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HomeMy WebLinkAboutPC 2014-1251 • I M MAI'M Lei M 52 91a- W W911119119111 - A. RECITALS 1 The property owner, Vipin Vadecha, and applicant, Syed Raza & Associates, Inc., filed an application for Development Review No. PL.2013-493 to construct a 269 square -foot addition and fagade rernodel to an existing 4,370 square -foot, two-level, single-family residence on a 65,776 gross square -foot (1.51 gross acres) lot located at 22925 Ridge Line Road, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 65,776 gross square feet (1.51 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Lot 31 of Tract 30091. The Assessor's Parcel Number is 8713-005-007. 4. On April 11, 2014, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, On April 10, 2014, public notices were posted at the City's designated community posting sites. On April 10, 2014, public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On April 22, 2014, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows - 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct-, and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(e)(2) (additions to existing structures not resulting in an increase of more than 10,000 square feet) of the CEQA Guidelines. Therefore, no further environmental review is required. Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22,48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): The design and layout of the proposed addition to the existing single family residence is consistent with the City's General Plan, City Design Guidelines and development standards by complying with all of the setbacks and requirements of the City's development code. The proposed addition does not further encroach into the existing legal non -conforming front and rear setbacks. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards: The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single-family homes. In addition, numerous trees—including a 2 Planning Commission Resolution No.. 2014-12 protected Black Walnut tree—will remain by constructing a majority of the addition within the existing building envelope and not extending the existing building lines. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it complies with the requirements for driveway widths and is a continuation of an existing use 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan: The new single-family home is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates. The existing architectural style of the home is thematic of Mediterranean influences. The applicant is proposing to add floor area to an existing two- level home at the street level and enhance the front fagade with a Mediterranean architectural style. The project is designed to be compatible and complementary to the neighborhood by keeping similar architectural details prevalent in the community, such as an enhanced entry supported by Tuscan columns, stucco finished quoin returns at edges of defining change of planes, and concrete the roof material. Also, a smooth sand stucco finish texture will be applied to the exterior walls to carry the same application present on the existing facade of the home. There is no specific plan for this area. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing: The design of the existing single-family home is reminiscent of Mediterranean influences. Consistent building elements have been achieved through the utilization of similar architectural features and building materials. The addition will not be intrusive to neighboring homes and will not block existing views since the new floor area will not project beyond existing building lines. The addition will be compatible to the existing development and remain aesthetically appealing. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e,g,, negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity - 3 Planning Commission Resolution No 2014-12 Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA): The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)(2) (additions to existing structures not resulting in an increase of more than 10, 000 square feet) of the CEQA guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: 1. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. Prior to building permit issuance, a certified arborist report shall be submitted for review and approval by the Planning Division. The arborist report shall contain recommendations specifying protective measures to preserve the Black Walnut tree from all construction activity. If the Black Walnut tree dies during construction activity, or within a time frame after approval of final inspection as specified by the consulting arborist, a minimum of three replacement Black Walnut trees or other protected species shall be planted on the property. Replacement trees shall be a minimum box size of 24 inches. 3. Prior to the issuance of a demolition, grading or building permit, the existing protected Black Walnut tree shall be enclosed by chain link fencing with a minimum height of five feet or by another protective barrier approved by the Community Development Director. A protective barrier shall be placed at least five (5) feet outside the drip line of the tree to also protect the existing surrounding grade. The fencing plan shall be shown on the grading plan and other applicable construction documents and the Planning Division shall be contacted to conduct a site visit prior to commencement of any work to ensure this condition is met. 4. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 Planning Commission Resolution No. 2014-12 The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Vipin Vadecha, 22925 Ridge Line Road, Diamond Bar, CA 91765; and applicant, Syed Raza & Associates, Inc., 12600 Central Avenue, Chino, CA, 91710. APPROVED AND ADOPTED THIS 22ND DAY OF APRIL 2014, BY THE PLANNING COMMISSION OF THE CITY OF DIAMONJIBAR. -0 Frank Farag'o, C 1, Greg Gubman, Planning commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 22 d day of April, 2014, by the following vote: AYES: Commissioners: Lin, Low, Pirritano, Chair/Farago NOES: Commissioners: None ABSENT: Commissioners: Shah ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 DR PL2013-493 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2013-493 SUBJECT: To construct a 269 square -foot addition and facade remodel to an existing 4,370 square foot, two-level, single family residence. PROPERTY Vipin Vadecha OWNER(S): 22925 Ridge Line Road Diamond Bar, CA 91766 APPLICANT: Syed Raza & Associates, Inc. 12600 Central Avenue Chino, CA 91710 LOCATION: 22925 Ridge Line Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold, harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL 2013-493 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 6 DR PL2013-493 (b) Applicant shall promptly pay any final judgment rendered against the City defendants, The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved has filed, within twenty-one (21) days of approval of this Development Review No. PL2013-493, at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, and fees for the review of submitted reports, 3, All designers, architects, engineers, and contractors associated with this project ; shall obtain a Diamond Bar Business License, and a zoning approval for those businesses located in Diamond Bar, 4. Signed copies of Planning Commission Resolution No. 2014-12, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engincer/Architect. 5. Prior to the plan check, revised site, grading and architectural plans incorporating all Conditions of Approval — if applicable — shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance, 9. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc,,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 Planning Commission Resolution No. 2014-12 N1 C 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. FEES/DEPOSITS 1, Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first, 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS 1. The approval of Development Review No. PL2013-493 expires within two years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code (DBMC) Section 22.66.050(b)(1). In accordance with DBMC Section 22.60,050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the Fee Schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is for the site plan, elevations, and exterior materials for the construction of a 269 square -foot addition and fagade remodel to an existing 4,370 square -foot, two-level, single-family residence at 22925 Ridge Line Road, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed below. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees, E** Planning Commission Resolution No. 201412 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection, 4. The above conditions shall run with the land a ' nd shall be binding upon all future owners, operators, or successors thereto of the property. Non- compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non-compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were Pulled to construct the project. 6. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 7, All ground -mounted utility appurtenances Such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division, & All roof -mounted equipment shall be screened from public view. 9. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 10. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 9 Planning Commission Resolution No 2014-12 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT :LL CONTACT THE PUBLIC WORKSDEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shali be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. Please refer to City handouts. 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402. and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. E. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 10 Planning Commission Resolution No. 2014-12 2, Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22,22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised, 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices, 8. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 9. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to cornmencing grading operations. 10. Rough grade certifications by project soils and civil engineers shall be Submitted prior to issuance of building permits for the foundation of the residential structure.. Retaining wall permits may be issued without a rough grade certificate. 11 Planning Commission Resolution No, 2014-12 11. Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 701000��• 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 11'"i 1 At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for Cal Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current Cal Green Code. 2111111111 � FIWRR� Lill 1. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 3. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building & Safety Division. 4. "Separate permits are required for retaining walls" and shall be rioted on plans. 12 Planning Commission Resolution No 2014-12 5. All easements shall be shown on the site plan. 6. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone, it shall meet requirements of the fire zone per CBC Chapter 7A. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. C. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. e. LA County Fire shall approve plans for fire flow availability due to home being over 3600 sf as required per CFC Appendix 8105.1. 7. All retaining walls shall be separately submitted to the Building and Safety and Public Works/Engineering Departments for review and approval. The locations of the retaining walls and any surcharges shall be considered in the design. The retaining walls and grading shall not affect the existing structure including existing window openings. 8. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. The soils report shall specifically address requirements for the Keystone walls and the required design criteria. Structural design shall be consistent with the soils report. 9. Slope setbacks shall be consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 2. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. The grading plans shall show the layout of the retaining walls, topographical information, extent of grading, and heights of walls to be approved by the City grading consultant and Building and Safety. 13 Planning Commission Resolution No, 2014-12 3. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 4. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. 1. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 2. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 3. The project shall be protected by a construction fence to the satisfaction of the Building Official. All fencing shall be view obstructing with opaque surfaces. 4. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 5. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 7. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 8. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 14 Planning Commission Resolution No. 2014-12 9, Any changes or deviation from approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 10. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 11. Carbon monoxide detectors are required in halls leading to sleeping rooms per CRC R315. 12. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 13. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft. with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42" minimum in height, 4" maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 14. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 15. All plumbing fixtures including existing areas shall have low flow type fixtures installed consistent with California Civil Code Section 1101,1 to 1101 ,8. WE 15 Planning Commission Resolution No, 2014-12