HomeMy WebLinkAbout03/22/2005 (2) � _
PLANNING F��EG�PY
C�MMISSI�N
AGENDA
�� March 22, 2005
7:00 P.M.
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
Chairman Joe McManus
Vice Chairman Rufh M. Low
Commissioner Dan Nolan
Commissioner Jack Tanaka
�� Commissioner Steve Tye
,.
. Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Dept. of Community& Development Services, located at
21825 Cop/ey Drive, and are available far public inspection. If you have questions regarding
an agenda item, please cal!(909) 839-7030 during regular business hours.
In an effort to comply wifh the requirements of Title ll of the Americans with
Disabilities Act of 9990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommadation(s) in order to communicate af a
City public meeting must inform the Deptartment of Community& Development Services at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
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Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
City o�f Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the
public may address the Commission on the subject af one or more agenda items and�"or other items of
which are within the subject matter jurisdiction of the Diamond Bar PVanning Commission. A request
to address the Commission should be subrr�itted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commiss�on.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequert to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMAI-ION RELATING TO AGENDA� AND ACTIONS OF THE COMMISSION
Agendas for D�amond Bar Planning Commission meetings are prepared by the Planning Division of
the Community and Development Services Department. Agendas are available 72 hours prior to the
'meeting at City Hall and the public library, and may be accessed by personal computer at the number
below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
available for a nominal charge.
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HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
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email: info(a�ci.diamond-bar.ca.us
Next Rssolution No. 2005-12
CITY OF DIAM4ND BAR
PLANNING COMMISSION
Tuesday, March 22, 2005
AGENDA
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice-Chairman
Ruth M. Low, Dan Nolan, Jack Tanaka, Steve Tye
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non-agenda items. Please complete a
Speaker's Card for the recordinq Secretary (Completion of this form is voluntarv.}
There is a five-minute maximum time limit when addressinq the Plannina Commission.
* * * * * * * *
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar iten�s may be removed firom .the
agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: March 8, 2005.
5 OLD BUSINESS: None.
6 NEW BUSINESS: None.
7 PUBLIC HEARING(S):
7.1 Development Review No. 2005-04 - In accordance with Diamond Bar
Mur�icipal Code Section 22.48 - this is a request to construct an approximate
1,436 square feet #wo story addition and 539 square feet patio cover/deck and
trellis at the rear of the existing 1,380 livable square feet, two story, single
family residence with a two car garage.
Project Address: 1020 Farel Avenue
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MARCH 22, 2005 PAGE 2 PLANNING COMMISSION
Property Ownerl Jose and Veronica Medina
Applicant: 102Q Farel Avenue
Diamond Bar, CA 91765
Environmental Determination: The City has determined that this p�oject is
Categorically Exempt in accordance with the California Environmental Quality
Act (CEQA), Section 15301(e).
Recommendation: Staff recorrimends that �the Plarining Commission approve
Development Review No. 2005-04, Findings of Fact, and conditions of approval
as listed within the draft resolution.
7.2 Development Review No. 2005-09 - In accordance with Diamond Bar
Municipal Code Section 22.48 - this is the second request within the same year
and when added together totals more than 50 percent of the existing livable
square footage. This request is to construct an approximate 468 square feet
one story addition and 97 square feet covered patio at the rear and to remodel
the existing 1 ,380 livable square feet, one story, single family residence with a
two ca� garage.
Project Address: 21602 Birch Hill Drive
Property Owner/ Erick and Lakesha Carpenter
Applicant: 21602 Birch Hill Drive
Diamond Bar, CA 91765
Environmental Determination: The City has determined that this project is
Categorically Exempt in accordance wit�h the California Environmental Quality
Act (CEQA), Section 1�301(e).
Recommendation: Staff recommends that the Plar�ning Corrirr�ission approve
Development Review No. 2005-09, Findings of Fact, and conditions of approval
as listed within the draft resolution.
7.3 Development Review No. 2005-03, Minor Conditional Use Permit
No. 2005-03 - In accordance with Code Sections 22.48.020. (a)(1), 22.56 and
22.68 - this is a request to construct a one story addition of approximately 1,106
square feet of livable area to an existing one story single-family residence of
approximately 1,288 square feet of livable area plus a two-car garage. The
existing single-family residence is considered legal non-conforming due to
existing five foot side yard se�tbacks. The Minor Conditional Use Permit is a
request to maintain the existing fiive foot side yard setbacks for the proposed
addition instead of the required five and 10 foot side yard setbacks.
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MARCH 22, 2005 PAGE 3 PLANNING COMMISSION
Project Address: 2611 Crooked Creek Drive
Property Owner: Mr. and Mrs. Timothy Keck
2611 Crooked Creek Drive
Diarnond Bar, CA 91765
Applieant: Mr. Mike Mo
317 W. Main Street, #202
Alhambra, CA 91801
Environmental Determination: Pursuant to the provisions of the California
Environmental,Quality Ac# (CEQA), Section 15301(e), the City has determined
that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2005-03/Minor Conditional Use Permit No. 2005-03,
Findings of Fact, and conditions of approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
� 9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates tbr future proiects.
10. SCHEDULE OF FUTURE EVENTS:
NEIGHBORHOOD Tuesday, March 22, 2005 - 7:00 p.m.
TRAFFIC MANAGEMENT SCAQMD/Government Center- Room CC-3
MEETING: 21865 Copley Drive
(Neighborhood boundaries are Grand Ave.
on the north, Brea Canyon Rd./Golden Spgs.
Drive on the west, Pathfinder Rd. on the south,
and Diamond bar Blvd. on the east.)
SAN GABRIEL RIVER Wednesday, March 23, 2005 - 7:Q0 p.m.
S"fUDY TOWN HALL Diamond Bar Center- Grand View Ballroom
MEETING: 1600 Grand Avenue
PARKS AND RECREATION Thursday, March 24, 2005 - 7:00 p.m.
COMMISSION MEE"fING: SGAQMD/Government �enter
Hearing Board Room, 21865 Copley Drive
MARCH 22, 2005 PAGE 4 PLANNING COMMISSION
NEIGHBORHOOD Wednesday, March 24, 2005 - 7:00 p.m.
TRAFFIC MANAGEDMENT Diamond Bar Center - Pine Room
ME�ETING: 1600 Grand Avenue
(Neighborhood boundaries are SR-60 on the
north, Goiden Spgs. Drive on the west,
Grand Ave. on the south, and the City's
easterly boundary.)
BREAKFAST LIONS Saturday, March 26, 2005 - 10 a.m.
CLUB EASTER EGG HUNT: Pantera Park, 738 Pantera Drive
PUBLIC SAFETY Monday, April 4, 2005 - 7:00 p.m.
COMMITTEE: Diamond Bar/Walnut Sheriff Station,
21695 E. Valley Blvd., Walnut
CITY COUNCIL MEETING: Tuesday, April 5, 2005 - 6:30 p.m.
SCAQMD/Goverriment Center - Auditorium
21865 Copley Drive
ACE OUTREACH Wednesday, April 6, 2005 - 7:30 p.m.
MEE-I-ING: Walnut Elementary School
(Brea Canyon Road Multi Purpose Room
Grade Separation Project) 841 Glenwick Avenue, Diamond Bar �
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PLANNING COMMISSION Tuesday, April 12, 2005 - 7:00 p,m.
MEETING: SCAQMD/Government Center - Auditorium
21865 Copley Drive
TRAFFIC AND Thursday, April 14, 2005 - 7:00 p.m.
TRANSPORTATION SCAQMD/Government Center
COMMISSION MEETING: Hearing Board Room - 21865 Copley Drive
11. ADJOURNMENT:
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MtNUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETlNG OF THE PLANNING COMMISSION
MARCH 8, 2005
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:15 p.m. in the South Coast Air C�uality
Management District/Government Center Auditorium, 21865 Capley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and
Commissioners Ruth Low, Joe McManus and Steve Tye.
Also present: James DeStefano,Assistant City Manager, Nancy Fong,
Planning Manager Ann Lungu, Associate Planner and Stella Marquez, Senior
Administrative Assistant.
2. REORGANIZATION OF PLANNING COMMISSION — selection of Chairman and
.. Vice Chairman.
ACM/DeStefano opened nominations for Chairperson.
Comm�ssioner Nolan nominated Commissioner McManus.
• Commissioner Low nominated Commissioner Tanaka.
ACM/DeStefano closed nominations for Chairperson.
Roll Call vote was taken as foHows:
Commissioner Nolan: McManus
Commissioner Low: Tanaka
Commissioner McManus: McManus
Commissioner Tanaka: Tanaka
Commissioner Tye: McManus
� ACM/DeStefano declared Joe McManus Chairperson of the Planning Commissian.
Chair/McManus opened nominatians for Vice Chairperson.
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MARCH 8, 2005 Page 2 PLANNING COMMISSION
Commissioner Tye nominated Commissioner Low.
Chair/McManus closed nominations.
Roll Call vote was taken as follows:
Commissioner Tye: Low
Commissioner Low: Low
Commissioner Nolan: Low
Commissioner Tanaka: Low
Chair/McManus: Low
ACM/DeStefano declared Commissioner Low Vice Chairperson of the Planning
Commission.
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
4. APPROVAL OF AGENDA: PM/Fong asked that Public Hearing Item 8.2 be
heard prio� to Public Hearing Item 8.1 .
5. CONSENT CALENDAR: , ,
5.1 Minutes of the Regular Meeting of February 22, 2005.
C/Nolan moved, C/Tye seconded to approve the minutes of the Regular
Meeting of February 22, 2005, as presented. Motion carried by the following
Roll Cail vote:
AYES: COMMISSIOI�ERS: Nolan, Tye, Tanaka, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
6. OLD BUSINESS: None
� 7. NEW BUSINESS: None
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MARCH 8, 2005 Page 3 PLAMNING COMMISSfON
8. PUBLIC HEARING(S):
8.2 �Comprehensive Siqn Proqram 2005-01 And Variance 2005-01 was a
request to amend the Comprehensive Sign Program for the Ranch Genter by
updating the design of the existing monument and wall signs; and a Variance
request to increase the ni�mber of monument signs from one to two, increase
monument sign height from 6 feet to 8.5 feet and reduce the required
setback from 10 feet to two (2) feet.
PROJECT ADDRESS: 800-884 Diamond Bar Bou{evard
(APN 8706-002-56j
Diamond Bar, CA 91765
PROPERTY OWNER/ The Simay Company
APPLICANT: 21800 Burbank Boulevard #150
Woodland Hiils, CA 91367
PM/Fong presen#ed staff's report and recommended Planning Commission
approval of Comprehensive Sign Program 2005-01 and Variance 2005-01,
� Findings of Fact, and conditions of approval as listed within the resolution.
� VC/Low asked the width of the ranch center from the outermost corner to the
opposite outermost corner. PM/Fong responded that the applicant did not
intend to change the'location of the monument sign, merely lift it up to place
� a monument rock base beneath it. The other two monument signs are
approximately 70 feet away from the driveway. Therefore, the proposed
location is not at the corner where it co�uld pose a traffic hazard. VCfLow
asked the measurement of the property fron#age and ACM/DeStefano
responded that it was about 400 feet. PM/Fong indicated to VC/Low that
monument signs B1 and B2 were double-sided. VC/Low wanted to know why
the applicant wanted two similarly designed monument signs. PM/Fong
responded �that �the center had eight slots and two monument signs and
visibility from both sides would allow all tenants to participate. VC/Law asked
for explanation of Sign Code rationale that there should be only one
monument sign rather than two. PM/Fong explained that the philosophy was
that there should not be too many monument signs fined up along one
stretch of street frontage. However, other properties were allowed to have an
increased number of signs and the precedence had been set as a result of
tenants being so far back on the property that they would not enjoy visibility
from the street compared to other shopping centers where tenants were
visible to street frontage. VC/Low asked if the precedent allowed a certain
number of signs per frontage or was according to the number of signs.
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MARCH 8, 2005 Page 4 PLANNING COMM1SS10N
PIVI/Fong responded that it was number of signs. She cited several examples
that supported the precedent. VC/Low wanted to know if the frontage
supporting the three monument signs was greater or lesser than the 400 feet
of the proposed project. PM/Fong said the frontage was very similar ir� length
and could be slightly longer than this project.
Darren Murrin, The Simay.Company, said that this request was made strictly
to benefit the center's tenants because several tenants at the back of the
center had no s�treet visibility. In addition to the signage the water tower
would be refurbished. Also, his company was looking at color schemes and
was considering repainting the entire center.
C/Tanaka said he was pleased that the applicant wanted to provide
additional monument signs for the tenants and also said he was very happy
with the design.
Chair�'McManus asked if each unit were divided down to the smallest
possible square footage would 34 signs cover all spaces. Mr. Murrin
responded that the goal was to provide a sign for all tenants even at the
minimum square footage per unit.
� VC/�ow said it was difficult to park in the center because the parking spaces . ,
were very narrow. Mr. Murrin said he would look into the parking to see if it
conformed to code. � '
C�ye asked how The Simay Company would be able to accommodate 34
tenants with 32 spaces. Mr. Murrin responded thatthewatertowerwauld be
used to advertise a major tenant. In addition, Acapulco has its own sign and
� only the smaller tenants would reside on the monument signs. Signage is
based on the square footage of the tenant whether they have one or two
slots. Mr. Murrin explained to C/Tye that the holes in the water tower would
be repaired priorto painting. In addition, the buildings within the centerwill be
rehabilitated because the company wanted the center to be a Class "A"
center.
Chair/McManus opened the public hearing.
. Kevin Clayborne, Clayborne Hair Studio, eagerly anticipated Plarir�ing
Commission approval of the project since his studio was located at the back
of the center. He felt twa signs were an excellent idea and would provide
additional visibility for southbound traffic.
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MARCH 8, 2005 Page 5 PLANNING GOMMISSION
Chair/McManus closed �the public hearing.
C/Tye said he thought the plan included relocating the Acapufco sign. It
would be okay if it was not relocated but it would need to be renovated and
updated.
Mr. Murrin acknowledged that his company would improve, redo or efiminate
the "enter" sign.
C/Tye moved, C/Tanaka seconded, to approve Comprehensive Sign
Program 2005-01 and Variance 2005-01, Findings of Fact and conditions of
approval as listed within the resolution. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Tye, Tanaka, Nolan, VC/Low,
Chair/McManus
NOES: COMMIS510NERS: None
ABSENT: COMMISSIONERS: None
8.1 Development Review No. 2005-01 and Minor Conditional Use Permit No.
2005-01 (pursuant to Code Sections 22.48.020(a)(1) and 22.52) was a
request to construct a first and second story addition of approximately 2,630
square feet that included livable area, two decks with patio area below to an
exist�ng two story singie-famiiy residence of approximately2,647 squarefeet
with a three-car garages. The Minor Variance is a request to allow a 13-foot
separation between the subject resider�tial structure and the residential
structure on a neigl-iboring property instead of the required 15 fest.
PROJECT ADDRESS: 24059 Highcrest Drive
(Tract 31941, Lat 4)
PROPERTY OWNER/ Ranadhira and Vyjayanthi Nayudu
APPLICANT: 24059 Highcrest Qrive
Diamond Bar, CA 91765
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Development Review No. 2005-01 and Minor
Conditional Use Permit No. 2005-01, Findings of Fact, and conditions of
approval as listed within the resolution.
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MARCH 8, 2005 Page 6 PLANNING COMMISSION
�hair/McMani.�s said he thought it was necessary to always maintain a five-
foot side yard clearance on both sides of the residence and it did not appear
that the property conformed. AssocP/Lungu responded that the side yard
setbacks would be six feet on one side and 10 feet on the other side and that
overhead shots sometimes distorted the true picture.
C/Nolan said he would assume that the addition would have no impact in
terms of geotechnical issues. PM/Fong said that the project was conditioned
that prior to construction the applicant would provide a study to the City that
the addition was safe for the property.
C;Tye said that although the report indicated the City did no� have records to
indicate that the rear retaining walls were permitted it did not necessarily
mean that permits were never issued and AssocP/Lungu agreed.
AssocPlL.ungu explained that Mr. Nayudu orthe previous ownercould have
permits. However, the City does not have record of permits. C/Tye asked
about the apparent contradiction regarding windows in the addition.
AssocP/Lungu explained that there were no windows in the six linear feet
facing the property to the south.
Rardy Nayudu, applicant, said he had no presentation but wauld gladly
answer questions. He said that the addition included approximately one _ .
thousana feet of deck making the actual addition closerto 1600 square feet.
The project included'a'ddition of one downstairs bedroom and a family room
as weli as conversion of the formal dining room to part of the living area.
' C!i ve said he found it exciting when people chose to improve their homes
ratner tnan move on to a larger home in a different area.
C%Tanaka said he visited the property and was pleased with staff's report.
Mr. Nayudu said he found it a wanderful experience dealing with the City's
Planning Division and in particular, AssocP/Lungu who is very
knowledgeable and hefped move his project forward in a very smooth
manner.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this matter, Chair/McManus
closed the public hearing.
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MARCH 8, 2005 Page 7 PLANNING COMMISSION
C/Nolan moved, C/Tye seconded to approve Development Review
No. 2005-01 and Minor Variance No. 2005-01, Findings of Fact and
conditions of approval as listed witfiin the resolution. Mation carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Tye, Tanaka, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
9. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: None
Offered.
10. STAFF COMMENTS AND INFORMATIONAL ITEMS: ACM/DeStefano
reported that at its March 1 meeting the City Council approved First Reading of the
bundle of Development Code changes as recommended by the Planning
Comrnission. On March 15 the Council will approve Second Reading and the
changes will become effective approximately April 15. The interim ordinance will
automatically end and applications will be accepted for changes recommended by
the Planning Commission and endorsed by the City council.
�� Chair/McManus presented outgoing Chairman Nolan with a plaque commemorating
his service to the Commission.
.,
VC/Low said she understood that Council pulled the holiday decoration portion of
the amendments. ACM/DeStefano explained that upon review of the City
' Prosecutor's proposed verbiage CAIJerikins felt the matter of holiday lights
deserved further consideration. The City Council pulled that portion of the
amendment for further consideration.
C/Tye praised staff and their work on behalf of the City. Chair/McManus concurred.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
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MARCH 8, 2005 Page 8 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
ChairlNolan adjourned the meeting at 8:01 p.m.
Respectfully Submitted, -
James DeStefano
Assistant City Manager
Attest:
Joe Mcf��anus, Chairman
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��a9 AGENDA REPORT
3182� COPLEI' DR1VE—DL4MOND Br1R.CA 91765—TEL(909)839-7030—F�1(909)861-3117—ww��.Cit�ofdiamondbar.com
AGENDA ITEM NUMBER: ��; . �
MEETING DATE: March 22, 2005
REPORT DATE: March 14, 2005
CASE/FILE NUMBER: Development Review 2005-04
PROJECT LOCATION: 1020 Farel Avenue, Diamond Bar, CA 91765 (APN:
8763-001-007, Lot 21, Tract 27264)
APPLICATION REQUEST: A request to construct an approximate 1,436 square
feet two story addition and 539 square feet patio
cover/deck to the existing 1,380 livable square feet,
two story, single family residence with a two car
,.
garage.
PROPERT�' OV�'NERS! Jose and Veror�ica Medina, 1020 Farel Avenue,
APPLIC.A?�Z�S: Diamond Bar, CA 91765
STAFF Approve Development Review No. 2005-04
RECOMMENDATION:
1
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BACKGROt"�D.
The property owners/applicants, Jose and Veronica Medina, request Development Review
No. 2005-04 approval. The lot is approximately 8,002 grossl7,992 usable square feet in
size and is rectangular in shape. The existing two story single family residence was
approved and completed in 1968.
A?�ALYSIS:
A. Review Authority
The 1 ,436 square feet addition is greater than 50 percent of the structure's existing
livable floor area (1 ,380 square feet); therefore, the discretionary Development
Review process is required per the Diamond Bar Municipal Code (DBMC) Section
22.48.020(a)(1 }. This process establishes consistency with the General Plan through
the promotion of high aesthetic and functional standards to complement and add to
the City's economic, physical, and social character. The process ensures that the
proposed project's develapment yields a pleasant living environmentforthe residents
and visitors as the result of consistent exemplary design.
B. Site and Surrounding Uses
General Plan designation - Low Medium Residentiai (RLM) Maxirrium 5 DU/Acre
Zoning - Singie iamily Residence-Minimum Lot Size 8,000 Square Feet(R-1-8,000)
Surrounding Zones and Uses — To the north, south and west, is the R-1-8,000
zone and single family use and to the east is the Commerciaf Planned Development _ _
zone and storage use.
, .
C. Genera/ Plan/Design Guidelines/Compatibility with Neigh6orhood
1 . Strategy i .2.4, Maintain residential areas which provide ownership for single
famiiy housing and require that new development be compatible with the
prevailirg character of the surrounding neighborhood; and
2. Strategy �.2.1 , New developments shall be compatible with surrounding land
uses.
Staff�s review finds the application is consistent with the General Plan, Municipal
Code Standards, the City's Design Guidelines and �the project is compatible with the
neighborhood.
D. Development Standards
The following comparison shows that the proposed project meets the City's
Development Standards:
2
� � N
fl i
Development I RLM Zoning District ': P ; Meet �
� Feature Re uirements Pro osed ; Re uirements `
n q N
�
� '
I� � .18 acre � h
N~
' Minimiam Lot Area 8,000 S.F. $,002 gross SF � Yes
' 7,590 usable S.F. .
,
I, ;
i; 1 Single family Unit; j
I� Residential Densit 5 er ross acre I 1 Single family Unit Yes
li Approximately
�� Front ard setback 20 feet 28 feet Yes
j; Side yard setback 5'-0" & 10'-0" 9' & 15' Yes
each
Side yard minimum
� between structures � 15 feet Meets 15 feet Yes
t on ad�oinin arcels ! �
N� ; Approximately
�i Rear setback 20 feet 32 feet Yes
� �
'i Buildin Hei ht Limit , 35 feet-0" (maximum) i 22 feet Yes
,i As required by Chapter ',
� Hillside Development 22.22 (Hillside i Two story on pad Not applicable
�- Mana ement �
As required by Chapter I Front yard equals
Landscaping 22 24 �Landscaping) more than 50% Yes
landsca in
2 in fully enclosed �� Existing enclosed Yes
Parkin ara e 20'X20' . 2-car ara e
�
Lot Covera e , 40% j ' Appx. 36% Yes
''' Preserved/Protected ! Less than one-half acre I $,002 grass square
Trees ', lots - exempt from Tree � feet is less than Exempt
Permit re uirements � one-half acre
E. The Proposed Addition
1. Architectural Features and Colors: The existing house is a typical 1960's
contemporary architectural style. The proposed two story addition is generally
. over the singie story garage. The design's multi-levels of roof blend well into the
existing two story. The windows, roofing, and stucco add texture and contra5t for
variety and low maintenance levels. The proposed additian's architectural style
3
and palette are compatible with the other homes in the neighborhood and
consistent with the General Plan, City s Design Guidelines and Municipal Code. _ _
2. Floor Plans: The addition enlarges the first floor's existinq dii�ing room. The
second floor adds a storage closet; hallway for the master bedroom witr� bath; and
the sixth bedroom. Staff anticipates the two car garage and previously expanded
driveway is adequate parking for this remodel.
3. Site Work: The subject addition is on fihe existing pad. No grading or retainir�g
walls are anticipated. A drainage plan is required with a separate submittal to the
Engineering/Public Works Division and is an approval condition.
4. Landscaping: Front yard landscape/irrigation replacement is required as an
approval condition. Landscaping is often destroyed during a remodel of tFiis
magnitude and replacement or restoration is required prior to the Planning
Division's final inspection.
F. Covenant and Agreement
An approval condition requires the owners to complete and record a "Covenant and
Agreement to Maintain a Single family Residence"on a City form. The covenant must
be recorded with the Los Angeles County's Recorder's Office priorto building permit
issuance.
G. View lmpact
The existing structure and the proposed addition is a two story in accordance with " "
Municipal Code height standecds. It is not considered ari impact to the surrounding
properties view corridor.
H. Additionai Review
The Pubiic Works Division and the Building and Safety Division reviewed this project.
Their comments are included in both the report and the approval conditions.
NOTICE OF P��BLIC HEARING:
On March 3, 2005, 56 property owners within the project's 500-foot radius were mailed a
public hearing notice. On March 4, 2005 three other locations within the appiicafion's
vicinity were posted. On March 8, 2005, the project's public hearing notification was
published in the San Gabriel Vallev Tribune and Inland Valley Dailv Bulletiri newspapers
and a pubiic hearing notice display board was posted at the site.
4
ENVIRONMENTAL ASSESSMENT:
The City has determined that this project is categorically exempt per the 1970 California
Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures
where all public facilities are available).
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Development Review No. 2005-
04, Findings of Fact, and conditions of approval, as listed within the attached resolution.
Prepared by:
Linda Kay Smith,
Development Services Associate
RTTACHMENTS:
1 . Draft Resolution of Approval with required findings;
2. Covenant and Agreement;
3. Aerial;
4. Exhibit "A" - site plan, floor plan, elevations, and roof plan dated March 22, 2005.
„
5
DRA�T
ATTACHMEN7 "1''
PLANNING COMMISSION
RESOLUTION NO. 2005-xx
A RESOLUTION OF THE DIAMOND BAR PLANNING
COMMtSSION APPROVING DEVELOPMENT REVIEW NO.2005-04
AND CATEGORICAL EXEMPTION 15301(ej, A REQUEST TO
CONSTRUCT AN APPROXIMATE 1,436 SQUARE FEET TWO
STORY ADDITION AND 539 SQUARE FEET PATIO COVER/DECK
TO THE EXIS'fING 1,380 LIVABLE SQUARE FEET, TWO STORY,
SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE. THE
PROJECT SITE IS LOCATED AT 1020 FAREL AVENUE (LOT 21,
TRACT NO. 27264), DIAMOND BAR, CALIFORNIA.
A. Recitals
1 . The property owners/applicants, Jose and Veronica Medina, have filed a
Development Review No. 2005-04 application for a property located at 1020
Farel Avenue (Lot 21 , Tract No. 27264), Diamond Bar, Los Angeles County,
California, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Development Review and Categorical Exemption
shall be referred to as the "Application."
2. On March 3, 20Q5, 56 property owners within the project's 500-foot radius
-- were mailed a public hearing notice. On March 4, 2005 three other locations
within the application's vicinity were posted. On March 8, 2005,the project's
public hearing notification was published in the San Gabriel Valley Tribune
and Inland Vallev Daily BuVletin newspapers and a pi.iblic hearing no#ice
display board was posted at the site. �
3. On March 22, 2005, the Planning Commission of the City of Diamond Bar
� conducted and concluded a duly noticed public hearing on the Application.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1 . The Planning Cammission hereby specifically finds that all of the facts set
forth in the Recita{s, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resoli�tion is categarically exempt per the 1970 Cafifornia
Environmental Quality Act (CEQA), Section 15301(e).
3. The Planning Commission hereby specifiically finds and determines th�t,
having considered the record as a whole includir�g the findings set forth
� 1
DRAFT
ATTACHMENT "1"
below, and changes and alterations whicri have been incorporated into and
conditioned upon the proposed project set forti-i in the Application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential af an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) -�he project parcel is Lot 21 , Tract 27264, APN 8763-001-007, and
addressed 1020 Farel Avenue, Diamond Bar, California. The project
site is approximately .18 gross acres: 8,002 gross and 7,992 usable
square feet. It is a rectangular shaped lot with the existing two story
single family residence approved and completed in 1968.
(bi The General Plan Land Use designation is Low Medium Residential
(RLM), maximum 5 dwelling units per acre. The site is zoned Single
family Residence, R-1-8,000.
(c; To the north, south, and west is the R-1-8,000 zone and single family
use; and to the east is the Commercial Plarined Development zone
and storage use. -
. ,
(d; The Application requests an approximate 1,436 square feet two story
addition and 539 square feet patio cover/deck to the existing 1,380
iivabVe square feet, two story single family residence with a two car
garage.
DEVELOPM�NT REVIEW
(ej The design and layout of the proposed development are consistent
with the General Plan, development standards of the applicable
district, design guidelines, and architectural criteria for specialized
area (e.g., theme areas, specific plans, community plans, boulevards,
or planned developments.
The project site, currently developed with a two story, single family
residence was established before the adoption of the City's Genera/
Plan and current Municipal Code. The adopted July 25, 1995 General
Plan land use designation is Low Medium Residential (RLM)
(maximum 5 dwelling units/per acre). The Application complies with
the City's Genera/ Plan objectives and strategies related to
maintaining the integrity of residential neigh6orhoods and open
2
� , ,
�
DRAFT
ATTACHMENT "1"
space, the current Diamond Bar Municipal Code, and with the City's
Design Guidelines. There is no specific plan.
The proposed project conforms to applicable provisions of the
Municipal Code; the site coverage is less than 40 percenf; it is
comparable with the existing neighborhood; it meets the required
height limitations; and it does not encroach into the setbacks further
than the existing structure.
(f) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards.
Brea Canyon Road and Golden Springs Drive adequately serve the
project site. These and the neighboring streets are designed to handle
minimum tra�c creafed by residential developmenf. The projecf site is
currenfly developed with a two story, single family residence. The
proposed addition does not change the existing single family use. The
Applicafion maintains the existing styte consistent with surrounding
properties. The sfructure is not expected to unreasonably interfere
with the use and enjoyment of neighboring existing or future
development.
(g) The architectural design of the proposed development is cornpatible
. with the characteristics of the surrounding neigfiborhood and will
maintain and enhance the harmonious, orderly and attractive �
development+contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any appficable specific plan.
The proposed single family residence's contemporary architectural
style is retained. The proposed two storyaddition is generallyoverthe
single story garage. The design's multi-levels of roof blend well into
the existing two story. The windows, roofing, and stucco add texture
and contrast for variety and low mainfenance levels. The application's
architectural style and palette are compatible wifh the otherhomes in
the neighborhood and consistent with the General Plan, City's Design
Guidelines and Municipal Code. There is no specific plan.
(h) 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, and color
that is aesthetically appealing.
The colors, materials, and textures proposed are the same as existing
and are complimentary to the existing homes within the area while
offering variety and!ow maintenance levels.
3
DRAFT
ATTACHMENT "1"
(ij The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structura/plan check, City permits, and inspections; soi/s report and
Fire Department approvals, are required for construction. These
processes will ensure that the �nished project will not be detrimental
to the public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinify. Additionally, a Recarded
Covenant and Agreement is required and runs with the land to
maintain a single family residence.
(j) The proposed praject has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is categorically
exempf per the 1970 California Environmenfal Quality Act (CEQA),
Section 15301(e).
5. Based upon the fiindings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
(a; The project shall substantially conform to site plan, floor plans, and "
etevations cousctively labsled as Exhibit"A"dated March 22, 2005, as
submitted to, amended herein, and approved by the Planning
Commission.
(b) The subject site shall be maintained in a condition that is free of
debris both during and after the construction, addition, or
implementation of the entitlement granted 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
duly permitted waste contractor, who has been authorized bythe 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 utilized has obtained permits from the City of Diamond Bar
to provide such services.
PUBLIC WORKS
(c) The applicant shall submit a Drainage Plan to the Engineering/Public
Works Division illustrating the drainage pattern and an erosion control
plan; surface water shall drain away from the building at a 2%
4
�RaFT
ATTACHMENT "1"
minimum slope. Erosion control measures shall be in place for
construction started after October 1 through April 15. The erosion
control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's). The standards for the preparation of
erosion control plans can be obtained from the Pub�ic
Works/Engineering Division�.
(d) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
BUILDING AND SAFETY
(e) The applicant shall provide temporary sanitation facilities during
construction.
(f) If required by the Building Official, a construction fence shall protect
the project.
(g) The single family structure shall mest the 2001 Califomia Building
Code including smoke detectQrs and rescue window requirements.
.- (h) This single family structure shall meet the State Energy Conservation
Standards. "
, .
(i) The minimum design wind pressure shall be 80 rriiles per hour and
"C" exposure. The City is in seismic zone four (4). Applicant shall
submit drawings and eaieulations prepared by a licensed
architecUengineer with wet stamp and signature.
(j) Prior to Building and Safety plan check submittal, the applicant shall
indicate color and type (weight) af roofing materials; and stucco and
window colors on the plans.
(k) Prior to the Building and Safety plan check submittal, the applicant
shall specify #he location of tempered glass as required by the
California Building Code.
(I) Prior to the Building and Safety plan check siabmittal, the applicant
' shall specify '/4"/ft. slope for all decks and balconies with approved
water proofing material and shall provide guardrail connection detail
(height, spacing, etc.).
(m) Prior ta the Building and Safety plan check submittal, the applicant's
plans shall have kitchen and bathroom lights noted as fluorescent.
5
DRAFT
ATTACHMENT "1"
(nl Prior to the Building and Safety plan check submittal, the plans shall
indicate the door between the qarage and house shall be 1 3/8" solid
core door with self closing riinge. Walls between living space and
garage shall be 5/8"-type "X".
(oj Prior to the Building and Safety plan check submittal, the applicant's
plans shall indicate hard wired smoke detectors with battery back-up
in all bedrooms and hallways leading into sleeping areas.
(p) The single family structure requires Fire Department approval and is
located in "Hiqh Hazard Fire Zone" and shall meet the following
requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant." Tile roofs shall be
fire stopped at the eaves to preclude entry of the flame or
members under the fire;
(2) All enclosed under-floor areas shall be constructed as exterior
walls;
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion-resistant wire mesh not less
than '/4 inch nor more than '/2 inch in any dimension except
where such oper�ings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum '/� inch
screen. �
„
PLANNING
(q; The applicant shall comply with the requirements of City Planning,
Building and Safety, Public Works Divisions, and the Fire Department.
(r) The landscaping/irrigation shall be installed or replaced in the front
yard prior ta the Planning Division's finat inspection. Any walls, gates,
fountains, dense plant material, etc. that may be proposed within the
front setback shall not exceed a maximum height of 42 inches.
(s) The single family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise, odor,
traffic, or other disturbances to the existing residential neighborhood
and shali not result in significantly adverse effects an public services
and resources. The single family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
� dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
6
r
DRAFT
ATTACHMENT "1"
(t) The owners shall complete and record a "Covenant and Agreement to
� � Maintain a Single family Residence" on a form to be provided by�the
City. The covenant must be completed and recorded with the Los
Angeies County's Recorder's Office prior to the issuance of a building
permit.
(u) This grant is valid for two (2) years and shall be exercised (i.e.
construction) within that period or this grant shall expire. A one-(1)
year extension may be appraved when submitted to the City in writing
at least 60 days prior to the expiration date. The Planning
Commissian will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Municipal Code.
(v} This grant shall not be effective for any purpose until the permittee
and owners of the property involved (if otherthan the permittee)have
filed, within fifteen (15} days of approval of this grant, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aw�re and agree to accept all the
conditions of this grant. Further, this grant shall not be effective until
the permittee pays remaining City processing fees.
_ (w) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shal! remit to the City, within five days of this grant's
approval, a cashier's check of$25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore, if
. , this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
� app{icant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
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 Jose and Veronica Medina, 1020 Farel Avenue, Diamond Bar, CA
91765.
APPROVED AND ADOPTED THIS 22nd DAY OF MARCH 2O05, BY THE PLANNiNG
COMMISSION OF THE CITY OF DIAMOND BAR.
ay:
Joe McManus, Chairman
7
1
J
DRAFT
ATTACHMENT "1"
I, James DeStefano. 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 22nd day of March 2005, by the following vote:
AYES: Commissioner:
NOES: Commissioner:
ABSENT: Commissioner:
ABSTAIN: Commissioner:
ATTEST:
James DeStefano, Secretary
. ,
8
� . ,
ATTACHMENT "2"
�
RECORDING REQtJEST BY:
City ofi Diamond Bar
WHEN RECORDED MAIL TO:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Space Above Line For Recorder's Use Only
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIDENCE
DR 05-04
The undersigned hereby certify that JOSE AND VERONICA MEDINA are the
owner(s) of �the hereinafter described real property located at 1020 FAREL AVENUE in
the City of Diamond Bar, County of Los Angeles, State of California, commonly known
as:
Legally described as Lot 21 Tract Maq No. 27264
Assessor's Book and Parcel Number 8763-001-007
And, I/we do hereby covenant and agree for ourselves, heirs, assigns,
transferees and successors, with the City of Diamond Bar (hereinafter "City") that the
above described property shall be used for single family residential purposes only.
This covenant and agreement shall run with the land and shall be binding upon
ourselves, f�ture owners, their heirs, and successors and assignees and sha11 continue
in effect until and unless approved otherwise by the City of Qiamond Bar is specifically
intended that the benefits and burdens of this covenant run with the land.
If the City is required to bring legal action t'o enforce this covenant, then the city
shall be entitled to its attorney fees and court costs.
By
By
DATED:
' ' ,
ATTACHMENT "2"
a
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On this day of , 200_ before me the undersigned Notary
Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that executed the same in authorized capacity(ies),
and that by signature(s) on the instrument the person(s) or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
„
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����� _ �- -�Y � -: � PLANNING COMMIS SIUN
:�,, �,., ,
�k1Y1R��/
���989� AGENDA REPORT
,
21825 COPLEI'DRI�'E—DIAMOND BAR.CA 91765—TEL(909)839-7030—F.Ah(909)861-3117—�����c.Cit�ofdiamondbar.com
AGENDA ITEM NUMBER: � �.
MEETING DATE: March 22, 2005
REPORT DATE: March 14, 2005
CASE/FILE NUIVIBER: Development Review 2005-09
PROJECT LOCATION: 21602 Birch Hill Drive, Diamond Bar, CA 91765
(APN: 8285-005-009, Lot 75, Tract 25987)
APPLICATIOI� REQUEST: A request to construct an approximate 468 square feet
one story addition and 97 square feet patio cover to
the existing 1,288 livable square feet, one story, single
family residence wi�th a two car garage. This is the _
second request to add square footage wi�tr�in the same
' year and when added together totals more than 50
� percent of the existing livable square footage.
PROPERTY OWNERS/ Erick and Lakesha Carpenter, 21602 Birch Hill Drive,
� APPLICA?�iTS: Diamond Bar, CA 91765
STAFF Approve Development Review No. 2005-09
RECO!VIMENDATI4N:
1
BACKGROt'ND:
The property owners/applicants, Erick and Lakesha Carpenter, request Deveiopment
Review Na. 2005-09 approval. The lot is approxima#ely 8,488 gross/8.438 usable square
� feet in size and is rectangular in shape. The existing one story single family residence was
approved and corripleted in 1963.
A:�AL1'SIS:
A. Review Authority
The 565 square feet addition with patio cover is greater than 50 percent of the
structure's existing livable floor area (1,288 square feet) when added to the 499
square feet singie story addition, which is also in the rear and previously approved
this year by staff with Plot Plan No. 04-81. Therefore, the discretionary Development
Review process is required per the Diamond Bar Municipal Code (DBMC) Section
22.48.020(a)(1 ).
The Development Review process establishes consistency with the General Plan
through the promotion ofi high aesthetic and functional standards to complement and
add tc the City's economic, physical, and social character. The process ensures that
the proposed project's development yie�ds a pleasant living environment for the
residen;s and visitors as the result of consistent exemplary design.
B. Site and Surrounding Uses
General Plan designation - Low Medium Residential (RLM) Maximum 5 DU/Acre
Zoning - S�ngle family Resi��nce-Minimum Lot Size 7,500 Square Feet(R-1-7,500)
Surrounding Zones and Uses — The R-1-7,500 zone and single family uses
• C. General Plan/Design Guidelines/Compatibility with Neighborhood
1 . Strategy 1 .2.4, Maintain residential �reas which provide ownership for single
family housing and require that new development be compatible with the
prevailing character of the surrounding neighborhood; and
2. Strategy 2.2.1 , New developments shall be compatible with surrounding land
uses.
Staff's review indicates the application is consistent with the General Plan, Municipal
Code Standards, the City's Design Guidelines and the project is compatible with the
neighborhood.
2
,
D. Development Standards �
The following comparison shows that the proposed project meets the City's
Develo ment Standards:
[ '; �,
ii Development � RLM Zoning District I Meet
II Feature Requirements Proposed � Requirements
li !
' .19 acre I i
� Minimum Lot Area , 7,500 S.F. � $,488 gross SF Yes
7,590 usable S.F.
� �
I� 1 Single family Unit; 1 Sin le famil Unit
i
,: Residential Densit 5 er ross acre g y Yes
� Approximately
jFront ard setback �0 feet 25 feet Yes
;
P �
��� �ide yard setback ; 5'-0" & 10'-0° 7.5' & 10' Yes
i each ' I
j� Side yard minimum I�,
li between structures 15 feet � Meets 15 feet Yes
i on ad�oinin arcels � i
' 20 feet I Approximately Yes
Rear setback 23 feet
Buildin Hei ht Limit 35 feet-0" (maximum) ; 13 feet Yes
As required by Chapter
Hillside Development 22.22(Nillside One story on pad Not applicable
Mana ement I
As required by Chapter � Front yard eq�uals
Landscaping 22.24 (Landscaping) ! more than 50/o Yes
landsca in
' 2 in fully enclosed I, Existing enclosed Yes
Parkin ara e 20'X20' . 2-car ara e
Lot Covera e 4�% Appx. 33% Yes
I� Preserved/Protected Less than one-half acre , 8,488 gross square
Trees ! lots - exempt from Tree � feet is less than Exempt
Permit re uirements � one-half acre
E. The Proposed Addition
1 . Architectural Features and Colors: The existing house is a typical 1960's
contemporary architectural style. Both this and the previously approved addition
3
� � R
are one story in the rear. The streetscape remains the same. The rear additions'
roofs are gable into the existing. The windows. roofing, and stucco add te�ure
and contrast for vanety and low maintenance levels. The proposed addition's
arcriitectural style and paiette are compatible with the other homes in the
neighborhood and consistent with the General Plan, City's Design Guidelines and
Municipal Code.
2. Floor Plans: This addition adds a master bedroom suite and creates a bathroom
and hallway firom an existing bedroom. The previous approval added a #amily
room. The home remains a four bedroom home. StafF anticipates the two car
garaqe and previously expanded driveway is adequate parking for this remodel.
3. Site Work: The subject addition is on the existing pad where the above ground
pool was previously located. "fhis pool has been removed. No grading or retaining
walls are anticipated. A drainage plan is required with a separate submittal to the
Engineering/Public Works Divislon. This is an approval condition.
4. Landscaping: Front yard landscape/irrigation replacement is required as an
approval condition. Landscaping is often destroyed during a remodel of this
magnit�de and replacement or restoration is required prior to the Planning
D�v;sion s fina! inspection.
F. Covenant and Agreement
�,n ap��ova' condit�on requires the owners to complete and record a "Covenant and
Arreemen? ;o Mamtam a Single family Residence"on a Cityform. The covenant must
be re�o-de:� �;r�'h the Los Angeles County's Recorder's Office priorto building permit � �
issuancE • .
G. View Impact
The ex,st��c. structure and the proposed addition is a one story in accordance with
Mun���pai Code height standards. It is not considered an impact to the surrounding
propert!�s v:ew corridor.
H. Additional Review
The Public Works Division and the Building and Safety Division reviewed this project.
Their comments are included in both the report and the approval conditions.
'�OTICE UF PL;BLIC HEARING:
On March 3. 2005, 118 property owners within the project's 500-foot radius were mailed a
public hearing notice. On March 4, 2005 three other locations within the application's
4
� . ,
.
vicinity were posted. On March 8, 2005, the project's public hearing notification was
published in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers
and a public hearing notice display board was posted at the site.
ENVIRONMENTAL ASSESSME�'T:
The City has determined that this project is categorically exempt per the 1970 California
Environmental Quality Act (CEQA), Section 15301(e) - (additions to existing structures
where all public facilities are available).
RECOMMENDATIONS:
Staff recommends that the Ptanning Commission approve Development Rev�ew No. 2005-
09, Findings of Facf, and conditions af approval, as listed within the attached resolution.
Prepared by:
Linda Kay Smith,
Development Services Rssociate
ATTACHMENTS:
1 . Draft Resolution of Approval with required findings;
�� 2. Covenant and Agreement; __
3. Aerial;
4. Exhibit "A" - site plan, floor pla�fi, elevations, and roof plan dated March 22, 2005.
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ATTACHMENT "1"
PLANNING COMMISSION
RESOLUTiON NO. 2005-xx
A RESOLUTION OF THE DIAMOND BAR PLANNING
COMMISSION APPROVING DEVEIOPMENT REVIEW N0.2Q05-09
AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO
CONSTRUCT AN APPROXIMATE 468 SQUARE FEET ONE STORY
ADDITION AND 97 SQUARE FEET PAT10 COVER TO THE
EXISTING 1,288 LIVABLE SQUARE FEET, ONE STORY, SINGLE
FAMILY.RESIDENCE WI'fH A TWO CAR GARAGE.THE PROJECT
SITE IS LOCATED AT 21602 BIRCH HILL DRIVE (LOT 75, TRACT
NO. 25987), DIAMOND BAR, CALIFORNIA.
A. Recitals
1 . The property owners/applicants, Erick and Lakesha Carpenter, have filed a
Development Review No. 2005-09 application for a property Iocated at
21602 Birch Hill Drive (Lot 75, Tract No. 25987), Diamond Bar, Los Angeles
County, California, as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Development Review and Categorical Exemption
shall be referred to as the "Application."
2. On September 1, 2004, staff approved a 499 square feet, one story, family-
�- room addition in the rear of the existing structure with Plot Rlan No. 2004-81.
Within the same year the property owners/applicants, Erick and Lakesha �
Carpenter, request ta edd another 565 square feet. When added together,
both additions total more than 50 percent of the existing livable square
footage and require Development Review.
3. On March 3, 2005, 118 property owners within the project's 500-foot radii.�s
� were mailed a pubfic hearing notice. On March 8, 2005 three other lacations
within the application's vicinity were posted. Ori March $, 2005,the project's
public hearing notification was published in the San Gabriel Vallev Tribune
and Inland Valley DailY Bulletin newspapers and a public hearing notice
display board was posted at the site.
4. On March 22, 2005, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. 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.
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ATTACHM�NT "1"
2. The Planning Commission hereby determines that the project identified
above in this Resolution is categorically exempt per the 1970 California
Environmental Quality Act (CEQA), Section 15301(e).
3. The P{anning Commission hereby specifically finds and determines that,
having considered the record as a whoie including the fiindings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the Application,there is no
evidence befare this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
�ommission hereby finds as follows:
(a} The project parcel is Lot 75, Tract 25987, APN 8285-005-009, and
addressed 21602 Birch Hill Drive, Diamond Bar, California. The
project site is approximately .19 gross acres: 8,488 gross and 8,438
usable square feet. It is a rectangular shaped lot with the existing one
story single family residence approved and completed in 1963.
;b? The General Rl�n Land Use designation is Low Medium Residential
(RLM), maximum 5 dwelling units per acre. The site is zoned Single
family Residence, R-1-7,500.
icj The R-1-7,500 zone and single family uses surround the site.
�d; ThP Application requests an approximate 468 square feet one story
addition and 97 square feet patio cover in the rear of the existing
' ,288 livable square feet, one story, single family residence with a two
car garage.
DEVELOPMENT R�VIEW
(e) The design and iayout of the proposed development are consistent
with the General Plan, development standards af the applicable
district, design guidelines, and architectural criteria for specialized
area (e.g., theme areas, specific plans, community plans, boulevards,
ar planned developments.
The project site, currently developed with a one story, single family
residence was establrshed before the adoption af the City's General
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ATTACHMENT "1"
Plan and current Municipal Code. The adopted July 25, 1995 Generai
Plan land use designation is Low Medium Residenfial (RLM)
� (maximum 5 dwelling units/per acre}. The Application complies with
the City's General Plan objectives and strategies related to
mainfaining the integrity of residentia! neighborhoods and open
space, the current Diamond Bar Municipa/ Code, and wifh the Cify's
Design Guidelines. There is no specifrc p/an.
The proposed project conforms fo applicable provisions of the
Municipal Code; the site coverage is less than 40 percent; it is
comparable with the existing neighborhood; it meets the required
heighf limitations; and if does not encroach into the sefbacks further
than fhe existing structure.
(f) The design and layout of the proposed development will nat interfere
with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards. .
Pathfinder Road and Evergreen Springs Drive adequately serve the
project site. These and fhe neighboring streets are designed to handle
minimum traffic created by residentia/developmenf. The project site is
currenfly developed with a one story, single family residence. The
proposed addifion does not change the existing single family use. The
�- Applrcation maintains the exisfing style consistenf with surrounding
properties. The structure is not expected to unreasonably interfere �
with the use end enjoyment of neighboring existing or future
development.
. (g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmoriious, orderly and attractive
development contemplated by Chapter 22.48, �the General Plan, City
Design Guidelines, or any applicabie specific plan.
The proposed single family residence's contemporary architectural
style is retained. The proposed one story addrtion is in the rear and
roof is gabled into the existing roof. The windows,roofing, and stucco
add texture and contrast for variety and low maintenance levels. The
applicatron's architectura! style and palette are compatible with the
other homes in the neighborhood and eonsistenf wifh the General
Plan, City's Design Guidelines and Municipal Gode. There is no
specific plan. �
(h) The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
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ATTACHMENT °1"
neighbors, through good aesthetic use of materiais, te�ture, and coior
that is aesthetically appealing.
The colors, materials, and textures proposed are the same as existing
and are complimentary to the exisfing homes within the area while
offering variety and low maintenance levels.
(i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the viciriity.
Structura!plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
processes will ensure that the �nished project will not be detrimental
to fhe public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinity. Additionaliy, a RecQrded
Covenant and Agreement is required and runs wifh the land fo
maintain a single family residence.
(jj The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is categorically
exempt per the 1970 California Environmenfal Quality Act (CEQA), � �
Section 15301�(e).
5. Based upon the findings and conclusion set forth above, the Planning
- Commission hereby approves this Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, floor plans, and
elevations collectively labeled as Exhibit"A"dated March 22,2005, as
submitted to, amended herein, and approved by the Planning
Commission.
(b) The subject site shall be maintained in a condition that is firee of
debris both during and after the construction, addition, or
implementation of the entitlement granted 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
duly perrr�itted 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
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ATTACHMENT "1"
contractor utilized has obtained permits from the City of Diamond Bar
to provide such services.
PUBLlC WORKS
(c) The applicant shaH submit a Drainage Plan to the Engineering/Public
Works Division illustrating the drainage pattern and an erasion control
plan; surface water shall drain away from the building at a 2%
minimum slope. Erosion control measures shall be in place for
construction started after October 1 through April 15. The erosion
control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's).The standards forthe preparation of
erosion control plans can be obtained from the Public
Works/Engineering Division.
(d) If applicable, the applieant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
BUILDING AND SAFETY
(e) The applicant shall provide temporary sanitation facilities during
�- construction.
(f) If required by�he Buildir�g Official, a construction fence shall protect
the project.
(g) The single family structure shall meet the 2001 California Building
Code including smoke detectors. and rescue window requirements.
(h) This single famiiy structure shall meet the State Energy Conservation
Standards. �
(i) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure. The City is in seismic zone four (4). Applicant shall
�ubmit drawings and calculations prepared by a licensed
architecUengineer with wet stamp and signature.
(j) Prior to Building and Safety plan check submittal, the applicant shall
indicate color and type (weight) of roofing materials; and stucco and
window colors on the plans.
(k) Prior ta the Building and Safety plan check submittal, the applicant
shall specify the location of tempered glass as required by the
California Building Code.
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ATTACHMENT "1"
(I} Prior to the Building and Safety plan check submittal, the appiicant's
plans shall have kitchen and bathroom lights noted as fluarescent.
(m) Prior to the Building and Safety plan check submittal, the applicant's
plans shall indicate hard wired smoke detectors with battery back-up
in all bedrooms and hallways leading into sleeqing areas.
(n) The single family structure requires Fire Department approval and is
located in "Hiqh Hazard Fire Zone" and shali meet the following
requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant." Tile roofs shall be
fire stopped at the eaves to preclude entry of the flame or
members under the fire;
(2) All enclosed under-floor areas shall be constructed as exterior
walls;
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion-resistant wire mesh not less
than '/4 inch nor more than '/2 inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum '/2 inch
screen.
. PLANNING
(o) The applican�shall comply with the requirements of City Planning,
Building and Safety, Public Works Divisions, and the Fire Department.
(p} The landscaping/irrigation shall be installed or replaced in the front
yard prior to the Planning Division's final inspection. Any walls, gates,
� fountains, dense plant material, etc. that may be proposed within the
front setback shall not exceed a maximum height of 42 inches.
(q) The single family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise, odor,
traffic, or other disturbances to the existing residential neighborhood
and shall not result in significantly adverse effects on public services
and resources. The single family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
� dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
(r} The owners shall complete and record a "Covenant and Agreement to
Maintain a Single famiiy Residence" on a form to be provided by the
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ATTACHMENT "1"
City. The covenant must be completed and recorded with the Los
Angeles County's Recorder's Office priorto the issuance of a building
permit.
(s) This grant is valid for two (2) years and shall be exercised (i.�.
construction) within that period or this grant shall expire. A one-(1)
year extension may be approved when submitted to the City in writing
at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Municipal Code.
(t) This grant shall not be effective for any purpose until the permittee
and owners of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Comrrrurrity and Development Services Department,
their affidavit stating that they are aware and agree to accept all the
conditions of this grant. Further, this grant shall not be effective until
the permittee pays remaining City processing fees.
(u) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of$25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore, if � -
this project is� r�ot exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
� applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
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 Er�ck and Lakesha Carpenter, 21602 Birch Hill Drive, Diamond Bar,
CA 91765.
APPROVED AND ADOPTED THIS 22nd DAY OF MARCH 2O05, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Joe McManus, Chairman
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ATTACHMENT "1"
I, .lames DeStefano, Plarining Commission Secretary, do hereby certifythat the foregoing
Resolution was dulv introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 22nd day of March 2005, by the following vote:
AYES: Commissioner:
NOES: Commissioner:
ABSENT: Commissioner:
ABSTAIN: Commissioner:
ATTEST:
James DeStefano, Secretary
„
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ATTACHMENT "2"
�
RECORDING REQI.IEST BY: I �
City of Diamond Bar
WHEN RECORDED MAIL TO: �
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Space Above Line For Recorder's Use Only
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIDENCE
DR 05-09
The undersigned hereby certify that ERICK AND LAKESHA CARPENTER are
the owner(s) of the hereinafter described real property located at 21602 BIRCH HILL
DRIVE in the City of Diamond Bar, County of Los Angeles, State of California,
commonly known as:
Legally described as Lot 75 Tract Map No. 25987
Assessor`s Book and Parcel Number 8285-005-009
And. liwe do hereby covenant and agree for ourselves, heirs, assigns,
transferees and successors, with the City of Diamond Bar (hereinafter "City") that �the
above described property shall be used for single family residential purposes arily.
Th�s covenant and agreement shall run with the land and shall be binding upon
ourselves. future owners. their heirs, and successors and assignees and shall continue
�n effect unt��, and unless approved otherwise by the City of Diamond Bar is specificafly.
�ntended that the benefits and burdens of this covenant run with the land.
If the C�ty �s requ�red to bring legal action to enforce this covenant, then the city
shall be ent�tled to its attorney fees and court costs.
By
By
DATED:
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ATTACHMENT "2"
a
STATE OF CALIFORNIA j
COUNTY OF �OS ANGELES ?
On this day of , 200_ before me the undersigned Notary
Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person�s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that executed the same in authorized capacity(ies),
and that by signature(s) on the instrument the person(s) or the entity
upon behalf of which the person(s) acted, executed the instrument.
WfTNESS my hand and official seal.
Notary Public in and for said State
„
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lt.�.,`F��u:�`:- AGENDI�REPORT
�f9sq'
CITY OF DIAMOND BAR� 21825 COPLEY DRIVE - DIAMOND BAR,CA 9176� - TEL.(909) 8�9-7030 - FA\(909) 861-3117
AGENDA ITEM'NUMBER:
MEETING DATE: March 22, 2005
REPORTDATE: March 9, 2005
CASE/FIL.ENLTMBER: Development Review 2005-03/Minor
Conditional Use Permit No. 2005-03
PROJECTLOCATIC�N: 2611 Crooked Creek Drive
(Tract 2599Q, Lot 44)
Diamond Bar, CA 91765
APPLICATION REQLIEST: Approve construction of a one story addition
of approximately 1,160 square feet of livable
area to an existing one story single-farriily
residence of approximately 1,288 square feet
of livable area with a two-car garage.
� Approve a Minor Conditional Use Permit in
order to maintain the following legal non- �
' ' conforming setbacks: five feet for the
. proposed addition instead of the required five
and ten foot side yard setbacks; and
separation of 12.5 and 14 feet between
residences on adjoining parcels instead of
the required 15 feet.
PROPERTYOWNERS: Mr. and Mrs. Timothy Keck
2611 Crooked Creek Drive
Diamond Bar, CA 91765
APPLICANT: M r. M i ke Mo
317 W. Main Street, #202
Alhambra, CA 91801
STAFFRECONIMENDATION: Approve Development Review No. 20Q5-03
and Minor Conditional Use Permit No. 2005-
03.
BACKGROUND:
A. Site Description:
The project site is located at 2611 Crooked Creek Road (Lot 44, Tract No. 25990). It is a
rectangular lot of approximately 7,564 square feet. It is developed with a one story single-family
residence, constructed in 1963 wikh approximately 1,288 square feet of livable area and a two-
car garage. Attached to the house is an existing patio, which will have to be removed with the
proposed addition. A swimrr�ing pool is under construction with the benefit of a building permit
in the rear yard.
B. Site anc� Surroundinq Zoninq:
The General Plan land use designation for the site is Low Medium Density Residential (RI_M)
Maximum 5 dwelling unit per acre, and the zoning designation is Single-Family Residential-
Minimum Lot Size 7,500 Square Feet (R-1-7,500). North, south and east of the site are zoned
Single Family Residential-Minimum Lot Size 7,500 Square feet (R-1-7,500) and west of the site
is zoned Restricted Business (C-1).
ANALYSIS:
A. Development Applications/Review Authority;
The proposed project consists of two applications. A Development Review application for the
architectural/design review of the proposed addition and a Minor Conditional Use Permit
application for maintaining the legal nonconforming side yard setbacks. The Development
Review requires approval from Planning Commission while the Minor Conditional Use Perrriit
requires approval from Hearing Officer. For this project, the Planning Commission is the
decision maker because all applications must be processed simultaneously and reviewed by the
highest review authority per the Development Code.
B. Development Review:
Each residentially zoned property, when considered for development, must maintain minimum
front, side and rear yard setback areas in addition to other development and design criteria (e.g.
parking, landscaping, height limits, lot coverage, etc.). The purpose of these development
standards is to: provide for open areas around buildings and structures; to provide access,
natural light, ventilation and direct sunlight; to separate incompatible land uses; to provide space
for privacy and landscaping; to support public safety; and to preserve neighborhood character
as stipulated in the City's General Plan.
The comparison matrix below shows that the proposed project meets the development
standards for the Low Medium Density Residential (RLM) zoning district except for the legal
nonconforming side and firont yard setbacks and separation between residential structures on
adjoining parcels. (Pursuant to the Development Code, development standards.for the RLM
zoning district apply to the R-1-7,500 zone district for this project.)
i .
I Development Feature : RLM Zoninct District � Proposed Meet �
�
� Requirement ;
i Minimum lot size 7,500 �.564 sq. ft. i i
i � Minimum Lot Area I sq.ft./5 dweAing units per (existing lot size) Yes �
' acre
i 1 Single-Family Dwelling 1 Single-Family Dwelling
� Residential Density Yes
� Unit Unit(existing}
Front yard setback 20 ft. 20.5 ft. Yes
i Side yard setback 5& 10 ft. from property I �& 5 ft. from property line No' - Minor Conditional
I (each) line Use Permit
Rear setback 20 ft. from rear property 33 ft.from rear property line Yes
line
� � 35#t. from natural or
� Building height limit � finished grade '�5 ft. from natural or Yes
' � (maximum) finished grade .
�
i �
iSeparation between ', 15 ft. 12.5& 14 ft. No- Requires Minor
adjacent residential ; Conditional Use Permit
� structures
�
._ ' Lot coverage 40 percent(maximum) 32 percent Yes
!� Parkmg � car garage fully 2 car attached garage Yes
; enclosed (minir'n�m)
C. Architectural Features/Colors and Materials/Floor Plan Layout:
The City's Design Guidelines have been established to encourage a better compatible buitding
and site design that improves the visual quality of the surrounding area through aesthetically
pleasing site planning, building design, and landscape architec#ure. Additionally, a primary
objective is ta promote compatibili#y with adjacent uses in order to minimize any potential
negative impacts.
The existing architectural style is typical 1960's Contemporary and will remain. The proposed
modifications include removing the existing wood siding on the front farade and replacing it with
stucco and stone veneer accent, re-roofing, reducing the number of posts at the firont entry and
changing the material and colors. The follawing mater�als and colors are proposed:
Roof GAF Material Carp., Grand Sequoia Shingles—Weather Wood Blend
Stucco La Habra Stucco—X-278/Trabuco—dark tan
Trim La Habra Stucco—X-81/Oatmeal—off-white
Stone Veneer Wainscot—2 ft. high on front fa�ade and entire chimney-(ight tan blend
DR 2005-03/MCUP 2005-03 Peg�3
Proposed colors and materials and alterations to the front fa�ade are compatible with other
homes within the surrounding neighborhood.
Residences in the neighborhood range from 1 ,280 to 2,429 square feet of livable area. The
subject residence has 1 ,288 square feet of livable area. With the proposed addition of 1 ,160
square feet, the subject residence will be approximately 2,448 square feet of livable area.
Therefore, the subject residence with the proposed addition will be comparable in square
footage to other homes within the neighborhood.
With the proposed addition, there will be five bedrooms with a two-car garage. The existing
driveway has been extended between the garage and north property line and can provide
additional parking if needed. Therefore, staff believes that the parking provided will be
adequate.
D. Covenant and Agreement:
As with many previously approved projects, the homeowner of the subject project is required to
complete and record a "Covenant and Agreement to Maintain a Single-Family Residence" on a
form provided by the City. This requirement is a condition within the attached draft resolution.
Prior to the issuance of any City permits, the covenant and agreement must be recorded with
the Los Angeles County Recorder's Office and submitted to the Planning Division.
E. Gradinq:
The buildable pad is existing and large enough to accommodate the proposed addition.
Therefore, grading of 50 cubic yards or more is not anticipated. As a result, a grading permit will
not be required.
. ,
F. Landscapinq:
The purpose of landscaping is to protect the public health, safety, and welfare by preserving and
enhancing the positive visual experience of the built environment (Section 22.24.Q10).
There�ore, landscaping and irrigation are an integral part af the development project. A
landscape/irrigation plan was not submitted with this project's application. The applicant will be
required to submit landscape/irrigation plan reflecting the replacement of landscaping destroyed
during construction. Prior to final inspection or Certificate of Occupancy issuance, front yard
landscape destroyed during constri.�ction shall be replaced.
G. Minor Conditional Use Permit:
Pursuant to Development Code Section 22.68.030, a structure is deemed nonconforming if it
� . fails to conform to the building envelope reguiations (e.g., lot coverage, height, or setback
requirements) as specified for each zoning district. This Code section also alfows the addition,
enlargement, extension, reconstruction, relocation, or structural alteration of a legal nan-
conforming structure through a Minor Conditional Use Permit if there are facts to support the
DR 2005-03/MCUP 2005-03 Pag�4
findings specified in Code Sections 22.56.040 and 22.68.030. However this Code section
requires that the exterior lirr�its of new construction must not exceed the applicable height limit or
encroach further into �the se�tbacks than the deveiopment line of the existing structure. If the
existing side yard setback is less than five feet, the exteriar limits of new construction must
maintain a minimum five foot side yard setback.
Pursuant ta Table 2-4 of Development Code Section 22.08.040, the required side yard setbacks
for the RLM zoning district are five and ten feet with a 15 foot separatian between residential
structures on adjoining properties. The existing residence at the project site has side yard
setbacks of five feet with a 12.5 and 14 foot separation between residential structures on
adjoining properties. Because the structure was constructed under Los Angeles County's
standards, it is now considered legal nonconforming. The proposed addition wiN maintain the
existing side yard setbacks and existing.separation between residential structures on adjoining
properties. It will follow the development line of the existing residence and will not exceed the
maximum height or lot coverage allowed in the RLM zoning district.
Staff believes th�t approving the Minor Conditional Use Permit as described above for the
proposed addition is appropriate and compatible with other residences in the neighborhood
because:
• The five foot side yard setback occurs most frequently in this neighborhood and the
proposed addition will maintain this required minimum and existing legal Nonconforming �ve
foot side yard setback
• The existing legal nonconforn��ing separation between residential structures on adjoining
,_ properties will be maintained with the proposed addition.
• Residences in the neighborhood rapge firom 1,280 to 2,429 square feet. With the proposed
addition, the residence is comparable in square footage to others in the neighborhood.
• The proposed project is consistent with the General Plan because it is compatible with the
prevailing character of the surrounding neighborhood with regard to setbacks, separation
between residential structures on adjoining parcels, height, lot coverage, architecti.�ral style,
colors and materials.
• Considering the width of the project site and the placement of the residence on the site, a
one story addition could only occur within the rear portion of the project site. A second story
addition could be considered but due to the project site's width and existing setbacks, a
second story addition would not relate in scale to the project site or adjacent residences.
• By maintaining the existing setbacks and separation between residential structures on
adjoiriing lots, it is consistent with the rest of the neighborhood. The proposed project will
increase the value of�the subject residence and other residences in the neighborhood.
DR 2005-03/MCUP 2005�03 P��5
J. Additional Review:
The City's Public Warks and Building and Safety Divisions reviewed this project. Their
recommendations are within the attached draft resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of �the California Environmental Quality Act (CEQA), Section 15301
(e) the City has deterrriined that this project is categorically exempt.
NOTICE OF PUBLIC�iEARING:
Notice for this project was published in the Inland Vallev Bulletin and the San Gabriel Vallev
Tribune on March 11, 2005. Public hearing notices were mailed to approximately 71 property
owners within a 500-foot radius of the project site and the public notice was posted in three
public places on March 4, 2005. Furthermore, the project site was posted with a display board
on March 10, 2005.
RECONA�ENDATION:
Staff recommends that the Planning Commission approve Development Review No. 2005-03,
- Minor Conditional Use Permit No. 2005-03, Findings of Fact and conditions of approval as listed
within the attached resolution.
„
Prepared by:
�
,.�
,,i��'�- � �G�I'�-.�,2�v
Ann J. LurSgu, Associ�te Planner
Attachments:
1 . Draft Resolution;
2. Exhibit "A" - site plan, floor plan, roof plan and elevations dated March 22, 2005;
3. Aerial.
DR 2005-03/MCUP 2005-03 P��6
r . .
v �
PLANNING CQMMISSION �
RESOLUTION NO. 2005-XX �� �
�
A RESOLUTION OF THE PLANNING COMMlSSION OF THE CITY �F
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-03, MlNOR
CONDII'IONAL USE PERMIT NO. 2005-03, AND CATEGORICAL EXEMPTION, A
REQUEST TO CONSTRUCT A ONE STORY ADDITION OF APPROXIMATELY 1,160
S�UARE FEET OF LIVABLE AREA T� AN EXISTING ONE STORY SINGLE-FAMI�Y
RESIDENCE WITH APPROXIMATELY 1,288 S�UARE FEET �F LIVABLE AREA
W1TH A TWO CAR GARAGE. THE MINOR CONDITIONAL USE PERMlT APPROVAL
WILL ALLOW EXISTING LEGAL NONCONFORMING SETBACKS AND SEPARATfON �
BETWEEN RESIDENTIAL STRUCTURES ON ADJOWING PROPERI'IES TO REMAIN.
THE PROJECT SITE IS LOCATED AT 2611 CROOKED CREEK DR�VE (LQT 44,
TRACT NO. 25990), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1 . The property owners, Mr. and Mrs. Timathy Keck and applicant, Mr. Mike Mo. have filed
an application for Development Review No. 2005-03, Minor Conditional Use Permit No.
2005-03 and categorical exemption for a property located at 2611 Crooked Greek Drive,
Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the
s.ubject Development Review, Minor Conditional Use Permit and categorical exemption
shall be referred to as the "Application."
2. On March 11 , 2005, notification of the public hearing for this project was provided in the �
San Gabriel Vallev Tribuh� and Inland Vallev Daily Bulletin newspapers. On March 4,
2005, public hearing notices were mailed to approximately 71 property owners within a
500-foot radius of the project site and the public notice was posted in three public
places. Furthermore, on March 10, 2005, the project site was posted with a display
board.
3. On March 22, 2005, the Planning Commission of the City of Diamond Bar conducted
and concluded a duly noticed public hearing on the Application.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the
City of Diamond Bar as follows:
1. This Plar�r�ing Comrnission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in this
Resolution is categorically exempt pursuant to Section 15301(e) of the California
1 .
Environmental Quality Act (CEQA} and guidelines promulgated thereunder.
Furthermore. the categorical exemption reflects the independent judgement of the Citv
of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and changes
and alterations which have been incorporated into and conditioned upon the proposed
project set for#h in the application, there is no evidence before this Planning Commission
that the project proposed herein will have the potential of an adverse effect on �vild life
resources or the habitat upon which the wildlife depends. Based upon substantial
evidence, this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning Commission
hereby fiinds as follows:
(a) The project relates to a site located at 2611 Highcrest Drive (Lot 44, Tract No.
25990). it is a rectangular lot of approximately 7,564 square feet. It is developed
with a one story single-family residence, constructed in 1963 with approximately
1 ,288 square feet of livable area and a two-car garage. The site also contains a
swimming pool and patio cover within the rear portion of the project site. The
swimming pool is under construction with the benefit of a construction permit.
Additionally, if the proposed addition is approved, the patio cover will be
removed.
(b) The project site has a General Plan land use designation of Low Medium Density
Residential (RLM) Maximum 5 DU/AC.
(c; The project site is,�vithin the Single-Family Residential-Minimum Lot Size 7,500
Square Feet (R-1-7,500) zone.
(d) Generaliy, the following zones and use surroi�nd the project site: to the north is
the R-1-7,500 zone and the Brea Canyon Channel; to the south and east is the
R-1-7,500 zone; and to the west is the Restricted Business (C-1) zone.
(e) The Application request is for approval to construct a one story addition of
approximately 1 ,160 square feet of livable area to an existing one story single-
family residence of approximately 1,288 square feet of livable area with a two-
car garage. The request also includes approval of a Minor Conditional Use
Permit in order to maintain the following legal non-conforming setbacks: five feet
for the proposed addition instead of the required five and ten foot side yard
setbacks; and separation of 12.5 and 14 feet between residences on adjoining
parcels instead of the required 15 feet.
Development Review
(f) 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
2
µ architectural criteri� �or special areas (e.g., theme areas, specific plans,
community plans, boiafevards or planned developments).
The project site is an existing lot developed with a sing/e-family residence finaled
in 1963 prior to the City of Diamond Bar's incorporation. According to the tract
� map, the projec� site is approximately 7,564 square feet. As such, it is
consistent with the General Plan land use designation of Low Medi�m Density
Residential(RML) Maximum 5 DU1AC and the proposed addition to the existing
residence will maintain the in�egrity and not degrade this residentiai area.
Additionally and as conditioned within this resolufron, the proposed addition is
consistent with the development standards for the RLM zoning district whrch
apply to fhe R-1-7,500 zone district for this project.
The proposed addition will maintain the required height fora residential structure -
and not exceed the maximum allowed/ot coverage. Furthermore, through the
Minor Conditiona/ Use Permit process for lega/ nonconforming setbacks as
discussed be/ow in the Minor Condifiona/ Use Permit findings, the proposed
project will seek to maintain the existing side yard setbacks and existing
separation between structures on adjoining parcels.
The proposed project is consistent with the City's Design Guidelines related to
maintaining the integrity of residentia/ neighborhoods and open space. The
existing architectural style (Gontemporary) and co/ors (earth tones) will be
maintained and are compatible with ofher residences in ihe surrounding
neighborhood. Additionally, the existing residence with the proposed addition is
comparable in size with other homes in the surrounding neighborhood.
(g j The design and layout of the proposed development will not interfere with the use '
and enjoyment of neighboring existing or fiuture development and will not create
traffic or pedestriari hazards.
' As referenced above in finding(f), the proposed project is an addition to a sing/e-
� family residence. Residences in the neighborhood range from 1,280 to 2,429
square feet of livable area. The subject residence has y,288 square fee# of
livable area. With the proposed addition of 1,160 square feet, the subject
residence will be approximately 2,448 square feef of livab/e area. Therefore, the
subject residence with the proposed addition will be com�arable in square
footage to other homes within the neighborhood.
The project site is large enough to accommodate the proposed addition to the
existing single-family residence. Additionally, the proposed project does not
change the current land use. As such, the existing residence with the proposed
addition is not expected to interfere with the use and enjoyment of neighboring
existing or future deve/opment. The proposed addition is not expected fo create
tratfic or pedestrian hazards due to that fact that�he singie-family residential use
. will be maintained. Additionally, Crooked Creek Drive adequately serves the
project site and was established to handle traffic created by this type of
development.
3
(h; The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain the harmonious,
orderiy and attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's General Plan,
or any applicable specific plan.
. The existing architectural style is typical 1960's Contemporary and wi11 remain.
However, modifications are proposed such as removing the existing wood siding
on the fronf fa�ade and replacing it with stucco and stone veneer accent, re-
roofing, reducing the number of posts af the front entry and changing the material
and colors. The following materia/s and colors are proposed:
Roof GAF Material Corp., Grand Sequoia Shingles- Weather Wood Blend
Stucco La Habra Stucco-X-278l�rabuco-dark tan
Trim. La Habra Stucco-X-81/Oatmeal-off-white
Stone Veneer Warnscof-2 ft. high on front fa�ade and entire chimney-light tan blend
Proposed colors and materials and alterations to fhe front fa�ade are compatible
with other hames wifhin the surrounding neighborhood. Since the architectura!
style will not change and the addifion wil/ be compatib/e with the surrounding
character of the neighborhood, the existing residence with the proposed addition
will be harmonious, orderly and attractive development contemplated by
Chapter 22.48.20 Deve/opment Review Standards, City Design Guidelines, the
City's General P/an as referenced in findings (f) and(g) above. There rs not an
applicable specific plan for the project area.
(i) The design of the proposed development will provide a desirabie environment for
its occupants and visiting public as well as its neighbors through good aesthetic
use of materials, t�exture, and coior that will remain aesthetically appealing and
will retain a reasonably adequate level of maintenance.
As referenced in the above Findings (f) through (h), rhe proposed project wrll
provide a desirable environment for its occupants and visiting pubiic as well as ifs
neighbors by maintaining good aesfhetic use of materials, texture and color that
wrll remain aesthetically appealing while offering variety in color and texture
related to stucco and sfone accent and a low level of maintenance.
(j� The proposed development will not be detrimental to public health, safety or
welfare or materiafly ir�jurious (e.g., negative affect on property values or
resale(s) ofi property) to the properties or improvements in the vicinity; and
Before the issuance of any City permifs, the proposed project is required to
comply with all condifions within the approved reso/ution and fhe Building and
Safety Division, Public Works Division, and Fire Department requrrements. The
referenced agencies through the permit and inspection process wil/ensure fhaf
the proposed project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
4
• (k) The proposed project has been reviewed in compliance with the provisions of the
California Enviranmental Quality Act (CEQA);
Pursuant to the provisions of the Californra Environmental Quality Acf (CEQAJ,
. Section 15301(e), the City has determined that the project identified above in this
Resalution is categorically exempt. Furthermore, the categorical exemption
reflects the independent judgement of the City of Diamond Bar.
MINOR CONDITIONAL USE PERMIT
(I) The proposed use is allowed within the subject zoning district with the applicable
provisions of the Development Code and the Municipal Code;
As stated in Findings (f), (g)and(h) above, the proposed addition to an existing
sing/e-family residence is allowed within the R-1-7,500 zoning districi and
complies with al!applicable Deve/opment Code standards for that zoning district
except for rhe /egal nonconforming side yard setbacks and separation between
residential structures on adjacent properties. The existing /egat nonconforming
setbacks and separation between residentia/structures on adjacent properties
can be allowed with the appropriate findings fhrough the Minor Conditional Use
Permit process.
Pursuant to Deve/opment Code Section 22.68.030 (a)and(b) —Restrictions on
Nonconforming Structures, a structure shal/ be deemed nonconforming if the
structure fails to conform to the building enve/ope regu/ations(e.g., lot coverage,
height, or set6ack requirements}as specified for each zoning district. In additron,
this Code section specifies that an addition, en/argement, extension,
reconstruction, relocation, or structural alteration of a lega/ non-conforming �
structure may be allowed with approva/of a Minor Conditional Use Permit with
findings specified in Code Section 22.56.040. Findings specified in Section
22.68.030 for legal nancvnforming structures must a/so be made. Furthermore,
Section 22.68.030 requires that the exterior limits of new construction do not
exceed the appticable height limit or�encroach further info the setbacks than the
comparable portion of the existing structure (follow the deve/opment line of the
existing structure);however, if the existing side yard setback is less than five feet,
the exterior limits of new construction shall maintain a minimum five foof side
yard setback.
Pursuant to Tabte 2-4 of Development Code Section 22.08.040, the required side
yard setbacks for the RLM zoning district are five and ten feet with a 15 foot
separation between residential structures on adjoining properties. The existing
residence af the project site has side yard setbacks of five feet with a 12.5 and
� 14 foot separation befween residential structures on adjoining properties. The
side yard setbacks which were lega/ under Los Angeles County's jurisdicfion
� when the residence was constructed are now cor�sidered legal nonconforming.
Additionally, Los Ange/es County did not have a required separation betwe�n
residential strucfures on adjoining properties. The proposed addifion will
maintain the existing side yard setbacks and existing separation between
5
residential structures on adjoining properties. It will a/so follow the development �
line of the existing residence and will not exceed the maximum heighf or lof
coverage allowed in the RLM zonrng district.
Statf believes that approving fhe Minor Canditional Use Permit as described
above for the proposed addition is appropriate and compati6le witn other
residences in the neighborhood because:
(1) The five foot side yard setback occurs mosf frequently in this neighbor-
hood and fhe proposed addition will stil/maintained the required minimum
and existing legal nonconforming five foot side yard sefback as specified in
Development Code Section 22.68.030 — Restrictrons on Nonconforming
Structures;
(2) The existing lega/nonconforming separation between residentia!structures
on adjoining properties will be maintained with the proposed addition.
i 3) Residences range from 1,280 to 2,429 square feet. The project site is
developed with one of smallest residence (1,28& square feef) in the
neighborhood. Even with the proposed addition, the residence will still be
comparable in square footage to others in the neighborhood.
(4� The proposed project is consistent with the Genera/ P/an because it is
compatible with the prevailing character of the surrounding neighborhood
with regard to setbacks, separation between residential structures on
adjoining parcels, height, lot coverage, architectura/ style, colors and
materials.
(5) Considering,the width of the project site and the placemer,t of the residence
on the site, a one story addition could only occur within the rear portion of
the project site. A second story additron could be considered but due to the
project site's width and existing setbacks, a second story addition would not
relafe in scale to the project site or adjacent residences.
(6; By maintaining the existing setbacks and separation between residential
structures on adjoining lots which is consistent with the rest of the
neighborhood and keeping the proposed addition in scale with the project
site and the rest of the neighborhood, the proposed projecf will increase the
value of the subject residence and other residences in the neighborhood.
(m) The proposed use is consistent with the General Plan and any applicable specific
plan;
� As stated in Finding (f) above, the proposed addition is consistent with the
General Plan and there is not appiicable specific plan.
(n) The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity;
6
. . .
As stated in Findings (f), (g, (h), (i) and (I) above, the design, location, size and
operaring characterisfics af the proposed addition are compatible with the
existing and future land uses in the vicinity;
(o) The subject site is physically suitable for the type and density/intensity of use
being propased incl�,ding access, provision of utilities, compatibility with adjoining
. land uses, and the absence of physical constraints;
As stated in findings (f), (g, (h), (i) and (/) above, the project site is physically
suitable for the type and density/intensity of proposed addition inc/uding access,
provision of utilities, compatibility with adjoining land uses, and the absence of
physica/constraints;
(p) Granting the Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, injurious #o persons, property, or improvements in the
vicinity and zoning district in which the property is located; and
Soils report, Fire Department requirements and approval, structural plan check,
City permits and inspecfions are required for construction. T(�ese processes will
ensure that the finished project will not be detrimenta/ to the pub/ic interest,
health, safety, injurious to persons, property, or improvements i» the vicinity and
zoning distrrct in which the property is located
. (q) The praposed project has been reviewed in compliance with the provisions of the
Califorr�ia Environmental Quality Act (CEQA).
Pursuant to the provisions of ihe California Environmental Quality Acf (CEQA), -
Section 15301(e),•t�e City has determined that the projecf identified above in this
. Resolution is caiegorically exempt. Furthermore, the categorical exemption
reflects the independent judgement of fhe City of Diamond Bar.
NONCONFORMING The proposed addition will not result in the structure becon�ing:
(r) Incompatible with other structures in the neighborhood.
Residences in the neighborhood range from 1,280 to 2,429 square feet of livable
area. The subject residence has 1,288 square feet of livable area. With the
proposed addition of 1, 16Q square feet, the subjecf residence wil/ be
approximately2,448 square feet of livab/e area. Therefore, the subject residence
with the proposed addition will be comparab/e in square footage to other home
within the neighborhood.
The existing architectural styte is typica/ 1960's Contemporary and will remain.
However, modifications are proposed such as removing the existing woodsiding
on the front farade and replacing it with stucco and stone veneer accent, re-
roofing, reducing the number of posts at the front entry and changing the materia!
and colors. Even with these minor modifications; the existing sing/e-family
7
a . ,
residence with the proposed addition will be compatib/e with other residences in y
the neiphborhood.
The exrsting resrdence at the project site has side yard setbacks of five feet wifh
a 12.5 and 14 foof separation between residential structures on adjorning
properties. The side yard set6acks which were legal underLas Angeles County's
jurisdi�ction when the residence was constructed are now considered Iega1
nonconforming. Additionally, Los Angeles County did not have a requrred
separation between residential structures on adjoining properties. The proposed
addrfion will maintain the existing side yard setbacks and exisfing separation
between residential structures on adjoining properties. It will aiso follow the
development line of the existing residence and will not exceed the maximum
height or lot coverage allowed in the RLM zoning district. By maintaining the
existing setbacks and separation between residentia/structures on adjoining lots
which is consistent wifh the rest of the neighborhood and keeping the proposed
addition in scale with the project site and the rest of the neighborhood, the
proposed project will increase fhe value of the subject residence and other
residences in the neighborhood. Therefore, the existing single-family residence
with the proposed addifion is compatible with the prevailing character of the
surrounding neighborhood with regard to setbacks, separation between
residentia/ structures on adjoining parce/s, height, lot coverage, architectural
style, colors and materials and will not result in Incompatibility with other single-
family residences in the neighborhoad.
(s) Inconsistent with the General Plan or any applicable specific plan.
The project site is an existing lot developed with a sing/e-family residence finaled
in 1963 prior to the City of Diamond Bar's incorporation. According to the tracf
map, the project. site is approximately 7,564 square feet. As such, it is
consistent with the General Plan land use designation of Low Medium Density
Residential (RML) Maximum 5 DU/AC and the proposed addition to the existing
residence will maintain the integrity and not degrade this residential area.
Additionally and as conditioned within this resolution, the proposed addition is
consistent with the development standards for the RLM zoning drstrict which
apply to the R-1-7,500 zone district for this project.
(t) A restriction to the eventual/future compliance with applicable regulations of this
Development Code.
Approval of the Minor Conditional Use Permit, whrch wi!l permit the continuation
of a lega/ nonconforming side yard setbacks wil! not resu/t in restrictrng future
complrance with the applicable Diamond Bar Deve/opment Code regulations due
to specrfic issues addressed in findings (!j and (r) above .
(u) Detrimental to the health, safety and generaf welfare of persons residing in the
neighborhood.
8
� . �
' Based on finding mentioned above and conditions of approval, the proposed
addition and other minor improvements will not be detrimental �to �the health.
safety and general welfare of persons residing in the neighbarhood.
(v) Detrimentaf and/or injurious to property and improvements in the neighborhood.
Based on finding mentioned above and conditions of approval, the proposed
addition and otherminor improvements will nof be detrimental and/or injurious to
property and improvements in the neighborhood
5. Based on the findings and conclusions set forth above, the Planning Commission
hereby approves the Application subject to the following conditions:
(a) The project shall substantially conform to site plan, floor plan, elevations and
co�ors/materials collectively labeled as Exhibit "A" dated March 22, 2005, as
submitted and approved by the Planning Commission, and as amended herein.
(b) The site sha.11 be maintained in a condition, which is free of debris both during
and after�the construction, addition, or implementation of the entitlement granted
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 firom residential,
cammercial, constructian, and industrial areas witriin the City. It shall be �the
applicant's obligation to insure that the waste contractor utilized has obtained
permits from the City of Diamond Bar to provide such services.
(c) Prior to the issuance of any City permits, the applicant shall submit a final -
landscape/irrigatiora plan for the City's review and approval. Said plan shall
delineate the replacement of landscaping and irrigation destroyed during
construction. Prior to final inspection or Certificate of Occupancy, it. will be
required that front yard landscaping/irrigation destroyed during construction be
instailed.
(d) Prior to construction, the applicant shall install temporary construction fencing
pursuant to the building and Safety Division's requirements along the project
perimeter.
(e) Wet bar in master bedroom shall not contain any kitchen facilities (i.e., cooking
stove with or without an oven; kitchen sink, cabinets and app�rtenant plumbing;
convection ovens; and all appurtenances related to a kitchen).
(f) The proposed addition shall maintain a minimum side yard setback of �five feet
and a minimum separation distance between residential structures on adjoining
properties of 14 feet to the north and 12.5 feet to the south.
(g)- Prior to the issuance of any City permits, the applicant shall submit an erosion
control pfan. Erosion control measures shall be in place for construction starting
after October 1 through April 15.
. 9
I
(hj Before the issuance of any City permits, the applicant shali submit an erosion
control plan for the City's review and approvai. The erosion control plan shall
conform to National Pollutant Discharge E(imination Svstem (NPDES) standards
and incorporate the appropriate Best Management Practices (BMP's) during and
afterconstruction. Additionally, the applicant shall obtain the necessary NPDES
permits.
(i i Applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City engineer. Best
Management Practices (BMP's) are required to be incorporated into the project
plans for both construction and post construction activities. BMP's are detailed in
the latest edition of the California Storm Water Best Management Practices
Handbook or BMP's Fact Sheets can be obtained through the Public Works
Division.
(j) Prior to the issuance of any City permits, the applicant shall submit a dra.inage
pfan for the City's review and approval. All drainage/runoff from the subject
property shall be conveyed from the site to the natural drainage course. No on-
site drainage shall be conveyed to adjacent parcels. Surface water shall drain
away from the building at a two percent minimum slope.
(k) The single-family residence shall not be u�tilized in a manner that
creates adverse effiects (i.e., significant levels of dust, glare/light, noise, odor,
traffic, or other disturbances) upon the neigriborhood and environmental setting.
Additionally, the single-family residence shall not result in significantly adverse
- effects on public services or resources. No portion of the residence shall be
rented, used for commercial/institutional purposes, or otherwise utilized as a
separate dwelling, ,The property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the neighborhood.
(!1 Prior to the issuance of any City permits, the Applicant shall complete and record
a "Covenant and Agreement to Maintain a Single-Family Residence"on a form to
� be provided by the City. The covenant shall be completed and recorded with the
Los Angeles County Recorders Office.
(m) Fpr plan check submittal, the applicant shall submit drawings and calculations
prepared by a licensed architect/engineer with wet stamp and signature.
(n) The proposed residence shall comply with the State Energy Conservation
Standards.
(o} Prior to �the issuance of any construction permits, the applicant shall submit
� construction plans to the Los Angeles County Fire Department far review and
approval and to determine the fire zone for the project site.
(p) If the project site is located within "high fire zone", the proposed project shali
meet the following requiremenis of said zone:
10
� , .
` (1) All roof coverir_ shall be "Fire Retardant." Tile roof shall be fire stopped at
the eaves to preclude entry of the flame or members under the fire.
(2) All ianenclosed under-floor areas shall be constructed as exterior walls.
(3) All openings inta 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 1l2 inch in dimension except where such openings are equipped with
sash or door.
� (4) Chimneys shall have spark arrests of maximum 1/2 inch screen.
(q) Construction plans shall be engineered to meet wind loads of 80 M.P.H. wi�th a
"C" exposure.
(r) Plans shall conform to State and Local Building Code (i.e.,2001 Uniform Building
Code, Uniform Plumbing Code, Uriiform Mechanical Code, and the 2001 National
Electrical Code) requirements.
(s) All new bedrooms and haliways leading to sleeping areas shall have hard wired
smoke detectors with battery back-up.
� (t) Kitchen and bathroom lights shall be ffuorescent.
(u) Prior to plan check submittal, the applicant shall verify the distance between the
new addition and swimming pool under construction. Adequate distance
between the addition and swimming pool must be maintained to avoid surcharge
into the swimming pool walls.
.-- (v) This grant is valid for two years and shall be exercised (i.e., construction started)
within that period or this grant shall expire. A one-year extension of time may be -
approved when suqmitted to the City in writing at least 60 days prior to the
expiration date. The Planning Commission will consider the extension request at
a duly noticed pi�blic hearing in aceordance with Chapter 22.72 of the City of
. Diamond Bar Development Code.
(w) Tf�is grant shall not be effective for any purpose urrtil the permittee and owner of
the property involved (if ather than the permittee) have filed, within fiifteen (30)
days of approval of this grant, at the City of Diamond Bar Corrimunity and
Development Services Department, their affidavit stating that they are aware of
and agree to accept all the conditions of this grant. Further, this grant shall not
be effec#ive until the permittes pays remaining City processing fees, school fees
and fees far the review of submitted reports.
(x) If the Department of Fish and Game determines that Fish and Game Code
Section 711.4 applies to the approval of this project,then the applicant shall remit
to the City, within five days of this grant's approval, a cashier's check of $25.00
for a documentary handling fee in connection with Fish and Game Code
req��irements. Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any si�ch fee and
any fine which �the Department determines to be owed.
11
� c t
The Planning Commission shall:
(aj Certify to the adoption of this Resolution; and
(b} Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. and
Mrs. Timothy Keck, 2611 Crooked Creek Drive, Diamond Bar, CA 91765 and Mr.
Mike Mo, 317 W. Main Street, #202, Alhambra, CA 91801
APPROVED AND ADOP"fED THIS 22ND DAYOF MARCH 2O05, BYTHE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
I, James DeStefano, Planning Comrriission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a
regular meeting of the Planning Commission held on the 22nd day of March 2005, by the following vote:
AYES , ,
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Secretary
12
� � �
!
RECORDING REQI.IEST BY: �
City of Diamond Bar
WHEN RECORDED MAiL TO:
�City of Diamond Bar
21825 Copley Drive,
Diamond Bar, CA 91765
Space Above Line For Recorder's Use Oniy
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIQENCE
DEVELOPNIENT REVIEW N0. 2005-03
and
MINOR CONDITIONAL USE PERMIT NO. 2005-03
The undersigned hereby certify that Timothv and Katherine Keck is/are the
owner(s) af the hereinafter described real property located at 2611 Crooked Creek Drive
in the City of Diamond Bar, County of Los Angeles, State of California, commonly
known as: �
Legally described as Lot 44 of Tract No. 25990
Assessor's Boak and Parcel Number APN 8285-011-020
And, I/we do hereby covenant and agree for ourselves, heirs, assigns,
transferees and successors, with�t�ie City of Diamond Bar (hereinafter "City") that the
above described property shall be used/maintained for single family residential
purposes only.
This covenant and agreement shall run with �the land and shall be binding upon
ourselves, future awners, their heirs, and suc�essors and assignees and shall corrtinue
in effect uritil and unless approved o�therwise by the City of Diamond Bar is speciiically
intended that the benefiits and burdens of this covenant run with the land.
If the City is required to bring legal action to enforce this covenant, then the city
shall be entitled to its attorney fees and court costs.
. By
By
• , _,
�
DATED:
STATE OF CALIFORNIA )
COLINTY OF LUS ANGELES )
On this day of , 2005 before me the undersigned Notary
Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the witfiin ins�trument and
acknowledged to me that executed �the same in authorized
capacity(ies), and that by signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
„
Notary Public in and for said State
Y � �' •
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!
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOIVD BAR )
On March 22, 2005, at 7:00 P.M.,the Diamond Bar Planning Commission will hold a
regular meeting at the South Coast Quality Management District/Government Center
Auditorium, 21865 Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
I, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On March 17, 2005, I posted a copy of
the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held
on March 22, 2005, at the following locations:
South Coast Quality Management Heritage Park
District Auditorium 2900 Brea Canyon Road
21$65 East Copley Drive Diamond Bar, CA 91765
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 17, 2005, at Diamond Bar, California.
..�
'`�� ,� ...
�-_.... �-
Stella Marquez
Community and Development Services Department
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PL. LWE E— - - 1020 E,.Farel Ave.- - � e ". - . 2) Contrac�or mus� veri/y
� complionce wilh ALL LOCAL
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$��� � STREET CENTERLINE ----
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GD. LWE
"� 12-14-04
PLOT PLAN
s�are: ��a---r-o° � N PROJECT
Ms.J.Medina
1020 E.Farel Ave.
SOUTH i?� KEY TO ADDITION Diamond Bar,Ca.91748
SCALE:I/4"=1'-0" � �= EXISTING DWELLING (909)549-1960
KEY TO ADDITION �= New AooirioN
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0 = NEW ADDlT/ON �= PLANTEIZ
EXH(BIT"A"
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1020 FAREL AVP.NUH J O�'t�
MARCH 22,2005
TITLE
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INSRALLATION�E USE 5F1ALL BE IN
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P� �iNE DATE REV.
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12-14-04
F�. uNe \,
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G.I.N/EEP SCREED I"STUCCO FINI511
`° wi sTucco wi� Ms.J.Medina
OVER I 5#FELT.
1020 E.Farel Ave.
Diamond Bar,Ca.9174
(909)549-1960
E A S T Lr SCALE: 1/4"=1,_0"
scac.E:�ia��-t�-o�� � DRAWN SHEET#
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TITLE
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14,_6„ 15,3„ 20'-3„
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�OWNEY.(A 90240
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sreP JOB # DATE
12-14-04
PROJECT
Ms.J.Medina
1020 E.Farel Ave.
Diamond Bar,Ca.91748
FIRST FLOOR PLAN �N (909)549-1960
Scale: 1/4"=1'-0"
SCALE: 1/4"=1'-0„
DRAWN SHEET#
MN s ��f 4
TITLE
35'-6"
14,6„ �5,3" 20,-3��
10,_2,� 1�,_2„
o (E)TRELLIS -
b o �
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8050 E FLORENCE AVE.,SUITE N210
Z,_9„ �,_�,° 6,_�„ 3,_0„ 5•-2„ 1a,_�„ 5,_Z„ oowNev,cAeozso
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10'-4" 39,_9„ .���f. ��;�ra��wi,�zn�-
50'-1"
JOB # DATE
12-14-04
PRO.JECT
Ms.J.Medina
1020 E.Farel Ave.
Diamond Bar,Ca.91748
SECOND FLOOR PLAN �N (909)549-1960
Scale: 1/4„=1,_0"
SCAL.E: l/4"=1'-0"
DRAWN SKEET#
MN 4 of 4
KEN'SDESIGNS a°"" SPECIFICATIONS
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