HomeMy WebLinkAboutRES 2024-03PLANNING COMMISSION
RESOLUTION NO. 2024-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2023-66 TO REMODEL AND
ADD 1,646 SQUARE FEET OF FIRST AND SECOND FLOOR LIVING AREA AND
92 SQUARE FEET OF BALCONY SPACE TO AN EXISTING 1,884 SQUARE -FOOT, TWO-
STORY, SINGLE-FAMILY RESIDENCE, AND TO LEGALIZE AN EXISTING 118 SQUARE -
FOOT GAZEBO, LOCATED AT 915 PANTERA DRIVE, DIAMOND BAR, CA 91765
(APN 8701-044-014).
A. RECITALS
1. The property owner, Luc Le, and applicant, Walt Patroske, have filed an
application for Development Review No. PL2023-66 to remodel and add
1,646 square feet of first and second floor living area and 92 square feet of
balcony space to an existing 1,884 square -foot, two-story, single-family
residence, and to legalize an existing 118 square -foot gazebo, located at
915 Pantera Drive, Diamond Bar, County of Los Angeles, California. Hereinafter
in this Resolution, the subject Development Review shall be referred to as the
"Proposed Project."
2. The subject property is made up of one parcel totaling 9,305 gross square feet.
It is located in the Low Density (RL) zone with an underlying General Plan land
use designation of Low Density Residential,
3. The legal description of the subject property is Lot 12 of Tract No. 42576. The
Assessor's Parcel Number is 8701-044-014.
4. On February 2, 2024, public hearing notices were mailed to property owners
within a 1,000-foot radius of the project site. On February 2, 2024, the notice was
published in the San Gabriel Valley Tribune newspaper. A notice display board
was posted at the site, and a copy of the notice was posted at the City's
designated community posting sites.
5. On February 13, 2024, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct; and
The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19 under Section 15301(e)(additions to
existing structures) of the CEQA Guidelines. Therefore, no further environmental
review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar City Code (DBCC) Section 22.48, this Planning Commission hereby finds
as follows:
Development Review Findings (DBCC Section 22.48.040)
1. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
The design of the Project is consistent with the applicable elements of the City's
General Plan, City Design Guidelines and development standards. The City's
General Plan Policy LU-P-56 requires that development on privately -owned,
residentially designated land in hillside areas shall be compatible with the
surrounding natural areas promoting design principles such as minimizing
grading, preserving existing vistas, incorporate site and architectural design that
is sensitive to the hillsides, and require fuel modification.
The property is located on top of a hill, overlooking a slope that starts descending
at the rear (northwest) property line. Despite its hillside location, the property is
relatively flat as it was previously graded to accommodate the existing house,
driveway and yard areas. No grading is required forthe proposed addition beyond
minimal excavation for footings and foundation placements.
The proposed two-story addition would extend the building footprint towards the
rear and sides of the property while maintaining a minimum 20-foot rear yard
setback. A gradual transition between the project and adjacent uses is achieved
through appropriate setbacks, building height, and window and door placement.
The proposed project complies with all development standards of the Low
Residential zoning district by complying with all current development standards
such as required setbacks, building height, and lot coverage. The project site is
not part of any theme area, specific plan, community plan, boulevard or planned
development.
2. The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future developments, and will not create
traffic or pedestrian hazards;
The proposed project will not interfere with the use and enjoyment of neighboring
existing or future developments because the use of the project site is designed
for a single-family home and the surrounding uses are also single-family homes.
The residence as proposed maintains all required setback and distances from
neighboring residences and is not expected to impact uses or privacy of
neighboring lots.
The proposed project will not interfere with vehicular or pedestrian movements,
such as access or other functional requirements of a single-family home because
it is located in the rear of the property, does not impact driveway or public rights -
of -way, and maintains the required off-street parking space requirement.
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PC RESO 2024-07
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain and enhance the
harmonious, orderly and attractive development contemplated by Chapter 22.48:
Development Review Standards, the City's Design Guidelines, the City's General
Plan, or any applicable specific plan;
The City's General Plan Policy LU-P-56 requires that residential development be
compatible with the prevailing character of the surrounding neighborhood in
terms of building scale, density, massing, and design. The City's General Plan
Goal CC-G4 also requires the preservation of the scale and character of existing
residential neighborhoods and ensure sensitive transitions between densities
and uses. The City's Design Guidelines Architecture (1) requires compatibility
with the surrounding character including harmonious building style, form, size,
color, material and roofline.
The remodeled residence with the proposed addition will be similar in mass and
scale compared to other existing two-story homes on adjacent lots. The scale
and proportions of the proposed addition is well-balanced and appropriate for the
site. The additional height of the residence will not block any views to adjacent
properties. The project will not negatively impact the look and character of the
neighborhood.
The addition incorporates features of the existing residence's
craftsman/bungalow architectural style and will be compatible with other
neighboring residences. The addition is also designed to be compatible with the
existing homes in the neighborhood in terms of mass and scale. The proposed
addition achieves compatibility due to its height, location and design elements.
The proposed addition will be located at the rear of the existing residence, and
with a lowered roof line that is designed to be minimally visible from the street.
This reduces the overall massing of the building as seen from the street,
preserving the residential character and scale of the neighborhood. The proposed
addition would be more visible from the side and rear of the lot. However, the
addition is designed to avoid large blank expanses of wall surfaces, which
generally creates a perception of mass. Instead, the design integrates wall
projections, recesses, cantilevered walls, varying roof heights, window
placements, and projecting balcony spaces that provide added visual interest.
These design elements create visual breaks to reduce massing while integrating
the addition into the existing residence.
In summary, the proposed project fits the scale and architectural character of the
existing neighborhood.
4. The design of the proposed development will provide a desirable environment for
its occupants and visiting public as well as its neighbors through good aesthetic
use of materials, texture, color, and will remain aesthetically appealing;
The residence is a 1980s tract home with craftsman/bungalow features. The
residence has a 5:12 pitch combination gable/hip-style concrete the roof with
varying roof heights, eaves sizes, and a painted wood fascia. The exterior facade
consists of horizontal wood siding, textured stucco, and decorative windows and
vents.
'3 PC RESO 2024-03
The proposed remodel and addition maintain consistency with the existing
architectural style. The addition incorporates the 5.12 pitch gable -style, concrete
the roof with matching roof eaves and fascia. The existing wood siding would be
removed and replaced with textured stucco. Stacked stone veneer will be added
to the front elevation to provide added visual interest. Matching windows and
vents are also incorporated into the design. The height of the remodeled
residence is approximately 29 feet, a two -foot increase from the existing 27400t
building height.
Overall, the residence maintains an aesthetically appealing uniform design and
creates a desirable living environment.
5. The proposed development will not be detrimental to public health, safety or
welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) to the properties or improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building and
Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will ensure
that the proposed project is not detrimental to the public health, safety or welfare
or materially injurious to the properties or improvements in the vicinity.
6. The proposed project has been reviewed incompliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) asset forth under Article 19 Section 15301(e)
(additions to existing structures) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing.
2. Standard Conditions. The applicant shall comply with the standard development
conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to
the property owner, Luc Le, 915 Pantera Drive, Diamond Bar, CA 91765;
and applicant, Walt Patroske, 2132 S. Grove Avenue, Unit F, Ontario, CA
91761,
4 PC RESO 2024-03
APPROVED AND ADOPTED THIS 13TH DAY OF FEBRUARY 2024, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
William Rawlings, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 13th day of February 2024, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST: uy ."
Greg GubmhfOSecretary
Barlas, Garg, V/C Torres, Chair/Rawlings
None
Wolfe
None
rJ PL2023-66
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2023-66
SUBJECT:
PROPERTY
OWNER: Luc Le 915 Pantera Drive Diamond Bar CA 91765
APPLICANT: Walt Patroske 2132 S. Grove Avenue Unit F Ontario CA 91761
LOCATION: 915 Pantera Drive Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set -aside, void or annul, the approval of Development Review
No. PL2023-66 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys' fees, incurred in defense of such claims.
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PC RESOLUTION NO. 2024-XX
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. The City shall promptly notify the applicant of
any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. PL2023-66, at the City of
Diamond Bar Community Development Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this
approval. Further, this approval shall not be effective until the applicants
pay remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business License; and a zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2024-03, Standard
Conditions, and all conditions of approval shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in
the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use
has commenced, whichever comes first.
7 PC RESO 2024-03
10. The hours during which construction activities causing the operation of any
tools or equipment used in construction, drilling, repair, alteration, or
demolition work are limited to Monday through Saturday, between the
hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on
Sundays or holidays.
11. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
12. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions and the Public Works Department,
13. Prior to issuance of building permits, the applicant shall record, and
provide the City with a conformed recorded copy of, a Covenant and
Agreement or similar document in a form approved by the City Attorney,
which restricts the rental of rooms or other portions of the property under
two or more separate agreements and prohibits use of the property as a
boarding or rooming house, except to the extent otherwise permitted by
the Diamond Bar City Code or applicable state or federal law.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Division and Public Works Department) at
the established rates, prior to issuance of building or grading permit
(whichever comes first), as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and
processing fees prior to issuance of grading or building permit, whichever
comes first.
Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The
approval of
Development
Review No.
PL2023-66 expires
within
two years
from the date
of approval
if the use has not
been
exercised
as defined
per Diamond
Bar City Code
(DBCC) Section 22.66.050 (b)(1). In accordance with DBCC
Section 22.60.050(c), the applicant may request, in writing, aone-year
time extension for Planning Commission consideration. Such a request
must be submitted to the Planning Division prior to the expiration date and
be accompanied by the review fee in accordance with the fee schedule in
effect at the time of submittal.
D. SITE DEVELOPMENT
1. This approval is to remodel and add 1,646 square feet of first and second
floor living area and 92 square feet of balcony space to an existing
8 PC RESO 2024-03
1,884 square -foot, two-story, single-family residence, and to legalize an
existing 118 square -foot gazebo, located at 915 Pantera Drive, as
described in the staff report and depicted on the approved plans on file
with the Planning Division, subject to the conditions listed below.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below. If
the plan check submittal is not in substantial compliance with the approved
Development Review submittal, the plans may require further staff review
and re -notification of the surrounding property owners, which may delay
the project and entail additional fees.
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when
work for any phase of the project has been completed. The applicant shall
inform the Planning Division and schedule an appointment for such an
inspection.
4. The above conditions shall run with the land and shall be binding upon all
future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed
as a condition of the approval shall constitute a violation of the City's
Development Code. Violations may be enforced in accordance with the
provisions of the Development Code,
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to obtain
a building final and/or a certificate of occupancy until full compliance is
reached. The City's requirement for full compliance may require minor
corrections and/or complete demolition of a non -compliant improvement,
regardless of costs incurred where the project does not comply with design
requirements and approvals that the applicant agreed to when permits
were pulled to construct the project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, on file with the Planning
Division, the conditions contained herein, and the Development Code
regulations.
7. All ground -mounted utility appurtenances such as transformers, air
cononing condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the
Planning Division.
8. All roof -mounted equipment shall be screened from public view.
g PC RESO 2024-03
All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
10. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or replaced
upon project completion.
E. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
ensure that the waste contractor used has obtained permits from the City
of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7043, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Prior to issuance of the building permit, the applicant shall prepare and
submit an Erosion Control Plan for this project. This plan shall clearly
indicate the existing/proposed drainage flow patterns, illustrate the use of
best management practices (BMPs), and also incorporate the City's
Drainage Notes and Stormwater BMP Certification form. This plan will be
required to be included as a part of the building plan submittal. Public
Works review and approval of the plan is required.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
Plans and construction shall conform to current State and Local Building
Code (i.e., 2022 California Building Code series will apply) requirements
and all other applicable construction codes, ordinances and regulations
in effect at the time of permit issuance.
1 0 PC RESO 2024-03
2. Implementation of the CAL Green Code shall be reflected on the plans,
and certification shall be by a third party as required by the Building
Division. Specific water, waste, low VOC, and related conservation
measures shall be shown on plans. Construction shall conform to the
current CAL Green Code,
Plan Check — Items to be addressed prior to plan approval:
1. The minimum design load for wind in this area is 110 M.P.H. exposures
"C" and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
2. This project shall comply with the energy conservation requirements of
the State of California Energy Commission. All lighting shall be high
efficacy or equivalent per the current California Energy Code 119 and
150(k).
Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(o),
4. This project shall comply with the energy conservation requirements of
the State of California Energy Commission. All lighting shall be high
efficacy or equivalent per the current California Energy Code 140.6 to
140.9.
5. All balconies shall be designed for 1.5 times the live load for the area
served per CBC Table 1607.1 and provide ventilation in the joist space
per CBC 2304.12.2.6,
6. All easements shall be shown on the site plan.
7. Light and ventilation shall comply with CBC 1203 and 1205.
Permit — Items required prior to building permit issuance:
8. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar City Code 8.16 of Title 8.
The contractor shall complete all required forms and pay applicable
deposits prior to permit.
9. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
10. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
11 PC RESO 2024-03
11. All workers on the job shall be covered by workers' compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
Construction — Conditions required during construction:
12. Every permit issued by the Building Official under the provisions of this
Code shall expire and become null and void unless the work authorized
by such permit is commenced within one year after permit issuance, and
if a successful inspection has not been obtained from the Building Official
within one -hundred -eighty (180) days from the date of permit issuance or
the last successful inspection. A successful inspection shall mean a
documented passed inspection by the city building inspector as outlined
in Section 110.6.
13. All structures and property shall be maintained in a safe and clean
manner during construction. The property shall be free of debris, trash,
and weeds.
14. Existing fencing shall remain in -place during construction including pool
barrier fencing. Any alteration of the fencing may result in a
discontinuation of construction until the fences are returned to its original
state.
15. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
16. The project shall be protected by a construction fence to the satisfaction
of the Building Official, and shall comply with the NPDES & BMP
requirements (sand bags, etc.). All fencing shall be view obstructing with
opaque surfaces.
17. The applicant shall contact Dig Alert and have underground utility
locations marked by the utility companies prior to any excavation.
Contact Dig Alert by dialing 811 or their website at wwwAigalert.om.
18. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
19. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
20. Pursuant
to California
Residential
Code (CRC)
Section R315, carbon
monoxide
detectors
are
required in
halls leading
to sleeping rooms.
21. Drainage patterns shall match the approved grading/drainage plan from
the Public Works/Engineering Department. Surface water shall drain
away from the building at a 2% minimum slope. The final as -built
12 PC RE50 2024-03
conditions shall match the grading/drainage plan or otherwise approved
as -built grading/drainage plan.
22. Decks, roofs, and other flat surfaces shall slope at least 1/4"/ft with
approved and listed water proofing material. Guardrails shall be provided
for these surfaces at least 42" minimum in height, 4" maximum spacing
between rails, and capable of resisting at least 20 pounds per lineal foot
of lateral load.
23. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
24. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.81
END
13 PC RESO 2024-03