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HomeMy WebLinkAboutRES 2025-03ADMINISTRATIVE REVIEW RESOLUTION NO. 2025-03 A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING PLOT PLAN AND MINOR CONDITIONAL USE PERMIT NO. PL2024-78 TO CONSTRUCT A 693 SQUARE -FOOT TWO- STORY ADDITION, 59 SQUARE -FOOT FRONT PORCH, 332 SQUARE -FOOT BALCONY, AND EXTERIOR REMODEL TO AN EXISTING 2,535 SQUARE - FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE ON A 0.20 GROSS ACRE (81843 GROSS SQUARE -FOOT) LOT. A MINOR CONDITIONAL USE PERMIT IS REQUESTED TO CONTINUE A NONCONFORMING SIDE SETBACK OF 4'- 11" AT THE NORTH PROPERTY LINE (WHERE 10 FEET IS REQUIRED), 91 - 11" DISTANCE TO THE STRUCTURE ON THE ADJACENT PROPERTY TO THE NORTH AND A 13'-9" DISTANCE TO THE STRUCTURE ON THE ADJACENT PROPERTY TO THE SOUTH (WHERE 15 FEET IS REQUIRED) AT 1134 HEDGEWOOD PLACE, DIAMOND BAR, CA 91765 (APN 8701-034- 018). A. RECITALS 1. The property owner, Steve Geil, and applicant, Dennis Pagoulatos, have filed an application for Plot Plan and Minor Conditional Use Permit No. PL2024-78 to construct a 693 square -foot two-story addition, 59 square -foot front porch, 332 square -foot balcony, and exterior remodel to an existing 2,535 square -foot, two-story, single-family residence located at 1134 Hedgewood Place, Diamond Bar, County of Los Angeles, California. 2. The following approvals are requested from the Hearing Officer: (a) Plot Plan to construct a 693 square -foot two-story addition, 59 square - foot front porch, 332 square -foot balcony, and an exterior remodel to an existing 2,535 square -foot, two-story, single-family residence; and (b) Minor Conditional Use Permit to continue a non -conforming side setback of 4'-11" at the north property line (where 10 feet is required) and non -conforming distances to structures on adjoining parcels with a 9'-11" distance to the structure on the adjacent property to the north and a 13'-9" distance to the structure on the adjacent property to the south (where 15 feet is required). Hereinafter in this Resolution, the subject Plot Plan and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 3. The subject property is made up of one parcel totaling 0.20 gross acres (8,843 gross square -foot). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential (RL). 4. The legal description of the subject property is Lot 47 of Tract No. 42568. The Assessor's Parcel Number is 8701-034-018. 5. On January I f , 2025, public hearing notices were mailed to property owners within a 1000-foot radius of the project site. The notice was submitted to the San Gabriel Valley Tribune newspaper for publication on January 17, 2025. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. 6. On January 30, 2025, the Hearing Officer 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 Hearing Officer of the City of Diamond Bar as follows: 1. The Hearing Officer hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Hearing Officer hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (e) (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) Sections 22.56 and 22.68, the Hearing Officer hereby finds as follows: Minor Conditional Use Permit Findings (DBCC Section 22.56.0401 1. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The existing single-family dwelling is a permitted use in the RL zone. A Minor Conditional Use Permit (MCUP) is requested to allow atwo-story addition to an existing nonconforming structure with a side setback of 4'-11" at the north property line (where 10 feet is required), a 9'41" distance to the 2 Administrative Review Resolution No. 2025 d(1 structure on the adjacent property to the north and a 13'-9" distance to the structure on the adjacent property to the south (where 15 feet is required). The substandard side setback distance from the structure to the not side property line and the substandard distance to structures on adjoining parcels renders the project nonconforming. The addition of a nonconforming structure requires approval of a Minor Conditional Use Permit because the addition is not limited to the ground floor. The proposed two-story addition consisting of 693 square feet of floor area to an existing two-story home complies with the development standards of the RL zone, and will maintain the existing nonconforming north side setback and the existing nonconforming distances to structures on adjoining parcels. 2. The proposed use is consistent with the general plan and any applicable specific plan. The proposed addition to a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The existing single-family dwelling and the proposed addition consisting of 693 square feet of floor area complies with the development standards of the RL zone, and will maintain the existing nonconforming north side setback. The two-story addition is located at the rear of the house. The design of the proposed addition is compatible with the character of the existing homes in the neighborhood because neighboring properties also have nonconforming side setbacks and nonconforming distances to structures on adjoining parcels. 4. The subject site is physically suitable for the type and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject site is physically suitable for the proposed addition to the single- family residential dwelling. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RL zone and will maintain the existing nonconforming north side setback and the existing nonconforming distances to structures on adjoining parcels. In addition, the proposed addition will not be intrusive to neighboring homes and respects existing views. Although a balcony is proposed at the rear of the property adjacent to the master bedroom, the applicant has submitted proof of contact with the immediate neighbors located at 1128 and 1134 Hedgewood Place. The immediate neighbors have indicated support of the proposed 3 Administrative Review Resolution No. 2025� project and do not have any privacy concerns with the proposed addition. Based on these observations, staff does not find privacy to be a project impact to the neighboring properties. Furthermore, the addition will match the residence's proposed exterior remodel in color and building materials and will incorporate similar architectural features. Therefore, the addition will be visually integrated into the existing home's exterior remodel and not negatively impact the look and character of the neighborhood. 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. The granting of the Minor Conditional Use Permit will allow the addition of the existing single-family dwelling unit in a manner similar with existing dWelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. Non -conforming Structures Findings (DBCC Section 22.68.030) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: Incompatible with other structures in the neighborhood. The proposed two-story addition of floor area is consistent with the development standards of the RL zone, and will maintain the existing nonconforming north side setback of 4'41" and the existing nonconforming distances to structures on adjoining parcels with a 9'-11" distance to the structure on the adjacent property to the north and a 13'-9" distance to the structure on the adjacent property to the south. The existing and proposed use of land is consistent with the surrounding land uses and structures in the neighborhood. Neighboring properties also have nonconforming side setbacks and nonconforming distances to structures on adjoining parcels, so the proposed project will remain consistent with other homes within the neighborhood. 2. Inconsistent with the general plan or any applicable specific plan. 4 Administrative Review Resolution No. 2025JGde The proposed addition to a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing and proposed use of land is consistent with the surrounding land uses with similar side setbacks. The proposed two-story addition is consistent with the development standards for the RL zone and will maintain the existing nonconforming north side setback and the existing nonconforming distances to structures on adjoining parcels. 4. Detrimental to the health, safety, and general welfare of persons residing in the neighborhood. 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/Engineering Department requirements. 5. Detrimental and/or injurious to property and improvements in the neighborhood. The addition to the existing single-family dwelling unit will be constructed in a manner similar with the existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property and improvement in the neighborhood. Based upon the findings and conclusion set forth above, the Hearing Officer hereby approves this Application, subject to the following conditions: Development shall substantially comply with the plans and documents presented to the Hearing Officer at the public hearing. 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. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Hearing Officer shall: 5 Administrative Review Resolution No. 2025d(� 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, Steve Geil, 1134 Hedgewood Place, Diamond Bar, CA 91765, and applicant, Dennis Pagoulatos, 590 Ygnacio Valley Road Suite 200, Walnut Creek, CA 94596, APPROVED AND ADOPTED THIS 30TH DAY OF JANUARY 2025, BY THE HEARING OFFICER OF THE CITY OF DIAMOND BAR. By: Greg Gubman Community Development Director Administrative Review Resolution No. 2025�{ STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT M Plot Plan and Minor Conditional Use Permit No. PL 2024-78 SUBJECT: existing 2 535 square -foot two-story single-family residence on a 0.20 gross acre lot (8,843 gross square -foot). PROPERTY Steve Geil )WNER: 1134 Hedgewood Place Diamond Bar, CA 91765 APPLICANT: Dennis Pagoulatos 590 Ygnacio Valley Road Suite 200 Walnut Creek, CA 94596 LOCATION: 1134 Hedgewood Place 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 Plot Plan and Minor Conditional Use Permit No. PL2024-78 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: 7 Administrative Review Resolution No. 2025�$ (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 attorney's fees, incurred in defense of such claims. (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 Plot Plan and Minor Conditional Use Permit No. PL2024-78, 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. 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 Administrative Review Resolution No. 2025-XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conons of Approval shall be submitted for Planning Division review and approval. 6. 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 Friday, between the hours of 7:00 a.m. and 7:00 p.m., and are not allowed at any time on Saturdays, Sundays or holidays. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. Administrative Review Resolution No. 2025� C. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 9. 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. 10. 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. 11. eV V Y towner/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 Division, Public Works Department, and the Fire Department, FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning and Building and Safety Divisions, and the 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. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS The approval of Plot Plan and Minor Conditional Use Permit V. PL2024-78 expires within one year from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code (DBCC) Section 22.66.050(b)(1). In accordance with DBCC Section 22.66.050(c), the applicant may request, in writing, a one-year time extension for Hearing Officer 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. 9 Administrative Review Resolution No. 2025$� all other applicable construction codes, ordinances and regulations in effect at the time of permit issuance. 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: 3. 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. 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 119 and 150(k). 5. 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. 6. 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. 7. All easements shall be shown on the site plan. 8. Slope setbacks shall be consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 9. Light and ventilation shall be maintained in all areas and shall comply with CBC 1203 and 1205. Permit —Items required prior to building permit issuance: 10. 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. 12 Administrative Review Resolution No. 2025�$ 11. 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. 12. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 13. All workers on the job shall be covered by workman 's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction —Conditions required during construction: 14. 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. 15. 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. 16. 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. 17. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 18. 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. 19. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.diaalert.org. 20. 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. 21. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 13 Administrative Review Resolution No. 2025p9 22. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 23. 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 conditapprovedns asshall match the grading/drainage plan or otherwise grading/drainage plan. 24. Decks, roofs, and other flat surfaces shall slope at least 1/4"M 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. 25. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 26. All plumbing fixtures, including those in existing areas, shall be low flow models consistent with California Civil Code Section 1101.1 to 1101.8. Iruc PUBLIC I110 DEPARTMENT, (909) 83940401 FOR COMPLIANCE WITH TH/E FOLLOWING CONDITIONS: General Conditions: Prior to issuance of a building permit, the applicant shall submit an Erosion Control Plan to the Public Works Department for review and approva. lThe Erosion Control Plan shall clearly detail erosion control measures that will be implemented during construction. The Erosion Control Plan shall conform to National Pollutant Discharge Elimination System PNa D ices standards and incorporate the appropriate (BMP's) as specified in the Storm Water BMP Certification. Identify the existing flow and drainage system (e.g., aerial drain). 2. END 14 Administrative Review Resolution No. 2025@S