HomeMy WebLinkAboutPC 2015-17A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2015-240 TO CONSTRUCT AN ADDITION CONSISTING OF A 1,359
SQUARE -FOOT, TWO-STORY ADDITION, 311 SQUARE FEET- BALCONY
AREA AND A 246 SQUARE -FOOT COVERED PATIO AREA TO AN
EXISTING 1,843 SQUARE -FOOT, TWO-STORY SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED '438 TWO -CAR GARAGE ON A
0.23 GROSS ACRE (10,134 GROSS SQUARE -FOOT) LOT AT
24139 AFAMADO LANE., DIAMOND BAR, CA 91765 (APN 8281-005-029).
A. RECITALS
1. The property owner, Lidia Bondanelli, and applicant, Bruno Bondanelli, have filed
an application for Development Review No. PL2015-240 to construct an addition
consisting of 1,359 square feet of living area, 311 square -feet of balcony area and
246 square -foot covered patio to an existing two-story 1,843 square -foot single-
family residence with a 438 square -foot garage located at 24139 Afamado Lane,
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 10,134 gross square feet
(0.23 gross acres). It is located in the Low Density Residential (RL) zone with an
underlying General Plan land use designation of Low Density Residential.
3. The legal description of the subject property is Lot 13 of Tract 29014. The
Assessor's Parcel Number is 8281-005-029.
4. On August 13, 2015, public hearing notices were mailed to property owners within
a 1,000 -foot radius of the Project site. On August 14, 2015, notification of the
public hearing for this project was published in the San Gabriel Valley Tribune and
the Inland Valley Daily Bulletin newspapers; and public notices were posted at the
City's designated community posting sites. In addition to the published and mailed
notices, the project site was posted with a display board.
5. On August 25, 2015, 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.
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C.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301 (e) (additions to existing structures) of the CEQA Guidelines.
Therefore, no further environmental review is required.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22A8, this Planning Commission
hereby finds as follows:
Development Review Findings DBMC Section 22.48.040
1. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The design and layout of the proposed two-story addition consisting of
1, 359 square feet of living area, 391 square feet of balcony area and a 246
square -foot covered patio to an existing single family residence is consistent
with the City's General Plan, City Design Guidelines and development
standards by complying with all required setbacks. The addition is
proposed at the rear of the residence. In addition, the applicant is proposing
to update the colors, materials and details of the exterior elevations to
change the architectural style from 1960s Postwar tract home .to a Spanish
style.
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.
2 Planning Commission Resolution No. 2015-17
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project
site is designed for a single-family home and the surrounding uses are also
single-family homes. In addition, no protected trees are located in the
vicinity of the proposed improvements.
The proposed addition will not interferb with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway widths
and is a continuation of an existing use.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development contemplated
by Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan.
The existing architecture is a 1960s tract home with stucco, large vertical
windows on the facade, and a gable roof with flat concrete tiles. The
applicant is proposing to change the architectural style to Spanish which
includes features such as smooth stucco. finishes, low pitched gabled roof
with clay roof tiles, arched windows and 'doors, decorative vents and
chimneys, balconies with wrought iron railings, and natural colors used to
highlight architectural details. The first floor addition consists of a 129
square -foot entry area at the front of the ;grouse and 615 square feet at the
rear of the house. The massing along the street frontage is essentially
unchanged, altered only by a 130 square -foot single story foyer.
4. The design of the proposed development will provide a desirable
environment for its occupants and visitirpg public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing.
The existing architecture is a 1960s tract home with stucco, large vertical
windows on the fagade, and a gable roof with flat concrete tiles. The
applicant is proposing to change the architectural style to Spanish which
includes features such as smooth stucco; finishes, low pitched gabled roof
with clay roof tiles, arched windows and' -doors, decorative vents and
chimneys, balconies with wrought iron railings, and natural colors used to
highlight architectural details. Also, landscaping is integrated into.the site to
complement the massing of the house and blend in with neighboring homes
and the natural environment of the site. in order to maintain a desirable
environment. Therefore, the addition will be visually integrated into the
existing home and not negatively impact the look and character of the
neighborhood.
3 Punning Commission Resolution No. 2015-17
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.
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building
and Safety Division and Public Works Departments requirements.
Through the permit and inspection process, the referenced agencies will
ensure that the proposed project 'is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA). .
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (e) (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:
1. 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, Lidia Bondanelli, 16763 Vanowen St., Van
Nuys, CA 91403 and applicant, Bruno Bondanelli, '17-008 Evergreen
PI. Unit A, City of Industry, CA 91745.
4 Planning Commission Resolution No. 2015-17
APPROVED AND ADOPTED THIS 25TH DAY OF AUGUST 2015, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Ruth tow, 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 25th day of August, 2015, by the following vote:
AYES: Commissioners: Farago, Wolfe, VC/Mahlke, Chair/Low
NOES: Commissioners: Nishimura
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
5 DR No. PL2015-240
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT M Development Review No. PL 2015-240
SUBJECT: To construct a 1,359 square -foot, two-story addition, 311 square
feet of balcony area, and a 246 square -foot covered patio area
to an -'existing 1,843 square -foot, two-story sin le-famil
residence with an attached two -car garage
PROPERTY Lidia Bondanell_i.
OWNER(S): 16763 Vanowen St.
Van Nuys, CA 91403
APPLICANT: Bruno Bondanellii
17008 Evergreen PI. Unit A
City of Industry, CA 91745
LOCATION: 24139 Afamado Ln 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
1. The applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or
proceeding to attack, set-aside, void or annul, the approval of
Development Review No. PL2015-240 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:
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Planning Commission Resolution No. 2015-17
(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.
(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. PL2015-240,
at the City of Diamond Bar Community Development Department,
their affidavit stating that they are aware of and agree to accept ail
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. Ali 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. 2015-17,
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 constructionlgrading 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.
$. 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.
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Planning Commission Resolution No. 2015-17
C.
9. All site, grading, landscapelirrigation, and roof plans, and elevation
plans shall be coordinated for consistency prior to issuance of City
permits (such as grading, tree removal, encroachment, building, etc.)
or approved use has commenced, whichever comes first.
10. The property owner/applicant shall remove the public hearing notice
board within three days of this project's approval.
11. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Fire Department.
FEESIDEPOSITS
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, Public Works Department
and Mitigation Monitoring) at the established rates, prior to issuance
of building or grading permit (whichever comes first), as required by
the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining
prorated City project review and processing fees prior to issuance of
grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of
this project shall have no deficits.
TIME LIMITS
The approval of Development Review No. PL2015-240 expires
within two years from the date of approval if the use has not been
exercised as defined pursuant to Diamond Bar Municipal Code
(DBMC) Section 22.66.050(b)(1). In accordance with DBMC
Section 22.60.050(c), the applicant may request, in writing, a one-
year time extension for Planning Commission consideration. Such a
request must be submitted to the Planning Division prior to the
expiration date and be accompanied by the review fee in accordance
with the Fee Schedule in effect at the time of submittal.
SITE DEVELOPMENT
This approval is to construct a 1,359 square -foot, two-story addition,
311 square feet of balcony area, and a 246 square -foot covered patio
area to an existing single family residence located at 24139 Afamado
Lane, as described in the staff report and depicted on the approved
plans on file with the Planning- Division, subject to the conditions
listed herein.
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Planning Commission Resolution No. 2015.17
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, collectively attached
referenced as site plans, floor plans, architectural elevations, and
landscape plans on file with the Planning Division, the conditions
contained herein, and the Development Code regulations.
7. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete
or masonry walls, berms, and/or landscaping to the satisfaction of
the Planning Division.
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Planning Commission Resolution No. 2015-17
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall
be maintained in a structurally sound, safe manner with a clean,
orderly appearance. All graffiti shall be removed within 72 hours by
the property owners/occupant.
10. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or
replaced upon project completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement approved herein. The removal of all trash, debris,
and refuse, whether during or subsequent to construction shall be
done only by the property owner, applicant. or by a duly permitted
waste contractor, who has been authorized. by the City to provide
collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
contractor used has obtained permits from the City of Diamond Bar
to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by
approval of this project.
II. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted concurrently with the
grading plan clearly detailing erosion control measures. These
measures shall be implemented during construction. The erosion
control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management' Practices (BMP's) as specified in the Storm Water
BMP Certification. For construction activity which disturbs one acre
or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will
be needed.
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Planning commission Resolution No. 2095-17
1. All equipment staging areas shall be located on the project site.
Staging area, including material stockpile and equipment storage
area, shall be enclosed within a 6 foot -high chain link fence. All
access points in the defense shall be locked whenever the
construction site is not supervised.
76100051119075
1. Detailed drainage system information of the lot with careful attention
to any flood hazard area shall be submitted. All drainage/runoff from
the development shall be conveyed from the site to the natural
drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
III. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
1, At the time of plan check submittal, plans and construction shall
conform to current State and Local Building Code (i.e. 2013
California Building Code series will apply) requirements and all other
applicable construction codes, ordinances and regulations in effect.
2. Provisions for Cal Green shall be implemented onto plans and
certification shall be provided by a third party as required by the
Building Division. Specific water, waste, low VOC, and related
conservation measures shall be shown on plans. Construction shall
conform to the current Cal Green Code.
3. Construction activities causing the operation of any tools or
equipment used in construction, drilling, repair, alteration, or
demolition work shall be conducted Monday — Saturday between the
hours of 7:00 a.m. and 7:00 p.m.
B. 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.
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Planning Commission Resolution No. 2035-17
2.. This project shall comply with the energy conservation requirements
of the State of California Energy Commission. All lighting shall be
high efficacy or equivalent per the current California Energy Code
119 and 150(k).
3. Indoor air quality shall be provided consistent with ASHRAE 02.2 as
required per California Energy Code 150(o).
4. Public Works/Engineering Department is required to review and
approve grading plans that clearly show all finish elevations,
drainage, and retaining wall(s) locations. These plans shall be
consistent with the site plan submitted to the Building & Safety
Division.
5, All balconies shall be designed for 60lb/ft live load.
6. All easements shall be shown on the site plan.
7. A soils report is required per CBC 1803 and all recommendations of
the soils report shall be adhered to.
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.
C. Permit — Items required prior to building permit issuance:
1. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16
of Title 8. The contractor shall complete all required forms and pay
applicable deposits prior to permit.
2. 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.
3. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
4. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
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Planning Commission Resolution No. 2015-17
1. Every permit issued by the building official under the provisions of
this Code shall expire and become null and void unless the work
authorized by such permit is commenced within one -hundred -eighty
(180) days after permit issuance, and if a successful inspection has
not been obtained from the building official within one -hundred -
eighty (180) days from the date of permit issuance or the last
'successful inspection. A successful inspection shall mean a
documented passed inspection by the city building inspector as
outlined in Section 110.6.
2. The project shall be protected by a construction fence to the
satisfaction of the Building Official. All fencing shall be view
obstructing with opaque surfaces.
3. 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.
4. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
5. The project shall be protected by a construction fence and shall
comply with the NPDES & BMP requirements (sand bags, etc.).
6. The applicant shall contact Dig Alert and have underground utility
locations marked by the utility companies prior to any excavation.
Contact Dig Alert by dialing 811 or their website at www.digalert.org.
7. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with
any work.
8. All glazing in hazardous locations shall be labeled as safety glass.
The labeling shall be visible for inspection.
9. Carbon monoxide detectors are required in halls leading to sleeping
rooms per CRC R315.
10. Drainage patterns shall match the approved grading/drainage plan
from the Public Works/Engineering Department. Surface water shall
drain away from the building at a 2% minimum slope. The final as -
built conditions shall match the grading/drainage plan or otherwise
approved as -built grading/drainage plan.
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Planning Commission Resolution No. 2015-17
11. Decks, roofs, and other flat surfaces shall slope at least 114"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.
12. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
13. All plumbing fixtures including existing areas shall have low flow type
fixtures installed consistent with California Civil Code Section 110 1. 1
to 1101.8.
END
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Planning Commission Resolution No. 2015-17