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HomeMy WebLinkAboutPC 2015-07IR i •: i'. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND EAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2015-010 FOR THE CONSTRUCTION OF A SECOND -STORY ADDITION CONSISTING OF 487 SQUARE FEET OF FLOOR AREA TO AN EXISTING 2,037 SQUARE -FOOT, ONE-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 493 SQUARE -FOOT GARAGE ON A 0.29 GROSS ACRE (12,590 SQUARE -FOOT) LOT; A MINOR CONDITIONAL USE PERMIT (MCUP) IS REQUESTED TO ALLOW A SECOND -STORY ADDITION TO AN EXISTING NONCONFORMING STRUCTURE WITH A FRONT SETBACK OF 10 FEET (WHERE 20 FEET IS REQUIRED), A NONCONFORMING (SOUTH) SIDE SETBACK OF EIGHT FEET (WHERE 10 FEET IS REQUIRED), AND A NONCONFORMING DISTANCE TO THE STRUCTURE ON THE ADJACENT LOT TO THE NORTH OF 13'-6" (WHERE 15 FEET IS REQUIRED) AT 21419 COLD SPRING LANE, DIAMOND BAR, CA 91765 (APN 8714-004-012). A. RECITALS 1. The property owner, Robert Labella, and applicant, Jerry Lutjens, have filed an application for Development Review and Minor Conditional Use Permit No. PL2015-010 to construct a .second -story addition consisting of 487 square feet of floor area to an existing 2,037 square -foot, one-story single-family residence with an attached 493 square -foot garage located at 21491 Cold Spring Lane, Diamond Bar, County of Los Angeles, California. 2. The following approvals are requested from the Planning Commission. (a) Development Review to construct a second -story addition consisting of 487 square feet of floor area at the front of the house. (b) Minor Conditional Use Permit to allow a second -story addition to an existing nonconforming structure with a front setback of 10 feet (where 20 feet is required), a nonconforming (south) side setback of eight feet (where 10 feet is required), and a nonconforming distance to the structure on the adjacent lot to the north of 13'-6" (where 15 feet is required). Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 3. The subject property is made up of one parcel totaling 12,590 gross square feet (0.29 gross acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential. 4. The legal description of the subject property is Lot 44 of Tract 32974. The Assessor's Parcel Number is 8714-004-012. 5. On March 12, 2015, public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site. On March 13, 2015, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley aily Bulletin newspapers. In addition to the published and mailed notices, the project site was posted with a public hearing notice on a display board, and the notice was posted at the City's three designated locations. 6. On March 24, 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. 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 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. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.56, and 22.68, this Planning Commission hereby finds as follows: Development Review Findings DBMC Section 22.48.040 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 second -story addition consisting of 487 square feet of floor area to the existing one-story single-family residence is consistent with the City's General Plan, City Design Guidelines and development standards with the exception to an existing nonconforming front setback of 10 feet, where 20 feet is required; the existing nonconforming (south) side setback of eight feet, where 10 feet is required; and a nonconforming distance to the structure on the adjacent lot to the north of 13'-6" (where 15 feet is required). The addition is proposed at the front of the residence, directly above the garage. The front portion of proposed addition will not further encroach into the 2 Planning Commission Resolution No. 2015-07 nonconforming front setback and will be recessed 2'-2" from the front fagade of the house. The project is designed to blend into the existing house by using the same architectural elements and building materials as the existing residence. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the use of the project site is designed for a single-family home and the surrounding uses are also single- family homes. In addition, no protected trees exist on site. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family home because it complies with the requirements for driveway widths and is a continuation of an existing use. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan. The project is designed to be compatible with and enhance the character of the existing homes in the neighborhood. The massing of the building is softened by creating articulation of the front fagade by recessing the second -story addition approximately 2'-2" from the garage on the first floor. Furthermore, the addition will match the existing home in color and building materials and will incorporate similar architectural features. Therefore, the addition will be visually integrated into the existing home and not negatively impact the look and character of the 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 architecture of the existing residence is a 1970s tract design with textured stucco and decorative stone veneer on exterior walls, and a cross -gable roof with composite shingles. The proposed design will maintain architectural integrity by incorporating similar fenestration patterns, and matching exterior colors and building materials. The roof of the proposed addition will be integrated with the existing roof by matching the existing 5:12 pitch. Consistent building elements 3 Planning Commission Resolution No. 2015-07 have been achieved through the utilization of similar architectural features and building materials. 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 95309 (e) (additions to existing structures) of the CEQA guidelines. Minor Conditional Use Permit Findings DBMC Section 22.56.040 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 a second -story addition to an existing nonconforming structure with a front setback of 10 feet (where 20 feet is required), a nonconforming (south) side setback of eight feet (where 10 feet is required), and a nonconforming distance to the structure on the adjacent lot to the north of 13'-6" (where 95 feet is required). The substandard distance from the structure to the front and (south) side property lines; and substandard distance to the structure on the adjacent lot to the north 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 second -story addition consisting of 487 square feet of floor area to an existing one-story home complies with all other development standards of the RL zone. 2. The proposed use is consistent with the general plan and any applicable specific plan. 4 P{anning Commission Resolution No. 2015-07 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 second -story addition consisting of 487 square feet of floor area will not encroach into the existing nonconforming front setback of 10 feet to the front property line and will be recessed 2'-2" from the front fagade of the house. The proposed project is located at the front of the home and will maintain the existing nonconforming (south) side setback of eight feet and a nonconforming distance 'to the structure on the adjacent lot to the north of 13'-6". The design of the existing single-family dwelling and the proposed addition are compatible with the character of the existing homes in the neighborhood because neighboring properties have nonconforming setbacks. 4. The subject site is physically suitable for the type and density/intensity 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 existing single-family residential dwelling and the proposed addition. 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 not encroach into the existing nonconforming front and (south) side setbacks, and nonconforming distance to the structure on the adjacent lot to the north. 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 13 Section 15301 (e) (additions to existing structure) of the CEQA Guidelines. 5 Planning Commission Resolution No 2015-07 Non -Conforming Structures Findings (DBMC Section 22.68.030 The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighbor.hood. The proposed second -story addition . of floor,` area is consistent with the development standards for the RL zone. The existing single-family dwelling and the proposed second -story addition consisting of 487 square feet of floor area will not encroach into the existing nonconforming front setback of 90 feet to the front property line and will be recessed 2'-2" from the front facade of the house. The proposed project is located at the front home .':and will maintain the existing nonconforming (south) side setback of eight feet and a nonconforming distance to the structure on the adjacent lot to the north of 13'-6". The existing and proposed use of land is consistent with the surrounding land uses and structures in the neighborhood. Neighboring properties also. have nonconforming setbacks, so the proposed project will remain consistent with other homes within the neighborhood. 2. Inconsistent with the general plan or 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. A restriction to the eventuallfuture 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 front and side setbacks to.. ;nonconforming structures and nonconforming distances to structures on adjacent lots. The proposed addition of floor area is consistent with the development.standards for the RL zone and will not encroach into the existing nonconforming; front and (south) side setbacks, and nonconforming distance to the structure on the adjacent lot to the north. 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 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 Planning Commission ResoMion No. 2015-07 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 existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property and improvements in the neighborhood. 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, Robert Labella, 21491 Cold Spring Lane, Diamond Bar, CA 91765 and applicant, .ferry Lutjens, 19953 Valley Blvd_, Walnut, CA 91789. APPROVED AND ADOPTED THIS 24th DAY OF MARCH 2015, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Ruth Low, 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 24th day of March, 2015, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Farago, Nishimura, Chair/Low None Mah1ke, VC/Pirritano None 7 DRIMCUP NO. PL2016.010 I t COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use No. PL 2015-010 SUBJECT: To construct a second -story addition consisting of 487 square feet of floor area to an existing 2,037 square -foot, one-story single-family residence with an attached 493 square -foot garage; and a Minor Conditional Use Permit (MCUP) is to allow a second -story addition to an existing nonconforming structure with a front setback of 10 feet (where 20 feet is required), a nonconforming (south) side setback of eight feet (where 10 feet is required), and a nonconforming distance to the structure on the adjacent lot to the north of 13'-6" (where 15 feet is require PROPERTY Robert Labella OWNER: 21491 Cold Spring Lane Diamond Bar, CA 91765 APPLICANT: Jerry Lutjens 19953 Valley Blvd. Walnut, CA 91789 LOCATION: 21491 Cold Spring Lane 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 and Minor Conditional Use 8 Planning Commission Resolution No. 2015-07 Permit No. PL2015-010 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. (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 and Minor Conditional Use Permit No. PL2015-010, 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. 2015-07, 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 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, 9 Planning Commission Resolution No 2015-07 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. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review and Minor Conditional Use Permit No. PL2015-010 expires within two years from the date of approval if the use has not been exercised as defined pursuant to Diamond Bar Municipal Code (DBMC) Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the Fee Schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is to construct a 487 square -foot, second -story addition to an existing one-story home located at 21491 Cold Spring 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. 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. 10 Planning Commission Resolution No. 2015-07 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. 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. Eo 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 11 Planning Commission Resolution No. 2035-07 subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted:;;concurrently with the drainage plan clearly detailing erosion control measures for review and approval. These measures shall be implemented during construction. The erosion control plan shall conform to National Pollutant Disch=arge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certifi6ation. i 2. Grading and construction activities and t[% transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monda=y through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: The 2013 California Building Code series applies and shall be adhered to. 12 Planning Commission Resolution No. 2015-07 2. Plumbing fixtures shall be low flow type per California Civil Code 1101.1 to 1101.8. They shall be provided for inspection approval. 3. 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. 4. 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. 6. 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. 6. 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. 7. Footings shall be designed for expansive conditions with at least 24" embedment for exterior footings and 18" for interior footings and two #4 top and bottom. 8. A drainage plan shall show drainage away from building structures and property lines and shall be approved for plan check. 9. Pool barriers shall remain at all times. Where they are removed, a "stop work" order shall apply and no work shall occur until the barrier is replaced. 10. An occupancy separation shall be provided between the garage and habitable space. 13 Planning Commission Resolution No. 2055-07