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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2014-618 TO REMODEL AND CONSTRUCT A 1,232 SQUARE -FOOT,
TWO-STORY ADDITION TO AN EXISTING TWO-STORY HOME ON A 0.30
GROSS ACRE (13,180 SQUARE -FOOT) LOT LOCATED AT 1928 CHESTNUT
CREEK ROAD, DIAMOND BAR, CA 91765 (APN 8292-011-004).
A. RECITALS
1 a The property owners, Hongie Wu and Yanfang Yao, and applicant, Jason
Jiang, Hao Design, Inc., have filed an application for Development Review
No. PL2014-618 to remodel and construct a 1,232 square -foot; two-story
addition to an existing two-story home located at 1928 Chestnut Creek
Road, 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 13,180 gross square
feet (0.30 gross acres). It is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low
Density Residential.
3. The legal description of the subject property is Lot 24 of Tract 26681. The
Assessor's Parcel Number is 8292-011-004.
4. On February 12, 2015, public hearing notices were mailed to property
owners within a 1,000 -foot radius of the Project site. On February 13, 2015,
notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily -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 community locations.
5. _ On February 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) Section 22.48, 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 remodel and two-story addition
consisting of 1,232 square feet to the existing single-family residence is
consistent with the City's General Plan, City Design Guidelines and
development standards, including setbacks, height, and lot coverage.
The two-story addition is proposed to be located to the north and east (rear)
sides of the existing residence, setback a minimum of 13'-2" from the
adjacent (north) side property line and approximately 45 feet from the top
of the slope in the rear. The proposed remodel and addition will maintain
architectural consistency with the Mediterranean style of architecture
throughout the exterior elevations by matching colors, architectural
elements, and exterior finish materials prevalent with this style of
architecture and complementary to the neighborhood.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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Planning Commission Resolution No. 2015-003
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 remodel and 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 existing house was constructed as part of a 1960s tract development
and subsequently refurbished with exterior improvements. The applicant is
proposing a remodel and two-story addition above the north side of the first
floor and at the rear of an existing two-story home. The proposed
Mediterranean design will maintain architectural integrity by incorporating
similar fenestration patterns, matching exterior building materials, and
incorporating complementary colors prevalent in the neighborhood. The
roof of the proposed addition will be modified to have a 4:12 hipped roof
pitch and will also incorporate roof turrets in the front and rear elevations.
The mass and scale of the addition above the existing first floor and at the
rear of the home is proportionate to the existing house, and is designed to
be compatible and complementary to 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 refurbished 1960s tract home
with a contemporary design featuring a flat concrete roof and a textured
stucco wall finish. The proposed remodel and addition will maintain
architectural integrity of the Mediterranean design style by incorporating
fenestration patterns, exterior colors and building materials to match those
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Planning Commission Resolution No. 2015-003
of the neighborhood. Therefore, the addition will be visually integrated into
the existing home and not negatively impact the look and character of the
neighborhood.
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:
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 owners, Hongie Wu and Yanfang Yao, 1928 Chestnut
Creek Road, Diamond Bar, CA 91765, and applicant, Jason Jiang,
Hao Design, Inc., 5877 Pine Avenue, Chino Hills, CA 91709.
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Planning Commission Resolution No. 2015-003
APPROVED AND ADOPTED THIS 24th DAY OF FEBRUARY 2015, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Frank
Til
e
I, Greg Gubman, OlanninTCommission 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 February, 2015, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
Low, Pirritano, Mahlke, Chair/Farago
Nishimura
None
None
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Dig PL2014-618
COMMUNITY DEVELOPMENT DEPARTMENT
41
Jay _
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2014-618
SUBJECT: To remodel and construct a 1,232 s care -foot two-story
addition to ars existing two-story home,
PROPERTY Hongie Wu and Yanfang Yao
OWNER(S): 1928 Chestnut Creek Road
Diamond Bar, CA 91765
APPLICANT: Jason Jiang
Hao Design, Inc.
5877 Pine Avenue
Chino Hills, CA 91709
LOCATION: 1928 Chestnut Creek Road, 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.
PL2014-618 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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Planning Commission Resolution No. 2015-003
(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. PL2014-618, at the City of
Diamond Bar Community Development Department, an 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 applicant pays
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. 2015-03, 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, 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.
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Planning Commission Resolution No. 2015-003
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 No. PL2014-618 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
This approval is to remodel and construct a 1,232 square -foot, two-story
addition to an existing two-story home located at 1928 Chestnut Creek
Road, 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.
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when work
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Planning Commission Resolution No. 2045-003
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
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
ownersloccu pant.
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
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Planning Commission Resolution No. 20E5-003
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.
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 Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) as specified in the Storm Water BMP
Certification.
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday 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. In addition, all
construction equipment shall be properly muffled to reduce noise levels.
B. DRAINAGE
1. 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.
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Planning Commission Resolution No. 2015-003
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 83
7020, FOR COMPLIANCE WITH THE FOLLOWINGr •
J, •
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.
E. 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).
3. Indoor air quality shall be provided consistent with ASHRAE 62.2 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 and Safety Division.
5. "Separate permits are required for the waterscape feature and detached
trellises" and shall be noted on plans.
6. All balconies shall be designed for 60lblft live load.
7. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
8. Light and ventilation shall comply with CBC 1203 and 1205.
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Planning Commission Resolution No. 2015-003
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.
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
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 ane -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. 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.
3. 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.
4. 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.
5. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
6. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
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Planning Commission Resolution No. 2095-003
7. 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.digaler-L.org.
8. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any work.
9. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
10. Carbon monoxide detectors are required in halls leading to sleeping rooms
per CRC R315.
11. 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.
12. 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.
13. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
14. Bodies of water (waterscape) that are greater than 18" in depth shall have
the required barriers to prevent unintentional access per CBC 3904.4.
15. All plumbing fixtures including existing areas shall have low flow type
fixtures installed consistent with California Civil Code Section 1101.1 to
1101.8.
16. The AC unit at the interior of the home shall be justified that it is listed for
interior use.
17. Glass guardrails shall be designed with a top rail and a factor of safety of 4.
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Planning Commission Resolution No. 2015-003