HomeMy WebLinkAboutPC 2015-01A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2014-563 FOR THE CONSTRUCTION OF A FIRST FLOOR ADDITION
CONSISTING OF 421 SQUARE FEET OF FLOOR AREA AND 30 SQUARE -
FOOT PORCH TO AN EXISTING TWO-STORY 2,697 SQUARE -FOOT
SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 633 SQUARE -FOOT
GARAGE AND 46 SQUARE -FOOT BALCONY ON A 0.45 GROSS ACRE
(19,445 SQUARE -FOOT) LOT AT 21260 CHIRPING SPARROW ROAD,
DIAMOND BAR, CA 91765 (APN 6714-023-012).
A. RECITALS
The property owner, Xinhua Gao, and applicant, German Cortez, have filed
an application for Development Review No. PL2014-553 to construct an
addition consisting of 421 square feet of floor area and 30 square -foot porch
to an existing two-story, 2,697 square -foot residence with a 633 square -foot
garage and 46 square -foot balcony located at 21260 Chirping Sparrow
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 19,445 gross square
feet (0.45 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 58 of Tract 34161. The
Assessor's Parcel Number is 8714-023-012.
4. On January 16, 2015, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On January 15, 2015, public _hearing notices were
mailed to property owners within a 1,000 -foot radius of the Project site..
Public notices were posted at the City's designated community posting sites
on January 16, 2015. In addition to the published and mailed notices, the
project site was posted with a display board and the notice was posted at
three other locations within the project vicinity.
5. On January 27, 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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B. 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.
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 first floor addition consisting of
421 square feet of floor area and 30 square -foot porch to the existing single
family residence is consistent with the City's General Plan, City Design
Guidelines and development standards by meeting all required setbacks.
The addition is proposed at the front of the residence. Although the existing
home has a nonconforming front setback, the proposed addition meets the
required 20 -foot front setback The proposed addition 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.
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Planning Commission Resolution No. 2015-01
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.
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 architecture of the existing residence is a 1980s tract design with wood
siding, stucco, and a gable roof with flat concrete tiles. The applicant is
proposing to add to the first floor of an existing two-story home while
maintaining consistency with the architectural form. The proposed design
will maintain architectural integrity by incorporating similar fenestration
patterns, and matching exterior colors and building materials. In addition,
the applicant is proposing to replace the wood siding at the front of the
house with stone veneer and stucco to match the existing building. The roof
of the proposed addition at the front of the house will be integrated with the
existing roof by matching the existing 6:12 pitch. The project 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 design of the existing single-family home is 1980s tract home.
Consistent building elements have been achieved through the utilization of
similar architectural features and building materials. The applicant is
proposing a single story addition at the front of the house, set back four feet
from the face of the existing garage and is proposing a porch that project
three feet from the addition which creates articulation, and therefore softens
the massing of the building. Furthermore, the addition will match the existing
home in color and building materials and will incorporate similar
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Panning Commission Resolution No. 2095-01
architectural features. 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 15309 (e) (additions to existing structures) of the CEQA guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Xinhua Gao, 21260 Chirping Sparrow Road,
Diamond Bar, CA 91765; and applicant, German Cortez, 1168 San
Gabriel Boulevard, Suite P, Rosemead, CA 91770.
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Planning Commission Resolution No. 2015-01
APPROVED AND ADOPTED THIS.271" DAY OF JANUARY 2015, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
j6,nairman
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 27th day of January, 2015, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: �I
Greg Gubman, Secretary
Low, Mahlke, Pirritano, Chair/Farago
None
None
None
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DR PL2014-553
I k COMMUNITY DEVELOPMENT DEPARTMENT
a
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2014-553
SUBJECT: To construct an addition consisting of 421 square feet of floor area
and 30 square -foot porch to an existing single-family residence.
PROPERTY Xinhua Gao
OWNER(S): 21260 Chirping Sparrow Rd.
Diamond Bar, CA 91765
APPLICANT: German Cortez
1168 San Gabriel Blvd. Suite P
Rosemead, CA 91770
LOCATION: 21260 Chirping Sparrow Rd., 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. PL2014-553 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.
Planning Commission Resolution No. 2015-01
(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. PL2014-553, 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. 2015-01, 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.
5. 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. 2015-01
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
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. PL2014-553 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 construct a 421 square -foot, first floor addition and 30 square -
foot porch to an existing two-story home located at 21260 Chirping Sparrow
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 for any phase
of the project has been completed. The applicant shall inform the Planning
Division and schedule an appointment for such an inspection.
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Planning Commission Resolution No. 2015-09
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 wars, 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
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.
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planning Commission Resolution No. 2015-01
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
An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
impiemented 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. Please refer to City handouts.
B. SOILS REPORTIGRADINGIRETAINING WALLS
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 fenced area shall be locked
whenever the construction site is not supervised.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
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)
requirements and all other applicable construction codes, ordinances and
regulations in effect.
2. Provisions for CALGreen 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 CALGreen Code.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL:
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. 2015-01
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. Light and ventilation shall comply with CBC 1203 and 1205. The game room
shall provide justification for light and Ventilation.
C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDISSUANCEI
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. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
3. 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 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. 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. All
storage of construction equipment and materials shall occur behind this fence.
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.
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Planning Commission Resolution No, 2015-01
6. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
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.digalert.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. 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 1101.1 to 1101.8.
END
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Planning Commission Resolution No. 2815-01