HomeMy WebLinkAboutPC 2014-18PLANNING • O
RESOLUTION•-'
A. RECITALS
1. The property owner and applicant, Ernestina Fleig, has filed an application
for Development Review No. PL2014-269 to construct a 924 square -foot,
two-story addition to an existing one-story home located at 419 Bregante
Drive, 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 8,100 gross square
feet (0.19 gross acres). It is located in the Law 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 46 of Tract 29014. The
Assessor's Parcel Number is 8281-013-024.
4. On July 11, 2014, notification of the public hearing for this project was
published in -the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On July 10, 2014, public hearing notices were mailed
to property owners within a 500 -foot radius of the Project site. Public
notices- were posted at the City's designated community posting sites on
July 10, 2014. 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 July 22, 2014, 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:
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
ollows:
Develo ment 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 924
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 south and west (rear)
sides of the existing residence ---setback 10 feet from the adjacent side
property line and 23 feet from the rear property line—which will reduce the
overall mass and scale of the building as seen from the street and
neighboring properties. The proposed addition will maintain architectural
consistency of the existing design throughout the exterior elevations by
matching colors, architectural elements, and exterior finish materials of the
existing residence.
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Planning Commission Resolution No. 2014-15
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 existing house was constructed as part of a 1960s tract development.
The applicant is proposing a two-story addition at the rear of an existing
one-story home. 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 match the existing
2.5:12 hipped roof pitch. The mass and scale of the addition 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 1960s tract home with a
contemporary design featuring a composite shingle roof and a sand
textured stucco wall finish. The proposed additich will maintain architectural
integrity of the design style by incorporating fenestration patterns, exterior
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Planning Commission Resolution No. 2014-18
colors and building materials to match the existing home. 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 owner and applicant, Ernestina Fleig, 419 Bregante
Drive, Diamond Bar, CA 91765.
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Planning Commission Resolution No. 2014-18
APPROVED AND ADOPTED THIS 22nd DAY OF JULY 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Frank-Fara_ab/ C
I, Greg Gubman, PI n 'ng 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 22nd day of July, 2014, by the following vote:
AYES: Commissioners: Lin, Low, Pirritano, Chair/Farago
NOES: Commissioners: None
ABSENT: Commissioners: shah
ABSTAIN: Commissioners: None
ATTEST:
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Greg Gubman, Secretary
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DR PL2014-269
I COMMUNITY DEVELOPMENT DEPARTMENT
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A: -
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
y PROJECT #: Development Review No. PL 2014-269
SUBJECT: To construct a 924 square -foot, two-story addition to an existing
one-story home.
PROPERTY Ernestina Fleig
OWNER/ 419 Bregante Drive,
APPLICANT: Diamond Bar, CA 917654
LOCATION: 419 Bregante Drive, Diamond Bar, CA 99765
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. In accordance with Government Code Section 66474.9(b)(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. PL2014-269
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
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Planning Commission Resolution No. 2014-18
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 has filed, within twenty-one (21) days of
approval of this Development Review No. PL2014-269, at the City of
Diamond Bar Community Development Department, her affidavit stating
that she is aware of and agrees 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. 2014-18, 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
into,,,porating 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.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
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Planning Commission Resolution No. 2014-18
C.
FEESIDEPOSITS
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
coines 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. PL2014-269 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 924 square -foot, two-story addition to an
existing one-story home located at 419 Bregante Drive, 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. 2014-18
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
owners/occupant.
10. All landscaping, structures, architectural features and public improvements
damaged during .construction -shall be repaired or replaced upon project
completion.
ANIMMOMA7MMILTISM
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
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Planning Commission Resolution No. 2014-16
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 a drainage
plan clearly showing the existing and proposed drainage system and
drainage path around the proposed retaining wall and building addition,
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. Please refer to City
handouts.
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. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
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 CALGreen shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
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Planning Commission Resolution No. 2014-16
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform -to the current CALGreen
Code.
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. 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. The distance between the
addition and the adjacent slope and/or retaining wall shall be at least 3'
minimum and provide adequate drainage through this area to be subject to
building plan check and inspection.
4. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to. Foundations shall be designed consistent
with the soils report requirements or at least 24" embedment for exterior and
18" embedment for interior footings with 2#4 top and bottom.
5. Slope setbacks shall be consistent with California Building Code Figure
1805.3.1 and California Residential Code R403.1.7. The existing slope
andlor retaining wall shall be setback from the addition at least this distance
and shown on plans accordingly.
6. Light and ventilation shall comply with CBC 1203 and 1205.
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.
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Planning Commission Resolution No, 2U14-18
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. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. — Sat. between the hours of 7:00 a.m. and 7:00 p.m.
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
su rfaces.
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. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any work.
7. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
8. Carbon monoxide detectors are required in halls leading to sleeping rooms
per CRC R315.
9, 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.
10. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
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Planning Commission Resolution No. 2414-18
11. All plumbing fixtures including existing areas shall have low flow type
fixtures installed consistent with California Civil Code Section 1101.1 to
1101.8.
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Planning Commission Resolution No. 2014-18