HomeMy WebLinkAboutPC 2014-20A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
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A. RECITALS
1. The property owners, Asif and Maricela Musavvir, and applicant, Fred
Herzog, have filed an application for Development Review and Minor
Conditional Use Permit No. PL2013-540 to construct an addition consisting
of 1,022 square feet of floor area and a 108 square --foot patio cover to an
existing two-story, 2,000.5 square -foot residence with a 696.5 square -foot
garage and 340 square feet of patio area located at 2930 Ohan Court,
Diamond Bar, County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Development Review to construct a two-story addition consisting of
1,022 square feet of floor area -including a 216.5 square -foot first level
addition towards the side of the home, 713.5 square -foot second level
addition towards the front and side of the home, and a 92 square -foot
addition to the existing garage.
(b) Minor Conditional Use Permit to allow the continuation of an existing
nonconforming front setback of 15 feet (20 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 7,301 gross square
feet (0.17 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 40 of Tract 33104. The
Assessor's Parcel Number is 8765-012-004.
5. 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 11, 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.
6. 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.
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 and 22.56, 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).
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Planning Commission Resolution No. 2014-20
The design and layout of the proposed two-story addition consisting of
1,022 square feet of floor area and 108 square feet of patio/balcony area 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 except the front setback due to an existing
nonconforming front setback of 15 feet where 20 feet is required. The
addition is proposed toward the front and west side of the property. The
proposed addition does not further encroach into the 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.
Although the addition is located towards the front of the home, the addition
does not create additional massing to the home. The massing of the building
is softened by recessing the second story addition five feet behind the first
floor. Projections from the proposed second story balcony and recessed
windows create articulation of the front fagade.
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.
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 style of the home is 1980s tract design. The applicant is
proposing to add to an existing two-story home while maintaining
consistency with the current design. The proposed design will maintain
architectural integrity by incorporating similar fenestration patterns, and
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Planning Commission Resolution No. 2014-20
matching exterior colors and building materials. The roof of the proposed
addition will be integrated with the existing roof by matching the existing
6.5:12 roof 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. Although the second
story addition is located at the front of the house, it is set back five feet
behind the existing first floor, which will reduce the overall mass and scale
of the building as seen from the street. Additionally, the home is located on
a flag lot which is screened from the street by the adjacent property to the
west. 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.
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.
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Planning Commission Resolution No. 2094-20
Minor Conditional Use Permit Findings DBMC Section 22.56.040
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 for the continuation of
an existing nonconforming front setback of 15 feet, where twenty feet is
required.
The substandard distance from the structure to the front property line
renders the project nonconforming. The addition of a nonconforming
structure requires approval of a Minor Conditional Use Permit because the
addition is greater than 50 percent of the existing home and is not limited to
the ground floor. The proposed addition consisting of 1,022 square feet of
floor area and 108 square feet of patio/balcony area to an existing two-story
home complies with the development standards of the RL- zone and will not
further encroach into the nonconforming front setback.
2. The proposed use is consistent with the general plan and 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 tree 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 addition consisting of
1,022 square feet of floor area and 108 square feet of patio/balcony area
will not further encroach into the existing nonconforming front setback of 15
feet to the front property line. The massing of the building is softened by
recessing the second story addition five feet behind the first floor.
Projections from the proposed second story balcony and recessed windows
create articulation of the front fapade. The proposed project is consistent
with the surrounding neighborhood. The design of the existing single-family
dwelling and the proposed addition are compatible with the character of the
existing homes in the neighborhood.
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.
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Planning Commission Resolution No. 2014-20
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 further encroach into the existing nonconforming front
setback. Because the proposed second floor addition is set back 20 feet—
five
eetfive feet behind the existing first floor—,from the front property line, the
addition will not add bulk to the front of the house as seen from the street.
Further, the addition is located 20 feet from the neighbor to the east and 21
feet from the neighbor to the west; which. is more than the minimum code
requirement.
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 19
Section 15301 (e) (additions to existing structure) 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 complywith 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.
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Planning Commission Resolution No. 2014-20
'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, Asif and Maricela Musavvir, 2930 Ohan
Court, Diamond Bar, CA 91765, and applicant Fred Herzog, 4351
4351 E. Alderdale Ave., Anaheim, CA 92807.
APPROVED AND ADOPTED THIS 22nd DAY OF JULY 2014, BY THE PLANNING
COMMISSION OF-.THE-C--IT--Y-,OF DIAMOND BAR.
<f --
Frank F4r�go,
1, 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 22nd day of July, 2014, by the following vote:
,YES: Commissioners: Lin, Low, Pirritano, Chair/Farago
NOES: Commissioners: None
ABSENT: Commissioners: shah
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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oRIMCUP PL2013-540
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COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEIN AND
REMODELED STRUCTURES
PROJECT #: I Development Review and Minor Conditional Use No._PL 2013-540
SUBJECT: To construct an addition consisting of 1,022 s uare feet of floor area
and 108 square feet ofpatio/balcony area and a Minor Conditional
Use Permit for the continuation of anonconformingfront setback of
15 feet 20 feet is required).
PROPERTY Asif and Maricella Musavvir
OWNER(S): 2930 Ohan U
Diamond Bar, CA 91765
APPLICANT: Fred Herzog
4351 E. Alderdale Ave.
Anaheim, CA 92807
LOCATION: 2930 Ohan Ct., 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. 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 and Minor Conditional Use. Permit
No. PL2013-540 brought within the time period provided by Government Code
Section 56499.37. In the event the city and/or its officers, agents and employees
are made a party of any such action:
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Planning Commission Resolution No. 2014-20
(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. PL2013-540, 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. 2014-20, 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.
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Planning Commission Resolution No. 2014-20
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. FEESIDEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading permit
(whichever comes first), as required by the City. School fees as required shall
be paid prior to the issuance of building permit. In addition, the applicant shall
pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review and Minor Conditional Use Permit No.
PL2013-540 expires within two years from the date of approval if the use has not
been exercised as defined per Diamond Bar Municipal Code (DBMC)
Section 22.66.050 (b)(1). The applicant may request in writing a one year time
extension subject to DBMC Section 22.60.050(c) for Planning Commission
approval.
D. SITE DEVELOPMENT
1. 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.
2. 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.
3. All roof -mounted equipment shall be screened from public view.
4. 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.
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Planning Commission Resolution No. 2014-20
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
1. The site shall be maintained in a condition, which is free of debris both during and
after the construction, addition, or implementation of the entitlement approved
herein. The removal of -all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant
or by a duly permitted waste contractor, who has been authorized by the City to
provide collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has obtained
permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised
waste hauler to all parcels/lots or uses affected by approval of this project.
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1. Prior to Building Permit issuance, 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. Additionally, all construction equipment shall be properly
muffled to reduce noise levels.
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. 2014-20
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)
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:
1. The minimum design load for wind in this area is 85 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. No building permits shall be issued prior to
submitting a pad certification.
5. All balconies shall be designed for 60lb1ft live load.
6. All easements shall be shown on the site plan.
7. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
8. Light and ventilation shall comply with CBC 1203 and 1205.
9. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail.
10. An occupancy separation is required between the house and garage.
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Planning Commission Resolution No- 2014-20
11. The electrical service size shall be adequately justified to the Building and Safety
Division prior to 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.
Every permit issued by the Building and Safety Division shall expire if the building
or work authorized by such permit is not commenced within 180 days from the
date of such permit. Otherwise, permits will expire if work has discontinued and
not been signed -off on.the job card by the building inspector within a 180 day
period.
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.)
7. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation andlor frame inspection.
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Planning Commission Resolution No. 2014-20
8. The applicant shall contact Dig Alert and have underground utility locations
marred by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
9. Any changes or deviation from approved plans during the course of construction
shall be approved by the City prior to proceeding with any work.
10. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
11. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
12. 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.
13. Decks, roofs, and other flat surfaces shall slope at least 114" per foot with water
proofing material that has been approved and is listed. 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.
14. Special inspections and structural observation will be required in conformance to
CBC 1704 to 1709.
15. All bedrooms shall have an opening that meets the emergency egress
requirements
16. Where more than three toilets are connected to a sewer line it shall be 4"
minimum per CPC Table 7-5 Footnote 4.
TEND
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Planning Commission Resolution No. 2074-20
