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1. The property owner, Kunal Kothari, and applicant, Jonathan L. Zane, have
filed an application for Development Review No. PL2014-328 to construct
a 1,782 square -foot, two-story, addition to an existing one-story home
located at 1004 Park Spring Lane, 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 12,118 gross
square feet (0.28 gross acres). It is located in the Low Medium Density
Residentiai (RLM) zone with an underlying General Plan land use
designation of Low Density Residential.
3. The legal description of the subject property is Lot 54 of Tract 33182. The
Assessor's Parcel Number is 8701-026-012.
4. On August 1, 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 31, 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 31, 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 August 12, 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:
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 15801 (e)(2) (additions to existing structures not resulting in an
increase of more than 10,000 square feet) 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
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
1, 782 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 west
(front) sides of the existing residence, setback approximately 38 feet from
the north side property line, and maintaining existing setbacks to the front
and rear of the house. Also, the addition complies with the minimum
15 -foot distance requirement from the home on the adjacent lots to the
north and south. 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. 2014-23
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 1970s tract development.
The applicant is proposing a two-story addition at the north and west
(front) sides 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 4:12 gabled roof pitch.
The two-story addition will be setback 49 feet from the adjacent house to
the north, and not further encroach into the existing 22 -foot front setback.
Also, the adjacent property to the north is at a higher pad level,
approximately 14 feet above the pad level of the subject property.
Therefore, given the distance and above height differential to the adjacent
property to the north, the addition and balcony on the north side of the
house will not impose a privacy concern.
The mass and scale of the addition at the north and west (front) sides 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
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Planning Commission Resolution No. 2614-23
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing.
The architecture of the existing residence is a 1970s tract home with a
contemporary design featuring a composite shingle roof and a sand
textured stucco wall finish. The proposed addition will maintain
architectural integrity of the design style by incorporating fenestration
patterns, exterior 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 95301 (e)(2) (additions to existing structures not resulting in an
increase of more than 10,000 square feet) 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:
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
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Planning Commission Resolution No. 2014-23
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, Kunal Kothari, 1004 Park Spring Lane,
Diamond Bar, CA 91765, and applicant, Jonathan L. Zane, 958 N.
La Canada Dr., Colton CA 92324.
APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
IN
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mi`.=mice
I, Greg Gubma ,Manning 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 12th day of August, 2014, by the following vote:
AYES: Commissioners: Low, Pirritano, VC/Shah, Chair/Farago
NOES: Commissioners: None
ABSENT: Commissioners: Lin
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
5
DR PL2014-328
-
° l ° COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2014-328
SUBJECT: To construct a 1,782 square -foot, two-story addition to an
existing one-story home.
PROPERTY Kunal Kothari
OWNER: 1004 Park Spring Lane
Diamond Bar, CA 91765
APPLICANT: Jonathan L. Zane
958 N. La Canada Dr.
Colton, CA 92324
LOCATION: 1004 Park Spring Lane Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
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. PL2014-328 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. 2014-23
(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 has filed, within twenty-one (21) days of
approval of this Development Review No. PL2014-328, 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=23, 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. 2014-23
C.
11. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
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.
TIME LIMITS
1. The approval of Development Review No. PL2014-328 expires within two
years from the date of approval if the use has not been exercised as
defined pursuant to Diamond Bar Municipal Code (DBMC)
Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c),
the applicant may request, in writing, a one-year time extension for
Planning Commission consideration.. Such a request must be submitted
to the Planning Division prior to the expiration date and be accompanied
by the review fee in accordance with the Fee Schedule in effect at the time
of submittal.
D. SITE DEVELOPMENT
1. This approval is to construct a 1,782 square -foot, two-story addition to an
existing one-story home located at 1004 Park Spring Lane, as described
in the staff report and depicted on the approved plans on file with the
Planning Division, subject to the conditions listed herein.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission, as modified pursuant to the conditions below. If
the plan check submittal is not in substantial compliance with the
approved Development Review submittal, the plans may require further
staff review and re -notification of the surrounding property owners, which
may delay the project and entail additional fees.
Planning Commission Resolution No. 2014-23
3. To ensure compliance with the provisions of the Planning Commission
approval, a final inspection is required from the Planning Division when
work for any phase of the project has been completed. The applicant shall
inform the Planning Division and schedule an appointment for such an
inspection.
4. The above conditions shall run with the land and shall be binding upon all
future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed
as a condition of the approval shall constitute a violation of the City's
Development Code. Violations may be enforced in accordance with the
provisions of the Development Code.
5. Failure to comply with any of the conditions set forth above or as
subsequently amended in writing by the City, may result in failure to obtain
a building final and/or a certificate of occupancy until full compliance is
reached. The City's requirement for full compliance may require minor
corrections and/or complete demolition of a non-compliant improvement,
regardless of costs incurred where the project does not comply with
design requirements and approvals that the applicant agreed to when
permits were pulled to construct the project.
6. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, 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.
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Planning Commission Resolution No. 2014-23
E. SOLID WASTE
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.
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 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.
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Planning Commission Resolution No. 2014-23
APPLICANT
rP CONTACT THE BUI
,a 1 AND - DIVISION, (9 09) 9) w_ 9 -
i.. OR COMPLIANCE IAiLLi - COND TIO
GENERAL C OD IO
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..
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. lndoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
4. A complete drainage plan is required which shows drainage away from
building structures and property lines.
5. All balconies shall be designed for 601b./ft- 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.
1. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
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Planning Commission Resolution No. 2014-23
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:
�. The existing sewer line shall be a minimum 4" diameter or be upgraded
during construction.
2. 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.
3. 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.
4. 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.
5. 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.
6-. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
7. 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. 2014-23
8. 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.dig�alert.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 1/4"/ft 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.
14. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
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.
ME
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Planning Commission Resolution No. 2014-23