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HomeMy WebLinkAboutPC 2014-28A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL2014-516 FOR THE CONSTRUCTION OF A SECOND -STORY ADDITION CONSISTING OF 637 SQUARE FEET OF FLOOR AREA TO AN EXISTING 2,089 SQUARE -FOOT SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 610 SQUARE -FOOT GARAGE ON A 0.24 GROSS ACRE (10,450 SQUARE -FOOT) LOT; A MINOR CONDITIONAL USE PERMIT (MCUP) IS REQUESTED TO ALLOW A SECOND -STORY ADDITION TO AN EXISTING NONCONFORMING STRUCTURE WITH A FRONT SETBACK OF 17'-11" (WHERE 20 FEET IS REQUIRED) AND A NONCONFORMING DISTANCE OF 10 FEET TO THE STRUCTURE ON THE ADJACENT LOT TO THE EAST (WHERE 15 FEET IS REQUIRED) AT 22805 RIO LOBOS ROAD, DIAMOND BAR, CA 91765 (APN 8717-026-040). A. RECITALS 1. The property owners and applicants, Stephen Hannah and Tineke Norrdin, have filed an application for Development Review and Minor Conditional Use Permit No. PL2014-516 to construct an addition consisting of 637 square feet of floor area to an existing two-story, 2,089 square -foot residence with a 610 square -foot garage located at 22805 Rio Lobos Road, Diamond Bar, County of Los Angeles, California. 2. The following approvals are requested from the Planning Commission: (a) Development Review to construct second -story addition consisting of 637 square feet of floor area at the front and rear of the house. (b) Minor Conditional Use Permit (MCUP) to allow a second -story addition to an existing nonconforming structure with a front setback of 17'-11" (where 20 feet is required) and a nonconforming distance of 10 feet to the structure on the adjacent lot to the east (where 15 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 10,450 gross square feet (0.24 gross acres). It is located in the Low Medium Density Residential (RLM) zone with an underlying General Plan land use designation of Low Density Residential. 4. The legal description of the subject property is Lot 17 of Tract 37873, The Assessor's Parcel Number is 8717-026-040. 5. On October 17, 2014, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Dail Bulletin newspapers. On October 16, 2014, 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 October 17, 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 October 28, 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). The design and layout of the proposed second -story addition consisting of 637 square feet of floor area to the existing single family residence is consistent with the City's General Plan, City Design Guidelines and 2 Planning Commission Resolution No. 2014-28 development standards by meeting all required setbacks except the front setback due to an existing nonconforming front setback of 17 feet, 11 inches where 20 feet is required and a nonconforming distance of 10 feet to the structure on the adjacent lot to the east and where 15 feet is required. The addition is proposed at the front and rear of the residence. The proposed addition does not further encroach into the front setbacks or the distance to the structure on the adjacent lot to the east. 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. 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 architecture of the existing residence is a 1980s tract design with decorative half-timbering, stucco, and a gable roof with flat concrete tiles. 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 matching exterior colors and building materials. The roof of the proposed addition at the front of the house will be integrated with the existing roof by matching the existing 5:12 pitch. Although, the roof pitch of the addition at the rear of the house is 3:12, it will not be visible from the street. The project is designed to be compatible and complementary to the neighborhood. 3 Planning Commission Resolution No. 2014-28 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 part of the second story addition is located at the front of the house, the massing of the building is softened by creating articulation of the front facade through projections of the second story addition and the addition is setback between three and six feet from the garage on the first floor. 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. )r Conditional L Section 22.56.04 The proposed use is allowed ' wi#hin 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 RLM zone. A Minor Conditional Use Permit (MCUP) is requested to allow a second -story addition to an existing nonconforming structure with a front setback of 4 Planning Commission Resolution No. 2614-28 17'-11" (where 20 feet is required) and a nonconforming distance of 10 feet to the structures on the adjacent lot to the east (where 15 feet is required). The substandard distance from the structure to the front property line and the distance to the structures on the adjacent lots 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 637 square feet of floor area to an existing two-story home complies with the development standards of the RLM zone and will not further encroach into the nonconforming front setback or the distance between structures on adjacent lots. 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 the 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 637 square feet of floor area will not further encroach into the existing nonconforming front setback of 17'-11" feet to the front property line and a nonconforming distance of 10 feet to the structure on the adjacent lot to the east. The proposed project is located at the front and rear of the home. The design of the existing single-family dwelling and the proposed addition are compatible with the character of the existing homes in the neighborhood because neighboring properties have nonconforming setbacks. 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. 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 RLM zone and will not further encroach into the existing nonconforming front setback or the distance to the structures on the adjacent lots. 5 Planning Commission Resolution No 2094-28 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 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. 3. The construction documents submitted for Building and Safety Plan Check shall show the proposed stone veneer to be continued along the west elevation on the side of the garage. 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 and applicants, Stephen Hannah and Tineke Norrdin, 22805 Rio Lobos Road, Diamond Bar, CA 91765 6 Planning Commission Resolution No. 2014-28 APPROVED AND ADOPTED THIS 281h DAY OF OCTOBER 2014, BY THE PLANNING COMMISSION OF_TH.E--QTY OF DIAMOND BAR. F W I, Greg Gubmkn, Pa ming Commission Secretary, da hereby certify that the foregoing Resolution was cly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of October, 2014, by the following vote: AYES: Commissioners: Low, Mahlke, Pirritano, Chair/Farago NOES: Commissioners: None ABSENT: Commissioners: VC/Lin ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 7 DR/MCUP PL2014-515 111 I� COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use No. PL 2014-516 SUBJECT: To construct an addition consisting of 637 square feet of floor area to an existing single-family residence; and a Minor Conditional Use Permit (MCUP) is to'allow a second-storV addition to an existing nonconforming structure with a front setback of 17'_11" (where 20 feet is required) and a nonconforming_distance of 10 feet to the structure on the adjacent to the east (where 15 feet is required). PROPERTY Stephen Hannah & Tineke Norrdin OWNER(S)! 22805 Rio Lobos Rd. APPLICANT: Diamond Bar, CA 91765 LOCATION: 22805 Rio Lobos 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 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. PL2014-516 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. 8 Planning Commission Resolution No. 2014-28 (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. PL2014-516, 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. 2014-28, 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. 9 Planning Commission Reso€ution No. 2014-28 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) atthe 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 and Minor Conditional Use Permit No. PL2014-516 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 637 square -foot, second -story addition to an existing single -story home located at 22805 Rio Lobos 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. 10 Planning Commission Resolution No. 2014-28 A 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 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. 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. 11 Planning Commission Resolution No. 2014-28 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 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 six 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. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All fighting 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. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 12 Planning Commission Resolution No. 2014-26 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 2. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 3. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 4. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION: 1. Every permit issued by the Building 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. All storage of construction equipment and materials shall occur behind this fence. 4. Existing fencing shall remain in-place during construction including pool barrier fencing. Any alteration of the fencing may result in a discontinuation of construction until the fences are returned to its original state. 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. 3. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 4. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 13 Planning Commission Resolution No 2014-28 5. 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.or_q. 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. Decks, roofs, and other flat surfaces shall slope at least 114"M with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42" minimum in height, 4" maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 11. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 12. All plumbing fixtures including existing areas shall have low flow type fixtures installed consistent with California Civil Code Section 1101.1 to 1101.8. 13. A landing shall be provided at all exterior doors with a maximum drop of 1/2". 14. All sleeping rooms shall have an opening adequate for emergency egress. Openings shall be at least 24" minimum clear height, 20" clear width, 5.7 square foot opening, and a maximum of 44" sill height. END 14 Planning Commission Resolution No. 2014-28