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06/14/2016 PC Agenda
OP"LANNING June 14, 2016 7:00 P.M. City Hall, Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairperson Vice Chairperson Commissioner Commissioner Commissioner Jen ed" Mahike Raymond Wolfe Naila Barlas Frank Farago Ken Mok Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title /I of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoKIng, earing or G -Y _ - __j - drinking in the Windmill Community Room paper and encourages you to do the same City nfDiamond Ba[ Planning Commission MEETING RULES PUBLIC INPUT The meetings 0fthe Diamond ' Bar Planning CVn101isSioOare open tothe public. ADlenlbeFofthe public may address the CommissionOO the subject Of one or more agenda UBDls and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning CODlDliSSiOO. A F8qU8St to address the CODl[OiSSi0n should be submitted in writing at the public h88hDg' to the G8C[8tR[y of the Commission. . As @ g8n8[8| nJ|e, the'oppUrtUOit« for public CO[DDleOtS will take p|8CB at the discretion of the Chair. HOVVeVe[. in order to facilitate the meeting, persons who are interested parties for a 'n item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five D1iDWteS OO any it8[D| or the Chair may limit the total oDlUUOt of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. CoFnO08Dt8 and qU8StiOOo are vVelnODle SO that all points of view are CoOnid8[8d prior to the Commission making recommendations tothe staff and City Council. , In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at |88et 72 hours prior to the {}oOlDliSGiOO meeting. In case of emergency or when 8 subject matter arises subsequent tOthe posting of the agenda, upon making certain findings, the Commission may act onitem that isnot oDthe posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared h«the Planning Division Ofthe Community Development Department. Agendas are available 72hours prior tOthe meeting @tCity Hall and the public |ib[8[y. and may be 8CCeSGed by pe[SOD8| computer at the contact iDfO[nO@tiOO below. Every meeting of the Planning COOOnliGSiOO is recorded and duplicate P3COndiOgS are aV@i|8b|8 for 3 nominal charge. Acordless microphone iSavailable for those persons with mobility impairments who cannot access the public speaking area. The service of the c0ndie8S microphone and sign |8OgV8ge interpreter Genvio8S are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30a.[n. and 5:30 p.m., Monday through Thursday, and 7:30e.Dl. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the COOOrOiaSiOO, CDs Of Meetings /909\ 839-7080 Email: CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, June 14, 2016 Vluelglm PLEDGE OF ALLEGIANCE: Next Resolution No. 2016-17 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Frank Farago, Ken Mok, Vice Chairperson Raymond Wolfe, Chairperson Jen "Fred" Mahlke 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairperson 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): May 24, 2016 7.1 Development Review and Minor Conditional Use Permit No. PL2016-49 - Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owners are requesting Development Review and Minor Conditional Use Permit approval to construct a 1,121 square -foot addition to an existing single-family residence on a 0.18 gross acre (7,762.5 square -foot) lot. A Minor Conditional Use Permit (MCUP) is also requested to allow an addition exceeding over 50 percent of the existing square -footage to a nonconforming structure with a side setback of 7'-4" to the north property line (where 10 feet is required) and a nonconforming distance of 12'-4" to the structure on the adjacent lot to the north (where 15 feet is required). The subject property is zoned Low Medium Residential (RLM) with an underlying General Plan land use designation of Low Medium Residential (RLM). JUNE 14, 2016 Project Address: PAGE 2 PLANNING COMMISSION AGENDA 2311 Evergreen Springs Diamond Bar, CA 91765 Property Owner: Lawrance Lau and Sandy Cheng 2311 Evergreen Springs Diamond Bar, CA 91765 Applicant: Terence Kwok 260 E. Garvey Ave. Monterey Park, CA 91755 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(e)(1) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required Recommendation: Staff recommends that the Planning Commission approve Development Review and Minor Conditional Use Permit No. PI -2016-49, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects 10. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK/ MOVIES UNDER THE STARS: CITY COUNCIL MEETING: PARKS AND RECREATION COMMISSION MEETING: Wednesdays, starting June 15 through August 3, 2016. Tuesday, June 21, 2016 — 6:30 p.m. South Coast Air Quality Management District Auditorium, 21825 Copley Drive Thursday, June 23, 2016 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive JUNE 14, 2016 PLANNING COMMISSION MEETING: 4TH OF JULY HOLIDAY: , I NF I 1 0 0 0 4 so% N PEW 11. ADJOURNMENT: W-11,11 W I I WexoTeffirl VNI&I-11591-kiriTC14 ilk I Tuesday, June 28, 2016 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive In observance of the holiday, City offices will be closed. City offices will re -open on Tuesday, July 5, 2016. Thursday, July 14, 2016 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSIP-N MAY 24, 2016 Chair/Mahlke called the meeting to order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Naila Barlas, Frank Farago, Ken Mok, Raymond Wolfe, Vice Chairperson and Jennifer "Fred" Mahlke, Chairperson Also present: Greg Gubman, Community Development Director; David DeBerry, City Attorney; Grace Lee, Senior Planner; Kimberly Young, Senior Civil Engineer; Natalie T. Espinoza, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Mary Wehmeier spoke to the Commission about the Charles Company's plan to redevelop the Kmart Center. This weekend the ficus tree next to the McDonald's at the north end of town was illegally removed. Residents on the north end of Diamond Bar are very angry about the fact that this was removed early on Sunday morning and was cut in such a way that according to the City's Arborist it cannot be salvaged. If this is allowed to happen what else might such a developer do to this City. Although the development plan has not been officially submitted to the City, the plan that is floating around town includes over 400 homes and over 220 hotel rooms in .these two parcels. She asked that the Planning Commissioners use their common sense to understand that the original General Plan of Diamond Bar never would have allowed for this type of development and the residents do not want it. Douglas Barcon lives west of the SR57 and south of Sunset Crossing Road and he too, has the same issues regarding redevelopment of the Kmart property. He called the City yesterday and discovered that the ficus is not a protected species of tree. He spoke about consequences of and impacts to current businesses and MAY 24, 2016 PAGE 2 PLANNING COMMISSION traffic if the proposed plan is implemented along with other area projects. The tree was removed illegally and the remodeling of the Kmart Center needs to be carefully addressed in accordance with the City's sphere of influence and whether it will negatively impact the property owners and well-being of the community. The removal of the tree may be in violation of County laws. Julie Lagos, 23853 Twin Pines Lane, also spoke about the Kmart Center and said she was excited that perhaps Diamond Bar would no longer be a bedroom community. She believes this is a perfect opportunity for the City's revitalization. She understands there will be impacts to traffic and to the community but she has faith in her elected officials that they will do the right thing. Contrary to a previous speaker indicating that everyone was against this project, she and her friends who live in Diamond Bar are excited for change and they have faith in their Planning Commission and City Council. Brian Worthington spoke about the revitalization of the Kmart Center. The 40 foot view of the City has changed and although it is a commuter city it needs retail and redevelopment in north Diamond Bar in particular, and the idea of redoing the Kmart Center makes a lot of sense to him. What does not make sense is that the tree that has been in existence for the past 30-40 years was removed without communicating beforehand to the residents. He recommended that the Commissioners become involved in social media so that they are aware of these things happening and can address them immediately. The redevelopment of the Kmart Center is critical to this City that needs retail and tax revenue and he would like to see mixed-use at the Kmart Center. CDD/Gubman responded to speakers about remarks regarding the legality or lack thereof, of removal of the tree. City staff is very disappointed that the tree was removed without the opportunity to have a dialogue to discuss the possibility of integrating that tree into plans to repurpose the site, even though there was no requirement regarding mitigation because it is not a protected tree under the City's Ordinances. Still, that does not take away from the fact that there was an opportunity for discussion and consideration regarding whether or not the tree could have co -existed with the future development. Secondly, he does not believe it is the case that LA County had jurisdiction over the tree. The City is incorporated and local regulations over land use would prevail, and the action was taken within the rights of the property owner to do so. With respect to references to plans that have been seen online from the Charles Company website for very high intensity/high density development that included, among other things, 400 homes and 220 hotel rooms, that project is not a real project and is not being proposed. The City will not be reviewing a project of that MAY 24, 2016 PAGE 3 PLANNING COMMISSION magnitude. Several years ago at an International Council of Shopping Centers Conference, a rendering was shown depicting a development of that scale which extended from Golden Springs Drive to the freeway. To accommodate that project it consumed all of the land that included Golden Springs, the Best Western Hotel and all of the restaurants on that side of the street. As far as staff could tell this was an attempt by the Charles Company to attract interest to retailers and other commercial enterprises. Subsequent to that, the Charles Company asked Diamond Bar about what support there might be to build an outlet mall on the Kmart property. Again, it would require the consolidation of parcels that they apparently do not have ownership of at this time and it was questionable whether the site could support that much intensity. It would require a parking structure and infrastructure that the City would not be able to provide financial support to make it pencil out because Diamond Bar did not have a redevelopment agency. Through the City Manager's discussions with the Charles Company, the plan is to repurpose the Kmart building by dividing it into smaller tenant spaces ranging from 15,000 to 25,000 square feet possibly adding another 8,000 or so square feet to the north end of the current Kmart building. The tenant mix being described is a grocery chain store, a pet supply chain store, an apparel/home fashion retailer and possibly a standalone building that would accommodate a coffee house and fast food chain restaurant. The square footage would probably be a net increase of about 10,000 in addition to the size of the current Kmart building. The third speaker talked about opportunities for change and other ways to attract retail and other more diverse commercial uses to the City's commercial inventory. In response, he stated that the City's current General Plan is due for a comprehensive update. All cities are required to have a General Plan and ideally, General Plans should be updated about every 20 years. Diamond Bar's General Plan is about 21 years old now and the time is right for this venture. The City has gone through an RFP process and staff will be recommending a General Plan Consultant to prepare the General Plan and guide the City through the entire public outreach process. Staff intends to take the General Plan Consulting Services Agreement to the City Council at its June 21st meeting. This process will involve a lot of public outreach. There will be booths at as many community events as possible such as the Concerts in the Park, the City Birthday Party, Snowfest, etc. and there will be a dedicated website for the General Plan Update. There will also be public workshops, surveys and various outreach efforts. And as part of any General Plan process, there will be a General Plan Advisory Committee (GPAC) which will be comprised of a central core of community stakeholders that would be guiding other offshoots of the GPAC to look at certain topic areas of the City such as economic development, anti-mansionization perhaps, and creation of other MAY 24, 2016 PAGE 4 PLANNING COMMISSION 3. 4. housing types possibly near the Metrolink station in Industry. There will be many issues the City will have an opportunity to visit and to think about when it considers the community's aspirations for the next 20 years and there will be a very significant effort to reach out to the community to engage the community so that collectively, the updated General Plan document can be crafted. Chair/Mahlke asked if there is anything currently in plans or in rotation coming to the Planning Commission regarding remodeling of the Kmart anytime soon and CDD/Gubman said that all he is aware of is that the Charles Company is seeking Letters of Intent from major retailers to be involved in the redevelopment of that site (grocery story, fast food casual restaurants, apparel/home fashion and pet store). Chair/Mahlke said that Charles Company can say whatever they would like but it does not matter until a formal proposal gets to the City and CDD/Gubman said yes, that is absolutely the case. Chair/Mahlke thanked residents for voicing their concerns which is a very important part of city government — input and clear communication. She asked that they please continue to support the process, especially as the City goes through the General Plan update process and continue to build up north Diamond Bar. She loved that tree. It was one of her favorite trees in the City and she was very disheartened to see it taken down. She knows from being on social media that there have been talk of boycotting any potential business that come into town. She looks to her social network friends to be the voice of reason that residents will consider to build their City in whatever way deemed best with people who have been elected to office. She hopes for residents' continued support. APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 26, 2016. VCMolfe moved, C/Mok seconded to approve the Minutes of the Regular Meeting of April 26, 2016, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Farago ABSENT: COMMISSIONERS: None La", . — — MAY 24, 2016 PAGE 5 PLANNING COMMISSION 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 Review of Fiscal Year 2016-2017 Capital Improvement Program (CIP) Conformity with the General Plan CDD/Gubman explained that in some instances the Commission is acting in an advisory capacity to the City Council to approve or disapprove a project such as the General Plan update, a zone change, or a subdivision map. This item is different in that in this case the Commission is looking at the City's Fiscal Year Budget for 2016-2017 and part of the budget is always to fund various capital improvement projects. State law requires the Planning Commission to review the list of projects that are being considered by the City Council when approving the budget and determine whether or not those projects are consistent with the General Plan and whether these projects are furthering the goals, objectives and policies set forth in the General Plan. If found to be so, the Commission is asked to adopt the attached Resolution that makes the finding that indeed, these projects are consistent with the General Plan. SP/Lee presented staff's report and recommended that the Planning Commission find the Fiscal Year 2016-17 Capital Improvement Program (CIP) to be in Conformance with the City's General Plan. VC/Wolfe said he felt it would be important to consider replacing the Diamond Bar Center roof with something that has a longer life -span than 10 years. Secondly, Objective 2.1 at the bottom of Page 3 of the Circulation Element speaks to maximizing the use of alternative transportation modes within and through the City to decrease reliance on single passenger automobiles and he was curious what the City is doing to further this goal, if anything. SCE/Young stated that the Public Works Division works closely with the Metrolink Station to improve routes and also works directly with' Metrolink to enhance bike lanes and bike paths to promote alternative means of travel. Although there are no other immediate plans, these are goals of the City that staff will continue to work to fulfill. ear r,zc�MAY 24, 2016 PAGE 6 PLANNING COMMISSION SP/Lee said she would relay VC/Wolfe's concerns and recommendations to the Community Services Department regarding the replacement of roof at the Diamond Bar Center. Chair/Mahlke moved, C/Farago seconded, to Adopt the Resolution finding the proposed Fiscal Year 2016-2017 Capital Improvement Program in conformance with the General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2016-28 '— Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and property owners requested Development Review approval to construct a 1,058 square foot, single story addition to an existing 1,276 square foot, one-story single family residence with an attached 445 square foot garage on a 0.25 gross acre (10,717 gross square foot) lot. The subject property is zoned Low Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: Z116, �*. ��"W 1748 Morning Canyon Road Diamond Bar, CA 91765 Li and Dai Tian 1748 Morning Canyon Road Diamond Bar, CA 91765 Ming Huo 554 N. Nora Avenue West Covina, CA 91790 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review No. PL2016-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. r-,-\ n 747) MAY 24, 2016 PAGE 7 PLANNING LC�0011M With no one present who wished to speak on this matter, Chair/Mahlke closed the public hearing. VC/Wolfe moved, C/Barlas seconded, to approve Development Review No. PI -2016-28, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review and Tree Permit No. PL2015-144 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.38, the applicant and property owner, Lawrence Wang, on behalf of Grandway USDEV I B LLC, requested Development Review approval to demolish an existing single family residence and construct 8,989 square foot, single family residence with a 745 square foot garage and 1,050 square feet of patio/deck area, and preserve a portion of an existing accessory to accommodate a 1,299 square foot recreation building on a 1.27 gross acre (55,450 gross square foot) lot. A Tree Permit was also requested to protect two (2) coast live oak trees. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. W 0 n •a W MEXNMU�= HICIZIN M�� 2163 Indian Creek Road Diamond Bar, CA 91765 Lawrence Wang, on behalf of Grandway USDEV I B LLC 55 S. Lake Avenue #700 Pasadena, CA 91101 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review and Tree Permit No. PI -2015-144, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. MAY 24, 2016 PAGE 8 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Mahlke closed the public hearing. VC/Wolfe asked about the location of the two trees because it appeared to him that they are straddling the property line on the site plan. AP/Espinoza said she spoke with the neighboring property owners this afternoon and they were concerned about the trees. She explained to them that these trees were to be protected and she showed them the Conditions of Approval and they were fine with the protection because it is temporary. Once the project is completed, the chain link fence and protection zone will be removed. Clarification was made that the protective fencing would only be located on the subject property and will not encroach on to the neighbor's property. C/Farago moved, C/Barlas seconded, to approve Development Review and Tree Permit No. PL2015-144, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review and Minor Conditional Use Permit No. PL2015-321 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to remodel the exterior fagade and construct an addition consisting of 4,504 square feet of livable area, 1,602 square feet of additional garage area, and 336 square feet of balcony/porch area to an existing 3,771 square foot, one-story single family residence with an attached 565 square foot garage on a 1.48 gross acre (64,469 gross square foot) lot. A Minor Conditional Use Permit was requested to allow an addition to an existing nonconforming structure with a front setback of 25 feet (where 30 feet is required). The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 24085 Falcons View Drive Diamond Bar, CA 91765 MAY 24, 2016 FgM:1111141 PLANNING COMMISSION Kenny Su 24085 Falcons View Drive Diamond Bar, CA 917865 John Ma 10904 Grand Avenue Temple City, CA 91780 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2015-321, based on the Findings of Fact, and subject to the conditions of approval as listed with the resolution. Chair/Mahlke opened the public hearing. With no one present who wished to speak on this item, Chair/Mahlke closed the public hearing. VC/Wolfe asked if staff believed there should be a deed restriction on this item similar to the last project and AP/Espinoza said that based on the floor plan staff was not concerned. He again stated his concerns because of the addition to the second floor which he felt was similar to the concerns on the last project. AP/Espinoza responded that in the case of the last project the builder will be selling the property. In this case the owner will be living at the property once the project is complete. Additionally, on the second floor, the den area connects all of the bedrooms and there is no sectioned -off area for a common room on the second floor. However, if the Planning Commission wishes to add a deed restriction it will be included as a Condition of Approval. CDD/Gubman explained that the applicant should be asked if they would be agreeable to adding the condition prior to proceeding with the vote. Chair/Mahlke reopened the public hearing. The applicant John Ma explained that Dr. Su recently lost his wife and the owner's son and his family will be moving into the house which is the reason for the addition and they are not opposed to the condition if the Commission believes it is suitable. This building is not for sale, it is for the use of the current property owner. Chair/Mahlke closed the public hearing. MAY 24, 2016 VX1CJ A I If, 1:1 W11 N ii, I Mlexele] J1 I J1 I• VC/Wolfe moved, C/Farago seconded, to approve Development Review and Minor Conditional Use Permit No. PI -2015-321, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a deed restriction as a Condition of Approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/IN FORMATIONAL ITEMS: None VC/Wolfe said it is important that the City garner as much community input as possible as the City works through the General Plan update and he is excited to have the opportunity to participate in that venture. He looks forward to working with staff and hopefully the broader community. C/Barlas said that she and her son were sorry to see the tree go away. While there is a limitation as to what can be done it would have been appreciated if the developer had entered into a dialogue with the City before proceeding. Chair/Mahlke said she understood how people feel about the tree. It was her favorite tree in the City and she appreciated the information about its taking was brought forward to the Commission tonight because it helps the City to be more successful in addressing these types of issues in the future. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that for the next meeting of June 14 there is one confirmed item slated which is an addition to a single family residence at 2311 Evergreen Drive. i[IIIIIIIIIIIII&A M 1:4 bill 4 4W As listed in tonight's agenda. Chair/Mahlke noted that Memorial Day approaches and that offices will be closed on Monday, May 30. Standard meetings apply and the good news is that this year's Concerts in the Park and Movies under the Stars series will begin June 15. rr� Y-) mi, FA T7 MAY 24, 2016 PAGE 11 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 8:10 p.m. The foregoing minutes are hereby approved this 14th day of June, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jennifer Mahlke, Chairperson MINI WO -1 CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: June 14, 2016 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL2016-49 PROJECT LOCATION: 2311 Evergreen Springs Drive Diamond Bar, CA 91765 (APN 8285-003-004) GENERAL PLAN DESIGNATION: Low Medium Density Residential (RLM) ZONING DISTRICT: Low Medium Density Residential (RLM) PROPERTY OWNER: Lawrance Lau and Sandy Cheng 2311 Evergreen Springs Diamond Bar, CA 91765 APPLICANT: Terence Kwok 260 E. Garvey Ave Monterey Park, CA 91755 P -MI W�_VA The applicant is requesting approval of a Development Review (DR) application to construct a 1,121 square -foot single -story addition to an existing 1,288 square -foot, one-story, single-family residence with an attached 521 square -foot garage on a 7,763 square -foot lot. A Minor Conditional Use Permit (MCUP) is also requested to allow an addition exceeding over 50 percent of the existing square -footage to a nonconforming structure with a side setback of 7'-4" to the north property line (where 10 feet is required) and a nonconforming distance of 12'- 4" to the structure on the adjacent lot to the north (where 15 feet is required). Adopt the attached Resolution (Attachment 1) approving Development Review and Minor Conditional Use Permit No. PL2016-49, based on the findings of Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, subject to conditions. 71.-TiTWq;fffr f7r9l, W -II -11, , The project site is located on the west side of Evergreen Springs Drive, between Lost River Drive and Sunbright Drive. The property was developed in 1963 under Los Angeles County standards with a 1,288 square -foot single family residence and a 521 square -foot garage on a 0.18 gross acre (7,762.5 square -foot) lot. There are no protected trees on site. The property is legally described as Lot 19 of Tract No. 25987, and the Assessor's Parcel Number (APN) is 8285-003-004. Project Description The proposed addition is located at the rear of the existing residence. The addition consists of the following components: PROJECT SUMMARY (square footage) Living Area Existing 1,288 New 1,121 Total Living Area 2,409 Garage/Storage/Porch Garage 521 Porch 25 Total Area 546 TOTAL FLOOR AREA 2,955 The existing single -story home consists of common areas (living room, dining room, den, laundry room, and kitchen), three bedrooms, and two bathrooms. The applicant is proposing to create two bedrooms and two bathrooms in the rear of the house and convert an existing bedroom into a master bedroom closet. Additionally, the applicant is proposing to relocate the kitchen and add, a family room at the rear of the house and demolish portions of the wall between the existing den and living room. The height of the existing house is 16 feet. The height of the proposed addition is 16'-8", measured from the finished grade to the highest point of the roofline. The existing residence has a front setback of 20 feet and a rear setback of 57 feet. The south side setback is 6 feet. The existing residence has a nonconforming north side setback of 7'-4" (where 10 feet is required) and a nonconforming building separation of 12'-4" to the house on the lot to the north (where a 15 -foot separation is required). By definition, the residence is considered a "nonconforming structure" (DBMC Section 22.68.030). Approval of a Minor Conditional Use Permit is required to allow an expansion of a nonconforming structure if the expansion is greater than 50 percent of the existing square footage of all structures, or if the expansion is not limited to the ground floor. Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 2 of 8 Site and Grading Configuration: The subject property is a rectangular -shaped lot. The existing house is situated on a leveled pad, and is not a hillside property. A pool at the rear of the house currently occupies the location of the proposed addition. The existing pool will be demolished and soil will be imported to extend the building pad for the proposed addition. There will be no grading on the site. Minimal excavation will be required for footings and foundation placement for the addition. Architectural Features, Colors, and Materials- The architecture of the existing residence is a 1960s ranch style tract design with stucco and composition shingles on a gabled roof. The proposed design will maintain architectural integrity by matching existing window styles, exterior colors and building materials. The roof of the proposed addition will match the existing roof style, pitch, and materials. The following table describes the surrounding land uses located adjacent to the subject property: Site Low Medium Density RLM Single Family Residential Residential North Low Medium Density RLM Single Family Residential Residential I South Low Medium Density Residential RLM Single Family Residential Low Medium Density RLM Single Family Residential ; East ResidentialJ West 11 School 11 RLM 11 Diamond Bar High School Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 3 of 8 Site Aerial Project Site Development Review and Minor Conditional Use Permit No. PL2U18~1S Page 4nf8 Adjacent Property to the South Adjacent Property to the North Review Authority (DBMC Sections 22.48 and 22.56) The proposed project requires two separate, but interrelated, land use approvals: Development Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that follows provides the basis for staff's recommendation to approve the DR and MCUP applications. Development Review (DBMC Chapter 22.48) Additions that are equal to or greater than 50 percent of the existing habitable floor area of all existing structures on site or substantially change the appearance of an existing residence require Planning Commission approval of a DR application. Development Review approval is required to ensure compliance with the City's General Plan policies, development standards, and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. As stated in Section 22.48.010 of the Development Code, the Development Review process was established to ensure that new development and additions to existing development are consistent with the General Plan "through the promotion of high functional and aesthetic standards to complement and add to the economic, physical, and social character" of Diamond Bar. Development Standards: The following table compares the proposed project with the City's development standards for residential development in the RLM zone: Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 5 of 8 * Minor Conditional Use Permit is reauested to allow the continuation of a nonconformina structure because the addition is greater than 50 percent of the existing home. See MCUP discussion below. ** The intent of this requirement is the distance between habitable buildings (i.e. the main dwellings) Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City's Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 2,500 square feet.or less was being installed or altered. However, landscaping that is damaged during construction will need to be restored upon project completion. This requirement is included as a condition of approval. Minor Conditional Use Permit QBMC Chapter 22.56) An MCUP is required if a change or expansion of a nonconforming structure is greater than 50 percent of the existing square footage of all structures on site, or if the addition is not limited to the ground floor. Current development standards require a minimum setback of 5 feet from one side property line and 10 feet on the other, and 15 feet to the houses on the adjacent lots. The existing residence has a nonconforming side setback of 7'-4" to the north property line and 12'-4" to the house on the adjacent property to the north. The south side meets the minimum setback of 6 feet. The proposed addition complies with the development standards of the RLM zone, and will maintain the existing nonconforming north side setback and distance to the house on the adjacent lot to the north. The proposed addition does not further encroach into the existing side setbacks nor to the distance requirement between structures on adjacent lots. There is an existing patio cover and storage shed to the neighboring property to the south, which is located within the 15 -foot building separation requirement; however, the distance separation requirement does not apply to accessory structures. The proposed addition will continue the same building setback line of the existing house. The City recognizes that homeowners should be allowed to make appropriate improvements to their properties, even if the existing improvements do not fully conform to current Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 6 of 8 Develo enter J1 0 1l -n-s 10'-0" on one side and T-4" — north side T-4" — north side Sir rl, the other side 6'— south side 6'— south side 12'-4"— north side12'-J,"— north side 23'- south side 23'- south side .�� Coinerag Maximum of 40% � � ,�-'�� 1 I PRA R 2 -car garage 2 -car garage 2 -car garage * Minor Conditional Use Permit is reauested to allow the continuation of a nonconformina structure because the addition is greater than 50 percent of the existing home. See MCUP discussion below. ** The intent of this requirement is the distance between habitable buildings (i.e. the main dwellings) Landscaping: Landscape plans are not required because the site is already developed, and because the project is exempt from the City's Water Efficient Landscaping Ordinance. The ordinance would only apply if new or rehabilitated landscaping of 2,500 square feet.or less was being installed or altered. However, landscaping that is damaged during construction will need to be restored upon project completion. This requirement is included as a condition of approval. Minor Conditional Use Permit QBMC Chapter 22.56) An MCUP is required if a change or expansion of a nonconforming structure is greater than 50 percent of the existing square footage of all structures on site, or if the addition is not limited to the ground floor. Current development standards require a minimum setback of 5 feet from one side property line and 10 feet on the other, and 15 feet to the houses on the adjacent lots. The existing residence has a nonconforming side setback of 7'-4" to the north property line and 12'-4" to the house on the adjacent property to the north. The south side meets the minimum setback of 6 feet. The proposed addition complies with the development standards of the RLM zone, and will maintain the existing nonconforming north side setback and distance to the house on the adjacent lot to the north. The proposed addition does not further encroach into the existing side setbacks nor to the distance requirement between structures on adjacent lots. There is an existing patio cover and storage shed to the neighboring property to the south, which is located within the 15 -foot building separation requirement; however, the distance separation requirement does not apply to accessory structures. The proposed addition will continue the same building setback line of the existing house. The City recognizes that homeowners should be allowed to make appropriate improvements to their properties, even if the existing improvements do not fully conform to current Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 6 of 8 development standards. Therefore, the City has established the IVICUP process for such additions, subject to the findings set forth in the Development Code. IVICUPs are normally subject to approval of the City's Hearing Officer (typically the Community Development Director). However, because this IVICUP is being reviewed as part of a DR application, both land use entitlements are subject to review and approval of the Planning Commission. Staff believes that approving the IVICUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: The existing dwelling was built in 1963, prior to the incorporation of the City of Diamond Bar; The proposed addition does not further encroach into the existing nonconforming 7'-4" setback from the north side property line and distance between structures on adjacent lots of 12'-4" to the north adjacent structure; 0 The proposed addition continues the same building setback line of the existing house; 0 The proposed addition is located at the rear of the residence; and Neighboring properties have nonconforming setbacks and distances between structures on adjacent lots, so the proposed project will remain consistent with other homes within the neighborhood. The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The project is designed to be compatible with the character of the existing homes in the neighborhood. The addition is proposed at the rear of the existing residence, set back 25 feet from the rear property line. The addition does not further encroach into the existing side setbacks nor into the existing distances between structures to adjacent lots. The proposed addition continues the same building setback line of the existing house, is visually integrated with the existing house, and the structure on the neighboring property is an existing permitted structure. The proposed roof style, pitch and materials will match the existing. 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. The project incorporates the principles of the City's Residential Design Guidelines as follows: A gradual transition between the addition and existing residence is achieved through appropriate setbacks, building height and window and door placement; Roof lines are representative of the design and scale of the structure through vertical and horizontal articulations; Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 7 of 8 0 Placement and relationship of windows, doors, and other window openings are carefully integrated with the building's overall design; 0 The addition is visually integrated with the primary structure, by utilizing similar colors and materials throughout the proposed addition; 0 Roof type, pitch and materials of the addition match the primary structure; and 0 Large wall expanses without windows or doors are avoided. The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. WWI �01 �Tlzfil On June 3, 2016, public hearing notices were mailed to property owners within a 1000 -foot radius of the project site. On June 3, 2016, the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. Public Comments Received On June 6, 2016, staff received a phone inquiry from a resident in the vicinity of the proposed project requesting more information on the design of the project. Staff explained that the addition is proposed at the rear of the existing residence, set back 25 feet from the rear property line, and it will be visually integrated into the existing home and not negatively impact the look and character of the neighborhood. The resident had no further comments or concerns. A-11OUT11111 This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further environmental review is required. ZMEEM G�, Amy Kreimeier Planning Intern Attachments: Reviewed by: Gr'keJ . ee" Senior Planner 1. Draft Resolution No. 2016 -XX and Standard Conditions of Approval 2. Site Plan, Floor Plans, and Elevations Development Review and Minor Conditional Use Permit No. PL 2016-49 Page 8 of 8 PLANKING COMMISSION RESOLUTION NO. 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2016-49 TO CONSTRUCT A 1,121 SQUARE -FOOT SINGLE -STORY ADDITION TO AN EXISTING 1,288 SQUARE -FOOT, ONE-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 521 SQUARE -FOOT GARAGE ON A 0.18 ..GROSS ACRE (7,762.5 GROSS SQUARE -FOOT) LOT. A MINOR CONDITIONAL USE PERMIT IS REQUESTED TO CONTINUE A NONCONFORMING SIDE SETBACK OF 7'-4" TO THE NORTH PROPERTY LINE (WHERE 10 FEET IS REQUIRED) AND NONCONFORMING DISTANCE OF 12'-4" TO THE STRUCTURE ON THE ADJACENT LOT TO THE NORTH (WHERE A BUILDING SEPARATION OF 15 FEET IS REQUIRED) AT 2311 EVERGREEN SPRINGS, DIAMOND BAR, CA 91765 (APN 8285-003-004). A. RECITALS 1. The property owner, Lawrance Lau and Sandy Cheng, and applicant, Terence Kwok, have filed an application for Development Review and Minor Conditional Use Permit No. PL2016-49 to construct a single -story addition consisting of 1,121 square feet of floor area to an existing 1,288 square -foot, one-story, single-family residence with an attached 521 square -foot, two -car garage located at 2311 Evergreen Springs, Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Proposed Project." 2. The following approvals are requested from the Planning Commission: (a) Development Review to construct a one-story addition consisting of 1,121 square feet of floor area. (b) Minor Conditional Use Permit to allow an addition over 50 percent of the existing square footage to a nonconforming structure with a preexisting side setback of 7'-4" to the north (where 10 feet is required) and nonconforming distance of 12'-4" to the structure on the adjacent lot to the north (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 7,762.5 gross square feet (0.18 gross acres). It is located in the Low Medium Density Residential (RLM) zone with an underlying General Plan land use designation of Low Medium Density Residential. 4. The legal description of the subject property is Lot 19 of Tract No. 25987. The Assessor's Parcel Number is 8285-003-004. 5. On June 3, 2016, public hearing notices were mailed to property owners within a 1000 -foot radius of the Project site. On June 3, 2016, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers; and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 6. On June 14, 2016, 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 15301 (e) (additions t - o 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, 22.56, and 22.68 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 one-story addition consisting of 1,121 square feet of floor area to an existing single family residence is consistent with the City's General Plan, City Design Guidelines and development standards by complying with all required setbacks, with the exception of an existing nonconforming north side setback of 7'4", where 10 feet is required, and nonconforming distance to the structure on the adjacent 2 Planning Commission Resolution No. 2016 -XX lot of 12'4' to the north, where 15 feet is required. The addition is located at the rear of the existing house. 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 addition is proposed at the rear of the house and continues the same building setback line as the existing house. The addition does not further encroach into the nonconforming north side setback of 7'4' and nonconforming distance to the structure on the adjacent lot of 12'4" to the north. 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 architecture is a 1960s ranch style tract design with stucco and composition shingles on,a gabled roof. The applicant is proposing to retain the existing building form and will match the existing roof style, pitch and materials. Therefore, the addition will be visually integrated into the existing home and not negatively impact the look and character of 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 existing architecture is a 1960s ranch style tract home with stucco and composition shingles on a gabled roof. The applicant is proposing to retain the existing building form and will match the existing roof style, pitch and materials. The single -story addition is located at the rear of 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. 3 Planning Commission Resolution No. 2016 -XX 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. Minor Conditional Use Permit Findings (DBMC Section 22.56.0401 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 RLM zone. A Minor Conditional Use Permit (MCUP) is requested to allow an addition over 50 percent of the existing square footage to a nonconforming structure with a preexisting side setback of 7-4" to the north (where 10 feet is required) and nonconforming distance of I2'-4" to the structure on the adjacent lot to the north (where 15 feet is required). The preexisting substandard north side setback and distance between structures on the adjacent lot 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. The proposed addition consisting of 1,121 square feet of floor area to all existing one-story home complies with the development standards of the RLM zone. The proposed addition maintains the same building setback line of the existing house. 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. 4 Planning Commission Resolution No. 2016 -XX 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 1,121 square feet of floor area will not further encroach into the existing nonconforming 7-4" north side setback or nonconforming 12'-4" distance to the adjacent structure to the north. The design of the proposed addition is compatible with the existing house and will not have an impact on privacy as it maintains the same building setback line of the existing house. The proposed one-story addition is located at rear of the house. 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 the applicant is proposing to retain the existing building form. Therefore, the addition will be visually integrated into the existing home and not negatively, impact the look and character of 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. 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 with the exception of an existing nonconforming north side setback of 7-4", where 10 feet is required, and nonconforming distance to structures on the adjacent lot of 12'-4" to the north, where 15 feet is required. 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. 5 Planning Commission Resolution No. 2016 -XX Non Conforming Structures Findings (DQMQ Section 22.68.030) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with other structures in the neighborhood. The proposed one-story addition of floor area is consistent with the development standards for the RLM zone. The existing single-family dwelling and the proposed addition consisting of 1,121 square feet of floor area will comply with current development standards and not further encroach into the existing nonconforming side setback of 7'4' to the north side property line or nonconforming 12'4' distance to the adjacent structure to the north. The design of the proposed addition is compatible with the existing house, continues the same building setback line of the existing house, and will not have an impact on privacy. The proposed project is located at the rear of the existing home. The existing and proposed land use is consistent with the surrounding land uses and structures in the neighborhood. Additionally, the neighboring properties also have nonconforming setbacks and distances to adjacent structures, so the proposed project will remain consistent with other homes within the neighborhood. 2. inconsistent with the general plan or 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. I 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing and proposed land use is consistent with the surrounding land uses with similar side setbacks. The proposed addition of floor area is consistent with the development standards for the RLM zone with the exception of an existing nonconforming north side setback of 7'-4'; where 10 feet is required, and nonconforming distance to structures on adjacent lots of I2'-4" to the north, where 15 feet is required. The structures on the adjacent lot to the north and the subject property are legal nonconforming. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood. 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/Engineering Departments requirements. 6 Planning Commission Resolution No, 2016 -XX 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. 5. Detrimental and/or injurious to property and improvements in the neighborhood. The addition to the existing single-family dwelling unit will be constructed in a manner similar with existing dwelling units located in the surrounding community and will not be detrimental and/or injurious to property and improvements in the neighborhood. 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. 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 applicant, Terence Kwok, 260 E. Garvey Ave, Monterey Park, CA 91755, and property owners, Lawrence Lau and Sandy Cheng, 2311 Evergreen Springs Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 14TH DAY OF JUNE 2016, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. IN Jennifer Mahike, Chairperson 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 14th day June, 2016, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 7 Planning Commission Resolution No. 2016 -XX COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS7 COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review and Minor Conditional Use Permit No. PL 2016-49 SUBJECT: To construct a 1,121 square -foot one-story addition to an existing 1,288 square foot, one-story single-family residence with an attached two -car garage; and Minor Conditional Use Permit to allow an addition over 50 -percent of the existing square -footage to an existing nonconforming structure with a side setback of 7'-4" to the north (where 10 feet is required) and nonconforming_ distance of 12'-4" to the structure on the adjacent lot to the north (where 15 feet is required). PROPERTY Lawrance Lau and Sandy Cheng OWNER: 2311 Evergreen Springs Diamond Bar, CA 91765 APPLICANT: Terence Kwok 260 E. Garvey Ave Monterrey Park, CA 91755 LOCATION: 2311 Evergreen Springs Drive, Diamond Bar, CA 91765 111112 111111! 111111 11 11 1 ! 1112 11 � I I I I I I i I �i SRI I i I Z I I I I d I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. PL2016-49 brought within the time 8 Planning Commission Resolution No. 2016 -XX 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 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. PL2016-49, 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. 2016 -XX, 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 Planning Commission Resolution No. 2016 -XX 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. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review and Minor Conditional Use Permit No. PL2016-49 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 one-story addition consisting of 1,121 square feet of floor area to an existing single-family residence located at 2311 Evergreen Springs, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed herein. 10 Planning Commission Resolution No. 2016 -XX 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 and Minor Conditional Use Pe , rmit 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. 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. 11 Planning Commission Resolution No. 2016 -XX 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. E. 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. 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 the grading plan 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. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 1. Detailed drainage system information pf the lot with careful attention to any flood hazard area 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. 12 Planning Commission Resolution No. 2016 -XX Ill. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 CAL Green 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 CAL Green Code. Plan Check — Items to be addressed prior to plan approval: 3. 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. 4. 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). 5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0). 6. "Separate permits are required for pool and patio demolition" and shall be noted on plans. 7. All easements shall be shown on the site plan. 8. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 9. The electrical service size shall be justified adequate to provide power to the existing plus addition. Permit — Items required prior to building permit issuance: 10. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of 13 Planning Commission Resolution No. 2016 -XX Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 11. 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. 12. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 13. 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. Construction — Conditions required during construction: 14. 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. 15. 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. 16. All equipment staging areas shall be maintained in an, orderly manner and screened behind a minimum 6' high fence. 17. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 18. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 19. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 20. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 14 Planning Commission Resolution No. 2016 -XX 21. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 22. 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. Drainage shall pass through the existing block wall to allow water to flow to the street. 23. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 24. All plumbing fixtures, including those in existing areas, shall be low -flow models consistent with California Civil Code Section 1101.1 to 1101.8. 25. The pool demolition area shall be recompacted with compaction certification from a geotechnical engineer. 26. The existing sewer lateral size must be at least 4" minimum per CPC Table 703.2 footnote 4. 14,11 1 BI 15 Planning Commission Resolution No. 2016 -XX FLOOR FLAN SCALE- 1/4°=1'-O" I Fga=T DATA oNeR, LAPPANCE LAU 4 SANDY CHEW7 ADDRESS: 2311 EVER6REEN 5PRIN65 LN, DIAMOND BAR, CA 11165 LOT SIZE: 615, x 115.0, = 711625 S.F. EXIST. LIVING AREA: 1;256 5F-. NEW LIVING AREA, 1,121 S.F. TOTAL LIVING AREA, 2,404 S.F. EXIST. PORCH SIZE: 25 S.F. EXIST. 6ARA6E 4 LAUNDRY AREA: 521 S.F LOT COVERAGE: 56% FAR- 031 SCOPE OF PM 1. ADD 2 5EPROOM5, 2 5ATH5 4 FAMILY TO REAR PORTION OF EXIST. HOUSE. 2. RELOCATI! EXIST. KITCHEN To WA AREA. B. CONVERT UST. BEDROOM III To MASTER BEDROOM CLOSET. 4. DEMOL15N PORTION OF INALI-5 5ETAEEN EXIST. DEN 4 LIVIN6 RM,. E C E I E D OTY OF DIANION'D BAR NE1191490f;W6 HOUSE 0 AW COVSED P 01�6 www) EXIST. 2 -CAR 6ARASe 4 LAUNDRY --7 521 S.F. EXIST. I -STORY HOUSE 1,288 Sf. NEIGHBO9 kijau�nt. FATIORIN 5iolr(l SnQ NM*EORIN6 Wr-e EMSTONG ONE PLAN HOUSE �clpccnt, 221 =99� NZ NZ MA94 EXIST. 2 -CAR WE 4 LAUNDRY 5215.F. EXIST. I -STORY HOUSE 1,288 S.F. 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I am employed by the City of Diamond Bar. On June 10, 2016, a copy of the Planning Commission Agenda was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 21800 Copley Drive Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 10, 2016, at Diamond Bar, California. Stella Marquez CDAzstel I a\affi dav i tpostin g. doc