HomeMy WebLinkAboutPC 2016-05PLANNING COMMISSION
RESOLUTION NO. 2016-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR ,CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO. PL2015-464 FOR THE CONSTRUCTION OF A ONE-STORY ADDITION
CONSISTING OF 464 SQUARE FEET OF FLOOR AREA TO AN EXISTING
1,752 SQUARE -FOOT, ONE-STORY SINGLE-FAMILY RESIDENCE WITH AN
ATTACHED 457 SQUARE -FOOT, TWO -CAR GARAGE ON A 0.54 GROSS
ACRE (23,590 SQUARE -FOOT) LOT AT 21458 COLD SPRING LANE,
DIAMOND BAR, CA 91765 (APN 8714-001-012).
A. RECITALS
The applicant, Jason Sun, has filed an application for Development Review
No. PL2015-464 to construct a one-story addition consisting of 464 square
feet of floor area to an existing 1,752 square -foot, one-story single-family
residence with an attached 457 square -foot, two -car garage located at
21458 Cold Spring Lane, Diamond Bar, County of Los Angeles, California.
2. The following approval is requested from the Planning Commission:
(a) Development Review to construct a one-story addition consisting. of
464 square feet of floor area.
Hereinafter in this Resolution, the subject Development Review shall be
referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 23,590 gross square
feet (0.54 gross acres). It is located in the Low Density Residential (RL)
zone with an underlying General Plan land use designation of Low Density
Residential.
4. The legal description of the subject property is Lot 19 of Tract 32974. The
Assessor's Parcel Number is- 8714-001-012.
5. On January 11, 2016, public hearing notices 'were mailed to property
owners within a 1,000 -foot radius of the Project site. On January 15, 2016,
notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. In
addition to the published and mailed notices, the project site was posted
with a public hearing notice on a display board, and the notice was posted
at the City's three designated locations.
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6. On January 26, 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.
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.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48, this Planning Commission
hereby finds as follows:
Development Review Findinqs (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
464 square - feet of floor area to the existing one-story single-family
residence is consistent with the City's General Plan, City Design Guidelines
and development standards. The one-story addition will be added at the
front of the existing home. The proposed design will maintain architectural
integrity by incorporating matching 'exterior colors and building materials.
The roof of the proposed addition will match the existing 4:12 gabled roof
pitch. The mass and scale of the .addition to the front of the home are
proportionate to the existing house.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
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Planning Commission Resolution No. 2015-005
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 late 1970s tract design with
textured stucco and wood siding on exterior walls, and a gabled roof with
flat asphalt shingle tiles. The existing chimney at the front elevation will be
removed entirely. The proposed design will maintain architectural integrity
by incorporating matching exterior colors and building materials. The
applicant will be adding a few modem elements to the front such as stacked
stone veneer and incorporation of a more prominent front entry. The roof
of the proposed addition will match the existing 4:12 gabled roof pitch. The
mass and scale of the addition at the front of the home are proportionate to
the existing house.
The proposed 464 square -foot addition at the front of the home will have
windows on the east elevation, adjacent to an existing single-family
residence. However, the addition is adjacent to the neighbor's garage that
is not considered habitable living area. In addition, the garage does not
have any windows. The project will maintain privacy views looking to/from
adjacent properties.
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.
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Planning Commission Resolution No. 2015-005
The architecture of the existing residence is a late 1970s tract design with
textured stucco and wood siding on exterior walls, and a gabled roof with
flat asphalt shingle tiles.. The existing chimney at the front elevation will be
removed entirely. The proposed design will maintain architectural integrity
by incorporating matching exterior colors and building materials. The
applicant will be adding a few modem elements to the front such as stacked
stone veneer and incorporation of a more prominent front entry. The roof
of the proposed addition will match the existing 4:12 gabled roof pitch. The
mass and scale of the addition at the front elevation of the home are
proportionate to the existing house.
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 propertiesor 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 thepermit and inspection process, the referenced agencies will
ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (additions to existing structures) of the CEQA guidelines.
Based upon the findings and, conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
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 property owner and applicant, Adam Hui Gu, 21458 Cold
Spring Lane, Diamond Bar, CA 91765.
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Planning Commission Resolution No. 2015-005
APPROVED AND ADOPTED THIS 26th DAY OF JANUARY 2016, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: 1hit
Je—jr M IIke, ice ChaiFp�e`r���
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 26th day of January, 2016, by the following vote:
AYES: Commissioners: Farago, Nishimura, Wolfe, VC/Mahlke
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
By:
Greg Gubman, Community Development Director
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DR PL2015-464
COMMUNITY DEVELOPMENT DEPARTMENT
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AN*
REMODELED STRUCTURES
PROJECT #: Development Review No. PL 2015-464
SUBJECT: To construct a one-story addition consisting of 464 square feet
of floor area to an existing 1,762 square -foot, one-story single-
family rresidence with an attached 467 square -foot, two -car
garage.
FROPERTY Adam Hui Gu ,
IWNER: 21458 Cold Spring Lane
Diamond Bar, CA 91765
APPLICANT: Jason Sun
2275 Huntington Drive #347
San Marino, CA 91108
LOCATION: 21458 Cold Spring Lane, Diamond Bar, CA 91765
;qpl1qqqj
111,
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1 The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul, the approval of Development Review
No. PL2015-464 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:
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Planning Commission Resolution No. 2016-005
(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 foranypurpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review No. PL2015-464, at the City of
Diamond Bar Community Development Department, their affidavit stating
that they are aware. of and agreeto 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. 2016-05, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are, not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions�of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
as grading, tree removal, encroachment, building, etc.,) or approved use
has commenced, whichever comes first.
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Planning Commission Resolution No. 2015-005
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The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, PublicWorks Department, and the Fire Department.
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition,
the applicant shall pay all remaining prorated City project review and
processing fees prior to issuance of grading., or building permit, whichever
comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
1. The approval of Development Review No. PL2015-464 expires within two
years from the date of approval if the use has not been exercised as defined
pursuant to Diamond Bar Municipal Code (DBMC) Section 22.66.050'(b)(1).
In accordance with DBMC Section 22.60.050(c), the applicant may request,
in writing, a one-year time extension for Planning Commission
consideration. Such a request must be submitted to the Planning Division
prior to the expiration date and be accompanied by the review fee in
accordance with the Fee Schedule -in effect at the time of submittal.
SITE DEVELOPMENT
1. This approval is to construct a 464 square -foot, one-story addition to an
existing one-story home located at 21458 Cold Spring Lane, as described
in the staff report and depicted on the approved plans on file with the
Planning Division, subject to the conditions listed herein.
2. The construction documents submitted for plan check shall be in substantial
compliance with the architectural plans approved by the Planning
Commission, as modified pursuant to the conditions below. If the plan
check submittal is not in substantial compliance with the approved
Development Review submittal, the plans may require further staff review
and re -notification of the surrounding property owners, which may delay the
project and entail additional fees.
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Planning Commission Resolution No. 2015-005
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.
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/occu pant.
10; All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
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Planning Commission Resolution No. 2015-005
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. Prior to 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.
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management 'District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
1. Detailed drainage system inform'ation'of 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.
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Planning Commission Resolution No. 2015-005
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020,. FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. 2013 California Building Code
series will apply) requirements and all other applicable construction codes,
ordinances and regulations in effect.
-2. Provisions for CALGreen shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current CALGreen
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. A drainage plan shall direct water away from building structures and
property lines.
6. The existing laundry room exhaust duct shall not exceed manufacturer's
specifications in length and bends. The duct route shall be shown on plans.
PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE:
7. 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.
8. AQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
9. 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.
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Planning Commission Resolution No. 2015-005
CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
10. Prior to framing inspection, modification of the existing fire sprinkler system,
if applicable, shall be approved by the Los Angeles County Fire Department.
11. 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-hun'dred-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.
12. 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.
13. 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.
14. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
15. All doors shall open to a landing that is at most, 1/2" when doors swing over
the landing. I I
16. An occupancy separation shall be provided between the existing garage
and new addition area.
17. 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.dicialert.or-g.
18. 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.
19. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
20. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
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Planning Commission Resolution No. 2015
21. 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.
22. Special inspections and structural observation will. be required in
conformance with CBC 1704 to 1709.
23. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
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Planning Commission Resolution No. 2015-005