HomeMy WebLinkAboutPC 99-11PLANNING COMMISSION
RESOLUTION NO. 99-11
m A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 99-03 AND VARIANCE NO. 99-03, A
REQUEST TO CONSTRUCT A 3,917 SQUARE FOOT TWO-
STORY ADDITION AND EXTERIOR REMODEL WITH
CARPORT AND DECKS TO AN EXISTING 3,108 SQUARE
FOOT, ONE-STORY, SINGLE FAMILY RESIDENCE WITH
THREE -CAR GARAGE. THE PROJECT SITE IS LOCATED
AT 2194 Ib-DIAN CREEK ROAD (LOT 61 OF TRACT MAP
NO. 234831, DIAMOND BAR CA.
A. Recitals
1. The property o ner/applicant, Robert Granato, has filed
an application to approve Development Review No. 99-03
and Variance N . 99-03 for a property located at 2194
Indian Creek oad, Diamond Bar, Los Angeles County,
California and part of the gated development identified
as "The Country Estates", as described in the title of
this Resolution. Hereinafter in this Resolution, the
_ subject Development Review and Variance shall be referred
to as the "Application".
2. The Planning Commission of the City of Diamond Bar, on
April 13, 1999, conducted a duly noticed public hearing
on the Application.
3. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on April 2, 1999.
Thirty-three property owners within a 500 -foot radius of
the project site were notified by mail on April 1, 1999.
The owner was required to post at the site and sites
within the Country.
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.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and
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guidelines promulgated thereunder. This is pursuant to
Section 15301 (e)(2) of Article 19 of Chapter 3, Title 14
of the California Code of Regulations. pigk�h
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein,
this Planning Commission, hereby finds as follows:
(a)
The project relates to a site developed with an
existing 3,108 square foot, one-story, single
family residence with three -car garage at 2194
Indian Creek Road (Lot 61 of Tract No: 23483),
Diamond Bar, CA, within the gated community
,N.
identified as "The Country Estates." The project
site is approximately 1.36 gross acres and 1.15 net
acres. It is pie -shaped, narrowing and sloping
downward toward the rear, southerly exposure. The
current residence and proposed structure are within
the buildable pad area. A prior approval, Yard
Modification No. 95-1, approved a tennis court and
retaining wall allowing mitigation of a landslide
area while leaving much of the site and slopes in
open space. Though not applicable to this
application, a "flood hazard" area exists at the
rear of the site per Tract Map 23483.
(b)
The project site is zoned Single-family Residence -
Minimum Lot Size One Acre Rural Residential (RR)
Zone. Its General Plan Land Use designation is
Rural Residential (RR).
(c)
Generally, the following zones surround the subject
site: to the north, south, east and west is the
Rural Residential (RR) Zone.
(d)
The application is a request to construct a 3,917
square foot two-story addition and exterior remodel T`
with carport and decks.
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DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is
consistent with the General Plan, development
standards of the applicable district, design
guidelines, and architectural criteria for
specialized area (e.g., theme areas, specific
plans, community plans, boulevards, or planned
developments).
The project site, currently developed with a one-
story single-family residence, was established
before the adoption of the City's General Plan.
However, the proposed project complies with the
elements of the adopted General Plan of July 25,
1995, which has a land use designation of Rural
Residential (1 du/acre). Additionally, the
proposed project complies with the City's General
Plan objectives and strategies related to
maintaining the integrity of residential
neighborhoods and open space. Furthermore, the
applicant has obtained the approval of "The Country
Estates" Homeowners' Association architectural
committee.
(f) The design and layout of the proposed development
will not interfere with the use and enjoyment of
neighboring existing or future development, and
will not create traffic or pedestrian hazards.
The project site is currently developed with a one-
story single-family residence. The proposed
addition, deck, and exterior remodeling do not
change the existing use of a one-story single-
family residence. Although the proposed addition
enlarges the existing residence, it is not expected
to unreasonably interfere with the use and
enjoyment of neighboring existing or future
development, and will not create traffic or
pedestrian hazards.
The project site is adequately served by Indian
Creek Road. This private street is designed to
handle minimum traffic created by this type of
development.
(g) The architectural design of the proposed development
is compatible with the characteristics of the
' surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
��- contemplated by Chapter 22.48, the General Plan,
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City Design Guidelines, or any applicable specific
plan.
The proposed project's architectural design is
compatible with the eclectic architectural style of
other homes, within "The Country Estates."
Additionally, the colors and materials utilized are
compatible with the homes within the surrounding
area and the same as the existing residence. The
applicant has obtained the approval of the
architectural committee of "The Country Estates."
(h) 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, and color
that will remain aesthetically appealing.
A project colors/materials board is provided as
Exhibit "A". The 'colors, materials, and textures
proposed are complimentary to the existing homes
within the area while offering 'variety and low
levels of maintenance.
(i) The proposed project will not be detrimental to the sa
public health, safety, or welfare or materially
injurious (e.g., negative affect on property values
or resales) of property) to the properties or
improvements in the vicinity.
City permits, inspections and soils reports are
required for construction and will ensure that the
finished project will not be detrimental to the
public health, safety, or welfare, or materially
injurious to the properties or improvements in the
vicinity.
(j) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA).
The environmental evaluation shows that the proposed
project is categorically exempt pursuant to the
guidelines of the California Environmental Quality
Act of 1970 (CEQA), Section 15301 (e)(2).
VARIANCE
!i.
(k) There are special circumstances applicable to the
property (e.g., location, size, shape, surrounding,
topography or other conditions), so that the strict
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application of the City's Development Code denies
the property owner privileges enjoyed by other
owners in the vicinity and under identical zoning
districts or creates an unnecessary and non -self
created, hardship or unreasonable regulation which
makes it obviously impractical to require
compliance with the development standards.
The existing pie -shaped lot's buildable pad curves
in - the front. The existing house in front is
between 21 to 23 feet at the closest point on the
radius from the property line. Expansion of the
structure to the south is limited due to mitigation
measures of retaining wall for a previous
landslide. An existing pool on the east side of
the existing structure constricts expansion in that
direction. Therefore, building a second story
facilitates expansion on this pad for a habitable
structure. The post and beam framing required to
support the second story encroaches 1&1-3 feet into
the existing front setback allowing the first floor
of the home to remain as existing. The varying
encroachment allows for architectural styling
rather than having a flat box -like structure on the
site. This encroachment, however, leaves only the
original 20 feet as granted by Los Angeles County.
The existing structure is considered a
nonconforming structure since the adoption of the
December 3, 1998 Development Code. Though today's
code requires the front setback at 30 feet, this is
a special ,circumstance applicable to the property
that makes strict enforcement impractical and would
create unnecessary hardship to the applicant.
(1) Granting the Variance is necessary for the
preservation and enjoyment of substantial property
rights possessed by other property owners in the
same vicinity and zoning districts and denied to
the property owner for which the Variance is
sought.
As stated above in Item (k), the existing structure
is considered nonconforming. The granting of the
Variance will allow the applicant to support the
second story for expansion of the dwelling unit
with post and beam framing, leaving much of the
first floor structure in tact. Many structures
within the "Country Estates" have been able to
utilize this same technique.
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5.
(m) Granting the Variance is consistent with the General
Plan and any applicable specific plan.
The architecture of the undulating front facade of
proposed structure is consistent with the General
Plan and other projects within "The Country
Estates." The visual character and quality
eliminates a flat box -like structure.
(n) The proposed entitlement would not be detrimental to
the public interest', health, safety, convenience,
or welfare of the City.
City permits, inspections and soils reports are
required for construction and will ensure that the
finished project will not be detrimental to the
public interest, health, safety, convenience, or
welfare, of.the,City.
(o) The proposed entitlement has been reviewed in
compliance with the provisions of the California
Environmental Quality Act (CEQA).
Pursuant to Section 15301 (e)(2) of Article 19 of
Chapter 3, Title 14 of the California Code of
Regulations, the City has determined that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder. No further
public review is required.
Based upon the findings and conclusion set forth above,
the Planning Commission hereby approves this Application
subject to the following conditions:
(a) The project shall substantially conform to site
plan, floor plans, elevations and materials/colors
board collectively labeled as Exhibit "A" dated
April 13, 1999, as submitted to and approved by the
Planning Commission.
(b) The subject site shall be maintained in a condition
that is free of debris both during and after the
construction, addition, or implementation of the
entitlement granted 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 duly permitted
waste contractor, who has been authorized by the
City to provide collection, transportation, and
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-_ - .__,....,_...---="'me'"!— -—;;,11".....r,...F.--e_iu.wxr...bun.rii
-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
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall
install temporary construction fencing pursuant to
the Building and Safety Division's requirements
along the project site's perimeter. This fencing
shall remain until the Building Official approves
its removal.
(d) The landscape/ irrigation plan has been submitted
with this application delineating the type of
planting materials, color, size, quantity and
location as existing. A subsequent plan with
planting materials shall be submitted for all new
planting materials. The front landscaping shall be
installed prior to the Planning Division's final
inspection or Certificate of Occupancy issuance.
Additionally, any walls, gates, fountains, etc.
that may be proposed within the front setback shall
not exceed 42 inches in height or be constructed
within the street's dedicated easement: Driveway
color and design shall be provided for Planning
Division approval prior to Planning Division's
final inspection.
(e) A grading plan/retaining wall plan review and
approval is required for cut/fill quantities
greater than 50 cubic yards, otherwise a fine
grade/drainage plan shall be filed with the City's
Engineering Division. If cut/fill quantities are
greater than 50 cubic yards, in accordance with the
City's grading requirements, the grading plan shall
be reviewed and approved by the City before the
issuance of a grading permit. On a grading plan the
following shall be delineated:
(1) Cut and fill quantities and earthwork
calculations;
(2) All flow lines, finished surfaces, and
finished grades;
(3) Proper drainage with detailed sketches;
(4) Proposed and existing grades;
(5) Sign/stamped by a civil engineer, geotechnical
engineer and geologist;
(6) Clearly delineate all easements;
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(7) Indicate retaining wall locations on grading
plan and delineate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining wall shall not exceed a
height of six feet.
(8) Existing retaining walls shall be part of the
submittal and approval.
j (f) Applicant shall submit a soils report for the
proposed improvements to be reviewed and approved
by the City. The soils report shall also reference
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the suitability of the retaining walls to withstand
pressure of the retained soils and proposed
development.
(g) Applicant shall verify that the project site is
currently connected to the public sewer system and
impacts on the sewage capacity as a result of the
proposed addition shall be mitigated.
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(h) The single-family structure shall meet the 1994
U.B-.C., U.P.C., U.M.C., and the 1993 National
Electric Code requirements.
(i) The minimum design wind pressure shall be 80 miles
a;
per hour and "C" exposure.
The single-family structure is located in "Fire Zone
4" and shall meet the following requirements of
{' that fire zone:
(1) All roof covering shall be "Fire Retardant,
Class A"; the roofs shall be fire stopped at
the eaves to preclude entry of the flame or
members under the fire;
(2) All enclosed under -floor areas shall be
constructed as exterior walls;
(3) All openings into the attic, floor, and/or
other enclosed areas shall be covered with
corrosion -resistant wire mesh not less than k
inch nor more than '-i inch in any dimension
except where such openings are equipped with
sash or door;
(4) Chimneys shall have spark arresters of maximum
'-i inch screen.
(k) This single-family structure shall meet the State
Energy Conservation Standards.
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{1) Drainage pattern shall be reviewed and approved by
the Public Works Division; surface water shall
drain away from the building at a 2% minimum slope.
(n) Driveway grade and design shall be approved by the
Fire Department.
(o) Per the Development Code, the roof overhang for the
carport on the west side shall encroach no further
than 30 inches into the setback.
(p) Due to the site's topography, applicant shall comply
with special design requirements as specified in
the U.B.C., Section 18.4.3, building setback, top
and toe of slopes.
(q) The Applicant shall comply with Planning and Zoning;
Building and Safety; and, Public Works and Fire
Department requirements.
(r) This grant is valid for two (2) years and shall be
exercised (i.e. construction) within that period or
this grant shall expire. A one -(1) year extension
may be approved when submitted to the City in
writing at least 60 days prior to the expiration
date. The Planning Commission will consider the
extension request at a duly noticed public hearing
in accordance with Chapter 22.72 of the city of
Diamond Bar Development Code.
(s) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community and
Development Services Department, their affidavit
stating that they are aware and agree to accept all
the conditions of this grant. Further, this grant
shall not be effective until the permittee pays
remaining City processing fees.
(t) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary. handling fee in connection with Fish
and Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
,u because the project has more than a deminimis
4
impact on fish and wildlife, the applicant shall
also pay to the Department of Fish and Game any
such fee and any fine which the Department
determines to be owed.
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 Robert Granato,
2194 Indian Creek Road, Diamond Bar, CA 91755.
APPROVED AND ADOPTED THIS 13TH DAY OF APRIL 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
St3e LTye, !jr'man
I, James DeStefano, 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 13th day of April, 1999, by the following vote:
Lj
AYES: Ruzika, Kuo, McManus, Vice -Chair Nelson,
Chairman Tye
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Pmes kiDeStef anSecretary
D:WORD-LINDA\PLANCOMM\PROJECTS\DR99-3 VAR99-3 WAS ADR99-02\RESODR99-03
10
PLANNING COMMISSION RESOLUTION NO. 99-11
A RESOIUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 99-03 AND VARIANCE NO. 99-03, A REQUEST TO
CONSTRUCT A 3,917 SQUARE FOOT TWOSTORY ADDITION
AND EXTERIOR REMODEL WITH CARPORT AND DECKS TO
AN EXISTING 3,108 SQUARE FOOT, ONE-STORY, SINGLE
FAMILY RESIDENCE WITH THREE -CAR GARAGE. THE
PROJECT SITE IS LOCATED AT 2194 Ib-DIAN CREEK ROAD
(LOT 61 OF TRACT MAP NO. 23483-), DIAMOND BAR CA.
A. Recitals
1.1 The property er/applicant, Robert Granato, has filed o.jin
an applicatio o approve Development Review No. 99-03 t
and Variance N . 99-03 for a property located at 2194 Indian Creek oad, Diamond Bar, Los Angeles
County, California and part of the gated development identified as "The Countr
Estates", as described in the title of y
this Resolution. Hereinafter in this Resolution, the subject Development Review and Variance shall be
referred to as the "Application".
2. The Planning Commission of the City of Diamond Bar, on April 13, 1999, conducted a
on the Application.
3. Notification of the public hearing for this project - has been made in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers on April 2, 1999.
Thirty-three property owners within a 500 -foot radius of the project site were
notified by mail on April 1, 1999. The owner was- required to post at the site and
sites within the Country.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
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.
2. The Planning Commission hereby determines that the project identified above in this
Resolution is categorically exempt from the requirements of the California
Environmental Quality Act of 1970 (CEQA) and
guidelines promulgated thereunder. This is pursuant to Section 15301 (e)(2) of
Article 19 of Chapter 3, Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned upon
the proposed project set forth in the application, there is no evidence before this
Planning commission that the project proposed herein will have the potential of an
adverse effect on wild life resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this Planning commission hereby
rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title
14 of the California Code of Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning Commission,
hereby finds as follows:
(a) The project relates to a site developed with an existing 3,108 square foot, one-
story, single family residence with three -car garage at 2194 Indian Creek
Road (Lot 61 of Tract No.- 23483), Diamond Bar, CA, within the gated
community identified as "The Country Estates." The project site is
approximately 1.36 gross acres and 1.15 net acres. It is pie -shaped,
narrowing and sloping downward toward the rear, southerly exposure. The
current residence and proposed structure are within the buildable pad
area. A prior approval, Yard Modification No. 95-1, approved a tennis court
and retaining wall allowing mitigation of a landslide area while leaving
much of the site and slopes in open space. Though not applicable to this
application, a "flood hazard" area exists at the rear of the site per Tract
Map 23483.
(b) The project site is zoned Single-family ResidenceMinimum Lot Size One Acre
Rural Residential (RR) Zone. Its General Plan Land Use designation is
Rural Residential (RR).
(c) Generally, the following zones surround the subject site: to the north, south,
east and west is the Rural Residential (RR) Zone.
(d) The application is a request to construct a 3,917 square foot two-story
addition and exterior remodel with carport and decks.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent with the General
Plan, development standards of the applicable district, design guidelines, and
architectural criteria for specialized area (e.g., theme areas, specific plans,
community plans, boulevards, or planned developments).
The project site, currently developed with a onestory single-family residence, was
established before the adoption of the City's General Plan. However, the
proposed project complies with the elements of the adopted General Plan of July
25, 1995, which has a land use designation of Rural Residential (1 du/acre).
Additionally, the proposed project complies with the City's General Plan
objectives and strategies related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the applicant has obtained the
approval of "The Country Estates" Homeowners' Association architectural
committee.
(f) The design and layout of the proposed development will not interfere with the use and
enjoyment of neighboring existing or future development, and will not create
traffic or pedestrian hazards.
The project site is currently developed with a onestory single-family residence.
The proposed addition, deck, and exterior remodeling do not change the existing
use of a one-story singlefamily residence. Although the proposed addition
enlarges the existing residence, it is not expected to unreasonably interfere with
the use and enjoyment of neighboring existing or future development, and will not
create traffic or pedestrian hazards.
The project site is adequately served by Indian Creek Road. This private street is
designed to handle minimum traffic created by this type of development.
(g) The architectural design of the proposed development is compatible with the
characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by Chapter 22.48,
the General Plan,
VARIANCE
City Design Guidelines, or any applicable specific plan.
The proposed project's architectural design is compatible with the eclectic
architectural style of other homes within "The Country Estates. "
Additionally, the colors and materials utilized are compatible with the
homes within the surrounding area and the same as the existing
residence. The applicant has obtained the approval of the architectural
committee of "The Country Estates."
(h) 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, and color that will remain aesthetically
appealing.
A project colors/materials board is provided as Exhibit "A". 'The colors,
materials, and textures proposed are complimentary to the existing homes
within the area while offering variety and low levels of maintenance.
(i) The proposed project will not be detrimental to the public health, safety, or welfare or
materially injurious (e.g., negative affect on property values or resale(s) of property)
to the properties or improvements in the vicinity.
City permits, inspections and soils reports are required for construction
and will ensure that -the finished project will not be detrimental to the
public health, safety, or welfare, or materially injurious to the properties or
improvements in the vicinity.
Q) The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
categorically exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301 (e)(2).
(k) There are special circumstances applicable to the property (e.g., location,
size, shape, surrounding, topography or other conditions), so that the
application of the City' s Development Code denies the property owner
privileges enjoyed by other owners in the vicinity and under identical
zoning districts or creates an unnecessary and non -self created, hardship
or unreasonable regulation which makes it obviously impractical to require
compliance with the development standards.
The existing pie -shaped lot's buildable pad curves in - the front. 'The
existing house in front is between 21 to 23 feet at the closest point on the
radius from the property line. Expansion of the structure to the south is
limited due to mitigation measures of retaining wall for a previous
landslide. An existing pool on the east side of the existing structure
constricts expansion in that direction. Therefore, building a second story
facilitates expansion on this pad for a habitable structure. The post and
beam framing required to support the second story encroaches 1&i--3
feet into the existing front setback allowing the first floor of the home to
remain as existing. The varying encroachment allows for architectural
styling rather than having a flat box -like structure on the site. This
encroachment, however, leaves only the original 20 feet as granted by Los
Angeles County. The existing structure is considered a nonconforming
structure since the adoption of the December 3, 1998 Development Code.
Though today's code requires the front setback at 30 feet, this is a special -
circumstance applicable to the property that makes strict enforcement
impractical and would create unnecessary hardship to the applicant.
Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the
same vicinity and zoning districts and denied to the property owner for
which the Variance is sought.
As stated above in Item (k), the existing structure is considered
nonconforming. The granting of the Variance will allow the applicant to
support the second story for expansion of the dwelling unit with post and
beam framing, leaving much of the first floor structure in tact. Many
structures within the "*Country Estates" have been able to utilize this
same technique.
(m) Granting the Variance is consistent with the General Plan and any applicable
The architecture of the undulating front facade of proposed structure is
consistent with the General Plan and other projects within "The Country
Estates." The visual character and quality eliminates a flat box -like
structure.
(n) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the,City.
City permits, inspections and soils reports are required for construction
and will ensure that the finished project will not be detrimental to the
public interest, health, safety, convenience, or welfare, of -the City.
(o) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
Pursuant to Section 15301 (e)(2) of Article 19 of Chapter 3, Title 14 of the
California Code of Regulations, the City has determined that the project
identified above in this Resolution is categorically exempt from the
requirements of the California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder. No further public review is
required.
5. Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
(a) The project shall substantially conform to site plan, floor plans, elevations and
materials/colors board collectively labeled as Exhibit "A" dated April 13,
1999, as submitted to and approved by the Planning Commission.
(b) The subject site shall be maintained in a condition that is free of debris both
during and after the construction, addition, or implementation of the
entitlement granted 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 duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
-disposal of solid waste f rom. residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to
insure that the waste contractor utilized has obtained permits from the City
of Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along
the project site's perimeter. This fencing shall remain until the Building
Official approves its removal.
(d) The landscape/ irrigation plan has been submitted with this application
planting materials, color, size, quantity and location as existing. A
subsequent plan with planting materials shall be submitted for all new
planting materials. The front landscaping shall be installed prior to the
Planning Division's final inspection or Certificate of Occupancy issuance.
Additionally, any walls, gates, fountains, etc. that may be proposed within
the front setback shall not exceed 42 inches in height or be constructed
within the street's dedicated easements Driveway color and design shall
be provided for Planning Division approval prior to Planning Division's final
inspection.
(e) A grading plan/retaining wall plan revi-ew and approval is required for cut/fill
quantities greater than 50 cubic yards, otherwise a fine grade/drainage
plan shall be filed with the City's Engineering Division. If cut/fill quantities
are greater than 50 cubic yards, in accordance with the City's grading
requirements, the grading plan shall be reviewed and approved by the City
before the issuance of a grading permit. On a grading plan the following
shall be delineated:
(1) Cut and fill quantities and earthwork calculations;
(2) All flow lines, finished surfaces, and finished grades;
(3) Proper drainage with detailed sketches; (4) Proposed and existing grades;
(5) Sign/stamped by a civil engineer, geotechnical engineer and
geologist;
(6) Clearly delineate all easements;
(7) Indicate plan retaining wall locations on grading delineate:
and Top of wall; Top of footing; Finish Surface;
(a) (b) (c) Structural calculations; and Retaining wall shall
(d)' not exceed a height of six feet.
(e) retaining walls shall be part of the and approval.
(8) Existing
submittal
(f) Applicant shall submit a soils report for the
proped improvements to be reviewed and approved by the City. The
soils eport shall also reference the suitability of the retaining walls to
withs nd pressure of the retained soils and proposed development.
(g)- Applica t shall verify that the project site is currently connected to the public
sewel system and impacts on the sewage capacity as a result of the
propo ed addition shall be mitigated.,
(h) The single-family structure shall, meet the 1994
U.B-.C., U.P.C.r U.M.C., and the 1993 ' National Electric Code
requirements.
(i) The minimum design wind pressure shall be 80 miles per hour and 11C11
0) The
11
and shall meet the following requirements of
that
fire zone:
1
All roof covering shall be "Fire Retardant,
Class A"; the roofs shall be fire stopped a
the eaves to preclude entry of the flame o
members under the fire;
2
All enclosed under -floor areas shall be
constructed as exterior walls;
3
Allopenings into the attic, floor, and/or
other enclosed areas shall be covered with
corrosion -resistant wire mesh not less than ;i
inch nor more than' -!k inch in any dimension
except where such openings are equipped with
sash or door;
4
Chimneys shall haves ark arresters of maximum
It inch screen.
k This
single-family structure shall meet the State
Ener
Conservation Standards.
Drainage pattern shall be reviewed and approved by the Public Works Division;
surface water shall drain away from the building at a 2% minimum slope.
(n) Driveway grade and design shall be approved by the Fire Department.
(o) Per the Development Code, the roof overhang for the carport on the west
side shall encroach no further than 30 inches into the setback.
(p) Due to the site's topography, applicant shall comply with specia-1 design
requirements as specified in the U.B.C.,'Section 18.4.3, building setback,
top and toe of slopes.
(q) The Applicant shall comply with Planning and Zoning; Building and Safety;
and„ Public Works and Fire Department requirements.
(r) This grant is valid for two (2) years and shall be exercised (i.e. construction)
within that period or this grant shall expire. A one -(1) year extension may
be approved when submitted to the City in writing at least 60 days prior to
the expiration date. The Planning Commission will consider the extension
request at a duly noticed public hearing in accordance with Chapter 22.72
of the city of Diamond Bar Development Code.
(s) This grant -shall not be effective for any purpose until the permittee and
owner of the property involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant, at the City of Diamond
Bar Community and Development Services Department, their affidavit
stating that they are aware and agree to accept all the conditions of this
grant. Further, this grant shall not be effective until the permittee pays
remaining City processing fees.
(t) If the Department of Fish and Game determines that Fish and Game Code
Section 711.4 applies to the approval of this project, then the applicant
shall remit to the City, within five days of this grant's approval, a cashier's
check of $25.00 for a documentary. handling fee in connection with Fish
and Game Code requirements. Furthermore, if this project is not exempt
from a filing fee imposed because the project has more than a deminimis
impact on fish and wildlife, the applicant shall also pay to the Department
of Fish and Game any such fee and any fine which the Department
determines to be owed.
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 Robert Granato, 2194 Indian Creek
Road, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 13TH DAY OF APRIL 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: 1 3 t3e T Lve
I, James DeStefano, 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 13th day of April, 1999, by the following vote:
AYES: Ruzika, Kuo, McManus, Vice -Chair Nelson, Chairman Tye
NOES:
ABSENT:
ABSTAIN: ATTEST:
Pme s kD 4 a—ooS eStef mes DeStefdpo, Secretary
D:WORD-LINDA\PLANCOMM\PROJECTS\DR99-3 VAR99-3 WAS ADR99-02\RESODR99-03
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