HomeMy WebLinkAboutPC 2000-05PLANNING COMMISSION
RESOLUTION NO. 2000-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE
. CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 99-09, TREE PERMIT 2000-02, AND CATEGORICAL,
EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO-
STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY
16,795 SQUARE FEET WITH A BASEMENT, BALCONIES,
PORCH, PATIOS, INDOOR SWIMMING POOL AND A FIVE -
CAR GARAGE ON A VACANT PARCEL. ADDITIONALLY, THE
REQUEST INCLUDES ACCESSORY STRUCTURES; TENNIS
COURT, ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE
PROJECT SITE IS 23622 RIDGELINE ROAD (LOT 88 OF
TRACT MAP NO. 30289), DIAMOND BAR CA.'
A. Recitals
1. The property owner, David Deng, and applicant, S&W
Development, have filed an application for Development
Review No. 99-09 and Tree Permit No. 2000-02 for a
property located at 23622 Ridgeline Road, 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, Tree
Permit, and Categorical Exemption shall be referred to as
the "Application".
2. On March 17, 2000, notification of the public hearing for
this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers.
Thirty property owners within a 500 -foot radius of the
project site were notified by mail. On March 17, 2000,
a notice of public hearing on a display board -was posted
at the site and displayed for at -least 10 days before the
public hearing. Three other public places were posted
within the vicinity of the application.
3. On March 28, 2000, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing on
the Application and continued the public hearing to
April 11, 2000, and concluded the public hearing on April
11, 2000.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
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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 therequirements of the
California Environmental Quality Act of 1970 (CEQA) and
guidelines promulgated thereunder.This is pursuant to
Section 15303(a) 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.
Based upon the findings and conclusions set forth herein,
U-14.
this Planning Commission, hereby finds as follows:
(a) The project relates to a parcel at 23622 Ridgeline
Road (Lot 88° -of Tract No. 30289), Diamond Bar, CA,
within the gated community identified as "The
Country Estates." The project site is approximately
2.68 gross acres and 2.60 net acres. It is shaped
irregularly, widening and sloping downward toward
the rear, southwesterly exposure.
(b) The General Plan Land Use designation is Rural
Residential (RR), 1 du/acre. The project site is
zoned R-1-40,000, single-family residence.
(c) Generally, the following zones surround the subject
site: to the north is R-1-8,000, to the south,
east and west is the R-1-40,000 Residential Zone.
(d) The application is a request to construct a two-
story, single-family residence of approximately
16,795 square feet with a basement, balconies,
porch, patios, indoor swimming pool and a five -car
garage on a vacant parcel. Additionally, the
request includes accessory structures: tennis
court, rose garden with gazebo, and trellis. A
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Tree Permit is requested?toremove and replace one
8" DBH oak tree currently on site.
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, 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 (Max. 1
du/acre). The proposed use is zoned for single-
family residence at R-1-40,000. The proposed
structure complies with the City's General Plan
objectives and strategies related to maintaining
the integrity of residential neighborhoods and open
space. The structures and placement on the parcel
conform to the site coverage, setback, and height
i
criteria of the Diamond Bar Development Code.
Furthermore, the applicant has obtained the
- approval of "The Country Estates" Homeowners'
Association Architectural Committee. There is no
specific or additional community planned
development for the site.
(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 ha-zards.
The project site is currently an undeveloped lot
within an existing tract designed for single-family
homes. The proposed new construction does not
change the use of a single-family residence. The
developed property 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 Ridgeline
Road. This private street is designed to handle
minimum traffic created by this type of
development.
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(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,h'''''"
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," and is
consistent with the City's Design' Guidelines 'and
Development Code. The project's architectural
features include portico entry with precast
concrete columns; balconies with precast concrete
balustrades; deco foam stucco details, cornice,
dentil, and window treatments; dome for skylight;
and multi-levels of roof lines of Brick Red tile to
add texture and contrast. Additionally, the colors
and materials utilized are compatible with the
homes within the surrounding area. The applicant
has obtained the approval of the architectural
committee of "The Country Estates."
The accessory structures, tennis court, rose garden
with precast concrete gazebo, and trellis are
compatible with the neighborhood. Many homes in
the Country Estates have similar structures.
(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.
(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. These 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.
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The terrain in the vicinity of Ridgeline Road is
hilly and like its name follows a ridgeline. The
subject site is generally at a higher elevation
than its neighbors, Lot 87 to the east and Lot 89
to the west. The rear of the project site drops
into the canyon or Country Estates open space area.
The project site slopes to the lowest point at the
southeast corner of the lot. By maintaining the
allowed height requirements, the proposed
residential structures allow view corridors for the
neighboring properties.. Therefore, the proposed
residence will not be significantly detrimental
with respect to view blockage impact.
(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 15303(a).
TREE PERMIT
(k) Preservation of the existing 8" DBH oak tree is not
feasible and would compromise the property owner's
reasonable use and enjoyment of property or
surrounding land and appropriate mitigation
measures will be implemented in compliance with
Section 22.38.130 (Tree Replacement/Relocation
Standards).
The applicant has submitted that development
requires the removal of the 8" DBH oak tree at the
northwest side of the property to utilize a motor
court and garage access. The Applicant has
designed the project according to Development Code
Standards and City's Design Guidelines with
relationship to heights and use of grades by
building into the slope. The Country Estates
requires the applicant to provide a six -car garage.
Diamond Bar's Development Code requires only a two -
car garage but may include more with a
discretionary review. Appropriate mitigation
measures, replacement and protection, will be
implemented in compliance with Section 22.38.130
(Tree Replacement/Relocation Standards) and are
incorporated as part of the conditions of approval.
r. The common replacement of preserved/protected trees
is 3:1. Staff has visited the site and confirmed
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the trees. The larger trees noted on the plan are
to remain and shall be protected during the
construction process.
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Many homes within "The Country Estates" have been 4iH'
built and/or remodeled with Tree Permits for
removal and replacement. Therefore, preservation
of the tree would compromise the property owner's
reasonable use and enjoyment of his property.
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, grading plan,
landscape plan, site photos, and materials/ colors
board collectively labeled as Exhibit "A" dated
April 11, 2000 as submitted and as amended herein.
(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 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.
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(d) The Applicant shall replace the 8" DBE oak tree on-
site at a 3:1 ratio with a like species with
minimum 24" box trees. Additionally, Tree
Protection Requirements as required per Section
22.38.140 shall be installed for all other
California Pepper, Arroyo Willow, Sycamore, Oak,
and Walnut trees with a 8" DBH or greater before
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issuance of any City permits per the following: Li
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1. The existing trees,fto be retained shall be
enclosed by chain link fencing with a minimum
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height of five feet or
g y another protective
barrier approved by the Director prior to the
issuance of a grading or building permit and
prior to commencement of work.
2. Barriers shall be placed at least five' feet
outside the drip line of trees to be protected.
A lesser distance may be approved by the Director
if appropriate to the species and the adjacent
construction activity.
3. No grade changes shall be made within the
protective barriers without prior approval by the
Director. Where roots greater than one inch in
diameter are damaged or exposed, the roots shall
be cleanly saw cut and covered with soil in
conformance with industry standards.
4. Excavation or landscape preparation within the
protective barriers shall be limited to the use
of hand tools and small hand-held power tools and
shall not be of a depth that could cause root
damage.
5. No attachments or wires other than those of a
protective or non -damaging nature shall..be
attached to a protected tree.
6. No equipment or debris of any kind shall be
placed within the protective barriers. No fuel,
-y paint, solvent, oil, thinner, asphalt, cement,
grout or any other construction chemical shall be
stored or allowed in any manner to enter within
the protected barrier.
7. If access within the protection zone of a
protected tree is required during the
construction process, the route shall be covered
in a six-inch mulch bed in the drip line area and
the area shall be aerated and fertilized at the
conclusion of the construction.
8. When the existing grade around a protected tree
is to be raised, drain tiles shall be laid over
the soil to drain liquids away from the trunk.
The number of drains shall depend upon the soil
material. Lighter sandy soils and porous
gravelly material require fewer drains than heavy
non -porous soils like clay. Dry wells shall be
large enough to allow for maximum growth of the
tree trunk. Dry well walls shall be constructed
of materials that permit passage of air and
water.
9. When the existing grade around a tree is to be
lowered, either by terracing or a retaining wall,
a combination may be used to lower grade. With
either method, the area within the drip line
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shall be left at the original grade. The
retaining wall shall be porous to allow for
aeration.
10.Trees that have been destroyed or that haveME'
received major damage during construction shall
be replaced prior to final inspection.
(e) Tennis Court lighting shall be directed downward,
shall only illuminate the court, and shall not
illuminate adjacent property, in compliance with
Section. 22.16. O50 (Exterior Lighting). The
following standards shall apply to the lighting of
tennis court:
{ 1. Light fixtures shall not be located closer than
10 feet to the nearest property line.
2. Fixtures shall be of a type that is rectangular
on a horizontal plane. The outside of the
fixture, arm, and supporting pole shall be coated
with a dark, low reflectance material.
3. Light fixtures shall not be located more than 18
feet from the court surface.
4. Not more than one light fixture per 900 square
'feet of court surface is allowed, with a maximum
of eight poles and fixtures per recreational
court.
5. Light fixtures shall be supported by an arm
extending at least 4 feet from a support pole.
6. Light fixtures shall be designed, constructed, 4:
mounted and maintained so that, with appropriate
shielding, the light source is completely cut off
when viewed from any point five feet or more
beyond the property line. The incident light
level at a property line shall not exceed one
foot-candle measured from grade to a height -of 12
feet. -The incident light level upon any
habitable building on an adjacent property shall
not exceed .05 foot-candle.
7. Recreational court lighting shall not be operated
between 10:00 p.m. and 7:00 a.m. on weekdays and
between 11:00 p.m. and 7:00 a.m. on Saturdays and
Sundays.
8. The illuminated court surface is visible from
another parcel, therefore, the court surface
shall be treated with a low reflectance, dark -
colored coating.
4 (f) Landscaping trees and shrubs shall be required to
soften the height of the tennis court and walls at
the southerly section. Additionally, the landscape
plan shall reflect trees and shrubs adjacent to the
motor court to aid in shielding vehicle lights from
f
Lot 89. The invasive species pampas grass shall be
replaced by a non-invasive species and these
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revised landscape p1ghs shall be reviewed and
approved by the Planning Division.
(g) The landscaping/irrigation 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.
(h) Driveway design and colors shall be submitted to the
Planning Division for review and approval. Trellis
color shall match main structure color palette.
(i) A grading and retaining wall plan review and
approval is required for cut/fill quantities
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 and export location;
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 (i.e.-Flood
Hazard Area and Recreation Easements);
7. Retaining walls shall not be constructed of
wood or wood products;
B. Retaining walls shall be required to be
ornamental by using stucco or decorative
block;
9. Engineered calculations shall be submitted
with retaining walls;
10. Indicate retaining wall locations on grading
plan with standard detail and delineate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall
not exceed six feet;
11. All grading is subject to Development Code
Sections 22.16.030 (Air Emissions) and Section
22.28 (Noise);
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12. Erosion Control plan shall be submitted for
permits before April 15, 2000;
13. The location of the Preserved/Protected Trees tN
shall be shown on the grading plan.
i
(j) Applicant shall submit a soils report for the
proposed improvements to be reviewed and approved
by the City. The soils report shall also reference
the suitability of the retaining walls to withstand
pressure of the retained soils and proposed
development.
(k) Any grading or other construction activities over
the property line shall require the adjacent
property owner's written concurrence and
permission.
(1) 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 approved.
(m) Applicant shall make an application to the Walnut
Valley Water District as necessary, and submit
their approval to the Planning Division prior to
the issuance of building permits.
(n) 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.
(o) Site, driveway grade, and house design shall be
approved by the Fire Department. The maximum slope
is 15% per the Public Works Division.
(p) The single-family structure shall meet- the 1998
California Building Code, California Plumbing Code,
California Mechanical Code, and California
Electrical Code requirements.
(q) The minimum design wind pressure shall be 80 miles
per hour and "C" exposure.
i
(r) 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;
1
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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 1/
inch nor more than 1/2 inch in any dimension
except where such openings are equipped with
sash or door;
4. Chimneys shall have spark arresters of maximum
1h inch screen.
(s) This single-family structure shall meet the State
Energy Conservation Standards.'
(t) Maximum height of the residence shall not exceed 35
feet from the finish grade at any exterior wall of
the structure to the highest point of the roofline.
(u) Due to the site's topography, applicant shall comply
with special design requirements as specified in
the Universal Building Code, Section 18.4.3,
building setback, top and toe of slopes.
(v) The owner shall obtain a Zoning Clearance subject to
the standards outlined in Development Code Section
' 22.42.070 for any Home Base Business use.
mw (w) The Applicant shall comply with the requirements of
the Fire Department and City Planning, Building and
Safety, and Public Works Divisions.
(x) 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.
(y) 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.
11
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(z) 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 David Deng, 2668
Highridge Drive, Chino Hills, CA 91709 and S&W
Development, 20547 Walnut Drive, #D, Walnut, CA
91789.
APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2000, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: Ae
Pteve4
Nelson, Chairman
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 11th day of April, 2000-, by the following vote:
AYES: Kuo, Ruzicka, Tye,
NOES:
ABSENT:
ABSTAIN:
ATTEST: wavw
VC/Zirbes, Chair/Nelson
aures DeStefa-�o, Secretary
D:WDRD-LINDA/PLANCOMM/PROJECTS/DR99-09 23622 RIDGELINE/RESO...
12
PLANNING COMMISSION
RESOLUTION NO. 2000-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-09, TREE
PERMIT 2000-02, AND CATEGORICAL, EXEMPTION 15303(a), A REQUEST
TO CONSTRUCT A TWOSTORY, SINGLE-FAMILY RESIDENCE OF
APPROXIMATELY 16,795 SQUARE FEET WITH A BASEMENT,
BALCONIES, PORCH, PATIOS, INDOOR SWIMMING POOL AND A
FIVECAR GARAGE ON A VACANT PARCEL. ADDITIONALLY, THE
REQUEST INCLUDES ACCESSORY STRUCTURES: TENNIS COURT,
ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE PROJECT SITE IS
23622 RIDGELINE ROAD (LOT 88 OF TRACT MAP NO. 30289), DIAMOND
BAR CA.'
A. Recitals
1. The property owner, David Deng, and applicant, S&W Development, have filed an application
for Development Review No. 99-09 and Tree Permit No. 2000-02 for a property located at
23622 Ridgeline Road, 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, Tree Permit,
and Categorical Exemption shall be referred to as the "Application".
2. On March 17, 2000, notification of the'public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers-. Thirty property
owners within a 500 -foot radius of the project site were notified by mail. On March 17,
2000, a notice of public hearing on a display board -was posted at the site and
displayed"for at -least 10 days before the public hearing. Three other public places were
posted within the vicinity of the application.
3. On March 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the Application and continued the public hearing to April 11,
2000, and concluded the public hearing on April 11, 2000.
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 guidelines promulgated
thereunder. This is pursuant to section 15303(a) 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,
(a) The project relates to a parcel at 23622 Ridgeline
Road (Lot 88, -of Tract No. 30289), Diamond Bar, CA, within the gated
community identified as "The Country Estates." The project site is
approximately 2.68 gross acres and 2.60 net acres. It is shaped irregularly-
, widening and sloping downward toward the rear, southwesterly
exposure.
(b) The General Plan Land Use designation is Rural Residential MR), I du/acre.
The project site is zoned R-1-40,000, single-family residence.
(c) Generally, the following zones surround the subject site: to the north is R-1-
8,000, to the south, east and west is the R-1-40,000 Residential Zone.
(d) The application is a request to construct a twostory, single-family residence
of approximately 16,795 square feet with a basement, balconies, porch,
patios, indoor swimming pool and a five -car garage on a -vacant parcel.
Additionally, the request includes accessory structures: tennis court, rose
garden with gazebo, and trellis. A
Tree Permit i,s requestedtto—re move and replace one 8" DBH oak tree currently on
site.
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, 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 (Max. 1 du/acre) . The proposed use is zoned for
singlefamily residence at R-1-40,000. The proposed structure complies
with the City's General Plan objectives and strategies related to
maintaining the integrity of residential neighborhoods and open space.
The structures and placement on the parcel conform to the site coverage,
setback, and height criteria of the Diamond Bar Development Code.
Furthermore, the applicant has obtained the approval of "The Country
Estates" Homeowners' Association Architectural Committee. There is no
specific or additional community planned development for the site.
(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 ha-zards.
The project site is currently an undeveloped lot within an existing tract
designed for single-family homes. The proposed new construction does
not change the use of a single-family residence. The developed property
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 Road. This adequately served by Ridgeline street is
private minimum traffic designed to handle
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, 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," and is consistent
with the City's Design' Guidelines 'and Development Code. The project's
architectural features include portico entry with precast concrete columns; balconies
with precast concrete balustrades; deco foam stucco details, cornice, dentil, and
window treatments; dome for skylight; and multi-levels of roof lines of Brick Red tile
to add texture and contrast. Additionally, the colors and materials utilized are
compatible with the homes within the surrounding area. The applicant has obtained
the approval of the, architectural committee of "The Country Estates."
The accessory structures, tennis court, rose garden with precast concrete
gazebo, and trellis are compatible with the neighborhood. Many homes in
the Country Estates have similar structures.
(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 p-rovided as Exhibit "A". The colors,
materials, and textures proposed are complimentary to the existing homes
within the area while offering variety.
(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.
These 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.
TREE PERMIT
The terrain in the vicinity of Ridgeline Road is hilly and like its name
follows a ridgeline. The subject site is generally at a higher elevation than
its neighbors, Lot 87 to the east and Lot 89 to the west. The rear of the
project site drops into the canyon or Country Estates open space area.
The project site slopes to the lowest point at the southeast corner of the
lot. By maintaining the allowed height requirements, the proposed
residential structures allow view corridors for the neighboring properties..
Therefore, the proposed residence will not be significantly detrimental with
respect to view blockage impact.
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 15303(a).
W Preservation of the existing 8" DBH oak tree is not
feasible and would compromise the property owner's reasonable use and
enjoyment of property or surrounding land and appropriate mitigation
measures will be implemented in compliance with Section 22.38.130
(Tree Replacement/Relocation Standards).
The - applicant has submitted that development requires the removal of
the 8ff DBH oak t-ree at the northwest side of the property to utilize a
motor court and garage access. The Applicant has designed the project
according to Development Code Standards and City's Design Guidelines
with relationship to heights and use of grades by building into the slope.
The Country Estates requires the applicant to provide a six-car,garage.
Diamond Bar's Development Code requires only a twocar garage but may
include more with a discretionary review. Appropriate mitigation
measures, replacement and protection, will be implemented in compliance
with Section 22.38.130 (Tree Replacement/Relocation Standards) and are
incorporated as part of the conditions of approval. The common
replacement of preserved/protected trees is 3:1. Staff has visited the site
and confirmed
the trees. The larger trees noted on the plan are to remain and shall be protected
during the construction process.
Many homes within "The Country Estates" have been built and/or remodeled with
Tree Permits for removal and replacement. Therefore, preservation of the tree
would compromise the property owner's reasonable use and enjoyment of his
property.
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, grading
plan, landscape plan, site photos, and materials /colors board collectively labeled
as Exhibit "A" dated April 11, 2000 as submitted and as amended herein.
(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 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 Applicant shall replace the 8" DBE oak tree onsite at a 3:1 ratio with a like
species with minimum 240 box trees. Additionally, Tree Protection Requirements
as required per Section 22.38.140 shall -be installed for all other California
Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees with a 811 DBH or
greater before issuance of any City permits per the following:
6VAk.
G`Imvlvm
The existing trees,'—to be retained shall be
enclosed by chain link fencing with a minimum
height of five feet or by another protective
arrier approved by the Director prior to the
ssuance of a grading or building permit and
rior to commencement of work.
2.
Barriers shall be placed at least five' feet
utside the drip line of trees to be protected.
lesser distance may be approved by the Director
f a ro 3—late to the species and the adjacent
onstruction activity.
3. No grade changes shall be made within the
rotective barriers without prior approval by the
Director. Where roots greater than one inch in
iameter are damaged or exposed, the roots shall
e cleanly saw cut and covered with soil in
onformance with industry standards.
4. Excavation or landscape preparation within the
rotective barriers shall be limited to the use
Df hand tools and small hand-held power tools and
hall not be of a depth that could cause root
ama e.
5. No attachments or wires other than those of a
rotective or non -damaging nature shall,.be
ttached to a protected tree.
S. Noequipment or debris of any kind shall be
laced within the protective barriers. No fuel,
aint, solvent, oil, thinner, asphalt, cement,
rout or any other construction chemical shall be
tored or allowed in any -manner to enter within
he protected barrier.
7.If access within the protection zone of a
rotected tree is required during the
onstruction process, the route shall be covered
n a six-inch mulch bed in the drip line area and
he area shall be aerated and fertili-zed at the
onclusion of the construction.
B. en the existing -grade around a protected tree
s to be raised, drain tiles shall be laid over
he soil to drain liquids away from the trunk.
The number of drains shall depend upon the soil
material. Lighter sandy soils and porous
gravelly material require fewer drains than heavy
ion -porous soils like clay. Dry wells shall be
are enou h to allow for maximum growth of the
ree trunk. Dry well walls shall be constructed
Df materials that permit passage of air and
Nater.
9. en the existing rade around a tree is to be
owered, either by terracing or a retaining wall,
combination may be used to lower grade. With
ither method, the area within the drip line
shall be lef t at the original -grade. The retaining wall shall be porous
to allow for aeration.
1 O.Trees that have been destroyed or that have received major damage
during construction shall be replaced prior to final inspection.
(e) Tennis Court lighting shall be directed downward, shall only illuminate the
court, and shall not illuminate adjacent property, in compliance with
Section. 22.1'6.0.50 (Exterior Lighting). The following standards shall
apply to the lighting of tennis court:
I. Light fixtures shall not be located closer than 10 feet to the nearest property
line. 2.Fixtures shall be of a type that is rectangular
on a horizontal plane. The outside of the fixture, arm, and supporting pole
shall be coated with a dark, low reflectance material.
31ight fixtures shall not be located more than 18 feet from the court
surface.
4. Not more than one light fixture per 900 square 'feet of court surface is
allowed, with a maximum of eight poles and fixtures per recreational
court.
5. Light fixtures shall be supported by an arm extending at least 4 feet from a
support pole. 6. Light fixtures shall be designed, constructed,
mounted and maintained so that, with appropriate shielding, the light source
is completely cut off when viewed from any point five feet or more
beyond the property line. The incident light level at a property line shall
not exceed one foot-candle measured from grade to a height -of 12
feet. -The incident light level upon any habitable building on an
adjacent property shall not exceed'.05 foot-candle.
7 Recreational court lighting shall not be operated between 10:00 p.m.
and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on
Saturdays and Sundays.
8. The illuminated court surface is visible from another parcel, therefore,
the court surface shall be treated with a low reflectance, darkcolored
coating.
(f) Landscaping trees and shrubs shall be required to soften the height of the
tennis court and walls at the southerly section. Additionally, the landscape
plan shall reflect trees and shrubs adjacent to the motor court to aid in
shielding vehicle lights from Lot 89. The invasive species pampas grass
shall be replaced by a non-invasive species and these
All flow lines, finished su
revid landscape plAfis shall be reviewed and approved by the Planni
Divi on.
(g) The Ian scaping/irrigation shall be installed prior to the Planning Divisioi
final inspection or Certificate of Occupancy issuance. Additionally, a
walls, gates, fountains, etc. that may be proposed within the front setba
shall not exceed 42 inches in height or be constructed within the stree
dedi ated easement.
finished grades;
(h) Driveway design and colors shall be submitted to the Planning Division for
review and approval. Trellis color shall match main structure color palette.
(i) A grading and retaining wall plan review and approval is required for cut/fill
quantities 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:
Proper drainage with detailed sketches
4.
Proposed and existing grades;
S.
Sign/stamped by a civil engineer, geotechnical
engineer and geologist;
6.
Clearly delineate all easements i.e. - Flood
Hazard Area and Recreation Easements);
7.
Retaining walls shall not be constructed o
wood or woodproducts;
8.
Retaining walls shall be required to be
ornamental by using stucco or decorative
block;
9.
Engineered calculations shall be submitted
with retaining walls;
10.
Indicate retaining wall locations on grading
Ian with standard detail and delineate:
a Top of wall;
b Top of footing;
c Finish Surface;
d Structural calculations; an
e Retaining walls exposed height shall
not exceed six feet;
11.
All grading is subject to Development Code
Sections 22.16.030 Air Emissions and Section
22.28 Noise ;
12. Erosion Control plan shall be submitted f or permits before April 15,
2000;
13. The location of the Preserved/Protected Trees shall be shown on the
grading plan.
Q) Applicant shall submit a soils report for the proposed improvements to be
reviewed and approved by the City. The soils report shall also reference
the suitability of the retaining walls to withstand pressure of the retained
soils and proposed development.
(k) Any grading or other construction activities over the property line 'shall
require the adjacent property owner's written concurrence and permission.
(1) 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 approved.
(m) Applicant shall make an application to the Walnut Valley Water District as
necessary, and submit their approval to the Planning Division prior to the
issuance of building permits.
(n) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
(o) Site, driveway grade, and house design shall be approved by the Fire
Department. The maximum slope is 15% per the Public Works Division.
(p) The single-family structure shall meet- the 1998 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
(q) The minimum design wind pressure shall be 80 miles per hour and "C"
(r) 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 f lame or
members under the fire;
m
2. All enclosed -Lihder-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 1/4 inch nor more than
1/2 inch in any dimension except where such openings are equipped,with
sash or door;
4. Chimneys shall have spark arresters of maximum 1/2 inch screen.
(s) This single-family structure shall meet the State Energy Conservation Standards.'
(t) Maximum height of the residence shall not exceed 35 feet from the finish grade at any
exterior wall of the structure to the highest point of the roofline.
(u) Due to the site's topography, applicant shall comply with special design requirements
as specified in the Universal Building Code, Section 18.4.3, building setback, top
and toe of slopes.
(v) The owner shall obtain a Zoning Clearance subject to the standards outlined in
Development Code Section 22.42.070 for any Home Base Business use.
(w) The Applicant shall comply with the requirements of the Fire Department and City
Planning, Building and Safety, and Public Works Divisions.
(x) 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 -(I) 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.
(y) 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.
(z) 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 David Deng, 2668 Highridge Drive, Chino Hills, CA
91709 and S&W Development, 20547 Walnut Drive, #D, Walnut, CA 91789.
APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2000, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
4, LAM,By:
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 11th
day of April, 2000-, by the following vote:
AYES: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES:
ABSENT: ABSTAIN: ATTEST:
dames &DeS Yf a3o/, Se4
ames DeStefa-lo, Secretary
D:WORD-LINDA/PLANCOMM/PROJECTS/DR99-0923622 RI DGELINE/RESO
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