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PLANNING COMMISSION
i`
— RESOLUTION NO. 2000-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2000-06, VARIANCE NO. 2000-04, MINOR
VARIANCE, 2000-09, TREE PERMIT NO. 2000-01 AND
NEGATIVE DECLARATION NO. 2000-03, A REQUEST TO
CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE OF
APPROXIMATELY 11,427 SQUARE FEET WITH BASEMENT,
BALCONIES, PORCH, AND SIX -CAR GARAGES.
ADDITIONALLY, THE REQUEST INCLUDES ASSESSORY
STRUCTURES: TENNIS COURT, SWIMMING POOL/SPA AND
GAZEBO._ THE PROJECT SITE IS 2515 CROWFOOT LANE
(LOT 62 OF TRACT MAP NO. 30577), DIAMOND BAR CA.
A. Recitals
1. The property owner, Mark and Tara Kuo, and applicant,
Twen Ma Architects, have filed an application to approve
Development Review No. 2000-06, Variance No. 2000-04,
Minor Variance, 2000-09, Tree Permit No. 2000-01, and
Negative Declaration No. 2000-03, for a property located
_ at 2515 Crowfoot Lane, 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, Variance, Minor Variance,
Tree Permit and Negative Declaration shall be referred to
as the "Application."
2. On June 1, 2000, forty-seven property owners within a
500 -foot radius of the project site were notified by
mail. In addition, a notice of public hearing on a
display board was posted at the site and displayed for at
least 20 days before the public hearing. Further, three
other sites were posted within the vicinity of the
application. On June 2, 2000, notification of the public
hearing for this project was made in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin
newspapers.
3. On June 27, 2000, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing on
the Application.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals Part A, of "a
this Resolution are true and correct.
2. The Planning Commission hereby finds that the Initial
Study review and Negative Declaration No.. 2000-03 have
been prepared by the City of Diamond Bar in compliance
with the requirement of the California Environmental
Quality Act (CEQA) and guideline promulgated thereunder,
pursuant to Section 15070. Furthermore, Negative
Declaration No. 2000-03 reflects the independent
judgement of the City of Diamond Bar.
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 parcel at 2515 Crowfoot
Lane (Lot 62 of Tract No. 30577), Diamond Bar, CA,
within the gated community identified as "The
Country Estates." The project site is
approximately 1.39 gross acres and 1.24 net acres.
It is shaped irregularly, wide at the rear and
sloping downward to the street.
(b) The General Plan Land Use designation is Rural
Residential (RR), 1 du/acre. The project site is
zoned Single -Family Residence, R-1-40,000.
(c) Generally, the following zones surround the subject
site: to the north, south, east and west is the
R-1-40,000 Zone.
(d) The application is a request to construct a two-
story, single-family residence of approximately
11,427 square feet with basement, balconies, porch,
and six -car garages. Additionally, the request
includes accessory s4 tennis court,
_ swimming pool/spa and gazebo.
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 (1 du/acre). The
proposed use is zoned for single-family residence
at 1 du/acre. The proposed structure and accessory
structures comply 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 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 hazards.
The project, site is currently an undeveloped lot
within an existing tract designed for single-family
homes. The proposed new construction and accessory
structures are consistent with the use of a single-
family residence and other homes within "The
Country Estates". As such, the proposed project is
not expected to interfere with the use and
enjoyment of neighboring existing or future
development.
The proposed project is not expected to create
traffic or pedestrian hazards due to the fact that
the use is a single-family residence. Crowfoot
Drive and Falcons __View Drive adequately serve the
_-> project site and were established 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,'!d�;��tl
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 style as
referenced in the application is Mediterranean.
The proposed style and palette are compatible with
the eclectic architectural style of other homes
within Tract No. 30577 and "The Country Estates,"
and consistent with the City's Design Guidelines
and Development Code. The project's architectural
features include the use balconies with precast
balustrades; porch and second -story entry with
concrete balustrade stair railing; columns; and
layering of materials and finishes via the trimmed
stucco. The applicant has received the approval of
"The Country Estates" Homeowners' Association
Architectural Committee. Therefore, the proposed
project is consistent with and will maintain and
enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48020, the
General Plan, and City Design Guidelines.
Additionally, there is not a specific plan for this
area.
(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, andcolor
that will remain aesthetically,appealing.
A project colors/materials board has been provided.
As referenced in the above findings, the colors,
materials, and textures proposed are complimentary
to the existing -homes within the area while
offering variety that provides a desirable
environment for its occupants and visiting public
as well as its neighbors.
(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.
i
4
City permits, inspections and soils reports are
F 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.
(j) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA).
Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has
determined that a Negative Declaration is required
for this project. According to CEQA Section 15070,
Negative Declaration No. 2000-03 has been prepared.
The Negative Declaration's review period began
June 2, 2000, and ended June 21, 2000.
VARIANCE/MINOR VARIANCE
(k) There are special circumstances applicable to the
property (e.g., location, shape, size,
surroundings, topography, or other conditions), so
that the strict application of this Development
Code denies the property owner privileges enjoyed
by other property owners in the vicinity and under
identical zoning districts or creates an
unnecessary and non -self created, hardship or
unreasonable regulation which make it obviously
impractical to require compliance with the
development standards.
The Variance request is to allow a reduction -in the
rear setback for the tennis court with fencing and
lighting. The Minor Variance is to allow a minimum
deviation in the residence's maximum permitted
height by the addition of three (3) feet for the
chimneys height that the City considers a
projection.
Pursuant to the Development Code, a residential
structure in the R-1-40,000 Zone is required to
-maintain a 20 foot rear setback. The tennis court
with fencing and lighting requires a Variance
because, as proposed, it does not comply with
development standards specified in the Development
Code. A concrete slab (i.e., sports court) does
not have specific development standards, nor does
it require a construction permit. However, a
L__ tennis court with fencing and lighting. is
considered an accessory structure and requires a
5
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construction permit and is required to maintain
Code specified 20 feet rear setback.
The proposed tennis court is placed with a 10 feet
rear setback. The subject site is irregularly
shaped, and considering the lot's configuration and
the fact the setback reduction is not adjacent to a
residence and abuts the neighbor's tennis court on
the east side and is dug into the slope on the
south side. It is anticipated that the setback
reduction impact will be insignificant. Tennis
courts are common place in "The Country Estates"
and have been approved in the past with similar
setbacks.
Tennis court fencing within a required setback
requires a Variance because it does not comply with
the allowed maximum six foot height. Tennis court
fencing is proposed at a height of 10 feet. The
fencing is % mesh chain link with green or black
vinyl. Since the required setbacks are reduced, a
Variance approval is required for the fence height
within the required setback. The same setback
requirement applies to the tennis court light
fixtures. Since some of the fixtures will be
located within the required setback, a Variance
approval is also required. Pursuant to Code, these
fixtures are not to be located closer than 10 feet
to the adjacent property line except as approved by
a Variance.
Approval of the Minor Variance would allow the
chimneys to project a maximum of three (3) feet
above the maximum allowed height of 35 feet for a
residential structure. The Development Code
standard for the maximum height for a residential
structure is 35 feet as measured from the natural
or finished grade adjacent to any point at each
exterior wall of the structure to the highest point
of the roofline, above and parallel to the natural
or finished grade. The proposed project meets this
requirement except for the chimneys projecting
above the roofline. The Development Code allows
for a 10 percent height increase with the Minor
Variance application. The chimneys increase the
residential structure's height by three (3) feet or
approximately 10 -percent.
N
(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 district and denied to the
property owner for which the Variance is sought.
The granting of the Variance is based on the facts
that the use is consistent with the surrounding
homes in the vicinity. The subject site is
irregularly shaped, and considering the lot's
configuration and the fact the setback reduction is
not adjacent to a residence and is indeed abutting
the neighbor's tennis court on the east side and
dug into the slope on the south side, it is
anticipated that the setback reduction impact will
be insignificant. The Development Code allows for a
10 percent height increase with the Minor Variance
application and the chimneys increase the
residential structure's height by three (3) feet or
approximately 10 percent. Additionally, other
homes within "The Country Estates" are similar and
enjoy the same recreational amenities and height
projection as proposed by this Application. As a
result 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
property owner for which the Variance and Minor
Variance is sought.
(m) Granting the Variance is consistent with the General
Plan and any applicable specific plan.
As stated above in Items (e) and (k), granting the
Variance and Minor Variance is consistent with the
General Plan and any applicable specific plan.
(n) The proposed entitlement would not be detrimental to
the public interest, health, safety, convenience,
or welfare of the City.
As stated above in Items (f), (g), (h), (i), (k),
(1) and (m), the proposed entitlement would not be
detrimental to the public interest, health, safety,
convenience, or welfare of the City.
TREE PERMIT.
(o) 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
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- - _@ �_, a
measures will be implemented in compliance with
Section 22.38.130 (Tree Replacement/Relocation
Standards) .iYi 7
The applicant has submitted that development
requires the removal of two walnut trees, one
10 DBH and one 18" DBH at the southeast side of the
property to utilize a tennis court. 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.
Replacement for these trees is at a 3:1 ratio for a
total of six trees. The replacement trees are
required to be 36" box and of a native species
chosen from: Sycamore, Walnut, Oak, California
Pepper or Arroyo Willow.
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
June 27, 2000, as submitted to and approved by the'.
Planning Commission. Additional colors for Gazebo
and stamped concrete shall be reviewed and approved
by the Planning Division and made a part of
Exhibit "A".
(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
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_shall remain until tSa Building Official approves
its removal.
(d) Tree Protection Requirements as required per
Section 22.38.140 shall be installed for the
remaining Walnut trees before issuance of City
permits.
(e) Prior to the issuance of any City permits, the
applicant shall submit a final landscape/irrigation
plan for the Planning Division's approval. Said
plan shall delineate six replacement trees as 36"
box and of the- native variety from preserved
species list: Sycamore, Arroyo Willow, Oak,
California Pepper or Walnut. Additionally, trees
located at north of the tennis court shall be
delineated as 36" box trees for screening closest
to the street.
(f) 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.
(g) 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;
(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) Retaining walls shall not be constructed of
wood or wood products;
(8) Retaining walls shall be required to be
ornamental by using stucco or decorative
block;
(9) Indicate retaining wall locations on grading
plan and delineate:
D
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retainingwalls exposed height shall
not exceed six feet;
(10) All grading is subject to Development Code
Sections 22.16.030 (Air Emissions) and
Section 22.28 (Noise).
(11) All grading is subject to National Pollutant
Discharge Elimination System (NPDES) standards
and incorporate the Best Management Practices
(BMP's). Additionally, the applicant shall
obtain any necessary NPDES permits.
(h) -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.
(i) There is currently no public sewer system. The
Applicant shall show septic tanks location, size
and details on the plans. The Los Angeles County
Health Department and City Geotechnical Engineer
shall approve these plans prior to the issuance of
any City permits. The property owner shall be
required to sign and record the City's agreement
for use of a septic system.
(j) Tennis court lighting fixtures shall comply with the
following:
(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,
mounted and maintained so that, with
appropriate shielding, the light source is
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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 footcandle 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
footcandle.
(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) In the event that an illuminated court surface
is visible from another parcel, the court
surface shall be treated with a low
reflectance, dark -colored coating.
(k) The single-family structure shall meet the 1998
California Building Code, California Plumbing Code,
California Mechanical Code, and California
Electrical Code requirements.
(1) The minimum design wind pressure shall be 80 miles
per hour and "C" exposure.
(m) 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
% inch nor more than lh 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.
(n) This single-family structure shall meet the State
Energy Conservation Standards.
(o) Drainage pattern shall be reviewed and approved by
the Public Works Division; surface water shall
drain away from the building at a 2% minimum
a slope.
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(p) _ Site, driveway grade, and house design shall be
approved by the Fire Department. The maximum slope
is 15% per the Public Works Division.
(q) Maximum height of the structure shall not exceed�Pi'
35 feet from the finish grade at any exterior wall
of, the structure to the highest point of the
roofline. The maximum height of the chimneys shall
not exceed three (3) feet above the roofline.
(r) 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.
(s) The Applicant shall comply with Planning and Zoning;
Building and Safety; and, Public Works and Fire
Department requirements.
(t) The 11,427 square foot single-family residence shall
not be used in a manner that creates adverse
effects upon the neighborhood and environmental
setting of the residential site to levels of dust,
glare/light, noise, odor, traffic, or other
disturbances to the existing residential
neighborhood and shall not result in significantly -
adverse effects on public services and resources.
The single-family residence shall not be used for
commercial/institutional purposes, or otherwise
used as a separate dwelling. The property shall
not be used for regular gatherings which result in
a nuisance or which create traffic and parking
problems in the neighborhood.
(u) 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.
(v) 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.
(w) 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 Mark and Tara Kuo,
P. O. Box 50907, Irvine, CA, 92619, and Twen Ma
Architects, 195 Mt. Olive Drive, Bradbury, CA
91010.
APPROVED AND ADOPTED THIS 27TH DAY OF JUNE 2000, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve 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 27th day of June 2000, by the following vote:
AYES: Ruzicka, Kuo, Vice -Chairman zirbes,
Chairman Nelson
NOES:
ABSENT: Tye
ABSTAIN:
ATTEST.
ames DeSt fano, Secretary
T
D: WORD-LINDA/PLANCOEM/PROJECTS/DR2000-06 2515 CROWFOOT/RESO DR2000-06...
13
A
PLANNING COMMISSION RESOLUTION NO. 2000-10
OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 2000-06, VARIANCE NO. 2000-04, MINOR VARIANCE, 2000-
09, TREE PERMIT NO. 2000-01 AND NEGATIVE DECLARATION NO. 2000-
03, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY
RESIDENCE OF APPROXIMATELY 11,427 SQUARE FEET WITH
BASEMENT, BALCONIES, PORCH, AND SIX -CAR GARAGES.
ADDITIONALLY, THE REQUEST INCLUDES ASSESSORY STRUCTURES:
TENNIS COURT, SWIMMING POOL/SPA AND GAZEBO.- THE PROJECT
SITE IS 2515 CROWFOOT LANE (LOT 62 OF TRACT MAP NO. 30577),
DIAMOND BAR CA.
A. Recitals
1. The property owner, Mark and Tara Kuo, and applicant, Twen Ma Architects, have filed an
application to approve Development Review No. 2000-06, Variance No. 2000-04, Minor
Variance, 2000-09, Tree Permit No. 2000-01, and Negative Declaration No. 2000-03, for
a property located at 2515 Crowfoot Lane, 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, Variance, Minor Variance, Tree Permit and Negative Declaration shall be
referred to as the "Application."
2. On June 1, 2000, forty-seven property owners within a 500 -foot radius of the project site were
notified by mail. In addition, a notice of public hearing on a display board was posted at
the site and displayed for at least 20 days before the public hearing. Further, three other
sites were posted within the vicinity of the application. on June 2, 2000, notification of the
public hearing for this project was made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers.
3. On June 27, 2000, the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on the Application.
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 finds that the Initial Study review and Negative Declaration
No. 2000-03 have been prepared by the City of Diamond Bar in compliance with the
requirement of the California Environmental Quality Act (CEQA) and guideline
promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration
No. 2000-03 reflects the independent judgement of the City of Diamond Bar.
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 parcel at 2515 Crowfoot Lane (Lot 62 of Tract No. 30577),
Diamond Bar, CA, within the gated community identified as "The Country
Estates." The project site is approximately 1.39 gross acres and 1.24 net acres. It
is shaped irregularly, wide at the rear and sloping downward to the street.
(b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The
project site is zoned Single-Fam'ily Residence, R-1-40,000.
(c) Generally, the following zones surround the subject site: to the north, south, east and
west is the R-1-40,000 Zone.
(d) The application is a request to construct a twostory, single-family residence of
approximately 11,427 square feet with basement, balconies, porch, and six -car'
garages. Additionally, the request
includes accessory structures: tennis court, swimming pool/spa and
gazebo.
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 (I du/acre) . The proposed use is zoned for single-
family residence at 1 du/acre. The proposed structure and accessory
structures comply 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 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 hazards.
The project- site is currently an undeveloped lot within an existing tract
designed for single-family homes. The proposed new construction and
accessory structures are consistent with the use of a singlefamily
residence and other homes within "The Country Estates". As such, the
proposed project is not expected to interfere with the use and enjoyment
of neighboring existing or future development.
The proposed project is not expected to create traffic or pedestrian
hazards due to the fact that
171 the use is a single-family residence. Crowfoot Drive and Falcons -View Drive adequately serve the
project site and were established 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, City Design Guidelines, or any applicable specific plan.
The proposed project's architectural style as referenced in the application is
Mediterranean. The proposed style and palette are compatible with the eclectic
architectural style of other homes within Tract No. 30577 and "The Country
Estates, " and consistent with the City's Design Guidelines and Development
Code. The project's architectural features include the use balconies with precast
balustrades; porch and second -story entry with concrete balustrade stair railing;
columns; and layering of materials and finishes via the trimmed stucco. The
applicant has received the approval of "The Country Estates" Homeowners'
Association Architectural Committee. Therefore, the proposed project is
consistent with and will maintains and enhance the harmonious, orderly and
attractive development contemplated by Chapter 22.48020, the General Plan,
and City Design Guidelines. Additionally, there is not a specific plan for this area.
(h) The design of the proposed development will provide a desirable environment for its
occupants and visiting publ ic, as well as its neighbors, through good aesthetic
use of materials, texture, and.color that will remain aesthetically,appealing.
A project colors/materials board has been provided. As referenced in the above
findings, the colors, materials, and textures proposed are complimentary to the
existing homes within the area while offering variety that provides a desirable
environment for its occupants and visiting public as well as its,neighbors.
(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.
Q) The proposed project has been reviewed in corrpliance with the provisions of the
California Environmental Quality Act (CEQA).
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
the City has determined that a Negative Declaration is required for this project.
According to CEQA Section 15070, Negative Declaration No. 2000-03 has been
prepared. The Negative Declaration's review period began June 2, 2000, and
ended June 21. 2000.
VARIANCE/MINOR VARIANCE
(k) There are special circumstances applicable to the property (e.g., location, shape,
size, surroundings, topography, or other conditions), so that the strict application
of this Development Code denies the property owner privileges enjoyed by other
property owners in the vicinity and under identical zoning districts or creates an
unnecessary and non -self created, hardship or unreasonable regulation which
make it obviously impractical to require compliance with the development
standards.
The Variance request is to allow a reduction -in the rear setback for the tennis
court with fencing and lighting. The Minor Variance is to allow a minimum
deviation in the residence's maximum permitted height by the addition of three
(3) feet for the chimneys height that the City considers a projection.
Pursuant to the Development Code, a residential structure in the R-1-40,000
Zone is required to maintain a 20 foot rear setback. The tennis court with fencing
and lighting requires a Variance because, as proposed, it does not comply with
development standards specified in the Development Code. A concrete slab (i.e.,
sports court) does not have specific development standards, nor does it require a
construction permit. However, a tennis court with f encing and lighting. is
considered an accessory structure and requires a
construction permit and is required to maintain Code specified 20 feet rear
setback.
The proposed tennis court is placed with a 10 feet rear setback. The subject site
is irregularly shaped, and considering the lot's configuration and the fact the
setback reduction is not adjacent to a residence and abuts the neighbor's tennis
court on the east side and is dug into the slope on the south side. It is anticipated
that the setback reduction impact will be insignificant. Tennis courts are common
place in "The Country Estatesff and have been approved in the past with similar
setbacks.
Tennis court fencing within a required setback requires a Variance because it
does not comply with the allowed maximum six foot height. Tennis court fencing
is proposed at a height of 10 feet. The fencing is % mesh chain link with green or
black vinyl. Since the required setbacks are reduced, a Variance approval is
required for the fence height within the required setback. - The same setback
requirement applies to the tennis court light fixtures. Since some of the fixtures
will be located within the required setback, a Variance approval is also required.
Pursuant to Code, these fixtures are not to be located closer than 10 feet to the
adjacent property line except as approved by a Variance.
Approval of the Minor Variance would allow the chimneys to project a maximum
of three (3) feet above the maximum allowed height of 35 feet for -a residential
structure. The Development Code standard for the maximum height for a
residential structure is 35 feet as measured from the natural or finished grade
adjacent to any point at each exterior wall of the structure to the highest point of
the roofline, above'and parallel to the natural or finished grade. The proposed
project meets this requirement except for the chimneys projecting above the
roofline. The Development Code allows for a 10 percent height increase with the
Minor Variance application. The chimneys increase the residential structure's
height by three (3) feet or approximately 10 -percent.
TREE PERMIT
(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 district and denied to the property owner for which the
Variance is sought.
The granting of the Variance is based on the facts that the use is consistent with
the surrounding homes in the vicinity. The subject site is irregularly shaped, and
considering the lot's configuration and the fact the setback reduction is not
adjacent to a residence and is indeed abutting the neighbor's tennis court on the
east side and dug into the slope On the south side, it is anticipated that the
setback reduction impact will be insignificant. The Development Code allows for a
10 percent height increase with the Minor Variance application and the chimneys
increase the residential structure's height by three (3) feet or approximately 10
percent. Additionally, other homes within "The Country Estates" are similar and
enjoy the same recreational amenities and height projection as proposed by this
Application. As a result 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 property owner for which
the Variance and Minor Variance is sought.
(m) Granting the Variance is consistent with the General Plan and any applicable
specific plan.
As stated above in Items (e) and (k), granting the Variance and Minor Variance is
consistent with the General Plan and any applicable specific plan.
(n) The proposed entitlement would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
As stated above in Items (f), (g), (h), (i), (k), (1) and (m), the proposed
entitlement would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
(o) 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 two
walnut trees, one 10 DBH and one 18" DBH at the southeast side of the property
to utilize a tennis court. 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.
Replacement for these trees is at a 3:1 ratio for a total of six -trees. The
replacement trees are required to be 361, box and of a native species chosen
from: Sycamore, Walnut, Oak, California Pepper or Arroyo Willow.
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 June 27, 2000, as
submitted to and approved by the Planning Commission. Additional colors for
Gazebo and stamped concrete shall be reviewed and approved by the Planning
Division and made a part of Exhibit "Aff.
(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
(d) Tree Protection Requirements as required per Section 22.38.140 shall be installed
for the remaining Walnut trees before issuance of City permits.
(e) Prior to the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan for the Planning Division's approval. Said plan shall
delineate six replacement trees as 36" box and of the - native variety from
preserved species list: Sycamore, Arroyo Willow, Oak, California Pepper or
Walnut. Additionally, trees located at north of the tennis court shall be delineated
as 36" box trees for screening closest to the street,
3-) Proper drainage with detailed sketches;
(f) 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.
(g) 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:
4) Proposed and existing grades;
(1)
5)
n/stam ed b a civil engineer, geotechnical
ineer and eolo ist;
6
earl delineate all easements;
[�i
7
tainin walls shall not be constructed of
od or wood roducts;
8
tainin walls shall be required to be
rnamental by using stucco or decorative
lock;
9 ndicate retaining wall locations on grading
Ilan 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;
(10) All grading is subject to Development Code Sections 22.16.030 (Air
Emissions) and Section 22.28 (Noise).
(11) All grading is subject to National Pollutant Discharge Elimination System
(NPDES) standards and incorporate the Best Management Practices
(BMP's). Additionally, the applicant shall obtain any necessary NPDES
permits.
(h) -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.
(i) There is currently no public sewer system. The Applicant shall show septic tanks
location, size and details on the plans. The Los Angeles County Health
Department and City Geotechnical Engineer shall approve these plans prior to the
issuance of any City permits. The property owner shall be required to sign and
record the City's agreement for use of a septic system.
Q) Tennis court lighting fixtures shall comply with the following:
(1) Light f ixtures shall not be located closex
than 1-0 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,
mounted and maintained so that, with appropriate shielding, the light source is
10
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 footcandle measured from grade to a
height of 12 f eet. The incident light level upon any habitable building on
an adj acent property shall not exceed .05 footcandle.
(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) In the event that an illuminated court surface is visible from another parcel,
the court surface shall be treated with a low reflectance, dark -colored
coating.
(k) The single-family structure shall meet the 1998 California Building Code, California
Plumbing Code, California Mechanical Code, and California Electrical Code
requirements.
(1) The minimum design wind pressure shall be 80 miles per hour and "C exposure.
(m) 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" tile roofs shall be fire
stopped at the eaves to preclude entry of the f lame 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 1/4 inch nor
more than % inch in any dimension except where such openings are
equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum % inch screen.
(n) This single-family structure shall meet the State Energy Conservation Standards.
(o) 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.
(p) Site, driveway grade, and house design shall be approved by the Fire Department.
The maximum slope is 15% per the Public Works Division.
(q) Maximum height of the structure shall not exceed 35 feet from the finish grade at any
exterior wall of. the structure to the highest point of the roofline. The maximum
height of the chimneys shall not exceed three (3) feet above the roofline.
(r) 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.
(s) The Applicant shall comply with Planning and Zoning; Building and Safety; and,
Public Works and Fire Department requirements.
(t) The 11,427 square foot single-family residence shall not be used in a manner that
creates adverse effects upon the neighborhood and environmental setting of the
residen -tial site to levels of dust, glare/light, noise,' odor, traffic, or other
disturbances to the existing residential neighborhood and shall not result in
significantly adverse effects on public services and resources. The single-family
residence shall not be used for commercial/institutional purposes, or otherwise
used as a separate dwelling. The property shall not be used for regular
gatherings which result in a nuisance or which create traffic and parking problems
in the neighborhood.
(u) 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.
(v) 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.
(w) 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 Mark and Tara Kuo, P. 0. Box 50907,
Irvine, CA, 92619, and Twen Ma Architects, 195 Mt. Olive Drive, Bradbury, CA
91010.
APPROVED AND ADOPTED THIS 27TH DAY OF JUNE 2000, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
4(40, 1, By:
Steve 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 27th day of June 2000, by the following vote:
AYES: Ruzicka, Kuo, Vice -Chairman zirbes, Chairman Nelson
NOES: ABSENT: Tye ABSTAIN: ATTEST:
dames'DeSt piano. S
ames De St —ano, Secretary
D: WORD-LINDA/PLANCOMM/PROJECTS/DR2000-06 2515 CROWFOOT/RESO DR2000-06
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