HomeMy WebLinkAboutPC 2000-15PLANNING COMMISSION
RESOLUTION NO. 2000-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING ADMINISTRATIVE
DEVELOPMENT REVIEW NO. 2000-07 AND VARIANCE NO.
2000-05, A REQUEST TO CONSTRUCT A TWO STORY
SINGLE FAMILY RESIDENCE OF APPROXIMATELY 9,692
SQUARE FEET, WHICH INCLUDES TWO (2) TWO -CAR
GARAGES AND SECOND STORY DECKS, LAP POOL WITH
SPA, POND WITH WATERFALL, PAVILION, CRIB WALLS
THAT REACH A MAXIMUM HEIGHT OF APPROXIMATELY 25
FEET AND ACCEPTING NEGATIVE DECLARATION NO.
2000-04. THE PROJECT SITE IS LOCATED AT 2001
DERRINGER LANE (LOT 73, TRACT NO. 30091),
DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Gene Pascual has filed an application
for Administrative Development Review No. 2000-07,
- Variance No. 2000-05 and Negative Declaration No. 2000-04
for a property located at 2001 Derringer Lane, Diamond
Bar, California. Hereinafter, in this Resolution, the
subject Administrative Development Review, Variance and.
Negative Declaration shall be referred to as the
"Application".
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2. Notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on July 13, 2000.
Public hearing notices were mailed to approximately 50
property owners of record within a 700 foot radius of the
project on July 13, 2000. Furthermore, the project site
was posted with a display board on July 13, 2000 and
displayed for at least 20 days before the public hearing.
A notice of public hearing was posted at three public
places on July 14, 2000.
3. The Planning Commission of the City of Diamond Bar on
August 8, 2000 conducted a duly noticed public hearing'on
the Application.
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B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved byt��V�i�°d°�,
o;m :;
the Planning Commission of the City of Diamond Bar as ,.,y!
follows:
1. This 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. 2000-04 has
been prepared by .the City of Diamond Bar in compliance
with the requirements of the California Environmental
Quality Act (CEQA) of 1970 and, guidelines promulgated
thereunder, pursuant to Section 15070. Furthermore,
Negative Declaration No. 2000-04 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 the 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 wild life 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 vacant lot located within a
gated community identified as "The Country Estates".
The project site is approximately 4.51 gross acres
and 3.64 net acres. The project site is rectangular
f shaped with a rear yard that slopes down toward the
canyon. According to the Tract Map, the project
site contains a restricted use area and flood hazard
area located at the northwest end of the property.
However, the County of Los Angeles abandoned the
restricted use area dedication on June 7, 1972. An
easement for slope purposes and ingress/egress is
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located in the southern portion of the lot. A ten
foot easement for storm drain purposes and six foot
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easement to the County -``&f --Los Angeles for Sanitary
f- Sewer Purposes traverses the southern portion of the
lot from the street front of the property to the
rear property line.
(b) The project site has a General Plan land use
designation of Rural Residential. (RR) Maximum 1
dwelling unit per acre
(c) The zoning designation for the project site is
Single Family Residential - Minimum Lot Size 40,000
Square Feet (R-1-40,000).
(d) Generally, the following zones and uses surround the
project site: to the north, south, east, and west
is the R-1-40,000 Zone.
(e) The application request is to construct a two story
single family residence of approximately 9,692
square feet, which includes two (2) two -car garages
and second story decks. The request also includes a
lap pool with spa, pond with waterfall, and
pavilion.
ADMINISTRATIVE DEVELOPMENT REVIEW:
(f) The design and layout of the proposed development
are consistent with the General Plan, development
standards of the applicable district, design
guidelines, and architectural criteria for special
areas (e.g. theme areas, specific plans, community
plans, boulevards or planned developments).
Tract Map No. 30091 was approved by Los Angeles
County August 20, 1969 prior to the City of Diamond
Bar's incorporation and sited for residential
development. On July 25, 1995, the City adopted its
General Plan. Although the Tract was established
prior to the General Plan's adoption, it complies
with the General Plan land use designation of RR -
Maximum 1 dwelling unit per acre since the project
site is 4.51 acres. Additionally, the proposed
project complies with the General Plan objectives
and strategies and the City's Design Guidelines
related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the
proposed project is compatible with the eclectic
architectural style, colors and material of other
houses within "The Country Estates".
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(g) The design of the proposed development will not
interfere with the use and enjoyment of neighboring
existing or future developments, and will not createhri',
traffic or pedestrian hazards.
The proposed project involves construction of a new
single family residence, which is consistent with
other single family residences within "The Country
Estates". As such, the proposed single family
residence is not expected to interfere with the use
and enjoyment of neighboring existing or future
development. The proposed single family residence
is not expected to create traffic or pedestrian
hazards due to the fact that the use is the same and
Derringer adequately serves the project site and was
established to handle minimum traffic created by
this type of development.
(h) The architectural design of the proposed development
is compatible with the character of the surrounding
neighborhood and will maintain and enhance the
harmonious orderly and attractive development
contemplated by this Chapter, the General Plan, or
any applicable specific plan.
P� a
The proposed architectural style is Contemporary.
It is compatible with the eclectic architectural
style of surrounding single family residences. The
form, mass, and profile of the single family
residence is designed to blend. with the natural
terrain of the hills within "The Country Estates" by
placing the building parallel with the contours of
the hillside. The proposed single family residence
is well designed with a variety of materials and
earthtone colors that helps create a more attractive
development on a hillside. As a result, the
proposed single family residence is architecturally
compatible with the character of the surrounding
neighborhood.
This project has also received the approval of "The
Country Estates" architectural committee.
(i) The design of the proposed development will provide
a desirable environment for its occupants and
visiting public as well as its neighbors through a
good aesthetic use of materials, texture and color,
and will remain aesthetically appealing.
H
P As referenced in the above findings, the proposed
project 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 while offering a low level of maintenance.
(j) The proposed development 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.
Before the issuance of any City permits, the
proposed project is required to comply with all
conditions within the approved resolution.
Additionally, the proposed project is required to
comply with the Building and Safety Division, Public
Works Division, and Fire Department requirements.
The referenced agencies through the permit and
inspection process will ensure that the proposed
project is not detrimental to the public health,
h- safety, or welfare or be materially injurious to the
properties or improvements in the vicinity.
(k) 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), Section 15070, the
City has determined that a Negative Declaration is
required for this project. Negative Declaration No.
2000-04 has been prepared. The Negative Declaration
review period began July 13, 2000 and ended August
1, 2000.
VARIANCE:
(1) 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
5
make it obviously impractical to require compliance
with the development standards;
The lot does not contain a flat buildable
pad. The
development of a single family dwelling unit
requires fill along the hillside and a retaining
wall to support the added fill. Therefore, due to
the topographic constraints of the lot, the
applicant is denied the same privileges enjoyed by
other property owners in the vicinity. Furthermore,
a substantial number of homes located in the same
vicinity have walls that are higher than six feet.
The applicant is one of the last single family
residences to be developed in this tract. Without a
Variance approval, the applicant is denied the same
enjoyment and privileges, which other neighboring
single family residences in the same zoning district
possess with similar topographic features.
(m) 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 Minor Variance
is
sought;
Prior to December 3, 1999, the City of Diamond Bar
followed development standards adopted by the County
of Los Angeles. These development standards allowed
retaining walls in excess of six feet in height.
Therefore, granting the Variance is necessary for
the preservation and enjoyment of substantial rights
possessed by other property owners. As referenced
in Item (1), the applicant is one of the last single
family residences to be developed in this tract. A
substantial number of homes located in the same
vicinity have walls that are higher than six feet.
Therefore, 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.
(n) Granting the Variance is consistent with the General
Plan and any applicable specific plan;
The development is consistent with the General Plans
land use designation of Rural Residential (RR).
r.
Furthermore, the retaining walls comply with the
Hillside Management Section of the Development Code.
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(o) The proposed entitlement would not be detrimental to
the public interest, health, safety, convenience or
welfare -of the City; and
City permits, inspections, and soils reports are
required for construction to ensure that the
finished product will not be detrimental to the
public health, safety, or welfare, or materially
injurious to the properties or improvements in the
vicinity.
As mentioned in Items (f),(g), and (h), the proposed
single family was reviewed to meet the City's Design
Guidelines. The proposed architecture and use of
materials/colors was reviewed to ensure an
aesthetically pleasing development. Therefore, it
is anticipated that the proposed single family
residence will not be detrimental, but compliment
and add to the economic, physical, and social
character of the City as contemplated in the General
Plan.
(p) The proposed entitlement has been reviewed in
compliance with the provisions of the California
Environmental Quality Act (CEQA).
5. Based on the findings and conclusions set forth above
the Planning Commission hereby approves the
Application subject to the following conditions:
(a) The project shall substantially conform to site
plan, floor plan, elevations, cross sections,
color/materials board collectively labeled as
Exhibit "A" and dated August 8, 2000, as submitted,
amended herein and approved by the Planning
Commission.
(b) The site shall be maintained in a condition, which
is -free of debris both during and after the
construction, addition, or implementation of the
entitlement 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.
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It shall be the applicant's obligation to ensure
that the waste contractor utilized has obtained
permits from the City of Diamond Bar to provide such Eli
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) Prior to the issuance of -any permits, the applicant
shall submit a final landscape/ irrigation plan for
the City's review and approval. Furthermore, the
applicant shall install all of the approved
landscaping and irrigation including all crib wall
landscaping and irrigation prior to the issuance of
the Certificate of Occupancy and Planning Division's
final inspection.
(e) Prior to the issuance of a grading or building
permit and prior to commencement of work, the
applicant shall ensure the four existing Black
Walnut trees are retained by enclosing the existing
trees with chain link fencing that is a minimum of
five feet in height or by another protective barrier
approved by the Director. The fencing or barriers
shall be placed at least five feet outside the drip
line of trees to be protected. No equipment or
debris of any kind shall be placed within the
protective barriers.
(f) On the grading plan, the applicant shall delineate
the following:
1) Cut and fill quantities and calculations;
2) All flow lines, finished surfaces, and finished
grades;
3) Proper drainage with detailed sketches;
4) Proposed and existing grades;
5) Crib walls -and any proposed retaining walls
(indicating top of wall, finished surface and
top of footing); and
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6) All easements.
(g) Prior to the issuance of City permits, a final soils
report shall submitted to the Public Works Division
for review and approval.
(h) Any impact of the new structure on the sewage
capacity shall be reviewed and approved by the City.
(i) Prior to the issuance of any City permits, the
applicant shall submit retaining wall details and
calculations for the City's review and approval.
(j) The single family structureshall meet the 1998
Uniform Building Code, Uniform Plumbing Code,
Uniform Mechanical Code and the 1996 National
Electric code requirements.
(k) Building setback from any slopes (toe or top) shall
meet Section 18 of the 1998 Uniform Building Code.
(1) The minimum design wind pressures shall be 80 miles
per hour & "C" exposure.
a—,
(m) This single family home is located in "Fire Zone 4"
and shall meet all requirements of the fire zone:
1) All roof covering sha11 be "Fire Retardant".
Tile roofs --shall be fire stopped at the eaves to
preclude entry of the flame or members under the
fire.
2) All unenclosed underfloor areas shall be
constructed as exterior wall.
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/a inch in any dimension except where such
openings are equipped with sash or door.
4) Chimneys shall have spark arrestors of maximum 1/2
inch screen.
(n) This residence shall meet the State Energy
,- Conservation Standards.
x� (o) Surface water- shall drain away from building at a 2%
minimum slope.
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(p) The applicant shall obtain a separate permit for lap
pool with, spa, pond with waterfall, pavilion, and
any other accessory structures.
(q) The applicant shall acknowledge that the pathways
within the easement areas may be subject to
destruction and/or removal if needed. In the event
of destruction and/or removal, the applicant shall
be responsible for replacing and/or repairing the
pathways.
(r) Applicant shall obtain Fire department approval,
which is required due to the project location.
(s) The applicant shall comply with Planning and Zoning
and Building and Safety, and Public Works Divisions'
and Fire Department requirements.
(t) 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 requested in writing and submitted to the
City 30 days prior to this grant's expiration date.
(u) If the Department of Fish and Game determines that
Fish and Game Code Section 711.2 applies to the
approval of this project, then the applicant shall
remit to the City a cashier's check, payable to the
County Clerk, in the amount 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
pursuant to Fish and Game Code Section 711.4 because
the project has more than a deminimus impact on fish
and wildlife then 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.
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—, 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: Mr. Gene
Pascual, 14326 Spring Crest Drive, Chino Hills,
CA 91709.
APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST 2000, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY.
eve Nelson, Chairman
I, James Destafano, Secretary, do hereby certify that the
foregoing Resolution was duly introduced, passed and adopted by
the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 8th day of August
2000, by the following vote:
AYES: Tye, VC/Zirbes, Kuo, Chair/Nelson, Ruzicka
NOES:
ABSENT:
ABSTAIN:
BY:
Jame eStefano� Secretary
1
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PLANNING COMMISSION RESOLUTION NO. 2000-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING ADMINISTRATIVE DEVELOPMENT REVIEW
NO. 2000-07 AND VARIANCE NO. 2000-05, A REQUEST TO CONSTRUCT A
TWO STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 9,692
SQUARE FEET, WHICH INCLUDES TWO (2) TWO -CAR GARAGES AND
SECOND STORY DECKS, LAP POOL WITH SPA, POND WITH
WATERFALL, PAVILION, CRIB WALLS THAT REACH A MAXIMUM HEIGHT
OF APPROXIMATELY 25 FEET AND ACCEPTING NEGATIVE
DECLARATION NO. 2000-04. THE PROJECT SITE IS LOCATED AT 2001
DERRINGER LANE (LOT 73, TRACT NO. 30091),
DIAMOND BAR, CALIFORNIA.
A. RECITALS
1.The property owner, Gene Pascual has filed an application
for Administrative Development Review No. 2000-07, Variance No. 2000-05 and Negative
Declaration No. 2000-04 for a property located at 2001 Derringer Lane, Diamond Bar,
California. Hereinafter, in this Resolution, the subject Administrative Development Review,
Variance and. Negative Declaration shall be referred to as the "Application".
2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune
and Inland Valley Daily Bulletin newspapers on July 13, 2000. Public hearing notices were
mailed to approximately 50 property owners of record within a 700 foot radius of the project
on July 13, 2000. Furthermore, the project site was posted with a display board on July 13,
2000 and displayed for at least 20 days before the public hearing. A notice of public hearing
was posted at three public places on July 14, 2000.
3. The Planning Commission of the City of Diamond Bar on August 8, 2000 conducted a duly
noticed public hearing on the Application.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as
follows
1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
etermines that, having considered the record as a whole
The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 2000-
04 has been prepared by the -City of Diamond Bar in compliance with the requirements of the California
Environmental Quality Act (CEQA) of 1970 and, guidelines promulgated thereunder, pursuant to Section
15070. Furthermore, Negative Declaration No. 2000-04 reflects the independent judgement of the City
of Diamond'Bar.
including the findings set forth below, and changes and
3. The Planning Commission hereby specifically finds and
terations which have been incorporated into and
4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as
follows
onditioned upon the proposed project set forth in the
(a) The project relates to vacant lot located within a gated community identified as "The Country Estates". The project
site is approximately 4.51 gross acres and 3.64 net acres. The project site is rectangular shaped with a rear
yard that slopes down toward the canyon. According to'the Tract Map, the project site contains a restricted
use area and flood hazard area located at the northwest end of the property. However, the County of Los
Angeles abandoned the restricted use area dedication on June 7, 1972. An easement for slope purposes and
ingress/egress is located in the southern portion of the lot. A ten foot easement for storm drain purposes and
six foot
application, there is no evidence before the Planning
ommission that the project proposed herein will have the
otential of an adverse effect on wild life resources or
he habitat upon which the wild life depends. Based upon
ubstantial evidence, this Planning Commission hereby
ebuts the presumption of adverse effects contained in 9
ection 753.5 d of Title 14 of the California Code of
e ulations.
4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as
follows
(a) The project relates to vacant lot located within a gated community identified as "The Country Estates". The project
site is approximately 4.51 gross acres and 3.64 net acres. The project site is rectangular shaped with a rear
yard that slopes down toward the canyon. According to'the Tract Map, the project site contains a restricted
use area and flood hazard area located at the northwest end of the property. However, the County of Los
Angeles abandoned the restricted use area dedication on June 7, 1972. An easement for slope purposes and
ingress/egress is located in the southern portion of the lot. A ten foot easement for storm drain purposes and
six foot
easement to the County",—'i6ft"Llos' Angeles for Sanitary
Sewer Purposes traverses the southern portion of the lot from the street front
of the property to the rear property line.
(b) The project site has a General Plan land use designation of Rural Residential.
(RR) Maximum 1 dwelling unit per acre
(c) The zoning designation for the project site is Single Family Residential -
Minimum Lot Size 40,000 Square Feet (R-1-40,000).
(d) Generally, the following zones and uses surround the project site: to the north,
south, east, and west is the R-1-40,000 Zone.
(e) The application request is to construct a two story single family residence of
approximately 9,692 square feet, which includes two (2) two -car garages and
second story decks. The request also includes a lap pool with spa, pond with
waterfall, and pavilion.
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(f) The design and layout of the proposed development are consistent with the
General Plan, development standards of the applicable district, design
guidelines, and architectural criteria for special areas (e.g. theme areas,
specific plans, community plans, boulevards or planned developments).
Tract Map No. 30091 was approved by Los Angeles County August 20, 1969
prior to the City of Diamond Bar's incorporation and sited for residential
development. On July 25, 1995, the City adopted its General Plan. Although
the Tract was established prior to the General Plan's adoption, it complies
with the General Plan land use designation of RRmaximum 1 dwelling unit
per acre since the project site is 4.51 acres. Additionally, the proposed project
complies with the General Plan objectives and strategies and the City's
Design Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed project is
compatible with the eclectic architectural style, colors and material of other
houses within -The Country Estates".
(g) The design of the proposed development will not interfere with the use and enjoyment of neighboring
existing or future developments, and will not create traffic or pedestrian hazards.
The' proposed project involves construction of a new single family residence, which is
consistent with other single family residences within "The Country Estates". As such,
the proposed single family residence is not expected to interfere with the use and
enjoyment of neighboring existing or future development. The proposed single family
residence is not expected to create traffic or pedestrian hazards due to the fact that
the use is the same and Derringer adequately serves the project site and was
established to handle minimum traffic created by this type of development.
(h) The architectural design of the proposed development is compatible with the character of the
surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive
development contemplated by this Chapter, the General Plan, or any applicable specific plan.
The proposed architectural style is Contemporary. It is compatible with the eclectic architectural style of
surrounding single family residences. The form, mass, and profile of the single family residence is
designed to blend. with the natural terrain of the hills within "The Country Estates" by placing the
building parallel with the contours of the hillside. - The proposed single family residence is well
designed with a variety of materials and earthtone colors that helps create a more attractive
development on a hillside. As a result, the proposed single family residence is architecturally
compatible with the character of the surrounding neighborhood.
This project has also received the approval of "The Country Estatesff architectural
committee.
(i) 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, and will remain aesthetically appealing.
VARIANCE:
As referenced in the above findings, the proposed project 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 while offering a low level of maintenance.
Q) The proposed development 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.
Before the issuance of any City permits, the proposed project is required to comply
with all conditions within the approved resolution. Additionally, the proposed project is
required to comply with the Building and Safety Division, Public Works Division, and
Fire Department requirements. The referenced agencies through the permit and
inspection process will ensure that the proposed project is not detrimental to the
public health, safety, or welfare or be materially injurious to the properties or
improvements in the vicinity.
(k) 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),
Section 15070, the City has determined that a Negative Declaration is required for
this project. Negative Declaration No. 2000-04 has been prepared. The Negative
Declaration review period began July 13, 2000 and ended August 1, 2000.
(1) 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-selfcreated, hardship or unreasonable regulation which
make it obviously impractical to require compliance with the development
The lot does not contain a flat buildable pad. The development of a single
family' dwelling unit requires fill along the hillside and a retaining wall to
support the added fill. Therefore, due to the topographic constraints of the lot,
the applicant is denied the same privileges enjoyed by other property owners
in the vicinity. Furthermore, a substantial number of homes located in the
same vicinity have walls that are higher than six feet. The applicant is one of
the last single family residences to be developed in this tract. Without a
Variance approval, the applicant is denied the same enjoyment and privileges,
which other neighboring single family residences in the same zoning district
possess with similar topographic features.
(m) 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
Minor Variance is sought;
Prior to December 3, 1999, the City of Diamond Bar followed development
standards adopted by the County of Los Angeles. These development
standards allowed retaining walls in excess of six feet in height. Therefore,
granting the Variance is necessary for the preservation and enjoyment of
substantial rights possessed by other property owners. As ref erenced in Item
(1), the applicant is one of the last single family residences to be developed in
this tract. A substantial number of homes located in the same vicinity have
walls that are higher than six feet. Therefore, 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.
(n) Granting the Variance is consistent with the General Plan and any applicable
The development is consistent with the General Plans land use designation of Rural
Residential (RR) . Furthermore, the retaining walls comply with the Hillside Management
Section of the Development Code.
(o) The proposed entitlement would not be detrimental to the public interest, health,
safety, convenience or welfare -of the City; and
City permits, inspections, required for and soils reports are to ensure
construction finished product will not that the
public health, safety, or injurious to the be detrimental to the welfare, or
properties vicinity. materially or improvements in
the
As mentioned in Items ft(g), and (h), the proposed single family was
reviewed to meet the City's Design Guidelines. The proposed architecture
and use of materials/colors was reviewed to ensure an aesthetically pleasing
development. Therefore, it is anticipated that the proposed single family
residence will not be detrimental, but compliment and add to the economic,
physical, and social character of the City as contemplated in the General
Plan.
(p) The proposed entitlement has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
S. Based on the findings and conclusions set forth above the Planning Commission
hereby approves the Application subject to the following conditions:
(a) The project shall substantially conform to site
plan, floor plan, elevations, cross sections, color/materials board collectively ,
labeled as Exhibit "A" and dated August 8, 2000, as submitted, amended
herein and approved by the Planning
Commission.
(b) The 'site shall be maintained in a condition, which is -free of debris both during
and after the construction, addition, or implementation of the entitlement
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 ensure 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) Prior to the issuance of -any permits, the applicant shall submit a final landscape/
irrigation plan for the City's review and approval. Furthermore, the applicant shall
install all of the approved landscaping and irrigation including all crib wall landscaping
and irrigation prior to the issuance of the Certificate of Occupancy and Planning
Division's final inspection.
(e) Prior to the issuance of a grading or building permit and prior to commencement of work,
the applicant shall ensure the four existing Black Walnut trees are retained by
enclosing the existing trees with chain link fencing that is a minimum of five feet in
height or by another protective barrier approved by the Director. The fencing or
barriers shall be placed at least five feet outside the drip line of trees to be protected.
No equipment or debris of any kind shall be placed within the protective barriers.
(f) On the grading plan, the applicant shall delineate the following:
1) Cut and fill quantities and calculations;
2) All flow lines, finished surfaces, and finished grades;
3) Proper drainage with detailed sketches;
4) Proposed and existing grades;
5) Crib walls -and any proposed retaining walls (indicating top of wall, finished surface and
top of footing); and LAI
6) All easements.
(g) Prior to the issuance of City permits, a final soils report shall submitted to the -Public
Works Division for review and approval.
(h) Any impact of the new s-tructure on the sewage capacity shall be reviewed and approved
by the City.
(i) Prior to the, issuance of -any City permits, the applicant shall submit retaining wall details
and calculations for the City's review and approval.
Q) The single family structure shall meet the 1998
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the
1996 National Electric code -requirements.
(k) Building setback from any slopes (toe or top) shall meet Section 18 of the 1998 Uniform
Building Code. (1) The minimum design wind pressures shall be 80 miles per hour & "C"
exposure.
(m) This single family home is located in "Fire Zone 4" and shall meet all requirements of the fire zone:
1) All roof covering shall be "Fire Retardant". Tile roofs --shall be fire stopped at the
eaves to preclude entry of the flame or members under the fire.
2) All unenclosed under 'floor areas shall be constructed as exterior wall.
3) All openings into the- attic, floor and/or other enclosed areas shall be covered with
corrosionresistant wire mesh not les -s than % 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 arrestors of maximum 1/2 inch screen.
(n) This residence shall meet the State Energy Conservation Standards.
(o) Surface water shall drain away from building at a 2% minimum slope.
17- "r-Ifr "M 71T7
(p) The applicant shall obtain a separate permit for lap pool with, spa, pond with waterfall,
pavilion, and any other accessory structures.
(q) The applicant shall acknowledge that the pathways within the easement areas may be
subject to destruction -and/or removal if needed. In the event of destruction and/or
removal, the applicant shall be responsible for replacing and/or repairing the
pathways.
(r) Applicant shall -obtain Fire department approval, which is required due to the project
location.
(s) The applicant shall comply with Planning and Zoning and Building and Safety, and Public
Works Divisions' and Fire Department requirements.
(t) 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 requested in writing
and submitted to the City 30 days prior to this grant's expiration date.
(u) If the Department of Fish and Game determines that Fish and Game Code Section
711.2 applies to the approval of this project, then the applicant shall remit to the City
a cashier's check, payable to the County Clerk, in the amount 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 pursuant to Fish
and Game Code Section 711.4 because the project -has more than a deminimus
impact on fish and wildlife then 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.
–iii10''17-1 —'–'-7L!
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:
Mr. Gene Pascual, 14326 Spring Crest Drive, Chino Hills, CA 91709.
/_1»:ii��/��7_\�1�7_\�Z�]i���i�a6�i�:■�L\'ti]i/_l�lel�)l,�Z►�i=iZ�3i �'f�a�
BY: eve Nelson, Chairman
If James Destafano, Secretary, do hereby certify that the foregoing Resolution was duly introduced,
passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular th
meeting of the Planning Commission held on the 8 day of August 2000, by the following vote:
AYES: Tye, VC/Zirbes, Kuo, Chair/Nelson, Ruzicka
NOES
F-111-1-1:1019
ABSTAIN: BY:
Jame eStefano— Secretary WeStefano— Secri