HomeMy WebLinkAboutPC 2000-20PLANNING COMMISSION
RESOLUTION NO. 2000-20
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 2000-11, MINOR VARIANCE NO. 2000-06,
TREE PERMIT No. 2000-03, MINOR CONDITIONAL USE
PERMIT NO. 2000-06 AND NEGATIVE DECLARATION NO.
2000-06, A REQUEST TO CONSTRUCT A THREE-STORY
SINGLE FAMILY RESIDENCE WITH A FIVE CAR GARAGE,
DECKS AND BALCONIES TOTALING TO APPROXIMATELY
10,460 SQUARE FEET. THE REQUEST ALSO INCLUDES A
SWIMMING POOL, TWO SPAS, AND REAR RETAINING WALL
WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE
PROJECT SITE IS LOCATED AT 23415 PLEASANT MEADOW
(LOT 22, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mr. Surinder Bhogal has filed
an application for Development Review No. 2000-11, Minor
Variance No. 2000-06, Tree Permit No. 2000-03 and Minor
Conditional Use Permit No. 2000-06 for a property located
at 23415 Pleasant Meadow, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject
Development Review, Minor Variance, Tree Permit,
Conditional Use Permit, and Negative Declaration shall be
referred to as the "Application."
2. On September 27, 2000, public hearing notices were mailed
to approximately 30 property owners within a 500 -foot
radius of the project site, and posted in three public
places. On September 28, 2000, the project site was posted
with a display board. On September 29, 2000, notification
of the public hearing for this project was provided in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers.
3. On October 24, 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:
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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. 2000-06 have 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. 2000-06 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 ithe findings set forth below, and changes and
alterations which 1 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 on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant lot located within a
gated community identified as "The Country Estates."
The project site is a vacant lot, somewhat rectangular
shaped, widening and sloping down toward the rear
property line into a ravine. The topographic
difference from street level to the ravine is about
120 feet. The project site is approximately 2.44
gross acres (2.32 net acres). According to Tract Map
No. 23483, the project site does not contain any
easements or restricted use areas.
(b) The project site has a General Plan land use
designation of Rural Residential (RR) -Maximum 1 DU/AC.
(c) The project site is within the Single Family
Residence -Minimum Lot Size 40,000 Square Feet
(R-1-40,000) Zone interpreted as Rural Residential
(RR) Zone.
(d) Generally, the following zone surround the project n
site: to the north, south, east and west is the
R-1-40,000 Zone.
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(e) The Application request is to construct a three-story
(two -stories and basement) single-family residence
with a five car garage, decks and balconies totaling
to approximately 10,460 square feet. It will also
allow the construction of a swimming pool, two spas
and rear retaining walls with a maximum six foot
exposed height.
Development Review
(f) The design and layout of the proposed development is
consistent with the applicable elements of the City's
General Plan, City Design Guidelines, and development
standards of the applicable district, design
guidelines, and architectural criteria for special
areas (e.g., theme areas, specific plans, community
plans, boulevards or planned developments).
The project site is an infill lot existing prior to
the City of Diamond Bar's incorporation and cited 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 DU/AC since
the project site is 2.44 gross 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 homes within "The Country Estates."
(g) 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 was planned for the development of
a single family residence. The proposed project is a
single family residence, which is consistent with
single family residences established within "The
Country Estates". As such, the proposed residence is
not expected to interfere with the use and enjoyment
of neighboring existing or future development. The
proposed residence is not expected to create traffic
or pedestrian hazards due to that fact that the use
was planned with the tract's original approval and
Pleasant Meadow adequately serves the project site
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and was established to handle minimum traffic created
by this type of development. Furthermore, this
street and all other streets within "The Country
Estates" are private streets managed and maintained
by the homeowners association within this gated I`
community.
(h) The architectural design of the proposed development
is compatible with the character of the surrounding
neighborhood and will maintain the harmonious, orderly
and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City
Design Guidelines, the City's General Plan, or any
applicable specific plan.
The proposed project's architectural style (as
referred to in application) is Mediterranean.
Architectural features such as columns, balconies,
tile roof, plane variations on each elevation along
with roof articulation, stucco exterior walls and
color scheme are consistent and compatible with
the eclectic architectural style, materials and
colors of other homes within "The Country Estates."
Therefore, the proposed project is consistent
with and will maintain and enhance the harmonious,
orderly and attractive development contemplated by
Chapter 22.48.20; the General Plan, and City Design
Guidelines. Additionally, there is not a specific
plan for this area.
(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 that will remain
aesthetically appealing and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings and the
colors/materials, 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
variety in color and texture related to stucco and
stone accent and a low level of maintenance
(j) The proposed development will not be detrimental to
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; and
- - I i_ -6.". . _, _4- -, , - , "_ ,-1� .+., .-
Before the issuance of any City permits, the proposed
project is required to comply with all conditions
within the approved resolution and the Building and
Safety Division, 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 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. 2000-06 has been prepared. The Negative
Declaration Review begins September 29, 2000, and ends
October 18, 2000.
Minor Variance
i-' (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 the City's 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
makes it obviously impractical to require compliance
with the development standards;
The Minor Variance request is to allow a 20 percent
reduction of the front yard setback for the residence.
The Development Code requires a 30 foot front yard
setback within the R-1-4000 Zone. The 20 percent
reduction would allow a 24 foot front yard setback.
The project site is a steep lot without a buildable
pad area. Due to the steepness of the site, a
retaining wall is required to support the rear portion
of the pad. If the front yard setback was maintained
at 30 feet, this rear retaining wall would have an
exposed height of eight feet or more. Additionally,
more grading and clearing of natural vegetation would
be required to create a buildable pad area.
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The City's Design Guidelines and General Plan
encourages minimizing wall height. Therefore, it is
- conducive to reduce the front yard setback to 24 feet,
thereby causing the rear retaining wall to have a aG;jrl
maximum exposed height of six feet, reducing the N
earthwork and causing more of the natural vegetation
to remain.
(m) Granting the Minor Variance is necessary for the
preservation and enjoyment of substantial property
rights possessed by other property owners in the same
vicinity and zoning districts and denied to the
property owner for which the Variance is sought;
As stated above in Item (1), granting the Minor
Variance is consistent with the City's General Plan
and Design Guidelines by minimizing wall heights and
retaining as much natural vegetation as possible.
Additionally, other homes within "The Country Estates"
maintain front yard setbacks varying from 20 feet or
greater. Therefore, the proposed 24 foot front yard
setback would be consistent with front yard setbacks
of other residences. As a result, granting the Minor
Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by
other property owners in the same vicinity and zoning
districts and denied to the property owner for which
the Minor Variance is sought.
(n) Granting the Variance is consistent with the General
Plan and any applicable specific plan;
As stated above in Items (f) and (1), granting the
Minor Variance is consistent with the General Plan and
any applicable specific plan.
(o) The proposed entitlement would not be detrimental to
the public interest, health, safety, convenience, or
welfare of the City;
As stated above in Items (g), (h), (i), (j), (1), (m)
and (n), the proposed entitlement would not be
detrimental to the public interest, health, safety,
convenience, or welfare of the City.
Tree Permit
(It shall be necessary that one or more of the following
findings is made, otherwise the application shall be
denied.)
C.
(p) The tree is so poorly formed due to stunted growth
that its preservation would not result in any
substantial benefits to the community;
(q) The tree interferes with utility services, or streets
and highways, either within or outside of the subject
property, and no reasonable alternative exists other
than removal or pruning of the tree(s);
(r) The tree is a potential public health and safety
hazard due to the risk of it falling and its
structural instability cannot be remediated;
(s) The tree is a public nuisance by causing damage to
improvements, (e.g., building foundation, retaining
walls, roadways/driveways, patios, and decks);
(t) The tree is host to an organism, which is parasitic to
another species of tree that is in danger of being
exterminated by the parasite;
(u) The tree belongs to a species which is known to be a
pyrophitic or highly flammable and has been identified
as a public safety hazard; and
(v) Preservation of the 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);
Because the project site is a steep lot without an
existing buildable pad, the property owner must create
a buildable pad to develop the project site. By
creating a buildable pad, the 11 oak/walnut trees will
be removed. The property owner is attempting
to minimize the grading and further damaging the
project site's natural vegetation. The residential
structure's design is attempting to somewhat follow
the existing terrain of the site by having one story
being viewed from the street and the lower two stories
stepping down.
By allowing tree removal, development of the project
site becomes feasible, thereby allowing the property
owner reasonable use and enjoyment of their property.
However, pursuant to Code Section 22.38.130, the
implementation of appropriate mitigation measures will
be required. It is recommended that the trees with an
eight inch DBH cited for removal and the five trees
cut down without a permit are replaced at 3:1 ratio.
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The following replacement and maintenance costs are
recommended for consideration:
24 inch boxed tree $145 each^^ -'x
Planting costs $290 each
Total $435 each
Tree maintenance cost $120 per tree, per year
for two years
Total Cost $22,275
It is also recommended that the property owner donate
the total cost of $22,275 to the City's Tree
Replacement Fund.
Due to the grade changes, development of the proposed
project and planting and maintaining of the trees on
site, the interest of City will best be served by
donating the specified cost so that trees can be
planted on public property for the whole community to
enjoy. Additionally, the long-term success of the
replacement trees would be ensured.
Minor Conditional Use Permit
(w) The proposed use is allowed within the subject zoning
district with the approval of a Minor Conditional Use
Permit and complies with all other applicable
provisions of the Development Code and the Municipal
Code;
The proposed single-family residence is permitted in
the subject zoning district as well as the circular
driveways and driveways of extra width. As amended
within, the proposed project complies with all
applicable provisions of the Development Code and the
Municipal Code.
(x) The proposed use is consistent with the General Plan
and any applicable specific plan;
The proposed wider driveway width is consistent with
the General Plan in that it assists in providing more
than adequate parking for the proposed residence and
does not degrade or interfere with the residential
characteristics of the surrounding residences and "The
Country Estates".
(y) Design, location, size and operating characteristics
of the proposed use are compatible with the existing
and future land uses in the vicinity;
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The proposed wider driveway as described in the Items
(w) and (x) above indicate that the design, location,
size and operating characteristics of the proposed
wider driveway is compatible with the existing or
" future land uses in the vicinity. Furthermore, it is
very common to see wider driveways and circular
driveways within "The Country Estates" due to the size
of the homes and the necessity to provide adequate
parking.
(z) The subject site is physically suitable for the type
and density/intensity of use being proposed including
access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical
constraints; and
The project site is approximately 2.44 acres and can
certainly accommodate the proposed wider driveway. As
discussed in Items (w), (x), and (y), the subject site
is physically suitable for the type and
density/intensity of use being proposed including
access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical
constraints.
(aa) Granting the Minor Conditional Use Permit will not be
detrimental to the public interest, health, safety,
injurious to persons, property, p y, or improvements in the
vicinity and zoning district in which the property is
located;
Before the issuance of any City permits, the proposed
project is required to comply with all conditions
within the approved resolution and the Building and
Safety Division, 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 materially
injurious to the properties or improvements in the
vicinity. Furthermore, the proposed wider driveway
does not interfere with the clear line the site for
and vehicular or pedestrian traffic.
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,
grading plan, floor plan, elevations, sections, final
landscape/irrigation plan, and colors/materials board
collectively labeled as Exhibit "A" dated October 24,
pi
2000, as submitted and approved by the Planning
Commission, and as amended herein.
(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 a
duly permitted waste contractor, who has been
authorized by the City to provide collection,
transportation, and disposal of solid waste from
residential, commercial, construction, and industrial
areas within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of Diamond
Bar to provide such services.
(c) Prior to the issuance of any City permits, the
applicant shall submit a final landscape/ irrigation
plan for the City's review and approval. Said plan
shall delineate plant species, size, quantity and
location and shall include plant materials utilized
for screening the rear retaining wall. Any other
landscaping adjacent to the retaining wall shall be
compatible with the existing native vegetation on
site. Prior to final inspection or issuance of a
Certificate of Occupancy, the applicant installed all
approved landscaping and irrigation.
(d) Prior to construction, the applicant shall install
temporary construction fencing pursuant to the
building and Safety Division's requirements along the
project perimeter.
(e) Rear retaining wall shall not exceed an exposed height
of six feet. The wrought iron fencing which will top
the retaining wall- shall not exceed a height of
3.5 feet. Additionally, the retaining wall shall be
an earth tone color.
(f) Retaining wall adjacent to .the driveway shall not
exceed 42 inches in height within the 24 foot front
yard setback.
(g) The proposed residential structure shall not maintain
a front yard setback of less than 24 feet.
(h) The Application shall replace the 11 oak/walnut trees
cited for removal at a 6:1 ratio for the five trees `.
previously removed and a 3:1 ratio for the remaining
trees for a total amount of 48 trees, 24 inch box
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size. The replacement- iYitigation shall be in the form
of a donation to the City's Tree Replacement Fund.
The donation shall include the cost of the replacement
trees in a 24 inch box size at $145 each, planting
cost -at $290 each and tree maintenance costs at $120
per tree per year for five years. The Application may
replace some trees on site and those trees shall
reduce the donation to the City's Tree Replacement
Fund. The calculation of the total donation of the
Application shall be determined based on the above
criteria and submitted to the City prior to the
issuance of -a -building permit.
(i} Oak tree that is tagged number 3620 shall be preserved
and protected pursuant to Code Section 22.38.140. The
applicant shall install protective chain-link fencing
with a minimum of height of five feet, at least five
feet outside the tree's drip line. Said fencing shall
be installed prior to the issuance of any City permits
and shall remain until final inspection or the
issuance of a Certificate of Occupancy. Excavation
within the protective barrier shall be limited to the
use of hand tools and small hand held power tools and
shall not be of a depth that can cause root damage.
Any excavation within this protective barrier shall
require the supervision of a certified arborist.
- (j) Prior to the -issuance of any City permits, the
applicant shall submit a complete grading plan in
accordance with the City's grading requirements for
the City's review and approval. The grading plan
shall delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Finish surface and finished grade; and
(5) Grading plan shall be signed/stamped by a civil
engineer, geotechnical engineer and geologist, as
required.
(k) Prior to the issuance of any City permits, the
applicant shall submit a retaining wall plan for the
City's review and approval. The retaining wall plan
shall delineate the following:
(1) Sections to scale with the appropriate details;
(2) Top of wall, finished surface, bottom of wall and
" top of footing;
(3) Type of retaining wall;
�. (4) Calculations;
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(5) Retaining walls are subject to the City's Hillside
Management Standards; and
---- (6) Soils report shall reference the stability of the �>
retaining wall to withstand pressure of the,
retained soils.
(1) Applicant shall obtain a Rough Grade and Fine Grade
Certification prior to the project's final inspection.
(m) Slope of the proposed driveway shall not exceed 15
percent and shall obtain Fire Department approval.
(n) Before the issuance of any City permits, the applicant
shall submit an erosion control plan for the City's
review and approval. The erosion control plan shall
conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's).
Additionally, the applicant shall obtain the necessary
NPDES permits.
(n) The applicant shall make a new application for sewer
connection with the Los Angeles County Department of
Public Works and the Sanitation District.
(o) The proposed residence shall comply with the State
Energy Conservation Standards.{'
"I
(p) Surface water shall drain away from the proposed
residence at a two -percent minimum slope.
(q) The proposed single-family residence is located within
"Fire Zone 4" and shall meet all requirements of said
zone.
(1) All roof covering shall be "Fire Retardant." Tile
roof 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 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 or
more than 1/2 inch in dimension except where such
openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum
1/2 inch screen.
(r) Plans shall conform to State and Local Building Code
(i.e., 1997 Uniform Building Code, Uniform Plumbing
12
a L J_sJdW..�1+s'IrJ111W1YxW...nw6,nWd �1.��.,,{A...l_
Code, Uniform Mechanical Code, and the 1996 National
Electrical Code) requirements.
(s) Construction plans shall be engineered to meet wind
loads of 80 M.P.H. with a "C" exposure.
(t) A_height survey shall be required that the completion
of framing. The residential structure shall not
exceed a 35 foot height from the finish or natural
grade.
(u) All balconies shall be designed for a 40 pound per
square foot live load.
(v) All sleeping rooms shall have windows that comply with
egress requirements
(w) Prior to the issuance of any construction permits, the
applicant shall submit construction plans to the
Los Angeles County Fire Department for review and
approval.
(x) The single-family residence shall not be utilized
in a manner that creates adverse effects
(i.e., significant levels of dust, glare/light, noise,
} odor, traffic, or other disturbances) upon the
neighborhood and environmental setting. Additionally,
r - the single-family residence shall not result in
significantly adverse effects on public services or
resources. No portion of the residence shall be
rented, used for commercial/institutional purposes, or
otherwise -utilized as a separate dwelling. The
property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking
problems in the neighborhood.
(y) This grant is valid for two years and shall be -_
exercised (i.e., construction started) within that
period or this grant shall expire. A one-year
extension of time 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.
(z) 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
-z- City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are
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aware of 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, school fees and fees for the review aof submitted reports.
(aa) 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: Mr. Surinder
Bhogal, 9866 Houghton Avenue, Santa Fe Springs, CA `'A,
90670. F`
APPROVED AND ADOPTED THIS 24Th OF OCTOBER 2000, BY THE
PLANNING COMMISSION OF nTHE 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
by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 24th day of October 2000,
by the following vote:
AYES: VC/Zirbes, Ruzicka, Kuo, Tye, C/Nelson
NOES:
ABSENT:
ABS AIN:
ATTEST:
Ja DeStefano, Secretary
4:\\resolutions pc\dr2000-11 pleasant meadow-oct00.doc
14
PLANNING COMMISSION RESOLUTION NO. 2000-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-11, MINOR
VARIANCE NO. 2000-06, TREE PERMIT No. 2000-03, MINOR CONDITIONAL
USE PERMIT NO. 2000-06 AND NEGATIVE DECLARATION NO. 2000-06, A
REQUEST TO CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE
WITH A FIVE CAR GARAGE, DECKS AND BALCONIES TOTALING TO
APPROXIMATELY 10,460 SQUARE FEET. THE REQUEST ALSO INCLUDES
A SWIMMING POOL, TWO SPAS, AND REAR RETAINING WALL WITH A
MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS
LOCATED AT 23415 PLEASANT MEADOW (LOT 22, TRACT NO. 23483),
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mr. Surinder Bhogal has filed an application for Development
Review No. 2000-11, Minor Variance No. 2000-06, Tree Permit No. 2000-03 and Minor
Conditional Use Permit No. 2000-06 for a property located at 23415 Pleasant Meadow,
Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review, Minor Variance, Tree Permit, Conditional Use Permit, and Negative
Declaration shall be referred to as the "Application.,,
2. On September 27, 2000, public hearing notices were mailed to approximately 30 property owners
within a 500 -foot radius of the project site, and posted in three public places. On September
28, 2000, the project site was posted with a display board. On September 29, 2000,
notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers.
3. On October 24, 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. 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 Declarati-on No.
2000-06 have been prepared by the City of Diamond Bar in compliance with the
requirements of the California Environmental Quality Act (CEQA) of 19,70 and guideline's
promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No.
2000-06 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as
follows:
(a) The project relates to a vacant lot located within a gated community identified as "The
Country Estates." The project site is a vacant lot, somewhat rectangular shaped,
widening and sloping down toward the rear property line into a ravine. The
topographic difference from street level to the ravine is about 120 feet. The project
site is approximately 2.44 gross acres (2.32- net acres). According to Tract Map No.
23483, the project site does not contain any easements or restricted use areas.
(b) The project site has a General Plan land use designation of Rural Residential (RR) -
Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square
Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone.
(d) Generally, the following zone 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 three-story (two -stories and basement) single-
family residence with a five car garage, decks and balconies totaling to
approximately 10,460 square feet. It will also allow the construction of a swimming
pool, two spas and rear retaining walls with a maximum six foot exposed height.
Development Review
The design and layout of the proposed development is consistent with the applicable
elements of the City's General Plan, City Design Guidelines, and development
standards of the applicable district, design guidelines, and architectural criteria for
special areas (e.g., theme areas, specific plans, community plans, boulevards or
planned developments).
The project site is an infill lot existing prior to the City of Diamond Bar's incorporation
and cited 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 DU/AC since the project site is 2.44 gross
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 homes
within "The Country Estates."
(g) 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 was planned for the development of a single family residence. The
proposed project is a single family residence, which is consistent with single family
residences established Within "The Country Estates". As such, the proposed
residence is not expected to interfere with the use and enjoyment of neighboring
existing or future development. The proposed residence is not expected to create
traffic or pedestrian hazards due to that fact that the use was planned with the tract's
original approval and Pleasant Meadow adequately serves the project site
and was established to handle minimum traffic created by this type of
development. Furthermore, this street and all other streets within "The
Country Estates" are private streets managed and maintained by the
homeowners association within this gated community.
(h) The architectural design of t 'he proposed development is compatible with the
character of the surrounding neighborhood and will maintain the harmonious,
orderly and attractive development contemplated by Chapter 22.48.20.
Development Review Standards, City Design Guidelines, the City's General
Plan, or any applicable specific plan.
The proposed project's architectural style (as referred to in application) is
Mediterranean. Architectural features such as columns, balconies, tile roof,
plane variations on each elevation along with roof articulation, stucco exterior
walls and color scheme are consistent and compatible with the eclectic
architectural style, materials and colors of other homes within "The Country
Estates." Therefore, the proposed project is consistent with and will maintain
and enhance the harmonious, orderly and attractive development
contemplated by Chapter 22.48.20,- the General Plan, and City Design
Guidelines. Additionally, there is not a specific plan for this area.
(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 that will -remain aesthetically
appealing and will retain a reasonably adequate level of maintenance.
As referenced in the above findings and the colors /materials, 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
variety in color and texture related to stucco and stone accent and a low
level of maintenance
0) The proposed development will not be detrimental to 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; and
Before the issuance of any City permits, the proposed project is required to comply
with all conditions within the approved resolution and the Building and Safety
Division, 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 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. 2000-06 has been prepared. The Negative
Declaration Review begins September 29, 2000, and ends October 18, 2000.
Minor 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 the
City's 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
makes it obviously impractical to require compliance with the development
standards;
The Minor Variance request is to allow a 20 percent reduction of the front yard
setback for the residence. The Development Code requires a 30 foot front yard
setback within the R-1-4000 Zone. The 20 percent reduction would allow a 24 foot
front yard setback.
The project site is a steep lot without a buildable pad area. Due to the steepness of
the site, a retaining wall is required to support the rear portion of -the pad. If the front
yard setback was maintained at 30 feet, this rear retaining wall would have an
exposed height of eight feet or more. Additionally, more grading and clearing of
natural vegetation would be required to create a buildable pad area.
The City's Design Guidelines and General Plan encourages minimizing wall height.
Therefore, it is conducive to reduce the front yard setback to 24 feet, thereby
causing the rear retaining wall to have a maximum exposed height of six feet,
reducing the earthwork and causing more of the natural vegetation to remain.
(m) Granting the Minor Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same vicinity
and zoning districts and denied to the property owner for which the Variance is
sought;
As stated above in Item (1), granting the Minor Variance is consistent with the City's
General Plan and Design Guidelines byminimizing wall heights and retaining as
much natural vegetation as possible. Additionally, other homes within "The Country
Estates" maintain front yard setbacks varying from 20 feet or greater. Therefore, the
proposed 24 foot front yard setback would be consistent with front yard setbacks of
other residences. As a result, granting the minor Variance is necessary for the
preservation and enjoyment of substantial property rights possessed by other
property owners in the same vicinity and zoning districts and denied to the property
owner for which the Minor Variance is sought.
(n) Granting the Variance is consistent with the General Plan and any applicable specific
plan;
As stated above in Items (f) and (1), granting the Minor Variance is consistent with
the General Plan and any applicable specific plan.
(o) The proposed entitlement would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City;
As stated above in Items (g), (h), (i), Q), (1), (m) and (n), the proposed entitlement
would not be detrimental to the public interest, health, safety, convenience, or
welfare of the City.
Tree Permit
(It shall be necessary that one or more of the following findings is made, otherwise the
application shall be denied.)
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(p) The tree is so poorly f ormed due to stunted growth that its preservation would not
result in any substantial benefits to the community;
(q) The tree interferes with utility services, or streets and highways, either within or
outside of the subject p-roperty, and no reasonable alternative exists other than
removal or pruning of the tree(s);
(r) The tree is a potential public health and safety hazard due to the risk of it falling
and its structural instability cannot be remediated;
(s) The tree is a public nuisance by causing damage to improvements, (e.g.,
building foundation, retaining walls, roadways/driveways, patios, and decks);
(t) The tree is host to an organism, which is parasitic to another species of tree that
is in danger of being exterminated by the parasite;
(u) The tree belongs to a species which is known to be a pyrophitic or highly
flammable and has been identified as a public safety hazard; and
(v) Preservation of the tree is not feasible and would compromise the property
owner's reasonable use and e
oyment of property or surrounding land and nj
appropriate mitigation measures will be implemented in compliance with
Section 22.38.130 (Tree Replacement/Relocation Standards);
Because the project site is a steep lot without an existing buildable pad, the
property owner must create a buildable pad -to develop the project site. By
creating a buildable pad, the 11 oak/walnut trees will be removed. The property
owner is attempting to minimize the grading and further damaging the project
site's natural vegetation. The residential structure's design is attempting to
somewhat follow the existing terrain of the site by having one story being viewed
from the street and the lower two stories stepping down.
By allowing tree removal, development of the project site becomes
feasible, thereby allowing the property owner reasonable use and enjoyment
of their property. However, pursuant to Code Section 22.38.130, the
implementation of appropriate mitigation measures will be required. It is
recommended that the trees with an eight inch DBH cited for removal and
the five trees cut down without a permit are replaced at 3:1 ratio.
The following replacement and maintenance costs are recommended for
24 inch boxed tree Planting costs $145 each $290 each $435 each
Total $120 per tree, per year for two years
Tree maintenance cost
Total Cost $22,275
It is also recommended that the property owner donate the total cost of $22,275 to
the City's Tree Replacement Fund.
Due to the grade changes, development of the proposed project and planting and
maintaining of the trees on site, the interest of City will best be served by donating
the specified cost so that trees can be planted on public property for the whole
community to enjoy. - Additionally, the long-term success of the replacement trees
would be ensured.
minor Conditional Use Permit
(w) The proposed use is allowed within the subject zoning district with the approval of a Minor
Conditional Use Permit and complies with all other applicable provisions of the Development
Code and the municipal Code;
The proposed single-family residence is permitted in the subject zoning district as
well as the circular driveways and driveways of extra width. As amended within, the
proposed project complies with all applicable provisions of the Development Code
and the Municipal Code.
(x) The proposed use is consistent with the General Plan and any applicable specific
plan;
The proposed wider driveway width is consistent with the General Plan in that it
assists in providing more than adequate parking for the proposed residence and
does not degrade or interfere with the residential characteristics of the surrounding
residences and "The Country Estates".
(y) Design, location, size and operating characteristics of the proposed use are compatible
with the existing and future land uses in the vicinity;
The proposed wider driveway as described in the Items (w) and (x) above
indicate that the design, location, size and operating characteristics of the
proposed wider driveway is compatible with the existing or future land uses
in the vicinity. Furthermore, it is very common to see wider driveways and
circular driveways within "The Country Estates" due to the size of the homes
and the necessity to provide adequate parking.
(z) The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints; and
The project site is approximately 2.44 acres and can certainly accommodate
the proposed wider driveway. As discussed in Items (w), (x), and (y), the
subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
(aa) Granting the Minor Conditional Use Permit will not be to the public
detrimental interest, health, safety, persons, property, or irrprovements
injurious to in the zoning district in which the property is
vicinity and
located;
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division, 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 materially injurious to the properties or
improvements in the vicinity. Furthermore, the proposed wider driveway does
not interfere with the clear line the site for and vehicular or pedestrian traffic.
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, grading plan, floor plan, elevations,
sections, final landscape/irrigation plan, and colors/materials board collectively labeled
as Exhibit "A" dated October 24, 9
2000, as submitted and approved by the Planning
ommission, and as amended herein.
(c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/
irrigation plan for the City's review and approval. Said plan shall delineate plant
species, size, quantity and location and shall include plant materials utilized for
screening the rear retaining wall. Any other landscaping adjacent to the retaining
wall shall be compatible with the existing native vegetation on site. Prior to final
inspection or issuance of a Certificate of occupancy, the applicant installed all
approved landscaping and irrigation.
b) The site shall be maintained in a condition, which is
(d) Prior to construction, the applicant shall install temporary construction fencing pursuant
to the building and Safety Division's requirements along the project perimeter.
ree of debris both during and after the construction,
(e) Rear retaining wall shall not exceed an exposed height of six feet. The wrought iron
fencing which will top the retaining wall shall not exceed a height of 3.5 feet.
Additionally, the retaining wall shall be an earth tone color.
ddition, or implementation of the entitlement granted
(f) Retaining wall adjacent to the driveway shall not exceed 42 inches in height within the 24
foot front yard setback.
erein. The removal of all trash, debris, and refuse,
hether during or subsequent to construction shall be
one only by the property owner, applicant or by a
July permitted waste contractor, who has been
uthorized by the City to provide collection,
sans ortation, and disposal of solid waste from
esidential, commercial, construction, and industrial
reas within the City. It shall be theapplicant's
bli ation to insure that the waste contractor
tilized has obtained permits from the City of Diamond
Bar to provide such services.
(c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/
irrigation plan for the City's review and approval. Said plan shall delineate plant
species, size, quantity and location and shall include plant materials utilized for
screening the rear retaining wall. Any other landscaping adjacent to the retaining
wall shall be compatible with the existing native vegetation on site. Prior to final
inspection or issuance of a Certificate of occupancy, the applicant installed all
approved landscaping and irrigation.
(d) Prior to construction, the applicant shall install temporary construction fencing pursuant
to the building and Safety Division's requirements along the project perimeter.
(e) Rear retaining wall shall not exceed an exposed height of six feet. The wrought iron
fencing which will top the retaining wall shall not exceed a height of 3.5 feet.
Additionally, the retaining wall shall be an earth tone color.
(f) Retaining wall adjacent to the driveway shall not exceed 42 inches in height within the 24
foot front yard setback.
(g) The proposed residential structure shall not maintain a front yard setback of less than 24
feet.
(h) The Application shall replace the 11 oak/walnut trees cited for removal at a 6:1 ratio for the five
trees previously removed and a 3:1 ratio for the remaining trees for a total amount of 48 trees,
24 inch box
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size. The replacement-- tigation,shall be in the form of a donation to the City'
s Tree Replacement Fund. The donation shall include the cost of the
replacement trees in a 24 inch box size at $145 each, planting cost -at $290
each and tree maintenance costs at $120 per tree per year for five years.
The Application may replace some trees on site and those trees shall reduce
the donation to the City's Tree Replacement Fund. The calculation of the
total donation of the Application shall be determined based on the above
criteria and submitted to the City prior to the issuance of -a -building permit.
(i) Oak tree that is tagged number 3620 shall be preserved and protected pursuant
to Code Section 22.38.140. The applicant shall install protective chain-link
fencing with a minimum of height of five feet, at least five feet outside the
tree's drip line. Said fencing shall be installed prior to the issuance of any City
permits and shall remain until final inspection or the issuance of a Certificate
of Occupancy. Excavation within the protective barrier shall be limited to the
use of hand tools and small hand held power tools and shall not be of a
depth that can cause root damage. Any excavation within this protective
barrier shall require the supervision of a certified arborist.
Q) Prior to the -issuance of any City permits, the applicant shall submit a complete
grading plan in accordance with the City's grading requirements for the City's
review and approval. The grading plan shall delineate -the following:
(1) Cut and fill quantities with calculations; (2) Existing and proposed
topography;
(3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished
grade; and
(5) Grading plan shall be signed/stamped by a civil engineer, geotechnical
engineer and geologist, as required.
(k) Prior to the issuance of any City permits, the applicant shall submit a retaining
wall plan for the City's review and approval. The retaining wall plan shall
delineate the following:
(1) Sections to scale with the appropriate details; (2) Top of wall, finished surface,
bottom of wall and top of footing;
(3) Type of retaining wall; (4) Calculations;
IE
(5) Retaining walls are subject to the City's Hillside Management Standards; and
(6) Soils report shall reference the stability of the retaining wall to withstand pressure of
theretained soils.
Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the
project's final inspection.
(m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire
Department approval.
(n) Before the issuance of any City permits, the applicant shall submit an erosion control
plan for the City's review and approval. The erosion control plan shall conform to
National Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMPls). Additionally, the
applicant shall obtain the necessary NPDES permits.
(n) The applicant shall make a new application for sewer connection with the Los Angeles
County Department of Public Works and the Sanitation District.
(o) The proposed residence shall comply with the State Energy Conservation Standards.
(p) Surface water shall drain away from the proposed residence at a two -percent minimum
slope.
(q) The proposed single-family residence is located within "Fire Zone 4N and shall meet all
requirements of said zone.
(1) All roof covering shall be "Fire Retardant.ff Tile roof 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 walls.
(3) All openings into the attic, floor and/or other enclosed areas shall be covered
with corrosionresistant wire mesh not less than 1/4 inch or more than 1/2 inch
in dimension except where such openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of --maximum 1/2 inch screen.
(r) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code,
Uniform Plumbing
12
Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements.
(s) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C exposure.
(t) Aheight survey shall be required that the completion of framing. The residential structure
shall not exceed a 35 foot height from the finish or natural grade.
(u) All balconies shall be designed for a 40 pound per square foot live load.
(v) All sleeping rooms shall have windows that comply with egress requirements
(w) Prior to the issuance of any construction permits, the applicant shall submit
construction plans to the Los Angeles County Fire Department for review
and approval.
(x) The single-family residence shall not be utilized in a manner that creates
adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic,
or other disturbances) upon the neighborhood and environmental setting.
Additionally, the single-family residence shall not result in significantly
adverse effects on public services or resources. No portion of the residence
shall be rented, used for commercial/institutional purposes, or otherwise
utilized as a separate dwelling. The property shall not be used for regular
gatherings that result in a nuisance or create traffic and parking problems in
the neighborhood.
(y) This grant is valid for two years and shall be exercised (i.e., construction started)
within that period or this grant shall expire. A one-year extension of time 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.
(z) This grant shall not be effective for any purpose until the permittee and owner of the
property involved
r (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
13
aware of 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, school fees
and fees for the review of submitted reports.
(aa) 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: Mr. Surinder
Bhogal, 9866 Houghton Avenue, Santa Fe Springs, CA 90670.
APPROVED AND ADOPTED THIS 24Th OF OCTOBER 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 by the Planning Commission of the City of Diamond Bar,
at a regular meeting of the Planning Commission held on the 24th day of October 2000, by the
following vote:
AYES: VC/Zirbes, Ruzicka, Kuo, Tye, C/Nelson NOES:
ABSENT: ABSWAIN: ATTEST:
JaIDeStefano, Secretary I