HomeMy WebLinkAboutPC 2000-21u- _z w.. .ual,llluuunw wlnxusal xiry nniixrv.. m— . .III -f .....11111 r. -.n , ..-1 1-11- .� i. 1 - I- .. . 111-- 11.1 LLLIU. iunJl — --- .l__
-- PLANNING COMMISSION
RESOLUTION NO. 2000-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2000-16, MINOR CONDITIONAL USE PERMIT
NO. 2000-15, MINOR VARIANCE NO. 2000-17, AND
CATEGORICAL EXEMPTION 15303(a), A REQUEST TO
CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE OF
APPROXIMATELY 12,340 SQUARE FEET WITH TWO GARAGES
FOR FIVE CARS, POOL/SPA, GAZEBO, AND TENNIS COURT
ON A VACANT PARCEL. THE PROJECT SITE IS
2521 BRAIDED MANE DRIVE (LOT 91 OF TRACT MAP
NO. 23483), DIAMOND BAR CA.
A. Recitals.
1. The property owner, Ton -Dei Chiu, and applicant, Tein
Wang, have filed an application for Development Review
No. 2000-16, Minor Conditional Use Permit No. 2000-15,
Minor Variance No. 2000-17 for a property located at
2521 Braided Mane Drive, Diamond Bar, Los Angeles County,
F-.
California, and part of the gated development identified
as "The Country Estates", as described in the title of
this Resolution. Hereinafter in this Resolution, the
subject Development Review, Minor Conditional Use Permit,
Minor Variance and Categorical Exemption shall be
referred to as the "Application."
2. On October 13 and October 14, 2000, respectively,
notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. Thirty-two property
owners within a 500 -foot radius of the project site were
notified by mail. On October 13, 2000, a notice of
public hearing on a display board was posted at the site
and displayed for at least 10 days before the public
hearing. Three other public places were posted within
the vicinity of the application.
3. On 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
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of011111
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution is
categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and
guidelines promulgated thereunder. This is pursuant to
Section 15303(a) of Article 19 of Chapter 3; Title 14 of
the California Code of Regulations.
3. The Planning Commission hereby specifically finds and
determines that, having considered 'the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an'adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein,
this Planning Commission, hereby finds as follows:
(a) The project relates_ to a vacant parcel at
2521 Braided Mane Drive (Lot 91 of Tract
No. 23483), Diamond Bar, CA, within the gated
community identified as "The Country Estates." The
project site is approximately 1.36 gross acres and
1.05 net acres: It is shaped irregularly, sloping
downward toward the rear, southwesterly exposure.
(b) The project site is zoned R-1-40,000, single-family
residence. The General Plan Land Use designation
is Rural Residential (RR), 1 du/acre.
(c) Generally, R-1 40,000 zone surrounds the subject
site to the north, south, east and west.
(d) The application is a request to construct a two-
story, single-family residence of approximately
12,340 square feet with two garages for five cars,
pool/spa, gazebo, and tennis court on a vacant
parcel. A Minor Conditional Use Permit is required
to process the circular driveway and the Minor{`
2
r- Variance is a request to decrease the rear yard
setback by 20 percent.
' DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is
consistent with the General Plan, development
standards of the applicable district, design
guidelines, and architectural criteria for
specialized area (e.g., theme areas, specific
plans, community plans, boulevards, or planned
developments).
The project site, was established before the
adoption of the City's General Plan. However, the
proposed project complies with the elements of the
adopted General Plan of July 25, 1995, which has a
land use designation of Rural Residential (Max.
1 du/acre). The proposed use is zoned for single-
family residence at R-1-40,000. The proposed
structure complies with the City's General Plan
objectives and strategies related to maintaining
the integrity of residential neighborhoods and open
space. The structures and placement on the parcel
conform to the site coverage, setback, and height
criteria of the Diamond Bar Development Code with
approved applications for the Minor Conditional Use
Permit and Minor Variance. Furthermore, the
applicant has obtained the approval of "The Country
Estates" Homeowners' Association Architectural
Committee. There is no specific or additional
community planned development for the site.
(f) The design and layout of the proposed development
will not interfere with the use and enjoyment of
neighboring existing or future development, and
will not create traffic or pedestrian hazards.
The project site is currently an undeveloped lot
within an existing tract designed for single-family
homes. The proposed new construction does not
change the use intended for the site as a single-
family residence. The developed property is not
expected to unreasonably interfere with the use and
enjoyment of neighboring existing or future
development, and will not create traffic or
pedestrian hazards.
The project site is adequately served by Indian
-.. Creek Road. This private street is designed to
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handle minimum traffic created by this type of
development.
(g) The architectural design of the proposed development
is compatible with the characteristics of the
surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan,
City Design Guidelines, or any applicable specific
plan.
The proposed project's architectural design is
compatible with the eclectic architectural style of
other homes within "The Country Es,tates," and is
consistent with the City's Design Guidelines and
Development Code. The project's architectural
features include portico entry with precast columns
and leaded glass window treatments for a focal
point; balconies with precast balustrades; Foamcast
stucco details, crown molding, medallions, and
window treatments; and multi-levels of roof lines
of Rio Grande Blend tile and copper metal roof to
add texture and contrast. Additionally, the colors
and materials utilized are compatible with the
homes within the surrounding area. The applicant
has obtained the approval of the architectural
committee of "The Country Estates."
The accessory structures, tennis court, precast
concrete gazebo, and pool/spa are compatible with
the neighborhood. Many homes, in the Country
Estates have similar structures.
(h) The design of the proposed development will provide
a desirable environment for its occupants and
visiting public, as well as its neighbors, through
good aesthetic use of materials, texture, and color
that -will remain aesthetically appealing.
A project colors/materials board is provided as
Exhibit "A". The colors, materials, and textures
proposed are complimentary to the existing homes
within the area while offering variety.
(i) The proposed project will not be detrimental to the
-public health, safety, or welfare or materially
injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or
improvements in the vicinity.
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-K City permits, inspections and soils reports are
required for construction. These will ensure that
the finished project will not be detrimental to the
= public health, safety, or welfare, or materially
injurious to the properties or improvements in the
vicinity.
The terrain in the vicinity of Indian Creek Road
and Braided Mane Drive is hilly. The subject site
is generally at a higher elevation than its
neighbors. The project site slopes to the lowest
point at the southeast corner of the lot. By
maintaining the allowed height requirements, the
proposed residential structure allows view
corridors for - the neighboring properties.
Therefore, the proposed residence will not be
significantly detrimental with respect to view
blockage impact.
(j) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA).
The environmental evaluation shows that the proposed
r project is Categorically Exempt pursuant to the
guidelines of the California Environmental Quality
-” Act of 1970 (CEQA), Section 15303(a).
F — -,
MINOR CONDITIONAL USE PERMIT
(k) 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 this Development Code and
the Municipal Code.
The Application requests Minor Conditional Use
Permit approval for the circular driveway. The
Development Code requirement for driveways is
generally garage door width plus two feet.
Driveways -may be allowed with greater widths with
the approval of a Minor Conditional Use Permit.
Many homes in "The Country Estates" have this
design feature,- and the applicant has received the
approval of "The Country Estates" Homeowners'
Association Architectural Committee. The
Development Code requires a lot frontage of 70
feet, and the subject lot has a frontage -of
approximately 200 feet. The proposed application
complies with all other applicable provisions of
this Development Code and Municipal Code.
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(1) The proposed use is consistent with the General Plan !91ti'i'1,
and any applicable specific plan. As stated in
Item (e) , the proposed project is consistent withd"rc
the City's General Plan objectives and strategies,
the Development Code and City Design Guidelines,
and any applicable specific plan.
(m) The design, location, size and operating
characteristics of the proposed use are compatible
with the existing and future land uses in the
vicinity.
As stated in Items (e) and (f), the proposed
new construction with circular driveway and
accessory structures are consistent with the
surrounding single-family homes. Therefore, the
project design, location, size and operating
characteristics are compatible.
(n) The subject site is physically suitable for the type -
and density/intensity of use being proposed
including access, provisions of utilities,
compatibility with adjoining land uses, and the
absence of physical constraints. =x:;
As stated in Items (e), (f), (g), (h), (i) and (k),
the proposed single-family with circular driveway
and accessory structures is suitable for the type
and density/ intensity of use, access, utilities,
compatibility with adjoining land uses and the
absence of physical constraints.
(o) Granting the Minor Conditional Use Permit will not
be detrimental to the public interest, health,
safety, convenience, or welfare, or materially
injurious to person, property or improvements in
the vicinity and zoning districts in which the
property is located.
City permits, structural plan check, inspections and
soils reports are required for construction. These
will ensure that the finished project will not be
detrimental to the public health, safety, or
welfare, or materially injurious to the properties
or improvements in the vicinity.
(p) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA).
0
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The environmental evaluation shows that the proposed
project is' Categorically Exempt pursuant to the
guidelines of the California Environmental Quality
Act of 1970 (CEQA), Section 15303(a).
MINOR VARIANCE
(q) There are special circumstances applicable to the
property (e.g., location, shape, size, sur-
roundings, topography, or other conditions), so
that the strict application of this Development
Code denies the property owner privileges enjoyed
by other property owners in the vicinity and under
identical zoning districts or creates an
unnecessary and non -self created, hardship or
unreasonable regulation which make it obviously
impractical to require compliance with the
development standards.
The Minor Variance request is to allow a reduction
in the rear setback for the tennis court with
fencing and lighting.
Pursuant to the Development Code revision effective
May 4, 2000, a residential structure in the R-1-
40,-000 Zone is required to maintain a 25 feet rear
setback. The tennis court with fencing and
lighting requires a Minor Variance because, as
proposed, it does not comply with development
standards specified in the Development Code. A
concrete slab (i.e., sports court) does not have
specific development standards, nor -does it require
a construction permit. However, a tennis court
with fencing and lighting is considered an
accessory structure and requires a construction
permit and is required to maintain Code specified
25 feet rear setback.
The proposed tennis court is placed with a 20 feet
rear setback. It is anticipated that the setback
reduction impact will be insignificant considering
the subject site's irregular shape and
configuration and the fact the setback reduction is
not adjacent to a residence and abuts the
neighbor's garage. Tennis courts are common place
in "The Country Estates" and have been approved in
the past with similar setbacks. As an accessory
structure, the tennis court fencing is proposed at
-° a height of 10 feet and in some areas this is atop
a retaining wall. However both are under the
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height requirement of 35 feet for a structure. The
tennis court fencing is % inch mesh chain fink with h!;,
green or back vinyl. In the area abutting the
street side, the fencing is wrought iron above a
retaining wall. The Development Code does not
allow chain link fencing adjacent to a street. The
submittal is a conceptual plan, so court lighting
will be a conditioned to comply with Development
Code Standards addressed in Section 22.16.050.
These standards include maximum pole height,
illumination, placement, hours of operation, and
court surfaces.
(r) 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 district and denied to the
property owner for which the Minor Variance is
sought.
The granting of the Minor Variance -is based on the
facts that the use is consistent with the
surrounding homes in the vicinity. The subject
site is irregularly shaped, and considering the
lot's configuration and the fact the setback I!
reduction is not adjacent to a residence and is
indeed abuttingthe neighbor's g 's garage on the west
side. It is anticipated that the setback reduction
impact will be insignificant. The Development Code
allows for a 20 percent setback reduction with the
approval of a Minor Variance. Additionally, other
homes within "The Country Estates" are similar and
enjoy the same recreational amenities and height
projection as proposed by this Application. As a
result granting the 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 property owner for which the Minor
Variance is sought.
(s) Granting the Minor Variance is consistent with the
General Plan and any applicable specific plan.
As stated above in Items (e) and (1), granting the
Minor Variance is consistent with the General Plan
and any applicable specific plan.
(t) The proposed entitlement would not be detrimental to
the public interest, health, safety, convenience,
or welfare of the City. As stated above in
E-1
r_ Items (f), (g), (h), (i), (k), (1) and (m), the
proposed entitlement would not be detrimental to
the public interest, health, safety, convenience,
or welfare of the City.
(u) The proposed entitlement has been reviewed in
compliance with the provisions of the California
Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed
project is Categorically Exempt pursuant to the
guidelines of the California Environmental Quality
Act of 1970 (CEQA), Section 15303(a).
5. Based upon the findings and conclusion set forth above,,
the Planning Commission hereby approves this Application
subject to the following conditions:
(a) The project shall substantially conform to site
plan, floor plans, elevations, grading plan,
landscape plan, site photos, and materials/colors
board collectively labeled as Exhibit "A", dated
October 24, 2000, as submitted and as amended
herein.
(b) The subject site shall be maintained in a condition
that is free of debris both during and after the
construction, addition, or implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or
subsequent to construction, shall be done only by
the property owner, applicant or by duly permitted
waste contractor, who has been authorized by the
City to provide collection, transportation, and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall
install temporary construction fencing pursuant to
the Building and Safety Division's requirements
along the project site's perimeter. This fencing
shall remain until the Building Official- approves
its removal.
(d) The Applicant shall provide temporary sanitation
-,d facilities while under construction.
91
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(e) Tennis Court lighting shall be directed downward,
shall only illuminate the court, and shall not
illuminate 'adjacent property, in compliance with iq
Section 22.16.050 (Exterior Lighting). The
following standards shall apply to the lighting of
tennis court:
1. Light fixtures shall not be located closer than
10 feet to the nearest property line.
2. Fixtures shall be of a type that is rectangular
on a. horizontal plane. The outside of the
fixture, arm, and supporting pole shall be coated
with a dark, low reflectance material.
3. Light fixtures shall not be located more than
18 feet from the court surface.
4. Not more than one light fixture per 900 square
feet of court surface is allowed, with a maximum
of eight poles and fixtures per recreational
court.
5. Light fixtures shall be supported by an arm
extending at least 5 feet from a support pole.
6. Light fixtures shall be designed, constructed,
mounted and maintained so that, with appropriate
shielding, the light source is completely cut off
when viewed from any point five feet or more
beyond the property line. The incident light
level at a property line shall not exceed one
foot-candle measured from grade to a height of 12
feet. The incident light level -upon any habitable
building on an adjacent property shall not exceed
.05 foot-candle.
7. Recreational court lighting shall not be operated
between 10:00 p.m. and 7:00 a.m. on weekdays and
between 11:00 p.m. and 7:00 a.m. on Saturdays and
Sundays.
8. The illuminated court surface is visible from
another parcel, therefore, the court surface
shall be treated with a low reflectance, dark -
colored coating.
(f) Landscaping trees and shrubs as shown on the
landscape plan shall be required to soften the
height of the tennis court and walls at the
westerly and southerly sections of the court.
(g) The landscaping/irrigation shall be installed prior
to the Planning Division's final inspection or
Certificate of Occupancy issuance.
10
(h) Any walls, gates, fountains, etc., that may be
proposed within the front and street side setbacks
shall not be in the streets' dedicated easement or
exceed a maximum 42 inches in height.
(i) A separate Planning Division review and approval
shall be required for the wooden lattice patio
shown on the landscape plan on the south side of
the house. The submittal shall include location to
property line, plan, elevations and color scheme.
(j) A grading and retaining wall plan review and
approval is required for cut/fill quantities
greater than 50 cubic yards. In accordance with
the City's grading requirements, the grading plan
shall be reviewed and approved by the City before -
the issuance of a grading permit. On a grading plan
the following shall be delineated:
1. Cut and fill quantities and earthwork
calculations and export location;
2. All flow lines, finished surfaces, and
finished grades;
3. Proper drainage with detailed sketches;
4. Proposed and existing grades;
5. Sign/stamped by a civil engineer, geotechnical
engineer and geologist;
6. Clearly delineate all easements (i.e. Flood
Hazard Area and Recreation Easements);
7. Retaining walls shall not be constructed of
wood or wood products;
8. Retaining walls shall be required to be
ornamental by using stucco or decorative
block;
9. Engineered calculations shall be submitted
with retaining walls (APWA Standard is not
applicable);
10. Indicate retaining wall locations on grading
plan with standard detail and delineate:
(a) Top of wall;
(b) Top of footing;
�rT (c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall
not exceed six feet;
11
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- - �, 11 !r".' P mlrercarr°_^r•.r r- 1 11—-— .......—e.........,. - ...,. ___
-11. All grading is subject to Development Code;iuha
Sections 22.16.030 ' (Air Emissions) and d!,
Section 22.28 (Noise);
12-. Erosion Control plan shall be submitted for
permits issued October 1 to April 15.
(k) Applicant shall submit a soils report for the
proposed improvements to be reviewed and approved
by the City. The soils report shall also reference
the suitability of the retaining walls to withstand
pressure of the retained soils and proposed
development.
(1) Applicant shall verify that the project site is
currently connected to the public sewer system and
impacts on the sewage capacity as a result of the
proposed addition shall be approved.
(m) Applicant shall make an application to the Walnut
Valley Water District as necessary, and submit
their approval to the Planning Division prior to
the issuance of building permits.
(n) Drainage pattern shall be reviewed and approved by
the Public Works Division; surface water shall
drain away from the building at a 2% minimum slope.
(o) Site, driveway grade, and house design shall be
approved by the Fire Department. The maximum slope
is 15% per the Public Works Division.
(p) The single-family structure shall meet the 1998
California Building Code, California Plumbing Code,
California Mechanical Code, and California
Electrical Code requirements.
(q) The minimum design wind pressure shall be 80 miles
per hour and "C" exposure.
(r) The single-family structure requires Fire Department
approval and is located in "Fire Zone 4" and shall
meet the following requirements of that fire zone:
1. All roof covering shall be "Fire Retardant,
Class A"; the roofs shall be fire stopped at
the eaves to preclude entry of the flame or u-
members under the fire;,
12
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�- 2. All enclosed under -floor areas shall be
i
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/a
inch nor more than 1/2 inch in any dimension
except where such openings are equipped with
sash or door;
4. Chimneys shall have spark arresters of maximum
1/ inch screen.
(s) This single-family structure shall meet the State
Energy Conservation Standards.
(t) Maximum height of the residence shall not exceed
35 feet from the finish grade at any exterior wall
of the structure to the highest point of the
roofline and may require a height survey at
completion of framing.
(u) Due to the site's topography, applicant shall comply
with special design requirements as specified in
the Universal Building Code, Section 18.4.3,
building setback, top and toe of slopes.
(v) Accessory structures: tennis court, swimming
pool/spa, gazebo, patio covers, barbecue and site
pluming fixtures shall require a separate building
permit.
(w) All sleeping rooms shall have windows that comply
with egress requirements.
(x) All balconies shall be designed for 40 pound per
square foot live load.
(y) Hand rails and guardrails shall be designed for
20 pound load applied laterally at the top of the
rail.
(z) Smoke detectors shall be provided in conformance
with the 1998 California Building Code.
(aa) The single-family residence shall not be utilized in
a manner that creates adverse effects upon the
-, neighborhood and environmental setting of the
j residential site to levels of dust, glare/light,
noise, odor, traffic, or other disturbances to the
existing residential neighborhood and shall not
13
result in significantly adverse effects on public
services and resources. The single-family residence N
shall not be used for commercial/institutional
purposes, or otherwise used as a separate dwelling.
The property shall not be used for regular
gatherings which result in a nuisance or which
create traffic and _parking problems in the
neighborhood.
(bb) The Applicant shall comply with the requirements of
the Fire Department and City Planning, Building and
Safety, and Public Works Divisions.
(cc) This grant is valid for two (2) years and shall be
exercised (i.e., construction) within that period
or this grant shall expire. A one -(1) year
extension may be approved when submitted to the
City in writing at least 60 days prior to the
expiration date. The Planning Commission will
consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of
the City of Diamond Bar Development Code.
(dd) This grant shall not be effective for any purpose
until the permittee and owner of the property „
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community and
Development Services Department, their affidavit
stating that they are aware and agree to accept all
the conditions of this grant. Further, this grant
shall not be effective until the permittee pays
remaining City processing fees.
(ee) 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
14
-' (b) Forthwith transmit a certified copy of this
Resolution, by certified mail to Ton -Dei Chiu,
z.y 1432 E. Peppertree Drive, LaHabra Heights, CA
90631, and Tein Wang, 801 S. Garfield Avenue, #338,
Alhambra, CA 91801.
APPROVED AND ADOPTED THIS 24th DAY OF OCTOBER 2000, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: r4
Steve Nelson, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the Planning Commission held
on the 24th day of October, 2000, by the following vote:
AYES: Kuo, Ruzika, Tye, VC Zirbes, C Nelson
NOES:
ABSENT:
AB STAIN,
�
I
�
a
ATTEST: o t% l•� ,
James DeSte=ano, Secretary
D:WORD-LINDA/PLANCOM/PROJECTS/DR2000-16 2521 Briaded.../RESO...
15
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PLANNING COMMISSION RESOLUTION NO. 2000-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NO. 2000-16, MINOR CONDITIONAL USE PERMIT NO. 2000-15, MINOR
VARIANCE NO. 2000-17, AND CATEGORICAL EXEMPTION 15303(a), A
REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY
RESIDENCE OF APPROXIMATELY 12,340 SQUARE FEET WITH TWO
GARAGES FOR FIVE CARS, POOL/SPA, GAZEBO, AND TENNIS COURT
ON A VACANT PARCEL. THE PROJECT SITE /S 2521 BRAIDED MANE
DRIVE (LOT 91 OF TRACT MAP
NO. 23483), DIAMOND BAR CA.
A. Recitals.
The property owner, Ton -Dei Chiu, and applicant, Tein Wang, have filed an application for
Development Review
No. 2000-16, Minor Conditional Use Permit No. 2000-15, Minor Variance No. 2000-17 for
a property located ' at 2521 Braided Mane Drive, Diamond Bar, Los Angeles County,
California, and part of the gated development identified as "The Country Estates", as
described in the title of this Resolution. Hereinafter in this Resolution, the subject
Development Review, Minor Conditional Use Permit, Minor Variance and Categorical
Exemption shall be referred to as the "Application."
2. On October 13 and October 14, 2000, respectively, notification of the public hearing for this
project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Thirty-two property owners within a 500 -foot radius of the project site were
notified by mail. On October 13, 2000, a notice of public hearing on a display board was
posted at the site and displayed for at least 10 days before the public hearing. Three
other public places were posted within the vicinity of the application.
3. On 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 The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The Planning Commission 'hereby determines that the project identified above in this
Resolution is categorically exempt from the requirements of the California Environmental
Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to
Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of
Regulations.
3. The Planning Commission hereby specifically finds and -determines that, having consideredthe
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 adver "se effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence, this Planning
Commission hereby rebuts the presumption of adverse effects contained in Section 753.5
(d) of Title 14 of the California Code of Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby
finds as follows:
(a) The project relates to a vacant parcel at 2521 Braided Mane Drive (Lot -91 of Tract
No. 23483), Diamond Bar, CA, within the gated community identified as "The
Country Estates.,',' The project site is approximately 1.36 gross acres and 1.05
net acres.- It is shaped irregularly, sloping downward toward the rear,
southwesterly exposure.
(b) The project site is zoned R-1-40,000, single-family residence. The General Plan Land
Use designation is Rural Residential MR), 1 du/acre.
(c) Generally, R-1 40,000 zone surrounds the subject site to the north, south, east and
west.
(d) The application is a request to construct a twostory, single-family residence of
approximately 12,340 square feet with two garages for five cars, pool/spa,
gazebo, and tennis court on a vacant parcel. A Minor Conditional Use Permit is
required to process the circular driveway and the minor
Variance is a request to decrease the rear yard setback by 20 percent.
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(e) The design and layout of the proposed development is consistent with the
General Plan, development standards of the applicable district, design
guidelines, and architectural criteria for specialized area (e.g., theme
areas, specific plans, community plans, boulevards, or planned
developments).
The project site, was established before the adoption of the City's General
Plan. However, the proposed project complies with the elements of the
adopted General Plan of July 25, 1995, which has a land use designation
of Rural Residential (Max. 1 du/acre). The proposed use is zoned for
singlefamily residence at R-1-40,000. The proposed structure complies
with the City's General Plan objectives and strategies related to
maintaining the integrity of residential neighborhoods and open space.
The structures and placement on the parcel conform to the site coverage,
setback, and height criteria of the Diamond Bar Development Code with
approved applications for the Minor Conditional Use Permit and Minor
Variance. Furthermore, the applicant has obtained the approval of "The
Country Estates" Homeowners' Association Architectural Committee.
There is no specific or additional community planned development for the
site.
(f) The design and layout of the proposed development will not interfere with the
use and enjoyment of neighboring existing or future development, and will
not create traffic or pedestrian hazards.
The project site is currently an undeveloped lot within an existing tract
designed for single-family homes. The proposed new construction does
not
-change the use intended for the site as a singlefamily residence. The
developed property is not expected to unreasonably interfere with the use
and enjoyment of neighboring existing or future development, and will not
create traffic or pedestrian hazards.
The- project site is adequately served by Indian Creek Road. This private
handle minimum traffic created by this type of development.
(g) The architectural design of the proposed development is compatible with the
characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive 'development contemplated by,
Chapter 22.48, the General Plan, City Design Guidelines, or any
applicable specific plan.
The proposed project's architectural design is compatible with the eclectic
architectural style of other homes within "The Country Estates," and is
consistent with the City's Design Guidelines and Development Code. The
project's architectural features include portico entry with precast columns
and leaded glass window treatments for a focal point; balconies with
precast balustrades; Foamcast stucco details, crown molding, medallions,
and window treatments; and multi-levels of roof lines of Rio Grande Blend
tile and copper metal roof to add texture and contrast. Additionally, the
colors and materials utilized are compatible with the homes within the
surrounding area. The applicant has obtained the approval of the
architectural committee of "The Country Estates."
The accessory structures, tennis court, precast concrete gazebo, and
pool/spa are compatible with the -neighborhood. Many homes in the
Country Estates have similar structures.
(h) The design of the proposed development will provide a desirable environment
for its occupants and visiting public, as well as its neighbors, through good
aesthetic use of materials, texture, and color that -will remain aesthetically
appealing.
A project colors /materials board is provided as Exhibit "All. The colors,
materials, and textures proposed are complimentary to the existing homes
within the area while offering variety.
(i) The proposed project will not be detrimental to the - public health, safety, or
welfare or materially
injurious (e.g., negative affect on property values or resale(s) of property) to the
properties or improvements -in the vicinity.
City permits, inspections and soils reports are required for construction. These
will ensure that the finished project will not be detrimental to the public health,
safety, or welfare, or materially injurious to the properties or improvements in the
vicinity.
The terrain in the vicinity of Indian Creek Road and Braided Mane Drive is hilly.
The subject site is generally at a higher elevation than its neighbors. The project
site slopes to the lowest point at the southeast corner of the lot. By maintaining
the allowed height requirements, the proposed residential structure allows view
corridors for - the neighboring properties. Therefore, the -proposed residence will
not be significantly detrimental with respect to view blockage impact.
Q) The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is Categorically
Exempt pursuant to the guidelines of the California Environmental Quality Act of
1970 (CEQA), Section 15303(a).
MINOR CONDITIONAL USE PERMIT
(k) The proposed use is allowed within the subjectzoning district with the approval of a
Minor Conditional Use Permit and complies with all other applicable provisions of
this Development Code and the Municipal Code.
The Application requests Minor Conditional Use Permit approval for the circular
driveway. The Development Code requirement for driveways is generally garage
door width plus two feet. Driveways -may be allowed with greater widths with the
approval of a Minor Conditional Use Permit. many homes- in "The Country
Estates" have this design feature,- and the applicant has received the approval of
"The Country Estates" Homeowners' Association Architectural Committee. The
Development Code requires a lot frontage of 70 feet, and the subject lot has a
frontage -of approximately 200 feet. The proposed application complies with all
other applicable provisions of this Development Code and Municipal Code.
The proposed use is consistent with the General Plan and any applicable
specific plan. As stated in Item (e), the proposed project is consistent with
the City's General Plan objectives and strategies, the Development Code
and City Design Guidelines, and any applicable specific plan.
(m) The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity.
As stated in Items (e) and (f), the proposed new construction with circular
driveway and accessory structures are consistent with the surrounding
single-family homes. Theref ore, the project design, location, size and
operating characteristics are compatible.
(n) The subject site is physically suitable for the type
and density/intensity of use being proposed including access, provisions of
utilities, compatibility with adjoining land uses, and the absence of physical
constraints.
As stated in Items (e), (f), (g), (h), (i) and (k),
the proposed single-family with circular driveway and accessory
structures is suitable for the type and density/ intensity of use, access,
utilities, compatibility with adjoining land uses and the absence of physical
constraints.
(o) Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or materially
injurious to person, property or improvements in the vicinity and zoning
districts in which the property is located.
City permits, structural plan check, inspections and soils reports are
required for construction. These will ensure that the finished project will
not be detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
(p) The proposed project has been reviewed in compliance with the provisions of the California
Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is'
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15303(a).
MINOR VARIANCE
(q) There are special circumstances applicable to the property (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the
strict application of this' Development Code denies the property owner
privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates an unnecessary and non -self created,
hardship or unreasonable regulation which make it obviously impractical
to require compliance with the development standards.
The Minor Variance request is to allow a reduction in the rear setback for
the tennis court with fencing and lighting.
Pursuant to the Development Code revision effective May 4, 2000, a
residential structure in the R-140,-000 Zone is required to maintain a 25
feet rear setback. The tennis court with fencing and lighting requires a
Minor Variance because, as proposed, it does not comply with
development standards specified in the Development Code. A concrete
slab (i.e., sports court) does not have specific development standards, nor -
does it require a construction permit. However, a tennis court with fencing
and lighting is considered an accessory structure and requires a
construction permit and is required to maintain Code specified 25 feet rear
setback.
The proposed tennis court is placed with a 20 feet rear setback. It is
anticipated that the setback reduction impact will be insignificant
considering the subject site's irregular shape and configuration andrthe
fact the setback reduction is not adjacent to a residence and abuts the
neighbor's garage. Tennis courts are common place in "The Country
Estates" and have been approved in the past with similar setbacks. As an
accessory structure, the tennis court fencing is proposed at a height of 10
feet and in some areas this is atop a retaining wall. However both are
underthe
height requirement of 35 feet for a structure. The tennis court fencing is % inch
mesh chain link with green or back vinyl. In the area abutting the street side, the
fencing is wrought iron above a retaining wall. The Development Code does not
allow chain link fencing adjacent to a street. The submittal is a conceptual plan,
so court lighting will be a conditioned to comply with Development Code
Standards addressed in Section 22.16.050. These standards include maximum
pole height, illumination, placement, hours of operation, and court surfaces.
(r) 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 district and denied to the property owner for which the Minor
Variance is sought.
The granting of the Minor Variance -is based on the facts that the use is consistent
with the surrounding homes in the vicinity. The subject site is irregularly shaped,
and considering the lot's configuration and the fact the setback reduction is not
adjacent to a residence and is indeed abutting the neighbor's garage on the west
side. It is anticipated that the setback reduction impact will be insignificant. The
Development Code allows for a 20 percent setback reduction with the approval of
a -Minor Variance. Additionally, other homes within "The Country Estates" are
similar and enjoy the same recreational amenities and height projection as
proposed by this Application. As a result granting the Minor Variance is necessary
for the preservation and enjoyment of substantial property tights possessed by
other property owners in the same vicinity and zoning districts anddenied to
property owner for which the Minor Variance is sought.
(s) Granting the Minor Variance is consistent with the General Plan and any applicable
specific plan.
As stated above in Items (e) and (1), granting the Minor Variance is consistent
with the General Plan and any applicable specific plan.
(t) The proposed entitlement would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City. As stated above in
Items (f) (g) (h) Q) (k) (1) and (m) the proposed entitlement would not be
detrimental to the public interest, health, safety, convenience, or welfare of the
City.
(u) The proposed entitlement has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is Categorically
Exempt pursuant to the guidelines of the California Environmental Quality Act of
1970 (CEQA), Section 15303(a).
5. Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application subject to the following conditions:
(a) The project shall substantially conform to site plan, floor plans, elevations, grading
plan, landscape plan, site photos, and materials /colors board collectively labeled
as Exhibit "A", dated October 24, 2000, as submitted and as amended herein.
(b) The subject site shall be maintained in a condition that is free of debris both during
and after the construction, addition, or implementation of the entitlement granted
herein. The removal of all trash, debris, and refuse, whether during or subsequent
to construction, shall be done only by the property owner, applicant or by duly
permitted waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. it shall be the
applicant's obligation to insure that the waste contractor utilized has obtained
permits from the City of Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall install temporary construction fencing
pursuant to the Building and Safety Division's requirements along the project
site's perimeter. This fencing shall remain until the Building Official approves its
removal.
(d) The Applicant shall provide temporary sanitation facilities while under construction.
(e) Tennis Court lighting shall be directed downward, shall only, illuminate the
court, and shall not illuminate adjacent property, in compliance with
Section 22.16.050 (Exterior Lighting) . The following standards shall apply
to the lighting of tennis court:
(.Light fixtures shall not be located closer than 10 feet to the nearest
property line.
-2. Fixtures'shall be of a type that is rectangular on a- horizontal plane. The
outside of the fixture, arm, and supporting pole shall be coated with a
dark, low reflectance material.
3. Light fixtures shall not be located more than 18 feet from the court
surface.
4. Not more than one light fixture per 900 square feet of court surface is
allowed, with a maximum of eight poles and fixtures per recreational
court.
5. Light fixtures shall be supported by an arm extending at least 5 feet from a support pole.
6. Light fixtures shall be designed, constructed, mounted and maintained
shielding, the light source is completely cut off when viewed f rom any
point f ive f eet or more beyond the property line. The incident light
level at a property line shall not exceed one foot-candle measured
from grade to a height of 12 feet. The incident light level -upon any
habitable building on an ad acent property shall not exceed .05 foot-
candle.
7 Recreational court lighting shall not be operated between 10:00 p.m. and 7:00 a.m.
on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays.
8. The illuminated court surface is visible from another parcel, therefore, the court
surface shall be treated with a low reflectance, darkcolored coating.
(f) Landscaping trees and shrubs as shown on the landscape plan shall be required to soften
the height of the tennis court and walls at the westerly and southerly sections of the
court.
(g) The landscaping/irrigation shall be installed prior to the Planning Division's final
inspection or Certificate of Occupancy issuance.
Its]
ut and fill quantities and earthwork
alculations and export location;
2. II flow lines, finished surfaces, and
Iroper
nished rades;
3. drainage with detailed sketches;
(h) Any walls, gates, fountains, etc., that may be proposed vjithin the front and street
side setbacks shall not be in the streets' dedicated easement or exceed a
maximum 42 inches in height.
Proposed and existing grades;
(i) A separate Planning Division review and approval shall be required for the wooden
lattice patio shown on the landscape plan on the south side of the house. The
submittal shall include location to property line, plan, elevations and color
scheme.
Q) A grIrading
ing and retaining wall plan review and approval is required for cut/fill quant' ies
reater than 50 cubic yards. In accordance with the City's grading requireme ts, the
rading plan shall be reviewed and approved by the City beforethe issuance f a
permit. On a grading plan the following shall be delineated:
and geologist;
9. Engineered calculations shall be submitted with retaining walls (APWA
Standard is not
applicable); 10. Indicate retaining wall locations on grading
plan with standard detail and delineate: (a) Top of wall;
(b) Top of footing; (c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall not exceed six feet;
learl delineate all easements i. e,. Flood
azard Area and Recreation Easements);
7. :?etaining walls shall not be constructed of
ood or woodproducts;
3. :?etaining walls shall be required to be
rnamental by using stucco or decorative
lock;
9. Engineered calculations shall be submitted with retaining walls (APWA
Standard is not
applicable); 10. Indicate retaining wall locations on grading
plan with standard detail and delineate: (a) Top of wall;
(b) Top of footing; (c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall not exceed six feet;
11. All grading is subject to Development Code
Sections 22-16.030' (Air Emissions) and Section 22.28 (Noise);
12- Erosion Control plan shall be submitted f or permits issued October 1 to April
15.
(k) Applicant shall submit a soils report for the proposed improvements to be reviewed
and approved by the,City. The soils report shall also reference the suitability of
the retaining walls to withstand pressure of the retained soils and proposed
development.
(1) Applicant shall verify that the project site is currently connected to the public sewer
system and impacts on the sewage capacity as a result of the proposed addition
shall be approved.
(m) Applicant -shall make an application to the Walnut Valley Water District as
necessary, and submit their approval to the Planning Division prior to the
issuance of building permits.
(n) Drainage pattern shall be reviewed and approved by
the Public Works Division; surface water shall drain away from the building at a
2% minimum slope.
(o) Site, driveway grade, and house design shall be approved by the Fire Department.
The maximum slope is 15% per the Public Works Division.
(p) The single-family structure shall meet the 1998 -California Building Code, California
Plumbing -Code, California Mechanical Code, and California Electrical Code
requirements.
(q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure.
(r) The single-family structure requires Fire Department approval and is located in "Fire
Zone 41, and shall meet -the following requirements of that fire zone:
1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire
stopped at the eaves to preclude entry of the f lame or members under
the fire;
W,
2. All enclosed under -floor areas shall be constructed as exterior walls;
3. All openings into the attic, floor, and/or other enclosed areas shall be covered with
corrosion -resistant wire mesh not less than 1/4 inch nor more than % inch in
any dimension except where such openings are equipped with sash or door;
4. Chimneys shall have spark arresters of maximum V2 inch screen.
(s) This single-family structure shall meet the State Energy Conservation
(t) Maximum height of the residence shall not exceed 35 feet from the finish
grade at any exterior wall of the structure to the highest point of the
roofline and may require a height survey at completion of framing.
(u) Due to the site's topography, applicant shall comply with special design
the Universal Building Code, Section 18.4.3, building setback, top and toe
of slopes.
(v) Accessory structures: tennis court, swimming pool/spa, gazebo, patio covers,
barbecue and site pluming fixtures shall require a separate building
permit.
(w) All sleeping rooms shall have windows that comply with egress requirements.
(x) All balconies shall be designed for 40 pound per
square foot live load.
(y) Hand rails and guardrails shall be designed for 20 pound load applied
laterally at the top of the rail.
(z) Smoke detectors shall be provided in conformance
with the 1998 California Building Code.
(aa) The single-family residence shall not be utilized in a manner that creates
adverse effects upon the neighborhood and environmental setting of the
residential site to levels -of dust, glare/light, noise, odor, traffic, or other
disturbances to the existing residential neighborhood and shall not
13
result in significantly adverse effects on public services and resources. Th e
single-family residence shall not be used for commercial/institutional purposes, or
otherwise used as a separate dwelling. The property shall not be used for regular
gatherings which result in a nuisance or which create traf f is and _ parking
problems in the neighborhood.
(bb) The Applicant shall comply with the requirements of the Fire Department and City
Planning, Building and Safety, and Public Works Divisions.
(cc) This grant is valid for two (2) years and shall be exercised (i.e., construction) within
that period or this grant shall expire. A one -(I) year extension may be approved
when submitted to the City in writing at least 60 days prior to the expiration date.
The Planning Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of Diamond Bar
Development Code.
(dd) This grant shall not be effective for any purpose until the permittee and owner of the
property involved (if other than the permittee) have filed, within fifteen (15) days
of approval of this grant, at the City of Diamond Bar Community and
Development Services Department, their affidavit stating that they are aware and
agree to accept all the conditions of this grant. Further, this grant shall not be
effective until the permittee pays remaining City processing fees.
(ee) 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
14
It! 30U -k,!
(b) Forthwith transmit a certified copy of this Resolution, by certified mail to Ton -Dei
Chiu, 1432 E. Peppertree Drive, LaHabra Heights, CA 90631, and Tein Wang,
801 S. Garfield Avenue, #338, Alhambra, CA 91801.
APPROVED AND -ADOPTED THIS 24th DAY 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, at a regular meeting of the Planning Commission held on the 24th
day of October, 2000, by the following vote:
AYES: Kuo, Ruzika, Tye, NOES: VC Zirbes, C Nelson
ABSENT: ABSTAIN ATTEST:
ames DeSte'--ano, Secretary
D: WO R D-LINDA/P LAN COMM/PROJECTS/DR 2000-162521 Briaded... /R ESO