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PLANNING COMMISSION
RESOLUTION NO. 2000-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE -CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2000-18, MINOR VARIANCE NO. 2000-13, MINOR
CONDITIONAL USE PERMIT NO. 2000-12, AND CATEGORICAL
EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A THREE-
STORY (TWO-STORY WITH BASEMENT), SINGLE-FAMILY
RESIDENCE OF APPROXIMATELY 101498 SQUARE FEET WITH
BALCONIES, PORCH, FIVE -CAR GARAGE, SWIMMING
POOL/SPA AND RETAINING WALLS IN THE REAR AND SIDE
YARDS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET.
THE PROJECT SITE IS 2250 INDIAN CREEK ROAD (LOT 66
OF TRACT NO. 23483) DIAMOND BAR CA.
A. Recitals
1. The property owners, Basant Sachdeva and Rajinder Joneja
have filed an application to approve Development Review
No. 2000-18, Minor Variance No. 2000-13, Minor
Conditional Use Permit No. 2000-12 for a property located
at 2250 Indian Creek Road, Diamond Bar, Los Angeles
Count California and
County, 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
Variance, Minor Conditional Use Permit and Categorical
Exemption shall be referred to as the "Application."
2. On October 31, 2000, 36 property owners within a 500 -foot
radius of the project site were notified by mail. On
November 3, 2000, notification of the public hearing for
this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers and
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. Additionally, three other public places
were posted within the vicinity of the application.
3. On November 14, 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:
i
1
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of Omhi
this Resolution are true and correct. u.
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 parcel at 2250 Indian Creek
Road (Lot 66 of Tract No. 23483) Diamond Bar, CA,
within the gated community identified as "The
Country Estates." The project site is
approximately 1.32 gross acres and 1.25 net acres.
It is shaped irregularly, wide at the rear and
sloping downward from Indian Creek Road to the rear
of the property, the neighboring Flag -lot No. 65,
and properties on Falcons View Drive.
(b) The General Plan Land Use designation is Rural
Residential (RR), 1 du/acre. The project site is
zoned Single -Family Residence, R-1-40,000.
(c) Generally, the following zones surround the subject
site: To the north, south, east and west is the
R-1-40,000 zone.
(d) The application is a request to construct a three-
story (two-story with basement), single-family
residence of approximately 10,498 square feet with
balconies, porch, and five -car garage, swimming
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pool/spa and retaining walls in the rear and side
yards with a maximum exposed height of six feet.
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 vacant 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.
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The project site is adequately served by Indian
Creek Road. This private street is designed to
handle minimum traffic created by this type of
I
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 and
palette are compatible with the eclectic
architectural style of other homes within "The
Country Estates," and are consistent with the
City's General Plan, Development Code, and Design
Guidelines. The proposed project's architectural
style is Mediterranean. The project's architectural
features include balconies with precast
balustrades; porch with two-story entry/foyer with
glass and columns; layering of materials and
finishes via the trimmed stucco details: crown
molding, quatrefoils, and window treatments and
multi-levels of roof lines of "Espana" Mission
Sunrise by Life Tile to add texture and contrast.
The applicant has received the approval of "The
Country Estates" Homeowners' Association
Architectural Committee.
With the added condition of approval for more
landscaping to screen the retaining walls., the
accessory structure, pool/spa, and retaining walls
in the rear and side yards with a maximum height of
six feet, are compatible with the neighborhood.
Many homes in the Country Estates have similar
structures.
(h) The design of the proposed development will provide
a desirable environment for its occupants and
visiting public, as well as its neighbors, through
good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
A project colors/materials board is provided as
Exhibit "A". The colors-, materials, and textures
proposed are complimentary to the existing homes
within the area while offering variety.
(i) The proposed project will not be detrimental to the
public health, safety, or welfare or materially
injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or
improvements in the vicinity.
City permits, inspections and soils reports are
required for construction. These will ensure that
the finished project will not be detrimental to the
public health, safety, or welfare, or materially
injurious to the properties or improvements in the
vicinity.
The- terrain in the vicinity of Indian Creek Road
and Falcons View Drive is hilly. The parcels on
Indian Creek Road generally follow the ridgeline
and slope from the street downward to the rear of
the lots. The subject site is higher at street
level, sloping to lower elevations toward the rear
of the property basically forming a valley in the
middle of the property that continues into Lot 65
behind the subject site. The adjoining property on
the west is a single-family residence at a higher
elevation than the subject property. The vacant
parcels, Lot 65, Lot 64, and Lot 63 to the east and
the sites to the southwest on Falcons View Drive
- are at lower elevations than the subject site. By
maintaining the allowed height of 35 feet and Minor
Variance approval for chimney height of 2.5 feet on
the west and south elevations of the structure, the
proposed residential structure allows view
corridors to its neighbors. Therefore, the
proposed residence will not have significant
detrimental view blockage impact.
(j.) The proposed project has been reviewed in compliance
with -the provisions of the California Environmental
Quality Act (CEQA).
The environmental evaluation shows that the proposed
project is Categorically Exempt pursuant to the
guidelines of the -California Environmental Quality
Act of 1970 (CEQA), Section 15303(a).
MINOR VARIANCE
(k) There are special circumstances applicable to the
r T 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
5
by other property owners in the vicinity and under
identical zoning , districts or creates an uyi;u,i
unnecessary and non -self created, hardship or
unreasonable regulation which make it obviously
impractical to require compliance with the
development standards.
Pursuant to the Diamond Bar Development— Code
adopted December 1998, a residential structure in
the R-1=40,000 Zone is required, to maintain a
30 feet front setback. Theimain structure requires
a Minor Variance because, as proposed, it does not
comply with development standards specified in the
Development Code.
The subject site has grading constraints due to
topographical differences. The project site's
grade drops approximately 100 feet from the street
to the ravine at rear property line. Due to the
site's steepness, moving the buidable pad two feet
toward the rear will cause additional fill work and
the rear retaining wall to increase in height to
approximately eight feet. Pursuant to the City's
Design Guidelines and General Plan that encourage
minimizing wall heights and minimizing grading to
leave a site in its natural contours and retain the
natural vegetation, it is conducive to reduce the
front yard setback.
Approval of the Minor Variance would allow the
chimneys to project a maximum of two and one-half
(2.5) feet above the maximum allowed height of
35 feet for a residential structure. The
Development Code standard for the maximum height
for a -residential structure is 35 feet as measured
from the natural or finished grade adjacent to any
point at each exterior wall of the structure to the
highest point of the .roofline, above and parallel
to the natural or finished grade. The proposed
project meets this requirement except for two
chimneys projecting above the roofline. The
Development Code allows for a 10 percent height
increase with the Minor Variance application
approval or a maximum of 3.5 feet. The height of
chimneys above the roofline is also determined by
the California Building Code that states chimneys
must extend two feet higher than roof within a
10 feet radius. It is anticipated that the
projection will minimally affect the overall height
of the structure.
I .-, 1-11��ll,"--",-�,,��---'',�,�,,�",!,12-1-�li.,��,,��.�,�,,�,,'. V �, A- _�.
(1) 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- for setback
reduction can be based on three favorable
conclusions: 1) the use is consistent with the
surrounding homes in the vicinity, 2) the subject
site is irregularly shaped with varying topography
and the request minimizes the need for additional
grading 3) the front setback reduction minimizes
the need for higher retaining walls in the rear and
side yards due to the fall of the topography. It
is anticipated that the setback reduction impact
will be insignificant since many homes have been
built with a reduced setback prior to the 1998
Development Code adopted by the City of Diamond Bar
that increased the setback from 20 to 30 feet. The
Development Code allows for a maximum 20 percent
setback reduction with the approval of a Minor
Variance. The request is for 2 feet or
` approximately six percent.
Additionally, y, many homes within "The Country
Estates" are similar and enjoy the reduced front
setback and fireplaces requiring height projections
of the chimneys as required by the California
Building Code and 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 owners for which
the Minor Variance is sought.
(m) Granting the Minor Variance is consistent with the
General Plan and any applicable specific plan.
As stated above in Items (e) and (k), granting the
Minor Variance is consistent with the General Plan
and there is no applicable specific plan.
(n) The proposed entitlement would not be detrimental to
the public interest, health, safety, convenience,
;rte or welfare of the City.
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As stated above in Items (f), (g), (h), (i), (k),
(1) and (m), the proposed entitlement would not be
detrimental to the public interest, health, safety,
convenience, or welfare of the City.
(o) 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).
MINOR CONDITIONAL USE PERMIT
(p) 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 115 feet. The proposed application
complies with all other applicable provisions of
this Development Code and Municipal Code.
(q) 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 there is no applicable
specific plan.
(r) 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 is consistent with the
surrounding single-family homes. Therefore, the
project design, location, size and operating
characteristics are compatible.
(s) 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
A absence of physical constraints.
y (t) 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.
As stated above in Items (f), (g), (h), (i), (k),
(1) and (m), the proposed entitlement would not be
detrimental to the public interest, health, safety,
convenience, or welfare of the City.
(u) 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).
5. Based upon the findings and conclusion set forth above,
the'Planning Commission hereby approves this Application
subject to the following conditions:
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(a) The project shall substantially conform to site
plan, floor plans, elevations and materials/colors
board collectively labeled as Exhibit "A" dated Rf'Y
November 14, 2000, as submitted to and approved by
the Planning Commission.
(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) A final revised plan shall be submitted to the
Planning Division for review and approval prior to
the issuance of a Building Permit. The plans shall
include trees and shrubs, in addition to those
shown on the preliminary landscape plan, to soften
the retaining walls at the rear and side yards of
the pad.
(f) The landscaping/irrigation shall be installed prior
to the Planning Division's final inspection or
Certificate of Occupancy issuance. Any walls,
gates, fountains, etc. that may be proposed within
the front setback shall not encroach into street's
dedicated easement or exceed a maximum 42 inches in
height.
10
(g) The design of the exterior handrail on the east side
of the structure shall be submitted to the Planning
division for review and approval for architectural
_.J continuity.
(h) 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);
F-
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;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height -shall
not exceed six feet;
ll.All grading shall be subject to Development Code
Sections 22.16.030 (Air Emissions) and
Section 22.28 (Noise);
12. Erosion Control plan shall be submitted for
permits issued October 1 to April 15;
13. Hydrology calculations showing capacity of
proposed drainage devices as well as existing
drainage structures on site shall be reviewed and
approved by Public Works Division;
14. Wrought iron atop retaining walls holding a fill
shall not exceed a maximum height of 42 inches.
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(i) Applicant shall submit a soils report for the
proposed improvements to be reviewed and approved a,y
by the Public Works Divisionrior to issuance of
p
grading permits. The soils report shall also
reference the suitability of the retaining walls to
withstand pressure of the retained soils and
proposed development.
(j) 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.
(k) Applicant shall submit 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.
(1) 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.
(m) Site, driveway grade, and house design shall be
approved by the Fire Department. The maximum slope
is 15% per the Public Works Division.
(n) The single-family structure shall meet the 1998`
California Building Code, California Plumbing Code,
California Mechanical Code, and California
Electrical Code requirements.
(o) The minimum design wind pressure shall be 80 -miles
per hour and "C" exposure.
(p) 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
members under the fire;
2. All enclosed under -floor areas shall be
constructed as exterior walls;
3. All openings into the attic, floor, and/or
other enclosed areas shall be covered with
corrosion -resistant wire mesh not less than
1/ inch nor more than 1/2 inch in any dimension
except where such openings are equipped with;
sash or door;
.:
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4. Chimneys shall halve spark arresters of maximum
'A inch screen.
I
(q) This single-family structure shall meet the State
Energy Conservation Standards.
(r) 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.' The Minor Variance approval
shall allow the chimneys to project a maximum of
2.5 feet above the 35 feet.
(s) Due to the site's topography, applicant shall comply
with special design requirements as specified in
the California Building Code, Section 18.4.3,
building setback, top 'and toe of slopes.
(t) Pool/Spa and retaining walls shall require separate
building permits.
(u) All sleeping rooms shall have windows that comply
with egress requirements.
(v) All balconies shall be designed for 40 pound per
square foot live load.':
(w) Hand rails and guardrails shall be designed for
20 pound load applied laterally at the top of the
rail.
(x) Smoke detectors shall be provided in conformance
with the 1998 California Building Code.
(y) Application shall provide window and door schedule
for Building and Safety plan check.
(z) Driveway design and color shall be submitted to the
Planning Division for review and approval prior to
building permit issuance.
(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 result in significantly adverse effects
on public services and resources. The single-
family residence shall not be used for
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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 complete and record a "Covenant
and Agreement to Maintain a Single Family
Residence" on a form to be provided by the City.
The covenant must be completed and recorded with
the Los Angeles County's -Recorder's Office prior to
the issuance of a building permit.
(cc) The owner shall obtain a Zoning Clearance subject to
the standards outlined in Development Code
Section 22.42.070 for any Home Base Business use._
(dd) The Applicant shall comply with the requirements of
the Fire Department and City Planning, Building and
Safety, and Public Works Divisions.
(ee) 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.
(ff) 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.
(gg) 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
14
it
., .,, .. ,.> •.Y i �?„:�41,
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 Basant Sachdeva
and Andrajinder Joneja, 1738 E. Meats Avenue,
Orange, CA 92865.
APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 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 14TH day of November 2000, by the following vote:
AYES: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson
NOES:
ABSENT:
ABSTAIN:
ATTEST:
PeseStefa o, Secretary
15
A. Recitals
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE -CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-18,
MINOR VARIANCE NO. 2000-13, MINOR CONDITIONAL USE PERMIT NO.
2000-12, AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO
CONSTRUCT A THREESTORY (TWO-STORY WITH BASEMENT), SINGLE-
FAMILY RESIDENCE OF APPROXIMATELY 10,498 SQUARE FEET WITH
BALCONIES, PORCH, FIVE -CAR GARAGE, SWIMMING POOL/SPA AND
RETAINING WALLS IN THE REAR AND SIDE YARDS WITH A MAXIMUM
EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS 2250 INDIAN
CREEK ROAD (LOT 66 OF TRACT NO. 23483) DIAMOND BAR CA.
The property owners, Basant Sachdeva and Rajinder ioneja have filed an application to
approve Development Review No. 2000-18, Minor Variance No. 2000-13, Minor
Conditional Use Permit No. 2000-12 for a property located at 2250 Indian Creek Road,
Diamond Bar, Los Angeles County, California and part of the gated development
identified as "The Country Estates," as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Development Review, Minor Variance, Minor Conditional
Use Permit and Categorical Exemption shall be referred to as the "Application."
2. On October 31, 2000, 36 property owners within a 500 -foot radius of the project site were
notified by mail. On November 3, 2000, notification of the public hearing for this project
was provided in the San Gabriel Valley T
ri _:bune and Inland Valley Daily Bulletin newspapers and 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. Additionally, three other public places were posted within the vicinity of the
application.
3. On November 14, 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: L -J
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 15:303(a) of Article 19 of Chapter 3, Title
14 of the California Code of Regulations.'
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there is no evidence before
this Planning commission that the project proposed herein will have the
-potential of an adverse,effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this Planning commission
hereby rebuts the presumption of adverse effects contained in Section 753.5 (d)
of Title 14 of the California Code of Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning Commission,
(a) The project relates to -a parcel at 2250 Indian Creek
Road (Lot 66 of Tract No. 23483) Diamond Bar, CA, within the gated
community identified as "The Country Estates." The project site is
approximately 1.32 gross acres and 1.25 net acres. It is shaped
irregularly, wide at the rear and sloping downward from Indian Creek
Road to the rear of the property, the neighboring Flag -lot No. 65, and
properties on Falcons View Drive.
(b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre.
The project site is zoned Single -Family Residence, R-1-40,000.
(c) Generally, the following zones surround the subjectsite: To the north, south,
east and west is the R-1-40,000 Zone.
(d) The application is a request to construct a threestory (two-story with
basement), single-family residence of approximately 10,498 square feet
with balconies, porch, and five -car garage, swimming
pool/spa and retaining walls in the rear and side yards with a maximum
exposed height of six feet.
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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 vacant 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
street is designed to handle minimum traffic created by this type of
development.
(g) The architectural design of -the proposed development is compatible with the
characteristics of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive developmentcontemplated by Chapter
22.48, the General Plan, City Design Guidelines, or any applicable specific
plan.
The proposed project's architectural design and palette are compatible
with the eclectic architectural style of other homes within "The Country
Estates," and are consistent with the City's General Plan, Development
Code, and Design Guidelines. The proposed project's architectural style is
Mediterranean. The project's architectural features include balconies with
precast balustrades; porch with two-story entry/foyer with glass and
columns; layering of materials and finishes via the trimmed stucco details:
crown molding, quatrefoils, and window treatments and multi-levels of roof
lines of "Espana" Mission Sunrise by Life Tile to add texture and contrast.
The applicant has received the approval of The Country Estates"
Homeowners' Association Architectural Committee.
With the added condition of approval for more landscaping to screen the
retaining walls, the accessory structure,-pool/spa, and retaining walls in
the rear and side yards with a maximum height of six feet, are compatible
with the neighborhood. Many homes in the Country Estates have similar
structures.
(h) The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its neighbors,
through good aesthetic use of materials, texture, and color that will remain
aesthetically appealing.
A project colors /materials board is provided as Exhibit "A". The colors-,
materials, and textures proposed are complimentary to the existing homes
within the area while offering variety.
(i) The proposed project will not be detrimental to the public health, safety, or
welfare or materially injurious (e.g., negative affect on property values or
resale(s) of property) to the properties or improvements in the vicinity.
City permits, inspections and soils reports are required for construction.
These will ensure that the finished project will not be detrimental to the
public health, safety, or welfare, or materially injurious to the properties or
improvements in the vicinity.
The- terrain in the vicinity of Indian Creek Road and Falcons View Drive is
hilly. The parcels on Indian Creek Road generally follow the ridgeline and
slope from the street downward to the rear of the -lots. The subject site is
higher at street level, sloping to lower elevations toward the rear of the
property basically forming a valley in the middle of the property that
continues into Lot 65 behind the subject site. The adjoining property on
the west is a single-family residence at a higher elevation than the subject
property. The vacant parcels, Lot 65, Lot 64, and Lot 63 to the east and
the sites to the southwest on Falcons View Drive are at lower elevations
than the subject site. By maintaining the allowed height of 35 feet and
Minor Variance approval for chimney height of 2.5 feet on the west and
south elevations of the structure, the proposed residential structure allows
view corridors to its neighbors. Therefore, the proposed residence will not
have significant detrimental'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 VARIANCE
(k) There are special circumstances applicable to the property (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the
strict application of this Development Code denies the property owner
privileges enjoyed
by other property owners in the vicinity and under identical zoning ,
districts or, creates an unnecessary and non -self created, hardship or
unreasonable regulation which make it obviously impractical to require
compliance with the development standards.
Pursuant to the Diamond Bar Development- Code adopted December
1998, a residential structure in the R-1-40,000 Zone is required to
maintain a 30 feet front setback. The main structure requires a Minor
Variance because, as proposed, it does not comply with development
standards specified in the Development Code.
The subject site has grading constraints due to topographical differences.
The project site's grade drops approximately 100 feet from the street to
the ravine at rear property line. Due to the site's steepness, moving the
buidable pad two feet toward the rear will cause additional fill work -and the
rear retaining wall to increase in height to approximately eight feet.
Pursuant to the City's Design Guidelines and General Plan that encourage
minimizing wall heights and minimizing grading to leave a site in its natural
contours and retain the natural vegetation, it is conducive to reduce
the front yard setback.
Approval of the Minor Variance would allow the chimneys to project a maximum of two
and one-half (2.5) feet above the maximum allowed height of 35 feet for a residential
structure. Th e Development Code standard for the maximum height for a residential
structure is 35 feet as measured from the natural or finished grade adjacent to any
point at each,exterior wall of the structure to the highest point of the.roofline, above
and parallel to the natural or finished grade. The proposed project meets this
requirement except for two chimneys projecting above the roofline. The Development
Code allows for a 10 percent height increase with the Minor Variance application
approval or a maximum of 3.5 feet. The height of chimneys above the roofline is also
determined by the California Building Code that states chimneys must extend two feet
higher than roof within a 10 feet radius. It is anticipated that the projection will
minimally affect the overall height of the structure.
Granting the Minor Variance is necessary f or 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- for setback reduction can be based
on three favorable conclusions: 1) the use is consistent with the
surrounding homes in the vicinity, 2) the subject site is irregularly shaped
with varying topography and the request minimizes the need for additional
grading 3) the front setback reduction minimizes the need for higher
retaining walls in the rear and side yards due to the fall of the topography.
it is anticipated that the setback reduction impact will be insignificant since
many homes have been built with a reduced setback prior to the 1998
Development Code adopted by the City of Diamond Bar that increased the
setback from 20 to 30 feet. The Development Code allows for a maximum
20 percent setback reduction with the approval of a Minor Variance. The
request is for 2 feet or approximately six percent.
Additionally, many homes within "The Country Estates" are similar and
enjoy the reduced front setback and fireplaces requiring height projections
of the chimneys as required by the California Building Code and 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 owners for which the Minor Variance is
sought.
(m) Granting the Minor Variance is consistent with the General Plan and any
As stated above in Items (e) and (k), granting the Minor Variance is
consistent with the General Plan and there is no applicable specific plan.
(n) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
As stated above in Items (f) , (g), (h), (i), (k), (1) and (m), the proposed
entitlement would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
(o) 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).
MINOR CONDITIONAL USE PERMIT
(p) 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 115 feet. The proposed application complies with all
other applicable provisions of this Development Code and Municipal
Code.
(q) The proposed use is consistent with the General Plan and any applicable
As stated in Item (e), th& proposed project is consistent with the City's
General Plan objectives and strategies, the Development Code and City
Design Guidelines, and there is no applicable specific plan.
(r) 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 is
consistent with the surrounding single-family homes. Theref ore, the
project design, location, size and operating characteristics are compatible.
(s) 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.
(t) 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.
As stated above in Items (f), (g) , (h), (i), (k), (1) and (m), the proposed
entitlement would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
(u) 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).
5. Based upon the findings and conclusion set forth above, the'Planning Commission
hereby approves this Application subject to the following conditions:
(a) The project shall substantially conform to site plan, floor plans, elevations and
materials/colors board collectively labeled as Exhibit "A" dated November
14, 2000, as submitted to and approved by the Planning Commission.
(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 -
(e) A final revised plan shall he submitted to the Planning Division for review and
approval prior to the issuance of a Building Permit. The plans shall
include trees and shrubs, in addition to those shown on the preliminary
landscape plan, to soften the retaining walls at the rear and side yards of
the pad.
(f) The landscaping/irrigation shall be installed prior J
to the Planning Division's final inspection or
gates, fountains, etc. that may be proposed within
the front setback shall not encroach into -street's
dedicated easement or exceed a maximum 42 inches in height.
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(g) The design of the exterior handrail on the east side of the structure shall be submitted to the
Planning division for review and approval for architectural continuity.
(h) 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 I 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; (c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height -shall not exceed six
feet;
II.AII grading shall be subject to Development Code Sections 22.16.030 (Air
Emissions) and Section 22.28 (Noise);
12. Erosion Control plan shall be submitted for permits issued October 1 to
April 15;
13. Hydrology calculations showing capacity of proposed drainage devices
as well as existing drainage structures on site shall be reviewed and
approved by Public Works Division;
14. Wrought iron atop retaining walls holding a fill shall not exceed a
maximum height of 42 inches.
im
Applicant shall submit a soils report for the proposed improvements to be
reviewed and approved by the Public Works Division prior to issuance of
grading permits. The soils report shall also reference the suitability of the
retaining walls to withstand pressure of the retained soils and proposed
development.
Q) 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.
(k) Applicant shall submit 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.
(1) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
(m) Site, driveway grade, and house design shall be approved by the Fire
Department. The maximum slope is 15% per the Public Works Division.
(n) The single-family structure shall meet the 1998 California Building Code,
California Plumbing Code, California Mechanical Code, and California
Electrical Code requirements.
(o) The minimum design wind pressure shall be 80 -miles per hour and IICII
(p) The single-family structure requires Fire Department approval and is located
in "Fire Zone 4" and shall meet the following requirements of that fire
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;
.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 1/2 inch in any dimension except where such
openings are equipped with sash or door;
01
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4. Chimneys shall have spark arresters of maximum 1/2 inch screen.
(q) This single-family structure shall meet the State Energy Conservation
Standards.
(r) 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. The
minor Variance approval shall allow the chimneys to project a maximum of
2.5 feet above the 35 feet.
(s) Due to the site's topography, applicant shall comply with special design
requirements as specified in the' California Building Code, Section 18.4.3,
building setback, top and toe of slopes.
(t) Pool/Spa and retaining walls shall require separate building permits.
(u) All sleeping rooms shall have windows that comply with egress requirements.
(v) All balconies shall be designed for 40 pound per square foot live load.
(w) Hand rails and guardrails shall be designed for 20 pound load applied
laterally at the top of the rail.
(x) Smoke detectors shall be provided in conformance with the 1998 California
(y) Application shall provide window and door schedule for Building and
Safety plan check.
(z) Driveway design and color shall be submitted to the Planning Division for
review and approval prior to building permit issuance.
(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 result
in significantly adverse effects on public services and resources. The
singlefamily residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
(bb) The applicant shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by the City.
The covenant must be completed and recorded with the Los Angeles
County's -Recorder's office prior to the issuance of a building permit.
(cc) The owner shall obtain a Zoning Clearance subject to the standards outlined
in Development Code Section 22.42.070 for any Home Base Business
(dd) The Applicant shall comply with the requirements of the Fire Department
and City Planning, Building and Safety, and Public Works Divisions.
(ee) 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.
(ff) 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.
(g9) 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
14
0111 ii. 1 P ". ill"!
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
Basant Sachdeva and Andrajinder Joneja, 1738 E. Meats Avenue,
Orange, CA 92865.
APPROVED AND ADOPTED THIS 14TH DAY OF NOVEMBER 2000, BY THE PLANNING
By: —'0, 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 14TH day of November 2000, by the following vote:
AYES: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson
NOES:
ABSENT: ABSTAIN:
ATTEST:
15
Secretary