HomeMy WebLinkAboutPC 2001-05PLANNING COMMISSION
RESOLUTION NO. 2001-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2000-15, AND A CATEGORICAL EXEMPTION, A REQUEST
TO CONSTRUCT A TWO STORY, 9,471 SQUARE FOOT SINGLE.
FAMILY RESIDENCE WITH AN ATTACHED 1,546 SQUARE FOOT
GARAGE ON A VACANT PARCEL. THE PROJECT SITE IS
LOCATED AT 1819 DERRINGER LANE (LOT 2, TRACT 24046),
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The applicant Chary Dagam, acting as the agent for the property owners, Mr. & Mrs.
Hardip Gill, has filed an application for Development Review No. 2000-15 for property
located at 1819 Derringer Lane, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Development Review and Categorical
Exemption shall be referred to as the "Application."
2. On December 1, 2000, public hearing notices were mailed to approximately 30 property
owners within a 500 -foot radius of the project site, and posted in three public places.
On December 1, 2000, notification of the public hearing for this project was provided
in the Sap. Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On
December 2, 2000, the project site was posted with a display board.
3. On December 12, 2000, the Planning Commission of the City of Diamond Bar continued
the duly noticed public hearing to its regular meeting on January 23, 2001.
4. On.January 23, 2001, 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:
This Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the Environmental Categorical Exemption
j has been prepared by the City of Diamond Bar in compliance with the requirements of
the California Environmental Quality Act (CEQA) of 1970 as amended and guidelines
promulgated thereunder, pursuant to Section 15303(a). Furthermore, the Categorical
Exemption reflects the independent judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and changes and
alterations which have been incorporated into and conditioned upon the proposed project
set forth in the Application, there is no evidence before this Planning Commission that
the project proposed herein will have the potential of an adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Based upon substantial
evidence, this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5(d) of Title 14 of the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning Commission hereby
finds as follows:
(a) The project site is a vacant parcel of land created by Tract No. 24046 which is
located in the gate guarded community known as the Country Estates. The site
contains 1.56 net acres of land area. The site is subject to recorded Private Street
Easements, utility easements, and CC&R's. The site is rectangular in shape and
it is located at the northwest corner of Derringer Lane and Diamond Knoll Lane.
The site has been previously graded; it slopes in a westerly direction and it does
not contain any mature trees.
(b) The project site has a General Plan land use designation of RR (Rural
Residential).
(c) The project site zoned R-1, 40,000 (Single -Family Residential).
(d) Generally, the site is surrounded to the north, south, east and west with R-1,
40,000 zoned property.
Development Review
(e) The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and the
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments.)
The project site is a vacant single-family residential estate parcel of land located
in the developed gate guarded "County Estates."
On July 25, 1995, the City adopted its General Plan. The proposed project
complies with the General Plan land use goals, objectives and strategies.
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(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 an existing vacant single-family residential estate parcel of
land surrounded by existing residential development to the east, south and west.
The proposed project would complete and compliment the development of the
existing neighborhood.
(g) The design of the proposed development will provide a desirable environment
for its occupants and visiting public as well as its neighbors through the use of
quality materials, texture, and color that will remain aesthetically appealing as
defined by the City's design guidelines.
The proposed project is consistent with the surrounding development in terms
of mass and scale. The design of the proposed project is consistent with the
City's design guidelines and existing development within the surrounding
neighborhood. The proposed project complies with the minimum setback
requirements set forth in the City's Development Code. Access to the proposed
project is obtained from a fully developed private street.
-, (h) The proposed development will not be detrimental to the public health, safety
or welfare nor will it be materially injurious (e.g., negative affect on property
values or resale(s) of property) to the properties or improvements in the vicinity.
Before the issuance of City development permits, the proposed project is
required to comply with all conditions set forth in this resolution and the
requirements of the Building and Safety Division, Public Works Division, and
Fire Department. The referenced agencies, through the permit and inspection
process, will ensure that the proposed project will not be detrimental to the
public health, safety or welfare nor will it be materially injurious to the
properties or improvements in the vicinity.
(i) The proposed project has been reviewed for compliance with the provisions of
the California Environmental Quality Act (CEQA).
Pursuant to Section 15303(a), Class 3, the City has determined that the proposed
project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA).
5. Based on the findings and conclusions set forth above, the Planning Commission hereby
approves the Application subject to compliance with 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" as presented to the
Planning Commission on January 23, 2001, and as amended herein.
(b) The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement granted
herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, the
applicant or by a duly permitted waste contractor, who has been authorized by
the City to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the waste contractor utilized has
obtained permits from the City of Diamond Bar to provide such services.
(c) The applicant shall be required to submit a final landscape/irrigation plan
delineating the type of planting materials color, size, quantity and location, for
review and approval by the planning staff. The landscaping and irrigation shall
be installed prior to the issuance of a Certificate of Occupancy.
(d) The landscape plan shall include provisions for the gazebo. Fencing. and
retaining walls shall comply with the provision of Chapter 22.20 of the City's
Development Code (Fences, Hedges and Walls).
(e) The single-family residence shall not be utilized in a manner that creates adverse
effects upon the neighborhood and environmental setting as to levels of dust,
glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall
the project be operated so as to result in significantly adverse effects on public
services and resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used in conflict with the City's
zoning regulations. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
(f) The applicant shall complete and record, on a form to be provided by the City,
a "Covenant' and Agreement to Maintain a Single Family Residence." The
covenant must be completed and recorded in the Los Angeles County Recorder's
Office prior to the issuance of a building permit.
(g) 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.
(h) The Applicant shall provide temporary sanitation facilities while the site is
subject to construction activity.
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(i) Before the issuance of any City permits, the applicant shall submit an erosion
a_ control plan for the Building Department's review and approval. The erosion
control plan shall conform to National Pollutant Discharge Elimination System
(NPDES) standards and incorporate the appropriate Best Management Practices
(BMP's). Additionally, the Applicant shall obtain the necessary NPDES
permits.
(j) Applicant shall submit a soils report for the proposed improvements to be
reviewed and approved by the City. The preparation of the site and the
construction of the proposed structures shall be in compliance with the
recommendations set forth in such soils report.
(k) A grading plan review and approval shall be required for cut/fill quantities
greater than 50 cubic yards; otherwise a fine grade/drainage plan shall be filed
with the City's Engineering Division.
(1) A fine grade certification shall be required before building final.
(m) Drainage patterns shall be reviewed and approved by the Public Works Division;
surface water shall drain away from the building at a 2% minimum slope.
(n) Site, driveway grade, and project design shall be subject to review and approved
by the Fire Department. The maximum driveway slope is 15% per the Public
Works Division.
(o) Due to the site's topography, applicant shall comply with special design
requirements as specified in the Uniform Building Code, Section 18.4.3,
building setback, top and toe of slopes.
(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) All balconies shall be designed for 40 pound per square foot live load.
(s) Handrails and guardrails shall be designed for 20 -pound load applied laterally
at the top of the rail.
(t) The single-family structure is located in. -"Fire Zone 4" and shall meet the
following requirements of that fire zone:
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(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 1/4 inch nor more
than '/2 inch in any dimension except where such openings are equipped
with sash or door;
(4) Chimneys shall have spark arresters of maximum 1/2 inch screen.
(u) This single-family structure shall meet the State Energy Conservation Standards.
(v) All sleeping rooms shall have windows that comply with egress requirements.
(w) Smoke detectors shall be provided in conformance with the 1998 California
Building Code.
(x) Applicant shall make application to the water purveyor as necessary, and shall
submit the evidence of their approval to the Planning Division prior to the
issuance of building permits.
(y) 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. Evidence
of compliance with this requirement may require a height survey at completion 'a
of framing.
(z) All utility service to the proposed project shall be installed underground.
(aa) This entitlement is valid for two (2) years and shall be exercised
(i.e., construction shall commence) within that period or this entitlement shall
automatically 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 may consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of Diamond Bar
Development Code.
(bb) This entitlement 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 the approval date, at the City of Diamond Bar Community
and Development Services Department, their affidavit stating that they are aware
of and agree to accept all the conditions of this grant. Further, this grant shall
not become effective until the permittee pays any remaining City processing
fees.
- . The Planning Commission shall:
i
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Chary Dagam, 1000 Regal Canyon Drive, Walnut, CA 91789, and Mr. Hardip
Gill, 100 Stagecoach Cir. West Covina, CA 91791.
APPROVED- AND ADOPTED THIS 23rd DAY OF JANUARY 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Bob Zirbes, Vice Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was
duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 23rd day of January 2001, by the following vote:
AYES: Ruzicka, Tye, Kuo, Vice Chair Zirbes
NOES:
ABSENT: Chair Nelson
ABSTAIN:
R Q, f
ATTEST: 1",
ju
James DeStefano, Secretary
7
I uil I if 17 IT" ---T"'1----'-----'-
PLANNING COMMISSION
RESOLUTION NO. 2001-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2000-15, AND A CATEGORICAL EXEMPTION, A REQUEST
TO CONSTRUCT A TWO STORY, 9,471 SQUARE FOOT
SINGLEFAMILY RESIDENCE WITH AN ATTACHED 1,546
SQUARE FOOT GARAGE ON A VACANT PARCEL. THE
PROJECT SITE IS LOCATED AT 1819 DERRINGER LANE (LOT
2, TRACT 24046), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The applicant Chary Dagam, acting as the agent for the property owners, Mr. &
Mrs. Hardip Gill, has filed an application for Development Review No. 2000-
15 for property located at 1819 Derringer Lane, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Development
Review and Categorical Exemption shall be referred to as the "Application."
2. On December 1, 2000, public hearing notices were mailed to approximately 30
property owners within a 500- foot radius of the project site, and posted in
three public places. On December 1, 2000, notification of the public hearing
for this project was provided in the San Gabriel Valley Tribune and the Inland
Valley Daily Bulletin newspapers. On December 2, 2000, the project site -
3. On December 12, 2000, the Planning Commission of the City of Dia mond Bar
continued the duly noticed public hearing to its regular meeting on January
4. On -January 23, 2001, the Planning Commission of the City of Diamond Bar
B.- RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
1. This Planning Commission hereby specifically finds that all of the facts set forth
2. The Planning Commission hereby finds that the Environmental Categorical
Exemption has been prepared by the City of Diamond Bar in compliance with
the requirements of the California Environmental Quality Act (CEQA) of 1970
promulgated thereunder, pursuant to Section 15303(a). Furthermore, the
The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole includina 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 wildlife 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
4. Based,on the findings and conclusions set forth herein, this Planning Commission
(a) The project site is a vacant parcel of land created by Tract No. 24046
which is located in the gate guarded community known as the Country
Estates. The site contains 1.56 net acres of land area. The site is
subject to recorded Private Street Easements, utility easements, and
CC&R's. The site is rectangular in shape and it is located at the
northwest comer of Derringer Lane and Diamond Knoll Lane. The site
has been previously graded; it slopes in a westerly direction and
(b) The project site has a General Plan land use designation of RR (Rural
(c) The project site zoned R-1, 40,000 (Single -Family
(d) Generally, the site is surrounded to the north, south, east and west with R -
Development
(e) The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design
Guidelines, and the development standards of the applicable district,
design guidelines, and architectural criteria for special areas (e.g.,
The project site is a vacant single-family residential estate parcel of
On July 25, 1995, the City adopted its General Plan. The proposed
(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 an existing vacant single-family residential estate
parcel of land surrounded by existing residential development to the
east, south and west. The proposed project would complete and
compliment the development of the existing neighborhood.
(g) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through the use of quality materials, texture, and color that
The proposed project is consistent with the surrounding development
in terms of mass and scale. The design of the proposed project is
consistent with the City's design guidelines and existing development
within the surrounding neighborhood. The proposed project complies
with the minimum setback requirements set forth in the City's
Development Code. Access to the proposed project is obtained from a
(h) The proposed development will not be detrimental to the public health,
safety or welfare nor will it be materially injurious (e.g., negative affect
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
resolution and the requirements of the Building and Safety Division,
Public Works Division, and Fire Department. The referenced
agencies, through the permit and inspection process, will ensure that
the proposed project will not be detrimental to the public health, safety
or welfare nor will it be materially injurious to the properties or
(i) The proposed project has been reviewed for compliance with the
Pursuant to Section 15303(a), Class 3, the City has determined that
the proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA).
5. Based on the findings and conclusions set forth above, the Planning Commission
(a) The project shall substantially conform to site plan, floor plans, elevations,
and material s/colors board collectively labeled as Exhibit "A" as
(b) The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, the applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
(c) The applicant shall be required to submit a final landscapefirrigation plan
delineating the type of planting materials color, size, quantity and
location, for review and approval by the planning staff. The
(d) The landscape plan shall include provisions for the gazebo. Fencing, and
retaining walls shall comply with the provision of Chapter 22.20 of the
(e) The single-family residence shall not be utilized in a manner that creates
adverse effects upon the neighborhood and environmental setting as
to levels of dust, glare/light, noise, odor, traffic, or other similar types of
disturbances. Nor shall the -project be operated so as to result in
significantly adverse effects on public services and resources. The
single-family residence shall not be used for commercial/institutional
purposes, or otherwise used in conflict with the City's zoning
regulations. The property shall not be used for regular gatherings
which result in a nuisance or which create traffic and parking problems
(f) The applicant shall complete and record, on a form to be provided by the
City, a "Covenant'and Agreement to Maintain a Single Family
Residence." The covenant must be completed and recorded in the
(g) Before construction begins, the applicant shal] install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
(h) The Applicant shall provide temporary sanitation facilities while the site is
Before the issuance of any City permits, the applicant shall submit an
erosion control plan for the Building Department's review and
approval. The erosion control plan shall conform to National Pollutant
Discharge Elimination System (NPDES) standards and incorporate
the appropriate Best Management Practices (BMP's). Additionally, the
Applicant shall obtain the necessary NPDES permits.
Applicant shall submit a soils report for the proposed improvements to
be reviewed and approved by the City. The preparation of the site and
the construction of the proposed structures shall be in compliance with
the recommendations set forth in such soils report.
(k) A grading plan review and approval shall be required for cut/fill quantities
greater than 50 cubic yards; otherwise a fine grade/drainage plan shall
(1) A fine grade certification shall be required before building
(m) Drainage patterns shall be reviewed and approved by the Public Works
(n) Site, driveway grade, and project design shall be subject to review and
approved by the Fire Department. The maximum driveway slope is
15% per the Public Works Division.
(o) Due to the site's topography, applicant shall comply with special design
requirements as specified in the Uniform Building _Code, Section
18.4.3, building setback, top and toe of slopes.
(p) The single-family structure shall meet the 1998 California Building Code,
California Plumbing Code, California Mechanical Code, and California
(q) The minimum design wind pressure shall be 80 miles per hour and "C"
(r) All balconies shall be designed for 40 pound per square foot live
(s) Handrails and guardrails shall be designed for 20 -pound load applied
(t) The single-family structure is located in_" "Fire Zone 4" and shall meet the
following requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be
fire stopped at the eaves to preclude entry of the flame or
members under the fire;
(2) All enclosed under -floor areas shall be constructed as exterior walls;
(3) All openings into the attic, floor, and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 1/4inch
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 1/2inch screen.
(u) This single-family structure shall meet the State Energy Conservation
(v) All sleeping rooms shall have windows that comply with egress
(w) Smoke detectors shall be provided in conformance with the 1998
(x) Applicant shall make application to the water purveyor as necessary, and
shall submit the evidence of their approval to the Planning Division
(y) 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. Evidence
of compliance with this requirement may require a height survey at completion
of framing.
(z) All utility service to the proposed project shall be installed
(aa) This entitlement is valid for two (2) years and shall be exercised (i.e.,
construction shall commence) within that period or this entitlement
shall automatically 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 may consider the extension
request at a duly noticed public hearing in accordance with Chapter
(bb) This entitlement 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 the approval date, at the City of Diamond Bar Community
and Development Services Department, their affidavit stating that they are
aware of and agree to accept all the conditions of this grant. Further, this grant
shall not become effective until the permittee pays any remaining City
processing fees.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution;
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Chary Dagam, 1000 Regal Canyon Drive, Walnut, CA 91789, and Mr.
Hardip Gill, 100 Stagecoach Cir. West Covina, CA 91791.
APPROVED- AND ADOPTED TFUS 23rd DAY OF JANUARY 2001, BY'TBE
BY: Bob Zirbes, Vice Chairman
1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the City
of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of
AYES: Ruzicka, Tye, Kuo, Vice Chair Zirbes
NOES
ABSENT: Chair Nelson
ABSTAIN: James
DeSt—ano, Secretary
ATTEST
