HomeMy WebLinkAboutPC 2001-08PLANNING COMMISSION
RESOLUTION NO. 2001-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING ADMINISTRATIVE
DEVELOPMENT REVIEW NO. 2001-01 AND VARIANCE
NO. 2001-02, A REQUEST TO CONSTRUCT A TWO-
STORY SINGLE FAMILY RESIDENCE WITH TWO TWO -CAR'
GARAGES AND BALCONIES TOTALING APPROXIMATELY
8,800 SQUARE FEET, TENNIS COURTS AND RETAINING
WALLS NOT EXCEEDING AN EXPOSED HEIGHT OF
11 FEET. THE PROJECT SITE IS LOCATED AT
2888 CRYSTAL RIDGE ROAD (PARCEL B, TRACT
NO. 47850), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Diamond Bar West, LLC, has
filed an application for Administrative Development Review
No. 2001-01 and Variance No. 2001-02 for a property located
at 2888 Crystal Ridge Road, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject
Administrative Development Review and Variance shall be
referred to as the "Application."
2. On January 29, 2001, public hearing notices were mailed to
approximately 24 property owners of record within a 500 -foot
radius of the project. On January 31, 2001, notification of
the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Also, on January 30, 2001, the public hearing
notice was posted in three public places within the City of
Diamond Bar and the project site was posted with a display
board.
3. On February 13, 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:
,r�,....-w��«�......,.�.m..q,..,.........���.-...,�.�..��-._'_-
1. This Planning Commission hereby specifically finds that all
of the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The Planning Commission hereby finds that the project
identified above in this Resolution is consistent with the
previously certified Environmental Impact Report No. 91-2 for
Tract Nos. 47850, 47851 and 48487 according to the California
Environmental Quality Act (CEQ'A), of 11970 and guidelines
promulgated thereunder„ pursuant to Section_ 15162 (a) of
Article 11 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
3 alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there
is no evidence before this Planning Commission that the
project proposed herein will have the potential of an adverse
effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of adverse
effects contained in Section 753.5 (d) of Title 14 of the
California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this,
Planning Commission hereby finds as follows:
(a) The project relates to a 50 -lot subdivision approved by
the City Council on June 6, 1995. It is located at
2888 Crystal Ridge Road, on the cul-de-sac where Crystal
Ridge Road intersects Water Course Drive and adjacent to
a gated community identified as "The Country Estates."
The project site, a vacant lot, is approximately 44,821
square feet with a pad area -of 16,420 square feet and
pad elevation of 942.0 feet. Easements are located
within the front portion of the lot adjacent to Crystal
Ridge Road. These easements are for access purposes,
public utility and services and sanitary sewer. This
lot is somewhat triangular shaped and contains three
slopes, one at the rear and sides that slopes down to
the pad and one at the front that slopes down to Crystal
Ridge Road. These slopes contain some vegetation,
however the vegetation is not part of the mitigation
monitoring plan.
(b) The project site has a General Plan land use designation
_ of Rural Residential (RR).
(c) The project site is within_ the Single Family Residence -
Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone.
2
�i
fi
(d) Generally, the following zones surround the project
site: to the north is the R-1-20,000 Zone; to the south
w is the Agriculture (AG) Zone; to the east is the
R-1-20,000 Zone; and to the west is the Single Family
Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000)
Zone.
(e) The Application request is for approval to construct a
two-story single-family residence with two two -car
garage and balconies for a total of approximately 8,800
square feet. The Application request includes a tennis
court and retaining walls not exceeding an exposed
height of 11 feet located within the rear and side
yards.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is
consistent with the applicable elements of the City's
General Plan, City Design Guidelines, and development
standards of the applicable district, design guidelines,
and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans,
boulevards or planned developments).
Originally, Tract Map' No. 47850 was submitted as a
vesting tentative tract map. At that time, the City was
operating under a draft General Plan. The General Plan
was adopted on July 25, 1995. Vesting Tentative Tract
Map No. 47850 was approved on June 5, 1995. However,
this vesting map was designed at 25 percent below the
maximum allowable density and has an overall average
density of 1.49 dwelling units per acre which complies
with the General Plan land use designation of Rural
Residential (Maximum 1 DU/AC). Additionally, the
proposed project complies with the General Plan
objectives and strategies and the City's Design
Guidelines related to maintaining the integrity of
residential neighborhoods and open space. Furthermore,
the proposed project is compatible with the eclectic
architectural style, colors and materials of other homes
within Tract No. 47850 and the adjacent "Country
Estates."
(g) The design and layout of the proposed development will
not interfere with the use and enjoyment of neighboring
existing or future development and will not create
traffic or pedestrian hazards.
3
Tract Map No. 47850's Environmental Impact Report
No. 91-2, certified by the City, addresses the design
and layout of the neighborhood as well as the flow ofa",
pedestrian and vehicular traffic. Steeplechase Lane and
Water Course Drive and other access roads to the tract
adequately serve the project site as presented in the
Environmental Impact Report. These private streets are
designed to handle minimum traffic created by this gated
residential development. Therefore, the use of a
contemplated single-family residence will not interfere
with the use and enjoyment of neighboring existing or
future development and will not create traffic or
pedestrian hazards.
(h) The architectural design of the proposed development is
compatible with the character of the surrounding
neighborhood and will maintain the harmonious_, orderly
and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City
Design Guidelines, the City's General Plan, or any
applicable specific plan.
The proposed prominent architectural feature/focal point
is the front entry of the residence. Four fluted Ionic
5 type columns support the gable roof entry. Windows
influenced by Palladianism and balconies are also
prominent architectural features-. Furthermore,
architectural treatment extends to all sides of the
proposed residential structure. The proposed
materials/colors board was compared to boards previously
approved for homes adjacent or near the project site
(Lots 20 -vacant, 21, 22, 23, and Parcels A and C). The
comparison indicates that each lot's color scheme is
somewhat similar to other colors chosen due to the fact
that earth and gray tones are being utilized. However,
stone will be utilized for the exterior walls adjacent
to the entry. It will also be utilized as wainscoting on
the remaining front fagade exterior walls of the
proposed residence. The variation in the architectural
styles and colors and materials between the proposed
residence and existing residences within the tract will
result in providing a desirable environment, good
aesthetic use of materials, textures and colors that
will remain aesthetically appealing while offering
variety in color and texture. Therefore, the
architectural design of the proposed development is
compatible with the character of the surrounding
neighborhood and will maintain the harmonious, orderly w
and attractive development contemplated b
. , p p Y
Chapter 22.48.20. Development Review Standards_ City
Design Guidelines, the City's General Plan.
4
'r
Additionally, as approved the proposed project will be
compatible with Vesting Tract Map No. 47850's
development standards.
(i) The design of the proposed development will provide a
desirable environment for its occupants and visiting
public as well as its neighbors through good aesthetic
use of materials, texture, and color that will remain
aesthetically appealing and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings and_ the
colors/materials board, the proposed project will
provide a desirable environment for its occupants and
visiting public as well as its neighbors through good
aesthetic use of materials, texture and color that will
remain aesthetically appealing while offering variety in
color, texture and a low level of maintenance.
(j) The proposed development will not be detrimental to
public health, safety or welfare or materially injurious
(e.g. negative affect on property values or resale(s) of
property) to the properties or improvements in the
vicinity; and
Before the issuance of any City permits, the proposed
project is required to comply with all conditions within
the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department
requirements. The referenced agencies through the
permit and inspection process will ensure that the
proposed project is not detrimental to the public
health, safety or welfare or materially injurious to the
properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA);
The environmental evaluation shows that the proposed
project is consistent with the previously certified
Environmental Impact Report No. 91-2 for Tract Map
Nos. 47850, 47851 and 48287 according to the California
Environmental- Quality Act (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15162(a) of
Article 11 of the California Code of Regulations.
VARIANCE
(1) There are special circumstances applicable to the
property (e.g., location, shape, size, surroundings,
5
topography, or other conditions), so that the strict
application of the City's Development- Code denies the
property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning
districts or creates an unnecessary and non -self
created, hardship or unreasonable regulation which makes
it obviously impractical to require compliance with the
development standards;
Based on Vesting Tentative Tract Map No. 47850's
approval, many lots within this tract were designed and
graded to accommodate tennis courts and tennis courts
have been approved for such lots. In this case, due to
the lot's location on a cul-de-sac, configuration and
topography, the majority of the recreational area is
-located in the east side yard. As such, this yard area
is the most feasible location for the tennis court.
Therefore, a retaining wall is needed cutting into the
i slope, thereby creating a tennis court pad. Due to the
project site's topography, the creating of the tennis
court pad causes the retaining walls to exceed an
exposed height of six feet as allowed by code without a
variance process. Furthermore, the retaining wall will
be utilized to create a minimal increased amount of
recreational area in the rear and west side yard. Since
the retaining walls are holding a cut, they will be
viewed from the proposed residential structure and will
not impact the neighboring views.
Granting the Variance is necessary for the preservation
and enjoyment of substantial property rights possessed
by other property owners in the same vicinity and zoning
districts and denied to the property owner for which the
Variance is sought;
As stated above in Finding (1), based on the approval of
Vesting Tentative Tract Map No. 47850, many lots within
this tract were designed and graded to accommodate
tennis courts and tennis courts have been approved for
such lots. As a result, Granting the Variance is
necessary for the preservation and enjoyment of
substantial property rights possessed by other property
owners in the same vicinity and zoning districts and
denied to the property owner for which the Variance is
sought.
(n) Granting the Variance is consistent with the General
Plan and any applicable specific plan;
As, referenced above in Findings (1) and (m), the
proposed retaining wall is consistent with the General
A
11,
F ,
r -.
Plan and consistent with specific strategies 1.2.4 and
2.2.1 of the Land Use Element.
(o) The proposed entitlement would not be detrimental to the
public interest, health, safety, convenience,. or welfare
of the City;
Before the issuance of any City permits, the proposed
project is required to comply with all conditions within
the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department
requirements. The referenced agencies through the
permit and inspection process will ensure that the
proposed project is not detrimental to the public
health, safety or welfare or materially injurious to the
properties or improvements in the vicinity.
5. Based on the findings and conclusions set forth above, the
Planning Commission hereby approves the Application subject
to the following conditions:
(a) The project shall substantially conform to site plan,
grading plan, floor plan, elevations, grading/drainage
plan, sections to tennis court landscape plan and
colors/materials board collectively labeled as
Exhibit "A" dated February 13, 2001, as submitted and
approved by the Planning Commission, and as amended
herein.
(b) The site shall be maintained in a condition, which is
free of debris both during and after the construction,
addition, or implementation of the entitlement granted
herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be
done only by the property owner, applicant or by a duly
permitted waste contractor, who has been authorized by
the City to provide collection, transportation, and
disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the
waste contractor utilized has obtained permits from the
City of Diamond Bar to provide such services.
(c) The applicant shall submit a revised site plan that
delineates a 10 foot side yard setback for the tennis
court.
(d) Prior to the issuance of any City permits, the applicant
shall submit a site plan and detail delineating the
tennis court fencing and lighting for the City's review
and approval. Pursuant to Code Section 22.16.050 E.,
-- ,7.v uu°i irm
7
tennis court light fixtures shall not be located closer
than 10 feet to the adjacent property line and not g�lh
located more than 18 feet from the court surface. The
light poles shall have a five-foot extension arm, which
complies with Code. The fixtures shall be shielded in
a manner that completely cuts off light source when
viewed from any point five feet or more beyond the
property line. The incident light level at a property
line is required to not exceed one -footcandle measured
from grade at a 12 -foot height. The incident light
level upon any habitable building on an adjacent
property shall not exceed .05 foot-candle. In the event
that the illuminated court surface is visible from
another parcel, it shall be required that the applicant
treat the court surface with a low reflecting, dark -
colored coating. Additionally, tennis 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.
(e) Sixty days prior to final inspection or issuance of a
Certificate of Occupancy, the applicant shall submit a
landscape/ irrigation plan for the City's review and
approval. Said plan shall reflect the landscape
guidelines set forth by Tract No. 47850 and delineate;..;I
plant species, size, quantity and location.,;;
Landscaping/ irrigation shall be installed within six
months of occupancy.
(f) The applicant shall submit a landscape plan for the area
adjacent to Crystal Ridge Road and the tennis court for
the City's review and approval. Said landscaping shall
effectively mitigate the view of the tennis court from
Crystal Ridge Road and shall be installed prior to final
inspection or certificate of occupancy issuance.
(g) Prior to final inspection or Certificate of Occupancy,
the applicant shall replace trees and shrubs located on
the project site slopes that are destroyed during
construction, by the same species, size and quantity_.
(h) Prior to construction, the applicant shall install
temporary construction fencing pursuant to the building
and -Safety Division's requirements along the project
perimeter.
(i) Prior to final inspection or the issuance of a
Certificate of Occupancy, the applicant shall submit to
the City Planning Division written evidence indicating
the buyer's receipt of the "Buyers' Awareness Package."
In the event no one has purchased the property, the
8
a
receipt shall be submitted before approval of future
improvements (i.e., hardscape, landscaping, pool/spa,
retaining walls, etc.)
(j) The single family residence shall not be utilized in a
manner that creates adverse effects (i.e, significant
levels of dust, glare/light, noise, odor, traffic, or
other disturbances) upon the neighborhood and
environmental setting. Additionally, the single family
residence shall not result in significantly adverse
effects on public services or resources. No portion of
the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized
as a separate dwelling. The property'shall not be used
for regular gatherings that result in a nuisance or
create traffic and parking problems in the neighborhood.
(k) Retaining wall shall not exceed an exposed height of
11 feet.
(1) Prior to the issuance of any City permits, the applicant
shall submit a retaining wall detail delineating top of
wall, top of footing and finish surfaces and retaining
wall calculations for the City's review and approval.
(m) Grading plan review and approval shall be required if
cut/fill quantities are greater than 50 cubic yards of
earthwork. prior to the issuance of any City permits,
the applicant shall submit a complete grading plan in
accordance with the City's grading requirements for the
City's review and approval. The grading plan shall
delineate the following:
(1) Existing and proposed topography;
(2) All finish surface and finished grade elevation and
flow lines; -
(3) Cut and fill quantities and earth work calculation;
(4) Grading plan shall be signed/stamped by a civil
engineer, -geotechnical engineer, and geologist, as
required; and
(5) All easements.
(n) Fine grade certification shall be required before final
inspection or issuance Certificate of Occupancy.
(o) If applicable, prior to the issuance of any City
permits, the applicant shall submit a soils report for
the City's review and approval that incorporates the
scope of the proposed development and appropriate
,__.. recommendations for the project's construction.
9
(p) Prior to the issuance of any City permits, the applicant
shall submit a proper drainage plan indicating details
and sections for the City's review and approval.
(q) Before the issuance of any City permits, the applicant
shall submit an erosion control plan for the City's
review and approval. The erosion control plan shall
conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate
Best Management Practices (BMP's). Additionally, the
applicant shall obtainrthe necessary NPDES permits.
(r) The applicant shall be responsible for sewer connection
and shall ensure connection with Los Angeles County
Department of Public Works and the Sanitation District.
(s) The proposed residence shall comply with the State
Energy Conservation Standards.
(t) Surface water shall drain away from the proposed
residence at a two -percent minimum slope.
(u) The proposed single -farm -1y residence is located within
"Fire Zone 4" and shall meet all requirements of said
zone.
(1) All roof covering shall be "Fire Retardant." Tile
roof shall be fire stopped at the eaves to
preclude entry of the flame or members under the
fire.
(2) All unenclosed under -floor areas shall be
constructed as exterior walls.
(3) All openings into the attic, floor and/or other
enclosed areas shall be covered with corrosion -
resistant wire mesh not less than 1/4 inch or more
than 1/2 inch in dimension except where such
openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum
1/2 inch screen.
(v) Plans shall conform to State and Local Building Code
(i.e., 1997 Uniform Building Code, Uniform Plumbing,
Code, Uniform Mechanical Code, and the 1996 National
Electrical Code) requirements.
(w) Construction plans shall be engineered to meet wind in
loads of 80 M.P.H. with a "C" exposure.
(x) Prior to the issuance of any construction permits, the
applicant shall submit construction plans to the Los
Angeles County Fire Department for review and approval.
10
(y) The residential structure shall maintain a 7.5 foot
setback from the retaining wall proposed on the north
�,. side of the project site.
(z) This grant is valid for two years and shall be exercised
(i.e., construction started) within that period or this
grant shall expire. A one-year extension of time may be
approved when submitted to the City in writing at least
60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72
of the City of Diamond Bar Development Code.
(aa) 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
of and agree to accept all the conditions of this grant.
Further, this grant shall not be effective until the
permittee pays remaining City processing fees, school
F .
fees and fees for the review of submitted reports.
(bb) If the Department of Fish and Game determines that Fish
�,.. and Game Code Section 711.4 applies to the approval of
this project, then the applicant shall remit to the
City, within five days of this grant's approval, a
cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing
fee imposed because the project has more than a
deminimis impact on fish and wildlife, the applicant
shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to
be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution,
by certified mail, to: Diamond Bar West, LLC,
3480 Torrance- Boulevard, Suite #300, Torrance, CA,
90503.
Ilk]
APPROVED AND ADOPTED THIS 13TH OF FEBRUARY 2001, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Steve Nelson, Chairman
I, James DeStefano, Planning Commission Secretary,
do hereby certify
that the
foregoing Resolution was duly introduced, passed, and adopted
by the
Planning Commission of the City of Diamond
Bar, at a regular
meeting
of the Planning Commission held on the 13th
day February 2001,
by the
following vote:
AYES: Nelson, Zirbes, Kuo, Ruzicka,
Tye
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST.
j
James DeStefano, Secretary
12
PLANNING COMMISSION RESOLUTION NO. 2001-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING ADMINISTRATIVE DEVELOPMENT
REVIEW NO. 2001-01 AND VARIANCE NO. 2001-02, A REQUEST TO
CONSTRUCT A TWOSTORY SINGLE FAMILY RESIDENCE WITH
TWO TWO -CAR GARAGES AND BALCONIES TOTALING
APPROXIMATELY 8,800 SQUARE FEET, TENNIS COURTS AND
RETAINING WALLS NOT EXCEEDING AN EXPOSED HEIGHT OF 11
FEET. THE PROJ19CT SITE IS LOCATED AT 2888 CRYSTAL RIDGE
ROAD (PARCEL B, TRACT NO. 47850), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Diamond Bar West, LLC, has filed an appl ication for Administrative
Development Review No. 2001-01 and Variance No. 2001-02 for a property located at 2888
Crystal Ridge Road, Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Administrative Development Review and Variance shall be referred to as
the "Application."
2. On January 29, 2001, public hearing notices were mailed to approximately 24 property owners of
record within a 500 -foot radius of the project. on January 31, 2001, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers. Also, on January 30, 2001, the public hearing notice was posted in three
public places within the City of Diamond Bar and the project site was posted with a display
board.
3. On February 13, 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 -
51 amond Bar as follows:
TIK
1. This Planning Commission hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in this Resolution is
consistent with the previously certified Environmental Impact Report No. 91-2 for Tract
Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act
(CEQA) of 11970 and guidelines promulgated thereunder„ pursuant to Section 15162
(a) of Article 11 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 on the findings and conclusions set forth herein, this Planning Commission hereby
(a) The project relates to a 50 -lot subdivision approved by the City Council on June 6,
1995. It is located at 2888 Crystal Ridge Road, on the cul-de-sac where Crystal
Ridge Road intersects Water Course Drive and adjacent to a gated community
identified as "The Country Estates." The project site, a vacant lot, is
approximately 44,821 square feet with a pad area -of 16,420 square feet and
pad elevation of 942.0 feet. Easements are located within the front portion of
the lot adjacent to Crystal Ridge Road. These easements are for access
purposes, public utility and services and sanitary sewer. This lot is somewhat
triangular shaped and contains three slopes, one at the rear and sides that
slopes down to the pad and one at the front that slopes down to Crystal Ridge
Road. These slopes contain some vegetation, however the vegetation is not
part of the mitigation monitoring plan.
(b) The project site has a General Plan land use designation of Rural Residential (RR).
(c) The project site is within the Single Family Residence- Li Minimum Lot Size 20,000 Square
Feet (R-1-20,000) Zone.
(d) Generally, the following zones surround the project site: to the north is the R-1-
20,000 Zone; to the south is the Agriculture (AG) Zone; to the east is the R-1-
20,000 Zone; and to the west is the Single Family Residence -Minimum Lot Size
9,000 Square Feet (R-1-9,000) Zone.
(e) The Application request is for approval to construct a two-story single-family
residence with two two -car garage and balconies for a total of approximately
8,800 square feet. The Application request includes a tennis court and retaining
walls not exceeding an exposed height of 11 feet located within the rear and
side yards.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
Originally, Tract Map' No. 47850 was submitted as a vesting tentative tract map. At
that time, the City was operating under a draft General Plan. The General Plan
was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was
approved on June 5, 1995. However, this vesting map was designed at 25
percent below the maximum allowable density and has an overall average
density of 1.49 dwelling units per acre which complies with the General Plan
land use designation of Rural Residential (Maximum 1 DU/AC). Additionally, the
proposed project complies with the General Plan objectives and strategies and
the City's Design Guidelines related to maintaining the integrity of residential
neighborhoods and open space. Furthermore, the proposed project is
compatible with the eclectic architectural style, colors and materials of other
homes within Tract No. 47850 and the adjacent "Country Estates."
(g) The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future development and will not create
traf fic or pedestrian hazards.
Tract Map No. 47850's Environmental Impact Report No. 91-2, certified by the City,
addresses the design and layout of the neighborhood as well as the flow of pedestrian
and vehicular traffic. Steeplechase Lane and Water Course Drive and other access
roads to the tract adequately serve the project site as presented in the Environmental
Impact Report. These private streets are designed to handle minimum traffic created by
this gated residential development. Therefore, the use of a contemplated single-family
residence will not interfere with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible with the character of
the surrounding neighborhood and will maintain the harmonious-, orderly and attractive
development contemplated by Chapter 22.48.20. Development Review Standards, City
Design Guidelines, the City's General Plan, or any applicable specific plan.
The proposed prominent architectural feature/focal point is the front entry of the
residence. Four fluted Ionic type columns support the gable roof entry. Windows
influenced by Palladianism and balconies are also prominent architectural features-.
Furthermore, architectural treatment extends to all sides of the proposed residential
structure. The proposed materials/colors board was compared to boards previously
approved for homes adjacent or near the project site (Lots 20 -vacant, 21, 22, 23, and
Parcels A and C). The comparison indicates that each lot's color scheme is somewhat
similar to other colors chosen due to the fact that earth and gray tones are being
utilized. However, stone will be utilized for the exterior walls adjacent to the entry. It will
also be utilized as wainscoting on the remaining front fagade exterior walls of the
proposed residence. The variation in the architectural styles and colors and materials
between the proposed residence and existing residences within the tract will result in
providing a desirable environment, good aesthetic use of materials, textures and colors
that will remain aesthetically appealing while offering variety in color and texture.
Therefore, the architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain the harmonious, orderly
and attractive development contemplated by Chapter 22.48.20. Development Review
Standards_ City Design Guidelines, the City's General Plan.
Additionally, as approved the proposed project will be
compatible with Vesting Tract Map No. 47850's development standards.
(i) The design of the proposed development will provide a desirable environment for its
occupants and visiting public as well as its neighbors through good aesthetic use of
materials, texture, and color that will remain aesthetically appealing and will retain a
reasonably adequate level of maintenance.
As referenced in the above findings and - the colors/materials board, the proposed
project will provide a desirable environment for its occupants and visiting public as well
as its neighbors through good aesthetic use of materials, texture and color that will
remain aesthetically appealing while offering variety in color, texture and a low level of
maintenance.
Q) The proposed development will not be detrimental to public health, safety or welfare or
materially injurious (e.g. negative affect on property values or resale(s) of property) to
the properties or improvements in the vicinity; and
Before the issuance of any City permits, the proposed project is required to comply with all
conditions within the approved resolution and the Building and Safety Division, Public
Works Division, and Fire Department requirements. The referenced agencies through
the permit and inspection process will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially injurious to the properties
or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA);
The environmental evaluation shows that the proposed project is consistent with the
previously certified Environmental Impact Report No. 91-2 for Tract Map Nos. 47850,
47851 and 48287 according to the California Environmental- Quality Act (CEQA) and
guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the
California Code of Regulations.
VARIANCE (1) There are special circumstances applicable to the
property (e.g., location, shape, size, surroundings,
topography, or other conditions), so that the strict application of the City's
Development- Code denies the property owner privileges enjoyed by other
property owners in the vicinity and under identical zoning districts or creates an
unnecessary and non -self created, hardship or unreasonable regulation which
makes it obviously impractical to require compliance with the development
standards;
Based on Vesting Tentative Tract Map No. 47850's approval, many lots within
this tract were designed and graded to accommodate tennis courts and tennis
courts have been approved for such lots. In this case, due to the lot's location on
a cul-de-sac, configuration and topography, the majority of the recreational
area is -located in the east side yard. As such, this yard area is the most feasible
location for the tennis court. Therefore, a retaining wall is needed cutting into the
slope, thereby creating a tennis court pad. Due to the project site's topography,
the creating of the tennis court pad causes the retaining walls to exceed an
exposed height of six feet as allowed by code without a
-variance process. Furthermore, the retaining wall will be utilized to create a
minimal increased amount of recreational area in the rear and west side yard.
Since the retaining walls are holding a cut, they will be viewed from the
proposed residential structure and will not impact the neighboring views.
(m) Granting the -Variance is necessary for the preservation
and enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning districts and denied to the property
owner for which the Variance is sought;
As stated above in Finding (1), based on the approval of Vesting Tentative Tract
Map No. 47850, many lots within this tract were designed and graded to
accommodate tennis courts and tennis courts have been approved for such lots.
As a result, Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning districts and -denied to the property
owner for which the Variance is sought.
(n) Granting the Variance is consistent with the General Plan and any applicable
As. referenced above in proposed Findings (1) and (m), the is consistent
Plan and consistent with specific strategies 1.2.4 and 2.2.1 of the Land Use
Element.
(o) The proposed entitlement would not be detrimental to the public interest, health,
safety, convenience,. or welfare of the City;
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building and
Safety Division, Public Works Division, and Fire Department requirements. The
referenced agencies through the permit and inspection process will ensure that
the proposed project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
5. Based on the findings and conclusions set forth above, the Planning Commission hereby
approves the Application subject to the following conditions:
(a) The project shall substantially conform to site plan, grading plan, floor plan,
elevations, grading/drainage plan, sections to tennis court landscape plan and
colors/materials board collectively labeled as Exhibit "A" dated February 13,
2001, as submitted and approved by the Planning Commission, and as
amended herein.
(b) The site shall be maintained in a condition, which is free of debris both during and
after the construction, addition, or implementation of the entitlement granted
herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant
or by a duly permitted waste contractor, who has been authorized by the City to
provide collection, transportation, and disposal of solid waste 'from residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor utilized has obtained
permits from the City of Diamond Bar to provide such services.
(c) The applicant shall submit a revised site plan that delineates a 10 foot side yard
setback for the tennis court.
(d) Prior to the issuance of any City permits, the applicant -shall submit a site plan and
tennis court fencing and lighting for the City's review and approval. Pursuant to
ennis court light fixtures shall not be located closer
than 10 feet to the adjacent property line and not
located more than 18 feet from the court surface. The 10-1
1
light poles shall have a five-foot extension arm, which 1
complies with Code. The fixtures shall be shielded i
a manner that completely cuts off light source whe
viewed from any point five feet or more beyond th
property line. The incident light level ata propert
line is required to not exceed one -footcandle measure
from grade at a 12 -foot height. The incident Ii h
level upon any habitable building on an ad'acen
property shall not exceed .05 foot-candle. In the even
that the illuminated court surface is visible frorr
another parcel, it shall be required that the applican
treat the court surface with a low reflecting, dark
colored coating. Additionally, tennis court Ii htin
shall not be operated between 10:00 p.m. and 7:00 a.m
on weekdays and between 11:00 .m. and 7:00 a.mjas
Saturda s and Sunde Sixt da s rior to final ins ection or issuanceCertificate of Occu ant thea licant shall sub
andsca e/ irrigation plan for the City's review and
3pproval. Said plan shall reflect the landscape
guidelines set forth by Tract No. 47850 and delineate
lant species, size, quantity and location.
andsca in / irrigation shall be installed within six
onths of occupancy.
The applicant shall submit a landscape plan for the area
d'acent to Crystal Ride Road and the tennis court for
he City's review and approval. Said landscaping shall
)ffectively mitigate the view of the tennis court from
r stat Ridge Road and shall-be installed prior to final
ns ection or certificate of occupancy issuance.
(g) Prior to final inspection or Certificate of occupancy, the applicant shall replace trees and
shrubs located on the project site slopes that are destroyed during construction, by the
same species, size and quantity,.
(h) Prior to construction, the applicant shall install temporary construction fencing pursuant to
the building and -Safety Division's requirements along the project perimeter.
(i) Prior to final inspection or the issuance of a Certificate of occupancy, the applicant shall submit to the
City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness
Package." In the event no one has purchased the property, the
receipt shall be submitted before approval of future improvements (i.e.,
hardscape, landscaping, pool/spa, retaining walls, etc.)
Q) The single family residence shall not be utilized in a manner that creates adverse
effects (i.e, significant levels of dust, glare/light, noise, odor, traffic, or other
disturbances) upon the neighborhood and environmental setting. Additionally,
the single family residence shall not result in signif icantly adverse effects on
public services or resources ' No portion of the residence shall be rented, used
for commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The property shall not be used for regular gatherings that result in a
nuisance or create traffic and parking problems in the neighborhood.
(k) Retaining wall shall not exceed an exposed height of 11 feet.
(1) Prior to the issuance of any City permits, the applicant shall submit a retaining wall
detail delineating top of wall, top of footing and finish surfaces and retaining wall
calculations for the City's review and approval.
(m) Grading plan review and approval shall be required if cut/fill quantities are greater
than 50 cubic yards of earthwork. Prior to the issuance of any City permits, the
applicant shall submit a complete grading plan in accordance with the City's
grading requirements for the City's review and approval. The grading plan shall
delineate the following:
(1) Existing and proposed topography;
flow lines;
(3) Cut and fill quantities and earth work calculation; (4) Grading plan
shall be signed/stamped by a civil engineer, -geotechnical engineer, and
geologist, as required; and
(5) All easements.
(n) Fine grade certification shall be required before final inspection or issuance
(o) If applicable, prior to the issuance of any City permits, the applicant shall submit a
soils report for the City's review and approval that incorporates the scope of the
proposed development and appropriate recommendations for the project's
construction.
(p) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan
indicating details and sections for the City's review and approval.
(q) Before the issuance of any City permits, the applicant shall submit an erosion control plan
for the City's review and approval. The erosion control plan shall conform to National
Pollutant Discharge Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's). Additionally, the applicant shall
obtain the necessary NPDES permits.
(r) The applicant shall be responsible for sewer connection and shall ensure connection with
Los Angeles County Department of Public Works and the Sanitation District.
(s) The proposed residence shall comply with the State
Energy Conservation Standards.
(t) Surface water shall drain away from the proposed residence at a two -percent minimum
slope.
(u) The proposed single-family residence is located within "Fire Zone 4" and shall meet all
requirements of said zone.
(1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the
eaves to preclude entry of the flame or members under the fire.
(2) All unenclosed under -floor areas shall be constructed as exterior walls.
(3) All openings into the attic, floor and/or other enclosed areas shall be covered with
corrosionresistant wire mesh not less than 1/4 inch or more than 1/2 inch in
dimension except where such openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch screen.
(v) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code,
Uniform PlumbingCode, Uniform Mechanical Code, and the 1996 National Electrical
Code) requirements.
(w) Construction plans shall be engineered to meet wind in loads of 80 M.P.H. with a "C"
exposure.
(x) Prior to the issuance of any construction permits, the applicant shall submit construction
plans to the Los Angeles County Fire Department for review and approval.
10
(y) The residential structure shall maintain a 7.5 foot setback from the retaining wall proposed
on the north side of the project site.
(z) This grant is valid for two years and shall be exercised (i.e., construction started) within that
period or this grant shall expire. A one-year extension of t4me 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.
(aa) 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 of and agree to accept
all the conditions of this grant. Further, this grant shall not be effective until the
permittee pays remaining City processing fees, school fees and fees for the review of
submitted reports.
(bb) If the Department of Fish and Game determines that Fish and Game Code Section 711.4
applies to the approval of this project, then the applicant shall remit to the City, within
five days of this grant's approval, a cashier's check of $25.00 for a documentary
handling fee in connection with Fish and Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed because the project has more than a
deminimis impact on fish and wildlife, the applicant shall also pay to the Department of
Fish and Game any such fee and any fine which the Department determines to be
owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar
West, LLC, 3480 Torrance- Boulevard, Suite #300, Torrance, CA, 90503.
APPROVED AND ADOPTED THIS 13TH OF FEBRUARY 2001, BY THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR.
BY: Steve Nelson, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting
of the Planning Commission held on the 13th day February 2001, by the following vote:
AYES: Nelson, Zirbes, Kuo, Ruzicka, Tye NOES: None
ABSENT: None ABSTAIN: None ATTEST:
—Jaame ames DeStefano, Secretary
12