HomeMy WebLinkAboutPC 2001-20PLANNING COMMISSION
RESOLUTION NO. 2001-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2001-08 AND MINOR CONDITIONAL USE PERMIT
NO. 2001-06, A REQUEST TO CONSTRUCT A TWO-STORY,
SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 10,365
GROSS SQUARE FEET INCLUDING BALCONIES, PORCH,
COVERED PATIO, AND THREE -CAR GARAGE AND A
GUESTHOUSE OF 956 SQUARE FEET INCLUDING GARAGE.
THE PROJECT SITE IS LOCATED AT 2809 WATER COURSE
DRIVE (LOT 49, TRACT 47850), DIAMOND BAR, CALIFORNIA.
A. Recitals.
1. The property owners, Mr. & Mrs. Shah, and applicant, S&W Development,
have filed an application for Development Review No. 2001-08 and Minor
Conditional Use Permit No. 2001-06, for a property located at 2809 Water
Course Drive, Diamond Bar, Los Angeles County, California, as described
in the title of this Resolution. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. On May 29, 2001, 42 property owners within a 500 -foot radius of the project
site were notified by mail and a notice of public hearing on a display board
was posted at the site and displayed at least 10 days before the public
hearing. On June 1, 2001, notification of the public hearing for this project
k was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Additionally, three other sites were posted within the vicinity of
the application.
3. On June 12, 2001, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application.-
B.
pplication:B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution is consistent with the previously certified Master
Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and
�..�_d 48487 according to the California Environmental Quality Act of 1970'CEQA)
and guidelines promulgated thereunder, pursuant to Section 15162(a) of
Article 11 of the California Code of Regulations. No further environment J
review is necessary. ,.
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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's situs address is 2809 Vista Court, Diamond Bar,
California. It is the vacant Lot 49 of Tract 47850, and part of a 50 -lot
subdivision, with graded buildable pads adjacent to "The Country,
Estates," that was approved June 6, 1995, by the City Council. The
near rectangular shaped lot is a flat pad. There is a sewer easement
and 30 feet utility easement at the front of the lot. The lot is :I
approximately .68 gross acres. The property contains no
protected/preserved trees.
(b) The project site is zoned Single Family Residential -Minimum Lot Size
20,000 Square Feet (R-1-20,000.) Its General Plan Land Use
designation is Rural Residential (RR), Maximum 1 DU/AC.
(c) Generally, the following zones surround the subject site: to the north
and east is R-1-20,000; to the south is H 3avy Agricultural -Minimum
Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single
Family Residence -Minimum Lot Size 9,00(. Square Feet (R-1-9,000).
(d) The application is a request to construct a two-story, single-family
residence of approximately 10,365 gross square feet including,
balconies, porch, covered patio and a three -car and a guesthouse of
956 square feet including the garage.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development are consistent
with the General Plan, development standards of the applicable
district, design guidelines, and architectural criteria for specialized I, ,
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t area (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 6, 1995.
However, Vesting Tentative Tract Map No. 47850 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 land use designation of Rural Residential (Maximum 1 DU/AC)
identified in the adopted General Plan. Additionally, the proposed
project complies with the City's General Plan objectives and strategies
related to maintaining the integrity of residential neighborhoods and
open space, the City's Design Guidelines.
The project is consistent with the Tract Map's Development
Standards. Furthermore, the proposed project is compatible with the
eclectic architectural style and design, materials, and colors of
existing homes within the surrounding area. There is no specific or
additional community planned development for the site.
The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
c� development, and will not create traffic or pedestrian hazards.
Tract Map No. 47850's Master Environmental Impact Report No. 912,
certified by the City, addresses the design and layout of the
neighborhood as well as the flow of pedestrian and vehicular traffic.
The project site is an undeveloped lot within an approved tract
designed for single-family homes.
Watercourse Drive and access roads in the vicinity, Steeplechase
Lane and Crystal Ridge Road, adequately serve the project site.
These private streets are designed to handle minimum traffic created
by residential development. Therefore, the. use of a 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.
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
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The proposed project's architectural style is Mediterranean. The
project's architectural features include portico entry with precast
concrete columns, balconies with precast concrete balustrade at the
front and wrought iron at the rear of the house; ledgestone trim at the
front; and stucco details of comice and window trim for styling. These
features add texture and contrast as does the varying file rooflines.
The proposed materials/colors board was compared with previously
approved boards in the vicinity. The combinations of two-tone beige,
medium and light beige, with white and Laguna Clay colors tie into the
overall streetscape of neutral colors. The selected materials and
colors lallow variation in the overall palette land textures and are
consistent with many homes in Tract 47850 and compatible with the
eclectic architectural style of other homes in neighboring Tract 47851
and "The Country Estates" Therefore, the proposed project is
consistent with and will maintain and enhance the harmonious,
orderly and attractive development contemplated by Chapter 22.48,
the General Plan, City Design Guidelines. There is no applicable
specific plan.
(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. I,
As referenced in Item (g), the colors, materials, and textures proposed
are complimentary to the existing homes within the area while offering
variety and low levels of maintenance. Therefore, 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 aesthefically'appealing.
(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, structural plan check, inspections and soils reports and
Fire Department approvals 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.
Additionally, the terrain of Watercourse Drive is hilly. The subject site
is generally at a lower elevation than its northerly neighbors and is at
higher elevation than the southerly neighbors. By maintaining the
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allowed height requirements, the proposed residential structure allows
view corridors for the neighboring properties. Therefore, the
proposed residence will not be significantly detrimental with respect
to view blockage impact.
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
consistent with the previously certified Master Environmental Impact
Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487
according to the California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder, pursuant to Section 15162(a)
of Article 11 of the California code of Regulation. No further
environmental review is necessary.
MINOR CONDITIONAL USE PERMIT
(k) The proposed use is allowed within the subject -zoning district with the
approval of a Minor Conditional Use Permit and complies with all
other applicable provisions of this Development - Code and the
Municipal Code.
The project site zoned R-1-20, 000 single-family residential allows the
use of a guesthouse. The Application meets the development
standards as set forth in Section 22.42 including number of units, site
requirements, location, design standards, parking, access, utilities,
plumbing and electrical installations, parcel coverage, wet bar
facilities, and size. The proposed structures do not exceed an overall
parcel coverage of 30 percent. The application requests the
construction of an attached 956 square feet guesthouse consisting of
one room with wet bar, bath, and garage.
The granting of the permit will allow ti.9 applicant expansion of the
dwelling at the side of the structure for a courtyard effect and
architectural features, roof, stucco and stone treatments, are
compatible with the design of the main dwelling and surrounding
neighborhood in terms of scale, exterior treatment, height, setbacks
and the landscaping. The guesthouse is not expected to cause
excessive noise, traffic or other disturbances. The intent of the owner
is to use the unit as a hobby room and additional garage.
(1) The proposed use is consistent with the General Plan and any
applicable specific plan.
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The General Plan recognizes guesthouses to provide housing in the
City of Diamond Bar with the review and approval of a Minor
Conditional Use Permit. The project is consistent with the City's�'il',;'
General Plan objectives and strategies; the Development Code and
City Design Guidelines, and any applicable specific plan.
(m) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity.
As stated in Items (k), the proposed guesthouse is consistent with the
surrounding single-family homes. Therefore, the project design,
location, size and operating characteristics are compatible.
(n) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provisions of utilities,
compatibility with aa;oining land uses, and the absence of physical
constraints.
.As stated in items (e), (f), (g), (h), (i), and (k), the main structure and
the guesthouse are suitable for the type and density/intensity of use, .
access, utilities, compatibility with adjoining land uses and the
absence of physical constraints.
(o) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to person, property or improvements in the vicinity
and zoning districts in which the property is located.
City permits, structural, plan check, inspections and soils reports and
Fire Department approvals are required for construction. These will
ensure that the finished project will not be detrimental to the public
health, safety, or w 3lfare, or materially injurious to the properties or
improvements in th. , vicinity.
(p) The proposed proj,.ct 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 Master Environmental impact
Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487
according to the California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder, pursuant to Section 15162(a)
of Article 11 of the California code of Regulation. No further
environmental review is necessary. ;,i,
&_. 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 June 12, 2001, as submitted and approved by the
Planning Commission, and as amended herein.
(b) The subject site shall be maintained in a condition that is free of
debris both during and after the construction, addition, or
implementation of the entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or subsequent to
construction, shall be done only by the property owner, applicant or
by duly permitted waste contractor, who has been authorized by the
City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within
the City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar
to provide such services.
(c) Before construction begins, the applicant shall install temporary
�- construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. The fence shall
remain at the buildable pad to ensure no construction equipment or
debris of any kind is placed within the vegetated area until released
by the Planning Division and the balance shall remain until the
Building Official approves its removal. Sanitation facilities shall be
provided during construction.
PUBLIC WORKS
(d) The Public Works Division shall review retaining -walls. Also, a
grading plan review and approval is required for cut/fill quantities
greater than 50 cubic yards, otherwise a fine grade/drainage plan
shall be filed with the City's Public Works Division. On a grading plan
the following shall be delineated:
(1) Cut and fill quantities and earthwork calculations;
(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
R geologist;
(6) Clearly delineate all easements;
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(7) Erosion Control plans shall be submitted and measures be in
place for grading started after September 15, through April 15;
(8) All trucks hauling dirt, sand, soil or other loose materials are to
be covered and should maintain at least two feet of freeboard
(i.e., minimum vertical distance between top of the load and
the top of the trailer).;
(9) Streets are to remain free of debris and cleaned daily as
necessary;
(10) A grading bond may be required;
(11) All grading is subject to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
Best Management Practices (BMP's). Additionally, the
applicant shall obtain any necessary NPDES permits.
(12) Retaining walls shall not be constructed of wood or wood
products;
(13) Retaining walls shall :be required to be ornamental by using
stucco or decorative block;
(14) Engineered calculations shall be submitted with retaining walls;
(15) 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.
(e) A fine grade certification shall be required before building final.
(f) 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.
(g) Driveway;slope shall be shown on plans.
BUILDING AND SAFETY
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(h) The single-family structure shall meet the 1998 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
(i) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(j) The single-family structure is located in "Fire Zone 4" and shall meet
the following requirements of that fire zone: a
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PLANNING
(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 '/a inch nor more
than 1/2 inch in any dimension except where such openings are
equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum %2 inch
screen.
(k) This single-family structure shall meet the State Energy Conservation
Standards.
(1) A height survey may be required at completion of framing by the
Building and Safety Division.
(m) All bedrooms shall have at least one window that meets egress
requirements.
(n) Balcony shall be designed for 40 lbs. Live load. Handrails/guardrails
shall be designed for 200 lbs. Load applied latterly at top of rail.
(o) Smoke detectors shall be provided in all sleeping rooms.
(p) Building setback from any slope (top or toe) shall meet the
requirements of Section 18 of the 1997 Uniform Building Code.
(q) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and �- pproval.
(r) Before the issup,,ice of city permits, the owner shall submit to the city
verification that a "Buyers' Awareness Package" was received from
the land developer.
(s) Applicant shall make application to the Walnut Valley Water District
as necessary, and submit their approval to the Planning Division prior
to the issuance of building permits.
(t) Sixty days prior to final inspection or issuance of a Certificate of
Occupancy, the applicant shall be required to submit a
landscape/irrigation plan for the City's review and approval. The plan
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shall reflect the guidelines set forth by Tract 47850 and delineate the
type of planting materials color, size, quantity and location.
Landscape and irrigation shall be installed within six 6 months of the
project's final inspection or Certificate of Occupancy's issuance.
(u) The applicant shall redesigned the front walkway either within the pad
elevation without a retaining wall structure or so that the entire
structure from finish grade to top of balustrade shall not exceed a
maximum height of 42 inches.
(v) The guesthouse shall not contain a kitchen or other cooking facilities
(i.e., cooking stove with/without an oven, hot plates, kitchen sink,
cabinets and appurtenant plumbing, microwave/convection ovens,
and all appurtenance related to these).
(w) Applicant shall submit a detailed driveway design including pattern,
color, and landscaping for Planning Division review and approval.
(x) Applicant shall comply with Planning and Zoning; Building and Safety
Division; and Public Works Division; and the application shall be
approved by the Fire Department.
(y) 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
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.
(z) 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.
(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, " F
their affidavit stating that they are aware and agree to accept all the
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conditions of this grant. Further, this grant shall not be effective until
the permittee pays remaining City processing fees.
(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 Rw!olution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to owners, Mr. & Mrs. Shah, 401 New Jersey Lane, Placentia, CA
92870, and applicant, S&W Development, 20272 Carrey Road,
Walnut, CA 91789.
APPROVED AND ADOPTED THIS THE 12th DAY OF JUNE 2001, BY THE
! PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:-
Bob Zirbes, 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 or, the 12th day of June, 2001, by the
following vote:
AYES: Kuo, Nelson, WC Ruzicak, C!,air Zirbes
NOES:
ABSENT: Tye
ABSTAIN:
ATTEST:
., J es DeStefp.no, Secretary
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2001-08 AND MINOR CONDITIONAL USE PERMIT NO. 2001-
06, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-
FAMILY RESIDENCE OF APPROXIMATELY 10,365 GROSS
SQUARE FEET INCLUDING BALCONIES, PORCH, COVERED
PATIO, AND THREE -CAR GARAGE AND A GUESTHOUSE OF
956 SQUARE FEET INCLUDING GARAGE. THE PROJECT SITE
IS LOCATED AT 2809 WATER COURSE DRIVE (LOT 49, TRACT
A. Recitals.
1 The property owners, Mr. & Mrs. Shah, and applicant, S&W Development, have
filed an application for Development Review No. 2001-08 and Minor
Conditional Use Permit No. 2001-06, for a property located at 2809 Water
Course Drive, Diamond Bar, Los Angeles County, California, as described
in the title of this Resolution. Hereinafter in this Resolution, the subject
Development Review shall be referred to as the "Application."
2. On May 29, 2001, 42 property owners within a 500 -foot radius of the project
site were notified by mail and a notice of public hearing on a display board
was posted at the site and displayed at least 10 days before the public
hearing. On June 1, 2001, notification of the public hearing for this project
was made in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers. Additionally, three other sites were posted within the
On June 12, 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:
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 consistent with the previously certified Master
Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and
48487 according to the California Environmental Quality Act of 1970
and guidelines promulgated thereunder, pursuant to Section
15162(a) of Article 11 of the California Code of Regulations. No
3. The Planning 'Com mission 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
4. Based upon the findings and conclusions set fk,.)rth herein, this
(a) The project's situs address is 2809 Vista Court, Diamond Bar,
California. It is the vacant Lot 49 of Tract 47850, and part of a
50 -lot subdivision, with graded buildable pads adjacent to "The
Country, Estates," that was approved June 6, 1995, by the City
Council. The near rectangular shaped lot is a flat pad. There is
a sewer easement and 30 feet utility easement at the front of
the lot. The lot is approximately .68 gross acres. The property
(b) The project site is zoned Single Family Residential -Minimum Lot
Size 20,000 Square Feet (R-1-20,000.) Its General Plan Land
(c) Generally, the following zones surround the subject site: to the
north and east is R-1-20,000; to the south is Kiavy Agricultural-
Minitnum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000
(d) The application is a request to construct a two-story, single-family
residence of approximately 10,365 gross square feet
including, balconies, porch, covered patio and a three -car and
DEVELOPMENT
(e) The design and layout of the proposed development are
consistent with the General Plan, development standards of
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area (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 6, 1995.
However, Vesting Tentative Tract Map No. 47850 was designed at 25
percent below the maximum allowable density and has an overall
averaae densitv of 1.49 dwelling units per acre which complies with
the lard use d6griation of Rural Residential (Maximum 1 DUTAC)
identified in the adopted General Plan. Additionally, the proposed
project complies with the City's General Plan objectives and
strategies related to maintaining the integrity of residential
neighborhoods and open space, the City's Design Guidelines.
The project is consistent with the Tract Map's Development
Standards. Furthermore, the proposed project is compatible with the
eclectic architectural style and design, materials, and colors of
existing homes within the surrounding area. There is no specific or
additional community planned development for the site.
The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future development, and
Tract Map No. 47850's Master Environmental Impact
Repoli 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. The project site is an
Watercourse Drive and access roads in the vicinity,
Steeplechase Lane and Crystal Ridge Road, adequately
serve the project site. These private streets are designed
to handle minimum traffic created by residential
development. Therefore, the, use of a single-family
residence will not interfere with the use and enjoyment of
(g) The architectural design of the proposed development is
compatible with the characteristics of the surrounding
neighborhood and will maintain and enhance the harmonious,
orderly and attractive development contemplated by Chapter
22.48, the General Plan, City Design Guidelines, or any
The proposed project's architectural style is
Mediterranean. The project's architectural features include
portico entry with precast concrete columns; balconies
with precast concrete balustrade at the front and wrought
iron at the rear of the house; ledgestone trim at the front,
The proposed materials1colors board was compared with
previously approved boards in the vicinity. The
combinations of two-tone beige, medium and light beige,
with white and Laguna Clay colors tie into the overall
streetscape of neutral colors. The selected materials and
colors allow variation in the overall palette land textures
and are consistent with many homes in Tract 47850
andicompatible with the eclectic architectural style of
other homes in neighboring Tract 47851 and "The Country
Estates" Therefore the proposed project is consistent with
and will maintain and'enhance the harmonious, orderly
(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
As referenced in Item (g), the colors, materials, and
textures proposed are complimentary to the existing
homes within the area while offering variety and low levels
of maintenance. Therefore, the proposed project will
provide a desirable environment for its occupants and
(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
City permits, structural plan check, inspections and soils
reports and Fire Department approvals are required for
construction. These, will ensure tha t the finished project
will not be detrimental to the public health, safety, or
Additionally, the terrain of Watercourse Drive is hilly. The
subject site is generally at a lower elevation than its
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allowed height requirements, the proposed residential
structure allows view corridors for the neighboring
properties. Th e re fo re, th a proposed residence will not
The proposed project has been reviewed in compliance
The environmental evaluation shows that the proposed
project is consistent with the previously certified Master
Environmental Impact Report No. 91-2 for Tract Map Nos.
47850, 47851 and 48487 according to the California
Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15162(a) of
MINOR CONDITIONAL USE
(k) The proposed use is allowed within the subject -zoning
district with the approval of a Minor Conditional Use
Permit and complies with all other applicable provisions
The project site zoned R- 1-20,000 single-family residential
allows the use of a guesthouse. The Application meets the
development standards as set forth in Section 22.42
including number of units, site requirements, location,
design standards, parking, access, utilities, plumbing and
electrical installations, parcel coverage, wet bar facilities,
and size. The proposed structures do not exceed an
overall parcel coverage of 30 percent. The application
The granting of the permit will allow ti.,9 applicant
expansion of the dwelling at the side of the structure for a
courtyard effect and architectural features, roof, stucco
and stone treatments, are compatible with the design of
the main dwelling and surrounding neighborhood in terms
of scale, exterior treatment, height, setbacks and the
landscaping. The guesthouse is not expected to cause'
(1) The proposed use is consistent with the General Plan and
The General Plan recognizes guesthouses to provide housing in the
City of Diamond Bar with the review and approval of a Minor
Conditional Use Permit. The project is consistent with the City's
General Plan objectives and strategies, the Development Code and
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 (k), the proposed guesthouse is
consistent with the surrounding single-family homes.
(n) The subject site is physically suitable for the type and
density/intensity of use being proposed including access,
provisions of utilities, compatibility with ao.roining land
As stated in Items (e), (f), (g), (h), (i), and (k), the main
structure and the guesthouse are suitable for the type and
densitylintensity of use, access, utilities, compatibility with
(o) Granting the Minor Conditional Use Permit will not be
detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to person,
City permits, structural plan check, inspections and soils
reports and Fire Department approvals are required for
construction. These -will ensure'that the finished project
will not be detrimental to the public health, safety, or W
(p) The proposed proj,.1-1t has been reviewed in compliance
The environmental evaluation shows that the proposed
project is consistent with the previously certified Master
Environmental Impact Report No. 91-2 for Tract Map Nos.
47850, 47851 and 48487 according to the California
Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15162(a) of
0
5. Based upon the findings and conclusion set forth above, the
Planning Commission hereby approves this Application subject
PUBLIC
(a) The project shall substantially conform to site plan, floor
plans, elevations, and materials/colors board collectively
labeled as Exhibit "A" dated June 12, 2001, as submitted
(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
(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. The fence shall remain at the buildable pad to
ensure no construction equipment or debris of any kind is
placed within the vegetated area until released by the
Planning Division and the balance shall remain until the
(d) The Public Works Division shall review retaining walls. Also,
a grading plan review and approval is required for cut/fill
quantities greater than 50 cubic yards, otherwise a fine
grade/drainage plan shall be filed with the City's Public
(1 Cut and fill quantities and earthwork calculations;
All flow lines, finished surfaces, and finished
(2 grades; Proper drainage with detailed sketches;
Proposed and existing grades;
(3 Sign/stamped by a civil engineer, geotechnical
engineer and geologist;
(4 Clearly delineate all easements;
7
(7)
e submitted and measures be in
lace for grading started after September 15, through April 15;
8
All trucks hauling dirt, sand, soil or other loose materials are to
be covered and should maintain at least two feet of freeboar
i.e., minimum vertical distance between top of the load an
the top of the trailer),
9
Streets are to remain free of debris and cleaned daily a
necessary;
10
A grading bond may be required,
11
All grading is subject to National Pollutant Dischar
Elimination System NPDES standards and incorporate the
Best Management Practices BMP's . Additionally, the
applicant shall obtain any necessary NPDES permits. ,
12
Retaining walls shall not be constructed of wood or wood
products-,
13
Retaining walls shall -be required to be ornamental by usin
stucco or decorative block; i
(14)Engineered calculations shall be submitted with retaining walls;
15
Indicate retaining wall locations on gradingplan with standard
detail and delineate:
a Top of wall;
b Top of footing;
c Finish Surface;
d Structural calculations; an
e Retaining walls exposed height shall not exceed
six feet.
(e) A fine grade certification shall be required before building final.
(f) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
(g) Driveway,lslope shall be shown on plans.
BUILDING AND SAFETY
(h) The single-family structure shall meet the 1998 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
(i) The minimum design wind pressure shall be 80 miles per hour and "C
(j) The single-family structure is located in "Fire Zone 4" and shall meet the
-1 rM 71,
(1) All roof covering shall be "Fire Retardant, Class A"; tile
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;
(k) This single-family structure shall meet the State Energy
(1) A height survey may be required at completion of framing by the
(m) All bedrooms shall have at least one window that meets egress
requirements. V (n) Balcony shall be designed for 40 lbs. Live
load. Hand rails/g uardrails
rail. L
shall be designed for 200 lbs. Load applied latterly at top of
(o) Smoke detectors shall be provided in
(p) Building setback from any slope (top or toe) shall meet the
requirements of Section 18 of the 1997 Uniform Building Code.
(q) Prior to the issuance of any construction permits, the applicant
shall submit construction plans to the Los Angeles County Fire
Department for review and ;—Ipproval.
PLANNING (r) Before the issup-ice of city permits, the owner shall submit to the
city verification that a "Buyers' Awareness Package" was received
from the land developer.
(s) Applicant shall make application to the Walnut Valley Water
District as necessary, and submit their approval to the
Planning Division prior to the issuance of building permits.
(t) Sixty days prior to final inspection or issuance of a Certificate of
Occupancy, the applicant shall be required to submit a
9
shall reflect the guidelines set forth by Tract 47850 and
delineate the type of planting materials color, size, quantity and
location. Landscape and irrigation shall be installed, within six
(u) The applicant shall redesigned the front walkway either within the
pad elevation without a retaining wall structure or so that the
entire structure from finish grade to top of balustrade shall not
exceed a maximum height of 42 inches.
(v) The guesthouse shall not contain a kitchen or other cooking
facilities (i.e., cooking stove with/without an oven, hot plates,
kitchen sink, cabinets and appurtenant plumbing,
(w) Applicant shall submit a detailed driveway design including
(x) Applicant shall comply with Planning and Zoning; Building and
Safety Division; and Public Works Division; and the
(y) 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
commercial/institutional purposes, or otherwise used as a
separate dwelling. The property shall not be used for regular
(z) 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
(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
conditions of this grant. Further, this grant shall not be effective until the
permittee pays remaining City processing fees.
(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
The Planning Commission
(a) Certify to the adoption of this ReF!olution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified
mail to owners, Mr. & Mrs. Shah, 401 New Jersey Lane,
Placentia, CA 92870, and applicant, S&W Development,
APPROVED AND ADOPTED THIS THE 12th DAY OF JUNE 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: Bob Zirbes, Chairman
1, 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 or the 12th day of June,
AYES: Kuo, Nelson, WC Ruzicak, C!,air Zirbes
NOES:
ABSENT: Tye ABSTAIN:
ATTEST: Pes De'St