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HomeMy WebLinkAboutPC 2001-30PLANNING COMMISSION RESOLUTION NO. 2001-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR CONDITIONALLY APPROVING VARIANCE NO. 2001-06 AND A CATEGORICAL EXEMPTION FOR A REQUEST TO CONSTRUCT A WROUGHT IRON AND PILASTER FENCE, ENTRY GATES AND MASONRY WALLS WITHIN THE FRONT SETBACK OF A SINGLE FAMILY RESIDENCE. THE PROJECT SITE IS LOCATED AT 2859 WATERCOURSE DRIVE, DIAMOND BAR, CALIFORNIA. WHEREAS: The applicant, Rodney Tapp, acting as the agent for property owners Ming Ching Liu and Yang Cheung, has filed an application for Variance No. 2001-06 for a property located at 2859 Watercourse Drive, Diamond Bar, California. The applicant has requested relief of the City's development regulations concerning the height of fencing located within the required front yard setback; and WHEREAS: Notice of the public hearing has been posted, published and mailed in a manner prescribed by the Diamond Bar Development Code; and WHEREAS: On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the item to September 11, 2001. On September 11, 2001, due to lack of quorum the Planning Commission of the City of Diamond Bar continued the public hearing to September 25, 2001, and concluded the public hearing on September 25, 2001. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct. SECTION B. The Planning Commission hereby finds that the proposed project is Categorical Exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Section 15303 (e) of the CEQA Guidelines. The exemption documents have been prepared in accordance with the provisions of CEQA and local guidelines. Furthermore, the Categorical Exemption reflects the independent judgment of the City. SECTION C. The Planning Commission declares that the information in the Staff Report and the testimony given at the public hearings are incorporated in this resolution and comprise the basis upon which the findings have been made. SECTION D. The Planning Commission hereby finds the proposed project is generally described as follows: 1. The project site is a 65,011 square foot parcel of land located at 2859 Watercourse Drive. 2. The proposed project includes the construction of approximately 292 linear feet of five-foot high wrought iron fencing with six-foot high masonry pilasters, and a 60 -foot wide formal vehicular entry statement consisting of eight to ten foot high masonry walls. A twenty -foot wide, nine and one-half foot high wrought iron vehicular entry gate is shown on the submitted plans. The proposed fencing and entry statement is located within the required 30 -foot wide front yard setback area. 3. The project site has a General Plan land use designation of RR (Rural Residential). 4. The project site is zoned R-1-20,000. SECTION E. The Planning Commission finds: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; The subject property is substantially larger than the surrounding parcels of land. However, existing slopes have reduced the effective building pad area upon which the owner is in the process of constructing a two-story 20,000 square foot single-family dwelling unit. The structure has been turned on the building pad and it is not perpendicular to the surrounding property lines. The front of the dwelling contains a Porte-cochere and circular driveway. To Install the proposed security fencing behind the required 30 -foot wide setback would impact the existing driveway and parking areas. 2. 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 district and denied to the property owner for which the Variance is sought; 2 The proposed project as modified is a site development amenity that exists on a number of surrounding residential properties of similar size, zoning, and configuration. The site topography, configuration and the location of the dwelling unit severely limits the applicant's ability to locate the proposed fencing behind or at the prescribed front yard setback. Without the requested relief, the proposed fence would obstruct the functionality of the approved driveway and parking amenities. 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed project improvements are contained within the confines of the property and are considered minor in nature. As such, the improvements will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 5. The proposed entitlement has been reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA). SECTION F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 1. The project shall substantially conform to the submitted plans presented to the Planning Commission, and as such plans are amended herein. 2. The maximum height of the fence and its components shall conform with the following: the wrought iron fencing shall not exceed a maximum height of five -feet; the proposed masonry pilasters shall not exceed a height of six - feet; the masonry entry element and associated vehicular wrought iron grates shall not exceed a height of eight -feet. All measurements shall be made from the adjacent finished grade. 3. The vehicular access gates shall be set back 20 feet from the edge of the private roadbed in order to insure that a vehicle can be parked between the vehicular access gates and the private roadbed. 4. Construction plans, inclusive of design details and final elevations shall be submitted to the Planning Division, and are subject to approval by the Deputy City Manager prior to acceptance for building department plan check. 3 5. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 6. Construction activity shall be limited to the times prescribed by the City's Development Code. 7. Construction Plans shall conform to State and Local Building Codes (i.e., 1998 editions of the Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. 8. This entitlement is valid for one year and must be exercised (i.e., construction started) within that period or this entitlement shall automatically expire. A six-month extension may be requested in writing and submitted to the City 30 days prior to the expiration date. -- 9. 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, 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 applicable City processing fees, school fees and other associated fees for the review of submitted reports. 10. All requirements of the Development Code and the underlying zone district shall be complied with unless modified by this entitlement. SECTION G. The Planning Commission shall: 1. Certify to the adoption of this Resolution; and 2. Forthwith transmit a certified copy of this Resolution to the applicant, Rodney Tapp at 351 S. Thomas Street, Pomona, CA 91766, and property owners, Ming Ching Liu and Yang Cheung at 2859 Water Course Drive, Diamond Bar, CA 91765. 4 u 1 APPROVED AND ADOPTED THIS 25th OF SEPTEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. C _ Bob Zirbes, 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 25th Day of September 2001, by the following vote: ATTEST: AYES: Commissioners: Kuo, Tye, WC Ruzicka, Chair Zirbes NOES: ABSENT: Commissioner Nelson 5 PLANNING COMMISSION RESOLUTION NO. 2001-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR CONDITIONALLY APPROVING VARIANCE NO. 2001- 06 AND A CATEGORICAL EXEMPTION FOR A REQUEST TO CONSTRUCT A WROUGHT IRON AND PILASTER FENCE, ENTRY GATES AND MASONRY WALLS WITHIN THE FRONT SETBACK OF A SINGLE FAMILY RESIDENCE. THE PROJECT SITE IS LOCATED AT 2859 WATERCOURSE DRIVE, DIAMOND BAR, CALIFORNIA. WHEREAS: The applicant, Rodney Tapp, acting as the agent for property owners Ming Ching Liu and Yang Cheung, has filed an application for Variance No. 2001-06 for a property located at 2859 Watercourse Drive, Diamond Bar, California. The applicant has requested relief of the City's development regulations concerning the height of fencing located within the required front yard setback; and WHEREAS: Notice of the public hearing has been posted, published and mailed in a manner prescribed by the Diamond Bar Development Code; and WHEREAS: On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the item to September 11, 2001. On September 11, 2001, due to lack of quorum the Planning Commission of the City of Diamond Bar continued the public hearing to September 25, 2001, and concluded the public hearing on September 25, 2001. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE, FIND AND DETERMINE AS FOLLOWS: SECTION A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals of this Resolution are true and correct. SECTION B. The Planning Commission hereby finds that the proposed project is Categorical Exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with Section 15303 (e) of the CEQA Guidelines. The exemption documents have been prepared in accordance with the provisions of CEQA and local guidelines. Furthermore, the Categorical Exemption reflects the independent judgment of the City. SECTION C. The Planning Commission declares that the information in the Staff Report and the testimony given at the public hearings are incorporated in this resolution and comprise the basis upon which the findings have been made. SECTION D. The Planning Commission hereby finds the proposed project is generally described as follows: 1. The project site is a 65,011 square foot parcel of land located at 2859 Watercourse Drive. 2. The proposed project includes the construction of approximately 292 linear feet of five-foot high wrought iron fencing with six-foot high masonry pilasters, and a 60 -foot wide formal vehicular entry statement consisting of eight to ten foot high masonry walls. A twenty -foot wide, nine and one- half foot high wrought iron vehicular entry gate is shown on the submitted plans. The proposed fencing and entry statement is located within the required 30 -foot wide front yard setback area. 3. The project site has a General Plan land use designation of RR (Rural Residential). 4. The project site is zoned R-1-20,000. SECTION E. The Planning Commission finds: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; The subject property is substantially larger than the surrounding parcels of land. However, existing slopes have reduced the effective building pad area upon which the owner is in the process of constructing a two-story 20,000 square foot single-family dwelling unit. The structure has been turned on the building pad and it is not perpendicular to the surrounding property lines. The front of the dwelling contains a Porte-cochere and circular driveway. To Install the proposed security fencing behind the required 30 -foot wide setback would impact the existing driveway and parking areas. 2. 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 district and denied to the property owner for which the Variance is sought; RAI The proposed project as modified is a site development amenity that exists on a number of surrounding residential properties of similar size, zoning, and configuration. The site topography, configuration and the location of the dwelling unit severely limits the applicant's ability to locate the proposed fencing behind or at the prescribed front yard setback. Without the requested relief, the proposed fence would obstruct the functionality of the approved driveway and parking amenities. 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed project improvements are contained within the confines of the property and are considered minor in nature. As such, the improvements will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 5. The proposed entitlement has been reviewed for compliance with the provisions of the California Environmental Quality Act (CEQA). SECTION F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 1. The project shall substantially conform to the submitted plans presented to the Planning Commission, and as such plans are amended herein. 2. The maximum height of the fence and its components shall conform with the following: the wrought iron fencing shall not exceed a maximum height of five -feet; the proposed masonry pilasters shall not exceed a height of sixfeet; the masonry entry element and associated vehicular wrought iron grates shall not exceed a height of eight -feet. All measurements shall be made from the adjacent finished grade. 3. The vehicular access gates shall be set back 20 feet from the edge of the private roadbed in order to insure that a vehicle can be parked between the vehicular access gates and the private roadbed. 4. Construction plans, inclusive of design details and final elevations shall be submitted to the Planning Division, and are subject to approval by the Deputy City Manager prior to acceptance for building department plan check. 5. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 6. Construction activity shall be limited to the times prescribed by the City's Development Code. 7. Construction Plans shall conform to State and Local Building Codes (i.e., 1998 editions of the Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. 8. This entitlement is valid for one year and must be exercised (i.e., construction started) within that period or this entitlement shall automatically expire. A six-month extension may be requested in writing and submitted to the City 30 days prior to the expiration date. -- 9. 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, 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 applicable City processing fees, school fees and other associated fees for the review of submitted reports. 10. All requirements of the Development Code and the underlying zone district shall be complied with unless modified by this entitlement. SECTION G. The Planning Commission shall: 1. Certify to the adoption of this Resolution; and 2. Forthwith transmit a certified copy of this Resolution to the applicant, Rodney Tapp at 351 S. Thomas Street, Pomona, CA 91766, and property owners, Ming Ching Liu and Yang Cheung at 2859 Water Course Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 25th OF SEPTEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, 1 BY: _ Bob Zirbes, 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 25th Day of September 2001, by the following vote: ATTEST 1 1 AYES: Commissioners: Kuo, Tye, WC Ruzicka, Chair Zirbes NOES: ABSENT: Commissioner Nelson 5