HomeMy WebLinkAboutPC 2001-391
1
A.
B.
PLANNING COMMISSION
RESOLUTION NO. 2001- 39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-20, A
REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH A BASEMENT, TWO, TWO CAR GARAGES AND
BALCONIES/PATIOS TOTALING TO APPROXIMATELY 11,410 SQUARE
FEET. ADDITIONALLY, THIS REQUEST INCLUDES A REAR/SIDE AND
FRONT YARD RETAINING WALLS NOT' TO EXCEED A SIX FOOT
EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT
22883 CANYON VIEW DRIVE (LOT 4, TRACT NO. 51169), DIAMOND
BAR, CALIFORNIA.
RECITALS.
The property owner, Great Aim Enterprises and applicant, Jerry Yeh of Horizon
Pacific, have filed an application for Development Rev'ew No. 2001-20 for a
property located at 22883 Canyon View Drive, Diamond B r, Los Angeles County,
California. Hereinafter in this Resolution, the subject Dex elopment Review shall
be referred to as the "Application."
2. On November 28, 2001, public hearing notices were mail
property owners of record within a 500 -foot radius
November 30, 2001, notification of the public hearing for tI
in the San Gabriel Valley Tribune and Inland Valley Daily 8
November 29, 2001, the public hearing notice was poste
within the City of Diamond Bar. On November 29, 200
posted with the required public notice display board.
3. On December 11, 2001, the Planning Commission of
conducted and concluded a duly noticed public hearing
RESOLUTION.
.d to approximately 26
of the project. On
is project was provided
illetin newspapers. On
in three public places
, the project site was
City of Diamond Bar
the Application.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of
the City of Diamond Bar as follows:
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 pursuant to the provisions of the
California Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of the
California Code of Regulations and guidelines promulgated thereunder, the City
has determined that this project is consistent with the previously certified to
Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore,
further environmental review is not required.
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 finds as follows:
(a) The project relates to a 13 -lot subdivision approved by the City Council in
November 1994. The project site is an irregular shaped vacant lot within a
gated community identified as "The Country Estates." It is approximately
69,750 gross square feet with a buildable pad area of approximately 19,603
square feet. According to Tract Map No. 51169, the project site contains
an easement for slope and drainage maintenance purposes in the front,
side and rear portions of the project site. The slope drainage easement is
currently maintained with minimal native vegetation. Also, within the front
portion of the site adjacent to Canyon View Drive are easements for
access, sanitary sewer, public- utility and public services.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum One Dwelling Units per Acre.
(c) The project site is within the Single Family Residence -Minimum Lot Size
20,000 Square Feet (R-1-20,000) Zone.
(d) Generally, the following zones surround the project site: to the north and
west is the R-1-20,000 Zone; and to the south and east is the R-1-20,000
and Heavy Agricultural (A-2-2) Zones.
(e) The Application request is to construct a two-story single-family residence
with a basement, two 2 -car garages and balconies/patios totaling to
approximately 11,410 square feet. The request also includes retaining
walls within the rear/side and front yards with a maximum exposed height of
six feet.
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
2
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The proposed project complies with the elements of the adopted General
Plan,- dated July 25, 1995, and the land use designation of Rural
Residential. The proposed project complies with the City's General Plan
objectives and strategies relating to maintaining the integrity of residential
neighborhood. The proposed design and layout is compatible with the
eclectic architectural style, design, and materials/colors of existing homes
within Tract No. 51169, as well as the "The Country Estates". Additionally,
the applicant has obtained "The Country Estates" architecture committee
approval to ensure compatibility.
(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.
The project site will include a single-family residence, which is similar in
design and layout of surrounding single-family residence. !tis not expected
to reasonably interfere with the use and enjoyment of neighboring existing
or future development and will not create traffic or pedestrian hazards.
Blaze Trail, Horizon Lane and Canyon View Drive adequately serve the
project site and Tract No. 51169, which contains private streets designed to
handle minimum traffic created by this type of development. Furthermore,
the Environmental Impact Report (EIR) for Tract Map No. 51169 addressed
the issue of this project and Tracts development affect on traffic and
circulation. The EIR was certified, thereby, determining that the tract would
not create traffic or pedestrian hazards.
Staff has reviewed the floor plan and specifically noted the number of
bedrooms with adjacent bathrooms in relationship to the number of parking
spaces provided in the garages. Staff believes the parking provided in
relationship to the number of bedrooms is adequate for the purposed
project.
(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.
Proposed prominent architectural features of the proposed residence
include the styling and arrangement of the windows and, the varying planes
utilized on each elevation. Prominent architectural features extend to all
sides of the proposed residential structure. The proposed materials/colors
' board was compared to boards previously approved for homes on Canyon
View Drive. The comparison indicates that each lot's color scheme is
somewhat similar due to the fact that earth tones are being utilized
3
However, considering the variation in earth tones colors, differences in roof
materials/stone accent and variations in architectural styles between the
proposed residence and existing residences located on Canyon View Drive,
the project will provide a desirable environment with good aesthetic use of
materials, textures and colors that will remain aesthetically appealing while
offering variety. 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 Tract Map
No. 51169s 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 forits 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);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15162(a) of Article 11 of the California Code of
Regulations and guidelines promulgated thereunder, the City has
determined that this project is consistent with the previously certified
Environmental Impact Report No. 92-02 for Tract Map No. 51169.
Therefore, further environmental review is not required.
id
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, preliminary grading
plan,- floor plan, elevations, sections, landscape/irrigation plan and
colors/materials board collectively labeled as Exhibit "A" dated
December 11, 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) Prior to the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan. Said plans shall include plant materials and
hydroseeding that shall be located on Lot 4's slope drainage easement
according to the approved Mitigation Monitoring Landscape Plan. Said
plans shall delineate the location of plant material that cannot be located on
Lot 4, and can be located elsewhere within the mitigation area of Tract Map
No. 51169. All proposed landscaping and irrigation shall be installed prior
to final inspection or Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the building and Safety Division's requirements along
the project perimeter.
(e) 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, then the receipt shall be
submitted before approval of future improvements (i.e., hardscape,
landscaping, pool/spa, retaining walls, etc.)
(f) 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.
5
(g) Side/rear and front yard retaining walls shall not exceed an exposed height
of six feet. _-
(h) Residential structure shall not exceed 35 feet in height from the natural or
finished grade.
(i) Wet bars shall not contain any kitchen cooking equipment and shall not be
utilized as kitchens.
(j) 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.
(k) Grading plan review and approval shall be required if cuttfill 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.
(1) Fine grade certification shall be required before final inspection or issuance
Certificate of Occupancy.
(m) 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.
(n) 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.
(o) 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. ^'
2
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(p) The applicant shall be responsible for sewer connection and shall ensure
connection with Los Angeles County Department of Public Works and the
Sanitation District.
(q) The proposed residence shall comply with the State Energy Conservation
Standards.
(r) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(s) 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 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.
(t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the
1998 National Electrical Code) requirements.
(u) Construction plans shall be engineered to meet wind loads of 80 M.P.H.
with a "C" exposure.
(v) 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.
(w) Building setback from top of slope shall meet Section 18 of the 1998
California Building Code. Building setback h/3 shall be required at the front
yard top of slope.
(x) 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.
(y) 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
7
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.
(z) 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:
Great Aim Enterprises, 430 S. Garfield, #328, Alhambra, CA 91801, Jerry
Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, #202. Diamond Bar,
CA, 91765.
APPROVED AND ADOPTED THIS 11 TH DAY OF DECEMBER 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
M
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 11th day
December 2001, by the following vote:
AYES: Kuo, Tye, VC/Ruzicka, C/Nelson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
es DeSt fano, Secretary
PLANNING COMMISSION
RESOLUTION NO. 2001- 39
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-20, A
REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH A BASEMENT, TWO, TWO CAR GARAGES AND
BALCONIES/PATIOS TOTALING TO APPROXIMATELY 11;410 SQUARE
FEET. ADDITIONALLY, THIS REQUEST INCLUDES A REAR/SIDE AND
FRONT YARD RETAINING WALLS NOT TO EXCEED A SIX FOOT
EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT
22883 CANYON VIEW DRIVE (LOT 4, TRACT NO. 51169), DIAMOND
BAR, CALIFORNIA.
A. RECITALS.
The property owner, Great Aim Enterprises and applicant, Jerry Yeh of Horizon
Pacific, have filed an application for Development Review No. 2001-20 for a
property located at 22883 Canyon View Drive, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review shall
be referred to as the "Application."
2. On November 28, 2001, public hearing notices were mailed to approximately 26
property owners of record within a 500 -foot radius of the project. On
November 30, 2001, notification of the public hearing for this project was provided
in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On
November 29, 2001, the public hearing notice was posted in three public places
within the City of Diamond Bar. On November 29, 2001, the project site was
posted with the required public notice display board.
3. On December 11, 2001, the Planning Commission of the City of Diamond Bar
conducted and concluded 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. 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 pursuant to the provisions of the
California Environmental Quality Act (CEQA), Section -15162(a) of Article 11 of the
California Code of Regulations and guidelines promulgated thereunder, the City
has determined that this project is consistent with the previously certified to
Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore,
further environmental review is not required.
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 finds as follows:
(a) The project relates to a 13 -lot subdivision approved by the City Council in
November 1994. The project site is an irregular shaped vacant lot within a
gated community identified as "The Country Estates." It is approximately
69,750 gross square feet with a buildable pad area of approximately 19,603
square feet. According to Tract Map No. 51169, the project site contains
an easement for slope and drainage maintenance purposes in the front,
side and rear portions of the project site. The slope drainage easement is
currently maintained with minimal native vegetation. Also, within the front
portion of the site adjacent to Canyon View Drive are easements for
access, sanitary sewer, public utility and public services.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum One Dwelling Units per Acre.
(c) The project site is within the Single Family Residence -Minimum Lot Size
20,000 Square Feet (R-1-20,000) Zone.
(d) Generally, the following zones surround the project site: to the north and
west is the R-1-20,000 Zone; and to the south and east is the R-1-20,000
and Heavy Agricultural (A-2-2) Zones.
(e) The Application request is to construct a two-story single-family residence
with a basement, two 2 -car garages and balconies/patios totaling to
approximately 11,410 square feet. The request also includes retaining
walls within the rear/side and front yards with a maximum exposed height of
six feet.
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
2
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The proposed project complies with the elements of the adopted General
Plan; dated July 25, 1995, and the land use designation of Rural
Residential. The proposed project complies with the City's General Plan
objectives and strategies relating to maintaining the integrity of residential
neighborhood. The proposed design and layout is compatible with the
eclectic architectural style, design, and materials/colors of existing homes
within Tract No. 51169, as well as the "The Country Estates". Additionally,
the applicant has obtained "The Country Estates" architecture committee
approval to ensure compatibility.
(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.
The project site will include a single-family residence, which is similar in
design and layout of surrounding single-family residence. It is not expected
to reasonably interfere with the use and enjoyment of neighboring existing
or future development and will not create traffic or pedestrian hazards.
Blaze Trail, Horizon Lane and Canyon View Drive adequately serve the
project site and Tract No. 51169, which contains private streets designed to
handle minimum traffic created by this type of development. Furthermore,
the Environmental Impact Report (EIR) for Tract Map No. 51169 addressed
the issue of this project and Tract's development affect on traffic and
circulation. The EIR was certified, thereby, determining that the tract would
not create traffic or pedestrian hazards.
Staff has reviewed the floor plan and specifically noted the number of
bedrooms with adjacent bathrooms in relationship to the number of parking
spaces provided in the garages. Staff believes the parking provided in
relationship to the number of bedrooms is adequate for the purposed
project.
(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.
Proposed prominent architectural features of the proposed residence
include the styling and arrangement of the windows and, the varying planes
utilized on each elevation. Prominent architectural features extend to all
sides of the proposed residential structure. The proposed materials/colors
board was compared to boards previously approved for homes on Canyon
View Drive. The comparison indicates that each lot's color scheme is
somewhat similar due to the fact that earth tones are being utilized.
M
However, considering the variation in earth tones colors, differences in roof
materials/stone accent and variations in architectural styles between the
proposed residence and existing residences located on Canyon View Drive,
the project will provide a desirable environment with good aesthetic use of
materials, textures and colors that will remain aesthetically appealing while
offering variety. 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 Tract Map
No. 51169s 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);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15162(a) of Article 11 of the California Code of
Regulations and guidelines promulgated thereunder, the City has
determined that this project is consistent with the previously certified
Environmental Impact Report No. 92-02 for Tract Map No. 51169.
Therefore, further environmental review is not required.
4
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, preliminary grading
plan,- floor plan, elevations, sections, landscape/irrigation plan and
colors/materials board collectively labeled as Exhibit "A" dated
December 11, 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) Prior to the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan. Said plans shall include plant materials and
hydroseeding that shall be located on Lot 4's slope drainage easement
according to the approved Mitigation Monitoring Landscape Plan. Said
plans shall delineate the location of plant material that cannot be located on
Lot 4, and can be located elsewhere within the mitigation area of Tract Map
No. 51169. All proposed landscaping and irrigation shall be installed prior
to final inspection or Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the building and Safety Division's requirements along
the project perimeter.
(e) 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, then the receipt shall be
submitted before approval of future improvements (i.e., hardscape,
landscaping, pool/spa, retaining walls, etc.)
(f) 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.
5
(g) Side/rear and front yard retaining walls shall not exceed an exposed height
of six feet.
(h) Residential structure shall not exceed 35 feet in height from the natural or
finished grade.
(i) Wet bars shall not contain any kitchen cooking equipment and shall not be
utilized as kitchens.
Q) 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.
(k) 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.
(1) Fine grade certification shall be required before final inspection or issuance
Certificate of Occupancy.
(m) 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.
(n) 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.
(o) 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.
1.1
(p) The applicant shall be responsible for sewer connection and shall ensure
connection with Los Angeles County Department of Public Works and the
Sanitation District.
(q) The proposed residence shall comply with the State Energy Conservation
Standards.
(r) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(s) 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 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.
(t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the
1998 National Electrical Code) requirements.
(u) Construction plans shall be engineered to meet wind loads of 80 M.P.H.
with a "C" exposure.
(v) 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.
(w) Building setback from top of slope shall meet Section 18 of the 1998
California Building Code. Building setback h/3 shall be required at the front
yard top of slope.
(x) 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.
(y) 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
7
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.
(z) 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:
Great Aim Enterprises, 430 S. Garfield, #328, Alhambra, CA 91801, Jerry
Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, #202. Diamond Bar,
CA, 91765.
APPROVED` AND ADOPTED THIS 11 TH DAY OF DECEMBER 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: a�� (f,12.
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 11th day
December 2001, by the following vote:
AYES: Kuo, Tye, VC/Ruzicka, C/Nelson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
James DePtefano, Secretary
1
1
W
s
PLANNING COMMISSION
RESOLUTION NO. 2001-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-20,
A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH A BASEMENT, TWO, TWO CAR GARAGES AND
BALCONIES/PATIOS TOTALING TO APPROXIMATELY 11,410
SQUARE FEET. ADDITIONALLY, THIS REQUEST INCLUDES A
REAR/SIDE AND FRONT YARD RETAINING WALLS NOTTO EXCEED
A SIX FOOT EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED
AT 22883 CANYON VIEW DRIVE (LOT 4, TRACT NO. 51169),
DIAMOND BAR, CALIFORNIA.
RECITALS.
1. The property owner, Great Aim Enterprises and applicant, Jerry Yeh of Horizon
Pacific, have filed an application for Development Rev'ew No. 2001-20 for a
property located at 22883 Canyon View Drive, Diamond B r, Los Angeles County,
California. Hereinafter in this Resolution, the subject De elopment Review shall
be referred to as the "Application."
2. On November 28, 2001, public hearing notices were mail
property owners of record within a 500 -foot radius
November 30, 2001, notification of the public hearing for
t1 in the San Gabriel Valley Tribune and Inland Valley
Daily E November 29, 2001, the public hearing notice
was poster within the City of Diamond Bar. On
November 29, 200 posted with the required public notice
3. On December 11, 2001, the Planning Commission of
conducted and concluded a duly noticed public hearing
RESOLUTION
)d to approximately
26 of the project. On
is project was
provided alletin
newspapers. On in
three public places
City of Diamond Bar
the Application.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that pursuant to the provisions of the
California Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of
the California Code of Regulations and guidelines promulgated thereunder, the
City has determined that this project is consistent with the previously certified to
Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore,
further environmental review is not required.
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
finds as follows:
(a) The project relates to a 13 -lot subdivision approved by the City Council in
November 1994. The project site is an irregular shaped vacant lot within a
gated community identified as "The Country Estates:" It is approximately
69,750 gross square feet with a buildable pad area of approximately
19,603 square feet. According to Tract Map No. 51169, the project site
contains an easement for slope and drainage maintenance purposes in the
front, side and rear portions of the project site. The slope drainage
easement is currently maintained with minimal native vegetation. Also,
within the front portion of the site adjacent to Canyon View Drive are
easements for access, sanitary sewer, public- utility and public services.
(b) The project site has a General Plan land use designation of Rural Residential (RR)
Maximum One Dwelling Units per Acre.
(c) The project site is within the Single Family Residence -Minimum Lot Size
20,000 Square Feet (R-1-20,000) Zone.
(d) Generally, the following zones surround the project site: to the north and
west is the R-1-20,000 Zone; and to the south and east is the R-1-20,000
and Heavy Agricultural (A-2-2) Zones.
(e) The Application request is to construct a two-story single-family residence
with a basement, two 2 -car garages and balconies/patios totaling to
approximately 11,410 square feet. The request also includes retaining
walls within the rear/side and front yards with a maximum exposed height
of six feet.
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
2
architectural criteria for special areas- (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The proposed project complies with the elements of the adopted General
Plan,- dated July 25, 1995, and the land use designation of Rural
Residential. The proposed project complies with the City's General Plan
objectives and strategies relating to maintaining the integrity of residential
neighborhood. The proposed design and layout is compatible with the
eclectic architectural style, design, and materials/colors of existing homes
within Tract No. 51169, as well as the "The Country Estates".
Additionally, the applicant has obtained "The Country Estates"
architecture committee approval to ensure compatibility.
(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.
The project site will include a single-family residence, which is similar in
design and layout of surrounding single-family residence. It is not
expected to reasonably interfere with the use and enjoyment of
neighboring existing or future development and will not create traffic or
pedestrian hazards. Blaze Trail, Horizon Lane and Canyon View Drive
adequately serve the project site and Tract No. 51169, which contains
private streets designed to handle minimum traffic created by this type of
development. Furthermore, the Environmental Impact Report (EIR) for
Tract Map No. 51169 addressed the issue of this project and Tracts
development affect on traffic and circulation. The EIR was certified,
thereby, determining that the tract would not create traffic or pedestrian
Staff has reviewed the floor plan and specifically noted the number of
bedrooms with adjacent bathrooms in relationship to the number of
parking spaces provided in the garages. Staff believes the parking
provided in relationship to the number of bedrooms is adequate for the
purposed project.
(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.
Proposed prominent architectural features of the proposed residence
include the styling and arrangement of the windows and, the varying
planes utilized on each elevation. Prominent architectural features extend
to all sides of the proposed residential structure. The proposed
materials/colors board was compared to boards previously approved for
homes on Canyon View Drive. The comparison indicates that each lot's
color scheme is somewhat similar due to the fact that earth tones are
3
However, considering the variation in earth tones colors, differences in roof
materials/stone accent and variations in architectural styles between the
proposed residence and existing residences located on Canyon View Drive, the
project will provide a desirable environment with good aesthetic use of materials.-
textures
aterials;textures and colors that will remain aesthetically appealing while offering variety.
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 Tract Map No. 51169s 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);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15162(a) of Article 11 of the California Code of
Regulations and guidelines promulgated thereunder, the City has
determined that this project is consistent with the previously certified
Environmental Impact Report No. 92-02 for Tract Map No. 51169.
Therefore, further environmental review is not required.
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, preliminary grading plan, -
floor plan, elevations, sections, landscape/irrigation plan and
colors/materials board collectively labeled as Exhibit "A" dated December
11, 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) Prior to the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan. Said plans shall include plant materials and
hydroseeding that shall be located on Lot 4's slope drainage easement
according to the approved Mitigation Monitoring Landscape Plan. Said
plans shall delineate the location of plant material that cannot be located
on Lot 4, and can be located elsewhere within the mitigation area of Tract
Map No. 51169. All proposed landscaping and irrigation shall be installed
prior to final inspection or Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction fencing
pursuant to the building and Safety Division's requirements along the
project perimeter.
(e) 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, then the receipt shall be
submitted before approval of future improvements (i.e., hardscape,
landscaping, pool/spa, retaining walls, etc.)
(f) 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.
5
(g) Side/rear and front yard retaining walls shall not exceed an exposed height of
six feet.
(h) Residential structure shall not exceed 35 feet in height from the natural or
finished grade.
(i) Wet bars shall not contain any kitchen cooking equipment and shall not be
utilized as kitchens.
(j) 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.
(k) 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.
(1) Fine grade certification shall be required before final inspection or issuance
Certificate of Occupancy.
(m) 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.
(n) 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.
(o) 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.
9
(p) The applicant shall be responsible for sewer connection and shall ensure
connection with Los Angeles County Department of Public Works and the
Sanitation District.
(q) The proposed residence shall comply with the State Energy Conservation
Standards.
(r) Surface water shall drain away from the proposed residence at a twopercent
minimum slope.
(s) 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 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.
(t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and
the 1998 National Electrical Code) requirements.
(u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with
a "C" exposure.
(v) 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.
(w) Building setback from top of slope shall meet Section 18 of the 1998
California Building Code. Building setback h/3 shall be required at the front
yard top of slope.
(x) 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.
(y) 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
7
Community and Development Services Department, their affidavit stating that the
are aware of and agree to accept all the conditions of this grant. Further, this gray
shall not be effective until the permittee pays remaining °--
City processing fees, school fees and fees for the review of submitted reports.
(z) 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: Great Air
Enterprises, 430 S. Garfield, #328, Alhambra, CA 91801, Jerry Yeh, Horizo
Pacific; 2707 Diamond Bar Boulevard, #202. Diamond Bar, CA, 91765.
APPROVED AND ADOPTED THIS 11 TH DAY OF DECEMBER 2001, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
An
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 11th day
December 2001, by the following vote:
AYES: Kuo, Tye, VC/Ruzicka, C/Nelson
NOES: None
ABSENT: None
ABSTAIN: None ATTEST:
es DeSt fang, Secretary
9
PLANNING COMMISSION
RESOLUTION NO. 2001-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-20,
A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH A BASEMENT, TWO, TWO CAR GARAGES AND
BALCONIES/PATIOS TOTALING TO APPROXIMATELY 11;410
SQUARE FEET. ADDITIONALLY, THIS REQUEST INCLUDES A
REAR/SIDE AND FRONT YARD RETAINING WALLS NOT TO EXCEED
A SIX FOOT EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED
AT 22883 CANYON VIEW DRIVE (LOT 4, TRACT NO. 51169),
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Great Aim Enterprises and applicant, Jerry Yeh of Horizon
Pacific, have filed an application for Development Review No. 2001-20 for a
property located at 22883 Canyon View Drive, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review shall be
referred to as the "Application."
2. On November 28, 2001, public hearing notices were mailed to approximately 26
property owners of record within a 500 -foot radius of the project. On November
30, 2001, notification of the public hearing for this project was provided in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On
November 29, 2001, the public hearing notice was posted in three public places
within the City of Diamond Bar. On November 29, 2001, the project site was
posted with the required public notice display board.
3. On December 11, 2001, the Planning Commission of the City of Diamond Bar
conducted and concluded 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. 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 pursuant to the provisions of the
California Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of
the California Code of Regulations and guidelines promulgated thereunder, the
City has determined that this project is consistent with the previously certified to
Environmental Impact Report No. 92-02 for Tract Map No. 51169. Therefore,
further environmental review is not required.
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 finds as follows:
(a) The project relates to a 13 -lot subdivision approved by the City Council in
November 1994. The project site is an irregular shaped vacant lot within
a gated community identified as "The Country Estates." It is
approximately 69,750 gross square feet with a buildable pad area of
approximately 19,603 square feet. According to Tract Map No. 51169,
the project site contains an easement for slope and drainage
maintenance purposes in the front, side and rear portions of the project
site. The slope drainage easement is currently maintained with minimal
native vegetation. Also, within the front portion of the site adjacent to
Canyon View Drive are easements for access, sanitary sewer; public
utility and public services.
(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.
(d) Generally, the following zones surround the project site: to the north and
west is the R-1-20; 000 Zone; and to the south and east is the R-1-
20,000 and Heavy Agricultural (A-2-2) Zones.
(e) The Application request is to construct a two-story single-family residence
with a basement, two 2 -car garages and balconies/patios totaling to
approximately 11,410 square feet. The request also includes retaining
walls within the rear/side and front yards with a maximum exposed height
of six feet.
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,
2
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
The proposed project complies with the elements of the adopted General
Plan, dated July 25, 1995, and the land use designation of Rural
Residential. The proposed project complies with the City's General Plan
objectives and strategies relating to maintaining the integrity of residential
neighborhood. The proposed design and layout is compatible with the
eclectic architectural style, design, and materials/colors of existing homes
within Tract No. 51169, as well as the "The Country Estates".
Additionally, the applicant has obtained "The Country Estates"
architecture committee approval to ensure compatibility.
(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.
The project site will include a single-family residence, which is similar in
design and layout of surrounding single-family residence. It is not
expected to reasonably interfere with the use and enjoyment of
neighboring existing or future development and will not create traffic or
pedestrian hazards. Blaze Trail, Horizon Lane and Canyon View Drive
adequately serve the project site and Tract No. 51169, which contains
private streets designed to handle minimum traffic created by this type of
development. Furthermore, the Environmental Impact Report (EIR) for
Tract Map No. 51169 addressed the issue of this project and Tract's
development affect on traffic and circulation. The EIR was certified,
thereby, determining that the tract would not create traffic or pedestrian
Staff has reviewed the floor plan and specifically noted the number of
bedrooms with adjacent bathrooms in relationship to the number of parking
spaces provided in the garages. Staff believes the parking provided in
relationship to the number of bedrooms is adequate for the purposed
project.
(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.
Proposed prominent architectural features of the proposed residence
include the styling and arrangement of the windows and, the varying
planes utilized on each elevation. Prominent architectural features extend
to all sides of the proposed residential structure. The proposed
materialslcolors board was compared to boards previously approved for
homes on Canyon View Drive. The comparison indicates that each lot's
color scheme is somewhat similar due to the fact that earth tones are
3
However, considering the variation in earth tones colors, differences in
roof materials/stone accent and variations in architectural styles between
the proposed residence and existing residences located on Canyon View
Drive, the project will provide a desirable environment with good aesthetic
use of materials, textures and colors that will remain aesthetically
appealing while offering variety. 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
Tract Map No. 51169s 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 propose
project will provide a desirable environment for its occupants and visiting public G
well as its neighbors through good aesthetic use of materials, texture and color ft
will remain aesthetically appealing while offering variety in color, texture and a to
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);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15162(x) of Article 11 of the California Code of
Regulations and guidelines promulgated thereunder, the City has
determined that this project is consistent with the previously certified
Environmental Impact Report No. 92-02 for Tract Map No. 51169.
Therefore, further environmental review is not required.
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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, preliminary grading plan, -
floor plan, elevations, sections, landscape/irrigation plan and
colors/materials board collectively labeled as Exhibit "A" dated December
11, 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) Prior to the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan. Said plans shall include plant materials and
hydroseeding that shall be located on Lot 4's slope drainage easement
according to the approved Mitigation Monitoring Landscape Plan. Said
plans shall delineate the location of plant material that cannot be located
on Lot 4, and can be located elsewhere within the mitigation area of Tract
Map No. 51169. All proposed landscaping and irrigation shall be installed
prior to final inspection or Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction fencing
pursuant to the building and Safety Division's requirements along the
project perimeter.
(e) 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, then the receipt shall be
submitted before approval of future improvements (i.e., hardscape,
landscaping, pool/spa, retaining walls, etc.)
(f) 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
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.
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(g) Side/rear and front yard retaining walls shall not exceed an exposed height of
six feet.
(h) Residential structure shall not exceed 35 feet in height from the natural or
finished grade.
(i) , Wet bars shall not contain any kitchen cooking equipment and shall not be
utilized as kitchens.
(j) 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.
(k) 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.
(1) Fine grade certification shall be required before final inspection or issuance
Certificate of Occupancy.
(m) 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.
(n) 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.
(o) 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.
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(p) The applicant shall be responsible for sewer connection and shall ensure
connection with Los Angeles County Department of Public Works and the
Sanitation District.
1(q) The proposed residence shall comply with the State Energy Conservation
Standards.
(r) Surface water shall drain away from the proposed residence at a twopercent
minimum slope.
(s) 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 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.
(t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and
the 1998 National Electrical Code) requirements.
(u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a
"C" exposure.
(v) 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.
(w) Building setback from top of slope shall meet Section 18 of the 1998
California Building Code. Building setback h/3 shall be required at the front
yard top of slope.
(x) 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.
1 (y) 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
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Community and Development Services Department, their affidavit stating that the
are aware of and agree to accept all the conditions of this grant. Further, this grafi
shall not be effective until the permittee pays remaining City processing fee
school fees and fees for the review of submitted reports.
(z) 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: Great Air
Enterprises, 430 S. Garfield, #328, Alhambra, CA 91801, Jerry Yeh, Horizo
Pacific, 2707 Diamond Bar Boulevard, #202. Diamond Bar,
CA, 91765. _
APPROVED' AND ADOPTED THIS 11 TH DAY OF DECEMBER 2001, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY- A4 -,-4g
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 11th day
December 2001, by the following vote:
AYES: Kuo, Tye, VC/Ruzicka, C/Nelson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: James De-tefano, Secretary
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