HomeMy WebLinkAboutPC 2002-401
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-09,
MINOR CONDITIONAL USE PERMIT NO. 2002-09 AND TREE PERMIT
2002-07 ALLOWING FOR THE REMODELING AND CONSTRUCTION
OF AN APPROXIMATE 4,743 SQUARE FOOT ADDITION TO AN
EXISTING 4,902 SQUARE FOOT THREE (3) STORY SINGLE FAMILY
RESIDENCE TO TOTAL 9,645 SQUARE FEET OF COMBINED
GROSS FLOOR AREA INCLUDING PORCHES, BALCONIES, AND A
FIVE -CAR GARAGE. ADDITIONALLY, PERMITTING A 10 -FOOT HIGH
FENCE AROUND A TENNIS COURT, AND REMOVAL OF A
PROTECTED TREE SPECIES. THIS PROJECT IS CATEGORICALLY
EXEMPT PURSUANT TO ARTICLE 19 SECTION 15301
CLASS 1 (e)(2) (EXISTING FACILITIES) OF THE STATE CEQA
GUIDELINES. THE PROJECT SITE IS 2909 WAGON TRAIN LANE
(APN 8713-014-011), DIAMOND BAR CA.
1. RECITALS
The property owner, Ezzat Seif, and applicant, Pete Volbeda, have fileJ an
application to approve Development Review No.2002-09, Minor Conditi nal
Use Permit No. 2002-09 and Tree Permit No. 2002-07 for a property located
at 2909 Wagon Train Lane, Diamond Bar, CA, in Los Angeles County, and
part of the gated development identified as "The Country Estates" as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review, Minor Conditional Use Permit, Tree Permit and
Categorical Exemption shall be referred to as the "Application
B. On November 12, 2002, the Planning Commission of the City of Diam nd
Bar conducted and concluded a duly noticed public hearing on the
Application.
C. This Application was advertised in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin on November 1, 2002. Every property ov
within a 500 -foot radius of the subject property was sent a notice of
public hearing on October 30, 2002. A total of thirty-eight (38) prop
owners were notified. Also, a notice of public hearing display be
measuring at least 4 foot by 6 foot was posted at the site, in addition
notice being posted at three public places for at least ten days prior to
hearing.
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PLANNING COMMISSION
RESOLUTION NO. 2002-40
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-09,
MINOR CONDITIONAL USE PERMIT NO. 2002-09 AND TREE PERMIT
2002-07 ALLOWING FOR THE REMODELING AND CONSTRUCTION
OF AN APPROXIMATE 4,743 SQUARE FOOT ADDITION TO AN
EXISTING 4,902 SQUARE FOOT THREE (3) STORY SINGLE FAMILY
RESIDENCE TO TOTAL 9,645 SQUARE FEET OF COMBINED
GROSS FLOOR AREA INCLUDING PORCHES, BALCONIES, AND A
FIVE -CAR GARAGE. ADDITIONALLY, PERMITTING A 10 -FOOT HIGH
FENCE AROUND A TENNIS COURT, AND REMOVAL OF A
PROTECTED TREE SPECIES. THIS PROJECT IS CATEGORICALLY
EXEMPT PURSUANT TO ARTICLE 19 SECTION 15301
CLASS 1 (e)(2) (EXISTING FACILITIES) OF THE STATE CEQA
GUIDELINES. THE PROJECT SITE IS 2909 WAGON TRAIN LANE
(APN 8713-014-011), DIAMOND BAR CA.
1. RECITALS
The property owner, Ezzat Seif, and applicant, Pete Volbeda, have fileJ an
application to approve Development Review No.2002-09, Minor Conditi nal
Use Permit No. 2002-09 and Tree Permit No. 2002-07 for a property located
at 2909 Wagon Train Lane, Diamond Bar, CA, in Los Angeles County, and
part of the gated development identified as "The Country Estates" as
described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review, Minor Conditional Use Permit, Tree Permit and
Categorical Exemption shall be referred to as the "Application
B. On November 12, 2002, the Planning Commission of the City of Diam nd
Bar conducted and concluded a duly noticed public hearing on the
Application.
C. This Application was advertised in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin on November 1, 2002. Every property ov
within a 500 -foot radius of the subject property was sent a notice of
public hearing on October 30, 2002. A total of thirty-eight (38) prop
owners were notified. Also, a notice of public hearing display be
measuring at least 4 foot by 6 foot was posted at the site, in addition
notice being posted at three public places for at least ten days prior to
hearing.
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II. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
A. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part l of this Resolution are true and correct.
B. The Planning Commission hereby determines that the project identified
above in this Resolution is Categorically Exempt from the requirements of
the California Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder. This is pursuant to Article 19 Section 15301 Class
1(e)(2) (Existing Facilities) of Title 14 of the California Code of Regulations.
C. 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.
D. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
The project relates to a parcel at 2909 Wagon Train Lane (APN 8713-
014-011), Diamond Bar, CA, within the gated community identified as
"The Country Estates." The subject site has approximately 74,923
square feet (1.72 acres) of net lot area with a westerly descending
natural slope.
2. The project site has a General Plan Land Use designation of Rural
Residential (RR), and a consistent implementing zone of Single -
Family Residence -Minimum Lot Size R-1-20,000.
3. Generally, the site is surrounded to the north, south, east and west
with R-1, 20,000 zoned property.
4. The application is a request to remodel and construct an approximate
4,743 square foot addition to an existing 4,902 square foot three (3)
story single-family residence to total 9,645 square feet of combined
gross floor area (including covered porches, balconies, patios and a
5 -car garage). The development also includes a detached covered
patio, pool/spa, tennis court and retaining walls with a maximum
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exposed height of seven feet. Additionally, the applicant requests
approval of a Minor Conditional Use Permit to allow for the
continuation of a legal nonconforming 22 -foot front yard setback
distance, and a ten foot high tennis court fencing. Furthermor , the
applicant seeks approval of a Tree Permit to remove and replce a
protected tree species.
E. Development Review
In accordance with Section 22.48.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission finds tha the
following findings have been justified and upheld in the affirmative bec use
of the recommended conditions of approval regarding operating proced res,
site and building improvements and on and off-site safety measures:
The design and layout of the proposed development is consistent wjtr
the General Plan, development standards of the applicable dis rict,
design guidelines, and architectural criteria for specialized area (e.g.,
theme areas, specific plans, community plans, boulevards, or planned
developments).
The project site is an existing developed single-family reside tial
estate parcel of land located in the developed "County Estates': ' On July 25, 1995, the City adopted its General Plan, and the proposed
Project complies with the General Plan land use goals, objectives nd
strategies. The project has been designed in accordance with the
development standards for the R-1-20, 000 zone and the City's Hillide
Management Ordinance.
2. The design and layout of the proposed development will not interf are
with the use and enjoyment of neighboring existing or fut re
development, and will not create traffic or pedestrian hazards.
The project site is an existing developed single-family reside ial
estate parcel of land surrounded by existing residential development
The proposed project will compliment the development of he
neighborhood.
3. The architectural design of the proposed development is compati le
with the characteristics of the surrounding neighborhood and Will
maintain the harmonious, orderly and attractive developm nt
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
' The proposed project is consistent with the surrounding developmc nt
in terms of mass and scale. Access to the proposed project is
obtained from a fully developed private street.
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4. 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.
The "Mediterranean" design proposes the use of a variety of
compatible building materials and earth tone colors to soften the
home's impact and assist in preserving the hillside's aesthetic value.
5. The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
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 will not be detrimental to the public health, safety
or welfare nor will it be materially injurious to the properties or
improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental QualityAct of 1970 (CEQA), Article 19, Section 15301
Class 1 (e)(2) (Existing Facilities).
Minor Conditional Use Permit
Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the
Planning Commission finds:
1. The proposed use is allowed within the subject zoning district with
approval of a Minor Conditional Use Permit and complies with all
other applicable provisions of this Development Code and the
Municipal Code.
The existing home is located within the City's R-1-20,000 zoning
district, which allows for the development of single-family residences.
Section 22.68.030.8 permits the continuation of a legal
nonconforming setback provided a Minor Conditional Use Permit is
approved. Additionally, Section 22.20.090 of the DBDC permits the
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deviation from the required fence height limitations provided a Minor
Conditional Use Permit is approved. The project has been desi ned
' to meet or exceed the applicable development standards set fo h in
the Diamond Bar Development Code.
2. The proposed use is consistent with the General Plan and any
applicable specific plan.
The project site is an existing developed single-family residential
estate parcel of land located in the developed "County Estates'. On
July 25, 1995, the City adopted its General Plan, and the proposed
project complies with the General Plan land use goals, objective6 and
strategies. The project has been designed in accordance witt the
development standards for the R-1-20, 000 zone and the City's Hil side
Management Ordinance.
3. The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land us s in
the vicinity.
The resulting 9, 645 square foot three-story "Mediterranean"designed
single-family residence with the swimming pool/spa and tennis court is
compatible with the surrounding and neighboring properties, which
' have been developed with homes of similar size, style and amenil ies.
Additionally, approval of the continuation of the established front and
setback distance, and increased fence height will not block the Wew
or degrade the light and open space area of the north ands uth
adjacent development now or in the future.
4. The subject site is physically suitable for the type and density/inten 3ity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
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The approximate1.72-acre site is adequate to accommodatehe
expansion of the existing single- family residence, which is in
compliance with the applicable DBDC development standards. AI o,
the existing single-family home is currently connected to the Ci 's
sewer system and is being adequately served with the required w er
and public utilities. Approval of the Minor Conditional Use Per it
would have no impact on these services.
Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience or welfare, or
materially injurious to persons, property or improvements int ie
vicinity and zoning district in which the property is located.
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The proposed slightly reduced front yard setback area and increase in
fence height will not substantially block the view or degrade the light
and open space area of the north and south adjacent development.
Additionally, given the existing development pattern of the
neighborhood, consisting of lots with various slope percentages, the
intent of the Code to respect and compliment the front yard setback
area of adjacent properties will not be compromised.
Furthermore, the 10 -foot high tennis court fence would not
compromise or diminish the intent of the Code to provide adequate
buffering and screening of outdoor uses. The generally accepted and
practiced standard (American Institute of Architects, Architectural
Graphic Standards, 10m Edition) of 10 feet for tennis court fencing will
assist in preventing public and personal property damage from
misguided hit balls. Therefore, the project will not will not have a
negative impact on the public interest, health, safety or welfare.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental QualityActof 1970 (CEQA), Article 19, Section 15301
Class 1 (e)(2) (Existing Facilities).
G. In accordance with Section 22.68.030.0 the addition, enlargement,
extension, reconstruction, relocation or structural alteration of the
nonconforming structure would not result in the structure becoming:
1. Incompatible with other structures in the neighborhood.
The proposed continuation of the minimally reduced front yard
setback distance (8 -feet) will not alter the established neighborhood
character or result in a haphazard layout. Approval would still promote
a sensible building plan, and contribute to an attractive street scene.
2. Inconsistent with the General Plan or any applicable specific plan.
The project site is an existing developed single-family residential
estate parcel of land located in the developed "County Estates". On
July 25, 1995, the City adopted its General Plan, and the proposed
project complies with the General Plan land use goals, objectives and
strategies. The project has been designed in accordance with the
development standards for the R-1-20,000 zone and the City's Hillside
Management Ordinance.
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3.
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A restriction to the eventual/future compliance with applicable
regulations of this Development Code.
Approval of the Minor Conditional Use Permit, which will perm i the
continuation of a legal nonconforming front yard setback distancr., will
not result in restricting future compliance with the applicable Diamond
Bar Development Code regulations.
Detrimental to the health, safety and general welfare of pe
residing in the neighborhood.
Based on the conditions of approval regarding site design and
improvements that must comply with the provisions of the Diarr and
Bar Development Code, the use will not have a negative impac t on
the health, safety or general welfare of persons residing in the
neighborhood.
Detrimental and/or injurious to property and improvements in
neighborhood.
The project site is an existing developed single-family reside
estate parcel of land surrounded by existing residential developrr
The proposed project will compliment the development of
neighborhood.
H. Tree Permit
Pursuant to Section 22.38.110of the Diamond Bar Development Code,
Planning Commission finds:
1. Preservation of the tree is not feasible and would compromise
property's owner's reasonable use and enjoyment of propert
surrounding land and appropriate mitigation measures will
implemented in compliance with Section 22.38.130 (-
Replace ment/Relocation Standards).
Given the location of the amenities (e.g. tennis court) it is nece
to remove the existing five native black walnut trees. To mainta
trees would place an unreasonable hardship on the applic,
construct a residence with a logical and rational layout that res
the varying topography. However, the trees will be replaced at
ratio with a compatible species and a minimum box size of 24 in
Based upon the findings and conclusion set forth above, the Pla
Commission hereby approves this Application subject to the folly
conditions:
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1. The project shall substantially conform to site plan, floor plans,
elevations, landscape/irrigation, grading plan and materials/colors
board collectively labeled as Exhibit "A" as presented to the Planning
Commission on November 12, 2002 and as amended herein.
2. 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.
3. The applicant shall be required to submit a final landscape/irrigation
plan for the entire site that delineates the type of planting materials
color, size, quantity and location, for review and approval by the City's
Planning Commission. The plan shall provide for a variety of grasses
and ground cover, flowering plants, and shrubs and trees. The plan
shall include a minimum of fifteen (15) 24 -inch box tree species from
the protected/preserved species list of Sycamore, Arroyo Willow, or
Oak. All landscaping and irrigation shall be installed prior to the
issuance of a Certificate of Occupancy.
4. Maximum height of the residence shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline.
5. The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting as to levels of dust, glare/light, noise, odor, traffic, or other
similar types of disturbances. Nor shall the project be operated so as
to result in significantly adverse effects on public services and
resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
6. The owners shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by the
City. The covenant shall be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of a building
permit.
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7. The exposed faces of the retaining walls shall have a decorative fi riish
to match the building design, and be heavily landscaped foradded
aesthetics.
8. All construction activity shall be in conformity with the require m nts
and limitations of the City of Diamond Bar Municipal Cod as
implemented by the Building and Safety Division.
9. Before construction begins, the applicant shall install tempo ary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal. The Applicant
shall provide temporary sanitation facilities while under construct on.
10. The single-family structure shall meet the 2001 California Builc ing
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
11. The minimum design wind pressure shall be 80 miles per hour
"C" exposure.
12. The single-family structure is located in "Fire Zone 4" and shall r
the following requirements of that fire zone:
' a. All roof coveringshall be "Fire Retardant Class A tile er
shall be fire stopped at the eaves to preclude entry of
flame or members under the fire;
b. All enclosed under -floor areas shall be constructed as
walls;
C. All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than '/4 inch nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door.
13. This single-family structure shall meet the State Energy Conservation
Standards.
14. Retaining wall permits shall be obtained from the Engineering
Department.
15. The applicant shall comply with the requirements of the City Engineer
and Public Works Divisions,
16. Prior to the issuance of any City permits, the applicant shall be
required to submit a final grading plan and soils report for the Cit's
Public Works and Building Division review and approval. T e
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preparation of the site and the construction of the proposed structures
shall be in compliance with the recommendations set forth in such
soils report.
17. 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) to satisfy the Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements. SUSMP
provisions shall be prepared and submitted as part of the grading
plans. Further details on SUSMP requirements shall be obtained from
the Public Works/Engineering Division.
18. Drainage patterns and techniques shall be reviewed and approved by
the Public Works Division prior to any permit issuance; surface water
shall drain away from the building at a 2% minimum slope.
19. Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
20. Applicant shall make application to the water purveyor as necessary,
and shall submit the evidence of their approval to the Planning
Division prior to the issuance of building permits.
21. All utility service to the proposed project shall be installed
underground.
22. In accordance with the Department of Fish and Game Section 711.4,
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.
23. This entitlement is valid for two (2) years and shall be exercised (i.e.
construction shall commence) within that period or this entitlement
shall automatically expire. A one (1) year extension may be approved
when submitted to the City in writing at least 60 days prior to the
expiration date. The Planning Commission may consider the
extension request at a duly noticed public hearing in accordance with
Chapter 22.72 of the City of Diamond Bar Development Code.
24. This entitlement shall not be effective for any purpose until the
permittee and owner of the property involved (if other than the
permittee) have filed, within fifteen (15) days of the approval date, at
the City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not
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become effective until the permittee pays any remaining
' processing fees.
J. The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified
to Ezzat Seif, 2909 Wagon Train Lane, Diamond Bar, CA 91765
Pete Volbeda, 615 N. Benson Avenue, Unit D, Upland, CA 917E
APPROVED AND ADOPTED THIS THE 12TH DAY OF NOVEMBER
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
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By L
JoRuzic , Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the forego
Resolution was duly introduced, passed, and adopted by the Planning Commission of
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 121
November 2002, by the following vote:
' AYES: Nelson, WC Tye, Nolan, Tanaka, C/Ruzicka
NOES:
ABSENT:
ABTAIN:
ATTEST:
Jarn DeStefa o,S cretary
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02,
ing
of
PLANNING COMMISSION RESOLUTION NO. 2002-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2002-09, MINOR CONDITIONAL USE PERMIT NO. 2002-09 AND
TREE PERMIT 2002-07 ALLOWING FOR THE REMODELING AND
CONSTRUCTION OF AN APPROXIMATE 4,743 SQUARE FOOT
ADDITION TO AN EXISTING 4,902 SQUARE FOOT THREE (3)
STORY SINGLE FAMILY RESIDENCE TO TOTAL 9,645 SQUARE
FEET OF COMBINED GROSS FLOOR AREA INCLUDING
PORCHES, BALCONIES, AND A FIVE -CAR GARAGE.
ADDITIONALLY, PERMITTING A 10 -FOOT HIGH FENCE AROUND
A TENNIS COURT, AND REMOVAL OF A PROTECTED TREE
SPECIES. THIS PROJECT IS CATEGORICALLY EXEMPT
PURSUANT TO ARTICLE 19 SECTION 15301 CLASS 1 (e)(2)
(EXISTING FACILITIES) OF THE STATE CEQA GUIDELINES. THE
PROJECT SITE IS 2909 WAGON TRAIN LANE (APN 8713-014-011),
I. RECITALS
A. The property owner, Ezzat Seif, and applicant, Pete Volbeda, have file _ an
application to approve Development Review No.2002-09, Minor
Conditional Use Permit No. 2002-09 and Tree Permit No. 2002-07 for a
property located at 2909 Wagon Train Lane, Diamond Bar, CA, in Los
Angeles County, and part of the gated development identified as "The
Country Estates" as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Development Review, Minor Conditional Use
Permit, Tree Permit and Categorical Exemption shall be referred to as the
"Application".
B. On November 12, 2002, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
C. This Application was advertised in the San Gabriel Valley Tribune and _the
Inland Valley Daily Bulletin on November 1, 2002. Every property owner
within a 500 -foot radius of the subject property was sent a notice of the
public hearing on October 30, 2002. A total of thirty-eight (38) property
owners were notified. Also, a notice of public hearing display board
measuring at least 4 foot by 6 foot was posted at the site, in addition t a
notice being posted at three public places for at least ten days prior to he
hearing.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
A. The Planning Commission hereby specifically finds that all of the facts set forth in
the Recitals, Part I of this Resolution are true and correct.
B. The Planning Commission hereby determines that the project identified above
in this Resolution is Categorically Exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder. This is pursuant to Article 19 Section 15301
Class 1(e)(2) (Existing Facilities) of Title 14 of the California Code of
C. 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.
D. Based upon the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
The project relates to a parcel at 2909 Wagon Train Lane (APN
8713014-011), Diamond Bar, CA, within the gated community
identified as "The Country Estates." The subject site has
approximately 74,923 square feet (1.72 acres) of net lot area with a
westerly descending natural slope.
2. The project site has a General Plan Land Use designation of Rural
Residential (RR), and a consistent implementing zone of
SingleFamily Residence -Minimum Lot Size R-1-20,000.
3. Generally, the site is surrounded to the north, south, east and west with R-1,
20,000 zoned property.
4. The application is a request to remodel and construct an approximate
4,743 square foot addition to an existing 4,902 square foot three (3)
story single-family residence to total 9,645 square feet of combined
gross floor area (including covered porches, balconies, patios and a
5 -car garage). The development also includes a detached covered
patio, pool/spa, tennis court and retaining walls with a maximum
2
exposed height of seven feet. Additionally, the applicant req ests
approval of a Minor Conditional Use Permit to allow for the
continuation of a legal nonconforming 22 -foot front yard setback
distance, and a ten foot high tennis court fencing. Furthermore, the
applicant seeks approval of a Tree Permit to remove and replace a
protected tree species.
E. Development Review
In accordance with Section 22.48.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission finds tha the
following findings have been justified and upheld in the affirmative bec use
of the recommended conditions of approval regarding operating proced
res, site and building improvements and on and off-site safety measures:
The design and layout of the proposed development is consistent
itlh the General Plan, development standards of the applicable dis
rict, design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
The project site is an existing developed single-family reside tial
estate parcel of land located in the developed "County Estates".- On
July 25, 1995, the City adopted its General Plan, and the propo ed
project complies with the General Plan land use goals, objectives nd
strategies. The project has been designed in accordance with the
development standards for the R-1-20, 000 zone and the City's
Hillside Management Ordinance.
2. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or fut re
development, and will not create traffic or pedestrian hazards.
The project site is an existing developed single-family residential estate
parcel of land surrounded by existing residential development. The
proposed project will compliment the development of he
neighborhood.
3. The architectural design of the proposed development is Compatible
with the characteristics of the surrounding neighborhood and Will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed project is consistent with the surrounding developm(
in terms of mass and scale. Access to the proposed project
obtained from a fully developed private street.
C]
4. 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.
The "Mediterranean" design proposes the use of a variety of
compatible building materials and earth tone colors to soften the
home's impact and assist in preserving the hillside's aesthetic value.
5. The proposed project will not be detrimental to the public health, safety, or
welfare or materially injurious (e.g., negative affect on property values
or resale(s) of property) to the properties or improvements in the
vicinity.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
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 will not be detrimental to the public health,
safety or welfare nor will it be materially injurious to the properties or
improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental QualityActof 1970 (CEQA), Article 19, Section 15301
Class 1 (e)(2) (Existing Facilities).
F. Minor Conditional Use Permit
Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the
Planning Commission finds:
The proposed use is allowed within the subject zoning district with
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal
Code.
The existing home is located within the City's R-1-20,000 zoning
district, which allows for the development of single-family
residences. Section 22.68.030.8 permits the continuation of a legal
nonconforming setback provided a Minor Conditional Use Permit is
approved. Additionally, Section 22.20.090 of the D8DC permits the
E
deviation from the required fence height limitations provided a inor
Conditional Use Permit is approved. The project has been desi
#-7ned to meet or exceed the applicable development standards set
fo i -h in the Diamond Bar Development Code.
The proposed use is consistent with the General Plan ndI any
applicable specific plan.
The project site is an existing developed single-family re
estate parcel of land located in the developed "County Este
July 25, 1995, the City adopted its General Plan, and the p
project complies with the General Plan land use goals, objec
strategies. The project has been designed in accordance
development standards for the R-1-20,000 zone and the Cit;
Management Ordinance.
3. The design, location, size and operating characteristics of the p)p+ed
use are compatible with the existing and future land us s in the ici ity.
The resulting 9,645 square foot three-story "Mediterranee
4. The subject site is physically suitable for the type and density
of use being proposed including access, provision of
compatibility with adjoining land uses, and the absence of
constraints.
The approximate 1.72 -acre site is adequate to accommodate he
expansion of the existing single- family residence, which is in
compliance with the applicable DBDC development standards. Also,
the existing single-family home is currently connected to the Ci 's
sewer system and is being adequately served with the required
water and public utilities. Approval of the Minor Conditional Use
Penlf,,it would have no impact on these services.
single-family residence with the swimming poollspa and tennis coo
rt i
compatible with the surrounding and neighboring ro erties, wh
is
have been developed with homes of similarsize, style and amen
"e
Additionally, approval of the continuation of the established front
r
setback distance, and increased fence height will not block the
or degrade the light and open space area of the north and s,
adiacent development now or in the future.
4. The subject site is physically suitable for the type and density
of use being proposed including access, provision of
compatibility with adjoining land uses, and the absence of
constraints.
The approximate 1.72 -acre site is adequate to accommodate he
expansion of the existing single- family residence, which is in
compliance with the applicable DBDC development standards. Also,
the existing single-family home is currently connected to the Ci 's
sewer system and is being adequately served with the required
water and public utilities. Approval of the Minor Conditional Use
Penlf„it would have no impact on these services.
5. Granting the Minor Conditional Use Permit will not be detriment„ the
public interest, health, safety, convenience or welfare, materially
injurious to persons, property or improvements in vicinity and
zoning district in which the property is located.
The proposed slightly reduced front yard setback area and increase
in fence height will not substantially block the view or degrade the
light and open space area of the north and south adjacent
development. Additionally, given the existing development pattern of
the neighborhood, consisting of lots with various slope percentages,
the intent of the Code to respect and compliment the front yard
setback area of adjacent properties will not be compromised.
Furthermore, the 10 -foot high tennis court fence would not
compromise or diminish the intent of the Code to provide adequate
buffering and screening of outdoor uses. The generally accepted
and practiced standard (American Institute of Architects,
Architectural Graphic Standards, 10'" Edition) of 10 feet for tennis
court fencing will assist in preventing public and personal property
damage from misguided hit balls. Therefore, the project will not will
not have a negative impact on the public interest, health, safety or
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental QualityActof 1970 (CEQA), Article 19, Section 15301
Class 1 (e)(2) (Existing Facilities).
G. In accordance with Section 22.68.030.C, the addition, enlargement, extension,
reconstruction, relocation or structural alteration of the nonconforming
structure would not result in the structure becoming:
1. Incompatible with other structures in the neighborhood.
The proposed continuation of the minimally reduced front yard setback
distance (8 -feet) will not alter the established neighborhood
characterorresult in a haphazard layout Approval would still promote
a sensible building plan, and contribute to an attractive street scene.
2. Inconsistent with the General Plan or any applicable specific plan.
The project site is an existing developed single-family residential
estate parcel of land located in the developed "County Estates". On
July 25, 1995, the City adopted its General Plan, and the proposed
project complies with the General Plan land use goals, objectives
and strategies. The project has been designed in accordance with
the development standards for the R-1-20,000 zone and the City's
Hillside Management Ordinance.
L•.
3 A restriction to the eventual/future compliance with
regulations of this Development Code.
Approval of the Minor Conditional Use Permit, which will perm the
continuation of a legal nonconforming front yard setback distance,
will not resuft in restricting future compliance with the applicable
Diamond Bar Development Code regulations.
4 Detrimental to the health, safety and general welfare of
residing in the neighborhood.
Based on the conditions of approval regarding site design and
improvements that must comply with the provisions of the Dia and
Bar Development Code, the use will not have a negative impa t on
the health, safety or general welfare of persons residing in the
neighborhood.
5 Detrimental and/or injurious to property and improvements the
neighborhood.
The project site is an existing developed single-family re,-
estate
e,estate parcel of land surrounded by existing residential
devell The proposed project will compliment the the
development neighborhood.
H. Tree
Pursuant to Section 22.38.110of the Diamond Bar Development the
Planning Commission finds:
1. Preservation of the tree is not feasible and would compromise the
property's owner's reasonable use and enjoyment of proper tit surrounding
land and appropriate mitigation measures will be
implemented in compliance with Section 22.38.130 (Tree
Given the location of the amenities (e.g. tennis court) it is neces ary
to remove the existing five native black walnut trees. To maintai the
trees would place an unreasonable hardship on the applica t to
construct a residence with a logical and rational layout that resp cts
the varying topography. However, the trees will be replaced at a 3.1
ratio with a compatible species and a minimum box size of 24 inc
Based upon the findings and conclusion set forth above, the Plan
Commission hereby approves this Application subject to the follo,
conditions:
7
1. The project shall substantially conform to site plan, floor plans, elevations,
landscape/irrigation, grading plan and materials/colors board
collectively labeled as Exhibit "A" as presented to the Planning
Commission on November 12, 2002 and as amended herein.
2. 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.
3. The applicant shall be required to submit a final landscape/irrigation
plan for the entire site that delineates the type of planting materials
color, size, quantity and location, for review and approval by the
City's Planning Commission. The plan shall provide for a variety of
grasses and ground cover, flowering plants, and shrubs and trees.
The plan shall include a minimum of fifteen (15) 24 -inch box tree
species from the protected/preserved species list of Sycamore,
Arroyo Willow, or Oak. All landscaping and irrigation shall be
installed prior to the issuance of a Certificate of Occupancy.
4. Maximum height of the residence shall not exceed 35 feet from the finish
grade at any exterior wall of the structure to the highest point of the
roofline.
5. The single-family residence shall not be utilized in a manner that creates
adverse effects upon the neighborhood and environmental setting
as to levels of dust, glare/light, noise, odor, traffic, or other similar
types of disturbances. Nor shall the project be operated so as to
result in significantly adverse effects on public services and
resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings
which result in a nuisance or which create traffic and parking
problems in the neighborhood.
6. The owners shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by
the City. The covenant shall be completed and recorded with the
Los Angeles County's Recorder's Office prior to the issuance of a
building permit.
IQ
7. The exposed faces of the retaining walls shall have a decorative to
match the building design, and be heavily landscaped for E
aesthetics.
8. All construction activity shall be in conformity with the requirem nts and
limitations of the City of Diamond Bar Municipal Cod - as implemented
by the Building and Safety Division.
9. Before construction begins, the applicant shall install tempo ary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing hall
remain until the Building Official approves its removal. The
Applicant shall provide temporary sanitation facilities while under
10. The single-family structure shall meet the 2001 California Builr-ng Code,
California Plumbing Code, California Mechanical Code, nd California
Electrical Code requirements.
11. The minimum design wind pressure shall be 80 miles per hour "C"
exposure.
12. The single-family structure is located in "Fire Zone 4" and shall r the following
requirements of that fire zone:
a. All roof covering shall be "Fire Retardant, Class A"; the n
shall be fire stopped at the eaves to preclude entry of
flame or members under the fire;
b. All enclosed under -floor areas shall be constructed as walls;
c. All openings into the attic, floor, and/or other enclosed a shall be
covered with corrosion -resistant wire mesh not than 1/4 inch
nor more than 1/2 inch in any dimension er where such
openings are equipped with sash or door.
13. This single-family structure shall meet the State Energy
Standards.
14. Retaining wall permits shall be obtained from the
Department.
15. The applicant shall comply with the requirements of the City Engin er and Public Works
Divisions.
16. Prior to the issuance of any City permits, the applicant shall e required
to submit a final grading plan and soils report for the City's Public
Works and Building Division review and approval. tie 9
preparation of the site and the construction of the proposed structures
shall be in compliance with the recommendations set forth in such
soils report.
17. 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) to satisfy the
Standard Urban Stormwater Mitigation Plan (SUSMP) requirements.
SUSMP provisions shall be prepared and submitted as part of the
grading plans. Further details on SUSMP requirements shall be
obtained from the Public Works/Engineering Division.
18. Drainage patterns and techniques shall be reviewed and approved by
the Public Works Division prior to any permit issuance; surface
water shall drain away from the building at a 2% minimum slope.
19. Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
20. Applicant shall make application to the water purveyor as necessary,
and shall submit the evidence of their approval to the Planning
Division prior to the issuance of building permits.
21. All utility service to the proposed project shall be installed underground.
22. In accordance with the Department of Fish and Game Section 711.4,
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.
23. This entitlement is valid for two (2) years and shall be exercised (i.e.
construction shall commence) within that period or this entitlement
shall automatically expire. A one (1) year extension may be
approved when submitted to the City in writing at least 60 days prior
to the expiration date. The Planning Commission may consider the
extension request at a duly noticed public hearing in accordance
with Chapter 22.72 of the City of Diamond Bar Development Code.
24. This entitlement shall not be effective for any purpose until the
permittee and owner of the property involved (if other than the
permittee) have filed, within fifteen (15) days of the approval date,
at the City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not 10
ecome effective until the permittee pays any remaining processing fees. it
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified to
Ezzat Seif, 2909 Wagon Train Lane, Diamond Bar, CA 91765 Pete
Volbeda, 615 N. Benson Avenue, Unit D, Upland, CA 917E
APPROVED AND ADOPTED THIS THE 127 DAY OF NOVEMBER BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By. Jo Ruzic , Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregc
Resolution was duly introduced, passed, and adopted by the Planning Commission of
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 1210
November 2002, by the following vote:
YES: Nelson, WC Tye, Nolan, Tanaka, C/Ruzicka NOES:
3SENT :
ABSTAIN: ATTEST: ! "
Jarrl DeStefaho, S-cretary
1