HomeMy WebLinkAboutPC 2002-43PLANNING COMMISSION
RESOLUTION NO. 2002-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-26,
MINOR CONDITIONAL USE PERMIT NO. 2002-11 AND
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-
STORY SINGLE- FAMILY RESIDENCE WITH BASEMENT, SIX CAR
GARAGE, BALCONIES AND PATIO TOTALING APPROXIMATELY
14,800 SQUARE FEET. THE REQUEST ALSO INCLUDES A
SWIMMING POOUSPA, GAZEBO WITH BARBECUE AND
RETAINING WALLS WITH MAXIMUM EXPOSED HEIGHT OF SIX
FEET. THE PROJECT SITE IS LOCATED AT 23980 FALCONS VIEW
DRIVE (LOT 20, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Dr. and Mrs. Sanjay Chauhan and applicant, Jerry
of Horizon Pacific, have filed an application for Development Rei
No. 2002-26, Minor Conditional Use Permit No. 2002-11 and categoi
exemption for a property located at 23980 Falcons View Drive, Diamond I
Los Angeles County, California. Hereinafter in this Resolution, the sub
Development Review, Minor Conditional Use Permit and categor
exemption shall be referred to as the "Application."
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2. On October 30, 2002, public hearing notices were mailed to approxima el)
25 property owners within a 500 -foot radius of the project site. 0r
October 31, 2002, the project site was posted with a display board and hE
public notice was posted in three public places. On November 1, 2002
notification of the public hearing for this project was provided in the Ear
Gabriel Valley Tribune and Inland Vall)y Daily Bulletin newspapers.
3. On November 12, 2002, the Planning Commission of the City of Diamond
Bar conducted and concluded a duly noticed public hearing on t e
Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planni
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15303(a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
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 site is located at 23980 Falcons View Drive (Lot 20, Tract
No. 30577) within a gated community identified as "The Country
Estates." The project site is irregular shaped rectangle approximately _ .-
62,303 gross square feet (1.43 acres) sloping down toward the rear
property line. According to the Tract Map, the project site does not
contain any easements or restricted use areas.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot
Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural
Residential (RR) Zone.
(d) Generally, the following zone and use surround the project site: to the
north, south and west is the R-1-40,000 Zone; and to the east is the
boundary line for San Bernardino County.
(e) The Application request is to demolish an existing two-story single-
family residence of approximately 4,000 square feet and construct a
two-story single-family residence with a basement, six -car garage,
balconies and patio totaling approximately 14,800 square feet. The
request also includes swimming pool/spa, gazebo with barbecue,
tennis court with fencing and lighting and retaining walls within
rear/side and front yards with a maximum exposed six-foot height.
F
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Development Review
(f) The design and layout of the proposed development is consistent
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevar s or
planned developments).
The project site, an existing lot contains a two-story single -f mil)
residence of approximately 4,000 square feet, that will be demoli hec
in order to construct the proposed project. The project site is to tea
within an existing subdivision and gated community thatwascrea tea
prior to the City's incorporation. The present use of the project site is
single-family residential and with the approval and construction of the
Proposed project, the project site will continue to be utilized for single-
family residential.
On July 25, 1995, the City adopted its General Plan. Although the
Tract was established prior to the General Plan's adoption, it Complies
with the General Plan land use designation of RR -Maximum 1 D AC
since the project site is 1.43 gross acres. Additionally, the propo ed
project complies with the General Plan objectives and strategies nd
the City's Design Guidelines related to maintaining the integrity of
residential neighborhoods and open space. Furthermore, the
proposed project is compatible with the eclectic architectural st le,
colors and material of other homes within "The Country Estates. "
(g) The design and layout of the proposed development will not interfre
with the use and enjoyment of neighboring existing or fut re
development and will not create traffic or pedestrian hazards.
The project site is currently utilized for a single-family residence and
will continue as such with the construction of the proposed project
The proposed project is consistent with othersingle-family residenres
established within "The Country Estates As such, the proposed
project is not expected to interfere with the use and enjoyment of
neighboring existing or future development. The project site is 1.43
acres and is large enough to accommodate the proposed project s
designed The proposed residence is not expected to create traffic or
pedestrian hazards due to that fact that the use was planned with te
tract's original approval and will remain a single-family residen .
Additionally, Falcons View adequately serves the project site and w s
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established to handle minimum traffic created by this type of
development. Furthermore, this street and all other streets within
"The Country Estates" are private streets managed and maintained by
the homeowners association within this gated community.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
The proposed project's architectural style (as referred to in
application) is French. Prominent architectural features include the
style and arrangement of the windows, varied planes utilized on the
front and rear elevation and the front entry. Color scheme and
construction materials are consistent and compatible with the eclectic
architectural style, materials and colors of other homes within "The
Country Estates." Therefore, the proposed project is consistent with
and will maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48.20, the General Plan,
and City Design Guidelines. Additionally, there is not a specific plan
for this area.
(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 and 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.,
the properties affect
ies or
property values or resale(s) of property)
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
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not detrimental to the public health, safety or welfare or mat rially
injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance witt the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Qualit Act
(CEQA), Section 15303(a), the City has determined that the pr ject
identified above in this Resolution is categorically exernpt.
Furthermore, the categorical exemption reflects the independent
judgement of the City of Diamond Bar.
Minor Conditional Use Permit
(I) The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies wift all
other applicable provisions of the Development Code and the
Municipal Code;
Pursuant to Development Code Section 22.20. 090 —Fences, Heo
and Walls, the maximum height of a wall located in the rear
interior side yard in six feet. However, the Hearing Officer/Plan
Commission in this case may waive or modify this standard thrc
the Minor Conditional Use Permit process. The walls for the to
court are proposed at a maximum height of six feet In most ca.
additional fencing is required to contain the tennis balls within
court area. For the proposed project, the applicant proposes cl
link fencing on top of the wall for a total height of 10 feet. Theret
the total height of the wall and fencing will not exceed 10 feet.
proposed tennis court is an allowed accessory use in the R-1-40,
zoning district with the approval of a Minor Conditional Use Pe,
and as amended within this resolution will comply with all of
applicable provisions of the Development Code and Municipal Cc
(m) The proposed use is consistent with the General Plan and
applicable specific plan;
As mentioned above in Item (f), the entire project is consistent
the General Plan. There is not a specific plan applicable to
project.
(n) The design, location, size and operating characteristics of th
Proposed use are compatible with the existing and future land uses i
the vicinity;
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As mentioned above in item (g) and (h), the entire project as
designed, located, size and operating characteristics of the proposed
single-family residence with tennis court are compatible with the
existing and future land uses in the vicinity as conditioned within this
resolution.
(o) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
The density of the project site is set forth by the General Plan which is
one dwelling unit per acre and the zoning district which is R-1-40, 000.
The project site is 1.43 acres and is consistent with the density set
forth by the General Plan and zoning district. The proposed project is
common and consistent with most single-family residences within the
gated community identified as "The Country Estates." Therefore, the
project site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
(p) Granting the Minor Conditional Use Permit will not be detrimental to -
the public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located; and
For the reasons referenced above in items (f) through (o), granting
the Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property
is located.
(q) 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 15303(a), the City has determined that this project is
categorically exempt.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, sections, final landscape/irrigation plan, and
colors/materials board collectively labeled as Exhibit "A" ated
November 12, 2002, as submitted and approved by the Pla ping
Commission, and as amended herein.
(b) The site shall be maintained in a condition, which is free ofdebris
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 one
only by the property owner, applicant or by a duly permitted w aste
contractor, who has been authorized by the City to provide collec ion,
transportation, and disposal of solid waste from resider tial,
commercial, construction, and industrial areas within the City. It hall
be the applicant's obligation to insure that the waste contractor, util zed
has obtained permits from the City of Diamond Bar to provide uch
services.
(c)
Prior to the issuance of any City permits, the applicant shall sub
it a
final landscape/irrigation plan for the City's review and approval. Esaid
plan shall delineate plant species, size, quantity and location.
landscaping/irrigation shall be installed prior to the
All
project's f
inspection or Certificate of Occupancy issuance.
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(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)
All retaining walls/walls shall not exceed an exposed height of six f
et
except retaining walls/walls within the front yard setback shall iiot
exceed 42 inches in height.
(f)
The tennis court shall be moved five feet to the west, there
maintaining a 25 -foot setback from the
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rear property lire.
Additionally, tennis court lighting shall comply with Code
Section 22.16.050. E. as follows:
(1) Light fixtures shall not be located closer than 10 feet to tf
adjacent property line and not located more than 18 feet fro
le
the court surface;
(2) Light poles shall have a five-foot extension arm, which
complies with Code;
(3) The fixtures shall be shielded in a manner that completely cuts
off light source when viewed from any point five feet or more
beyond the property line;
(4) Incident light level at a property line shall not exceed on
footcandle
-
measured from grade at a 12 -foot height;
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(5) Incident light level upon any habitable building on an adjacent `
property shall not exceed .05 footcandle;
(6) In the event that the illuminated court surface is visible from
another parcel, it shall be treated with a low reflecting, dark -
color; and
(7) Tennis court lighting shall not be operated between 10:00 p.m.
and 7:00 a.m. on weekdays and between 11:00 p.m. and
7:00 a.m. on Saturdays and Sundays.
(g) Wet bars shall not contain kitchen or other cooking facilities
(i.e., cooking stoves with or without an oven, hot plates, kitchen sink,
cabinets an appurtenant plumbing, microwave or convection oven,
etc.)
(h) Prior to the issuance of any City permits, the applicant shall submit a
precise grading plan, prepared by a civil engineer, licensed by the
State of California, in accordance with the City's grading requirements
for the City's review and approval. The precise grading plan shall
delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Finish surface and finished grade; and
(5) Retaining wall elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated.
(i) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical report shall reference the stability of the retaining walls
to withstand pressure of the retained soils.
(j) Applicant shall obtain a Rough Grade and Fine Grade Certification
prior to the project's final inspection.
(m) Slope of the proposed driveway shall not exceed 15 percent and shall
obtain Fire Department approval.
(k) 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
(I) The applicant shall make a new application for sewer connectioll with
the Los Angeles County Department of Public Works and the
' Sanitation District.
(m) If applicable, the applicant shall comply with Standard Urbantorm
Water Mitigation Plan requirements to the satisfaction of th City
engineer.
(n) The proposed residence shall comply with the State Energy
Conservation Standards. II
(o) Surface water shall drain away from the proposed residence ata two -
percent minimum slope.
(p) The proposed single-family residence is located within "high fire
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 a eas
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 nch
screen.
(q) Plans shall conform to State and Local Building Code (i.e., 2 01
Uniform Building Code, Uniform Plumbing Code, Uniform Mecha ical
Code, and the 2001 National Electrical Code) requirements.
(r) Construction plans shall be engineered to meet wind load of
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80 M.P.H. with a " exposure.
(s) All balconies shall be designed for a 40 -pound per square foot
load.
(t) Prior to the issuance of any construction permits, the applicants all
submit construction plans to the Los Angeles County Fire Depart ent
for review and approval.
(u) The single-family residence shall not be utilized in a manner,
creates adverse effects (i.e., significant levels of dust, glare/li,
noise, odor, traffic, or other disturbances) upon the neighborhood,
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.
(v) The Applicant 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 must be completed and recorded with the Los
Angeles County Recorder's Office prior to the issuance of a building
permit.. .
(w) Prior to the issuance of any City permits, the site septic system must
be reviewed and approved by the Los Angeles County Health
Department, the City's Public Works and Building and Safety
Divisions. In addition, the applicant shall sign the City's Covenant and
Agreement for commitment to not protest the formation of an
improvement district for the installation of sanitary sewers and
agreement to pump/empty septic tanks on at least a monthly basis.
(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 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
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1
applicant shall also pay to the Department of Fish and GaME any
such fee and any fine which the Department determines to be o Ned.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified i nail,
to: Dr. and Mrs. Sanjay Chauhan, 23980 Falcons View Dive,
Diamond Bar, CA 91765, and Jerry Yeh, Horizon Pacific,
2707 Diamond Bar Blvd., #202, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 12TH OF NOVEMBER 2002, BY
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe Ru icka, airman
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 1
day of November 2002, by the following vote:
AYES: Nolan, V/C Tye, Nelson, Tanaka, C/Ruzicka
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ja s DeStefan! ,Secretary
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E
PLANNING COMMISSION RESOLUTION NO. 2002-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2002-26, MINOR CONDITIONAL USE PERMIT NO. 2002-11 AND
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A
TWOSTORY SINGLE- FAMILY RESIDENCE WITH BASEMENT, SIX
CAR GARAGE, BALCONIES AND PATIO TOTALING
APPROXIMATELY 14,800 SQUARE FEET. THE REQUEST ALSO
INCLUDES A SWIMMING POOL/SPA, GAZEBO WITH BARBECUE
AND RETAINING WALLS WITH MAXIMUM EXPOSED HEIGHT OF
SIX FEET. THE PROJECT SITE IS LOCATED AT 23980 FALCONS
VIEW DRIVE (LOT 20, TRACT NO. 30577), DIAMOND BAR,
A. RECITALS
1. The property owner, Dr. and Mrs. Sanjay Chauhan and applicant, Jerry of
Horizon Pacific, have filed an application for Development Re, No.
2002-26, Minor Conditional Use Permit No. 2002-11 and catego
exemption for a property located at 23980 Falcons View Drive,
Diamond Los Angeles County, California. Hereinafter in this
Resolution, the sut Development Review, Minor Conditional Use
Permit and cat egoi exemption shall be referred to as the "Application."
2. On October 30, 2002, public hearing notices were mailed to approxima 25
property owners within a 500 -foot radius of the project site. October 31,
2002, the project site was posted with a display board and public notice
was posted in three public places. On November 1, 20 notification of
the public hearing for this project was provided in the _: Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers.
3. On November 12, 2002, the Planning Commission of the City of Diamc Bar
conducted and concluded a duly noticed public hearing on 1
Application.
1. RESOLUTION
IOW, THEREFORE, it is found, determined and resolved by the Plani Commission of the
,ity of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in this
Resolution is categorically exempt pursuant to Section 15303(a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the
independent judgment of the City of Diamond Bar.
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 site is located at 23980 Falcons View Drive (Lot 20, Tract No. 30571
within a gated community identified as "The Country
Estates:" The project site is irregular shaped rectangie approximately -62,303 gros
square feet (1.43 acres) sloping down toward the rear
property line. According to the Tract Map, the project site does not contain ar
easements or restricted use areas.
(b) The project site has a General Plan land use designation of Rural Residential (RF
Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size 40,00
Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone.
(d) Generally, the following zone and use surround the project site: to the north, sout
and west is the R-1-40,000 Zone; and to the east is the boundary line for Sa
Bernardino County.
(e) The Application request is to demolish an existing two-story singlefamily residenc
of approximately 4,000 square feet and construct a two-story single-famil
residence with a basement, six -car garage, balconies and patio totalin
approximately 14,800 square feet. The request also includes swimmin
pool/spa, gazebo with barbecue,
tennis court with fencing and lighting and retaining walls within _,. rear/side and front yards wit
a maximum exposed six-foot height.
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Development Review
(f) The design and layout of the proposed development is consisi
the applicable elements of the City's General Plan, City with
Guidelines, and development standards of the applicable
design guidelines, and architectural criteria for special (e.g.,
theme areas, specific plans, community plans, boulev
planned developments). °
The project site, an existing let contains a two-story single
residence Of approximately 4,000 square feet, that will be
demc in order to construct the proposed project. The project
site is Ic within an existing subdivision and gated community
that was ci prior to the City's incorporation. The present use of
the project single-family residential and with the approval and e
construction proposed project, the project site will continue to is
be utilized for: family residentiaG
On July 25, 1995, the City adopted its General Plan. Althougt the
Tract was established prior to the General Plan's adoption, it
com, with the General Plan land use designation of RR -
Maximum 1 DI since the project site is 1.43 gross acres.
Additionally, the prop( project complies with the General Plan
objectives and strategies the City's Design Guidelines related to
°
maintaining the integrit residential neighborhoods and open
space. Furthermore, proposed project is compatible with the
eclectic architectural s, colors and material of other homes
(g) The design and layout of the proposed development will not interf re with
the use and enjoyment of neighboring existing or fut re development
and will not create traffic or pedestrian hazards.
The project site is currently utilized for a single-family residence
6 will continue as such with the construction of the proposed
projE The proposed project is consistent with othersingle-family
residenc established within "The Country Estates". As such, the
propos project is not expected to interfere with the use and
enjoyment neighboring existing or future development. The
project site is 1. acres and is large enough to accommodate the
proposed project designed. The proposed residence is not
expected to create traffic pedestrian hazards due to that fact that
the use was planned with t tract's original approval and will
remain a single-family residenc Additionally, Falcons View
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established to handle minimum traffic created by this type of
development. Furthermore, this street and all other streets within
"The Country Estates" are private streets managed and maintained
by the homeowners association within this gated community.
(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
The proposed project's architectural style (as referred to in
application) is French. Prominent architectural features include the
style and arrangement of the windows, varied planes utilized on the
front and rear elevation and the front entry. Color scheme and
construction materials are consistent and compatible with the
eclectic architectural style, materials and colors of other homes
within "The Country Estates. " Therefore, the proposed project is
consistent with and will maintain and enhance the harmonious,
orderly and attractive development contemplated by Chapter
22.48.20, the General Plan, and City Design Guidelines.
Additionally, there is not a specific plan for this area.
(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 colorslmaterials 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 and 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
comply with all conditions within the approved resolution and the Building
Safety Division, Public Works Division, and Fire Department requirements. 7
referenced agencies through the permit and inspection process will ensure tj
the proposed project is
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not detrimental to the public health, safety or welfare or mat rially injurious to the properties or
improvements in the vicinity.
(k) The proposed project has been reviewed in compliance wit the provisions of the California
Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Qualit Act
(CEQA), Section 15303(x), the City has determined that the project
identified above in this Resolution is categorically exe pt.
Furthermore, the categorical exemption reflects the independent
judgement of the City of Diamond Bar.
Minor Conditional Use Permit
(1) The proposed use is allowed within the subject zoning district wit the
approval of a Minor Conditional Use Permit and complies wit1- all
other applicable provisions of the Development Code and Ithe
Municipal Code;
Pursuant to Development Code Section 22.20.090- Fences, He,
and Walls, the maximum height of a wall located in the rear
interior side yard in six feet. However, the Hearing Officer/Plan
Commission in this case may waive or modify this standard thrc
the Minor Conditional Use Permit process. The walls for the to
court are proposed at a maximum height of six feet. In most ca
additional fencing is required to contain the tennis balls within
court area. For the proposed project, the applicant proposes ci
link fencing on top of the wall for a total height of 10 feet. Theret
the total height of the wall and fencing will not exceed 10 feet.
proposed tennis court is an allowed accessory use in the R-1-
40, zoning district with the approval of a Minor Conditional Use
Pe, and as amended within this resolution will comply with all of
applicable provisions of the Development Code and Municipal
Cc
;m) The proposed use is consistent with the General Plan and - applicable specific plan;
As mentioned above in Item (f), the entire project is consistent h
the General Plan. There is not a specific plan applicable to t
project.
(n) The design, location, size and operating characteristics of tl proposed
use are compatible with the existing and future land uses the
vicinity;
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As mentioned above in item (g) and (h), the entire project as
designed, located, size and operating characteristics of the proposed
single-family residence with tennis court are compatible with the
existing and future land uses in the vicinity as conditioned within this
resolution.
(o) The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
The density of the project site is set forth by the General Plan which is one
dwelling unit per acre and the zoning district which is R-1-40,000.
The project site is 1.43 acres and is consistent with the density set
forth by the General Plan and zoning district. The proposed project is
common and consistent with most single-family residences within the
gated community identified as 'The Country Estates." Therefore, the
project site is physically suitable for the type and densitylin tensity of
use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
(p) Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property
is located; and
For the reasons referenced above in Items (f) through (o), granting the
Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property
is located.
(q) 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
QualityAct (CEQA), Section 15303(x), the City has determined that
this project is categorically exempt.
5. Based on the findings and conclusions set forth above, the Planning Commission
hereby approves the Application subject to the following conditions:
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, sections, final landscape/irrigation plan, and
9
colors/materials board collectively labeled as Exhibit "A"
November 12, 2002, as submitted and approved by the PI
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 one
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collec
ion, transportation, and disposal of solid waste from reside itial,
commercial, construction, and industrial areas within the City. It hall
be the applicant's obligation to insure that the waste contractor util
zed 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 subniit a
final landscape/irrigation plan for the City's review and approval. aid
plan shall delineate plant species, size, quantity and location. All
landscaping/irrigation shall be installed prior to the project's f nal
inspection or Certificate of Occupancy issuance.
(d) Prior to construction, the applicant shall install temporary
fencing pursuant to the building and Safety Division's n
along the project perimeter.
(e) All retaining walls/walls shall not exceed an exposed height of six
except retaining walls/walls within the front yard setback shall
exceed 42 inches in height.
(f) The tennis court shall be moved five feet to the west, th
maintaining a 25 -foot setback from the rear property
Additionally, tennis court lighting shall comply with Section
22.16.050. E. as follows:
(1) Light fixtures shall not be located closer than 10 feet to
adjacent property line and not located more than 18 feet f
the court surface;
poles shall have a five-foot extension arm, wl complies with Code;
(3) The fixtures shall be shielded in a manner that completely c
off light source when viewed from any point five feet or m
beyond the property line;
lent light level at a property line shall not exceed o footcandle measured from grade at a 12 -
foot height;
M
(5) Incident light level upon any habitable building on an adjacent
property shall not exceed .05 footcandle;
(6) In the event that the illuminated court surface is visible from
another parcel, it shall be treated with a low reflecting,
darkcolor; and
(7) Tennis court lighting shall not be operated between 10:00 p.m.
and 7:00 a.m. on weekdays and between 11:00 p.m. and
7:00 a.m. on Saturdays and Sundays.
(g) Wet bars shall not contain kitchen or other cooking facilities (i.e.,
cooking stoves with or without an oven, hot plates, kitchen sink,
cabinets an appurtenant plumbing, microwave or convection oven,
etc.)
(h) Prior to the issuance of any City permits, the applicant shall submit a
precise grading plan, prepared by a civil engineer, licensed by the
State of California, in accordance with the City's grading
requirements for the City's review and approval. The precise
grading plan shall delineate the following:
(1) Cut and fili quantities with calculations; (2) Existing and
proposed topography;
(3) Flow lines and drainage/drainage outlets; (4) Finish surface and
finished grade; and
(5) Retaining wall elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated.
(i) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical report shall reference the stability of the retaining walls to
withstand pressure of the retained soils.
(j) Applicant shall obtain a Rough Grade and Fine Grade Certification prior
to the project's final inspection.
(m) Slope of the proposed driveway shall not exceed 15 percent and shall
obtain Fire Department approval.
(k) 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) The applicant shall make a new application for sewer connectio with the
Los Angeles County Department of Public Works an the Sanitation
District.
(m) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
engineer.
(n) The proposed residence shall comply with the State
Conservation Standards.
(o) Surface water shall drain away from the proposed residence at
percent minimum slope.
(p) The proposed single-family residence is located within "high fire and
shall meet all requirements of said zone.
(1) All roof covering shall be "Fire Retardant." Tile roof sh II be fire
stopped at the eaves to preclude entry of the flame or
members under the fire.
unenclosed under -floor areas shall be constructe as exterior walls.
(3) All openings into the aftic, floor and/or other enclosed a eas shall
be covered with corrosion -resistant wire mesh not less than
1/4 inch or more than 1/2 inch in dimension except w ere
such openings are equipped with sash or door.
iimneys shall have spark arrests of maximum 1/2 nch screen.
(q) Plans shall conform to State
and Local
Building
Code (i.e.,
2-001
Uniform Building Code,
Uniform
Plumbing
Code,
Uniform
Mecha_,-fical Code, and
the 2001
National
Electrical
Code)
(r) Construction plans shall be engineered to meet wind load - of 80 M.P.H.
with a "C" exposure.
(s) All balconies shall be designed for a 40 -pound per square foot load.
(t) Prior to the issuance of any construction permits, the applicant :
submit construction plans to the Los Angeles County Fire
Departn for review and approval.
(u) The single-family residence shall not be utilized in a manner
creates adverse effects (i.e., significant levels of dust, glare/ii
noise, odor, traffic, or other disturbances) upon the
01
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
commerciaU 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.
(v) The Applicant 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 must be completed and recorded with the
Los Angeles County Recorder's Office prior to the issuance of a
building permit.
(w) Prior to the issuance of any City permits, the site septic system must
be reviewed and approved by the Los Angeles County Health
Department, the City's Public Works and Building and Safety
Divisions. In addition, the applicant shall sign the City's Covenant
and Agreement for commitment to not protest the formation of an
improvement district for the installation of sanitary sewers and
agreemeiit to pump/empty septic tanks on at least a monthly basis.
(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 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 remainirig 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
1
applicant shall also pay to the Department of Fish and Gam- any such
fee and any fine which the Department determines to be oVrved.
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:
Dr. and Mrs. Sanjay Chauhan, 23980 Falcons View C Diamond
Bar, CA 91765, and Jerry Yeh, Horizon Pa 2707 Diamond Bar
Blvd., #202, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 12TH OF NOVEMBER 2002, BY PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR. E
BY: /r Joe Ru-icka, airman
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 1
day of November 2002, by the following vote:
AYES: Nolan, V/C Tye, Nelson, Tanaka, C/Ruzicka NOES:
None
ABSENT: None
ABSTAIN: None
ATTEST:
5ecretary
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