HomeMy WebLinkAboutPC 2003-02' PLANNING COMMISSION
RESOLUTION NO. 2003-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-25,
MINOR CONDITIONAL USE PERMIT NO. 2002-16, TREE PERMIT
NO. 2003-01 AND CATEGORICAL EXEMPTION 15301(e), A
REQUEST TO REMODEL AND ADD APPROXIMATEL 6,446
SQUARE FEET TWO STORY WITH BASEMENT TO AN EX STING
3,392 SQUARE FEET LEGAL NONCONFORMING ONE TORY
SINGLE-FAMILY RESIDENCE WITH A TOTAL FIVE -CAR G RAGE,
SITE RETAINING WALLS WITH A MAXIMUM EXPOSED HEI HT OF
SEVEN (7) FEET, AND SWIMMING POOL. A TREE PERMIT IS
REQUIRED FOR THE REMOVAL AND REPLACEMENT O TWO
WALNUT TREES. THE PROJECT SITE IS LOCAT D AT
2601 WAGON TRAIN LANE (LOT 49 OF TRACT NO. 0578),
DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Karambir Bhullar, and applicant, S & W Developent
have filed an application to approve Development Review No. 200 -25,
Minor Conditional Use Permit No. 2002-16, and Tree Permit N .2003-0 , for
a property located at 2601 Wagon Train Lane, Diamond Bar Los An eles
County, California and part of the gated development ide tified as The
Country Estates, as described in the title of this Resolution. lereinaftr in
this Resolution, the subject Development Review and Categori al Exem tion
shall be referred to as the "Application."
2. On January 15, 2003, property owners within a 500 -foot radius of the project
site were notified by mail. On January 17, 2003, notification of the p blic
hearing for this project was made in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a
display board was posted at the site and displayed for at least 10 cays
before the public hearing; as well as three other posted within he vicini y of
the application.
3. On January 28, 2003, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder. This is pursuant to Section 15301(e) of Article 19
of Chapter 3, Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a parcel at 2601 Wagon Train Lane (Lot 49 of
Tract No. 30578), Diamond Bar, CA, within the gated community
identified as The Country Estates. The project site is approximately
.87 gross. A Restricted Use Area is at the rear of the property.
However, the proposed habitable structure is not within this area. The
lot is pie shaped and slopes downward from Wagon Train Lane to the
rear of the property.
(b) The General Plan Land Use designation is Rural Residential (RR), 1
du/acre. The project site is zoned Single -Family Residence, R-1-
20,000.
(c) The subject site is surrounded by the R-1-20,000 Zone.
(d) The application is a request to remodel and add approximately 6,446
square feet two story with basement to an existing 3,392 square feet
legal nonconforming one story single-family residence with a total five -
car garage, site retaining walls with a maximum exposed height of
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seven (7) feet, and swimming pool. A Tree Permit is required f�r the
removal and replacement of two walnut trees.
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DEVELOPMENT REVIEW
(e) The design and layout of the proposed development Ore consi tens
with the General Plan, development standards of the applicable
district, design guidelines, and architectural criteria for specia ized
area (e.g., theme areas, specific plans, community plans, boulevards,
or planned developments.)
The project site, currently developed with a single-farr
was established before the adoption of the City's Gen
current Development Code. The adopted General Pl.
1995, has a land use designation of Rural ResideriN
The current application has been designed in accord,
development standards for the R-1-20,000 Zone a,
Hillside Management Ordinance, it complies with the C
Plan objectives and strategies related to maintaining h
residential neighborhoods and open space, the current
Development Code, and the City's Design Guidelines.
specific plan.
The existing structure was built using the Development
the Los Angeles County Code prior to the City's incorpi
considered a legal nonconforming structure. Per
Development Code, the Planning Director or his di
approve proposed projects providing that the ,
improvements are less than 50% of the existing square
site coverage is no more than 30 percent, that the projec
applicable provisions of the Development Code, and the
of new construction do not exceed the applicable h,
encroach further into the setbacks than the comparabl
the existing structure where the nonconformity exists. - In
nonconformity is in the front.
The proposed project conforms to applicable provis
Development Code, the site coverage is less than 30 pd
comparable with the existing neighborhood, and it meets
height limitations and does not encroach further into ti
than the existing structure in the front or side. Though tl
project is more than 50 percent of the existing square
concurrent application has been made with findings bo
approval of a Minor Conditional Use Permit.
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al Plan and
► of Jul 25,
(1 du/acre).
ice wiff the
f the i;V's
e integri of
Wamond Bar
There is no
3tandarc s of
ration ar d is
the cur -ent
signee may
dditions or
footage, the
conforms to
exterior fir 7its
fight limi or
portion of
'his case the
ons of he
rcent and is
rhe requi ed
w setba ks
e propoTe
d
footaga
low for
The terrain in the vicinity of Wagon Train Lane is hilly. The proposed
two-story application is not considered an impact to the view corridor
of surrounding properties.
{f) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards.
Shadow Canyon Drive, Steeplechase Lane, and Wagon Train Lane
adequately serve the project site. These streets are designed to
handle minimum traffic created by residential development.
The project site is currently developed with a single-family residence.
The proposed reconstruction/remodeling does not change the existing
use of a single-family residence. Although the proposed addition
enlarges the existing residence, and is a two-story structure, it meets
the 35 feet height limitation per the Development Code. The structure
is not expected to unreasonably interfere with the use and enjoyment
of neighboring existing or future development with regard to view or
traffic.
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
The proposed project's design is compatible with the eclectic
architectural style of other homes within The Country Estates and is
consistent with the City's Design Guidelines and Development Code.
Per the architect, the proposed project's architectural style is a
Mediterranean design. The project's architectural features include the
use of two-story foyer with single story porch with columns and
second story decorative windows, decks, balconies, and patios with
wrought iron balustrade, and layering of materials and finishes via
multi-levels of roof lines with multicolored Zorro Blend tile, stucco, and
Ledgestone accents to add texture and contrast.
Additionally, the colors and materials utilized are compatible with the
homes within the surrounding area. The applicant has obtained the
approval of the architectural committee of The Country Estates.
(h) The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
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A project colors/materials board is provided. The colors, mat rials,
and textures proposed are complimentary to the existing homes i Whir
the area while offering variety and low levels of maintenance.
(i) The proposed project will not be detrimental to the 'public hc alth,
safety, or welfare or materially injurious (e.g., negative affe t on
property values or resale(s) of property) to the Iproperties or
improvements in the vicinity.
City permits, inspections and soils reports are requirea for
construction and will ensure that the finished project will nc t be
detrimental to the public health, safety, or welfare, , or mate Tally
injurious to the properties or improvements in the vic pity.
Additionally, a Covenant and Agreement is required and runs wit the
land to maintain a single-family residence.
The addition of square footage to the main structure follows the fil a of
the existing structure in the front, and maintains a 3 feet he ght;
therefore, the proposed application has no negative affect orimpa t to
the view corridor of surrounding properties.
Q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act ( EQA).
The environmental evaluation shows that the proposed proje t is
categorically exempt pursuant to the guidelines of toe California
Environmental Quality Act of 1970 (CEQA), Sections 1 301(e).
NONCONFORMING STRUCTURES
(k) The addition, enlargement, extension, reconstruction, relocatior or
structural alteration of the nonconforming structure would not resu t in
the structure becoming incompatible with other structures in the
neighborhood.
As stated in Item (g), the proposed project is compatible with
structures in the vicinity. Many structures in thecinity
remodeled and added the second -story and increased s
footage.
The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would) not result in
the structure becoming inconsistent with the General Ilan or any
applicable specific plan.
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As stated in items (e) and (g), the proposed project is consistent with
the City's General Plan objectives and strategies, Chapter 22.48 of
the Development Code, and City Design Guidelines.
{m) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming a restriction to the eventual/future compliance
with the applicable regulations of this Development Code.
The existing parcel was approved by Tract Map No. 30578, Lot 49, on
April 23, 1969, as .87 acres. The existing structure was completed
under the Los Angeles County Code and met the required setbacks of
that Code prior to the City's incorporation. The current Diamond Bar
Development Code requires minimum lot size as i du/acre in Rural
Residential Zone (RR). The front setback for this zone has changed
from the Los Angeles County Code of 20 feet to 30 feet. The
application is considered a nonconforming parcel and structure.
These are defined as any parcel or structure that was legally created
or constructed prior to the adoption of the current Diamond Bar
Development Code adopted November 3, 1998, and which does not
conform to current Code provisions/standards prescribed for the
zoning district in which the use is located. The proposed project
conforms to the other applicable provisions of this Development Code
and the exterior limits of the new construction do not exceed the
applicable height limit or encroach further into the setbacks than the
comparable portions of the existing structure in the front where the
nonconformity exists. No further nonconfomling status of this parcel
is anticipated.
(n) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming detrimental to the health, safety, and general
welfare of persons residing in the neighborhood.
City permits, inspections and soils reports are required for
construction and will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity. Additionally,
a Covenant and Agreement is required and runs with the land to
maintain a single-family residence.
(o) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming detrimental and/or injurious to property and
improvements in the neighborhood.
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' As stated in Items (e -h), the architectural design of the pro osed
development is compatible with the characteristics of the surrounding
neighborhood and will maintain the harmonious, orderly and attrz ctive
development contemplated by Chapter 22.48, the General Plan City
Design Guidelines, or any applicable specific plan.
Also, as stated in Item (i), City permits, inspections and soils reports
are required for construction and will ensure that the finished p ject
will not be detrimental to the public health, safety, r welfar , or
materially injurious to the properties or improvements n the vicinity.
MINOR CONDITIONAL USE PERMIT
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(p) The proposed use is allowed within the subject -zoning c istrict witti the
approval of a Minor Conditional Use Permit and co plies with all
other applicable provisions of this Development Code and the
Municipal Code.
As stated in Items (e -o), the proposed use is allowed i
district and complies with all other applicable pr
Development Code and Municipal Code.
(q) The proposed use is consistent with the General
applicable specific plan.
As stated in Item (e), the proposed use is consistent
Plan and any applicable specific plan.
(r} The design, location, size and operating cha
proposed use are compatible with the existing and
the vicinity.
As stated in Items (e -o), the design, location, size, etc.,
with the existing and future land uses in the vicinity.
iin the zo iing
cions of the
an and any
the Gen giral
;tics of the
land use in
(s) The subject site is physically suitable for the type and den ity/intE
of use being proposed including access, provisions of util
compatibility with adjoining land uses, and the absence,of phy
constraints.
As stated in items (e -o), the subject site is physically sui able for
type and density/intensity of use being proposed incluc ing acof
provisions of utilities, compatibility with adjoining land uses, and
absence of physical constraints.
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(t) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to person, property or improvements in the vicinity
and zoning districts in which the property is located.
City permits, inspections and soils reports are required for
construction and will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Covenant and Agreement is required and runs with the
land to maintain a single-family residence.
The addition of square footage to the main structure follows the line of
the existing structure in the front, and maintains a 35 feet height;
therefore, the proposed application has no negative affect or impact to
the view corridor of surrounding properties.
Additionally, the colors and materials utilized are compatible with the
homes within the surrounding area. The applicant has obtained the
approval of the architectural committee of The Country Estates.
(u) 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 Quality Act of 1970 (CEQA), Sections 15301(e).
TREE PERMIT
(v) Preservation of the existing walnut trees is not feasible and would
compromise the property owner's reasonable use and enjoyment of
property. Surrounding land and appropriate mitigation measures will
be implemented in compliance with Section 22.38.130.
The applicant has submitted that the development requires the
removal of two walnut trees. A 3:1 replacement shall be required
pursuant to the Development Code. Many homes within The Country
Estates have remodeled and requested Tree Permits. Therefore,
preservation of these trees would compromise the property owner's
reasonable use and enjoyment of his property.
5. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
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(a) The project shall substantially conform to site plan, floor p
lans,
elevations, and materials/colors board collectivel labeled
as
Exhibit "A" dated January 28, 2003, as submitted as amended
herein.
(b) The subject site shall be maintained in a condition that is fr
a of
debris both during and after the construction, addition,
or
implementation of the entitlement granted herein. Thel removal
of all
trash, debris, and refuse, whether during or s bseque
t to
construction, shall be done only by the property owner, Applicant
Dr by
duly permitted waste contractor, who has been authori2 ed by thE
City
to provide collection, transportation, and disposal of so id waste
Irom
residential, commercial, construction, and industrial areas withir
i the
City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamonc
Bar
to provide such services.
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PUBLIC WORKS/ENGINEERING
(c) Applicant shall submit a soils report if required for
improvements to be reviewed and approved by the C
(d) Applicant shall follow special requirements as required by the ity
Engineer for construction in a Restricted Use Area. No ortion o the
habitable structure shall be located in the Restricted Use Area arid a
Covenant and Agreement to construct in a Restricted U e Area s all
be recorded and returned to the City prior to the iss ante of any
grading or retaining wall permits.
(e) A grading and retaining wall plan shall be required. In accords ce
with the City's grading requirements, the grading plan shall be
reviewed and approved by the City before the issuance of a grac ing
permit. On a grading plan the following shall be delineated:
1. Protected/Preserved species of trees and fer
requirements.
2. Cut and fill quantities and earthwork calculations and e:
location;
2. All flow lines, finished surfaces, and finished grades;
3. Proper drainage with detailed sketches, surface water
drain away from the building at a 2% minimum s! pe;
4. Proposed and existing grades;
5. Sign/stamped by a civil engineer, geotechnical engineer
geologist;
6. Clearly delineate all easements (i.e. Flood Hazard A
Restricted Use Area and Recreation Easements);'
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7. Retaining walls shall not be constructed of wood or wood
products;
8. Retaining walls shall be required to be ornamental by using
stucco or decorative block;
9. Engineered calculations shall be submitted with retaining walls
(APWA Standard is not applicable);
10. Indicate retaining wall locations on grading plan with standard
detail and delineate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall not exceed six
feet;
11. All grading shall be subject to Development Code
Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise);
12. Hydrology calculations showing capacity of proposed drainage
devices as well as existing drainage structures on site shall be
reviewed and approved by Public Works Division;
13. Railings atop retaining walls holding a fill shall not exceed a
maximum height of 42 inches.
(f) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
(g) Before the issuance of any City permits, erosion control plans shall be
submitted to the Public Works Division for the City's review and
approval. Measures shall be in place for construction started after
September 15, through April 15. 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.
(h) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
minimum slope.
BUILDING AND SAFETY
(i) The Applicant shall provide temporary sanitation facilities while under
construction.
(j) A permit for demolition shall be obtained from the South Coast Air
Quality Management District.
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PLANNING
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(k) Applicant shall submit an application to the Walnut Valley ate
District as necessary, and submit their approval to the Buildin and
Safety Division prior to the issuance of building permi*
(1) The single-family structure shall meet the 2001 California Building
Codes.
(m) This single-family structure shall meet the State Energy Conservation
Standards.
(n) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(o) Smoke detectors shall be provided in all sleeping rooms.
(p) Prior to the issuance of any construction permits, the pplicant hall
submit construction plans to the Los Angeles County Fi Depart ent
for review and approval.
(q) Due to the site's topography, applicant shall comply with special
design requirements as specified in the California Building Code,
Section 18.4.3, building setback, top and toe of slopes
(r) The Applicant shall comply with the requirements4blic
f the Fire
Department; City Planning, Building and Safety, and W rks
Divisions.
(s) A total of six 36 -inch box replacement trees shall be planted on site
for the replacement of two walnut trees of good health being removed
should those trees be of the Juglans California variety as certified by
arborist. The six replacement trees shall be of the native variety from
preserved species list: Sycamore, Arroyo Willow, Oak, or Wal A
Otherwise, no mitigation will be necessary for the re oval oft he
Juglans nigra or Juglans regia currently on site.
(t)
A final landscape/irrigation plan shall be submitted with the type of
planting materials, color, size, quantity and location incluc ing
proposed sites for the planting of protected/preserved trees And
additional species to mask the height of the rear seven (7) of
retaining wall. The landscaping/irrigation shall be installed or repla ed
prior to the Planning Division's final inspection or Certificate of
Occupancy issuance. Any walls, gates, fountains, etc. that may be
proposed within the front setback shall not encroach into street's
dedicated easement or exceed a maximum 42 inches in height.
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(u) Maximum height of the structure shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline. Evidence of compliance with this requirement may
require a height survey at completion of framing.
(v) The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise, odor,
traffic, or other disturbances to the existing residential neighborhood
and shall not result in significantly adverse effects on public services
and resources. The single-family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
(w) The owner 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's Recorder's Office prior to the issuance of a building
permit.
(x) This grant is valid for two (2) years and shall be exercised
(i.e., construction) within that period or this grant shall expire. A one -
(1) year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(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 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.
(z) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore,
if this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
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The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, b
to Karambir Bhullar, 314 N. San Dimas Avenue, &�
91773, and S & W Development (Simon Shum and Rc
20272 Carre.y Road, Walnut, CA 91789.
APPROVED AND ADOPTED THIS 28th DAY OF JANUARY 2003, BY TH
COMMISSION OF THE CITY OF DIAMOND BAR.
By: l c�
J e Ruzick , C irman
,cen
n Di
Jel L
mail
CA
an),
- PLANNING
I, James DeStefano, Planning Commission Secretary, do hereby certify that the i
Resolution was duly introduced, passed, and adopted, at a regular meeting o f the
Commission held on the 28th day of January 2003, by the following vote:
AYES: Commissioners Nelson, Tanaka, Nolan, WC Tye, C/R zick
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 2003-02
A. RECITALS
A RESOLUTION OF THE PLANNING COMMISSION OF THE OITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2002-25, MINOR CONDITIONAL USE PERMIT NO. 2002-16, TREE
PERMIT N0.2003-01 AND CATEGORICAL EXEMPTION 153011(e), A
REQUEST TO REMODEL AND ADD APPROXIMATEL 6,446
SQUARE FEET TWO STORY WITH BASEMENT TO AN EX STING
3,392 SQUARE FEET LEGAL NONCONFORMING ONE TORY
SINGLE-FAMILY RESIDENCE WITH A TOTAL FIVE -CAR G RAGE,
SITE RETAINING WALLS WITH A MAXIMUM EXPOSED HEI HT OF
SEVEN (7) FEET, AND SWIMMING POOL. A TREE PERMIT IS
REQUIRED FOR THE REMOVAL AND REPLACEMENT 0 TWO
WALNUT TREES. THE PROJECT SITE IS LOCAT D AT 2601
WAGON TRAIN LANE (LOT 49 OF TRACT NO. 0578), DIAMOND
BAR, CALIFORNIA.
1. The property owner, Karambir Bhullar, and applicant, S & W Develop
have filed an application to approve Development Review No. 200
Minor Conditional Use Permit No. 2002-16, and Tree Permit No. 2003- f
C a property located at 2601 Wagon Train Lane, Diamond Bar Los
Ani County, California and part of the gated development ide tified as
Country Estates, as described in the title of this Resolution. ereinaf r
this Resolution, the subject Development Review and Categori al
Exem shall be referred to as the "Application."
2. On January 15, 2003, property owners within a 500 -foot radius of the pi
site were notified by mail. On January 17, 2003, notification of the F
hearing for this project was made in the San Gabriel Valle Tribune
Inland Valley Daily Bulletin newspapers; and a notice of public
hearing display board was posted at the site and displayed for at least a
10 before the public hearing; as well as three other posted within I he o
vicin the application.
3. On January 28, 2003, the Planning Commission of the City of
conducted a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified above
in this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated thereunder. This is pursuant to Section 15301(e) of Article 19
of Chapter 3, Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is
no evidence before this Planning Commission that the project proposed
herein will have the potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon substantial
evidence, this Planning Commission hereby rebuts the presumption of
adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
(a) The project relates to a parcel at 2601 Wagon Train Lane (Lot 49 of
Tract No. 30578), Diamond Bar, CA, within the gated community
identified as The Country Estates. The project site is approximately
.87 gross. A Restricted Use Area is at the rear of the property.
However, the proposed habitable structure is not within this area.
The lot is pie shaped and slopes downward from Wagon Train Lane
to the rear of the property.
(b) The General Plan Land Use designation is Rural Residential (RR), 1
du/acre. The project site is zoned Single -Family Residence, R-
120,000.
(c) The subject site is surrounded by the R-1-20,000 Zone.
(d) The application is a request to remodel and add approximately 6,446
square feet two story with basement to an existing 3,392 square feet
legal nonconforming one story single-family residence with a total
fivecar garage, site retaining walls with a maximum exposed height of
2
Seven (7) feet, and swimming pool. A Tree Permit is required fdr the removal and replacement of two
Nalnut trees.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development
with the General Plan, development standards of
district, design guidelines, and architectural criteria
area (e.g, theme areas, specific plans, community
plai or planned developments.)
The project site, currently developed with a single -fan ily residence,
was established before the adoption of the City's Gen ral Plan and
current Development Code. The adopted General PI n of Jul 25,
1995, has a land use designation of Rural Residenti 1 (1 duly re).
The current application has been designed in accord nce wit the
development standards for the R-1-20,000 Zone aid the City's
Hillside Management Ordinance, it complies with the ity's Ge eral
Plan objectives and strategies related to maintaining t tie integri of
residential neighborhoods and open space, the current iamon Bar
Development Code, and the City's Design Guidelines. There i no
specific plan.
The existing structure was built using the Development tandar of the
Los Angeles County Code prior to the City's incorp ration a is
considered a legal nonconforming structure. Per the cur ent
Development Code, the Planning Director or his designee ay
approve proposed projects providing that the dditions or
improvements are less than 50% of the existing square footage, the
site coverage is no more than 30 percent, that the projec conform to
applicable provisions of the Development Code, and the xteriorli its
of new construction do hot exceed the applicable height limi or
encroach further into the setbacks than the comparabl portion of the
existing structure where the nonconformity exists.. In his case he
nonconformity is in the front. ,
The proposed project conforms to applicable provisions of he
Development Code, the site coverage is less than 30 p rcent an is
comparable with the existing neighborhood, and it meets the requi
ad height limitations and does not encroach further into tile setba ks
than the existing structure in the front or side. Though t e proposed
project is more than 50 percent of the existing square footage a
concurrent application has been made with findings below for e
approval of a Minor Conditional Use Permit.
K3
The terrain in the vicinity of Wagon Train Lane is hilly. The proposed
two-story application is not considered an impact to the view corridor
of surrounding properties.
(f) The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future development,
and will not create traffic or pedestrian hazards.
Shadow Canyon Drive, Steeplechase Lane, and Wagon Train Lane
adequately serve the project site. These streets are designed to
handle minimum traffic created by residential development.
The project site is currently developed with a single-family
residence. The proposed reconstructionlremodeling does not
change the existing use of a single-family residence. Although the
proposed addition enlarges the existing residence, and is a two-
story structure, it meets the 35 feet height limitation per the
Development Code. The structure is not expected to unreasonably
interfere with the use and enjoyment of neighboring existing or
future development with regard to view or traffic.
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan,
City Design Guidelines, or any applicable specific plan.
The proposed project's design is compatible with the eclectic
architectural style of other homes within The Country Estates and is
consistent with the City's Design Guidelines and Development
Code. Per the architect, the proposed project's architectural style is
a Mediterranean design. The project's architectural features include
the use of two-story foyer with single story porch with columns and
second story decorative windows, decks, balconies, and patios with
wrought iron balustrade, and layering of materials and finishes via
multi-levels of roof lines with multicolored Zorro Blend tile, stucco,
and Ledgestone accents to add texture and contrast.
Additionally, the colors and materials utilized are compatible with the
homes within the surrounding area. The applicant has obtained the
approval of the architectural committee of The Country Estates.
(h) The design of the proposed deveiopment 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.
C!
A project colorslmaterials board is provided. The colors, mat and
textures proposed are complimentary to the existinp homes the
area while offering variety and low levels of maintenance.
(i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., nega-ive affect on
property values or resafe(s) of property) to the Ipropertie or
improvements in the vicinity.
City permits, inspections and soils reports are require for construction and
will ensure that the finished proje t will n t be detrimental to the
public health, safety, or welfare, or mate Tally injurious to the
properties or improvements in the vic nity. Additionally, a Covenant
and Agreement is required and runs wit the land to maintain a single-
family residence. '
The addition of square footage to the main structure follows the fine
of the existing structure in the front, and maintains a 3 feet he ght;
therefore, the proposed application has no negative affe t orimpa t
to the view corridor of surrounding properties.
Q) The proposed project has been reviewed in compliance with the provisions of the California
Environmental Quality Act ( EQA).
The environmental evaluation shows that the propos d project is
categorically exempt pursuant to the guidelines of the Califo nia
Environmental Quality Act of 1970 (CEQA), Sections 1301 (e).
NONCONFORMING STRUCTURES ,
(k) The addition, enlargement, extension, reconstruction, elocatio or structural
alteration of the nonconforming structure woul not result in the
structure becoming incompatible with other structures in Rbe
neighborhood. I
As stated in Item (g), the proposed project is compatibfe with
structures in the vicinity. Many structures in the vicinity
remodeled and added the second -story and increased s
footage. ,
(1) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure wouldl not resul in
the structure becoming inconsistent with the General Ilan or y
applicable specific plan. ,
61
As stated in Items (e) and (g), the proposed project is consistent with
the City's General Plan objectives and strategies, Chapter 22.48 of the
Development Code, and City Design Guidelines.
(m) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming a restriction to the eventuaUfuture compliance
with the applicable regulations of this Development Code.
The existing parcel was approved by Tract Map No. 30578, Lot 49,
on April 23, 1969, as .87 acres. The existing structure was
completed under the Los Angeles County Code and met the
required setbacks of that Code prior to the City's incorporation. The
current Diamond Bar Development Code requires minimum lot size
as 1 dulacre in Rural Residential Zone (RR). The front setback for
this zone has changed from the Los Angeles County Code of 20 feet
to 30 feet. The application is considered a nonconforming parcel and
structure. These are defined as any parcel or structure that was
legally created or constructed prior to the adoption of the current
Diamond Bar Development Code adopted November 3, 1998, and
which does not conform to current Code provisionslstandards
prescribed for the zoning district in which the use is located. The
proposed project conforms to the other applicable provisions of this
Development Code and the exterior limits of the new construction do
not exceed the applicable height limit or encroach further into the
setbacks than the comparable portions of the existing structure in
the front where the nonconformity exists. No further nonconforming
status of this parcel is anticipated.
(n) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming detrimental to the health, safety, and general
welfare of persons residing in the neighborhood.
City permits, inspections and soils reports are required for
construction and will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Covenant and Agreement is required and runs with
the land to maintain a single-family residence.
(o) The addition, enlargement, extension, reconstruction, relocation or
structural alteration of the nonconforming structure would not result in
the structure becoming detrimental and/or injurious to property and
improvements in the neighborhood.
0
As stated in Items (e -h), the architectural design of the pro osed
development is compatible with the characteristics of the surrou
ding neighborhood and will maintain the harmonious, orderlyand
attractive development contemplated by Chapter22.48, the General
Plan City Design Guidelines, or any applicable specific plan. '
Also, as stated in Item (i), City permits, inspections an -/ soils re orfs
are required for construction and will ensure that the fioished p ject will not be detrimental
to the public health, safety, 'r welfar, or materially injurious to the properties or
improvements n the vic ity. MINOR CONDITIONAL USE PERMIT
(p) The proposed use is allowed within the subject -zoning istrict wit the
approval of a Minor Conditional Use Permit and co plies wit all other
applicable provisions of this Development C de and the Municipal
Code.
As stated in Items (e -o), the proposed use is allowed within the zo
.ing district and complies with all other applicable provsions of the
Development Code and Municipal Code.
(q) The proposed use is consistent with the General Plan and any applicable specific plan. ,
As stated in Item (e), the proposed use is consistent witl- the Gen rai Plan
and any applicable specific plan.
(r) The design, location, size and operating characteristics of he proposed
use are compatible with the existing and future land use in the
vicinity.
As stated in Items (e -o), the design, location, size, etc.,
with the existing and future land uses in the vicinity.
(s) The subject site is physically suitable for the type and deity of
use being proposed including access, provisions of
compatibility with adjoining land uses, and the absenc of
constraints. ,
As stated in Items (e -o), the subject site is physically suable for
type and densitylin tensity of use being proposed inclu ing accs
provisions of utilities, compatibility with adjoining land u es, and
absence of physical constraints. i-
rA
(t) Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or materially
injurious to person, property or improvements in the vicinity and zoning
districts in which the property is located.
City permits, inspections and soils reports are required for
construction and will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, a Covenant and Agreement is required and runs with
the land to maintain a single-family residence.
The addition of square footage to the main structure follows the line
of the existing structure in the front, and maintains a 35 feet height;
therefore, the proposed application has no negative affect or impact
to the view corridor of surrounding properties.
Additionally, the colors and materials utilized are compatible with
the homes within the surrounding area. The applicant has obtained
the approval of the architectural committee of The Country Estates.
(u) 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 Quality Act of 1970 (CEQA), Sections 15301(e).
TREE PERMIT
(v) Preservation of the existing walnut trees is not feasible and would
compromise the property owner's reasonable use and enjoyment of
property. Surrounding land and appropriate mitigation measures will
be implemented in compliance with Section 22.38.130.
The applicant has submitted that the development requires the
removal of two walnut trees. A 3:1 replacement shall be required
pursuant to the Development Code. Many homes within The
Country Estates have remodeled and requested Tree Permits.
Therefore, preservation of these trees would compromise the
property owner's reasonable use and enjoyment of his property.
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
IQ
(a) The project shall substantially con orm fhDeiJleq4n
PUBLIC WORKS/ENGINEERING
(c) Applicant shall submit a soils report if required for the prop
improvements to be reviewed and approved by the City.
(d) Applicant shall follow special requirements as require by the
Engineer for construction in a Restricted Use Area. No ortion c
habitable structure shall be located in the Restricted Us Area a
Covenant and Agreement to construct in a Restricted Use Area
be recorded and returned to the City prior to the iss ance of
grading or retaining wall permits.
elevations, and materials/colors board collective
y label
as
Exhibit "A" dated January 28, 2003, as submitted a
- as
am
ded
herein.
b The subject site shall be maintained in a condition t
hat is fre
e o
debris both during and after the construction,',
additi
, o
implementation of the entitlement granted herein. Thel
removal
f all
,
trash, debris, and refuse, whether during or
bseque
tt
construction, shall be done only by the property owner,
pplicant
r b
duly permitted waste contractor, who has been authori
ed by
the
Cit
to provide collection, transportation, and disposal of s
id waste
rom
residential, commercial, construction, and industrial ar as withi th
City. It shall be theapplicant's obligation to insure t at the st
contractor utilized has obtained aermits from the City o Diamon Ba
D provide such services.
PUBLIC WORKS/ENGINEERING
(c) Applicant shall submit a soils report if required for the prop
improvements to be reviewed and approved by the City.
(d) Applicant shall follow special requirements as require by the
Engineer for construction in a Restricted Use Area. No ortion c
habitable structure shall be located in the Restricted Us Area a
Covenant and Agreement to construct in a Restricted Use Area a
be recorded and returned to the City prior to the iss ance of
grading or retaining wall permits.
(e) A grading and retaining wall plan shall be required. In accorda ice with
the City's grading requirements, the grading plan shall be reviewed
and approved by the City before the issuance of a gracing permit. On
a grading plan the following shall be delineated:
41. Protected/Preserved species of trees
requirements.
2. Cut and fill quantities and earthwork calculatic
location; an
2. All flow lines, finished surfaces, and finished gr 3.
Proper drainage with detailed sketches, surfa drain
away from the building at a 2% minimum . water
5 Proposed and existing grades;
. Sign/stamped by a civil engineer, geotechnical
geologist;
6.
Restricted Use Area and Recreation Easement
we
7. Retaining walls shall not be constructed of wood or wood products;
8. Retaining walls shall be required to be ornamental by using stucco or
decorative block;
9. Engineered calculations shall be submitted with retaining walls (APWA
Standard is not applicable);
10. Indicate retaining wall locations on grading plan with standard detail and
delineate:
(a) Top of wall; (b) Top of footing; (c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall not exceed six feet;
11. All grading shall be subject to Development Code Sections 22.16.030 (Air
Emissions) and Section 22.28 (Noise); 12. Hydrology calculations showing
capacity of proposed drainage
devices as well as existing drainage structures on site shall be reviewed and
approved by Public Works Division;
13. Railings atop retaining walls holding a fill shall not exceed a maximum
height of 42 inches.
(f) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
(g) Before the issuance of any City permits, erosion control plans shall be
submitted to the Public Works Division for the City's review and
approval. Measures shall be in place for construction started after
September 15, through April 15. 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.
(h) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface water shall drain away from the building at a 2%
minimum slope.
BUILDING AND SAFETY
(i) The Applicant shall provide temporary sanitation facilities while under
construction.
(j) A permit for demolition shall be obtained from the South Coast Air Quality
Management District.
1
Safety Division prior to the issuance of building ermij
S.
I The single -family structure shall meet the 2001 Califiornia
Building
Codes.
m This single -family structure shall meet the State Energ
Conservation
Standards.
I
n The minimum design wind pressure shall be 80 miles
perhou
and
"C" exposure.
o Smoke detectors shall be provided in all sleeping roon
hs.
Prior to the issuance of any construction permits, the a
pplicanthall
submit construction plans to the Los Angeles County Fi
e Depar
ent
for review and approval.
Due to the site's topography, applicant shall com I
with s
ecial
design requirements asspecified in the California B
ilding C
ode,
Section 18.4.3, building setback, top and toe of slo e
r The Applicant shall comply with the requirementE requirement
of the
Fir
Department; City Planning, Building and Safety, an
ublic W
rk
Divisions.
PLANNING II
I
s A total of six 36-inch box replacement trees shall be
anted on
site
for the replacement of two walnut trees of good health
ing rem
ed
should those trees be of the Juglans California variety
s certifie
b
arborist. The six replacement trees shall be of the nativ
variety
om
reserved species list: Sycamore, Arroyo Willow, Oa
, or Wal
ut.
Otherwise, no mitigation will be necessary for the re
oval of
the
Juglans nigra or Juglans regia currently on site.
t A final landscape/irrigation plan shall be submitted wit
the typ
o
planting materials, color, size, quantity and locati
n includ
in
proposed sites for the planting of protected/preserve
trees a
nd
additional species to mask the height of the rear se
ven (7)
o
retaining wall. The landscaping/irrigation shall be installe
or re la
ed
prior to the Planning Division's final inspection or C
ertificate
o
Occupancy issuance. Any walls, gates, fountains, etc.
-hat
may
b
proposed within the front setback shall not encroach I
into str
t'
dedicated easement or exceed a maximum 42 inches it
height.
(u) Maximum height of the structure shall not exceed 35 feet from the finish
grade at any exterior wall of the structure to the highest point of the
roofline. Evidence of compliance with this requirement may require a
height survey at completion of framing.
(v) The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise,
odor, traffic, or other disturbances to the existing residential
neighborhood and shall not result in significantly adverse effects on
public services and resources. The single-family residence shall not
be used for commercial/institutional purposes, or otherwise used as
a separate dwelling. The property shall not be used for regular
gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
(w) The owner 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's Recorder's Office prior to the issuance of a
building permit.
(x) This grant is valid for two (2) years and shall be exercised (i.e.,
construction) within that period or this grant shall expire. A one(1)
year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(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 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.
(z) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling
fee in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and
wildlife, the applicant shall also pay to the Department of Fish and
Game any such fee and any fine which the Department determines
to be owed. 12
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, to mail
Karambir Bhullar, 314 N. San Dimas Avenue, CA
91773, and S & W Development (Simon Shum and
120272 Carrey Road, Walnut, CA 91789.
APPROVED AND ADOPTED THIS 28th DAY OF JANUARY 2003, BY
COMMISSION OF THE CITY OF DIAMOND BAR.
J de Ruzick , C irman
I, James DeStefano, Planning Commission Secretary, do hereby certify that he 1
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Commission held on the 28th day of January 2003, by the following vote.
AYES: Commissioners Nelson, Tanaka, Nolan, WC Tye, NOES:
None
ABSENT: None
ABSTAIN: None
ATTEST:
1