HomeMy WebLinkAboutPC 2003-11PLANNING COMMISSION
RESOLUTION NO. 2003-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
F D1AM
ND
BAR APPROVING ADMINISTRATIVE DEVELOPMENT REVIEW
0. 2002-221
VARIANCE NO.2003-02/TREE PERMIT NO.2003-03/NEGATIVE D
CLARA
ION
NO. 2003-03, A REQUEST TO CONSTRUCT A THREE STORY (T
O -STORIES
WITH BASEMENT), SINGLE-FAMILY RESIDENCE WITH BALCONY,
COVEED
PATIO, AND FOUR -CAR GARAGES TOTALING TO APPROXIMATELY
5'673
GROSS SQUARE FEET AND SITE RETAINING WALLS UP TO AN
EXPOSED
HEIGHT OF SIX (6) FEET. ADDITIONALLY, A REDUCED FRONT
YARD
SETBACK AT 20 FEET AND THE REMOVAL AND REPLACEMENT
OF
PROTECTED/PRESERVED TREES IS REQUESTED. THE PROJECT
SITE
IS
22364 KICKING HORSE DRIVE (LOT 6, TRACT NO. 32482), DIA
WOND BAR,
CALIFORNIA.
A. RECITALS
1. The property owners, Lovere and Alba Moesser, and Appfi
' Pacific, have filed an application to approve Administrative
ant, Horizon
Developrr
ent
Review No. 2002-22/Variance No. 2003-02/Tree
Pe
mit
No. 2003-03/Negative Declaration No. 200-03 for a prope
locate
at
22364 Kicking Horse Drive, Diamond Bar, Los Angeles County,
alifomi
, as
described in the title of this Resolution. Hereinafter in this Resolution,
the
subject Administrative Development Review, Variance, Tree
Permit,
and
Negative Declaration shall be referred to as the "Application."
2. On April 9, 2p03, 38 property owners within a 500 -foot radius of
the pro
ect
site were notified by mail and three other public places were posted
wi
hin
the vicinity of the application. On April 15, 2003, notification
of the pu
iic
hearing for this project was provided in the San Gabriel Valley
Tribuneand
Inland Vallev Daily_ Bulletin newspapers and a notice of public
a
hearing on
display board was posted at the site.
3. On May 13, 2003, the Planning Commission of the City of Diamond
Sar
conducted and concluded the public hearing on the Applicatio
.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved byte
Planning
' Commission of the City of Diamond Bar as follows:
1
1. 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 finds that the Initial Study review and
Negative Declaration No. 2003-03 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guideline promulgated thereunder,
pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-03
reflects the independent judgment of the City of Diamond Bar. The review
period began April 17, 2003, and ended May 6, 2003.
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 22364 Kicking Horse Drive (Lot 6,
Tract No. 32482) Diamond Bar, California. The parcel is 1.06 gross
acres. It is an irregularly shaped lot with a graded buildable pad and
retaining wall. The project site contains a Restricted Use Area,
easements, and protected/preserved trees for which the Applicant is
requests a Tree Permit for the removal and replacement.
(b) The project site is zoned Single -Family Residential, R-1-20,000.
Rural Residential (RR), 1/du/acre, is the General Plan Land Use
designation.
(c) The R-1-20,000 Zone surrounds the subject site.
(d) The application is a request to construct a three story (two -stories with
basement), single-family residence with balcony, covered patio, and
four -car garages totaling to approximately 5,673 gross square feet
and site retaining walls up to an exposed height of six (6) feet.
Additionally, a reduced front yard setback at 20 feet and the removal
and replacement of protected/preserved trees are requested.
2
ADMINISTRATIVE DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is
the General Plan, development standards of the app
design guidelines, and architectural criteria for sp
(e.g., theme areas, specific plans, community plans,
planned developments).
The vacant project site was established before the ac
City's General Plan. However, the proposed projectcor
elements of the adopted General Plan of July 25, 199
land use designation of Rural Residential (RR). 7
structures comply with the City's General Plan of
strategies related to maintaining the integrity c
neighborhoods and open space. The proposed use
single-family residence, R-1-20,000. The main stru
placement on the parcel conform to the site coverag
criteria of the Diamond Bar Development Code.
The reduced front yard setback as proposed is cc
neighborhood and the pad created during the mass
Most homes in the tract have a 20 feet front setback.
and the constraints of the existing retaining wall cc
the grading process are special circumstances a
property.
The proposed design and layout is compatible with
architectural style, design, materials, and colors of ex
within the surrounding area. There is no specific +
community planned development for the site.
(f) The design and layout of the proposed development will
with the use and enjoyment of neighboring existir
development, and will not create traffic or pedestrian hE
The project site is currently an undeveloped lot within an
designed for single-family homes. The proposed new
does not change the use intended for the site as a
residence. The main structure and its placement o►
conform to the site coverage and height criteria of the I
Development Code.
The reduced front yard setback as proposed is consist+
neighborhood and the pad created during the mass grade
' Most homes in the tract have a 20 feet front setback. The
and the constraints of the existing retaining wall constrL
3
insistent with
able dis rict,
ialized area
ulevard , or
1ption o the
Vies with the
which hi is a
e prop sed
?ctives and
reside tial
s zonea for
ure and its
and he ght
?nt with the
79 pr-oce ss.
topography
cted duiing
1ble to he
of it
or
the grading process are special circumstances applicable to the
property.
Steeplechase Lane and Wagon Train Lane adequately serve the
project site. These streets are designed to handle the minimum traffic
created by this type of development.
The proposed design and layout is compatible with the eclectic
architectural style, design, materials, and colors of existing homes
within the surrounding area. The developed property is not expected
to unreasonably interfere with the use and enjoyment of neighboring
existing or future development, and will not create traffic or pedestrian
hazards.
{g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed project's architectural design and paletto are
compatible with the architectural style of other homes within the tract
and are consistent with the City's General Plan, Development Code,
and Design Guidelines. The streetscape elevation's architectural
features include the entry cupola with arches and columns; dual
staircases and concrete balustrade hand raft; one to two story levels;
and layering of materials and finishes of stucco, stucco window trim
details, and multi-levels of concrete tile roof lines to add texture and
contrast.
(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.
A project colors/materials board is provided. The colors, materials,
and textures proposed are complimentary to the existing homes within
the area while offering variety.
(i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan checks, City permits and inspections, soils report
review and approval, and Fire Department approvals are required for
►1,
1
1
construction. These processes will ensure that the ftshed p oject
will not be detrimental to the public health, safety, or welfare, or
materially injurious to the properties or improvements n the vicinity.
The terrain in the vicinity of Kicking Horse Drive is hill 'The parcels
on Kicking Horse Drive generally follow the ridgeline. This trac and
the older tracts surrounding the site have terraced pads created 1 the
terrain. By maintaining the allowed height of 35 feet, the prop sed
residential structure allows view corridors to its neighbors. Therefore,
staff does not consider this proposed residence det imental to its
neighbor's views.
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act CEQA).
Pursuant to the provisions of CEQA, the City has dete mined that a
Negative Declaration is required for this project. According to C QA
Section 15070, Negative Declaration No. 2003-03 has been prep red.
The Negative Declaration's review period began April 17, 2003, and
ended May 6, 2003.
VARIANCE
(k) There are special circumstances applicable to tie proparty
(e.g., location, shape, size, surroundings, topography, or other
conditions), so that the strict application of the City's Developrrent
Code denies the property owner privileges enjoyed by o her prop My
owners in the vicinity and under identical zoning districts )r created an
unnecessary and non -self created, hardship or u reason ble
regulation which makes it obviously impractical to require complia ice
with the development standards.
The Variance request is to allow a front setback at 20 feet.
current Diamond Bar Code requires a 30 feet front selback for
Rural Residential building standards.
During the tract's mass grading, a retaining wall was constructed
z
ind
approved to support the slope and existing pad. At that tkne,
the f
nt
setback requirement was 20 feet. The reduced front yar
I setback
as
proposed is consistent with the neighborhood and the
pad created
during the mass grading process. Most homes in the
tract ha v
a
20 feet front setback. In this case, it would be impractical
to remove
the existing retaining wall and re -compact the slope.
The existing slope topography and the constraints of
retaining wall constructed during the grading process
5
circumstances applicable to this property. The strict application of the
Code in this instance would prevent the site from promoting a design
that respects and protects the natural topography. The intent of the
Code that hillside developments shall be concentrated in those areas
with the least environmental disruption would be impacted. The strict
application of the Development Code to the front setback requirement
denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts and creates
an unnecessary and non -self created hardship that makes it obviously
impractical to require' compliance with the development standards.
(1) Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning districts and denied to the
property owner for which the Variance is sought.
Granting the Variance would allow the construction of a conforming
single family swelling of reasonable and comparable size and qualify,
and would not result in a haphazard layout of the land use. itis based
on the facts that the buildable pad area is established with an existing
retaining wall placed when Code standards allowed a 20 feet setback.
In this case, the existing retaining wall would be impractical to remove
and re -compact the slope. The siting and placement of the wall and
main structure with the proposed Variance ensures that the proposed
project blends into the terrain and does not dominate the landform.
As a result, Granting the Variance is necessary for the preservation
and enjoyment of substantial property rights possessed by other
property owners in the same vicinity and zoning districts and denied to
the property owner for which the Variance is sought.
{m) Granting the Variance is consistent with the General Plan and any
applicable specific plan.
The proposed reduction of setback and construction of proposed
structures are consistent with the General Plan and consistent with
specific strategies 1.2.4 and 2.2.1 of the Land Use Element. There is
no specific plan. Additionally, the requested deviation from the
minimum required front yard setback distance is relatively minorgiven
the circumstances and would not cause any negative impacts and the
intent of the Code will still be satisfied.
(n) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
6
Before the issuance of any City permits, the proposed proj6 ct is
required to comply with all conditions within the appro ed resol ition
and the Building and Safety Division, Public Works Div ion, an Fire
Department requirements. The referenced agencies througt the
permit and inspection process will ensure that the proposed prof ct is
not detrimental to the public health, safety or welfare or mater fly
injurious to the properties or improvements in the vicin'ty.
(o) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act CEQA).
Pursuant to the provisions of CEQA, the City has dete rmined tf, at a
Negative Declaration is required for this project. According to C QA
Section 15070, Negative Declaration No. 2003-03 has been prepared.
The Negative Declaration's review period began April 17,2003, and
ended May 6, 2003.
TREE PERMIT
(p) Preservation of the tree is not feasible and would compromise the
property's owner's reasonable use and enjoyment of prope or
surrounding land and appropriate mitigation measures will be
implemented in compliance with Section 22.3 .130 (Tree
Replacement/Relocation Standards).
Given the location of the building pad and the retain
necessary to remove the four preserved/protected tree;
the trees would place an unreasonable hardship on th,
construct a residence with a logical and rational layout
the varying topography. However, the trees will be rep,
ratio with a protected/preserved species and a minimu
24 or 36 inches.
7 walls t is
To main ain
2pplica to
,at respi cts
;ed ata :1
box sizd of
5. Based upon the findings and conclusion set forth above, t e Plann ng
Commission hereby approves this Application subject tote follow ng
conditions:
(a) The project shall substantially conform to site plan,
elevations, landscape plan, and materials/colors boar
labeled as Exhibit "A° dated May 13, 2003, as subn
approved by the Planning Commission and as amende
(b) The subject site shall be maintained in a condition tr
debris both during and after the construction,
implementation of the entitlement granted herein. The r
trash, debris, and refuse, whether during or sut
7
oor
ted to
herein.
is free of
lition, or
oval of all
went to
construction, shall be done only by the property owner, Applicant or
by duly permitted waste contractor, who has been authorized by the
City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within
the City. It shall be the Applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar
to provide such services.
(c) Before construction begins, the Applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal.
(d) The Applicant shall provide temporary sanitation facilities while under
construction.
PUBLIC WORKS/BUILDING AND SAFETY
(e) The Applicant shall submit a soils report for the proposed
improvements to be reviewed and approved by the Public Works
Division prior to issuance of grading or retaining wall permits. The
soils report shall also reference the suitability of the retaining walls to
withstand pressure of the retained soils and proposed development.
(f) A grading and retaining wall plan shall be required. In accordance
with the City's grading requirements, the grading plan shall be
reviewed and approved by the City before the issuance of a grading
permit. On a grading plan the following shall be delineated:
1. Indicate cut and fill quantities and earthwork calculations and
any export location;
2. Indicate all flow lines, finished surfaces, and finished grades;
3. Indicate drainage with detailed sketches, surface water shall
drain away from the building at a 2% minimum slope;
4. Indicate proposed and existing grades;
5. Plans shall be signed/stamped by a civil engineer,
geotechnical engineer and geologist;
6. Indicate all easements (i.e. Flood Hazard Area, Restricted Use
Areas, etc.);
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. Retaining walls shall not exceed a maximum exposed height of
six (6) feet.
M.
1
1
10. Engineered calculations shall be submitted with
(APWA Standard is not applicable);
11. Indicate retaining wall locations on grading plan
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations.
12. All grading shall be subject to Develol
Sections 22.16.030 (Air Emissions) and Section;
13. Hydrology calculations showing capacity of prop(
devices as well as existing drainage structures o
reviewed and approved by Public Works Divisio
14. Railings atop retaining walls holding a fill shall
maximum height of 42 inches.
etaining alk;
ind delin ate
ment C ode
2.28 (No se);
sed drair age
site sha I be
iot exceed a
(g) If applicable, the Applicant shall comply with Standard rban St rm
Water Mitigation Plan requirements to the satisfactio of the ity
Engineer.
(h) Before the issuance of any City permits, erosion control plans
sha
I be
submitted for the City's review and approval. Measures
shall b
in
place for construction started after September 15, through
April
15.
The erosion control plan shall conform to National Pollutant
Dische
rge
Elimination System (NPDES) standards and incorporate
he
appropriate Best Management Practices (BMP's). Additionally,
the
Applicant shall obtain the necessary NPDES permits.
(i) Applicant shall verify that the project site is currently connected
to
he
public sewer system and impacts on the sewage capacily
as a re
ult
of the proposed structure shall be approved.
Q) Applicant shall submit an application to the Walnut Valley
Water
District as necessary, and submit their Fire Flow form approval
to 1
he
Building and Safety Division prior to the issuance of building
perm
ts.
(k) Site, driveway grade, and house design shall be approveV
by the Fire
Department. The maximum slope is 15% per the Pblic
Wo
ks
Division.
(I) The single-family structure shall meet the 2001 Cafifor is Buildi g
Code, California Plumbing Code, California Mechanical Code, a d
California Electrical Code requirements.
(m) The minimum design wind pressure shall be 80 miles
"C" exposure.
9
hour
(n) The single-family structure requires Fire Department approval and is
located in "Fire Zone 4" and shall meet the following requirements of
that fire zone:
1. All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members. under the fire;
2. All enclosed under -floor areas shall be constructed as exterior
walls;
3. All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than '/4 inch nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door;
4. Chimneys shall have spark arresters of maximum '/2 inch
screen.
(o) This single-family structure shall meet the State Energy
Conservation Standards.
(p) 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.
(q) All sleeping rooms shall have windows that comply with egress
requirements.
(r) All balconies shall be designed for 40 pound per square foot live load.
(s) Hand rails and guardrails shall be designed for 20 -pound load applied
laterally at the top of the rail.
(t} Smoke detectors shall be provided in conformance with the 1998
California Building Code.
(u) Application shall provide window and door schedule for Building and
Safety plan check.
PLANNING DIVISION
(v) The front yard Ian dscaping/irrigation shall be installed prior to the
Planning Division's final inspection. 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.
10
X Prior to the issuance of any city permits, the applicant sha I be
required to submit a final landscape/irrigation plan for the entirc site
that delineates the type of planting materials color, siz , quanti and
location, for review and approval by the City's Planning Division. The
plan shall include the installation of 12, specimen preserved/protected
species of an appropriate size to be approved by the Plar ning
Division. The California Pepper trees may be replaced with black
walnut, and the oaks with oak, walnut, or sycamore tre s. Addit onal
plant species shall be included to mask the proposed retaining ails
and structure walls at the rear of the property. All landscaping and
irrigation shall be installed prior to the issuance of a Certifica a of
Occupancy. All trees shall be indicated on the site plan, grading plan,
and landscape plan.
(x) The remaining existing tree noted as black oak on sheet A-1 shall be
identified by a certified arborist and submitted to the Planling
Division. Prior to the issuance of any. City permit, protection
requirements as required per Municipal Code Section 22.38 wil i be
determined by the Planning Division.
(y) The southerly outside stairway shall be revised. It shall not exceed a
maximum of 30 inches into the required setback of 15 Ileet.
(z) The garbage can storage area on the north side shall be removed
from the plans.
(aa) Prior to any Home Based Business use in the propose offices, the
Owners/Applicants shall obtain a Zoning Clearance s bject to the
standards outlined in Municipal Code Section 22.42.07 .
(bb) The single-family residence shall not be utilized in a
creates adverse effects upon the neighborhood and e
setting of the residential site to levels of dust, glare/light
traffic, or other disturbances to the existing residential n
and shall not result in significantly adverse effects on pt
and resources. The single-family residence shall not
commercial/institutional purposes, or otherwise used a
dwelling. The property shall not be used for regular gath
result in a nuisance or which create traffic and parking prn
neighborhood.
(cc) The Applicant shall complete and record a "Covenant an(
to Maintain a Single Family Residence" on a form to be
the City. The covenant must be completed and recorded
Angeles County's Recorder's Office prior to the issuance
permit.
11
nanner nat
vironme ital
noise, odor,
�ighborh od
Ac services
)e used for
a separFLte
firings which
blems in he
Agreem nt
)rovided by
vith the L os
)f a build no
(dd) The Applicant shall comply with the requirements of the Fire
Department and City Planning, Building and Safety, and Public Works
Divisions.
(ee) 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 shall be required with a height
survey certified by a licensed engineer at completion of framing.
(ff) 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.
(gg) 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.
(hh) If the Department of Fish and Game determines that Fish and Game
Code. Section 711.4 applies to the approval of this project, then the
Applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore,
if this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
Applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to Lovere and Alba Moesser, and Horizon Pacific, at 2.707 Diamond
Bar Boulevard Suite 202, Diamond Bar, CA 91765.
12
APPROVED AND ADOPTED THIS 13th DAY OF MAY 2003, BY THE: PLANIN ING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
aSteveTye, Chair n
I, ,lames DeStefano, Planning Commission Secretary, do hereby certify that he foreg ing
Resolution was duly introduced, passed, and adopted, at a regular meeting o the Plan ing
Commission held on the 13 day of May 2003, by the following vote:.
AYES: Commissioners Ruzicka, Nelson, Tanaka, V/C Nolan akd C/T
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
1
13
PLANNING COMMISSION RESOLUTION NO. 2003-11
Review No. 2002-22/Variance No. 2003-02/Tre
e Pe
ant, Hor
on
locat
A RESOLUTION OF THE PLANNING COMMISSION OFTHE CITY
F DIAM
alifomi
qD
BAR APPROVING ADMINISTRATIVE DEVELOPMENT REVIEW
0. 2@02--2Z
the
subject Administrative Development Review, Variance, Tree
VARIANCE NO. 2003-02/TREE PERMIT NO. 2003-03/NEGA
VE D CLARA
ION NO. 2003-03, A REQUEST TO CONSTRUCT A THREE ST
RY (T
0-S
TO
IES WITH BASEMENT), SINGLE-FAMILY RESIDENCE WITH B
LCON ,
CO
E
ED PATIO, AND FOUR -CAR GARAGES TOTALING TO APPROXIMATELY
5,673 GROSS SQUARE FEET AND SITE RETAINING WA
LS UP
TO
N
EXPOSED HEIGHT OF SIX (6) FEET. ADDITIONALLY, A RED
CED F
N
Y
RD SETBACK AT 20 FEET AND THE REMOVAL AND REP
LA EMEIIT
F
PROTECTED/PRESERVED TREES IS REQUESTED. THE PROJECT
311T
IS
22364 KICKING HORSE DRIVE (LOT 6, TRACT NO. 324821
DI ON
R,
CALIFORNIA.
evelop
A. RECITALS
1. The property owners, Lovere and Alba Moesser, and Applic
- Pacific, have filed an application to approve Administrative
Review No. 2002-22/Variance No. 2003-02/Tre
e Pe
rmi
No. 2003-03/Negative Declaration No. 200-03 fora properl
locat
a
22364 Kicking Horse Drive, Diamond Bar, Los Angeles County,
alifomi
a
described in the title of this Resolution. Hereinafter in this Re
solution,
the
subject Administrative Development Review, Variance, Tree
Permit,
nd
Negative Declaration shall be referred to as the "Application."
2. On April 9, 2003, 38 property owners within a 500-foot radius
f the pro ec
site were notified by mail and three other public places were
osted wi hin
the vicinity of the application. On April 15, 2003, notification
f the li
hearing for this project was provided in the San Gabriel Valle
ribune nd
Inland Valley Daily Bulletin newspapers and a notice of publi
earin
display board was posted at the site.
3. On May 13, 2003, the Planning Commission of the City of
conducted and concluded the public hearing on the Applicati
B. RESOLUTION
OW, THEREFORE, it is found determined and resolved by Commission of the
ity 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 finds that the Initial Study review and
Negative Declaration No. 2003-03 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guideline promulgated thereunder,
pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-
03 reflects the independent judgment of the City of Diamond Bar. The
review period began April 17, 2003, and ended May 6, 2003.
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 22364 Kicking Horse Drive (Lot 6,
Tract No. 32482) Diamond Bar, California. The parcel is 1.06 gross
acres. It is an irregularly shaped lot with a graded buildable pad and
retaining wall. The project site contains a Restricted Use Area,
easements, and protected/preserved trees for which the Applicant is
requests a Tree Permit for the removal and replacement.
(b) The project site is zoned Single -Family Residential, R-1-20,000. Rural
Residential (RR), 1/du/acre, is the General Plan Land Use
designation.
(c) The R-1-20,000 Zone surrounds the subject site.
(d) The application is a request to construct a three story (two -stories with
basement), single-family residence with balcony, covered patio, and
four -car garages totaling to approximately 5,673 gross square feet
and site retaining walls up to an exposed height of six (6) feet.
Additionally, a reduced front yard setback at 20 feet and the
removal and replacement of protected/preserved trees are
ADMINISTRATIVE DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for spe ialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
The vacant project site was established before the a option o the
City's General Plan. However, the proposed project c plies wit the
elements of the adopted General Plan of July 25, 1995 which h s a
land use designation of Rural Residential (RR). e prop sed structures
comply with the City's General Plan o 'ectives and strategies related
to maintaining the integrity o reside tial neighborhoods and open
space. The proposed use is zone for single-family residence, R-1-
20,000. The main structure an its placement on the parcel conform
to the site coverag and he ght criteria of the Diamond Bar
Development Code.
The reduced front yard setback as proposed is consis ent with
neighborhood and the pad created during the mass gra ing prpc,
Most homes in the tract have a 20 feet front setback. Th topogra
and the constraints of the existing retaining wall constructed du
the grading process are special circumstances applicable to
property.
The proposed design and layout is compatible with
architectural style, design, materials, and colors of ex
within the surrounding area. There is no specific
community planned development for the site.
(f) The design and layout of the proposed development wilot it with
the use and enjoyment of neighboring existin or development,
and will not create traffic or pedestrian h arde
The project site is currently an undeveloped lot within an xisti
designed for single-family homes. The proposed new cons
does not change the use intended for the site as a hg/E
residence. The main structure and its placement ons the
conform to the site coverage and height criteria of the
Dlramc Development Code.
The reduced front yard setback as proposed is consist nt with
neighborhood and the pad created during the mass gradi g proa
Most homes in the tract have a 20 feet front setback. The opogra
and the constraints of the existing retaining wall constructed du
3
the grading process are special circumstances applicable to the
property.
Steeplechase Lane and Wagon Train Lane adequately serve the
project site. These streets are designed to handle the minimum traffic
created by this type of development.
The proposed design and layout is compatible with the eclectic
architectural style, design, materials, and colors of existing homes
within the surrounding area. The developed property is not expected
to unreasonably interfere with the use and enjoyment of neighboring
existing or future development, and will not create traffic or
pedestrian hazards.
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain the harmonious; orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed project's architectural design and paletto are
compatible with the architectural style of other homes within the
tract and are consistent with the City's General Plan, Development
Code, and Design Guidelines. The streetscape elevation's
architectural features include the entry cupola with arches and
columns, dual staircases and concrete balustrade hand rail; one to
two story levels, and layering of materials and finishes of stucco,
stucco window trim details, and multi-levels of concrete tile roof lines
to add texture and contrast.
(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.
A project colorslmaterials board is provided. The colors, materials,
and textures proposed are complimentafy to the existing homes
within the area while offering variety.
(i) The proposed project will not be detrimental to the public health, safety,
or welfare or materially injurious (e.g., negative affect on property
values or resale(s) of property) to the properties or improvements in
the vicinity.
Structural plan checks, City permits and inspections, soils report
review and approval, and Fire Department approvals are required for
M
construction. These processes will en0eltbdt
will not be detrimental to the public health, safety,
r welf
, o
materially injurious to the properties or improvements
n the vi
nit .
The terrain in the vicinity of Kicking Horse Drive is hill
. Thep
cel
on Kicking Horse Drive generally follow the rid eline.
This trac
an
the older tracts surrounding the site have terraced pao
createc
the
terrain. By maintaining the allowed height of 35 feet,
the pro
ose
residential structure allows view corridors to its neighbo
rs.
Ther
fore,
staff does not consider this proposed residence del
imenta
9 it
neighbor's views.
Q The proposed project has been reviewed in com li
nce with
the
provisions of the California Environmental Quality Ac
CEQA .
Pursuant to the provisions of CEQA, the City has dete
mined th
AatNe
ative Declaration is re uired for this romect. Acco
in to C
Section 15070, Negative Declaration No. 2003-03 has be
en
re
red.
The Negative Declaration's review period began April 1
7, 2003,
and
ended May 6, 2003.
setback
as
VARIANCE
ad crew
e
k There arespecial circumstances applicable to t
he pro
rt
(e.g., location, shape, size, surroundings, to o ra
y, or
he
conditions), so that the strict application of the City'
evelo
ent
Code denies the property owner privileges enjoyed by
her pro
rt
owners in the vicinity and under identical zoning districts
r creatE
an
unnecessary and non -self created, hardship or u
reasor
bl
regulation which makes it obviously impractical to require
com li
is
with the development standards.
The Variance request is to allow a front setback atfeet. current
Diamond Bar Code requires a 30 feet front seack for Rural
Residential building standards.
During the tract's mass grading, a retaining wall was con
61
ructed
no
approved to support the slope and existing pad. At that tie,
the f
i
Setback requirement was 20 feet. The reduced front yar
setback
as
Droposed is consistent with the neighborhood and the
ad crew
e
luring the mass grading process. Most homes in the
ract hav
20 feet front setback. In this case, it would be impractic
I to
emo
ve
`he existing retaining wall and re -compact the slope.
The existing slope topography and the constraints of
he exist
,etaining wall constructed during the grading process
are s e
al
The Variance request is to allow a front setback atfeet. current
Diamond Bar Code requires a 30 feet front seack for Rural
Residential building standards.
During the tract's mass grading, a retaining wall was con
61
circumstances applicable to this property. The strict application of
the Code in this instance would prevent the site from promoting a
design that respects and protects the natural topography. The intent
of the Code that hillside developments shall be concentrated in
those areas with the least environmental disruption would be
impacted. The strict application of the Development Code to the
front setback requirement denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical
zoning districts and creates an unnecessary and non -self created
hardship that makes it obviously impractical to require* compliance
(1) Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the
same vicinity and zoning districts and denied to the property owner for
which the Variance is sought.
Granting the Variance would allow the construction of a conforming
single family swelling of reasonable and comparable size and
quality, and would not result in a haphazard layout of the land use. It
is based on the facts that the buildable pad area is established with
an existing retaining wall placed when Code standards allowed a 20
feet setback. In this case, the existing retaining wall would be
impractical to remove and re -compact the slope. The siting and
placement of the wall and main structure with the proposed Variance
ensures that the proposed project blends into the terrain and does
As a result, Granting the Variance is necessary for the preservation
and enjoyment of substantial property rights possessed by other
property owners in the same vicinity and zoning districts and denied
to the property owner for which the Variance is sought.
(m) Granting the Variance is consistent with the General Plan and any
applicable specific plan.
The proposed reduction of setback and construction of proposed
structures are consistent with the General Plan and consistent with
specific strategies 1.2.4 and 2.2.1 of the Land Use Element. There
is no specific plan. Additionally, the requested deviation from the
minimum required front yard setback distance is relatively
minorgiven the circumstances and would not cause any negative
impacts and the intent of the Code will still be satisfied.
(n) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
issuance of any City permits, the proposed prof ct is required to
comply with all conditions within the appro ed resol tion and the
Building and Safety Division, Public Works Div ion, an Fire
Department requirements. The referenced agencies throug the
permit and inspection process will ensure that the proposed project
is not detrimental to the public health, safety or welfare or mate Tally
injurious to the properties or improvements in the vicin'ty.
(o) The proposed project
been
provisions of the California Environmental Quality Acl
CEQA .
Pursuant to the provisions of CEQA, the City has determined I
at
Negative Declaration is required for this project Accor ing to C
QA
Section 15070, Negative Declaration No. 2003-03 has be
en prep
red.
The Negative Declaration's review period began A ri
7, 2003, an
ended May 6, 2003.
TREE PERMIT
Preservation of the tree is not feasible and would cc
promis
the
property's owner's reasonable use and enjoyment o
prop0
surrounding land and appropriate miti ation meas
res will
b
implemented in compliance with Section 22.
.130
re
Replacement/Relocation Standards).
Given the location of the building ad and the retainj
g wall
t i
necessary to remove the four preserved/protected trees.
To main
ai
in complia
construct a residence with a logical and rational layou
at res ct
the varying topography. However, the trees will be rep
iced at :1
ratio with a protected1preserved species and a minimo
box si o
24 or 36 inches.
5. Based upon the findings and conclusion set forth above, t
e Plann n
Commission hereby approves this Application subject to t
e follow_ n
conditions:
(a) The project shall substantially conform to site plan, floor pla
elevations, landscape plan, and materials/colors board collectiv
labeled as Exhibit "A" dated May 13, 2003, as submitted to s
approved by the Planning Commission and as amended herein.
(b) The subject site shall be maintained in a condition that is free debris
both during and after the construction, dition, implementation of
the entitlement granted herein. The re oval of trash, debris, and
refuse, whether during or sub equent
7
construction, shall be done only by the property owner, Applicant or
by duly permitted waste contractor, who has been authorized by the
City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas
within the City: It shall be the Applicant's obligation to insure that the
waste contractor utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Before construction begins; the Applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal.
(d) The Applicant shall provide temporary sanitation facilities while under
construction.
PUBLIC WORKS/BUILDING AND SAFETY
(e) The Applicant shall submit a soils report for the proposed
improvements to be reviewed and approved by the Public Works
Division prior to issuance of grading or retaining wall permits: The
soils report shall also reference the suitability of the retaining walls
to withstand pressure of the retained soils and proposed
(f) A grading and retaining wall plan shall be required. In accordance with the
City's grading requirements, the grading plan shall be reviewed and
approved by the City before the issuance of a grading permit. On a
grading plan the following shall be delineated:
1. Indicate cut and fill quantities and earthwork calculations and any
export location;
2. Indicate all flow lines, finished surfaces, and finished grades; 3.
Indicate drainage with detailed sketches, surface water shall drain
away from the building at a 2% minimum slope;
4. Indicate proposed and existing grades;
5. Plans shall be signed/stamped by a civil engineer, geotechnical
engineer and geologist;
6. Indicate all easements (i.e. Flood Hazard Area, Restricted Use
Areas, etc.);
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. Retaining walls shall not exceed a maximum exposed height of
six (6) feet.
10. Engineered calculations shall be u i blePAA
(g) If applicable, the Applicant shall comply with Standard -rban 5 Water
Mitigation Plan requirements to the satisfactio of the Engineer.
(h) Before the issuance of any City permits, erosion control plans sha be
submitted for the City's review and approval. Measures shall b in
place for construction started after September 15, thro gh April 15.
The erosion control plan shall conform to National Pollutant
Discharge Elimination System (NPDES) standards and incorporate
he appropriate Best Management Practices (BMP's). Ad itionally, he
Applicant shall obtain the necessary NPDES permits.
(i) Applicant shall verify that the project site is currently con ected to he
public sewer system and impacts on the sewage capaci as a re ult
of the proposed structure shall be approved.
Q) Applicant shall submit an application to the Walnut Valley Water District
as necessary, and submit their Fire Flow form approval to he
Building and Safety Division prior to the issuance of building perm ts.
(k) Site, driveway grade, and house design shall be approve by the ire
Department. The maximum slope is 15% per the P blic Wo ks
Division.
(APWA Standard is not applicable);
11. Indicate retaining wall locations on grading plan
nd delin
at
a Top of wall;
b Top of footing;
c Finish Surface;
d Structural calculations.
12. All grading shall be subject to Develo
men
od
Sections 22.16.030 (Air Emissions) and Section
2.28 (Nose)
13. Hydrology calculations showing capacity of prop
sed drai
ag
devices as well as existing drainage structures o
sites
b
reviewed and approved by Public Works Divisi
;
14. Railings atop retaining walls holding a fill shall
of excee
d
maximum height of 42 inches:
(g) If applicable, the Applicant shall comply with Standard -rban 5 Water
Mitigation Plan requirements to the satisfactio of the Engineer.
(h) Before the issuance of any City permits, erosion control plans sha be
submitted for the City's review and approval. Measures shall b in
place for construction started after September 15, thro gh April 15.
The erosion control plan shall conform to National Pollutant
Discharge Elimination System (NPDES) standards and incorporate
he appropriate Best Management Practices (BMP's). Ad itionally, he
Applicant shall obtain the necessary NPDES permits.
(i) Applicant shall verify that the project site is currently con ected to he
public sewer system and impacts on the sewage capaci as a re ult
of the proposed structure shall be approved.
Q) Applicant shall submit an application to the Walnut Valley Water District
as necessary, and submit their Fire Flow form approval to he
Building and Safety Division prior to the issuance of building perm ts.
(k) Site, driveway grade, and house design shall be approve by the ire
Department. The maximum slope is 15% per the P blic Wo ks
Division.
(1) The single-family structure shall meet the 2001 Califor is Buil Code,
California Plumbing Code, California Mechanical Code,
California Electrical Code requirements.
minimum design wind pressure shall be 80 miles per hour "C" exposure.
9
(n) The single-family structure requires Fire Department approval and is
located in "Fire Zone 4" and shall meet the following requirements of
that fire zone:
1. All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire;
2. All enclosed under -floor areas shall be constructed as exterior
walls; 3. All openings into the aftic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/4 inch nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door;
4. Chimneys shall have spark arresters of maximum 1/2 inch screen.
(o) This single-family structure shall meet the State Energy Conservation
Standards.
(p) 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.
(q) All sleeping rooms shall have windows that comply with egress
requirements.
(r) All balconies shall be designed for 40 pound per square foot live load. (s)
Hand rails and guardrails shall be designed for 20 -pound load applied
laterally at the top of the rail.
(t) Smoke detectors shall be provided in conformance with the 1998
California Building Code.
(u) Application shall provide window and door schedule for Building and
Safety plan check.
PLANNING DIVISION
(v) The front yard landscaping/irrigation shall be installed prior to the
Planning Division's final inspection. 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.
1
(w) Prior to the issuance of any city permits, the applicant shall be required
to submit a final landscape/irrigation plan for he entire site that
delineates the type of planting materials color, siz , quanti and
location, for review and approval by the City's Planning Division. The
plan shall include the installation of 12, specimen prese ed/prot cted
species of an appropriate size to be approved by the Pla ning
Division. The California Pepper trees may be replaced with lack
walnut, and the oaks with oak, walnut, or sycamore trees. Addit onal
plant species shall be included to mask the proposed r taining alls
and structure walls at the rear of the property. All landscaping and
irrigation shall be installed prior to the issuance of a Certifica e of
Occupancy. All trees shall be indicated on the site plan, grading
plan, and landscape plan.
(x) The remaining existing tree noted as black oak on sheet A-1 shall be
identified by a certified arborist and submitted to he Plan ing
Division. Prior to the issuance of any City perm t, protection
requirements as required per Municipal Code Section 22.38 wi I be
determined by the Planning Division.
(y) The southerly outside stairway shall be revised. It shall not excel d a maximum of 30 inches
into the required setback of 15 eet.
(z) The garbage can storage area on the north side shall be rem ed from the plans.
(aa) Prior to any Home Based Business use in the propose offices, the
Owners/Applicants shall obtain a Zoning Clearance s bject to the
standards outlined in Municipal Code Section 22.42.07 .
(bb) The single-family residence shall not be utilized in a anner creates
adverse effects upon the neighborhood and e vironme setting of
the residential site to levels of dust, glare/light, noise, of traffic,
or other disturbances to the existing residential n ighborhi and
shall not result in significantly adverse effects on public servi
and resources. The single-family residence shall not be used
commercial/institutional purposes, or otherwise used a a sepai
dwelling. The property shall not be used for regular gatherings
wY result in a nuisance or which create traffic and parking
problems in neighborhood.
(cc) The Applicant shall complete and record a "Covenant an Agreen to
Maintain a Single Family Residence" on a form to be provide, the
City. The covenant must be completed and recorded with the
Angeles County's Recorder's Office prior to the issuance f a buili
perm it.
1
(dd) The Applicant shall comply with the requirements of the Fire
Department and City Planning, Building and Safety, and Public
Works Divisions.
(e e) 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 shall be required with a
height survey certified by a licensed engineer at completion of
(ff) 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.
(gg) 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.
(hh) 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
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail to
Lovere and Alba Moesser, and Horizon Pacific, at 2707 Diamond Bar
Boulevard Suite 202, Diamond Bar, CA 91765.
12
APPROVED AND ADOPTED THIS 13w DAY OF MAY 2003, BY
COMMISSION OF THE CITY OF DIAMOND BAR.
By. Steve Tye, Chair n
PLAN 'IN
I, James DeStefano, Planning Commission Secretary, do hereby certify that
Resolution was duly introduced, passed, and adopted, at a regular meetingthe
01 Commission held on the 13t" day of May 2003, by the following vote:
AYES: Commissioners Ruzicka, Nelson, Tanaka, V!C Nolan
NOES:
ABSENT. None
ABSTAIN
None
None
ATTEST:
1