HomeMy WebLinkAboutPC 2003-13C
[7
A.
[Al
PLANNING COMMISSION
RESOLUTION NO. 2003-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR APPROVING DEVELOPMENT REVIEW NO. 2002-16 AND C TEGO CAL
EXEMPTION 15303(x), A REQUEST TO CONSTRUCT A TWO ST RY, SIN LE -
FAMILY RESIDENCE WITH PORTICO, BALCONIES, COVERED ATIO, OOL
BATH, AND GARAGES TOTALING TO APPROXIMATELY 1!,546 G OSS
SQUARE FEET. THE REQUEST ALSO INCLUDES POOL/SPA, 3130, TE 4NIS
COURT, AND A SERIES OF RETAINING WALLS WITH AN EXPC SED HE GHT
VARYING TO A MAXIMUM OF SIX FEET. THE PROD CT SIT IS
2001 DERRINGER LANE (LOT 73, TRACT NO. 30091), DIMOND AR,
CALIFORNIA.
RECITALS
The property owner, Vinod Bhatia and Applicant, Pete Volbed , have filed an
application to approve Development Review No. 2002-16 for a property
located at 2001 Derringer Lane, Diamond Bar, Los Angeles County,
California and part of the gated development identified as The Country
Estates, as described in the title of this Resolution. Her inafter i this
Resolution, the subject Development Review and Categorial Exem tion
shall be referred to as the "Application."
2. On May 7, 2003, 57 property owners within a 700 -foot radius of the pr ject
site were notified by mail and three other locations were posted withip the
application's vicinity. On May 13, 2003, the project's public hearing
notification was published in the San Gabriel Valley Tribune and I land
Valley Daily Bulletin newspapers and a public hearing notice displayarra
was posted at the site.
3. On May 27, 2003, the Planning Commission of the City ofIDiamf
conducted and concluded a duly noticed public hearing on th App
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all o� the
forth in the Recitals, Part A, of this Resolution are true and c rrec
2. The Planning Commission hereby determines that the pr(
' above in this Resolution is categorically exempt from the requ
California Environmental Quality Act of 1970 (CEQA) a
Rl
guid
Bar
ion.
set
ified
f the
ines
promulgated thereunder, pursuant to Section 15303(a) of
Chapter 3, Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and del
having considered the record as a whole including the find
below, and changes and alterations which have been incorpo
conditioned upon the proposed project set forth in the applicati
evidence before this Planning commission that the project prc
will have the potential of an adverse effect on wild life resp
habitat upon which the wildlife depends. Based upon substar
this Planning commission hereby rebuts the presumption of ac
contained in Section 753.5 (d) of Title 14 of the Califoi
Regulations.
4. Based upon the findings and conclusions set forth herein,
Commission, hereby finds as follows:
Article 19 of
ermines that,
ings set orth
,ated intc and
on, there s no
posed herein
)urces o the
tial evil te,
e,
Iverse octs
'nia Coof
this Planhing
(a) The project relates to a parcel at 2001 Derringer Lane i
Lot 73, 7
ract
No. 30091) Diamond Bar, California, within the gated
COMMUnity
identified as The Country Estates. The parcel is 4.51 gross
acres
and
3.64 net acres. The lot is shaped irregularly, wider at
the front
and
sloping downward from Derringer Lane to the rear of
he property.
The project site contains a Restricted Use Area and Mood
Hazard
Area located at the northwest end of the property and
an easement
for slope purposes and ingress/egress located at the lot's
soutt
'
ern
portion. No development is proposed within these areas.
A ten
:eet
easement for storm drain purposes and a six feet easement
to
the
County of Los Angeles for Sanitary Sewer Purposes tra
erse the
ot's
southern portion from the street front to the rear propedly
line.
(b) The General Plan Land Use designation is Rural Residntial
(R
), 1
du/acre. The project site is zoned Single -Family Res
dence,
-1-
40,000.
(c) Generally, the project site is surrounded by the R-1-40,600
(d) The application is a request to construct a two story,
residence with portico, balconies, covered patio, poc
garages totaling to approximately 15,546 gross squa
request also includes pool/spa, BBQ, tennis court, anc
retaining walls with an exposed height varying to a ma:
feet.
2
ingle-far illy
bath, nd
feet. he
a serie of
mum of six
1
1
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consisten with
the General Plan, development standards of the appl'cable district,
design guidelines, and architectural criteria for spE cialized area
(e.g., theme areas, specific plans, community plans, boulevarcs, or
planned developments).
The vacant project site was established before thea loption c f the
City's General Plan. However, the proposed project coi nplies wil ft the
elements of the adopted General Plan of July 25, 199 , which I las a
land use designation of Rural Residential (Max. 1 u/acre). The
proposed use is zoned for single-family residence at R- -40, 000. The
proposed structure complies with the City's General P an objectives
and strategies related to maintaining the integrity of residential
neighborhoods and open space. The structures and laceme t on
the parcel conform to the site coverage, setback, and height crit is of
the Diamond Bar Municipal Code. Furthermore, the applicant has
obtained the approval of The Country Estates Homeo hers
Association Architectural Committee. There is no specifig or
additional community planned development for the sit .
(f) The design and layout of the proposed development will not inte
with the use and enjoyment of neighboring exist ng or ft
development, and will not create traffic or pedestrian azards.
The project site is currently an undeveloped lot within a existin
designed for single-family homes. The proposed new constr
does not change the use intended for the site as a single -
residence. The developed property is not expected to vnreasc
interfere with the use and enjoyment of neighboring exi ting or
development, and will not create traffic or pedestrian zards.
The project site is adequately served by Derringer Lan . This pr nate
street is designed to handle minimum traffic createdy this ty e of
development.
(g) The architectural design of the proposed developments 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 palette are
compatible with the eclectic architectural style of other f7omes w thin
The Country Estates, and are consistent with the City's eneral Ian,
3
Municipal Code, and Design Guidelines. The proposed pro act's
architectural style is Mediterranean. The front entry of the hou 3e is
14 feet lower than street level. The project's architectu al featur s for
curb appeal include balconies with wrought iron railings, two- tory
entry/foyer with glass and columns; arched window3,- layeri g of
materials with La Habra Oatmeal (off white) stucco anc painted rims
of Dunn Edwards Cameo (cream) and Cedar (brown) or the fa, 5cia,
bellyband, and window treatments, and the multi-levels of roof lin 9s of
Monier Sunrise Lifetile to add texture and contrast. T7erear the
structure has a large covered patio area. The Applicanhas rec ived
the approval of The Country Estates Homeowner Association
Architectural Committee.
With the added condition of approval for more landsca ing to sc, -een
the retaining in the rear and side yards and with a maximum heig W of
six feet, the walls are compatible with the neighbo ood. Many
homes in The Country Estates have similar structures.
(h) The design of the proposed development will prop
environment for its occupants and visiting public,
neighbors, through good aesthetic use of materials, tE
that will remain aesthetically appealing.
A project colors/materials board is provided The
and textures proposed are complimentary to the exi
the area while offering variety.
(i) The proposed project will not be detrimental to the
safety, or welfare or materially injurious (e.g., neg
property values or resale(s) of property) to the
improvements in the vicinity.
Structural plan checks, City permits and inspection
review and approval, and Fire Department approvals,
construction. These processes will ensure that the t
will not be detrimental to the public health, safety,
materially injurious to the properties or improvements
The terrain in the vicinity of Derringer Lane is hilly. Th
Derringer Lane generally follow the ridgeline and slope fr
downward to the rear of the lots. The subject site is hir
level, sloping to lower elevations toward the rear of the
maintaining the allowed height of 35 feet, the propose
structure allows view corridors to its neighbors. Th
proposed residence will not have significant detrii
blockage impact.
4
a aesir ote
well al its
'e, and Oolor
1
'e arrec on
'operties or
soils re ort
require for
;hed pr 'ect
welfare or
the vic, ity.
parce15 on
in the st eet
ier at st et
)roperty. By
F residential
Prefore, the
ental view I
Q) The proposed project has been reviewed in compli
provisions of the California Environmental Quality Act
The environmental evaluation shows that the prop o ed pro,
Categorically Exempt pursuant to the guidelines of the Cat
Environmental Quality Act of 1970 (CEQA), Section 1 303(a).
5. Based upon the findings and conclusion set forth above, the PIS
Commission hereby approves this Application subject to the foil
conditions:
the
is
1 6
y
(a) The project shall substantially conform to site pla , floor p ans,
elevations and materials/colors board collective) labelec as
Exhibit "A" dated May 27, 2003, as submitted to and ar proved b the
Planning Commission.
(b) The subject site shall be maintained in a condition 1hat
is fr
a of
debris both during and after the construction,
addition,
or
implementation of the entitlement granted herein. The
removal
of all
trash, debris, and refuse, whether during or s
bseque
t to
construction, shall be done only by the property owner, i
ipplicant
r by
duly permitted waste contractor, who has been authorii
to provide collection, transportation, and disposal of so
ed by the
id waste
City
from
residential, commercial, construction, and industrial ar
Das withih
the
City. It shall be the applicant's obligation to insure tat
the
aste
contractor utilized has obtained permits from the City o
Diamonl
Bar
to provide such services.
1
(c) Before construction begins, the applicant shall install temp(
construction fencing pursuant to the Building and Safety Divis
requirements along the project site's perimeter. This fencing
remain until the Building Official approves its removal.
(d) The Applicant shall provide temporary sanitation facilities while
construction.
(e) Prior to the issuance of any permits, Tree Protection Re uiremen s as
required per Municipal Code Section 22.38.140 shall b installed for
the walnut trees. The grading inspections shall confirm he protection
of the walnut trees.
PUBLIC WORKS/BUILDING AND SAFETY
(f) The Applicant shall submit a soils report for tle props
improvements to be reviewed and approved by the Public W
Division prior to issuance of grading or retaining wall
soils report shall also reference the suitability of the rei
withstand pressure of the retained soils and proposed
(g) A grading and retaining wall plan shall be required. In a(
the City's grading requirements, the grading plan she
and approved by the City before the issuance of a grad
a grading plan the following shall be delineated:
1. Protected/Preserved species of trees
requirements
2. Cut and fill quantities and earthwork calculatioi
location;
3. All flow lines, finished surfaces, and finished grr
4. Proper drainage with detailed sketches, surfac
drain away from the building at a 2% minimum
5. Proposed and existing grades;
6. Sign/stamped by a civil engineer, geotechnical
geologist;
i. Clearly delineate all easements (i.e., Flood Haz
Recreation Easements);
8. Retaining walls shall not be constructed of w
products;
9. Retaining walls shall be required to be orname
stucco or decorative block;
10. Engineered calculations shall be submitted with r
(APWA Standard is not applicable);
11. Indicate retaining wall locations on grading plan
detail and delineate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall no
feet;
12. All grading shall be subject to Muni
Section 22.16.030 (Air Emissions) and Section 2.
13. Hydrology calculations showing capacity of propo
devices as well as existing drainage structures or
reviewed and approved by Public Works Divisior
14. Railings atop retaining walls holding a fill shall r
maximum height of 42 inches.
(h) If applicable and prior to any City permit, the applicant
with Standard Urban Storm Water Mitigation Plan requin
satisfaction of the City Engineer.
ermits.
The
ping wells
to
evelop
ent.
ordanCE
with
be reviewed
g permi
. On
id fe
ting
and export
les;
water
shall
e;
ineer and
Area and
or Wood
by u 3ing
ping alts
stan and
exceed) six
ipal C de
..28 (Noise);
ed drainage
site shat be
)t excedd a
hall comply
rents to the
(i) If applicable and prior to any City permit, an erosion control
plan
shall
be submitted for the City's review and approval. Measu
es shall
be in
place for construction started after September 15, through
Apri
15.
The erosion control plan shall conform to National Pollutant
Discharge
Elimination System (NPDES) standards and inc
rporate
the
appropriate Best Management Practices (BMP's). Additionally
the
Applicant shall obtain the necessary NPDES permits.
(j) Applicant shall verify that the project site is currently connected
t
the
public sewer system and impacts on the sewage capacity
as a result
of the proposed structure shall be approved. Applica
t shall verify
availability to and make application for connection tot the
sewer
with
the Los Angeles County Department of Public Works
and/or
the
Sanitation District prior to the issuance of any City construction
permit.
(k) The tennis court location in the storm drain easemeni
is subject
to
approval by the Public Works Division and the approval
of a plE
n to
route the flow.
(1) Applicant shall submit an application to the Walnut
alley
ater
District for Fire Flow and submit their approval to the
Building
and
Safety Division prior to the issuance of building permitA.
(m) Site, driveway grade, and house design shall be approved
by the
Fire
Department. The maximum slope is 15% per the
Public W
rks
Division.
11
(n) The single-family structure shall meet the 2001 Calif rnia Buil ing
Code, California Plumbing Code, California Mechanic I Code, and
California Electrical Code requirements.
(o) The minimum design wind pressure shall be 80 miles ber hour
"C" exposure.
(p) The single-family structure requires Fire Department a proval ar d is
located in "Fire Zone 4" and shall meet the following reuiremen s of
that fire zone:
2
3.
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;
All enclosed under -floor areas shall be construct d as ext rior
walls;
All openings into the attic, floor, and/or other eish
osed aiss
as
shall be covered with corrosion -resistant wire not
7
than '/ inch nor more than '/2 inch in any dimension ex ept
where such openings are equipped with sash ot door;
4. Chimneys shall have spark arresters of maxi um '/z inch
screen.
(q) This single-family structure shall meet the State Ene
Conservation Standards.
(r) Due to the site's topography, applicant shall compli
design requirements as specified in the 2001 Califi
Code, Section 1806.4.2, building setback, top and toe
(s) All sleeping rooms shall have windows that co
requirements.
(t) All balconies shall be designed for 40 pound per square
(u) Hand rails and guardrails shall be designed for
laterally at the top of the rail.
(v) Smoke detectors shall be provided in conformance
California Building Code.
(w) Application shall provide window and door schedule
Safety plan check.
(x) Pool/spa, gazebo, BBQ, and tennis court shall req
building permits.
PLANNING DIVISION
with sp cial
nia Building
-f slopes
with eg ess
oot live load.
load ar lied
the 21001
Building
(y) A final landscape plan shall be submitted to the Planning Division for
review and approval prior to the issuance of a Building Permit. he
plans shall include trees and shrubs, in addition to those showr on
the preliminary landscape plan, to soften the retaining walls at the
rear and side yards of the pad.
(z) The front yard landscaping/irrigation shall be installed prior to the
Planning Division's final inspection. Any walls, gates, fo ntains, Etc.,
that may be proposed within the front setback shall not E ncroach Into
street's dedicated easement or exceed a maximum 42 inches in
height.
(aa) This Planning Commission approval is for the location
and the tennis court only. The gazebo plans and
structure pians shall be submitted to the Planning
E�3
the gaz
ennis ci
Division
)u rt
for
H
1
separate review and approvals prior to the issuance of buillding
permits.
(bb) Maximum height of the residence shall not exceed 3E
feet from
the
finish grade at any exterior wall of the structure to the highest
point
of
the roofline. The 35 feet includes the chimneys. At roof
shea
hing
inspection, the Applicant shall have a licensed engineer
certi4
that
the height of the residential structure meets this requirement
and
submit it to the Building and Safety Division for review
and appr
val.
(cc) 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
se
ices
and resources. The single-family residence shall not
be use
J for
commercial/institutional purposes, or otherwise used
as a separate
dwelling. The property shall not be used for regular gat
erings Which
result in a nuisance or which create traffic and parking problems
in
the
neighborhood.
(dd) The applicant shall complete and record a Covenant and
Agreement
to Maintain a Single Family Residence" on a form to be
provid
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 bui
ding
permit.
(ee) The Applicant shall comply with the requirementsl of the IFire
Department and City Planning, Building and Safety, and Public Wrks
Divisions.
(ff) This grant is valid for two (2) years and shall a exercised-
(i.e.,
xert sed(i.e., construction) within that period or this grant shall a Aire. Aone-
(1) year extension may be approved when submitted o the Ci in
writing at least 60 days prior to the expiration date. he Planning
Commission will consider the extension request at a duly not ced
public hearing in accordance with Chapter 22.72 o the City of
Diamond Bar Municipal Code.
(gg) This grant shall not be effective for any purpose until he perm tee
and owner of the property involved (if other than the pe mittee) ave
filed, within fifteen (15) days of approval of this grant, t the Ci of
Diamond Bar Community and Development Services Depart m nt,
their affidavit stating that they are aware and agree to Accept all the
conditions of this grant. Further, this grant shall not be affective until
the permittee pays remaining City processing fees. 7
0
(hh) If the Department of Fish and Game determines that Fi
Code Section 711.4 applies to the approval of this pro:
applicant shall remit to the City, within five days c
approval, a cashier's check of $25.00 for a documentar
in connection with Fish and Game Code requirements. F
this project is not exempt from a filing fee imposed
project has more than a deminimis impact on fish an
applicant shall also pay to the Department of Fish ar
such fee and any fine which the Department determine
The Planning Commission shall:
sh and G
ame
ject, ther
the
f this gr
int's
,handlini
fee
urtherm
re, if
because
the
J wildlife
the
d Game
any
to be owed.
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified
to Vinod Bhatia, 56 Westbrook Lane, Pomona, CA 91766 and I
Volbeda, 615 North Benson Avenue, Unit D, Upland, CA 91786
APPROVED AND ADOPTED THIS 27' DAY OF MAY 2003, BY
COMMISSION OF THE CITY OF DIAMOND BAR.
%�
B.
Y
S eve Tye, airman
I, James DeStefano, Planning Commission Secretary, do hereby certify that
Resolution was duly introduced, passed, and adopted, at a regular meeting of
Commission held on the 27th day of May 2003, by the following vote:
AYES: Commissioners: Ruzicka, Nelson, Tanaka, Chai
NOES:
ABSENT: Commissioner: V/C Nolan
ABSTAIN:
ATTEST: 1
mes DeS fano, Secretary
10
PLANN
ail
ING
he foregoing
the Planiiing
Tye
1
PLANNING COMMISSION
RESOLUTION NO. 2003-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITI
BAR APPROVING DEVELOPMENT REVIEW NO. 2002-16 AND C
EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO ST
FAMILY RESIDENCE WITH PORTICO, BALCONIES, COVERED
BATH, AND GARAGES TOTALING TO APPROXIMATELY 1:
SQUARE FEET. THE REQUEST ALSO INCLUDES POOUSPA,
COURT, AND A SERIES OF RETAINING WALLS WITH AN EXP(
VARYING TO A MAXIMUM OF SIX FEET. THE PR03I
2001 DERRINGER LANE (LOT 73, TRACT NO. 30091), DIj
CALIFORNIA.
A. RECITALS
1. The property owner, Vinod Bhatia and Applicant, Pete Volbec
application to approve Development Review No. 2002-16
located at 2001 Derringer Lane, Diamond Bar, Los Ar
California and part of the gated development identified a
Estates, as described in the title of this Resolution. Her
Resolution, the subject Development Review and Categor
shall be referred to as the "Application."
2. On May 7, 2003, 57 property owners within a 700 -foot radius
site were notified by mail and three other locations were po:
application's vicinity. On May 13, 2003, the project's r
notification was published in the San Gabriel Valley Tribur
Valley Daily Bulletin newspapers and a public hearing notice
was posted at the site.
3. On May 27, 2003, the Planning Commission of the City of
conducted and concluded a duly noticed public hearing on tt
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all
forth in the Recitals, Part A, of this Resolution are true and
2. The Planning Commission hereby determines that the
above in this Resolution is categorically exempt from the re
California Environmental Quality Act of 1970 (CEQA)
ATIO, FOOL
546 G OSS
BQ, TE NIS
3ED HE GHT
;T SIT IS
IIOND AR,
have filed an
or a pro erty
eles Co nty,
The Co ntry
inafter i this
al Exem tion
of the pr ject
ted withi the
iblic hearing
e and 1 land
display and
Diamond Bar
the fact set
rrect.
act iden Pied
Dments o the
d guidel nes
promulgated thereunder, pursuant to Section 15303(a) of Article '-9 of
Chapter 3, Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and d
having considered the record as a whole including the fir
below, and changes and alterations which have been incorp
conditioned upon the proposed project set forth in the applice
evidence before this Planning commission that the project p
will have the potential of an adverse effect on wild life re
habitat upon which the wildlife depends. Based upon subst<
this Planning commission hereby rebuts the presumption of ;
contained in Section 753.5 (d) of Title 14 of the Calif
Regulations.
4. Based upon the findings and conclusions set forth herein,
Commission, hereby finds as follows:
(a) The project relates to a parcel at 2001 Derringer Lane
No. 30091) Diamond Bar, California, within the gate
identified as The Country Estates. The parcel is 4.51 gi
3.64 net acres. The lot is shaped irregularly, wider at
sloping downward from Derringer Lane to the rear of
The project site contains a Restricted Use Area and
Area located at the northwest end of the property and
for slope purposes and ingress/egress located at the
portion. No development is proposed within these are
easement for storm drain purposes and a six feet ea:
County of Los Angeles for Sanitary Sewer Purposes tra
southern portion from the street front to the rear orooe
(b) The General Plan Land Use designation is Rural R
du/acre. The project site is zoned Single -Family
40,000.
(c) Generally, the project site is surrounded by the R -1-4C
(d) The application is a request to construct a two story,
residence with portico, balconies, covered patio, pc
garages totaling to approximately 15,546 gross squi
request also includes pool/spa, BBQ, tennis court, ar
retaining walls with an exposed height varying to a me
feet.
'nines tnat,
Is set forth
ed int and
there s no
ised herein
Ices o the
I evid nce,
irse of ects
i Cod of
of 73, '
comm
front
A ten
se the
line.
bath, nd
feet. he
a serie of
mum of six
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is onsisten with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, oulevar s, or
planned developments).
The vacant project site was established before the a option f the
City's General Plan: However, the proposed project co plies wi the
elements of the adopted General Plan of July 25, 1995, which as a
land use designation of Rural Residential (Max. 1 ulacre). The
proposed use is zoned forsingle-family residence at R- -40,000. The
proposed structure complies with the City's General an objectives
and strategies related to maintaining the integrity of resid ntial
neighborhoods and open space. The structures and placement on
the parcel conform to the site coverage, setback, and h ight crit is of
the Diamond Bar Municipal Code. Furthermore, the applican has
obtained the approval of The Country Estates Homeo ners
Association Architectural Committee. There is n specif or
additional community planned development for the sit —.
(f) The design and layout of the proposed development wl not it
with the use and enjoyment of neighboring existing or
development, and will not create traffic or pedestrian hazard,
The project site is currently an undeveloped lot within a existin
designed for single-family homes. The proposed new, constr
does not change the use intended for the site as a single -
residence. The developed property is not expected to nreasc
interfere with the use and enjoyment of neighboring existing or
development, and will riot create traffic or pedestrian hazards.
The project site is adequately served by Derringer Lan—. This pr vate
street is designed to handle minimum traffic created t#y this tyde of
development.
(g) The architectural design of the proposed developments 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 Deign
Guidelines, or any applicable specific plan.
The proposed project's architectural design and palette are
compatible with the eclectic architectural style of other pomes thin
The Country Estates; and are consistent with the City's eneral Ian,
3
Municipal Code, and Design Guidelines. The proposed project's
architectural style is Mediterranean. The front entry f the
house is
14 feet lower than street level. The project's architectu al
features for
curb appeal include balconies with wrought iron raili gs;
two-story
entry/foyer with glass and columns; arched windows, layeri g of
materials with La Habra Oatmeal (off white) stucco an painted
rims
of Dunn Edwards Cameo (cream) and Cedar (brown) or the !a cia,
bellyband, and window treatments; and the multi-levels of roof
fins of
Monier Sunrise Lifetile to add texture and contrast. a rear the
structure has a large covered patio area. The Applican has rec
ived
the approval of The Country Estates Homeowner Association
Architectural Committee.
With the added condition of approval for more landsca ing to sc
een
the retaining in the rear and side yards and with a maxi um hei
t of
six feet, the walls are compatible with the neighbor ood. Many
homes in The Country Estates have similar structures.
(h) The design of the proposed development will prox
environment for its occupants and visiting public,
neighbors, through good aesthetic use of materials, ti
that will remain aesthetically appealing.
a desi
well
'e, and
its
A project colors/materials board is provided. The
and textures proposed are complimentary to the exi
the area while offering variety.
(1) The proposed project will not be detrimental to the
safety, or welfare or materially injurious (e.g., negi
property values or resale(s) of property) to the
improvements in the vicinity.
Structural plan checks, City permits and inspectior
review and approval, and Fire Department approvals,
construction. These processes will ensure that the f,
will not be detrimental to the public health, safety,
materially injurious to the properties or improvements
The terrain in the vicinity of Derringer Lane is hilly. Th
Derringer Lane generally follow the ridgefine and slope fi
downward to the rear of the lots. The subject site is hic
level, sloping to lower elevations toward the rear of the
maintaining the allowed height of 35 feet, the propose
structure allows view corridors to its neighbors. Th
proposed residence will not have significant detrfi
blockage impact.
,e arrec on
opertie or
soils re port
require for
;hed pr 'ect
welfare or
the vici ity
parcel on
m the st eet
ier at st et
iroperty By
reside tial
before, he
rental view
4
Q) The proposed project has been reviewed in compliance wit 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 Cali rnia
Environmental Quality Act of 1970 (CEQA), Section 1 303(a).
5. Based upon the findings and conclusion set forth above, the
Commission hereby approves this Application subject to the
conditions:
(a) The project shall substantially conform to site pla , floor pans,
elevations and materials/colors board collective) labele as
Exhibit "A" dated May 27, 2003, as submitted to and a proved b the
Planning Commission.
(b) The subject site shall be maintained in a condition hat is fr a of
debris both during and after the construction, addition , or
implementation of the entitlement granted herein. The removal f all
trash, debris, and refuse, whether during or s bseque t to
construction, shall be done only by the property owner, applicant r by
duly permitted waste contractor, who has been authori ed by the City
to provide collection, transportation, and disposal of so id waste rom
residential, commercial; construction, and industrial ar as with' the
City. It shall be the applicant's obligation to insure t at the w aste
contractor utilized has obtained permits from the City o Diamond Bar
to provide such services.
(c) Before construction begins, the applicant shall inst all tempo rary
construction fencing pursuant to the Building and Saf ety Divis on's
requirements along the project site's perimeter. This fencing hall
remain until the Building Official approves its removal.
(d) The Applicant shall provide temporary sanitation facilities while
construction.
(e) Prior to the issuance of any permits, Tree Protection Re uiremen s as
required per Municipal Code Section 22.38.140 shall b installe for
the walnut trees. The grading inspections shall confirm he protection
of the walnut trees.
PUBLIC WORKS/BUILDING AND SAFETY
(f) The Applicant shall submit a soils report for i
improvements to be reviewed and approved by the
5
Division prior to issuance of grading or retaining wall
soils report shall also reference the suitability of the ret
withstand pressure of the retained soils and proposed
(g) A grading and retaining wall plan shall be required. In a core
the City's grading requirements, the grading plan shall be
and approved by the City before the issuance of a grading p
a grading plan the following shall be delineated:
1. Protected/Preserved species of trees
requirements;
2. Cut and fill quantities and earthwork calculatio
location;
3. All flow lines, finished surfaces, and finished gr
4. Proper drainage with detailed sketches, surfai
drain away from the building at a 2% minimum
5. Proposed and existing grades;
6. Sign/stamped by a civil engineer, geotechnical
geologist;
7. Clearly delineate all easements (i.e., Flood Ha;
Recreation Easements);
8. Retaining walls shall not be constructed of h
products;
9. Retaining walls shall be required to be orname
stucco or decorative block;
10. Engineered calculations shall be submitted with
(APWA Standard is not applicable);
11. Indicate retaining wall locations on grading plan
detail and delineate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations; and
(e) Retaining walls exposed height shall n(
feet;
12. All grading shall be subject to Mun
Section 22.16.030 (Air Emissions) and Section f
13. Hydrology calculations showing capacity of propc
devices as well as existing drainage structures of
reviewed and approved by Public Works Division
14. Railings atop retaining walls holding a fill shall
maximum height of 42 inches.
(h) If applicable and prior to any City permit, the applicant
with Standard Urban Storm Water Mitigation Plan requin
satisfaction of the City Engineer.
The
Is to
lent.
with
wed
On
and
water
or
by
exceedl six
ipal C )de
.28 (Noi e);
red drain age
site shal be
of exceed a
I
(i) If applicable and prior to any City permit, an erosion control plan
hall
be submitted for the City's review and approval. Measu es shall a 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 inc rporate the
appropriate Best Management Practices (BMP's). Additionally the
Applicant shall obtain the necessary NPDES permits.
(j) Applicant shall verify that the project site is currently connected t
the
public sewer system and impacts on the sewage capacity as a result
of the proposed structure shall be approved. Applica t shall verify
availability to and make application for connection to the sewer with
the Los Angeles County Department of Public Works and/or the
Sanitation District prior to the issuance of any City construction permit.
(k) The tennis court location in the storm drain easemen is subje
approval by the Public Works Division and the approval of a pl:
route the flow.
(I) Applicant shall submit an application to the Walnut alley V1
District for Fire Flow and submit their approval to the Building
Safety Division prior to the issuance of building permit q.
(m) Site, driveway grade, and house design shall be apprc
Department. The maximum slope is 15% per the
Division.
(n) The single-family structure shall meet the 2001 California Bui
Code, California Plumbing Code, California Mechanic I Code,
California Electrical Code requirements.
(o) The minimum design wind pressure shall be 80 miles per hour
"C" exposure.
(p) The single-family structure requires Fire Department approval ai
located in "Fire Zone 4" and shall meet the following re uiremen
that fire zone:
1. All roof covering shall be "Fire Retardant, Class A'; the r
shall be fire stopped at the eaves to preclude entry of
flame or members under the fire;
2. All enclosed under -floor areas shall be construct d as extE
walls;
3. All openings into the attic, floor, and/or other en losed ai
shall be covered with corrosion -resistant wire esh not
to
to
is
of
7
than Y4 inch nor more than 1/z inch in any dimension ex ept
where such openings are equipped with sash o door;
4. Chimneys shall have spark arresters of maxi um 1/2 inch
screen.
(q) This single-family structure shall meet the State Energy
Conservation Standards.
(r) Due to the site's topography, applicant shall comp' with so cial
design requirements as specified in the 2001 Calif rnia Bull ing
Code, Section 1806.4.2, building setback, top and toe f slopes
(s) All sleeping rooms shall have windows that comply with
requirements.
(t) All balconies shall be designed for 40 pound per square Moot live
(u) Hand rails and guardrails shall be designed for 20 -pound load
laterally at the top of the rail.
(v) Smoke detectors shall be provided in conformance v—ith the
California Building Code.
(w) Application shall provide window and door schedule for Building
Safety plan check.
(x) Pool/spa, gazebo, BBC, and tennis court shall
building permits.
PLANNING DIVISION
(y) A final landscape plan shall be submitted to the Plannin Division for
review and approval prior to the issuance of a Building Permit. he
plans shall include trees and shrubs, in addition to tho a show on
the preliminary landscape plan, to soften the retaining walls at the
rear and side yards of the pad.
(z) The front yard landscaping/irrigation shall be installed prior to the
Planning Division's final inspection. Any walls, gates, fo ntains, tc.,
that may be proposed within the front setback shall not ncroach nto
street's dedicated easement or exceed a maximum 2 inches in
height.
(aa) This Planning Commission approval is for the location c
and the tennis court only. The gazebo plans and
structure plans shall be submitted to the Planning
f the gaz
tennis c
Division
Ifor
8
separate review and approvals prior to the issuance of building
permits.
(bb) Maximum height of the residence shall not exceed 3 feet fro the
finish grade at any exterior wall of the structure to the h ghest po nt of
the roofline. The 35 feet includes the chimneys. At of sheathing
inspection, the Applicant shall have a licensed engineer certi that
the height of the residential structure meets this requirement and
submit it to the Building and Safety Division for review and appr val.
(cc) The single-family residence shall not be utilized in manner that
creates adverse effects upon the neighborhood and nvironm ntal
setting of the residential site to levels of dust, glare/ligh , noise, o
traffic, or other disturbances to the existing residential eighbor ood
and shall not result in significantly adverse effects on p ublic se ices
and resources. The single-family residence shall n be use for
commercial/institutional purposes, or otherwise used s a sep rate
dwelling. The property shall not be used for regular gat erings hich
result in a nuisance or which create traffic and parking p oblems i the
neighborhood.
(dd) The applicant shall complete and record a "Covenant a nd Agree
to Maintain a Single Family Residence" on a form to b provid by
the City. The covenant must be completed and record with th Los
Angeles County's Recorder's Office prior to the issuanc e of a bui
permit.
(ee) The Applicant shall comply with the requirements of the
Department and City Planning, Building and Safety, and Public V
Divisions.
(ff) This grant is valid for two (2) years and shall a exerc sed
(i.e., construction) within that period or this grant shall a pire. A one -
(1) year extension may be approved when submitted o the Ci in
writing at least 60 days prior to the expiration date. he Planing
Commission will consider the extension request at a duly not ced
public hearing in accordance with Chapter 22.72 o the Cit of
Diamond Bar Municipal Code.
(gg) This grant shall not be effective for any purpose until he perm tee
and owner of the property involved (if other than the pe mittee) have
filed, within fifteen (15) days of approval of this grant, t 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.
9
(hh) If the Department of Fish and Game determines that F
Code Section 711.4 applies to the approval of this pr(
applicant shall remit to the City, within five days c
approval, a cashier's check of $25.00 for a documentar
in connection with Fish and Game Code requirements. f
this project is not exempt from a filing fee imposed
project has more than a deminimis impact on fish an
applicant shall also pay to the Department of Fish ai
such fee and any fine which the Department determine
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, b,
to Vinod Bhatia, 56 Westbrook Lane, Pomona, CA 91
Volbeda, 615 North Benson Avenue, Unit D, Upland, I
APPROVED AND ADOPTED THIS 27"' DAY OF MAY 2003, BY
COMMISSION OF THE CITY OF DIAMOND BAR.
Tye,
I, James DeStefano, Planning Commission Secretary, do hereby certify that
Resolution was duly introduced, passed, and adopted, at a regular meeting o
Commission held on the 27 "' day of May 2003, by the following vote:
AYES: Commissioners: Ruzicka, Nelson, Tanaka,
NOES:
ABSENT: Commissioner: V/C Nolan
ABSTAIN:
n
ATTEST:I
mes Des—efano, Secretary
dor,
ent
ding
i and G ame
:ct, the the
this gr ant's
iandlin fee
rtherm re, if
iecaus the
wildlife the
Game any
to be o ed.
certified
'66 and
A 9178E
NG
the
Tye
10