HomeMy WebLinkAboutPC 2003-18PLANNING COMMISSION
RESOLUTION NO. 2003-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE C TY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-06/
MINOR VARIANCE NO. 2003-03/TREE PERMIT NO. 2003-0 AND
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A HREE
STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, COVERED
PATIO/OPEN AIR AREA, AND THREE CAR GARAGE TOTALI 4G TO
APPROXIMATELY 12,806 GROSS SQUARE FEET. THE REQUES ALSO
INCLUDES SITE RETAINING WALLS UP TO AN EXPOSED HEI HT OF
SEVEN (7) FEET IN THE REAR YARD, A REDUCED FRONT YARD
SETBACK AT 24 FEET, AND THE REMOVAL AND REPLACEMENT OF
PROTECTED/PRESERVED TREES. THE PROJECT'S ADDRESS IS
23135 RIDGELINE ROAD (LOT 38, TRACT NO. 30091), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
The property owner, Vipin Vadecha, and Applicant, Simon ShL
m, have
filed
' an application to approve Development Review No. 2003-06/M
inor VariE
nce
No. 2003-03/Tree Permit No. 2003-02, and Categorical EXE
mption for
a
property located at 23135 Ridgeline Road, Diamond Bar,
os Angeles
County, California, as described in the title of this Resolution,
Nereinafter
in
this Resolution, the subject Development Review, Minor Variance,
ree
Permit, and Categorical Exemption shall be referred to as the "
pplicati
n."
2. On June 3, 2003, 70 property owners within a 500 -foot radius
of the pro
ect
site were notified by mail and three other sites were posted
application's vicinity. On June 10, 2003, notification of the
in
hearing
the
for
public
this project was made in the San Gabriel Valle Tribune newspaper
notice of public hearing on a display board was posted at
and
he site.
a
On
June 12, 2003, notification of the public hearing for this project
was made
in
the Inland Valley Daily Bulletin newspaper.
3. On June 24, 2003, the Planning Commission of the City of
iamond
conducted and concluded the public hearing on the Applicatio
.
ar
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved byte Plan
Commission of the City of Diamond Bar as follows:
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 determines that the project identified
above in this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines
promulgated there under. This is pursuant to Section 15303(a)) of Article 19
of Chapter 3, Title 14 of the California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a parcel at 23135 Ridgeline Road (Lot 38, Tract
No. 30091) Diamond Bar, California. The parcel is 2.36 gross acres.
It is a vacant near rectangular shaped lot. The project site contains
protected/preserved trees for which the Applicant requests a Tree
Permit to remove and replace.
(b) The project site is zoned R-1-40,000 for single-family residence. Its
General Plan Land Use designation is Rural Residential (RR)
1 /du/acre.
(c) The R-1-40,000 Zone surrounds the subject site to the east, west and
south and the R-1-8,000 Zone is to the north.
(d) The application is a request to construct a three story single-family
residence with balconies, covered patio/open air area, and three car
garage totaling to approximately 12,806 gross square feet. The
request also includes site retaining walls up to an exposed height of
seven (7) feet in the rear yard, a reduced front yard setback at
24 feet, and the removal and replacement of protected/preserved
trees.
2
1
1
11
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is onsiste t with
the General Plan, development standards of the app icable district,
design guidelines, and architectural criteria for sp cialized area
(e.g., theme areas, specific plans, community plans, oulevar s, or
planned developments).
The vacant project site was established before the a0foption
of
the
City's General Plan. However, the proposed project co
plies wim
the
elements of the adopted General Plan of July 25, 199,5'
which
as a
land use designation of Rural Residential (RR).
The proposed
structures comply with the City's General Plan o
' ctives
and
strategies related to maintaining the integrity
of residential
neighborhoods and open space. The proposed use
is zoned
for
single-family residence, R-1-40,000. The main strLicture
and
its
placement on the parcel conform to the site coverage
and height
criteria of the Diamond Bar Municipal Code.
The reduced front yard setback as proposed is consistent
wit
the
neighborhood since many homes on Ridgeline Road h
a ve a 20
feet
front setback. The topography and the constraints of h
gher wa
s at
the rear in order to move the structure further from the
font property
line are special circumstances applicable to the grope
v.
The proposed design and layout is compatible with the eclectic
architectural style, design, materials, and colors of existing ho es
within the surrounding area. The Applicant has obtained approval
from The Country Estates Homeowners Architectura Committee.
There is no specific or additional community planned de elopmen 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 Applicant has obtained approval from
Estates Homeowners Architectural Committee. The m,
and its placement on the parcel conform to the site cc
height criteria of the Diamond Bar Municipal Code.
3
of interf re
or fut re
gle-
The reduced front yard setback as proposed is consistent with the
neighborhood since many homes in the tract have a 20 feet front
setback. The topography and the constraints of higher walls at the
rear in order to move the structure further from the front property line
are special circumstances applicable to the property.
Steeplechase Lane and Ridgeline Road 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 project's architectural features include a single story streetscape
elevation. The focal point of this elevation is the three cupolas with
the entry cupola in the center having arches, columns, and bronze
metal roof. Stucco deco foam moldings, and two colors of stucco,
light beige (Carida) and darker beige Dolce. Additionally, the layering
of materials and finishes, stucco, stone and multi-levels of MCA's
carbon Blend (rust) concrete tile rooflines add texture and contrast.
The Applicant has obtained approval from The Country Estates
Homeowners Architectural Committee. The proposed project's
architectural design and palette are compatible with the architectural
style of other homes within the tract and are consistent with the City's
General Plan, Municipal Code, and Design Guidelines.
(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.
12
r,
The proposed project will not be detrimental to the Ipublic
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 a
construction. These processes will ensure that the finis,
not be detrimental to the public health, safety, or welfar,
injurious to the properties or improvements in the vicir
The terrain in the vicinity of Ridgeline Road is hilly. T
Ridgeline Road generally follow the ridgeline. This trac
tracts surrounding the site have terraced pads created
By maintaining the allo wed height of 35 feet, the propos
structure allows view corridors to its neighbors. Thereh
not consider this proposed residence detrimental to
views.
ve affe
ropertic
soils
or
and the
nthe te
, staff
filth,
on
or
Tort
for
will
ally
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act ( EQA).
The City has determined that the proposed project is Categorically
' Exempt pursuant to the guidelines of the California E vironme tal
Quality Act of 1970 (CEQA), Section 5303(a).
MINOR VARIANCE
(k) There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or of ler
conditions), so that the strict application of the City's Mu icipal Cc de
denies the property owner privileges enjoyed by other propE rty
owners in the vicinity and under identical zoning districts c r creates an
unnecessary and non -self created, hardship or ur reasonable
regulation which makes it obviously impractical to require compliance
with the development standards.
The Minor Variance approval allows a front setback at 2 feet.
current Diamond Bar Code requires a 30 feet front set ack for
Rural Residential building standards.
The reduced front yard setback as proposed is consistent with
neighborhood since many homes in the tract have a X feet i
setback.
5
The existing slope topography and the constraints of higher walls at
the rear in order to move the structure further from the front property
line are special 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 Municipal 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.
(I) 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 dwelling 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 for this lot of very steep
topography is constructed with retaining walls. To move the structure
further from the front setback would require higher walls. It is called
chasing a slope. Therefore, 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 Minor 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 minor given
the circumstances and would not cause any negative impacts and the
intent of the Code will still be satisfied.
C
(n) The proposed entitlement would not be detrimental
to the
public
' interest, health, safety, convenience, or welfare of th
City.
Before the issuance of any City permits, the prop
sed project
is
required to comply with all conditions within the apprc
ved reso
fution
and the Building and Safety Division, Public Works Division,
and
Fire
Department requirements. The referenced agencies
througn
the
permit and inspection process will ensure that the prop
9sedproject
is
not detrimental to the public health, safety or welfar&
or mate
rially
injurious to the properties or improvements in the vicinity,
(o) The proposed project has been reviewed in compliance
wiff
the
provisions of the California Environmental Quality Act
CEQA).
The City has determined that the proposed project is
Categorically
Exempt pursuant to the guidelines of the California
nvironm
ntal
Quality Act of 1970 (CEQA), Section 15303(a).
TREE PERMIT
(p) Preservation of the tree is not feasible and would compromise the
Property's owner's reasonable use and enjoyment of propert or
surrounding land and appropriate mitigation meas res will be
implemented in compliance with Section 22.3 .130 (Tree
Replacement/Relocation Standards).
Given the location of the building pad and the retains g walls it is
necessary to remove 14 preserved/protected trees. To maintain the
trees would place an unreasonable hardship on the applicant to
construct a residence with a logical and rational layout that resp cts
the varying topography. However, the trees will be rept ced at a 3:1
ratio with a like for like protected/preserved species and a mini um
24 -inch box size for the oaks, 15 gallon for walnuts.
5. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject tote following
conditions:
(a) The project shall substantially conform to site plan, floor pla s,
elevations/sections, landscape plan, and materials/c lors board
collectively labeled as Exhibit "A" dated June 24, 2003,s submit ed
to and approved by the Planning Commission and a amenced
herein.
(b) The subject site shall be maintained in a condition tht is free of
debris both during and after the construction, dditi on, or
7
implementation of the entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or subsequent to
construction, shall be done only by the property owner, 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 WORKSIBUILDING 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;
E-3
9. Retaining walls shall not exceed a maximum exp
osed height
of
seven (7) feet in the year yard and six (6) feet in
the side
ard.
10. Engineered calculations shall be submitted with
retaining
Nalls
(APWA Standard is not applicable);
Discharge
11. Indicate retaining wall locations on grading plan
and delin
ate:
(a) Top of wall;
the
(b) Top of footing;
(c) Finish Surface;
to
he
(d) Structural calculations.
approve
he
12. All grading shall be subject to Mun
cipal C
ode
Sections 22.16.030 (Air Emissions) and Section
22.28 (No
se);
13. Hydrology calculations showing capacity of proposed
drair
age
devices as well as existing drainage structures on
site shI
be
reviewed and approved by Public Works Divisio
;
14. Railings atop retaining walls holding a fill shall
of exce
d a
maximum height of 42 inches.
blic Wo
s
1
1
(g) If applicable, the Applicant shall comply with Standard rban Strm
Water Mitigation Plan requirements to the satisfactio of the ity
Engineer.
(h) Before the issuance of any City permits, erosion control plans
shall
be
submitted for the City's review and approval. Measures
shall be
in
place for construction started after September 15, through
April
15.
The erosion control plan shall conform to National Pollutant
Discharge
Elimination System (NPDES) standards and incorporate
the
appropriate Best Management Practices (BMP's). Additionally,
the
Applicant shall obtain the necessary NPDES permits.
(i) Applicant shall verify that the project site is currently connected
to
he
public sewer system and the Sanitation District shall
approve
he
impacts on the sewage capacity as a result of the proposed
struCtL
re.
(j) Applicant shall submit an application to the Walnut Valley
Wa
er
District as necessary, and submit their Fire Flow form approval
to tie
Building and Safety Division prior to the issuance of building
permits.
(k) Site, driveway grade, and house design shall be approveq
by the F
re
Department. The maximum slope is 15% per the P
blic Wo
s
Division.
(I) The single-family structure shall meet the 2001 Califorr is Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
{m} Applicant shall show ventilation for the Prayer Room.
0
(n) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(o) The single-family structure requires l=ire Department approval and is
located in "High Fire Zone" 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 '/z inch
screen.
(p) This single-family structure shall meet the State Energy Conservation
Standards.
(q) Due to the site's topography and three-story structure, Applicant shall
comply with special design requirements as specified in the 2001
California Building Code.
(r) All sleeping rooms shall have windows that comply with egress
requirements.
(s) All balconies shall be designed for 40 pound per square foot live load.
(t) Hand rails and guardrails shall be designed for 20 -pound load applied
laterally at the top of the rail.
(u) Smoke detectors shall be provided in conformance with the 2001
California Building Code.
(v) Application shall provide window and door schedule for Building and
Safety plan check.
PLANNING DIVISION
(w) 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
10
street's dedicated easement or exceed a maximum) 42 inc4s in
height.
manner
hat
(x) Prior to the issuance of any city permits, the applicant
shall sub
it a
final landscape/irrigation plan for the entire site that delineates
noise, odor,
the
type of planting materials color, size, quantity and local
on, for r
view
and approval by the City's Planning Division. The plar
shall include
the installation of 42 specimen preserve d/p rote cte
J specie
(a
replacement value of 3:1) for like species and of an ap
ropriate
size
to be approved by the Planning Division. Additional
plant species
shall be included to mask the proposed retaining walls
and structure
the
wails at the rear of the property. All trees shall be indicated
on
the
site plan, grading plan, and landscape plan. .
(y) All landscaping and irrigation shall be installed prior to t
e issuan
a of
a Certificate of Occupancy.
(z) Prior to the issuance of any City permit, protection requirements as
required per Municipal Code Section 22.38 shall be installec for
protected/preserved species left on site. The Planning Division shall
verify fencing.
(aa) Prior to any Home Based Business use in the propose offices, the
Owner shall obtain a Zoning Clearance subject to t e stand rds
outlined in Municipal Code Section 22.42.070.
(bb) The single-family residence shall not be utilized in a
manner
hat
creates adverse effects upon the neighborhood and eivironmeltal
setting of the residential site to levels of dust, glare/light
noise, odor,
traffic, or other disturbances to the existing residential n
eighborhood
and shall not result in significantly adverse effects on public
Services
and resources. The single-family residence shall not
be used
for
commercial/institutional purposes, or otherwise used as
a sepa
ate
dwelling. The property shall not be used for regular gatherings
which
result in a nuisance or which create traffic and parking pr
blems in
the
neighborhood.
(cc) The Applicant shall complete and record a "Covenant an J Agreerr ent
to Maintain a Single-family Residence" on a form to be providec by
the City. The covenant must be completed and recordec with the os
Angeles County's Recorder's Office prior to the issuance of a builc ing
permit.
(dd) The Applicant shall complete and record a "Covenant and Agreem nt"
' that will follow the land on a form to be provided by the ity that he
lowest level of the structure shall not be enclosed for li able space
11
without the addition of covered parking spaces and Planning
Commission approval. The covenant must be completed and
recorded with the Los Angeles County's Recorder's Office prior to the
issuance of a building permit.
(ee) The Applicant shall comply with the requirements of the Fire
Department and City Planning, Building and Safety, and Public Works
Divisions.
(ff) 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.
(gg) 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 Municipal Code.
(hh) 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.
(ii) 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
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(b) Forthwith transmit a certified copy of this Resolution, by certified mail
' to Vipin Vadecha at 21803 Paint Brush Lane, Diamond Ba , CA
91765 and Simon Shum and Rodel Urmatan at 20272 Carrey F oad,
Walnut, CA 91789.
1
APPROVED AND ADOPTED THIS 24th DAY OF JUNE 2003, BY TH� PLANJING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Tye, Cha# an
I, .fames DeStefano, Planning Commission Secretary, do hereby certify that the foreoing
Resolution was duly introduced, passed, and adopted, at a regular meeting f the Pla n#ng
Commission held on the 24th day of June 2003, by the following vote:
AYES: COMMISSIONERS: Ruzicka, Tanaka, V/C Nolan, Chair ye
NOES. COMMISSIONERS:
ABSENT: COMMISSIONER: Nelson
ABSTAIN: COMMISSIONERS:
ATTEST:
James De tefano, Secretary
13
PLANNING COMMISSION
RESOLUTION NO. 2003-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
MINOR VARIANCE NO. 2003-031TREE PERMIT NO. 20034
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A
STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, CC
PATIO/OPEN AIR AREA, AND THREE CAR GARAGE TOTAL
APPROXIMATELY 12,806 GROSS SQUARE FEET. THE REQUES
INCLUDES SITE RETAINING WALLS UP TO AN EXPOSED HER
SEVEN 7 F
OF
AND
ERED
IG TO
ALSO
-IT OF
() EE T IN THE REAR YARD, A REDUCED FRONT YARD
SETBACK AT 24 FEET, AND THE REMOVAL AND REPLACEMENT OF
PROTECTED/PRESERVED TREES. THE PROJECT'S ADDRESS IS
23135 RIDGELINE ROAD (LOT 38, TRACT NO. 30091), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
1. The property owner, Vipin Vadecha, and Applicant, Simon Sh m, have
an application to approve Development Review No. 2003-06/Minor Van.
No. 2003-03/Tree Permit No. 2003-02, and Categorical Exemption 1
property located at 23135 Ridgeline Road, Diamond Bar, Los Anc
County, California, as described in the title of this Resolution. ereinaft
this Resolution, the subject Development Review, Minor Variance, '
Permit, and Categorical Exemption shall be referred to as the " oolicati
2. On June 3, 2003, 70 property owners within a 500 -foot radius f the pn
site were notified by mail and three other sites were posted in
application's vicinity. On June 10, 2003, notification of the publ' hearin
this project was made in the San Gabriel Valley Tribune new aper ai
notice of public hearing on a display board was posted at he site.
June 12, 2003, notification of the public hearing for this project as mat
the Inland Valley Daily Bulletin newspaper.
3. On June 24, 2003, the Planning Commission of the City of iamond
conducted and concluded the public hearing on the Applicatio .
B. RESOLUTION
a
in
for
in
NOW, THEREFORE, it is found determined and resolved by t e Plann
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of
the facts set
forth in the Recitals, Part A, of this Resolution are true and
correct.
The Planning Commission hereby determines that the project
identified
above in this Resolution is categorically exempt from the
requirements of the
California Environmental Quality Act of 1970 (CEQA) and
guidelines
promulgated there under. This is pursuant to Section 15303(a))
of Article 19
of Chapter 3, Title 14 of the California Code of Regulations.
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 23135 Ridgeline Road
(Lot 38, Tract
No. 30091) Diamond Bar, California. The parcel is 2.36 gross
acres.
It is a vacant near rectangular shaped lot. The project site
contains
protected/preserved trees for which the Applicant requests a
Tree
Permit to remove and replace.
(b) The project site is zoned R-1-40,000 for single-family
residence. Its
General Plan Land Use designation is Rural Residential (RR)
1 /du/acre.
(c) The R-1-40,000 Zone surrounds the subject site to the
east, west and
south and the R-1-8,000 Zone is to the north.
(d) The application is a request to construct a three story
single-family
residence with balconies, covered patio/open air area, and
three car
garage totaling to approximately 12,806 gross square feet. The
request also includes site retaining walls up to an exposed
height of
seven (7) feet in the rear yard, a reduced front yard setback
at
24 feet, and the removal and replacement of protected/preserved
trees.
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DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is onsiste t with
the General Plan, development standards of the applicable di trict,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, 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, 199 , which as a
land use designation of Rural Residential (RR). he proposed
structures comply with the City's General Plan objectives and
strategies related to maintaining the integrity f residential
neighborhoods and open space. The proposed use is zone for
single-family residence, R-1-40,000. The main str cture an its
placement on the parcel conform to the site coverage and height
criteria of the Diamond Bar Municipal Code.
The reduced front yard setback as proposed is consistent wit the
neighborhood since many homes on Ridgeline Road have a 20 feet
front setback. The topography and the constraints of h gher waifs at
the rear in order to move the structure further from the ront property
line are special circumstances applicable to the properly.
I
, properly.
The proposed design and layout is compatible with the eclectic
architectural style, design, materials, and colors of ex'sting ho es
within the surrounding area. The Applicant has obtained approval
from The Country Estates Homeowners Architectura) Committee.
There is no specific or additional community planned de I elopmen for
the site.
(f) The design and layout of the proposed development will not interf re
with the use and enjoyment of neighboring ex.sti or fut re
development, and will not create traffic or pedestrian h ards.
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 Applicant has obtained approval from
Estates Homeowners Architectural Committee. The m,
and its placement on the parcel conform to the site cc
height criteria of the Diamond Bar Municipal Code.
3
The reduced front yard setback as proposed is consistent
with the
neighborhood since many homes in the tract have a 20 feet
front
setback. The topography and the constraints of higher
walls at the
rear in order to move the structure further from the front
property line
are special circumstances applicable to the property.
Steeplechase Lane and Ridgeline Road 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 project's architectural features include a single
story streetscape
elevation. The focal point of this elevation is the three
cupolas with
the entry cupola in the center having arches, columns, and
bronze
metal roof. Stucco deco foam moldings, and two colors of
stucco,
light beige (Carida) and darker beige Dolce. Additionally,
the layering
of materials and finishes, stucco, stone and multi-levels
of MCA's
carbon Blend (rust) concrete tile rooflines add texture
and contrast.
The Applicant has obtained approval from The Country
Estates
Homeowners Architectural Committee. The proposed project's
architectural design and palette are compatible with the
architectural
style of other homes within the tract and are consistent
with the City's
General Plan, Municipal Code, and Design Guidelines.
(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 colorsl materials board is provided. The colors,
materials,
and textures proposed are complimentary to the existing
homes within
the area while offering variety.
4
(1) The proposed project will not
safety, or welfare or material)
property values orresale(s)
improvements in the vicinity.
be detrimental to the public
y injurious (e.g., negative al
of property) to the propel
Structural plan checks, City permits and inspectic
review and approval, and Fire Department approvals
construction. These processes will ensure that the fin
not be detrimental to the public health, safety, or welh
injurious to the properties or improvements in the vic
The terrain in the vicinity of Ridgeline Road is hilly. T
Ridgeline Road generally follow the ridgeline. This trac
tracts surrounding the site have terraced pads created
By maintaining the allowed height of 35 feet, the propos
structure allows view corridors to its neighbors. Therefr
not consider this proposed residence detrimental to
views.
on
or
soils report
e required for
ed proje t will
ormate Tally
ly.
'e parcel on
and the Ider
n the ter ain.
?d reside tial
re, staff oes
Q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act ( EQA).
The City has determined that the proposed project is
Exempt pursuant to the guidelines of the California E
Quality Act of 1970 (CEQA), Section 15303(a).
MINOR VARIANCE
(k) There are special circumstances applicable to the pi
(e.g., location, shape, size, surroundings, topography, or
conditions), so that the strict application of the City's Mu icipa
denies the property owner privileges enjoyed by other pr
owners in the vicinity and under identical zoning districts r cres
unnecessary and non -self created, hardship or a reasc
regulation which makes it obviously impractical to require comF
with the development standards.
The Minor Variance approval allows a front setback at 2— feet.
current Diamond Bar Code requires a 30 feet front settpack for
Rural Residential building standards.
The reduced front yard setback as proposed is consist nt with
neighborhood since many homes in the tract have a 2 feet t
setback.
5
The existing slope topography and the constraints of
higher walls at
the rear in order to move the structure further from the
front property
line are special 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
Municipal Code to
the front setback requirement denies the property owner
privileges
enjoyed by other property owners in the vicinity and
under identic&
zoning districts and creates an unnecessary and non -self
createo
hardship that makes it obviously impractical to require
compliance
with the development standards.
(I) 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 dwelling 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 for this lot of
very steep
topography is constructed with retaining walls. To move
the structure
further from the front setback would require higher
walls. It is called
chasing a slope. Therefore, 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 Minor 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 minor given
the circumstances and would not cause any negative
impacts and the
intent of the Code will still be satisfied.
6
(n) The proposed entitlement would not be detrimenta to the public
interest, health, safety, convenience, or welfare of th City.
Before the issuance of any City permits, the prop sed project is
required to comply with all conditions within the appr ved reso ution
and the Building and Safety Division, Public Works Di ision, an Fire
Department requirements. The referenced agenci throug the
permit and inspection process will ensure that the prop sed prod ct is
not detrimental to the public health, safety or welfar or matqrially
injurious to the properties or improvements in the v/ci itv.
I.
(o) The proposed project has been reviewed in compliance wit the
provisions of the California Environmental Quality Act CEQA).
The City has determined that the proposed project is Categorically
Exempt pursuant to the guidelines of the California Environmental
Quality Act of 1970 (CEQA), Section 15303(a).
TREE PERMIT
(p) Preservation of the tree is not feasible and would compromise the
property's owner's reasonable use and enjoyment o proper t/ 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 retaining walls 't is
necessary to remove 14 preserved/protected trees. To maintain the
trees would place an unreasonable hardship on the applicant to
construct a residence with a logical and rational layout hat respects
the varying topography. However, the trees will be replaced at a 3:1
ratio with a like for like protected/preserved species an a minimum
24 -inch box size for the oaks, 15 gallon for walnuts.
5. Based upon the findings and conclusion set forth above, t —e PIi
Commission hereby approves this Application subject to t.I'e fol
conditions:
(a) The project shall substantially conform to site plan, floor plais,
elevations/sections, landscape plan, and materials/colors bo rd
collectively labeled as Exhibit "A" dated June 24, 2003, s submit ed
to and approved by the Planning Commission and a amen d
herein.
(b) The subject site shall be maintained in a condition th t is free
debris both during and after the construction, addition,
7
implementation of the entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or subsequent to
construction, shall be done only by the property owner, 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;
8
9. Retaining walls shall not exceed a maximum ex osed hei ht of
seven (7) feet in the year yard and six (6) feet in the side and
10. Engineered calculations shall be submitted with retaining ails
(APWA Standard is not applicable);
11. Indicate retaining wall locations on grading plan and delin ate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface;
(d) Structural calculations.
12. All grading shall be subject to Mun icipal ode
Sections 22.16.030 (Air Emissions) and Section 2.28 (N se);
13. Hydrology calculations showing capacity of propo sed drai age
devices as well as existing drainage structures o site sh I be
reviewed and approved by Public Works Divisio ;
14. Railings atop retaining walls holding a fill shall of excee d a
maximum height of 42 inches.
(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 be
submitted for the City's review and approval. Measure shall b in
place for construction started after September 15, through April 15.
The erosion control plan shall conform to National Pollutant Disch ge
Elimination System (NPDES) standards and incorporate he
appropriate Best Management Practices (BMP's). Additionally, he
Applicant shall obtain the necessary NPDES permits.
(i) Applicant shall verify that the project site is currently connected
to he
public sewer system and the Sanitation District shall approve he
impacts on the sewage capacity as a result of the propos d struct re.
(j) Applicant shall submit an application to the Walnut V Iley Wa er
District as necessary, and submit their Fire Flow form ap roval to e
Building and Safety Division prior to the issuance of build ng perm s.
(k) Site, driveway grade, and house design shall be approve by the
Department. The maximum slope is 15% per the Public W
Division.
(I) The single-family structure shall meet the 2001 California Buil
Code, California Plumbing Code, California Mechanical Code,
California Electrical Code requirements.
(m) Applicant shall show ventilation for the Prayer Room.
9
(n) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(o) The single-family structure requires Fire Department approval
and is
located in "High Fire Zone" 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 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 '/2 inch
screen.
(p) This single-family structure shall meet the State Energy
Conservation
Standards.
(q) Due to the site's topography and three-story structure,
Applicant shall
comply with special design requirements as specified in the 2001
California Building Code.
(r) All sleeping rooms shall have windows that comply with egress
requirements.
(s) All balconies shall be designed for 40 pound per square foot
live load.
(t) Hand rails and guardrails shall be designed for 20 -pound load
applied
laterally at the top of the rail.
(u) Smoke detectors shall be provided in conformance with the 2001
California Building Code.
(v) Application shall provide window and door schedule for Building
and
Safety plan check.
PLANNING DIVISION
(w) 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
10
street's dedicated easement or exceed a maximum) 42 inches in
height.
(x) Prior to the issuance of any city permits, the applicant hall sub it a
final landscape/irrigation plan for the entire site that d elineates the
type of planting materials color, size, quantity and locat on, for r view
and approval by the City's Planning Division. The pla shall in lude
the installation of 42 specimen preserved/protecte specie (a
replacement value of 3:1) for like species and of an ap propriate size
to be approved by the Planning Division. Additional plant spe cies
shall be included to mask the proposed retaining walls and struc ture
walls at the rear of the property. All trees shall be ind icated o the
site plan, grading plan, and landscape plan. .
(y) All landscaping and irrigation shall be installed prior to t e issuan a of
a Certificate of Occupancy.
(z) Prior to the issuance of any City permit, protection re uirement as
required per Municipal Code Section 22.38 shall be installe for
protected/preserved species left on site. The Planning Division hall
verify fencing.
(aa) Prior to any Home Based Business use in the propose offices,) the
Owner shall obtain a Zoning Clearance subject to t e stand rds
outlined in Municipal Code Section 22.42.070.
(bb) The single-family residence shall not be utilized in a manner hat
creates adverse effects upon the neighborhood and a vironm tal
setting of the residential site to levels of dust, glare/light noise, o dor,
traffic, or other disturbances to the existing residential n ighborh od
and shall not result in significantly adverse effects on p blic servi ces
and resources. The single-family residence shall not be used for
commerciaVinstitutional purposes, or otherwise used a a sepa ate
dwelling. The property shall not be used for regular gath erings wh ich
result in a nuisance or which create traffic and parking pr oblems in the
neighborhood.
(cc) The Applicant shall complete and record a "Covenant an Agree ent
to Maintain a Single-family Residence" on a form to be provide by
the City. The covenant must be completed and recorded with the os
Angeles County's Recorder's Office prior to the issuance of a buil ing
permit.
(dd) The Applicant shall complete and record a "Covenant andlAgreem
that will follow the land on a form to be provided by the JJ—r';;rity that
lowest level of the structure shall not be enclosed for 1i able sp
11
without the addition of covered parking spaces and
Planning
Commission approval. The covenant must be completed and
recorded with the Los Angeles County's Recorder's Office
prior to the
issuance of a building permit.
(ee) The Applicant shall comply with the requirements of
the Fire
Department and City Planning, Building and Safety, and
Public Works
Divisions.
(ff) 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.
(gg) 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 Municipal Code.
(hh) 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.
(ii) 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
12
(b) Forthwith transmit a certified copy of this Resolution, b certifie mail
to Vipin Vadecha at 21803 Paint Brush Lane, Dia and Bar . CA
91765 and Simon Shum and Rodel Urmatan at 20272 Carrey oad.
Walnut, CA 91789.
APPROVED AND ADOPTED THIS 24th DAY OF JUNE 2003, BY TH— PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Tye, Chai an
I, James DeStefano, Planning Commission Secretary, do hereby certify
thatlthe f
Resolution was duly introduced, passed, and adopted, at a regular meeting
fthe
Commission held on the 24th day of June 2003, by the following vote:
AYES: COMMISSIONERS: Ruzicka, Tanaka, WC Nola , Chair
NOES: COMMISSIONERS:
ABSENT: COMMISSIONER: Nelson
ABSTAIN: COMMISSIONERS:
ATTEST:-'
James De tefano, Secretary
13