The URL can be used to link to this page

Home My WebLink AboutPC 2003-35PLANNING COMMISSION RESOLUTION NO. 2003-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-13(1) AND CATEGORICAL EXEMPTION ALLOWING FOR CHANGES TO AN APPROVED PLAN BY ADDING APPROXIMATELY 550 SQUARE FEET OF FLOOR AREA TO A 7,466 SQUARE FOOT SINGLE FAMILY DWELLING AND PERMITTING REVISIONS TO THE EXTERIOR ELEVATIONS. THE PROJECT SITE IS LOCATED AT 2817 WAGON TRAIN LANE (APN 8713-013-011), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant S & W Development, acting as the agent for the property owner, Harshad and Raksha Shah, has filed an application for Development Review No. 2002-13(1)and categorical exemption for a property located at 2817 Wagon Train Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On November 11, 2003, public hearing notices were mailed to all property owners within a 500 -foot radius of the project site, and posted in three public places. On November 11, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 3. On November 25, 2003, the Planning Commission of the City of Diamond Bar conducted and included a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Article 19 Section 15301 (a) (New 1 Construction or Conversion of Small Structure). Furthermore, the Categorical Exemption reflects the independent judgment of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a developed parcel of land, which is located in the gate - guarded community known as the Country Estates. The site contains .62 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular in shape; it fronts on a private street (Wagon Train Lane); and it slopes in a northerly direction. (b) The project site has a General Plan land use designation of Rural Residential. (c) The project site is zoned Single-family Residential -Minimum Lot Size 20,000 square feet (R 1-20,000). (d) Generally, the site is surrounded to the north, south, east and west with R- 1-20,000 zoned property. (e) The previously approved expansion and remodeled layout resulted in a 7,466 square foot cantilever -designed residence with three (3) floors currently under construction. (f) The application request is to modify all three floors of the previously approved project. The first floor will be increased by adding a bay window with seating to the dining room (approximately 36 square feet) located on the south facing (front) elevation of the dwelling. The bay window will not encroach into the legal nonconforming 29'-1" front yard setback distance. Therefore, no modifications are necessary to the previously approved Minor Conditional Use Permit. Other less significant changes include relocating a bay window in the kitchen, providing a bay window to north wall of the master bedroom and increasing the size of a skylight in master bedroom walk-in closet. The second floor has been altered to add approximately 320 square feet to the southeast side of the home. The area provides for a gym, sitting room and bathroom. Additionally, several walls within the adjoining laundry room, bathroom and hobby room will be altered (no expansion) to create a multimedia room, laundry room and removal of the bathroom. 4. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: 2 (a) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates" On July25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1- 20,000 zone and the City's Hillside Management Ordinance. (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. The project site is an existing developed single-family residential estate parcel of land surrounded by existing residential development. The proposed project will compliment the development of the neighborhood. (c) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance he harmonious orderly and attractive development contemplated by the Development Code, the General Pian or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Access to the proposed project is obtained from a fully developed private street. (d) 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, and will remain aesthetically appealing. The eclectic Spanish Mediterranean style proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. (e) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection 3 process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (CEQA), has been conducted. Based on that assessment, the City has determined the project to be Categorically Exempt under Article 19 Section 15301(a) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on November 25, 2003 and as amended herein. (b) All conditions set forth in Planning Commission Resolution No. 2002-21 approved and adopted on August 13, 2002 shall be adhered to in their entirety, except for condition (a), which shall be replaced by this resolutions condition (a). (c) Rooftop runoff from the proposed improvements shall be directed to purvious areas such as yards, vegetated open channels or areas where practical. Drainage pattern were rooftop runoff will flow around the building shall be shown on the site and landscape plans or separate drainage plans. (d) On a revised site plan and landscape plan, the restricted use area shall be delineated. (e) This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 4 1 (b) Forthwith transmit certified copies of this Resolution, by certified mail, to: Harshad and Raksha Shah, 2817 Wagon Train Lane, Diamond Bar, CA 91765-2346 and S&W Development, 20272 Carrey Road, Walnut, CA 91789. APPROVED AND ADOPTED THIS 25g DAY OF NOVEMBER 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. C iUBY: '471 L�--' Ste ye, Chai man I, .fames DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of November 2003, by the following vote: AYES: VC/Nolan, Tanaka, Nelson, Wei, C/Tye NOES: None ABSENT: None ABSTAIN: None l� ATTEST: •.- ames DeS fano, Secretary 5 PLANNING COMMISSION RESOLUTION NO. 2003-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-13(1) AND CATEGORICAL EXEMPTION ALLOWING FOR CHANGES TO AN APPROVED PLAN BY ADDING APPROXIMATELY 550 SQUARE FEET OF FLOOR AREA TO A 7,466 SQUARE FOOT SINGLE FAMILY DWELLING AND PERMITTING REVISIONS TO THE EXTERIOR ELEVATIONS. THE PROJECT SITE IS LOCATED AT 2817 WAGON TRAIN LANE (APN 8713-013- 011), DIAMOND BAR, CALIFORNIA. A. RECITALS. The applicant S & W Development, acting as the agent for the property owner, Harshad and Raksha Shah, has filed an application for Development Review No. 2002-13(1)and categorical exemption for a property located at 2817 Wagon Train Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On November 11, 2003, public hearing notices were mailed to all property owners within a 500 -foot radius of the project site, and posted in three public places. On November 11, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 3. On November 25, 2003, the Planning Commission of the City of Diamond Bar conducted and included a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Article 19 Section 15301 (a) (New Construction or Conversion of Small Structure). Furthermore, the Categorical Exemption reflects the independent judgment of the City of Diamond Bar. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a developed parcel of land, which is located in the gateguarded community known as the Country Estates. The site contains .62 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular in shape; it fronts on a private street (Wagon Train Lane); and it slopes in a northerly direction. (b) The project site has a General Plan land use designation of Rural Residential. (c) The project site is zoned Single-family Residential -Minimum Lot Size 20,000 square feet (R 1-20,000). (d) Generally, the site is surrounded to the north, south, east and west with 81- 20,000 zoned property. (e) The previously approved expansion and remodeled layout resulted in a 7,466 square foot cantilever -designed residence with three (3) floors currently under construction. (f) The application request is to modify all three floors of the previously approved project. The first floor will be increased by adding a bay window with seating to the dining room (approximately 36 square feet) located on the south facing (front) elevation of the dwelling. The bay window will not encroach into the legal nonconforming 29'-1" front yard setback distance. Therefore, no modifications are necessary to the previously approved Minor Conditional Use Permit. Other less significant changes include relocating a bay window in the kitchen, providing a bay window to north wall of the master bedroom and increasing the size of a skylight in master bedroom walk-in closet. The second floor has been altered to add approximately 320 square feet to the southeast side of the home. The area provides for a gym, sitting room and bathroom. Additionally, several walls within the adjoining laundry room, bathroom and hobby room will be altered (no expansion) to create a multimedia room, laundry room and 4. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: (a) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates" : On July25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the 8-120, 000 zone and the City's Hillside Management (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. The project site is an existing developed single-family residential estate parcel of land surrounded by existing residential development. The proposed project will compliment the development of the neighborhood. (c) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance he harmonious orderly and attractive development contemplated by the Development Code, the General Plan or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Access to the proposed project is obtained from a fully developed private street. (d) 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, and will remain aesthetically appealing. The eclectic Spanish Mediterranean style proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. (e) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (CEQA), has been conducted. Based on that assessment, the City has determined the project to be Categorically Exempt under Article 19 Section 15301(a) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on November 25, 2003 and as amended herein. (b) All conditions set forth in Planning Commission Resolution No. 2002-21 approved and adopted on August 13, 2002 shall be adhered to in their entirety, except for condition (a), which shall be replaced by this resolutions condition (a). (c) Rooftop runoff from the proposed improvements shall be directed to purvious areas such as yards, vegetated open channels or areas where practical. Drainage pattern were rooftop runoff will flow around the building shall be shown on the site and landscape plans or separate drainage plans. (d) On a revised site plan and landscape plan, the restricted use area shall be delineated. (e) This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit certified copies of this Resolution, by certified mail, to: Harshad and Raksha Shah, 2817 Wagon Train Lane, Diamond Bar, CA 91765-2346 and S&W Development, 20272 Carrey Road, Walnut, CA 91789. APPROVED AND ADOP ED THIS 25"' DAY F NOVEMBER 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Stev ye, Chai man - ames DeSi fano, Secretar I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25 "' day of November 2003, by the following vote: AYES: VC/Nolan, Tanaka, Nelson, Wei, C/Tye NOES: None ABSENT: None ABSTAIN: None 11 r ATTEST: