HomeMy WebLinkAboutPC 2004-08PLANNING COMMISSION
' RESOLUTION NO. 2004-08
A RESOLUTION OF THE PLANNING COMMISSION OFT E CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-26,
MINOR CONDITIONAL USE PERMIT NO. 2003-14, TREE PERMIT
NO. 2003-11 AND CATEGORICAL EXEMPTION, A RE UEST TO
CONSTRUCT A TWO-STORY ACCESSORY STRUCTURE JSED AS A
THREE -CAR GARAGE AND RECREATION ROOM TOTALING TO
APPROXIMATELY 1,157 SQUARE FEET, RETAINING WALLS WITH A
MAXIMUM EXPOSED HEIGHT OF FOUR FEET, CONVE TING THE
EXISTING GARAGE TO LIVABLE AREA, TENNIS COURT LOCATION
AND THE REMOVAL/REPLACEMENT OF ONE CALIFORN A PEPPER
TREE. THE PROJECT SITE IS LOCATED AT 2759 STEEPLECHASE
LANE (LOT 40, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Mr. Hong Dong and the applicant,
Ms. Daphne Fan of
I.C. & Q. Design & Development, Inc. has filed
an application for
Development Review No. 2003-26, Minor Conditional
Use Permit
No. 2003-14 and Tree Permit No. 2003-11 and categorical
exemption for a
property located at 2759 Steeplechase Lane, Diamond
Bar, Los Angeles
County, California. Hereinafter in this Resolution, the 'subject
Development
Review, Minor Conditional Use Permit, Tree Permit
and categorical
exemption shall be referred to as the "Application."
2. On January 28, 2004, public hearing notices were mails
to approximately
51 property owners within a 500 -foot radius of the
project site. On
January 28, 2004, the project site was posted with a display
board and the
public notice was posted in three public places. On January
30, 2004,
notification of the public hearing for this project was pr
vided in the San
Gabriel Valley Tribune and Inland Valley Dailv Bulletin newspapers.
3. On February 10, 2004, the Planning Commission of the City
of Diamond Bar
conducted and concluded a duly noticed public hearing
n 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
II 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 project identified above in
this Resolution is categorically exempt pursuant to Section 15301(e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
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 on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is located at 2759 Steeplechase Lane (Lot 40,
Tract No. 30289) within a gated community identified as "The Country
Estates". The project site, approximately 1.28 acres (55,757gross
square feet), is an irregular rectangle widening at, the rear property
line and sloping downward toward the rear property line. It is
essentially composed of an upper and lower pad. The upper pad
area is developed with a two-story single-family residence with a
three -car garage totaling to approximately 3,200 square feet, a
swimming pool/spa, patio cover and retaining walls. The lower pad
area is where the proposed accessory structure and tennis court will
be located. According to the Tract Map, the project site contains
easements for sanitary sewer purposes and recreational/equestrian
use and a flood hazard area.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot
Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural
Residential (RR) Zone.
(d) Generally, the following zones and uses surround the project site: to
the north, south and east is the R-1-20,000; and to the west is
Diamond Bar Boulevard and the Neighborhood Commercial (C-1/
Country Hill Town Center) Zone.
PIA
(e) The Application request is to construct a two-storyll accessory structure
in the rear yard to be utilized as a three-car garage and recreation
room totaling to approximately 1,157 square feet with a
bridge/walkway connecting this proposed structure to the upper pad
area where the main residence is located. Additionally, the request
includes the following: retaining walls with 'a maximum exposed
height of four feet to create the driveway pa to the proposed
garage/recreation structure; converting the Asting garage to
approximately 560 square feet of livable area; a wider driveway than
allowed by Code; tennis court location; and the re oval/replacement
of a California pepper tree.
Development Review
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community' pins, boulevards or
planned developments).
On July 25, 1995, the City adopted its General P1
in. Although Tract
No. 30289, Lot 40 (project site) was established g
dor to the General
Plan's adoption. It complies with the Gene
1 Plan land use
designation of RR -Maximum 1 DU/AC in that the
roject site is 1.28
acres.
The project site is developed with a two-story sing
-family residence
with a three-cargarage totaling to approximately 3,200
square feet, a
swimming poot1spa, patio cover and retaining walfs.
The proposed
project consists of a two-story accessory structure
(three -car
garage/recreation room) and a tennis court. Additionally,
the request
includes converting the existing garage to livabl
space (bedroom
with a bathroom) and retaining walls not to exceed
an exposed height
of four feet. Due to the large depth of the project
site, the rear yard
can accommodate the proposed structure and maintain
ten percent
lot coverage and exceed the required setback Th
proposed project
is not unusual for "The Country Estates" and is consistent
with other
development within this community. The proposed
project will
maintain the integrity and not degrade this residential
area. As a
result, the proposed project complies with the Gene
al Plan objectives
and strategies and the City's Design Guidelines related
to maintaining
the integrity of residential neighborhoods and
Furthermore, the proposed project is compatible
open space.
with the eclectic
architectural style, colors and material of other homes
within "The
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Country Estates" and has the approval of that homeowners'
association.
(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
With the approval and construction of the proposed project, the
current use of the project site will be maintained. As referenced
above in Item (f), the proposed project can be accommodated at the
project site. Additionally, the architectural style, color and materials
use for the garage conversion and accessory structure will match the
existing residence. Additionally, it is common place to have a tennis
court on individual lots in this gated community.
The proposed project is a single-family residence, consistent with
other single family residences established within "The Country
Estates". As such, the proposed project is not expected to interfere
with the use and enjoyment of neighboring existing or future
development. The proposed project is not expected to intensify the
existing use to an extent that will create traffic or pedestrian hazards.
Additionally, Steeplechase Lane adequately serves the project site
and was established to handle minimum traffic created by this type of
development. Furthermore, this street and all other streets within
"The Country Estates" are private streets managed and maintained by
the homeowners association within this gated community.
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development contemplated by
Chapter 22.48.20, Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
The architectural style of the garage conversion and the
garage/recreation accessory structure is English Tutor which is
consistent with the existing residential structure on the project site.
This style is compatible with other residences within `The Country
Estates" due to the eclectic architectural style that is existing in this
area. "The Country Estates" homeowners' association architectural
committee has approved the proposed materials/colors board and
architectural plans. The compatibility of the proposed project with the
existing residence is consistent with the City's Development Review
Standards, City Design Guidelines and City's General Plan. As a
result, the proposed project will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20.
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Development Review Standards, City Design Guidelines, the City's
General Plan. There is not an applicable specific plan for this area.
(i) The design of the proposed development will rovide a desirable
environment for its occupants and visiting pu lic as well as its
neighbors through good aesthetic use of material , texture, and color
that will remain aesthetically appealing and will etain a reasonably
adequate level of maintenance.
As referenced in the above, the proposed pr ect will provide a
desirable environment for its occupants and visiti 7g public as well as
its neighbors through good aesthetic use of ma lerials, texture and
color that will remain aesthetically appealing whil a offering variety in
color and texture and a low level of maintenance
(j) The proposed development will not be detrimental to 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; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within thea proved 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 roposed project is
not detrimental to the public health, safety or w lfare or materially
injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Envirot mental QualityAct
(CEQA), Section 15301(e), the City has determin d that the project
identified above in this Resolution is tate 7olically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of. Diamond Bar.
Minor Conditional Use Permit
(I) The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all
other applicable provisions of the Development Code and the
Municipal Code;
Pursuant to Development Code Section 22.30.080, driveways are
intended only to provide access to required off strut parking spaces
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in garages and driveways that provide access to garages setback
greater than 24 feet from the street property line shall have a
minimum width of ten feet and a maximum width of 14 feet at the
street property line. Additionally, driveways of greater widths may be
allowed with the approval of a Minor Conditional Use Permit.
The applicant is proposing a garage/recreation structure within the
rear portion of the project site that is at least 100 feet from the street
property line and a driveway width of 20 feet at the street property
line. It is not unusual to find driveway widths of 20 feet in `The
Country Estates" In this case, the property frontage is not wide
enough to accommodate another three -car garage which is required
due to the request to convert the existing garage into livable space.
As a result, the three -car garage needs to be located in the wider rear
portionof the project site. Additionally, although the proposed
driveway is 20 feet wide, the project site will meet and exceed the
development standard requiring 50 percent of the front yard be
landscaped.
(m) The proposed use is consistent with the General Plan and any
applicable specific plan;
The proposed use is consistent with the General Plan in that theM.
General Plan requires that sufficient parking be provide for each
residence at the subject property. The General Plan also requires
maintaining the integrity of a single-family residential neighbor.
Because the proposed project will be converting an existing garage to
a bedroom with a bathroom, the proposed two-story accessary
structure to be utilized as a three -car garage/recreation room, and
therefore, will provide sufficient parking for the existing residence and
be in compliance with the General Plan. However, to provide
sufficient parking a driveway must be constructed to the rear of the
property for access to the proposed garage. There is no applicable
specific plan for `The Country Estates".
(n) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
As referenced above it items (f), (g), (h), (i) and (1), the design,
location, size and operating characteristics of the proposed driveway
are compatible with the existing and future land uses in the vicinity,
A
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(o) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints; j
As referenced above it Items (f), (g), (h), (i)nd (i), the design,
location, size and operating characteristics of the proposed driveway
are compatible with the existing and future land uses in the vicinity
and the subject site is physically suitable to accommodate the
proposed driveway, as designed and located including access,
provision of utilities, compatibility with adjoining and uses, and the
absence of physical constraints.
(p) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, injurious to pe sans, property, or
improvements in the vicinity and zoning district in hick the property is
located; and
As referenced in Item (1) above, granting the Mir
Permit is required to provide a driveway acce�
accessory structure which will contain a three -car
Works Division has reviewed the drivewayand ac
site and location and found it appropriate as des
Additionally and pursuant to the Development Co
maybe approved through the Minor Conditional C
Therefore, granting a Minor Conditional Use
detrimental to the public interest, health, safety; it
property, or improvements in the vicinity and zonj
the property is located,
Conditional Use
to the proposed
rage. The Public
ss for clear line of
zed and located.
wider driveways
Permit process.
rmit will not be
ious to persons,
district in which
(q) The proposed project has been reviewed in co pliance with the
provisions of the California Environmental Quality Act (CEQA).
Pursuant to the provisions of the California Environmental QuaW Act
(CEQA), Section 15301(e), the City has determined that the project
identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
Tree Permit
(It shall be necessary that one or more of the following
otherwise the application shall be denied.)
7
ings is made,
(q) The tree is so poorly formed due to stunted growth that its
preservation would not result in any substantial benefits to the
community;
(r} The tree interferes with utility services, or streets and highways, either
within or outside of the subject property, and no reasonable
alternative exists other than removal or pruning of the tree(s);
(s) The tree is a potential public health and safety hazard due to the risk
of it falling and its structural instability cannot be remediated;
(t} The tree is a public nuisance by causing damage to improvements,
(e.g., building foundation, retaining walls, roadways/driveways, patios,
and decks);
(u) The tree is host to an organism, which is parasitic to another species
of tree that is in danger of being exterminated by the parasite;
(v) The tree belongs to a species which is known to be a pyrophitic or
highly flammable and has been identified as a public safety hazard;
and
(w) Preservation of the tree is not feasible and would compromise the
property owner's reasonable use and enjoyment of property or
surrounding land and appropriate mitigation measures will be
implemented in compliance with Section 22.38.130 (Tree
Replacement/Relocation Standards
The project site contains one California pepper tree located within the
proposed pad of tennis court. According to Development Code
Section 22.38. -Tree Preservation and Protection, the City protects
oak, walnut sycamore and willow trees with a DBH of eight inches or
greater and pepper trees with the same DBH where appropriate upon
lots of greater than one-half acre. The Code also allows the removal
and replacement of said trees under certain circumstances
The applicant is requesting to remove the California pepper tree.
Preservation of this tree is not feasible due to the proposed location of
the tennis court pad Staff believes that the pad location is
appropriate for this project. It is in the rear portion of the project site
and the tennis court and its proposed location is a common
occurrence within `The Country Estates."
it will be required that the California pepper tree cited for removal be
replaced at a 3:1 ratio, minimum 24 inch box size. Additionally, the
applicant will be required to revise the submitted landscape plan to
delineate the location, quantity and size of the replacement Califomia
pepper trees for the City's review and approval.11 Furthermore, said
trees and landscaping shall be installed prior to final inspection or
issuance of Certificate of Occupancy.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, sections, final landscape/irrigation plan, and
colors/materials board collectively labeled as Exhibit "A" dated
February 10 2004, as submitted and approved by the Planning
Commission, and as amended herein.
(b) The site shall be maintained in a condition, whi h is free of debris
both during and after the construction, addition, o implementation of
the entitlement granted herein. The removal of a I trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a 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 wast contractor utilized
has obtained permits from the City of Diamond ar to provide such
services.
(c) Prior to the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan for the City's review and approval. Said
plan shall delineate location, size and quantity of the replacement
California pepper trees which shall be at a 3:1 rat o and 24 inch box
size. The landscape plan should also include the size, quantity and
species of all plant materials. Prior to final inspection or Certificate of
Occupancy, all landscaping/irrigation shall be installed.
(d) Fifty percent of the front yard shall be maintained with landscaping.
(e) Prior to construction, the applicant shall install tem orary construction
fencing pursuant to the Building and Safety Divisi n's requirements
along the project perimeter.
(f) Prior to the plan check submittal, the applicant steal verify in writing to
the City that the equestrian/recreational easement ocated in the rear
of the project site has been abandoned.
(g) Prior to plan check submittal, the applicant shallbtain approval in
writing from Los Angeles County Sanitation District for the location of
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the two-story accessory structure (garage/recreation structure). If it is
required to locate the accessory structure more in an easterly
direction, the new location shall be reviewed and approved by the
Planning Division.
(h) Tennis court will be located with in a flood hazard and area shall be
reviewed and approved by the City's Public Works/Engineering
Division.
(i) If exterior construction occurs between October 1 and April 15, the
applicant shall submit an erosion control plan for the City's review and
approval.
(j} Prior to the issuance of any City permits, the applicant shall submit a
precise grading plan, prepared by a civil engineer, licensed by the
state of California, in accordance with the City's grading requirements
for the City's review and approval. The precise grading plan shall
delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Finish surface and finished grade; and
(5) Retaining wall elevations at top of wall, top of footing and
finished grade on both sides of the wall, calculations and detail
to show how runoffs behind the retaining wall will be mitigated.
(k) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical report shall reference the stability of the retaining walls
to withstand pressure of the retained soils.
(1) Applicant shall obtain a Rough Grade and Fine Grade Certification
prior to the project's final inspection.
(m) Slope of the proposed driveway shall not exceed 15 percent and shall
obtain Fire Department approval.
(n) Before the issuance of any City permits, the applicant shall submit an
erosion control plan for the City's review and approval. The erosion
control plan shall conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) during and after construction.
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Additionally, the applicant shall obtain the necessary NPDES permits.
Additionally, an erosion control plan is required for grading permits
issued between October 1 and April 15.
(o) The applicant shall make an application for sewer connection with the
Los Angeles County Department of Public Work and the Sanitation
District. 7
(p) If applicable, the applicant shall comply with Standard Urban Storm
Water. Mitigation Plan (SUSMP) requirements tot the satisfaction of the
City engineer.
(q) The proposed residence shall comply with the State Energy
Conservation Standards.
(r) Surface water shall drain away from the proposed structures at a two -
percent minimum slope.
(s) The proposed single-family residence is located wthin "high fire zone"
and shall meet all requirements of said zone.
(1) All roof covering shall be "Fire Retardant.' Tile roof shall be
fire stopped at the eaves to preclude entry of the flame or
members under the fire.
(2) All unenclosed 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 or more than 1/2 inch in dimension except where
such openings are equipped with sash or door.
(4) Chimneys shall have spark arrests ofaximum 112 inch
screen.
(t) Plans shall conform to State and Local Building Code (i.e., 2001
Uniform Building Code, Uniform Plumbing Code, Oniform Mechanical
Code, and the 2001 National Electrical Code) requirements.
(u) Construction plans shall be engineered to met wind loads of
80 M.P.H. with a "C" exposure. 7
(v) Building setback from top of slope at the rear of�the property shall
meet Section18 of the 2001 California Building C de.
(w) Prior to the issuance of any construction permits, he applicant shall
submit construction plans to the Los Angeles Coun Fire Department
for review and approval. i
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(x) Height of the accessory structure shall be certified by a licensed
engineer.
(y) The single-family residence shall not be utilized in a manner that
creates adverse effects (i.e., significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood and
environmental setting. Additionally, the single-family residence shall
not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the
neighborhood.
(z) Prior to the issuance of any City permits, the Applicant shall complete
and record a "Covenant and Agreement to maintain the proposed
accessory structure as a three -car garage and recreation room
purposes only and no portion of this structure shall be rented, leased
or sold separate and apart form the remaining portions of the property
or structures. The covenant shall be completed and recorded with the
Los Angeles County Recorders Office.
(aa) This grant is valid for two years and shall be exercised
(i.e., construction started) within that period or this grant shall expire.
A one-year extension of time may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(bb) 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 of 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, school fees and
fees for the review of submitted reports.
(cc) 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
12
C
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolutit n, by certified mail,
to: Mr. Hong Dong, 2759 Steeplechase Lane, (Diamond Bar, CA
91765 and Ms. Daphne Fan of I.C.&O. Design :& Development, Inc.,
13501 Tracy St., #B, Baldwin Park, CA 91706
APPROVED AND ADOPTED THIS 10Th OF FEBR
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
IM
, Chai
1, James DeStefano, Planning Commission Secretary, do hereby certif
Resolution was duly introduced, passed, and adopted by the Planning
City of Diamond Bar, at a regular meeting of the Planning Commissic
day of February 2004, by the following vote:
AYES:
NOES:
Commissioners:
1k 0=1
ABSENT: None
ABSTAIN: None
2004, BY THE
r that the foregoing
Commission of the
n held on the 10th
Wei, Tanaka, Nelson, VC/Nolan, C1Tye
ATTEST:
JamVs DeStefa ,o, Secretary
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PLANNING COMMISSION RESOLUTION NO. 2004-08
A RESOLUTION OF THE PLANNING COMMISSION OF T E CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW O. 2003-26,
MINOR CONDITIONAL USE PERMIT NO. 2003-14, TR E PERMIT
N0.2003-11 AND CATEGORICAL EXEMPTION, A RE VEST TO
CONSTRUCT A TWO-STORY ACCESSORY STRUCTURE SED AS A
THREE -CAR GARAGE AND RECREATION ROOM TOTALING TO
APPROXIMATELY 1,157 SQUARE FEET, RETAINING WALLS WITH A
MAXIMUM EXPOSED HEIGHT OF FOUR FEET, CONVERTING THE
EXISTING GARAGE TO LIVABLE AREA, TENNIS COURT LOCATION
AND THE REMOVALIREPLACEMENT OF ONE CALIFORN A PEPPER
TREE. THE PROJECT SITE IS LOCATED AT 2759 STEE LECHASE
LANE (LOT 40, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Mr. Hong Dong and the applicant, s. Daphne Fan of I.C.
& Q. Design & Development, Inc. has filed n application for Development
Review No. 2003-26, Minor Conditional Use Permit No. 2003-14 and Tree
Permit No. 2003-11 and categorical exemption for a property located at
2759 Steeplechase Lane, Diamond Bar, Los Angeles County, California.
Hereinafter in this Resolution, the subject Development Review, Minor
Conditional Use Permit, Tree Permi and categorical exemption shall be
referred to as the "Application."
2. On January 28, 2004, public hearing notices were mailed d to approximately
51 property owners within a 500 -foot radius of the project site. On January
28, 2004, the project site was posted with a display board and the public
notice was posted in three public places. On January 30, 2004, notification
of the public hearing for this project was' provided in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On February 10, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing n the Application. B.
RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of
he 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 project identified above in this
Resolution is categorically exempt pursuant to Section 15301 (e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the
independent judgment of the City of Diamond Bar.
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 on the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
(a) The project site is located at 2759 Steeplechase Lane (Lot 40, Tract
No. 30289) within a gated community identified as "The Country
Estates". The project site, approximately 1.28 acres (55,757gross
square feet), is an irregular rectangle widening at the rear property
line and sloping downward toward the rear property line. It is
essentially composed of an upper and lower pad. The upper pad
area is developed with a two-story single-family residence with a
three -car garage totaling to approximately 3,200 square feet, a
swimming pool/spa, patio cover and retaining walls. The lower pad
area is where the proposed accessory structure and tennis court will
be located. According to the Tract Map, the project site contains
easements for sanitary sewer purposes and recreational/equestrian
use and a flood hazard area.
(b) The project site has a General Plan land use designation of Rural Residential
(RR) Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot
Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural
Residential (RR) Zone.
(d) Generally, the following zones and uses surround the project site: to
the north, south and east is the R-1-20,000; and to the west is
Diamond Bar Boulevard and the Neighborhood Commercial (C-1/
Country Hill Town Center) Zone.
K
On July 25, 199:
(e) The Application request is to construct a two-story accessory structure
in the rear yard to be utilized as a three -car garage and recreation
room totaling to approximately 1,157 sq are feet with a
bridge/walkway connecting this proposed structure to the upper pad
area where the main residence is located. Addi!ionally, the request
includes the following: retaining walls with 'a maximum exposed
height of four feet to create the driveway pa to the proposed
garage/recreation structure; converting the existing garage to
approximately 560 square feet of livable area; a wider driveway than
allowed by Code; tennis court location; and the re ovaVreplacement
of a California pepper tree.
evelopment Review
(f) The design and layout of the proposed developmen
the applicable elements of the City's General
Guidelines, and development standards of the
design guidelines, and architectural criteria or s
theme areas, specific plans, community plat
planned developments).
�, the City adopted its General P
is consistent with
'Ian, City Design
applicable district,
ecial areas (e.g.,
;, boulevards or
No. 30289, Lot 40 (project site was established or to the General
Ian's adoption. It complies with the Gene V Plan land use
acres.
The project site is developed with a two-story sin l
-familyresidence
with a three -car ara e totaling to approximately 3,
200 square feet, a
swimming oolls a, patio cover and retaining uva
s. The proposed
ro .ect consists of a two-story accessory sty
icture three -car
ara e/recreation room and a tennis court. Additi
)nally, the request
ncludes converting the existing garage to livabl
3pace bedroom
with a bathroom and retaining walls not to exceed
exposed height
f four feet. Due to the large depth of the project
3ite, the rear yard
an accommodate the proposed structure andma
ntain ten percent
of coverage and exceed the required setback. Th
ro osed project
s not unusual for "The Country Estates" and is co
isistent with other
evelo ment within this community. The prop
)sed project will
aintain the integrity and not degrade this resid
ntial area. As a
esult, the proposed project complies with the Gene
al Plan objectives
nd strategies and the City's Design Guidelines rely
ed to maintaining
he integrity of residential neighborhoods ari
urthermore, the proposed project is compatible
d open space.
with the eclectic
rchitectural style, colors and material of other h
omes within "The
Country Estates" and has the approval of that homeowners'
association.
(g) The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future development
and will not create traffic or pedestrian hazards.
With the approval and construction of the proposed project, the
current use of the project site will be maintained. As referenced
above in Item (f), the proposed project can be accommodated at the
project site. Additionally, the architectural style, color and materials
use for the garage conversion and accessory structure will match
the existing residence. Additionally, it is common place to have a
tennis court on individual lots in this gated community.
The proposed project is a single-family residence, consistent with
other single family residences established within "The Country
Estates". As such, the proposed project is not expected to interfere
with the use and enjoyment of neighboring existing or future
development. The proposed project is not expected to intensify the
existing use to an extent that will create traffic or pedestrian
hazards. Additionally, Steeplechase Lane adequately serves the
project site and was established to handle minimum traffic created
by this type of development. Furthermore, this street and all other
streets within "The Country Estates" are private streets managed
and maintained by the homeowners association within this gated
(h) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48.20. Development Review
Standards, City Design Guidelines, the City's General Plan, or any
The architectural style of the garage conversion and the
garage/recreation accessory structure is English Tutor which is
consistent with the existing residential structure on the project site.
This style is compatible with other residences within 'The Country
Estates" due to the eclectic architectural style that is existing in this
area. "The Country Estates" homeowners' association architectural
committee has approved the proposed materials/colors board and
architectural plans. The compatibility of the proposed project with
the existing residence is consistent with the City's Development
Review Standards, City Design Guidelines and City's General Plan.
As a result, the proposed project will maintain the harmonious,
orderly and attractive development contemplated by Chapter
C!
Development Review Standards, City Design Guidelines, the City's General Plan. There is not an
applicable specific plan for this area.
(i) The design of the proposed development will rovide a desirable
environment for its occupants and visiting pu lic as well as its
neighbors through good aesthetic use of material, texture, and color
that will remain aesthetically appealing and will etain a reasonably
adequate level of maintenance.
As referenced in the above, the proposed pr ect will provide a
desirable environment for its occupants and visiting public as well
as its neighbors through good aesthetic use of ma erials, texture
and color that will remain aesthetically appealing whil offering
variety in color and texture and a low level of maintenance
Q) The proposed development will not be detrimen I to public health, safety
or welfare or materially injurious (e.g., egative affect on property
values or resale(s) of property) to the properties or improvements in
the vicinity; and
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the a :)proved
resolution and the Building and Safety Division, Public Work.,-
Division,
ork.,Division, and Fire Department requirements. The referenced
agencies through the permit and inspection process will ensure that
the proposed project is not detrimental to the public health, safety or
welfare or materially injurious to the properties or improvements in
the vicinity.
(k) The proposed project has been reviewed in co pliance with the :QA),
provisions of the California Environmental Quality Act (Cr
Pursuant to the provisions of the California Environmental
QualityAct (CEQA), Section 15301(e), the City has determin d that
the project identified above in this Resolution is cate orically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
Minor Conditional Use Permit
(1) The proposed use is allowed within the subject zon ng district with the
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of the Developme t Code and the Municipal
Code;
ursuant to Development Code Section 22.30.0 10, driveways are intended only to provide access
required off-street parking spaces
in garages and driveways that provide access to garages setback
greater than 24 feet from the street property line shall have a
minimum width of ten feet and a maximum width of 14 feet at the
street property line. Additionally, driveways of greater widths may
be allowed with the approval of a Minor Conditional Use Permit.
The applicant is proposing a garage/recreation structure within the
rear portion of the project site that is at least 100 feet from the street
property line and a driveway width of 20 feet at the street property
line. It is not unusual to find driveway widths of 20 feet in 'The
Country Estates'. In this case, the property frontage is not wide
enough to accommodate another three -car garage which is required
due to the request to convert the existing garage into livable space.
As a result, the three-cargarage needs to be located in the widerrear
portion of the project site. Additionally, although the proposed
driveway is 20 feet wide, the project site will meet and exceed the
development standard requiring 50 percent of the front yard be
landscaped.
(m) The proposed use is consistent with the General Plan and any applicable
specific plan;
The proposed use is consistent with the General Plan in that the
General Plan requires that sufficient parking be provide for each
residence at the subject property. The General Plan also requires
maintaining the integrity of a single-family residential neighbor.
Because the proposed project will be converting an existing garage
to a bedroom with a bathroom, the proposed two-story accessory
structure to be utilized as a three -car garage/recreation room, and
therefore, will provide sufficient parking for the existing residence
and be in compliance with the General Plan. However, to provide
sufficient parking a driveway must be constructed to the rear of the
property for access to the proposed garage. There is no applicable
specific plan for 'The Country Estates".
(n) The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the
vicinity;
As referenced above it Items (f), (g), (h), (i) and (1), the design,
location, size and operating characteristics of the proposed driveway
are compatible with the existing and future land uses in the vicinity,
0
(o) The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints; i
As referenced above it Items (f), (g), (h), (i) and (1), the design,
location, size and operating characteristics of the proposed
driveway are compatible with the existing and future land uses in the
vicinity and the subject site is physically suitable to accommodate
the proposed driveway, as designed and located including access,
provision of utilities, compatibility with adjoining and uses, and the
absence of physical constraints.
(p) Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, injurious to pe sons, property, or
improvements in the vicinity and zoning district in hich the property is
located; and
As referenced in Item (1) above, granting the Min r Conditional Use
Permit is required to provide a driveway access to the proposed
accessory structure which will contain a three -car arage. The Public
Works Division has reviewed the driveway and access forcleariine of
site and location and found it appropriate as des ned and located.
Additionally and pursuant to the Development Code widerdriveways
maybe approved through the Minor Conditional Use Permit process.
Therefore, granting a Minor Conditional Use Permit will not be
detrimental to the public interest, health, safety; injurious to persons,
property, or improvements in the vicinity and zon-;hg district in
which the property is located,
(q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental QualitylAct (CEQA).
Pursuant to the provisions of the California Environmental
QualifyAct (CEQA), Section 15301(e), the City has determined that
the project identified above in this Resolution is categorically
exempt. Furthermore, the categorical exemption reflects the
independent judgment of the City of Diamond Bar.
Tree Permit
(It shall be necessary that one or more of the following is
otherwise the application shall be denied.)
N
(q) The tree is so poorly formed due to stunted growth that its preservation
would not result in any substantial benefits to the community;
(r) The tree interferes with utility services, or streets and highways, either
within or outside of the subject property, and no reasonable alternative
exists other than removal or pruning of the tree(s);
(s) The tree is a potential public health and safety hazard due to the risk of it
falling and its structural instability cannot be remediated;
(t) The tree is a public nuisance by causing damage to improvements, (e.g.,
building foundation, retaining walls, roadways/driveways, patios, and
decks);
(u) The tree is host to an organism, which is parasitic to another species of
tree that is in danger of being exterminated by the parasite;
(v) The tree belongs to a species which is known to be a pyrophitic or highly
flammable and has been identified as a public safety hazard; and
(w) Preservation of the tree is not feasible and would compromise the
property owner's reasonable use and enjoyment of property or
surrounding land and appropriate mitigation measures will be
implemented in compliance with Section 22.38.130 (Tree
Replacement/Relocation Standards
The project site contains one California pepper tree located within
the proposed pad of tennis court. According to Development Code
Section 22.38. -Tree Preservation and Protection, the City protects
oak, walnut sycamore and willow trees with a D8H of eight inches or
greaterand pepper trees with the same D8H where appropriate
upon lots of greater than one-half acre. The Code also allows the
removal and replacement of said trees under certain circumstances
The applicant is requesting to remove the California pepper tree.
Preservation of this tree is not feasible due to the proposed location
of the tennis court pad Staff believes that the pad location is
appropriate for this project. It is in the rear portion of the project site
and the tennis court and its proposed location is a common
occurrence within "The Country Estates. "
It will be required that the California pepper tree cited for removal
be replaced at a 3:1 ratio, minimum 24 inch box size. Additionally,
the applicant will be required to revise the submitted landscape plan
to delineate the location, quantity and size of the replacement
pepper trees for the City's review and approval.) Furthermore, said
trees and landscaping shall be installed prior to final inspection or
issuance of Certificate of Occupancy.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, sections, final landscape/ir igation plan, and
colors/materials board collectively labeled as Exhibit "A" dated
February 10 2004, as submitted and approve by the Planning
Commission, and as amended herein.
(b) The site shall be maintained in a condition, whi h is free of debris both
during and after the construction, addition, o implementation of the
entitlement granted herein. The removal of a I trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City t 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) Prior to the issuance of any City permits, the appli ant shall submit a
final landscape/irrigation plan for the City's review and approval.
Said plan shall delineate location, size and quantity f the
replacement California pepper trees which shall be at a 3:1 rat o and
24 inch box size. The landscape plan should also include the size;
quantity and species of all plant materials. Prior to final inspection or
Certificate of Occupancy, all landscaping/irrigation shall be installed.
(d) Fifty percent of the front yard shall be maintained with landscaping.
(e) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Divisibn's requirements
along the project perimeter. (f) Prior to the plan check submittal, the
applicant shah verify in writing to
the City that the equestrian/recreational easement ocated in the rear of the
project site has been abandoned.
1) Prior to plan check submittal, the applicant shall btain approval in writing from Los Angeles
ounty Sanitation District for the location of
the two-story accessory structure (garage/recreation structure). If it
is required to locate the accessory structure more in an easterly
direction, the new location shall be reviewed and approved by the
Planning Division.
(h) Tennis court will be located with in a flood hazard and area shall be
reviewed and approved by the City's Public Works/Engineering
Division.
(i) If exterior construction occurs between October 1 and April 15, the
applicant shall submit an erosion control plan for the City's review and
approval.
(j) Prior to the issuance of any City permits, the applicant shall submit a
precise grading plan, prepared by a civil engineer, licensed by the
state of California, in accordance with the City's grading
requirements for the City's review and approval. The precise
grading plan shall delineate the following:
(1) Cut and fill quantities with calculations; (2) Existing and
proposed topography;
(3) Flow lines and drainage/drainage outlets; (4) Finish surface and
finished grade, and
(5) Retaining wall elevations at top of wall, top of footing and
finished grade on both sides of the wall, calculations and
detail to show how runoffs behind the retaining wall will be
(k) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical report shall reference the stability of the retaining walls to
withstand pressure of the retained soils.
(1) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to
the project's final inspection.
(m) Slope of the proposed driveway shall not exceed 15 percent and shall
obtain Fire Department approval.
(n) Before the issuance of any City permits, the applicant shall submit an
erosion control plan for the City's review and approval. The erosion
control plan shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's) during and after
1
Additionally, the applicant shall obtain the necessary NPDES permits.
Additionally, an erosion control plan is required Ifor grading permits
issued between October 1 and April 15.
(o) The applicant shall make an application for sewe connection with the Los
Angeles County Department of Public Work and the Sanitation
District.
(p) If applicable, the applicant shall comply with Standard Urban Storm Water
Mitigation Plan (SUSMP) requirements to tt-e satisfaction of the City
engineer.
(q) The proposed residence shall comply with the State Energy Conservation
Standards.
(r) Surface water shall drain away from the proposed structures at a
twopercent minimum slope.
(s) The proposed single-family residence is located w thin "high fire zone" and shall meet all
requirements of said zone.
(1) All roof covering shall be "Fire Retardant." Tile roof shall be fire
stopped at the eaves to preclude en ry of the flame or
members under the fire.
unenclosed under -floor areas shall a constructed as exterior walls.
(3) All openings into the attic, floor and/or other enclosed areas
shall be covered with corrosion -resistant ire mesh not less
than 1/4 inch or more than 1/2 inch in dimension except
where such openings are equipped with sash or door.
(t) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code,
and the 2001 National Electrical Code) requirements.
(u) Construction plans shall be engineered to met wind loads of 80 M.P.H.
with a "C" exposure.
(v) Building setback from top of slope at the rear of Ithe property shall meet
Section 18 of the 2001 California Building Code.
(w) Prior to the issuance of any construction permits, -he applicant shall
submit construction plans to the Los Angeles Counity Fire Department
for review and approval.
1
(x) Height of the accessory structure shall be certified by a licensed engineer.
(y) The single-family residence shall not be utilized in a manner that
creates adverse effects (i.e., significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood
and environmental setting. Additionally, the single-family residence
shall not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a
separate dwelling. The property shall not be used for regular
gatherings that result in a nuisance or create traffic and parking
problems in the neighborhood.
(z) Prior to the issuance of any City permits, the Applicant shall complete
and record a "Covenant and Agreement to maintain the proposed
accessory structure as a three -car garage and recreation room
purposes only and no portion of this structure shall be rented,
leased or sold separate and apart form the remaining portions of
the property or structures. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
(aa) This grant is valid for two years and shall be exercised (i.e.,
construction started) within that period or this grant shall expire. A
one-year extension of time may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City
of Diamond Bar Development Code.
(bb) 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 of 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,
school fees and fees for the review of submitted reports.
(cc) 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 shal
remit to the City, within five days of this grant's approval, a cashier's check o-
$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
1
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any such fee and any
fine which the Department determines to be owed. The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Mr. Hong Dong, 2759 Steeplechase Lane, Diamond Bar, CA 91765
and Ms. Daphne Fan of I.C.&Q. Design & Development, Inc., 13501
Tracy St., #B, Baldwin Park, CA 91706
APPROVED AND ADOPTED THIS 10Th OF FEBI PLANNING 2004, BY THE
COMMISSION OF THE CITY OF DIAMOND BAR.
I, James DeStefano, Planning Commission Secretary, do hereby that the foregoing
cei Resolution was duly introduced, passed, and adopted by the ;ommission of
Plannu City of Diamond Bar, at a regular meeting of the Planning the i held on the
Commis day of February 2004, by the following vote:
AYES: Commissioners: Wei, Tanaka, Nelson, C/TY
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: /!---p Jams DeStefa o, Secretary
1