HomeMy WebLinkAboutPC 2004-46PLANNING COMMISSION
RESOLUTION NO. 2004-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2004-25, TREE PERMIT NO. 2004-09 AND CATEGORICAL
EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY
SINGLE-FAMILY RESIDENCE WITH A FIVE CAR GARAGE,
BALCONIES AND COVERED PATIOS TOTALING TO
APPROXIMATELY 14,680 SQUARE FEET. THE REQUEST ALSO
INCLUDES THE FOLLOWING: A SERIES OF RETAINING WALLS
IN THE FRONT, SIDE AND REAR YARDS WITH A MAXIMUM
EXPOSED HEIGHT OF SIX FEET FOR EACH WALL; AND THE
REMOVAL OF TWELVE WALNUT TREES. THE PROJECT SITE IS
LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT
NO. 30289), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
The property owner, Dr. and Mrs. R. Mok and M. T. Mok and applicant,
Mr. Rupert Mok have filed an application for Development Review
No. 2004-25, Tree Permit No. 2004-09 and categorical exemption for a
property located at 2718 Steeplechase Lane, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Development
Review, Tree Permit and categorical exemption shall be referred to as the
"Application."
2. On October 13, 2004, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. On September 30, 2004, public hearing notices were mailed to
approximately 48 property owners within a 500 -foot radius of the project site.
Furthermore on September 30, 2004, the project site was posted with a
display board and the public notice was posted in three public places.
3. On October 26, 2004, the Panning Commission of the City of Diamond Bar
conducted and concluded ad 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 Ill,hereby specifically finds that all of the facts set
forth in the Recitals, Part A,j 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 15303(a) 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 I conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a site located at 2718 Steeplechase Lane
(Lot 54, Tract No. 302$9) within a gated community identified as `The
Country Estates". The project site is a rectangular shaped vacant lot
of approximately 1.20 gross acres (1.11 net acres). It slopes upward
from Steeplechase Lane to the rear property line. An existing
common driveway easement traverses the front portion of the project
site approximately 58 feet east of the centerline of Steeplechase
Lane. The driveway easement also traverses the front portion of
Lots 51, 52, 53, (54 -project site) 55, 56, and 57. A recreational/
equestrian easement was located within the rear portion of the project
site; however, this easement was vacated in its entirety in April 1990.
(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:
North: R-1, 20,000 Single
20,000 Square Feet),
South: R-1, 20,000 kSingle
20,000 Square Feet); 11
2
Family Residential -Minimum Lot Size
Family Residential -Minimum Lot Size
East: R-1, 20,000 (Single Family Residential -Minimum Lot Size
20,000 Square Feet);
West: R-1, 20,000(Single Family Residential -Minimum Lot Size
20,000 Square Feet), Diamond Bar Boulevard, R-1-7,500 and
Country Hills Town Center;
(e) The Application request is to construct a three-story single-family
dwelling containing a combined floor area of approximately 14,680
square feet (including a five car garage, balconies and covered
patios). The request also includes a series of retaining walls within the
front, side and rear yards of varying heights not to exceed an exposed
height of six feet and the removal of 12 walnut trees.
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 plans, boulevards or
planned developments).
The project site is i vacant property of approximately 1.20 gross
acres subdivided by Tract Map No. 30289 under the jurisdiction of Los
Angeles County priori to the City's incorporation in April 1989. At the
time of the subdivi ion approval, the project site was cited for
residential development.
On July 25, 1995, the City adopted its General Plan. Although the
Tract was established prior to incorporation and the General Plan's
adoption, it complies! with the General Plan land use designation of
RR -Maximum 1 DUTAC since the project site is 1.20 gross acres.
Additionally, the proposed project complies with the General Plan
objectives and stratlegies related to maintaining the integrity of
residential neighborhoods and open space.
The proposed project, as presented, complies with all the City's
development standards (i.e., setback, lot coverage, height,
architectural requirements set forth by City's Design Guideline,
landscaping/irrigatiort, etc.) The proposed project also includes the
construction of a series of retaining walls related to
creating/supporting the pad due to the project site's topography. The
City's Development Code hillside management standards allow
terraced retaining walls separated by a minimum three feet with
appropriate landscaping for unusual or extreme conditions (i.e., lot
configuration, steep) slope, or road design). Additionally, the
Development Code also allows walls within the front (not within the 30
4-1
foot front yard setback), side and rear yards with a maximum exposed
height of six feet as proposed by this project. Furthermore, the
proposed project has obtained the approval of `The County Estates"
Architectural Committee and the project is compatible with the eclectic
architectural style, colors and material and size of other homes within
"The Country Estates".
(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.
As referenced above in Finding (f), the proposed project is a single-
family residence, consistent with other single family residences
established within "The Country Estates". As such, the proposed
residence is not expected to interfere with the use and enjoyment of
neighboring existing or future development. The proposed residence
is not expected to create traffic or pedestrian hazards due to that fact
that the use was planned with the tract's original approval and will
remain a single-famil>a; residence. 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 proposed project's architectural style (as referred to in
application) is Mediterranean. This style is compatible with other
residences within Tracht No. 30289 and `The Country Estates" due to
the eclectic architectural style that is existing in this area. The
applicant has obtained `The Country Estates" Homeowners'
Association Architectural Committee.
The proposed color palette is varying shades of earth tones as
folio ws:
Roof Ejagle Tile ICBG: #4660 color blended; Malibu No. 2118 —
T rracotta Gold
Stucco hr: Aspen X-23 — light tan
Mouldings, Columns hr/Sandstone Product: eggshell white — off-white
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The proposed materials offer a variety of textures. As a result, the
proposed project will provide a desirable environment with good
aesthetic use of materials, textures and colors that will remain
aesthetically appealing while offering variety. Additionally prominent
architectural features include the front entry flanked by Corinthian
type columns, balconies, balustrades, fenestration and varying planes
of the front fagade. As a result, the proposed project is compatible
with the character of the surrounding neighborhood and. will maintain
the harmonious, orderlyand attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
(i) 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 and will retain a reasonably
adequate level of maintenance.
As referenced in the, above Findings (f) through (h), the proposed
project will provide 0 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
while offering variety :in color and texture related to stucco and stone
accent 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 the approved 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 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 compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15303(a), 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.
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Tree Permit
(It shall be necessary that one or more of the following findings is made,
otherwise the application shall be denied.)
(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 potentialublic health and safety hazard due to the risk
of it falling and its stru tural instability cannot be remediated;
(t) The tree is a public nisance by causing damage to improvements,
(e.g., building foundati in, retaining walls, roadways/driveways, patios,
and decks);
(u) The tree is host to anrganism, which is parasitic to another species
of tree that is in dang r of being exterminated by the parasite;
(v) The tree belongs to al 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
Rep Iacement/Relocat on Standards
Tree Permit No. 2004 jog is a request to establish whether or not the
tree species specified in the City's Development Code exist on the
project site and to determine if removal, protection and replacement
are appropriate.
According to the applicant, the project site contains 23 walnut trees
with DBH varying from two to less than eight inches. The applicantis
requesting to remove, 12 of the 23 walnut trees. The two of the 12
walnut trees to be removed are located within the front portion of the
project site adjacent to the entry of the proposed residence. The
remaining 10 walnut gees to be removed are located within the rear
portion of the project site where the pool, patio cover and retaining
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walls will be located. The remaining 11 walnut trees are located in the
rear portion of the project site outside the buildable pad area.
Pursuant to the Development Code, walnut trees less than eight
inches at DSH are exempt from replacement and protection
requirements. However and prior to the issuance of any City permits,
the applicant will be required to have the quantity, size and location of
the walnut trees verified by a certified arborist and submit a report
prepared by the certified arborist to the City for review and approval.
If said trees have a DBH of eight inches or greater, the trees that will
remain shall be p otected according to Development Code
Chapter 22.38 — TreO Preservation and Protection. The trees that will
be removed shall bel replaced at a 3:1 ratio with 24 inch box size
walnut trees for six or fewer or 15 gallon for seven or more.
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
October 26, 2004, as submitted and approved by the Planning
Commission, and as amended herein.
(b) The site shall be ma�he
ntained in a condition, which is free of debris
both during and after, construction, addition, or 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 a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and i 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 applicant shall submit a
final landscape/irrigajion plan for the City's review and approval. Said
plan shall delineate the location, size and quantity of all plant species.
Plant materials shall be utilized to screen the retaining walls. Prior to
final inspection or Certificate of Occupancy, it will be required that all
landscaping/irrigation be installed.
(d) Retaining walls not located in 30 foot front yard setback shall not
exceed an exposed height of six feet as delineated in Exhibit "A".
7
(e) The residential structure shall not exceed a height of 35 feet from the
natural or finished grade. Said height shall include the chimney. At
the rough framing stage, the height of residential structure shall be
certified by a licensed engineer approved by the City at the applicant's
expense.
{f} 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 qua tities with calculations;
(2) Existing and proposed topography;
(3) . Flow lines anddrainage/drainage outlets;
(4) Retaining walls elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated; and
(5) If applicable, flood hazard and restricted use area.
(g) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical reports all reference the stability of the retaining walls
to withstand pressure of the retained soils and the appropriated
recommendations forthe project's construction and common driveway
easement's reconstruction.
(h) Prior to pad inspection and final inspection or Certificate of
Occupancy issuance, the Applicant shall obtain and submit to the
Public Works and Bui�ding and Safety Divisions a Rough Grade and
Fine Grade Certifications by the project's soils and civil engineers.
(i) Applicant shall provide service connections for water, sewer, gas,
electric, etc.
(j) Prior to commencernent of grading activities, the applicant shall
provide the City with a defined access route for construction vehicles
to and from Steeplechase Lane. The applicant shall provide an
assessment of the common driveway easement condition to the City
Engineer. Prior to find occupancy, the common driveway easement
condition shall be re -assessed and the applicant shall repair any
damage to the ease ent, as a result of construction activities. On an
ongoing as needed basis, the applicant shall repair damage that may
occur to the common driveway easement during construction,
according to the satisfaction of the City Engineer.
M.
(k) Prior to final inspection or issuance of Certificate of Occupancy, the
applicant shall re -construct their portion of the common driveway
easement that traverses the project site, pursuant to the design
recommendations within the soils report and to the satisfaction of the
City Engineer and Fire Department. The applicant shall widen the
common driveway easement within the front portion of the project site
to 20 feet. Design for widening the easement shall be submitted to
the City Engineer prior to plan check submittal. If demonstrated by
the geotechnical report that the increase in the width of the common
driveway easement to 20 feet can not be achieved, the City Engineer
may deviate from this requirement. Colors and materials shall match
the existing concrete) and asphalt surfaces.
(I) The applicant shall prepare, execute and record with Los Angeles
County recorder office a Covenant, Conditions & Restrictions (CC&R)
Agreement includingi the legal description of the common driveway
easement with all afflected property owners adjacent to the common
driveway easement. !, A copy of the recorded CC&R Agreement shall
be submitted to the City. If applicant is not successful in executing
this condition, the City Engineer may deviate from this requirement.
(m) Slope of the proposed driveway shall be approved by the Fire
Department.
(n) Before the issuance f any City permits, the applicant shall submit an
erosion control plan or the City's review and approval. The erosion
control plan shall co form to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) during and after construction.
Additionally, the applicant shall obtain the necessary NPDES permits.
(o) The applicant shall make an application for sewer connection with the
Los Angeles County Department of Public Works and the Sanitation
District.
(p) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plash (SUSMP) requirements to the satisfaction of the
City engineer.
(q) An Erosion Control Flan shall be required for grading permits issued
between October 1 and April 15.
(r) Prior to the issuance of any City permits, the applicant shall submit a
hydrology study for the City's review and approval. All drainage/runoff
from the subject property shall be conveyed from the site to the
9
natural drainage course. On-site drainage shall not be conveyed to
adjacent parcels.
(s) The proposed residence shall comply with the State Energy
Conservation Standards.
(t) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(u) The proposed single -f Imily residence is located within "high fire zone"
and shall meet all requirements of said zone.
(1) All roof coverin shall be "Fire Retardant." Tile roof shall be
fire stopped at the eaves to preclude entry of the flame or
members unde the fire.
(2) All unenclosed under -floor areas shall be constructed as
exterior walls.
(3) All openings in o the attic, floor and/or other enclosed areas
shall be cover d with corrosion -resistant wire mesh not less
than 1/4 inch o more than 1/2 inch in dimension except where
such openingsre equipped with sash or door.
(4) Chimneys sha 1 have spark arrests of maximum 1/2 inch
screen.
(v) Plans shall conform to State and Local Building Code (i.e., 22001
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 2001 N ational Electrical Code) requirements.
(w) Construction plans shall be engineered to meet wind loads of
80 M.P.H. with a "C" exposure.
I
(x) Prior to digging the f OL ndation and setting forms, the applicant (at the
applicant's expense) shall provide a certified land survey to the City
verifying the required setback locations pursuant to the Development
Code, Exhibit "A" and as shown in the comparison matrix of the staff
report.
(y) All balconies shall be designed for a 40 pound per square foot live
load.
(z) Applicant shall provide temporary sanitation facilities while project is
under construction.
(aa) Prior to plan check submittal, applicant shall delineate on the
construction plans roof material, stucco and window colors.
10
(bb) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval.
(cc) 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
commerciaUinstitutio0al 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.
(dd) Prior to the issuance f any City permits, the Applicant shall complete
and record a "Covenant and Agreement to Maintain a Single -Family
Residence" on a forrr to be provided by the City. The covenant shall
be completed and recorded with the Los Angeles County Recorders
Office.
(ee) 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 extensio6of 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.
(ff) This grant shall not a effective for any purpose until the permittee
and owner of the pro erty involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, at the City of
Diamond Bar Com unity 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 0 submitted reports.
(gg) If the Department of ish 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
11
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: Dr. and Mrs. R. Mok and M. T. Mok, 1636 Fox Glen Drive,
Diamond Bar, CA 91765 and Mr. Rupert Mok, 829 S. Lemon Avenue,
Walnut, CA 91789.
APPROVED AND ADOPTED THIS 26Th OF OCTOBER 2004, BY THE
PLANNING COMMISSION OF THE CITYbF DIAMOND BAR.
BY: -
5� ��
Jack Tanaka, Vice Chairman
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 26th
day of October 2004, by the following vote:
AYES: Commissioners: 1 -ye, McManus, Low, Vice Chairman Tanaka
NOES: Commissioners: None
ABSENT: Commissioners: Chairman Nolan
ABSTAIN: Commissioners: done
ATTEST:
ZesDe tefano, ecretary
12
PLANNING COMMISSION
RESOLUTION NO. 2004-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2004-25, TREE PERMIT NO. 2004-09 AND CATEGORICAL
EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY
SINGLE-FAMILY RESIDENCE WITH A FIVE CAR GARAGE,
BALCONIES AND COVERED PATIOS TOTALING TO
APPROXIMATELY 14,680 SQUARE FEET. THE REQUEST ALSO
INCLUDES THE FOLLOWING: A SERIES OF RETAINING WALLS
IN THE FRONT, SIDE AND REAR YARDS WITH A MAXIMUM
EXPOSED HEIGHT OF SIX FEET FOR EACH WALL; AND THE
REMOVAL OF TWELVE WALNUT TREES. THE PROJECT SITE IS
LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT
NO. 30289), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1 The property owner, Dr. and Mrs. R. Mok and M. T. Mok and applicant,
Mr. Rupert Mok have fil d an application for Development Review
No. 2004-25, Tree Permit No. 2004-09 and categorical exemption for a
property located at 2718 Steeplechase Lane, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Development
Review, Tree Permit and categorical exemption shall be referred to as the
"Application."
2. On October 13, 2004, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. On September 30, 2004, public hearing notices were mailed to
approximately 48 property owners within a 500 -foot radius of the project site.
Furthermore on September 30, 2004, the project site was posted with a
display board and the public notice was posted in three public places.
3. On October 26, 2004, the Punning Commission of the City of Diamond Bar
conducted and concluded 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 project identified above in
this Resolution is categorically exempt pursuant to Section 15303(a) 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 'I conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a site located at 2718 Steeplechase Lane
(Lot 54, Tract No. 302$9) within a gated community identified as "The
Country Estates". The project site is a rectangular shaped vacant lot
of approximately 1.20 gross acres (1.11 net acres). It slopes upward
from Steeplechase Lane to the rear property line. An existing
common driveway easement traverses the front portion of the project
site approximately 58 feet east of the centerline of Steeplechase
Lane. The driveway easement also traverses the front portion of
Lots 51, 52, 53, (54-Oroject site) 55, 56, and 57. A recreational/
equestrian easement was located within the rear portion of the project
site; however, this easement was vacated in its entirety in April 1990.
(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:
North: R-1, 20,000 Single Family Residential -Minimum Lot Size
20,000 Square Feet);
South: R-1, 20,000 kSingle Family Residential -Minimum Lot Size
20,000 Square Feet); I
2
East: R-1, 20,000 (Single Family Residential -Minimum Lot Size
20,000 Square Feet);
West: R-1, 20,000(Single Family Residential -Minimum Lot Size
20,000 Square Feet), Diamond Bar Boulevard, R-1-7,500 and
Country Hills Town Center;
(e)
The Application request is to construct a three-story single-family
dwelling containing a combined floor area of approximately 14,680
square feet (including a five car garage, balconies and covered
patios). The request also includes a series of retaining walls within the
front, side and rear yards of varying heights not to exceed an exposed
height of six feet and the removal of 12 walnut trees.
Development Review
M
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 plans, boulevards or
planned developments).
The project site is ai vacant property of approximately 1.20 gross
acres subdivided by Tract Map No. 30289 under the jurisdiction of Los
Angeles County prior) to the City's incorporation in April 1989. At the
time of the subdivi ion approval, the project site was cited for
residential developm nt.
On July 25, 1995, the City adopted its General Plan. Although the
Tract was established prior to incorporation and the General Plan's
adoption, it complies'i with the General Plan land use designation of
RR -Maximum 1 DU/.4C since the project site is 1.20 gross acres.
Additionally, the proposed project complies with the General Plan
objectives and strategies related to maintaining the integrity of
residential neighborhoods and open space.
The proposed projei t, as presented, complies with all the city's
development standards (i.e., setback, lot coverage, height,
architectural requirements set forth by City's Design Guideline,
landscaping/irrigatioh, etc.) The proposed project also includes the
construction of a series of retaining walls related to
creating/supporting the pad due to the project site's topography. The
City's Development Code hillside management standards allow
terraced retaining walls separated by a minimum three feet with
appropriate landscaping for unusual or extreme conditions (i.e., lot
configuration, steep) slope, or road design). Additionally, the
Development Code also allows walls within the front (not within the 30
3
(9)
foot front yard setback), side and rear yards with a maximum exposed
height of six feet as proposed by this project. Furthermore, the
proposed project has obtained the approval of 'The County Estates"
Architectural Committee and the project is compatible with the eclectic
architectural style, colors and material and size of other homes within
"The Country Estates".
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.
As referenced above in Finding (f), the proposed project is a single-
family residence, consistent with other single family residences
established within "The Country Estates". As such, the proposed
residence is not expected to interfere with the use and enjoyment of
neighboring existing or future development. The proposed residence
is not expected to create traffic or pedestrian hazards due to that fact
that the use was planned with the tract's original approval and will
remain a single-family residence. 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 proposed project's architectural style (as referred to in
application) is Mediterranean. This style is compatible with other
residences within Tract No. 30289 and 'The Country Estates" due to
the eclectic architectural style that is existing in this area. The
applicant has obtained 'The Country Estates" Homeowners'
Association Architectural Committee.
The proposed color palette is varying shades of earth tones as
follows:
Roof Eagle Tile ICBG: #4660 color blended; Malibu No. 2118 -
Terracotta Gold
Stucco hr: Aspen X-23 - light tan
Mouldings, Columns hr/Sandstone Product: eggshell white - off-white
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The proposed materials offer a variety of textures. As a result, the
proposed project will provide a desirable environment with good
aesthetic use of materials, textures and colors that will remain
aesthetically appealing while offering variety. Additionally prominent
architectural features include the front entry flanked by Corinthian
type columns, balconies, balustrades, fenestration and varying planes
of the front fagade. As a result, the proposed project 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.
U)
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 and will retain a reasonably
adequate level of maintenance.
As referenced in the above Findings (f) through (h), the proposed
project will provide 0 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
while offering variety in color and texture related to stucco and stone
accent and a low level of maintenance.
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 the approved 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 is
not detrimental to the public health, safety or welfare or materially
injurious to the propelrties 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 Environmental Quality Act
(CEQA), Section 15303(a), 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.
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Tree Permit
(It shall be necessary that one or more of the following findings is made,
otherwise the application shall be denied.)
(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 —ublic health and safety hazard due to the risk
of it falling and its stru tural instability cannot be remediated;
(t) The tree is a public nuisance by causing damage to improvements,
(e.g., building foundati n, 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 clang r of being exterminated by the parasite;
(v) The tree belongs to al 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 coliance with Section 22.38.130 (Tree
Replacement/Relocation oStandards
Tree Permit No. 2004309 is a request to establish whether or not the
tree species specified in the City's Development Code exist on the
project site and to determine if removal, protection and replacement
are appropriate.
According to the applicant, the project site contains 23 walnut trees
with DBH varying from two to less than eight inches. The applicant is
requesting to remove; 12 of the 23 walnut trees. The two of the 12
walnut trees to be removed are located within the front portion of the
project site adjacent to the entry of the proposed residence. The
remaining 10 walnut trees to be removed are located within the rear
portion of the project site where the pool, patio cover and retaining
6
walls will be located. The remaining 11 walnut trees are located in the
rear portion of the project site outside the buildable pad area.
Pursuant to the Development Code, walnut trees less than eight
inches at DBH are exempt from replacement and protection
requirements. However and prior to the issuance of any City permits,
the applicant will be required to have the quantity, size and location of
the walnut trees verified by a certified arborist and submit a report
prepared by the certified arborist to the City for review and approval.
If said trees have a DISH of eight inches or greater, the trees that will
remain shall be p otected according to Development Code
Chapter 22.38 - Tree" Preservation and Protection. The trees that will
be removed shall be! replaced at a 3:1 ratio with 24 inch box size
walnut trees for six or fewer or 15 gallon for seven or more.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approtres 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
October 26, 2004, as submitted and approved by the Planning
Commission, and as amended herein.
(b) The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement grant d herein. The removal of all trash, debris, and
refuse, whether duri g 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 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 applicant shall submit a
final landscape/irrigation plan for the City's review and approval. Said
plan shall delineate the location, size and quantity of all plant species.
Plant materials shall be utilized to screen the retaining walls. Prior to
final inspection or Certificate of Occupancy, it will be required that all
landscaping/irrigation be installed.
(d) Retaining walls not located in 30 foot front yard setback shall not
exceed an exposed height of six feet as delineated in Exhibit "A".
7
(e) The residential structure shall not exceed a height of 35 feet from the
natural or finished grade. Said height shall include the chimney. At
the rough framing stage, the height of residential structure shall be
certified by a licensed engineer approved by the City at the applicant's
expense.
M
(g)
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 qua tities with calculations;
(2) Existing and pr posed topography;
(3) Flow lines and rainage/drainage outlets;
(4) Retaining walls elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated; and
(5) If applicable, flood hazard and restricted use area.
Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report Ifor the City's review and approval. The
geotechnical report s all reference the stability of the retaining walls
to withstand pressur of the retained soils and the appropriated
recommendations for a project's construction and common driveway
easement's reconstru tion.
(h) Prior to pad inspection and final inspection or Certificate of
Occupancy issuance, the Applicant shall obtain and submit to the
Public Works and Bui ding and Safety Divisions a Rough Grade and
Fine Grade Certifications by the project's soils and civil engineers.
(i) Applicant shall provide service connections for water, sewer, gas,
electric, etc.
a)
Prior to commence ent of grading activities, the applicant shall
provide the City with defined access route for construction vehicles
to and from Steeplechase Lane. The applicant shall provide an
assessment of the common driveway easement condition to the City
Engineer. Prior to final occupancy, the common driveway easement
condition shall be reassessed and the applicant shall repair any
damage to the easement, as a result of construction activities. On an
ongoing as needed bbasis, the applicant shall repair damage that may
occur to the common driveway easement during construction,
according to the satisfaction of the City Engineer.
8
(k) Prior to final inspection or issuance of Certificate of Occupancy, the
applicant shall re -construct their portion of the common driveway
easement that traverses the project site, pursuant to the design
recommendations within the soils report and to the satisfaction of the
City Engineer and Fire Department. The applicant shall widen the
common driveway easement within the front portion of the project site
to 20 feet. Design for widening the easement shall be submitted to
the City Engineer prior to plan check submittal. If demonstrated by
the geotechnical report that the increase in the width of the common
driveway easement to 20 feet can not be achieved, the City Engineer
may deviate from this requirement. Colors and materials shall match
the existing concrete) and asphalt surfaces.
(I) The applicant shall prepare, execute and record with Los Angeles
County recorder office a Covenant, Conditions & Restrictions (CC&R)
Agreement including the legal description of the common driveway
easement with all afflected property owners adjacent to the common
driveway easement. A copy of the recorded CC&R Agreement shall
be submitted to the City. If applicant is not successful in executing
this condition, the City Engineer may deviate from this requirement.
(m) Slope of the proposed driveway shall be approved by the Fire
Department.
(n) Before the issuance f 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.
Additionally, the applicant shall obtain the necessary NPDES permits.
(o) The applicant shall make an application for sewer connection with the
Los Angeles County Department of Public Works and the Sanitation
District.
(p)
If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plaih (SUSMP) requirements to the satisfaction of the
City engineer.
(q) An Erosion Control F"Ian shall be required for grading permits issued
between October 1 and April 15.
(r) Prior to the issuance' of any City permits, the applicant shall submit a
hydrology study for the City's review and approval. All drainage/runoff
from the subject property shall be conveyed from the site to the
natural drainage course. On-site drainage shall not be conveyed to
adjacent parcels.
(s) The proposed residence shall comply with the State Energy
Conservation Standards.
(t) Surface water shall drain away from the proposed residence at a two-
percent minimum slope.
(u) The proposed single-f mily residence is located within "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 uncle the fire.
(2) All unenclosed under-floor areas shall be constructed as
exterior walls.
(3) All openings in o the attic, floor and/or other enclosed areas
shall be cover d with corrosion-resistant wire mesh not less
than 1/4 inch o more than 1/2 inch in dimension except where
such openings re equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch
screen.
(v) Plans shall conform to State and Local Building Code (i.e., 2001
Uniform Building Co(t Uniform Plumbing Code, Uniform Mechanical
Code, and the 2001 National Electrical Code) requirements.
(w) Construction plans shall be engineered to meet wind loads of
80 M.P.H. with a "C" exposure.
I
(x) Prior to digging the fo ndation and setting forms, the applicant (at the
applicant's expense) hall provide a certified land survey to the City
verifying the required setback locations pursuant to the Development
Code, Exhibit "A" and as shown in the comparison matrix of the staff
report. i
(y) All balconies shall be
load.
designed for a 40 pound per square foot live
(z) Applicant shall provide temporary sanitation facilities while project is
under construction.
(aa) Prior to plan check submittal, applicant shall delineate on the
construction plans roof material, stucco and window colors.
10
(bb) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval.
(cc) 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/institutionial 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.
(dd) Prior to the issuance f any City permits, the Applicant shall complete
and record a "Coven nt and Agreement to Maintain a Single -Family
Residence" on a for to be provided by the City. The covenant shall
be completed and recorded with the Los Angeles County Recorders
Office.
(ee) This grant is valid for two years and shall be exercised
(i.e., construction stated) within that period or this grant shall expire.
A one-year extensionlof 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.
(ff) 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 Com unity and Development Services Department,
their affidavit stating that they are aware of and agree to accept all the
conditions of this graft. Further, this grant shall not be effective until
the permittee pays remaining City processing fees, school fees and
fees for the review ofi submitted reports.
(99)
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
11
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: Dr. and Mrs. R. Mok and M. T. Mok, 1636 Fox Glen Drive,
Diamond Bar, CA 91765 and Mr. Rupert Mok, 829 S. Lemon Avenue,
Walnut, CA 91789.
APPROVED AND ADOPTED THIS 26Th OF OCTOBER 2004, BY THE
PLANNING COMMISSION OF THE CITY!OF DIAMOND BAR.
BY:
c
Jack Tanaka, Vice Chairman
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 26th
day of October 2004, by the following vote:
AYES: Commissioners: Tye, McManus, Low, Vice Chairman Tanaka
NOES: Commissioners: None
ABSENT: Commissioners: Chairman Nolan
ABSTAIN: Commissioners: None
ATTEST:
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