HomeMy WebLinkAboutPC 2005-19PLANNING COMMISSION
RESOLUTION NO. 2005-19
A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2005-06/TREE PERMIT NO. 2005-021MINOR CONDITIONAL
USE PERMIT NO. 2005-10 AND CATEGORICAL EXEMPTION
15303(a), A REQUEST TO DEMOLISH THE EXISTING SINGLE
FAMILY STRUCTURES (HOUSE AND BARN) AND TO
CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF
APPROXIMATELY 13,141 GROSS SQUARE FEET INCLUDING
PORCHES, VERANDA, BALCONIES, AND A SIX CAR GARAGE.
THE REQUEST INCLUDES SITE IMPROVEMENTS: A SERIES OF
RETAINING WALLS TO A MAXIMUM SIX (6) FEET EXPOSED
HEIGHT IN THE REAR YARD; A MINOR CONDITIONAL USE
PERMIT APPROVAL FOR THE DRIVEWAYS; AND A TREE
PERMIT APPROVAL TO REMOVE AND REPLACE
PROTECTED/PRESERVED TREES. THE PROJECT SITE IS
ASSESSOR PARCEL NUMBER 8713-006-006, ADDRESSED
2305 ALAMO HEIGHTS (LOT 6, TRACT NO. 30091), DIAMOND
BAR, CALIFORNIA.
A. RECITALS
The property owners, Li Chun Chiu and Wen -Chino Chiu, and Applicant,
Peter Fung, filed an application to approve Development Review
No. 2005-06/Tree Permit No. 2005-02/Minor Conditional Use Permit
No. 2005-10 for a property located at 2305 Alamo Heights, Diamond Bar,
Los Angeles County, California, and partof the gated development identified
as the Country Estates, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Review, Tree Permit,
Minor Conditional Use Permit, and Categorical Exemption shall be referred
to as the "Application."
2. On April 26, 2005, 93 property owners within a 500 -foot radius of the project
site were notified by mail and three other locations were posted within the
application's vicinity. On April 29, 2005, the project's public hearing
notification was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers and a public hearing notice display board
was posted at the site.
3. On May 10, 2005, the Planning 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:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines. This is
pursuant to Section 15303(x) of Article 19 of Chapter 3, Title 14 of the
California Code of Regulations.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to Assessor parcel number 8713-006-006,
addressed 2305 Alamo Heights (Lot 6, Tract No. 30091), Diamond
Bar, California, within the gated community identified as the Country
Estates. The parcel is 1.29 gross acres. The lot is irregularly shaped,
widening and sloping downward to the lot's rear area.
(b) The General Plan Land Use designation is Rural Residential (RR), 1
dwelling unit/acre. The project site is zoned Single Family Residence,
R-1-40,000.
(c) The R-1, 40,000 zone surrounds the project site.
(d) The application is a request to demolish the existing single family
structures (house and barn) and to construct a two story, single family
residence of approximately 13,141 gross square feet including
porches, veranda, balconies, and a six car garage; a series of
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retaining walls at maximum six (6) feet exposed height in the rear
yard; a Minor Conditional Use Permit for the driveways; and a Tree
Permit to remove and replace a prote ctedipreserved California
Pepper tree.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
The project site and existing structures were established in the 1970's
before the adoption of the City's General Plan. The existing and
proposed project complies with the elements of the adopted General
Plan of July 25, 9995, which has a land use designation of Rural
Residential (Max. 1 du/acre). The proposed use is zoned for single
family residence at R-1-40,000. The proposed structure complies with
the City's General Plan objectives and strategies related to
maintaining the integrity of residential neighborhoods and open
space. The structures and placement on the parcel conform to site
coverage, setbacks, and height criteria. There is no specific or
additional community planned development for the site.
(f) 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.
The project site is currently developed with an existing house and
barn, which will be demolished to allow for the construction of a new
single family structure. The lot is within an existing tract designed for
single family homes. The proposed new construction does not change
the use intended for the site as a single family residence. The
developed property is not expected to unreasonably interfere with the
use and enjoyment of neighboring existing or future development, and
will not create traffic or pedestrian hazards.
The project site is adequately served by Ridgeline Road and Alamo
Heights. These private streets are designed to handle minimum traffic
created by single family development.
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
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maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed Mediterranean project's architectural design and palette
are compatible with the other homes eclectic architectural style within
the Country Estates, and are consistent with the City's General Plan,
Municipal Code, and Design Guidelines. The curb appeal features
include neutral colors of beiges and light terracotta for the following:
the use of varying planes mixing the hip roof with hip and gable
towers of Capistrano blend clay "S" tile which adds texture and
contrast; the smooth beige stucco texture is trimmed in a darker beige
(Hickory) color; windows are treated with stucco trim and arched
colonnades; the reargarage entry eliminates the garage doorfeatures
at the street .side and provides variation with one and two story
features; and the balconies have precast balustrade.
With the landscape materials screening much of the side and rear
yards'retaining walls, the maximum six feet height is compatible with
the neighborhood. Many homes in the Country Estates have similar
structures.
(h) The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
A project colors/materials board is provided. The colors, materials,
and textures proposed are complimentary to the existing homes within
the area while offering variety.
{i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan checks, City permits and inspections, soils report
review and approval, and Fire Department approvals, are required for
construction. These processes will ensure that the finished project will
not be detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
The terrain in the vicinity of Ridgeline Road and Alamo Heights is hilly.
The subject site is higher at street level, sloping to lower elevations
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toward the rear of the property. By maintaining the allowed height of
35 feet, the proposed residential structure allows view corridors to its
neighbors. Therefore, the proposed residence will not have significant
detrimental view blockage impact.
(j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA). .
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the Califomia
Environmental Quality Act of 1970 (CEQA), Section 15303(x).
TREE PERMIT
(k) Preservation of the existing oak and walnut trees is not feasible and
would compromise the property owner's reasonable use and
enjoyment of property. Surrounding land and appropriate mitigation
measures will be implemented in compliance with Section 22.38.130.
The applicant has submitted that the development requires the
removal of one Schinus Molle, California Pepper tree. A 3:1
replacement shallbe required pursuant to the Municipal Cade ofa like
for like species. Many homes within the Country Estates have
remodeled and requested Tree Permits. Therefore, preservation of
this tree would compromise the property owner's reasonable use and
enjoyment of his property.
MINOR CONDITIONAL USE PERMIT
(1) 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 Municipal Code.
As stated in Items (e -i), the proposed single family use is allowed
within the zoning district and complies with all other applicable
provisions of the Municipal Code. The driveways meet the parcel size
and the flatwork is less than 50 percent of the side yard. The project's
streetscape architectural features and design include a rear garage
which adds variation and stateliness at the streetscape.
A circular driveway use is allowed in the zone and this complies with
the Municipal Code standards and is consistent with the General
5
Plan. The design, location, size, etc., are compatible in the vicinity and
the site is physically suitable and absent of physical constraints.
(m) The proposed use is consistent with the General Plan and any
applicable specific plan.
As stated in item (e -i), the proposed use is consistent with the
General Plan and there is no applicable specific plan.
(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 stated in Items e -i), the design, location, size, etc. is compatible
with the existing and future land uses in the vicinity.
(o) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provisions of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
As stated in items (e -i), the subject site is physically suitable for the
type and density/intensity of use being proposed including access,
provisions of utilities, compatibility with adjoining land uses, and the
absence of physical constraints.
(p) Approving the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare or
materially injurious to person, property or improvements in the vicinity
and zoning districts in which the property is located.
Soils report, fire department approval, structural plan check, City
permits, and inspections are required for construction. These
processes will ensure that the finished project will not be detrimental
to the public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinity.
(q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that this project is Categorically Exempt in
accordance to the California Environmental Quality Act (CEQA),
Section 15303(a).
[.
5. Based upon the findings and conclusions set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, floor plans,
elevations, roof plan, grading plan, landscape plan, and sections,
collectively labeled as Exhibit "A" dated May 10, 2005, as submitted
to, amended, and approved by the Planning Commission.
(b) An exterior arched decorative trim detail shall be added at the
garages facing Broken Twig Road. Staff will work with the architect to
design a detail consistent with that found at the rear of the two car
garage less a window.
(c) The low seat wall in the right-of-way of Broken Twig Road shall be
removed.
(d) The subject site shall be maintained in a condition that is free of
debris both during and after the construction, addition, or
implementation of the entitlement approved herein. The removal of all
trash, debris, and refuse, whether during or subsequent to
construction, shall be done only by the property owner, applicant or by
duly permitted waste contractor, who has been authorized by the City
to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar
to provide such services.
(e) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal.
(f) The Applicant shall provide temporary sanitation facilities while under
construction.
(g) Prior to issuance of any permits, the Applicant shall submit proof that
the building design is approved by the Country Estates Homeowners
Association Architectural Committee.
(h) Prior to Grading or Building Permit issuance, a demolition permit and
South Coast Air Quality Management District Permit shall be
obtained, and the pool shall be drained.
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ENGINEERINGiBUILDING AND SAFETY
(i} Prior to Grading Plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California shall be
submitted for approval by the City.
()) Grading Plan shall be prepared by a Civil Engineer, licensed by the
State of California, for approval by the City. The Grading Plan shall
be prepared in accordance with the City's Requirements for Grading
Plan Check requirements. All grading (Cut and fill) calculations shall
be submitted to the City concurrently with. the grading plan.
(k) All easements and flood hazard areas shall be clearly identified on the
grading plan.
(1) The Grading Plan shall show the location of any retaining walls and
the elevations of the top of wall/footing/retaining and the finished
grade on both sides of the retaining wall. Construction details for
retaining wails shall be shown on the Grading Plan.
(m) Retaining wall plan check and calculations shall be reviewed and
approved by the Building and Safety Division prior to permit issuance
by the Building and Safety Division.
(n) An erosion control plan shall be submitted and erosion control
measures shall be in place for construction starting after October 1 st
through April 15th. The erosion control plan shall conform to national
Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's).
(o) If required by the City Engineer, the applicant shall comply with
Standard Urban Storm Water Mitigation Plan (SUSMP) requirements
to the satisfaction of the City Engineer.
(p) All drainage/runoff from the development shall be conveyed from the
site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels, unless that is the natural drainage
course. Permission must be obtained from adjacent property owners
if proposed drainage flows into their property.
(q) Finished slopes shall conform to City Code Section 22.22.080 -
Grading.
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{r) Prior to the issuance of Building Permits, a pre -construction meeting
must be held at the project site with the grading contractor, applicant,
and city grading inspector at least 48 hours prior to commencing
grading operations.
(s) Rough grade certifications by project soils engineer shall be submitted
prior to issuance of building permits for the foundation of the home
structure. Retaining wall permits are not issued without a rough grade
certificate.
(t) Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works/Engineering Division prior to the
issuance of any final inspections/certificate of occupancy,
respectively.
(u) The Applicant shall verify the existing swimming pool and the existing
retaining walls' suitability to withstand surcharges imposed by the new
structures.
(v) Applicant shall verify that the project site is currently connected to the
public sewer system and impacts on the sewage capacity as a result
of the proposed structure shall be approved. Applicant shall verify
availability to and make application for connection to the sewer with
the Los Angeles County Department of Public Works and/or the
Sanitation District prior to the issuance of any City construction permit.
(w) Applicant shall submit an application to the Walnut Valley Water
District for Fire Flow and submit their approval to the Building and
Safety Division prior to the issuance of building permits.
(x) indicate grade elevations on all building elevations.
(y) Site, driveway grade, and house design shall be approved by the Fire
Department. The maximum slope is 15% in accordance to the Public
Works Division.
(z) Applicant shall submit drawings and calculations prepared by a
licensed Architect/Engineer with wet stamp and signature.
(aa) The single family structure shall meet the 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
(bb) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(cc) The single family structure requires Fire Department approval and is
located in "Fire Zone 4" and shall meet the following requirements of
that fire zone:
1. All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire;
2. All enclosed under -floor areas shall be constructed as exterior
walls;
3, All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than '/4 inch nor more than '/z inch in any dimension except
where such openings are equipped with sash or door;
4. Chimneys shall have spark arresters of maximum % inch
screen.
(dd) This single family structure shall meet the State Energy Conservation
Standards.
(ee) Due to the site's topography, applicant shall comply with special
design requirements as specified in the 2001 California Building
Code, Section 1806.4.2, building setback, top and toe of slopes.
(ff) All sleeping rooms shall have windows that comply with egress
requirements.
(gg) All balconies shall be designed for 40 pound per square foot live load.
(hh) Hand rails and guardrails shall be designed for 20 -pound load applied
laterally at the top of the rail.
(ii) Smoke detectors shall be provided in conformance with the 2001
California Building Code.
Qj) Application shall provide window and door schedule for Building and
Safety plan check.
PLANNING DIVISION
(kk) A final landscape plan shall be submitted to the Planning Division for
review and approval prior to the issuance of a Building Permit. The
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plans shall include trees and shrubs, in addition to those shown on
the preliminary landscape plan, to soften the retaining walls at the
side and rear yards of the pad and include the location of the three 24
inch box replacement Schinus Molle, California Pepper as conditioned
below.
(Il) The applicant shall replace the removal of one Schinus Molle,
California Pepper, tree with three (3) Schinus Molle, California
Pepper, 24 inch box, and protect and preserve the oak tree and the
walnut tree on site. A certified arborist shall supervise the
preservation and the oak and walnut trees and shall comply with the
Section 22.38.140 Tree Protection Requirements. The revised
landscape plans shall reflect the location and planting of trees.
(mm) All landscaping/irrigation shall be installed prior to the Planning
Division's final inspection including the protected/preserved trees. Any
walls, gates, fountains, etc. that may be proposed within the front
setback shall not encroach into street's dedicated easement or
exceed a maximum 42 inches in height.
(nn) Maximum height of the residence shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline. The 35 feet includes the chimneys. At roof sheathing
inspection, the Applicant shall have a licensed engineer certify that
the height of the residential structure meets this requirement and
submit it to the Building and Safety Division for review and approval.
(oo) The single family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise, odor,
traffic, or other disturbances to the existing residential neighborhood
and shall not result in significantly adverse effects on public services
and resources. The single family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood,
(pp) The applicant shall complete and record a "Covenant and Agreement
to Maintain a Single Family Residence With Guest House" on a form
to be provided by the City. The covenant must be completed and
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recorded with the Los Angeles County's Recorder's Office prior to the
issuance of a building permit.
(qq) The Applicant shall comply with the requirements of the Fire
Department and City Planning, Building and Safety, and Public Works
Divisions.
(rr) This approval is valid for two (2) years and shall be exercised
(i.e., construction) within that period or this approval shall expire. A
one -(1) year extension may be approved when submitted to the City
in writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Municipal Code.
(ss) This approval 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 approval, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware and agree to accept all the
conditions of this approval. Further, this approval shall not be effective
until the permittee pays remaining City processing fees.
(tt) 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 approval, a
cashier's check of $25.00 for a documentary handling fee in
connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to Li Chun Chiu and Wen -Chian Chiu, 2305 Alamo Heights, Diamond
Bar, CA 91765, and Peter Fung, 1227 W. Valley Boulevard, #112,
Alhambra, CA 91803.
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APPROVED AND ADOPTED THIS 10th DAY OF MAY 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: �---� ! # ALL
Joe McManus, Chairman
I, James DeStqTano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution w s duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of May 2005, by the following vote:
AYES: Commissioner: Tye, Tanaka, Nolan, V/C Low, Chair/McManus
NOES: Commissioner: None.
ABSENT: Commissioner: None.
ABSTAIN: Commissioner: None.
ATTEST:
James geStefaho, Secretary
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PLANNING COMMISSION
RESOLUTION NO. 2005-19
A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW
NO. 2005-06/TREE PERMIT NO. 2005-02/MINOR CONDITIONAL
USE PERMIT NO. 2005-10 AND CATEGORICAL EXEMPTION
15303(a), A REQUEST TO DEMOLISH THE EXISTING SINGLE
FAMILY STRUCTURES (HOUSE AND BARN) AND TO
CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF
APPROXIMATELY 13,141 GROSS SQUARE FEET INCLUDING
PORCHES, VERANDA, BALCONIES, AND A SIX CAR GARAGE.
THE REQUEST INCLUDES SITE IMPROVEMENTS: A SERIES OF
RETAINING WALLS TO A MAXIMUM SIX (6) FEET EXPOSED
HEIGHT IN THE REAR YARD; A MINOR CONDITIONAL USE
PERMIT APPROVAL FOR THE DRIVEWAYS; AND A TREE
PERMIT APPROVAL TO REMOVE AND REPLACE
PROTECTED/PRESERVED TREES. THE PROJECT SITE IS
ASSESSOR PARCEL NUMBER 8713-006-006, ADDRESSED
2305 ALAMO HEIGHTS (LOT 6, TRACT NO. 30091), DIAMOND
BAR, CALIFORNIA.
A. RECITALS
1 The property owners, Li Chun Chiu and Wen-Chiao Chiu, and Applicant,
Peter Fung, filed an application to approve Development Review
No. 2005-06/Tree Permit No. 2005-02/Minor Conditional Use Permit
No. 2005-10 for a property located at 2305 Alamo Heights, Diamond Bar,
Los Angeles County, California, and part of the gated development identified
as the Country Estates, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Review, Tree Permit,
Minor Conditional Use Permit, and Categorical Exemption shall be referred
to as the "Application."
2. On April 26, 2005, 93 property owners within a 500 -foot radius of the project
site were notified by mail and three other locations were posted within the
application's vicinity. On April 29, 2005, the project's public hearing
notification was published in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers and a public hearing notice display board
was posted at the site.
3. On May 10, 2005, the Planning 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. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) and guidelines. This is
pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the
California Code of Regulations.
The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to Assessor parcel number 8713-006-006,
addressed 2305 Alamo Heights (Lot 6, Tract No. 30091), Diamond
Bar, California, within the gated community identified as the Country
Estates. The parcel is 1.29 gross acres. The lot is irregularly shaped,
widening and sloping downward to the lot's rear area.
(b) The General Plan Land Use designation is Rural Residential (RR), 1
dwelling unit/acre. The project site is zoned Single Family Residence,
R-1-40,000.
(c) The R-1, 40,000 zone surrounds the project site.
(d) The application is a request to demolish the existing single family
structures (house and barn) and to construct a two story, single family
residence of approximately 13,141 gross square feet including
porches, veranda, balconies, and a six car garage; a series of
2
retaining walls at maximum six (6) feet exposed height in the rear
yard; a Minor Conditional Use Permit for the driveways; and a Tree
Permit to remove and replace a protected/preserved California
Pepper tree.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments).
M
(9)
The project site and existing structures were established in the 1970's
before the adoption of the City's General Plan. The existing and
proposed project complies with the elements of the adopted General
Plan of July 25, 1995, which has a land use designation of Rural
Residential (Max. 1 du/acre). The proposed use is zoned for single
family residence at R-1-40, 000. The proposed structure complies with
the City's General Plan objectives and strategies related to
maintaining the integrity of residential neighborhoods and open
space. The structures and placement on the parcel conform to site
coverage, setbacks, and height criteria. There is no specific or
additional community planned development for the site.
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.
The project site is currently developed with an existing house and
barn, which will be demolished to allow for the construction of a new
single family structure. The lot is within an existing tract designed for
single family homes. The proposed new construction does not change
the use intended for the site as a single family residence. The
developed property is not expected to unreasonably interfere with the
use and enjoyment of neighboring existing or future development, and
will not create traffic or pedestrian hazards.
The project site is adequately served by Ridgeline Road and Alamo
Heights. These private streets are designed to handle minimum traffic
created by single family development.
The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
3
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed Mediterranean project's architectural design and palette
are compatible with the other homes eclectic architectural style within
the Country Estates, and are consistent with the City's General Plan,
Municipal Code, and Design Guidelines. The curb appeal features
include neutral colors of beiges and light terracotta for the following:
the use of varying planes mixing the hip roof with hip and gable
towers of Capistrano blend clay "S" tile which adds texture and
contrast; the smooth beige stucco texture is trimmed in a darker beige
(Hickory) color; windows are treated with stucco trim and arched
colonnades; the rear garage entry eliminates the garage door features
at the street side and provides variation with one and two story
features; and the balconies have precast balustrade.
With the landscape materials screening much of the side and rear
yards'retaining walls, the maximum six feet height is compatible with
the neighborhood. Many homes in the Country Estates have similar
structures.
(h) The design of the proposed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
A project colors/materials board is provided. The colors, materials,
and textures proposed are complimentary to the existing homes within
the area while offering variety.
The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan checks, City permits and inspections, soils report
review and approval, and Fire Department approvals, are required for
construction. These processes will ensure that the finished project will
not be detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
The terrain in the vicinity of Ridgeline Road and Alamo Heights is hilly.
The subject site is higher at street level, sloping to lower elevations
toward the rear of the property. By maintaining the allowed height of
35 feet, the proposed residential structure allows view corridors to its
neighbors. Therefore, the proposed residence will not have significant
detrimental view blockage impact.
G)
TREE PERMIT
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15303(a).
(k) Preservation of the existing oak and walnut trees is not feasible and
would compromise the property owner's reasonable use and
enjoyment of property. Surrounding land and appropriate mitigation
measures will be implemented in compliance with Section 22.38.130.
The applicant has submitted that the development requires the
removal of one Schinus Molle, California Pepper tree. A 3:1
replacement shall be required pursuant to the Municipal Code ofalike
for like species. Many homes within the Country Estates have
remodeled and requested Tree Permits. Therefore, preservation of
this tree would compromise the property owner's reasonable use and
enjoyment of his property.
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 Municipal Code.
As stated in Items (e -i), the proposed single family use is allowed
within the zoning district and complies with all other applicable
provisions of the Municipal Code. The driveways meet the parcel size
and the flatwork is less than 50 percent of the side yard. The project's
streetscape architectural features and design include a rear garage
which adds variation and stateliness at the streetscape.
A circular driveway use is allowed in the zone and this complies with
the Municipal Code standards and is consistent with the General
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Plan. The design, location, size, etc., are compatible in the vicinity and
the site is physically suitable and absent of physical constraints.
(m)
The proposed use is consistent with the General Plan and any
applicable specific plan.
As stated in Item (e -i), the proposed use is consistent with the
General Plan and there is no applicable specific plan.
(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 stated in Items e -i), the design, location, size, etc. is compatible
with the existing and future land uses in the vicinity.
(o) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provisions of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
As stated in Items (e -i), the subject site is physically suitable for the
type and density/intensity of use being proposed including access,
provisions of utilities, compatibility with adjoining land uses, and the
absence of physical constraints.
(p) Approving the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare or
materially injurious to person, property or improvements in the vicinity
and zoning districts in which the property is located.
(q)
Soils report, fire department approval, structural plan check, City
permits, and inspections are required for construction. These
processes will ensure that the finished project will not be detrimental
to the public health, safety, or welfare, or materially injurious to the
properties or improvements in the vicinity.
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that this project is Categorically Exempt in
accordance to the California Environmental Quality Act (CEQA),
Section 15303(a).
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5. Based upon the findings and conclusions set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, floor plans,
elevations, roof plan, grading plan, landscape plan, and sections,
collectively labeled as Exhibit "A" dated May 10, 2005, as submitted
to, amended, and approved by the Planning Commission.
(b) An exterior arched decorative trim detail shall be added at the
garages facing Broken Twig Road. Staff will work with the architect to
design a detail consistent with that found at the rear of the two car
garage less a window.
(c) The low seat wall in the right-of-way of Broken Twig Road shall be
removed.
(d) The subject site shall be maintained in a condition that is free of
debris both during and after the construction, addition, or
implementation of the entitlement approved herein. The removal of all
trash, debris, and refuse, whether during or subsequent to
construction, shall be done only by the property owner, applicant or by
duly permitted waste contractor, who has been authorized by the City
to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar
to provide such services.
(e) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. This fencing shall
remain until the Building Official approves its removal.
(f)
(g)
The Applicant shall provide temporary sanitation facilities while under
construction.
Prior to issuance of any permits, the Applicant shall submit proof that
the building design is approved by the Country Estates Homeowners
Association Architectural Committee.
(h) Prior to Grading or Building Permit issuance, a demolition permit and
South Coast Air Quality Management District Permit shall be
obtained, and the pool shall be drained.
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ENGINEERING/BUILDING AND SAFETY
G)
Prior to Grading Plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California shall be
submitted for approval by the City.
Grading Plan shall be prepared by a Civil Engineer, licensed by the
State of California, for approval by the City. The Grading Plan shall
be prepared in accordance with the City's Requirements for Grading
Plan Check requirements. All grading (Cut and fill) calculations shall
be submitted to the City concurrently with. the grading plan.
(k) All easements and flood hazard areas shall be clearly identified on the
grading plan.
(I) The Grading Plan shall show the location of any retaining walls and
the elevations of the top of wall/footing/retaining and the finished
grade on both sides of the retaining wall. Construction details for
retaining walls shall be shown on the Grading Plan.
(m)
Retaining wall plan check and calculations shall be reviewed and
approved by the Building and Safety Division prior to permit issuance
by the Building and Safety Division.
(n) An erosion control plan shall be submitted and erosion control
measures shall be in place for construction starting after October 1st
through April 15th. The erosion control plan shall conform to national
Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's).
(o) If required by the City Engineer, the applicant shall comply with
Standard Urban Storm Water Mitigation Plan (SUSMP) requirements
to the satisfaction of the City Engineer.
(p)
(q)
All drainage/runoff from the development shall be conveyed from the
site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels, unless that is the natural drainage
course. Permission must be obtained from adjacent property owners
if proposed drainage flows into their property.
Finished slopes shall conform to City Code Section 22.22.080-
Grading.
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(r) Prior to the issuance of Building Permits, a pre-construction meeting
must be held at the project site with the grading contractor, applicant,
and city grading inspector at least 48 hours prior to commencing
grading operations.
(s) Rough grade certifications by project soils engineer shall be submitted
prior to issuance of building permits for the foundation of the home
structure. Retaining wall permits are not issued without a rough grade
certificate.
(t) Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works/Engineering Division prior to the
issuance of any final inspections/certificate of occupancy,
respectively.
(u) The Applicant shall verify the existing swimming pool and the existing
retaining walls' suitability to withstand surcharges imposed by the new
structures.
(v) Applicant shall verify that the project site is currently connected to the
public sewer system and impacts on the sewage capacity as a result
of the proposed structure shall be approved. Applicant shall verify
availability to and make application for connection to the sewer with
the Los Angeles County Department of Public Works and/or the
Sanitation District prior to the issuance of any City construction permit.
(w)
Applicant shall submit an application to the Walnut Valley Water
District for Fire Flow and submit their approval to the Building and
Safety Division prior to the issuance of building permits.
(x) Indicate grade elevations on all building elevations.
(y) Site, driveway grade, and house design shall be approved by the Fire
Department. The maximum slope is 15% in accordance to the Public
Works Division.
(z) Applicant shall submit drawings and calculations prepared by a
licensed Architect/Engineer with wet stamp and signature.
(aa) The single family structure shall meet the 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code requirements.
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(bb) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(cc) The single family structure requires Fire Department approval and is
located in "Fire Zone 4" and shall meet the following requirements of
that fire zone:
1. All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire;
2. All enclosed under -floor areas shall be constructed as exterior
walls;
3. All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than '/4 inch nor more than '/2 inch in any dimension except
where such openings are equipped with sash or door;
4. Chimneys shall have spark arresters of maximum '/2 inch
screen.
(dd) This single family structure shall meet the State Energy Conservation
Standards.
(ee) Due to the site's topography, applicant shall comply with special
design requirements as specified in the 2001 California Building
Code, Section 1806.4.2, building setback, top and toe of slopes.
(ff)
All sleeping rooms shall have windows that comply with egress
requirements.
(gg) All balconies shall be designed for40 pound per square foot live load.
(hh) Hand rails and guardrails shall be designed for 20 -pound load applied
laterally at the top of the rail.
(ii) Smoke detectors shall be provided in conformance with the 2001
California Building Code.
Gi)
Application shall provide window and door schedule for Building and
Safety plan check.
PLANNING DIVISION
(kk) A final landscape plan shall be submitted to the Planning Division for
review and approval prior to the issuance of a Building Permit. The
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plans shall include trees and shrubs, in addition to those shown on
the preliminary landscape plan, to soften the retaining walls at the
side and rear yards of the pad and include the location of the three 24
inch box replacement Schinus Molle, California Pepper as conditioned
below.
(II) The applicant shall replace the removal of one Schinus Molle,
California Pepper, tree with three (3) Schinus Molle, California
Pepper, 24 inch box, and protect and preserve the oak tree and the
walnut tree on site. A certified arborist shall supervise the
preservation and the oak and walnut trees and shall comply with the
Section 22.38.140 Tree Protection Requirements. The revised
landscape plans shall reflect the location and planting of trees.
(mm) All landscaping/irrigation shall be installed prior to the Planning
Division's final inspection including the protected/preserved trees. Any
walls, gates, fountains, etc. that may be proposed within the front
setback shall not encroach into street's dedicated easement or
exceed a maximum 42 inches in height.
(nn) Maximum height of the residence shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline. The 35 feet includes the chimneys. At roof sheathing
inspection, the Applicant shall have a licensed engineer certify that
the height of the residential structure meets this requirement and
submit it to the Building and Safety Division for review and approval.
(oo) The single family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
setting of the residential site to levels of dust, glare/light, noise, odor,
traffic, or other disturbances to the existing residential neighborhood
and shall not result in significantly adverse effects on public services
and resources. The single family residence shall not be used for
commercial/institutional purposes, or otherwise used as a separate
dwelling. The property shall not be used for regular gatherings which
result in a nuisance or which create traffic and parking problems in the
neighborhood.
(pp)
The applicant shall complete and record a "Covenant and Agreement
to Maintain a Single Family Residence With Guest House" on a form
to be provided by the City. The covenant must be completed and
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(qq)
recorded with the Los Angeles County's Recorder's Office prior to the
issuance of a building permit.
The Applicant shall comply with the requirements of the Fire
Department and City Planning, Building and Safety, and Public Works
Divisions.
(rr) This approval is valid for two (2) years and shall be exercised
(i.e., construction) within that period or this approval shall expire. A
one -(1) year extension may be approved when submitted to the City
in writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Municipal Code.
(ss) This approval 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 approval, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware and agree to accept all the
conditions of this approval. Further, this approval shall not be effective
until the permittee pays remaining City processing fees.
(tt) 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 approval, a
cashier's check of $25.00 for a documentary handling fee in
connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to Li Chun Chiu and Wen-Chiao Chiu, 2305 Alamo Heights, Diamond
Bar, CA 91765, and Peter Fung, 1227 W. Valley Boulevard, # 112,
Alhambra, CA 91803.
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APPROVED AND ADOPTED THIS 10th DAY OF MAY 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: 1 t I/C
Joe McManus, Chairman
I, James DeStOano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution wigs duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of May 2005, by the following vote:
AYES: Commissioner: Tye, Tanaka, Nolan, V/C Low, Chair/McManus
NOES: Commissioner: None.
ABSENT: Commissioner: None.
ABSTAIN: Commissioner:
ATTEST:
None.
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