HomeMy WebLinkAboutPC 2005-27PLANNING COMMISSION
RESOLUTION NO. 2005-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2005-19, MINOR VARIANCE NO. 2005-05, MINOR CONDITIONAL
USE PERMIT NO. 2005-05, TREE PERMIT NO. 2005-11 AND
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A
THREE STORY SINGLE-FAMILY RESIDENCE WITH ATHREE CAR
GARAGE, BALCONIES AND DECK TOTALING TO
APPROXIMATELY 7,100 SQUARE FEET AND RETAINING WALLS
IN THE FRONT, REAR, AND SIDE YARDS WITH A MAXIMUM
EIGHT FOOT EXPOSED HEIGHT. THE REQUEST ALSO
INCLUDES THE FOLLOWING: A MINOR VARIANCE FOR A 20
PERCENT REDUCTION IN THE FRONT YARD SETBACK; A
MINOR CONDITIONAL USE PERMIT FOR A DRIVEWAY WIDER
THAN 14 FEET AT THE STREET PROPERTY LINE; AND A TREE
PERMIT TO REMOVE, REPLACE AND PROTECT WALNUT
TREES. THE PRO 2EC T 2
141 TRACT O 30091)DIAMOND Y
SPUR
ROAD (LOT BAR,
CALIFORNIA.
A. REC_ ITALS.
1. The property owner, Mr. and Mrs. Saeid Shantiyai has filed an application or
Development Review No. 2005-19, Minor Variance 2005-05,
Minor
Conditional Use Permit No. 2005-05, Tree Permit No. 2005-11 and
categorical exemption for a property located at 2141 Rusty Spur Road,
Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution,
the subject Development Review and categorical exemption shall be referred
to as the "Application."
2. On June 16, 2005, notification of the public hearing for this project was
provided in the San Gabriei Valle Tribune and Inland Valle DailBulletin
newspapers. On June 11, 2005, public hearing notices were mailed to
approximately 40 property owners within a 700 -foot radius of the project site
and the public notice was posted in three public places. Furthermore, on
June 15, 2005, the project site was posted with a display board.
3. On June 28, 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. 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(x) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a site located at 2141 Rusty Spur Road (Lot
112, Tract No. 30091). The project site is rectangular shaped and
descending in elevation toward the rear property line. According to
the tract map, the project site is approximately 2.40 gross acres
(104,544 gross square feet). The tract map indicates a flood hazard
and restricted use area within the rear portion of the project site which
begins approximately 165 feet from the front property line. The
proposed development is not within the flood hazard or restricted use
areas.
(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 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural
Residential (RR) Maximum 1 DU/Acre Zone.
(d) Generally, the following zone surrounds the project site: to the north,
south east and west of the project site is the R-1-40,000 zone.
2
(e) The Application request is for approval to construct a three story
single-family residence with a three -car garage, balconies and deck
totaling to approximately 7,100 square feet and retaining walls within
the front, rear and side yards not to exceed an exposed height of
eight feet. The request also includes the following: A Minor Variance
for a 20 percent reduction in the front yard setback;
a Minor
Conditional Use Permit for a driveway wider than 14 feet at the street
property line; and a Tree Permit to remove, replace and protect
walnut trees.
Develo ment 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,
designguidelines,
real, s specific plans, community plans, boulevards or planned
theme areas, sp p
developments).
The project site is an existing vacant infill lot planned for residential
development and subdivided prior to the City's incorporation. The
proposed project as conditioned is consistent with the General Plan
adopted on July 25, 1995 in that it will maintain the integrity and not
degrade this residential area. Furthermore, it complies with the
General Plan land use designation and density of RR -Maximum 1
DU/AC since the project site is 2.40 gross square feet.
The proposed project, as conditioned within this resolution, will
maintain the required: height for a residential structure; side and rear
yard setbacks; lot coverage; and wall heights. Retaining walls will not
exceed an exposed height of eight feet in the rear and side yards and
an exposed height of 42 inches in the front setback as permitted by
the Development Code.
The proposed project is consistent with the City's Design Guidelines
related to maintaining the integrity of residential neighborhoods and
open space. The proposed architectural style (Mediterranean) and
colors (earth tone) are compatible with other residences in the
surrounding neighborhood. The proposed residence is consistent in
size with other homes surrounding the project site.
(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 (0, the proposed project is a single-
family residence, consistent with other single family residences
established and recently approved within this neighborhood. The
project site is large enough to accommodate the proposed project.
As such, the proposed residence is not expected to interfere with the
3
(h)
use and enjoyment of neighboring existing or future development.
The proposed residence is not expected to create traffic orpedestrian
hazards due to that fact that the use was planned with the tract's
original approved subdivision. Additionally, Rusty Spur Road is a
private street within tionhe County Estates"$ maintained and adequately serves the project s by the
homeowners' association r'fe (an
existing vacant infill lot) and the existing neighborhood.
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 RevieYStandditDesiplagn
Guidelines, the City's General Plan, or an app' able specific
The proposed project's architectural style (as referred to in the
application) is Mediterranean and one story at the street level.
Architectural features such as columns that flank the arched front
entry, keystones above windows and doors, window arrangement and
style, varying st elsand and peas the massive appearance of he propnes on the front, rear and side osed
ons
creates interest a
residence.
A variety of building materials in earth tone colors are proposed as
follows:
Roof Concrete tile, US Tile — two piece mission tile, De Anza
Blend, terra cotta/tan
Stucco Frazee #7781W— Enchilada dark cream
Columns Frazee 4477791A/— Pale Adobe
Garage door Amarr, steel, Classica Collection Tuscany (carriage house)
Whrfe
Trim Frazee #7783M —Toasted Tan
Windows Aluminum, white
Stone veneer accent Eldora do Stone — Santa Barbara Coursed Stone (varying
shades of tan
The proposed architectural style and colors and size of the proposed
residence are consistent with other homes surrounding the project
site as well as within "The Country Estates". The applicant is working
with "The Country Estates" Architectural Committee for its approval.
(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 (t) through (h), the proposed
project will provide a desirable environment for its occupants and
visiting public as well as its neighbors through good aesthetic use of
4
at
materials, texture and cooland tewill
xture related to sfucaesthetically
co and stone
appealing
while offering variety nor
accent and a low level of maintenance.
U) The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., the affect
on
or
property values or resale(s) of property)properties
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 Buildingand ury DTheefere
1Onced agencic Works ies Des ion, and Fire
through the
Department reqiemenfs
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 QualityAct
(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.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
Planning Division
(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 .lune
28, 2005, 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 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 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
k
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 land scapelirrigation plan forthe City's review and approval. Said
plan shall delineate species, location, size and quantity of all plant
material. Landscaping for the rear slope shall include larger size
shrubs and trees (varying in size with minimum five gallon) and vines
to reduce the impact of the rear walls as viewed from other properties.
Also, it is required that all replacement walnut trees (12 walnut trees
at — 24 inch boxed size) be plotted on the final landscape plan for
Planning Division review and approval prior to the issuance of any
City permits. Furthermore, the final landscape plan shall delineate
that 50 percent of the front yard will be landscaped with plant material.
All landscaping and irrigation shall be installed prior the final
inspection and Certificate of Occupancy
(d) Retaining walls within the rear and side yards shall not exceed an
exposed height of eight feet as delineated in Exhibit "A". Retaining
wails/walls within the front yard setback shall not exceed an exposed
height of 42 inches. Rear retaining wall shall be decorative block and
earth tone in color.
(e) The single-family residence shall not be used in a manner
hat
creates adverse effects (i.e., significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood and
environmental setting. Additionally, the single-family residence shall
not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the
neighborhood.
(f) The owner shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by the
City. The covenant must be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of any City
permit.
Buildinand SafetDivision
(g) Prior to construction, the applicant shall install temporary construction
fencing along the project perimeter pursuant to the Building and
Safety Division's requirements.
(h) Residential structure shall be designed to meet Section 18 of the
Building Code (building setback from top of slope h13). Additionally, a
geotechnical report shall address this design requirement.
6
(i) Residential structure shall be plan check as three stories.
(j) Plans shall conform to State and Local Building Code (i.e., 2001
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 2001 National Electrical Code) requirements.
(k) Footings shall be designed for expansive soil.
(I) All retaining walls shall be approved by the Building and Safety
Division.
(m) The proposed single-family residence is located within "high fire zone"
and shall meet all requirements of said zone.
(1) All roof cedrta sle f le
fire stopped ahe shall
to preclude entry of theflame or
members under the fire.
(2) All unenclosed under -floor areas shall be constructed as
exterior walls.
the attic, fl
(3) openings into floor and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/4 inch or more than 1/2 inch in dimension except where
such openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch
screen.
(n) Construction plans shall be engineered to meet wind loads of 80
M.P.H. with a "C" exposure.
(o) The residence shall be plan checked as a three story home and shall
require a second exist from the third story.
(p) The proposed residence shall comply with the State Energy
Conservation Standards.
(q) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(r) On a revised site plan, the applicant shall delineate the location of the
balcony.
Public Works Division
(s) Prior to building
check, technical report /
be submitted
by a Geoeccal En9ineer, licensed by the State of California, for
approval by the City.
7
(t) Upon approval of the Geotechnical Report, the applicant shall submit
a drainage and grading plan prepared by a Civil Engineer, licensed by
the State of California, for approval by the City.
(u) Prior to the issuance of any City permits, the applicant shall submit a
grading pian, prepared by a civil engineer, licensed by the State of
California, in accordance with the City's grading re The The plairements n
the correct title block format for the City's approval.
shall delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Delineate the location of all retaining walls; and
(5) 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.
(v) Retaining wall calculations shall be submitted to the Building and
Safety
Division for approval with the grading plan.
(w) The applicant shall provide service connection for water, sewer, gas,
electric, etc.
(x) Upon approval of the geotechnical report, the applicant shall submit
an erosion control plan concurrently with the grading plan clearly
's review and
delineating erosion control u es shall beUmplement d dures for the ring approval. These meas ng construction
between October 15 and April 15. The erosion control plan shall
conform to National Pollutant Discharge Elimination System (NPDES)
standards and incorporate the appropriate Best Management
Practices (BMP's) dtheg and after construction. necessary a sary NPDES pe mits.dditionally, the
applicant shall obtain
(y) Applicant shall comply with Standard Urban Storm Water Mitigation
Plan (SUSMP) requirements to the satisfaction of the City engineer.
Best Management Practices (BMP's) are required to be incorporated
into the project plans for both construction and post construction
activities. BMP's are detailed in the latest edition of the California
Storm Water Best Management Practices Handbook or BMP's Fact
Sheets can be obtained through the Public Works Division.
(z) All drainagelrunoff from the subject property shall be conveyed from
the site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels. Prior to the issuance of any City
permits, the applicant shall submit a hydrology study for the City's
review and approval.
3
(aa) Prior to the issuance of any City permits, the applicant shall submit
calculations for the proposed rip -rap on the grading plan for City
review and approval.
evelopment
(bb) Finished slopes shall conform to indicating that the maximumDallowed hall be 21
Section 22.22.080 g
(cc) Prior to the issuance of a building permit, a pre -construction meeting
shall be held t the project site with grading contractor, app
City grading inspector at least 48 hours prior to commencing grading
operations.
(dd) Rough grading certification by te to issuance of buildi project
permits for engineer
thefoundation be
submitted prior n of
the residential structure.
(ee) Final grade certification by the project soils and civil engineers shall
be submitted to the Public Work Division prior to the any final
inspections/certificate of occupancy.
(ff) This approval is valid for two years and shall be exercised
(Le., construction started) within that period or this approval shall
expire. A one-year extension of time may be approved when
submitted to the City in writing at least 60 days prior to the expiration
date. The Planning Commission will consider the extension request
at a duly noticed public hearing in accordance with Chapter 22.72 of
the City of Diamond Bar Development Code.
(gg) This approval shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) has
filed, within fifteen (30) days of this project's approval, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware of and agree to accept all the
conditions of this approval. Further, this approval shall not be
effective until the permittee pays remaining City processing fees,
school fees and fees for the review of submitted reports.
(hh) if the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Mr. and Mrs. Saeid Shantiyai, 1250 Valley View Avenue,
Pasadena, CA 91107.
APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND AR.
\��us,
W 1BY: `JoeMrman
1, James1Stefano, 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 28th
day of .lune 2005, by the following vote:
AYES: Commissioners: Nolan, VC/Low, Tye, Chair McManus
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: None.
ATTEST:
no, Secretary
10
PLANNING COMMISSION
RESOLUTION NO. 2005-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2005-19, MINOR VARIANCE NO. 2005-05, MINOR CONDITIONAL
USE PERMIT NO. 2005-05, TREE PERMIT NO. 2005-11 AND
CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A
THREE STORY SINGLE-FAMILY RESIDENCE WITH A THREE CAR
GARAGE, BALCONIES AND DECK TOTALING TO
APPROXIMATELY 7,100 SQUARE FEET AND RETAINING WALLS
IN THE FRONT, REAR, AND SIDE YARDS WITH A MAXIMUM
EIGHT FOOT EXPOSED HEIGHT. THE REQUEST ALSO
INCLUDES THE FOLLOWING: A MINOR VARIANCE FOR A 20
PERCENT REDUCTION IN THE FRONT YARD SETBACK; A
MINOR CONDITIONAL USE PERMIT FOR A DRIVEWAY WIDER
THAN 14 FEET AT THE STREET PROPERTY LINE; AND A TREE
PERMIT TO REMOVE, REPLACE AND PROTECT WALNUT
TREES. THE PROJECT SITE IS LOCATED AT 2141 RUSTY SPUR
ROAD (LOT 112, TRACT NO. 30091), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1 The property owner, Mr. and Mrs. Saeid Shantiyai has filed an application or
Development Review No. 2005-19, Minor Variance 2005-05, Minor
Conditional Use Permit No. 2005-05, Tree Permit No. 2005-11 and
categorical exemption for a property located at 2141 Rusty Spur Road,
Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution,
the subject Development Review and categorical exemption shall be referred
to as the "Application."
On June 16, 2005, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. On June 11, 2005, public hearing notices were mailed to
approximately 40 property owners within a 700 -foot radius of the project site
and the public notice was posted in three public places. Furthermore, on
June 15, 2005, the project site was posted with a display board.
3. On June 28, 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. 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 conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a site located at 2141 Rusty Spur Road (Lot
112, Tract No. 30091). The project site is rectangular shaped and
descending in elevation toward the rear property line. According to
the tract map, the project site is approximately 2.40 gross acres
(104,544 gross square feet). The tract map indicates a flood hazard
and restricted use area within the rear portion of the project site which
begins approximately 165 feet from the front property line. The
proposed development is not within the flood hazard or restricted use
areas.
(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 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural
Residential (RR) Maximum 1 DU/Acre Zone.
(d) Generally, the following zone surrounds the project site: to the north,
south east and west of the project site is the R-1-40,000 zone.
2
(e) The Application request is for approval to construct a three story
single-family residence with a three -car garage, balconies and deck
totaling to approximately 7,100 square feet and retaining walls within
the front, rear and side yards not to exceed an exposed height of
eight feet. The request also includes the following: A Minor Variance
for a 20 percent reduction in the front yard setback; a Minor
Conditional Use Permit for a driveway wider than 14 feet at the street
property line; and a Tree Permit to remove, replace and protect
walnut trees.
Development Review
(0
(9)
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 an existing vacant in fill lot planned for residential
development and subdivided prior to the City's incorporation. The
proposed project as conditioned is consistent with the General Plan
adopted on July 25, 1995 in that it will maintain the integrity and not
degrade this residential area. Furthermore, it complies with the
General Plan land use designation and density of RR -Maximum 1
DU/AC since the project site is 2.40 gross square feet.
The proposed project, as conditioned within this resolution, will
maintain the required: height for a residential structure; side and rear
yard setbacks; lot coverage; and wall heights. Retaining walls will not
exceed an exposed height of eight feet in the rear and side yards and
an exposed height of 42 inches in the front setback as permitted by
the Development Code.
The proposed project is consistent with the City's Design Guidelines
related to maintaining the integrity of residential neighborhoods and
open space. The proposed architectural style (Mediterranean) and
colors (earth tone) are compatible with other residences in the
surrounding neighborhood. The proposed residence is consistent in
size with other homes surrounding the project 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.
As referenced above in Finding (f), the proposed project is a single-
family residence, consistent with other single family residences
established and recently approved within this neighborhood. The
project site is large enough to accommodate the proposed project.
As such, the proposed residence is not expected to interfere with the
3
use and enjoyment of neighboring existing or future development.
The proposed residence is not expected to create traffic orpedestrian
hazards due to that fact that the use was planned with the tract's
original approved subdivision. Additionally, Rusty Spur Road is a
private street within 'The County Estates'; maintained by the
homeowners' association and adequately serves the project site (an
existing vacant in fill lot) and the existing neighborhood.
(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.
(i)
The proposed project's architectural style (as referred to in the
application) is Mediterranean and one story at the street level.
Architectural features such as columns that flank the arched front
entry, keystones above windows and doors, window arrangement and
style, varying levels and planes on the front, rear and side elevations
creates interest and reduces the massive appearance of the proposed
residence.
A variety of building materials in earth tone colors are proposed as
follows:
Roof Concrete tile, US Tile - two piece mission tile, De Anza
Blend, (terra cotta/tan
Stucco Frazee #7781 W - Enchilada (dark cream)
Columns Frazee #7772W - Pale Adobe
Garage door Amarr, steel, Classica Collection Tuscany (carriage house)
White
Trim Frazee #7783M - Toasted Tan
Windows Aluminum, (white)
Stone veneer accent Eldora do Stone - Santa Barbara Coursed Stone (varying
shades of tan)
The proposed architectural style and colors and size of the proposed
residence are consistent with other homes surrounding the project
site as well as within "The Country Estates" The applicant is working
with 'The Country Estates"Architectural Committee for its approval.
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 a desirable environment for its occupants and
visiting public as well as its neighbors through good aesthetic use of
4
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.
a)
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 QualityAct
(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.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
Planning Division
(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 June
28, 2005, 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 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 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
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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 species, location, size and quantity of all plant
material. Landscaping for the rear slope shall include larger size
shrubs and trees (varying in size with minimum five gallon) and vines
to reduce the impact of the rear walls as viewed from other properties.
Also, it is required that all replacement walnut trees (12 walnut trees
at - 24 inch boxed size) be plotted on the final landscape plan for
Planning Division review and approval prior to the issuance of any
City permits. Furthermore, the final landscape plan shall delineate
that 50 percent of the front yard will be landscaped with plant material.
All landscaping and irrigation shall be installed prior the final
inspection and Certificate of Occupancy
(d) Retaining walls within the rear and side yards shall not exceed an
exposed height of eight feet as delineated in Exhibit "A". Retaining
walls/walls within the front yard setback shall not exceed an exposed
height of 42 inches. Rear retaining wall shall be decorative block and
earth tone in color.
(e) The single-family residence shall not be used in a manner that
creates adverse effects (i.e., significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood and
environmental setting. Additionally, the single-family residence shall
not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the
neighborhood.
M
The owner shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by the
City. The covenant must be completed and recorded with the Los
Angeles County's Recorder's Office prior to the issuance of any City
permit.
Building and Safety Division
(g)
Prior to construction, the applicant shall install temporary construction
fencing along the project perimeter pursuant to the Building and
Safety Division's requirements.
(h) Residential structure shall be designed to meet Section 18 of the
Building Code (building setback from top of slope h/3). Additionally, a
geotechnical report shall address this design requirement.
I
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(i)
U)
Residential structure shall be plan check as three stories.
Plans shall conform to State and Local Building Code (i.e., 2001
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 2001 National Electrical Code) requirements.
(k) Footings shall be designed for expansive soil.
(I) All retaining walls shall be approved by the Building and Safety
Division.
(m) The proposed single-family 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 under the fire.
(2) All unenclosed under-floor areas shall be constructed as
exterior walls.
(3) All openings into the attic, floor and/or other enclosed areas
shall be covered with corrosion-resistant wire mesh not less
than 1 /4 inch or more than 1/2 inch in dimension except where
such openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch
screen.
(n) Construction plans shall be engineered to meet wind loads of 80
M.P.H. with a "C" exposure.
(o) The residence shall be plan checked as a three story home and shall
require a second exist from the third story.
(p)
(q)
The proposed residence shall comply with the State Energy
Conservation Standards.
Surface water shall drain away from the proposed residence at a two-
percent minimum slope.
(r) On a revised site plan, the applicant shall delineate the location of the
balcony.
Public Works Division
(s) Prior to building plan check, a geotechnical report shall be submitted
by a Geotechnical Engineer, licensed by the State of California, for
approval by the City.
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{t) Upon approval of the Geotechnical Report, the applicant shall submit
a drainage and grading plan prepared by a Civil Engineer, licensed by
the State of California, for approval by the City.
(u) Prior to the issuance of any City permits, the applicant shall submit a
grading plan, prepared by a civil engineer, licensed by the State of
California, in accordance with the City's grading requirements using
the correct title block format for the City's approval. The grading plan
shall delineate the following:
(1)
(2)
(3)
(4)
(5)
Cut and fill quantities with calculations;
Existing and proposed topography;
Flow lines and drainage/drainage outlets;
Delineate the location of all retaining walls; and
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.
(v) Retaining wall calculations shall be submitted to the Building and
Safety
Division for approval with the grading plan.
(w)
The applicant shall provide service connection for water, sewer, gas,
electric, etc.
(x) Upon approval of the geotechnical report, the applicant shall submit
an erosion control plan concurrently with the grading plan clearly
delineating erosion control measures for the City's review and
approval. These measures shall be implemented during construction
between October 15 and April 15. The erosion control plan shall
conform to National Pollutant Discharge Elimination System (NPDES)
standards and incorporate the appropriate Best Management
Practices (BMP's) during and after construction. Additionally, the
applicant shall obtain the necessary NPDES permits.
(Y)
(Z)
Applicant shall comply with Standard Urban Storm Water Mitigation
Plan (SUSMP) requirements to the satisfaction of the City engineer.
Best Management Practices (BMP's) are required to be incorporated
into the project plans for both construction and post construction
activities. BMP's are detailed in the latest edition of the California
Storm Water Best Management Practices Handbook or BMP's Fact
Sheets can be obtained through the Public Works Division.
All drainage/runoff from the subject property shall be conveyed from
the site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels. Prior to the issuance of any City
permits, the applicant shall submit a hydrology study for the City's
review and approval.
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(aa) Prior to the issuance of any City permits, the applicant shall submit
calculations for the proposed rip -rap on the grading plan for City
review and approval.
(bb) Finished slopes shall conform to Development Code
Section 22.22.080 indicating that the maximum allowed shall be 2:1.
(cc) Prior to the issuance of a building permit, a pre -construction meeting
shall be held at the project site with grading contractor, applicant, and
City grading inspector at least 48 hours prior to commencing grading
operations.
(dd) Rough grading certification by the project soils engineer shall be
submitted prior to issuance of building permits for the foundation of
the residential structure.
(ee) Final grade certification by the project soils and civil engineers shall
be submitted to the Public Work Division prior to the any final
inspections/certificate of occupancy.
(ff)
(99)
This approval is valid for two years and shall be exercised
(i.e., construction started) within that period or this approval shall
expire. A one-year extension of time may be approved when
submitted to the City in writing at least 60 days prior to the expiration
date. The Planning Commission will consider the extension request
at a duly noticed public hearing in accordance with Chapter 22.72 of
the City of Diamond Bar Development Code.
This approval shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) has
filed, within fifteen (30) days of this project's approval, at the City of
Diamond Bar Community and Development Services Department,
their affidavit stating that they are aware of and agree to accept all the
conditions of this approval. Further, this approval shall not be
effective until the permittee pays remaining City processing fees,
school fees and fees for the review of submitted reports.
(hh) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
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The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Mr. and Mrs. Saeid Shantiyai, 1250 Valley View Avenue,
Pasadena, CA 91107.
APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
I, James'QbStefano, 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 28th
day of June 2005, by the following vote:
AYES: Commissioners: Nolan, VC/Low, Tye, Chair McManus
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: None.
ATTEST:
36*es De -St
fano, Secretary
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