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HomeMy WebLinkAboutPC 2005-41PLANNING COMMISSION RESOLUTION NO. 200541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-11 (1) AND CATEGORICAL EXEMPTION, A REQUEST TO ALTER THE ARCHTECTURAL STYLE OF A PROPOSED SWIMMING POOL ENCLOSURE APPROVED BY THE PLANNING COMMISSION ON JULY 13, 2004. THE PROJECT SITE IS LOCATED AT 2834 WAGON TRAIN LANE (LOT 73, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Li Zhao, has filed an application for Development Review No. 2004-11(1) and categorical exemption for a property located at 2834 Wagon Train Lane, Diamond Bar, Los Angeles County, California. in this Retzolluti011, thy: sutject Development Revi .', • -nd categorical exemption shall be referred to as the "Application." 2. On November 29, 2005, public hearing notices were mailed to approximately 51 property owners within a 500 -foot radius of the project site, the project site was posted with a display board and the public notice was posted in three public places. On December 1, 2005, notification of the public hearing for this project was provided in the San Gabriel Valles Tribune and Inland Valle Daily Bulletin newspapers. 3. On December 13, 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: 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 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. The project site is located at 2834 Wagon Train lane (Lot 73, Tract No. 30578) within a gated community identified as "The Country Estates". The project site is fairly rectangular in shape with an ascending slope at the private street frontage, which at approximately mid -lot begins a descending slope tov',?rds the rear (east) property line. According to the Tract map, the project site is approximately 1.08 gross acres (47,044 square feet). Currently, a single-family residence is under construction that was approved by the Planning Commission on July 13, 2004. b. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. C. The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. d. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-20,000 Zone. e. The Application request is to to alter the architectural style of the proposed swimming pool enclosure approved by the Planning Commission on July 13, 2004. Development Review f. 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 is vacant parcel sited for the developed single-family residence located in `The County Estates,, On July 13, 2004, the Planning Commission approved the construction of a single-family residence with a swimming pool enclosure, tennis court and retaining walls. The project is currently under construction. In the approved Planning Commission Resolution No. 2004-26 it was concluded that the proposed project's design and layout 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). At this time, the applicant is requesting to alter the approved architectural style of the approved swimming pool enclosure. 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. The project's architectural style is Medrierranean. The construction materials for the swimming pool enclosure was approved as wood framed walls with stucco, French doors, columns, retractable skylights and a portion (approximately 12 feet) of the roof constructed from tile. The applicant now proposes to construct the pool enclosure from insulated vinyl glass walls with four retractable skylights that are remote controlled. The applicant would like to change the construction material for the enclosed to avoid dry wrought and termite damage which has occurred to the pool enclosure at his current home. The pool enclosure will be located in the rear yard between the residence and the tennis court. The enclosure and tennis court will both be constructed on a pad with an elevation of 1070. With the eight to ten foot high fencing for the tennis court, the enclosure will be approximately five to seven feet higher than the tennis court fencing. The tennis court fencing will block part of the view of the pool enclosure. Additionally, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) have been approved in the past in `The Country Estates' and in other areas of Diamond Bar. Furthermore, the change in construction material of the Pool enclosure does not change the location, setbacks or height as originally approved by the Planning Commission. 3 h. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. As explained in Finding (g) above, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) have been approved in the past in "The Country Estates'and in other areas of Diamond Bar. it is a non-descript style that can be compatible with any architectural style. The enclosure is insulated vinyl glass walls with white mullions and four retractable skylights that are remote controlled. As such, the style/design of the proposed swimming pool enclosure is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific for this area. The design of the proposed development :..gill 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. As stated above in Findings (g) and (h), the design of the proposed swimming pool enclosure 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. It will require low maintenance and will maintain its looks for many years to come; thereby remaining aesthetically appealing. The white color mullions between the windows will match the stucco color approved by the Commission for the residence. j. 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. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. k. 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), Article 19, Section 15303(e) (New Construction/Accessory Structure). 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: a. The project shall substantially conform to site plan, floor plans, elevations, and landscape/irrigation plan collectively labeled as Exhif'V"A" as presented to the Planning Commission on December 13, 2005, 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, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. C, Within 14 days of the approval of this grant, the applicant shall submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the Planning Division as conditioned in Planning Commission Resolution No. 2004-26. Additionally, landscape/ irrigation plan shall include the addition of plant material to screen the Pool enclosure to the satisfaction of the Planning Division. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 5 d. All conditions of approval set forth in Planning Commission No. 2004-26 except as amended herein shall remain in full force and effect. e. Applicant shall comply with all Planning Division, Building and Safety Division and Public Works/Engineer Department requirement. In accordance with the Department of Fish and Game Section 711.4, the applicant shall remit to the City, within five days of this grant's approval, a cashier's check in the amount of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. g. This entitlement is valid for two2 ()years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with ChaptQt 22.72 of the City of Diamond Bar Development Code. h. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Li Zhao, 1066 Ironhorse Court, Walnut, CA 91789 APPROVED AND ADOPTED THIS THE 13TH DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 1, Nancy l=ong, Planning Commission Secretary, do hereby certify that the foregoing City of Diamond Bar, at a regular meeting of the Planning Commission held on tResolution was duly introduced, passed, and adopted by the Planning Commission of the December 2005, by the following vote: he 93t" of ATTEST: AYES: Torng, Lee, VC/Low, Chair McManus NOES: None ABSENT: Nolan ABSTAIN: None 7 PLANNING COMMISSION RESOLUTION NO. 2005-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-11 (1) AND CATEGORICAL EXEMPTION, A REQUEST TO ALTER THE ARCHTECTURAL STYLE OF A PROPOSED SWIMMING POOL ENCLOSURE APPROVED BY THE PLANNING COMMISSION ON JULY 13, 2004. THE PROJECT SITE IS LOCATED AT 2834 WAGON TRAIN LANE (LOT 73, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Li Zhao, has filed an application for Development Review No. 2004-11(1) and categorical exemption for a property located at 2834 Wagon Train Lane, Diamond Bar, Los Angeles County, California. in this Re oiut on, the subject Development Reviov; :rd categorical exemption shall be referred to as the "Application." 2. On November 29, 2005, public hearing notices were mailed to approximately 51 property owners within a 500-foot radius of the project site, the project site was posted with a display board and the public notice was posted in three public places. On December 1, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On December 13, 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 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. The project site is located at 2834 Wagon Train lane (Lot 73, Tract No. 30578) within a gated community identified as The Country Estates". The project site is fairly rectangular in shape with an ascending slope at the private street frontage, which at approximately mid-lot begins a descending slope tow2rds the rear (east) property line. According to the Tract map, the project site is approximately 1.08 gross acres (47,044 square feet). Currently, a single -family residence is under construction that was approved by the Planning Commission on July 13, 2004. b. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. c. The project site is within the Single Family Residence-Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. d. Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-20,000 Zone. e. The Application request is to to alter the architectural style of the proposed swimming pool enclosure approved by the Planning Commission on July 13, 2004. Development Review f. 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.) 2 The project site is vacant parcel sited for the developed single-family residence located in 'The County Estates" On July 13, 2004, the Planning Commission approved the construction of a single-family residence with a swimming pool enclosure, tennis court and retaining walls. The project is currently under construction. 9. In the approved Planning Commission Resolution No. 2004-26 it was concluded that the proposed project's design and layout 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). At this time, the applicant is requesting to alter the approved architectural style of the approved swimming pool enclosure. 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's architectural style is Mediterranean. The construction materials for the swimming pool enclosure was approved as wood framed walls with stucco, French doors, columns, retractable skylights and a portion (approximately 12 feet) of the roof constructed from tile. The applicant now proposes to construct the pool enclosure from insulated vinyl glass walls with four retractable skylights that are remote controlled. The applicant would like to change the construction material for the enclosed to avoid dry wrought and termite damage which has occurred to the pool enclosure at his current home. The pool enclosure will be located in the rear yard between the residence and the tennis court. The enclosure and tennis court will both be constructed on a pad with an elevation of 1070. With the eight to ten foot high fencing for the tennis court, the enclosure will be approximately five to seven feet higher than the tennis court fencing. The tennis court fencing will block part of the view of the pool enclosure. Additionally, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) have been approved in the past in 'The Country Estates' and in other areas of Diamond Bar. Furthermore, the change in construction material of the pool enclosure does not change the location, setbacks or height as originally approved by the Planning Commission. 3 h. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. As explained in Finding (g) above, these types of enclosures used as sunrooms (at the first story or deck enclosures at the second story) have been approved in the past in 'The Country Estates' and in other areas of Diamond Bar. It is a non-descript style that can be compatible with any architectural style. The enclosure is insulated vinyl glass walls with white mullions and four retractable skylights that are remote controlled. As such, the style/design of the proposed swimming pool enclosure is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific for this area. i The design of the proposed development 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. As stated above in Findings (g) and (h), the design of the proposed swimming pool enclosure 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. It will require low maintenance and will maintain its looks for many years to come; thereby remaining aesthetically appealing. The white color mullions between the windows will match the stucco color approved by the Commission for the residence. 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. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety 4 or welfare nor will it be 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). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303(e) (New Construction/Accessory Structure). 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: a. The project shall substantially conform to site plan, floor plans, elevations, and landscape/irrigation plan collectively labeled as Exhibit "A" as presented to the Planning Commission on December 13, 2005, 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, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. c. Within 14 days of the approval of this grant, the applicant shall submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the Planning Division as conditioned in Planning Commission Resolution No. 2004-26. Additionally, landscape/ irrigation plan shall include the addition of plant material to screen the pool enclosure to the satisfaction of the Planning Division. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 5 d. All conditions of approval set forth in Planning Commission No. 2004-26 except as amended herein shall remain in full force and effect. 9. e. Applicant shall comply with all Planning Division, Building and Safety Division and Public Works/Engineer Department requirement. f. In accordance with the Department of Fish and Game Section 711.4, the applicant shall remit to the City, within five days of this grant's approval, a cashier's check in the amount of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapt r 22.72 of the City of Diamond Bar Development Code. h. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Li Zhao, 1066 Ironhorse Court, Walnut, CA 91789 APPROVED AND ADOPTED THIS THE 13TH DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: L C e McManus, Chairman 6 I, Nancy Fong, 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 13t" of December 2005, by the following vote: AYES: Torng, Lee, VC/Low, Chair McManus NOES: None ABSENT: Nolan ABSTAIN: None 7