HomeMy WebLinkAboutPC 2009-16PLANNING COMMISSION
RESOLUTION NO. 2009-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING VARIANCE 2009-01 TO
ALLOW A NEW TWO-STORY RESIDENCE TO ENCROACH INTO THE
REQUIRED FRONT YARD SETBACK 10 FEET ON LOT NO.9 OF
TRACT 51169 LOCATED AT 22878 CANYON VIEW DRIVE, DIAMOND
BAR, CA (APN 8713-024-013)
A. RECITALS
The Planning Commission considered an application filed by Masum Azizi,
AIA, on behalf of the property owner, Billy Chung, requesting a variance to
allow a ten (10) foot reduction in the required front setback (from 30 feet to
20 feet) in order to construct a new 10,738 square foot single family
residence on a 43,273 square foot Rural Residential (RR) zoned parcel of
land with a consistent underlying General Plan Land Use designation.
2. The subject property is zoned Rural Residential (RR) and it contains
43,273 square feet (0.99 acres) of gross land area. The property in
question is subject to the Rural Residential (RR) Development Code
Standards.
3. The subject property is legally described as Lot 9 of Tract No. 51169, and
the Assessor's Parcel Number is (APN) 8713-024-013.
4. Public Hearing notification was published in the San Gabriel Valley
Tribune and the Inland Valley Daily Bulletin newspapers and property
owners within a 500 -foot radius of the project site were notified of the
proposed project by mail. Further, a public hearing notice display board
was posted at the site, and the notice was posted at three other locations
within the project vicinity.
5. On July 14, 2009 the Planning Commission approved Development
Review 2007-38 to allow the construction of a two-story 10,738 square
foot single family residence.
6. On July 28, 2009, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
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 has determined the project to be Categorically
Exempt from the provisions of the California Environmental Quality Act
(CEQA) in accordance with the provisions of Article 19 Section 15305(a)
of the CEQA Guidelines (minor alterations in land use limitations). No
further environmental review is required.
VARIANCE FINDINGS
3. Based upon the information contained in the submitted plans, the
associated staff report and testimony given at the public hearing the
Planning Commission hereby finds as follows:
a. There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
conditions), so that the strict application of this development code
denies the property owner privileges enjoyed by other property owners
in the vicinity and under identical zoning districts or creates an
unnecessary, and non -self-created, hardship or unreasonable
regulation which makes it obviously impractical to require compliance
with the development standards.
The subject site was developed as part of Tract Map 51169. The 13
lot map was designed with building pads incorporated into the existing
topography so that they were located on the flattest part of each lot.
This resulted in most of the pads being set back from the street to
accommodate existing slopes and grading, making the required 30 foot
front setback feasible for most of the homes. The subject lot in
question, 22878 Canyon View, has a wide and shallow building pad
located right at the street frontage, with a slope and drainage
easement located over the entire portion of the lot not dedicated to the
building pad. The site is approximately 43,273 square feet in area,
with only 14,585 square feet available for development, resulting in
over 66% of the lot being located within the easement area. The slope
and drainage easement in the rear of the lot limits the ability of the
proposed residence to build into the slope as is common in the RR
zoning district, requiring them to encroach into either the front or rear
setback in order to construct a house that is comparable in size to
those in the immediate area. Additionally, the requested variance will
allow for the design of the residence to have a front elevation that does
not result in a large "box -like" design, but rather a well designed single
family home with varied massing and articulation at the front elevation.
b. Granting the variance is necessary for the preservation and enjoyment
of substantial property rights possessed by other property owners in
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Planning Commission Resolution No 2009-16
the same vicinity and zoning district and denied to the property owner
for which the variance is sought.
The subject site has a building pad area that is approximately 105 feet
deep at the deepest point on the site. This limits the ability of the
property owner to construct a house that is comparable is size and
design as those located in the immediate vicinity and zoning district.
The variance to allow a reduced front yard setback will allow the
property owners to construct a residence that is similar to those
located in the vicinity.
c. Granting the variance is consistent with the general plan and any
applicable specific plan.
The variance is consistent with the general plan as it will allow for the
development of a single family home that is in scale with the
surrounding residences. The site is not located within a specific plan
area.
d. The proposed entitlement would not be detrimental to the public
interest, health, safety and convenience, or welfare of the City.
The requested variance for a new single-family residence is consistent
with the established development pattern for the neighborhood and it
will not negatively impact the public health, safety or general welfare.
4. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
a. Planning Division
(1) Development shall substantially comply with the plans and
documents presented to the Planning Commission at the
public hearing.
(2) The project shall comply with all conditions of approval for
Development Review 2007-38, Planning Commission
Resolution 2009-14, approved on July 14, 2009.
b. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
3
b. Forthwith transmit a certified copy of this Resolution, by certified
mail to the applicant, Masum Azizi AIA, 1470 Jamboree Road,
Suite 200, Newport Beach, CA 92660 and the property owner, Billy
Chung, 17764 La Pasaita Ct., Rowland Heights, CA 91748.
APPROVED AND ADOPTED THIS 28th DAY OF JULY 2009, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Tony g, Chairma
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 28th day of July, 2009, by the following vote:
AYES: Commissioners: Nolan, Shah, Chalr/Torng
NOES: Commissioners: None
ABSENT: Commissioners: Lee, VC/Nelson
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
0
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STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Variance 2009-01
SUBJECT: Reduction of front yard setback requirement
PROPERTY Billy Chung
OWNER: 17764 La Pasaita Ct.
Rowland Heights, CA 91748
APPLICANT: Masum Azizi, AIA
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
LOCATION: 22878 Canyon View Drive, Diamond Bar, CA
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b)(1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers,
agents and employees, from any claim, action, or proceeding to attack,
set-aside, void or annul, the approval of Variance 2009-01 brought within
the time period provided by Government Code Section 66499.37. In the
event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
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Dl-;- rnmmlcainn Resolution No 2009-16
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. The City shall promptly notify the applicant of
any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Variance No. 2009-01, at the City of Diamond Bar
Community Development 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 applicants pay remaining City
processing fees, school fees and fees for the review of submitted reports.
3. All conditions in Resolution No. 2009-14 for Development Review
No. 2007-38 shall be complied with.
End
no
PLANNING COMMISSION RESOLUTION NO. 2009-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING VARIANCE 2009-01
TO ALLOW A NEW TWO-STORY RESIDENCE TO ENCROACH INTO THE REQUIRED FRONT YARD SETBACK 10 FEET ON LOT NO. 9
OF TRACT 51169 LOCATED AT 22878 CANYON VIEW DRIVE, DIAMOND BAR, CA (APN 8713-024-013)
A. RECITALS
1. The Planning Commission considered an application filed by Masum Azizi, AIA, on behalf of the property owner, Billy
Chung, requesting a variance to allow a ten (10) foot reduction in the required front setback (from 30 feet to 20 feet) in order to
construct a new 10,738 square foot single family residence on a 43,273 square foot Rural Residential (RR) zoned parcel of land with
a consistent underlying General Plan Land Use designation.
2. The subject property is zoned Rural Residential (RR) and it contains 43,273 square feet (0.99 acres) of gross land area.
The property in question is subject to the Rural Residential (RR) Development Code Standards.
3. The subject property is legally described as Lot 9 of Tract No. 51169, and the Assessor's Parcel Number is (APN) 8713-
024-013.
4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further,
a public hearing notice display board was posted at the site, and the notice was posted at three other locations within the project
vicinity.
5. On July 14, 2009 the Planning Commission approved Development Review 2007-38 to allow the construction of a two-
story 10,738 square foot single family residence.
On July 28, 2009, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony
from all interested individuals, and concluded said hearing on that date.
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 has determined the project to be Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15305(a) of the CEQA Guidelines (minor
alterations in land use limitations). No further environmental review is required.
VARIANCE FINDINGS
3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the
public hearing the Planning Commission hereby finds as follows:
a. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other
conditions), so that the strict application of this development code denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable
regulation which makes it obviously impractical to require compliance with the development standards.
The subject site was developed as part of Tract Map 51169. The 13 lot map was designed with building pads incorporated into the
existing topography so that they were located on the flattest part of each lot. This resulted in most of the pads being set back from
the street to accommodate existing slopes and grading, making the required 30 foot front setback feasible for most of the homes.
The subject lot in question, 22878 Canyon View, has a wide and shallow building pad located right at the street frontage, with a
slope and drainage easement located over the entire portion of the lot not dedicated to the building pad. The site is approximately
43,273 square feet in area, with only 14,585 square feet available for development, resulting in over 66% of the lot being located
within the easement area. The slope and drainage easement in the rear of the lot limits the ability of the proposed residence to
build into the slope as is common in the RR zoning district, requiring them to encroach into either the front or rear setback in order
to construct a house that is comparable in size to those in the immediate area. Additionally, the requested variance will al/ow for
the design of the residence to have a front elevation that does not result in a large "box -like" design, but rather a well designed
single family home with varied massing and articulation at the front elevation.
b. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property
owners in
2
Planning Commission Resolution No 2009-16
the same vicinity and zoning district and denied to the property owner for which the variance is sought.
The subject site has a building pad area that is approximately 105 feet deep at the deepest point on the site. This limits the ability
of the property owner to construct a house that is comparable is size and design as those located in the immediate vicinity and
zoning district. The variance to allow a reduced front yard setback will allow the property owners to construct a residence that is
similar to those located in the vicinity.
c. Granting the variance is consistent with the general plan and any applicable specific plan.
The variance is consistent with the general plan as it will al/ow for the development of a single family home that is in scale with the
surrounding residences. The site is not located within a specific plan area.
d. The proposed entitlement would not be detrimental to the public interest, health, safety and convenience, or welfare of the City.
The requested variance for a new single-family residence is consistent with the established development pattern for the
neighborhood and it will not negatively impact the public health, safety or general welfare.
4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the
following conditions:
a. Planning Division
(1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public
hearing.
(2) The project shall comply with all conditions of approval for Development Review 2007-38, Planning Commission
Resolution 2009-14, approved on July 14, 2009.
b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
3
b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Masum Azizi AIA, 1470 Jamboree Road,
Suite 200, Newport Beach, CA 92660 and the property owner, Billy Chung, 17764 La Pasaita Ct., Rowland Heights, CA 91748.
APPROVED AND ADOPTED THIS 28th DAY OF JULY 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: Chairma t/1" --
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and
adopted, at a regular meeting of the Planning Commission held on the 28th day of July, 2009, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Commissioners: Nolan, Shah, Chair/Torng
Commissioners: None
Commissioners: Lee, VC/Nelson
Commissioners: None
ATTEST:
Greg Gubman, Secretary
4
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Variance 2009-01
SUBJECT: Reduction of front yard setback requirement
PROPERTY Billy Chung
OWNER: 17764 La Pasaita Ct. Rowland Heights, CA 91748
APPLICANT: Masum Azizi, AIA
1470 Jamboree Road, Suite 200 Newport Beach, CA 92660
LOCATION: 22878 Canyon View Drive, Diamond Bar, CA
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of
Variance 2009-01 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its
officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims.
5
Plmnninn rInmmiccinn RPSOltitiOn No 2009-16
(b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the
applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed,
within twenty-one (21) days of approval of this Variance No. 2009-01, at the City of Diamond Bar Community Development
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 applicants pay remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All conditions in Resolution No. 2009-14 for Development Review No. 2007-38 shall be complied with.
End
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