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HomeMy WebLinkAboutPC 2011-06PLANNING COMMISSION RESOLUTION NO. 2011-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, DENYING VARIANCE NO. PL2010-422, TO BUILD A POOL AND SPA WITHIN THE FRONT SETBACK (POOLS AND SPAS ARE NOT ALLOWED WITHIN THE FRONT SETBACK) AND TO CONSTRUCT A SIX FOOT HIGH WROUGHT IRON FENCE FIVE FEET WITHIN THE FRONT SETBACK (FENCES WITHIN THE FRONT SETBACK ARE NOT ALLOWED TO EXCEED THREE -FEET, SIX - INCHES) ON A LOT LOCATED AT 2615 BRAIDED MANE DRIVE, DIAMOND BAR, CA 91765 (APN: 8713-036001). A. RECITALS The property owner, Steven Chu, and applicant, Gordon T. Myers, Elegant Pools, have filed an application for Variance No. PL2010-422 to build a pool and spa 10 -feet, 6 -inches from the front property line (pools and spas are not allowed within the front setback) and to construct a six foot high wrought iron fence five -feet from the property line (fences are not allowed to exceed three -feet, six -inches within the front setback) located at 2615 Braided Mane Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Variances shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 78,843 gross square feet (1.81 acres), and 54,886 net square feet (1.26 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential (RR). 3. The legal description of the subject property is Tract Map Number 23483 Lot 85. The Assessor's Parcel Number (APN) is 8713-036-001. 4. On March 11, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 40 property owners within a 1,000 -foot radius of the project site and public notice was posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 5. On March 22, 2011, 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. 1 Variance No. PL 2010-422 housing and require that new development be compatible with the prevailing character of the surrounding neighborhood." It is not typical to have a pool that is located in the front yard facing the street. Accessory structures such as tennis courts and barbeque areas are located behind the house in the rear yard areas. To preserve and maintain the character of single-family residential neighborhoods, accessory structures should be placed towards the rear of the property. General Plan Objective 1.2, Strategy 1.2.6 states that it shall be City policy to "broaden the range of, and encourage innovation in, housing types. Require developments within all residential areas to provide amenities such as common usable, active open space and recreational areas, when possible." Considering that The Country Estates offers amenities to its residents, the objective and strategy of the General Plan are met and having these amenities on individual private properties is neither required nor a necessity. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; If the Variances were to be approved, the construction of the pool would be subject to the life safety standards of the California Building Code. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). If the Variances were to be approved, the proposed project would be deemed categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303 (e) (New Construction of Swimming Pool) of the CEQA Guidelines. No further environmental review is required. Based on the findings and conclusions set forth above and prescribed under DBDC Section 22.54, the Planning Commission hereby finds and denies the proposed project. 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: Steven Chu, 2615 Braided Mane Drive, Diamond Bar, CA 91765 and Gordon T. Myers, Elegant Pools, 31200 Landau Blvd. #2203, Cathedral City, CA 92234. 4 Variance No. PL 2010-422 APPROVED AND ADOPTED THIS 22ND DAY OF MARCH 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Planning Commission Chairrf an 1, Greg Gubman, 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 22nd day of March 2011, by the following vote: AYES: Commissioners: None NOES: Commissioners: Nelson, Torng, V/C Lee, Chair/Shah ABSENT: Commissioners: Lin ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 Variance No. PL 2010-422 PLANNING COMMISSION RESOLUTION NO. 2011-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, DENYING VARIANCE NO. PL2010- 422, TO BUILD A POOL AND SPA WITHIN THE FRONT SETBACK (POOLS AND SPAS ARE NOT ALLOWED WITHIN THE FRONT SETBACK) AND TO CONSTRUCT A SIX FOOT HIGH WROUGHT IRON FENCE FIVE FEET WITHIN THE FRONT SETBACK (FENCES WITHIN THE FRONT SETBACK ARE NOT ALLOWED TO EXCEED THREE -FEET, SIX- INCHES) ON A LOT LOCATED AT 2615 BRAIDED MANE DRIVE, DIAMOND BAR, CA 91765 (APN: 8713-036001). A. RECITALS 1. The property owner, Steven Chu, and applicant, Gordon T. Myers, Elegant Pools, have filed an application for Variance No. PL2010-422 to build a pool and spa 10 -feet, 6 -inches from the front property line (pools and spas are not allowed within the front setback) and to construct a six foot high wrought iron fence five -feet from the property line (fences are not allowed to exceed three -feet, six -inches within the front setback) located at 2615 Braided Mane Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Variances shall be referred to as the "Proposed Project." 2. The subject property is comprised of one parcel totaling 78,843 gross square feet (1.81 acres), and 54,886 net square feet (1.26 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential (RR). 3. The legal description of the subject property is Tract Map Number 23483 Lot 85. The Assessor's Parcel Number (APN) is 8713-036-001. 4. On March 11, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 40 property owners within a 1,000 - foot radius of the project site and public notice was posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 5. On March 22, 2011, 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. 1 Variance No. PL 2010-422 housing and require that new development be compatible with the prevailing character of the surrounding neighborhood." It is not typical to have a pool that is located in the front yard facing the street. Accessory structures such as tennis courts and barbeque areas are located behind the house in the rear yard areas. To preserve and maintain the character of single-family residential neighborhoods, accessory structures should be placed towards the rear of the property. General Plan Objective 1.2, Strategy 1.2.6 states that it shall be City policy to "broaden the range of, and encourage innovation in, housing types. Require developments within all residential areas to provide amenities such as common usable, active open space and recreational areas, when possible." Considering that The Country Estates offers amenities to its residents, the objective and strategy of the General Plan are met and having these amenities on individual private properties is neither required nor a necessity. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; If the Variances were to be approved, the construction of the pool would be subject to the life safety standards of the California Building Code. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). If the Variances were to be approved, the proposed project would be deemed categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303 (e) (New Construction of Swimming Pool) of the CEQA Guidelines. No further environmental review is required. Based on the findings and conclusions set forth above and prescribed under DBDC Section 22.54, the Planning Commission hereby finds and denies the proposed project. 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: Steven Chu, 2615 Braided Mane Drive, Diamond Bar, CA 91765 and Gordon T. Myers, Elegant Pools, 31200 Landau Blvd. #2203, Cathedral City, CA 92234. 4 Variance No. PL 2010-422 APPROVED AND ADOPTED THIS 22ND DAY OF MARCH 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. PlannI ng Commission Chair9ian BY: I, Greg Gubman, 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 22nd day of March 2011, by the following vote: AYES: Commissioners: None NOES: Commissioners: Nelson, Torng, V/C Lee, Chair/Shah ABSENT: Commissioners: Lin ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 Variance No. PL 2010-422