HomeMy WebLinkAboutRES 2012-44CITY COUNCIL
RESOLUTION NO. 2012-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA ("CITY"), UPHOLDING THE APPLICANT'S APPEAL, REVERSING
THE PLANNING COMMISSION'S DECISION AND APPROVING REVISIONS TO
DEVELOPMENT REVIEW NO. 2006-38 AND MINOR VARIANCE NO. 2007-06 (CASE
NO. PL 2011-387), A REQUEST TO APPROVE AS -BUILT CHANGES TO A NEW
SINGLE-FAMILY RESIDENTIAL PROJECT UNDER CONSTRUCTION BY
INCREASING BUILDING PAD AND FINISHED GRADE ELEVATIONS ON A LOT
LOCATED AT 22909 RIDGE LINE ROAD, DIAMOND BAR, CA 91765, AND FURTHER
IDENTIFIED ASSESSOR'S PARCEL NUMBER 8713-005-006 ("PROJECT SITE")
THE CITY COUNCIL DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
A. THE CITY COUNCIL FINDS AND DECLARES THAT:
1. On July 24, 2007, the Planning Commission approved Development Review
No. 2006-38 for an 11,321 square -foot, three-story residence, and Minor
Variance No. 2007-06 to reduce the front setback to 24 feet (30 feet is required
in the Rural Residential zoning district) and increase the height of the proposed
retaining walls to 8 feet (6 feet is the maximum height allowed by the
Development Code) on the Project Site, as depicted on the preliminary grading,
site, landscaping and architectural plans on file with the City's Planning Division
("Project").
2. The legal description of the parcel on which the Project Site is located is Lot 30
of Tract 30091.
3. On August 13, 2008, the City approved the grading plan for the Project.
4. On August 25, 2008, the City issued a grading permit authorizing earthwork'to
commence on the Project Site as prescribed by the approved grading plan.
5. On April 26, 2010, the City issued a building permit authorizing the construction
of the Project's retaining walls.
6. On October 11, 2010, the Project's engineer of record at the time, Gerald E.
Ronnebeck (R.C.E. 42853, exp. 3-31-12) certified the rough grading elevations
and retaining walls on the Project Site to be in compliance with the elevations
prescribed on the approved grading plan.
7. On November 15, 2010, the City's Public Works Inspector ("Inspector")
inspected the rough grading conditions and related documentation pertaining to
the project site, including, among other things, the rough grading certification
letter from the Project's engineer of record. The Project "passed" the rough
grading inspection on the basis of the Inspector's finding that the earthwork
completed on this date was in compliance with the stipulations set forth on the
grading permit.
2012--44
8. On June 30, 2011, the Inspector reinspected the Project Site and found that
alterations to the earthwork and retaining walls had occurred subsequent to the
November 15, 2010 rough grading inspection.
9. On July 15, 2011, land surveyor James S. McDonough (LS 6823, exp. 9-30-12)
prepared a survey map of the Project Site after surveying the pad and wall
elevations on the Project Site. The survey map documents that the building
pad elevations on the Project Site are, in general, approximately two feet higher
than the building pad elevations specified on the approved Project grading plan.
10. On September 22, 2011, Applicants Pete Volbeda and Sam Bhogal
("Applicants"), on behalf of property owner Paul Ghotra ("Owner"), filed
Planning Application No. PL 2011.387 with the City, requesting that the
Planning Commission approve modifications to the Project ("Project
Revisions"). The requested Project Revisions include the following items:
• To maintain the as -built, elevated heights of the building pads;
• To lower the overall height of the dwelling by two feet to effectively negate
the visual impact of the elevated pad heights;
• To reduce the exposed height of the retaining walls to comply with the
heights originally approved by the Planning Commission on July 24, 2007
(however, because the finished grades adjacent to the walls are higher than
what is shown on the original plans, the walls would be at higher elevations);
• To build a retaining wall, approximately 3 to 4 feet in exposed height, at the
west property line (adjacent to 22835 Ridge Line Road); and
• Install landscaping along the west portion of the property to screen the view
of the retaining walls from 22835 Ridge Line Road.
11. On February 17, 2012, public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project Site and the notice was published in the
San Gabriel Valley Tribune land Inland Valley Daily Bulletin newspapers. A
notice display board was posted at the Project Site, and a copy of the notice
was posted at the City's three designated community posting sites.
12. On February 28, 2012, the Planning Commission of the City' of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all
interested individuals, concluded said hearing on that date, directed staff to
prepare a resolution denying the requested Project Revisions, and continued
the matter to March 13, 2012.
13. On March 13, 2012, the Planning Commission of the City of Diamond Bar
adopted Resolution No. 2012-09, denying the requested Project Revisions.
14. On March 23, 2012, the Owner and Applicants filed an appeal of the Planning
Commission's decision to deny the Project Revisions.
15. On July 27, 2012, public hearing notices were mailed to property owners within
a 1,000 -foot radius of the project site and the notice was published in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice
display board was posted at the site, and a copy of the notice was posted at the
IJ
2012-44
City's three designated community posting sites.
16. On August 7, 2012, the City Council 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, directed staff to
prepare a resolution approving the requested Project Revisions, and continued
the matter to August 21, 2012.
17. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the City
of Diamond Bar, Community Development Department, Planning Division,
21810 Copley Drive, Diamond Bar, CA 91765.
B. FACTUAL FINDINGS AND CONCLUSIONS.
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code _ (DMBC) Section 22.48.40, and upon substantial
evidence in the administrative record, the City Council finds as follows:
1. The City Council hereby specifically finds that all of the facts set forth in Part A
of this Resolution are true and correct.
2. The Project Revisions are subject to and must satisfy the same findings for
Development Review as the original project. Pursuant to Section 22.48.040 of
the Diamond Bar Municipal Code, the City Council makes the following
findings and conclusions regarding revisions to Development Review and
Minor Variance No. PL 2011-387:
a. The design and layout of the proposed development are consistent with
the General Plan, development standards of the applicable zone district,
design guidelines, and architectural criteria for special areas (e.g., theme
areas, specific plans, community plans, boulevard or planned
developments.)
The evidence presented to the City Council shows that the Project
Revisions proposed in this application are minor in nature and entirely
consistent with the applicable RR zone Development Standards and
Design Guidelines. The mass, scale and appearance of the project will
not be materially changed by the Project Revisions and are consistent
with surrounding single-family development in the neighborhood.
b. The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
developments, and will not create traffic or pedestrian hazards.
The Project Site is located -in a hillside, community, with variation in
topography and roadway grades. Building pads are typically placed near
the adjacent roadways, resulting in those roadway grades determining
the building pad elevations. Because building pads are level, the vertical
3
2012-44
differences between the pads and the abutting roadways are not
constant.
The roadway segment that runs adjacent to the Project Site and the
neighboring downslope property located at 22835 Ridge Line Road has a
grade of seven -to -eight percent. The portion of the neighboring building
pad closest to the Project Site is approximately 9 feet below the facing
street grade. The pad elevation difference between the upper pad of the
residence at 22835 Ridge Line Road and the originally approved upper
pad of the project site was approximately 16 feet. With the proposed
Project Revisions, the elevation difference between these two pads will
be approximately 18 feet.
The proposed two -foot increase in the finished grades associated with
the Project Revisions would not result in a substantially different visual
impact to the neighboring downslope property or any other properties
with sight lines into the Project Site, particularly given the.relatively steep
and varied topography in the vicinity of the Project Site. The City Council
gave consideration to the objections raised by the neighboring property
owner of 22835 Ridge Line Road, but finds that when the compensating
two -foot reduction in the height of the structure is taken into
consideration, the visual impact of the revised project is substantially the
same as the originally approved project, that the revisions are de
minimus in character and that the revised Project does not interfere with
the use and enjoyment of the neighboring property.
Additional factors that support the conclusion that the design and layout
of the Project Revisions will not interfere with the use and enjoyment of
neighboring existing or future developments include the following:
The landscaping within terraced slopes between the Project Site and
the westerly property line adjacent to 22835 Ridge Line Road will be
increased to further screen the retaining walls and future dwelling.
Proposed plant materials in this area include Texas Privet and New
Zealand Flax, which grow to approximately eight feet in height. New
Zealand Flax is a perennial and Texas Privet is an evergreen,
therefore, landscaping will be foliated year-round. In addition, three
24" box Brisbane Box specimen trees will be installed in this area for
additional screening. Therefore, the exposed portions of the retaining
walls would be screened and camouflaged in a relatively short time.
• The Project Revisions incorporate lowering the height of the Project
dwelling by two feet, to negate the overall height increase that would
have otherwise resulted from the elevated building pad heights.
c. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development
0
2012--44
contemplated by Development Code Chapter 22.48, the General Plan, or
any applicable specific plan.
The Project Revisions do not materially alter th e originally approved
design of the proposed single-family residence and accessory structure,
which was previously found to be consistent with the terms and
conditions of the long-range planning policy documents adopted by the
City of Diamond Bar and compatible with the scope, scale and
appearance of the surrounding existing homes.
d. 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.
The Project Revisions do not modify the originally approved project's
design and use of construction material, which were originally found to
be consistent with other single-family residences in the neighborhood.
e. The proposed development will not be detrimental to the public health,
safety or welfare or materially injurious [e.g., negative effect on property
values or resale(s) of property] to the property or improvements in the
vicinity.
The visual impact of the requested Project Revisions to the adjacent and
downslope parcels (including, without limitation, 22835 Ridge Line
Road), as well as to parcels with sight lines to the Project Site, would not
be materially increased by elevating the finished grades as proposed,
and, as detailed in Section 2.b. above, will not be detrimental to the
welfare of the occupants of the aforementioned properties.
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The originally approved Project, with the incorporated Project Revisions,
is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303(a) (Construction of a New Single Family Residence) of
the CEQA Guidelines.
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Section 22.48.040, the City Council hereby finds and approves the Revisions to
Development Review and Minor Variance No. PL2011-387, subject to the following
conditions:
5
2012--44
A. GENERAL
1. All previously -issued public works, grading and building permits for this
project are hereby deemed expired. New permits shall be applied for
and granted for all aspects of construction including grading, retaining
walls, and other structures that are non-exempt from permitting
requirements. Moreover, the Owner shall be responsible for payment of
all fees associated with plans examining, permit issuance and
inspections based on the value of construction to be completed.
2. 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 Revisions to Development
Review and Minor Variance No. PL 2011-387 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.
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.
3. This approval shall not be effective until the Applicant and Owner of the
Project Site involved have filed, within twenty-one (21) days following the
adoption of this Resolution, at the City of Diamond Bar Community
Development Department, an 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 Applicant pay the remaining City
processing fees, school fees, and fees for the review of submitted
reports.
4. An Erosion Control Plan shall be submitted for review and approval by
the Public Works/Engineering Department. Erosion control measures
shall be established and maintained on the Project Site within thirty (30)
days following the adoption of this Resolution. Erosion control measures
and any required shoring shall be in place and approved by Public
Works/Engineering Department and Building and Safety Division.
5. Within six (6) months following the adoption of this Resolution, the
Applicant shall:
a. Apply for and obtain a grading permit for all earthwork required for
rough grading pad certification and the construction of all retaining
0
2012-44
walls depicted on the rough grading plan in accordance with Section
B below.
b. Apply for and obtain building permits for all retaining walls depicted
on the rough grading plan, which have not been constructed.
c. Apply for and obtain building permits for the construction of the
dwelling in accordance with Section C below.
Any extension(s) to this deadline shall be requested in writing with good
cause and submitted for the Community Development Director for review
and approval.
6. The Applicant shall at all times comply with the Conditions of Approval
attached hereto and referenced herein. No occupancy permit shall be
granted, until all improvements required by this approval have been
properly constructed, inspected, and approved.
7. The Applicant shall comply with the requirements of the Los Angeles
County Fire Department.
8. Signed copies of this Resolution shall be included on all construction
plans. The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet
signed/stamped by a licensed Engineer/Architect.
9. The Project Site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable Federal,
State, or City regulations.
14. Approval of this request shall not waive compliance with all sections of
the Development Code and all other applicable City ordinances in effect
at the time of grading or building permit issuance.
11. The Owner or Applicant shall effect removal of the public hearing notice
board within seven (7) days of Project approval.
12. Any revisions to the plans approved by the City Council shall be
submitted to the Community Development Department for review and
approval.
13. The Project Site shall be maintained in a condition which is free of debris
both during and after the construction. The removal of all trash, debris,
and refuse, whether during or subsequent to construction shall be done
only by the Owner, Applicant or by the City's officially franchised waste
hauler.
7
2012-44
14. All other conditions of approval adopted under Planning Commission
Resolution 2007-37, except as amended or superseded herein, remain
valid and in full force and effect.
B. CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF GRADING AND
RETAINING WALL PERMITS
A geotechnical memo 'shall be issued by the geotechnical engineer of
record indicating that the revised grading plan has been reviewed and is
in conformance with their approved geotechnical recommendations. Any
changes in recommendations for the revised grading plan shall be
submitted for review and approval to the Public Works/Engineering
Department prior to commencing corrective grading operations.
2. The revised grading plan shall be submitted for review and approval by
the Public Works/Engineering Department. A separate grading permit
with all applicable fees, will be required prior to commencing corrective
grading operations.
3. Site conditions shall be certified by a surveyor verifying that grading,
retaining walls, and building pads match the approved grading plan
specifications.
4. Following the completion of corrective measures to restore existing
retaining walls to conform to the height limitations established on the
approved construction plans, the Building Official may, with good cause,
determine additional requirements for the engineer of record to submit
for compliance with the structural code requirements for said walls.
5. As directed by the Building Official, the engineer of record shall examine
the retaining wall at the northwesterly portion of the property for cold
joints and submit a formal assessment of its structural integrity to the
Building Official. The findings of the assessment shall provide the basis
for the Building Official to determine whether or not remediation work
shall be performed on the retaining wall in order to assure its structural
integrity.
6. Updated plans and details shall be -submitted to the Building and Safety
Division for review and approval of all retaining wails constructed on the
property indicating existing or new work and any retrofit or changes
necessary.
7. Prior to construction of any walls, the locations shall be staked and/or
clearly identified for building and grading inspector verifications and shall
remain in place during construction.
2012--44
C. CONDITIONS TO BE SATISFIED PRIOR TO ISSUANCE OF ALL OTHER
BUILDING PERMITS
1. Upon completion of the corrective grading operations and prior to release
of building permits, the rough grade shall be re -certified by both the civil
and geotechnical engineers of record. An updated geotechnical report
certifying the rough grading shall be submitted at the completion of the
corrective grading and retaining wall operations for review and approval
by the Public Works/Engineering Department.
2. Revised architectural plans incorporating changes to the reduced
building height shall be submitted for review and approval by the
Planning and Building & Safety Divisions.
3. Revised landscape and irrigation plans incorporating the changes
approved shall be submitted to the Planning Division for review and
approval.
D. CONDITIONS TO BE SATISFIED DURING CONSTRUCTION
1. All existing open excavations for footings and underground plumbing
shall be reinspected.
2. All grading, wall heights, building pads, height of building, landscaping
and other items depicted on any City approved plans shall be strictly
adhered to. Modifications -to approved plans and specifications shall first
be submitted to the City for review and approval.
3. All City -approved plans, job cards, and permits shall be on site during all
inspections. Failure to have any plans available may result in a "stop
work" order until these plans are produced at the site to the satisfaction
of the building inspector.
4. Prior to building permit final inspection release or release of any utilities,
a licensed land surveyor or civil engineer shall prepare a duly stamped
and signed height and final survey of the grading, retaining walls, and
building heights.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail t o t he
property owner: Paul Ghotra, 1241 S. Grand Avenue, Diamond Bar, CA 91765;
and the applicants Sam Bhogal, 23415 Pleasant Meadow, Diamond Bar, CA
91765 and Pete Volbeda, 180 N. Benson #D, Upland, CA 91786.
0
2012--44
C. RELIANCE ON RECORD.
Unless otherwise prodded, each and every one of the findings and conclusions in this
Resolution are based on the competent and substantial evidence, both oral and
written, contained in the entire record relating to the project. The findings and
conclusions constitute the independent findings and conclusions of the City Council in
all respects and are fully and completely supported by substantial evidence in the
record as a whole. Unless otherwise provided, all summaries of information in this
Resolution are based on the substantial evidence in the record. The absence of any
particular fact from any such summary is not an indication that a particular finding is
not based in part on that fact.
APPROVED AND ADOPTED THIS 215t DAY OF AUGUST 2012, BY THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR.
1:3
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the City Council of the City of
Diamond Bar, at a regular meeting of the City Council held on the 21St day of August 2012,
by the following vote:
AYES: Council Member: Tye, MPT/Tanaka; M/Chang
NOES: Council Member: Everett
ABSENT: Council Member: Herrera
ABSTAIN: Council Member: None
ATTEST:
Tommy Cribbins, City Clerk
City of Diamond Bar
10
2012-44