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HomeMy WebLinkAboutPC 2017-11PLANNING COMMISSION RESOLUTION NO. 2017-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TREE PERMIT NO. PL2017-40 TO REMOVE ONE PROTECTED SOUTHERN CALIFORNIA BLACK WALNUT TREE AND REPLACE WITH THREE SOUTHERN CALIFORNIA BLACK WALNUT TREES ON-SITE LOCATED AT 2468 ALAMO HEIGHTS ROAD, DIAMOND BAR, CA 91765 (APN 8713-028-003). A. RECITALS The property owners, Richard Wang and Jing Ma, and applicant, Feng Xiao, have filed an application for Tree Permit No. PL2017-40 to remove one protected Southern California black walnut tree and replace with three Southern California black walnut trees on-site, located at 2468 Alamo Heights Road, Diamond Bar, County of Los Angeles, California. The subject property consists of one parcel totaling 57,935 gross square feet (1.33 gross acres). The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. The legal description of the subject property is Lot 118 of Tract 30578. The Assessor's Parcel Number is 8713-028-003. 4. On April 28, 2017, public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site. Also, public notices were posted at the project site and the City's three designated community posting sites. On April 28, 2017, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 5. On May 9, 2017, 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; and 2. The removal of protected trees is subject to the regulations set forth under Chapter 22.28 of the Diamond Bar Municipal Code, including required approval findings and mitigation measures for such removals. The removal of C. the protected tree is proposed in conjunction with a discretionary permit; i.e., the previous approval of a single-family residence on the subject property. The entirety of the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15303(a) of the California Code of Regulations/CEQA Guidelines (new construction of a single-family residence in a residential zone). Therefore, no further environmental review is required. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.38, this Planning Commission hereby finds as follows: Tree Permit Findings (DBMC Section 22.38.110) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with DBMC Section 22.38.130 (Tree rep lacement/relocation standards) below. The applicant submitted a tree report, prepared by a licensed arborist, which indicates three (3) Southern California black walnut trees exist on the property. Of the three walnut trees, one is considered protected (Tree #1). The applicant is proposing to remove Tree #1 due to bad health and structure of the tree, which is located within the construction/fire access area. The preservation of this tree is not feasible because it would compromise the design and construction of the project. Further, the relocation of the tree is not feasible due to the existing health condition of the tree. The applicant is proposing to replace the tree with three 24 -inch box Southern California black walnut trees, meeting the minimum required 3:1 ratio and size for replacement of protected trees. The planting of three new protected species will provide sufficient replacement of the natural landscape. 2. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The removal of protected trees is subject to the regulations set forth under Chapter 22.28 of the Diamond Bar Municipal Code, including required approval findings and mitigation measures for such removals. The removal of the protected tree is proposed in conjunction with a discretionary permit, i.e., the previous approval of a single-family residence on the subject property. The entirety of the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15303(a) of the California Code of Regulations/CEQA Guidelines (new construction of a single-family residence in a residential zone). Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application, subject to the following conditions: 2 PC Resolution No. 2017-11 Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. 2. All replacement trees shall be a minimum of 24 -inch box Southern California black walnut trees and planted at a 3:1 ratio. 3. Monitoring of tree protection and restoration measures specified as conditions of approval shall be performed by site inspection conducted by an arborist. 4. Prior to the issuance of a demolition, grading or building permit, the existing black walnut trees shall be enclosed by chain link fencing with a minimum height of five feet or by another protective barrier approved by the Community Development Director. The protective barrier shall be placed at least five (5) feet outside the drip line of the tree to also protect the existing surrounding grade. Fencing shall be installed as illustrated on the enclosed tree protection plan and a 'Warning' sign shall prominently displayed at regular intervals around the fencing line. The sign shall be a minimum of 8.5 inches x 11 inches and clearly state the following: TREE PROTECTION ZONE THIS FENCING SHALL NOT BE REMOVED 5. The fencing plan shall be shown on the grading plan and other applicable construction documents and the Planning Division shall be contacted to conduct a site visit prior to commencement of any work to ensure this condition is met. 6. No grade changes shall be made within the protective barriers without prior approval by the Director. Where roots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw cut and covered with soil in conformance with industry standards. 7. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. 8. No attachments or wires other than those of a protective or non -damaging nature shall be attached to a protected tree. 9. No equipment or debris of any kind shall be placed within the protective barriers. No fuel, paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protected barrier. 10. If access within the protection zone of a protected tree is required during the construction process, the route shall be covered in a six-inch mulch bed in the PC Resolution No. 2017-11 drip line area and the area shall be aerate and fertilized at the conclusion of the construction. 11. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk. The number of drains shall depend upon the soil material. 12. Lighter sandy soils and porous gravelly material require fewer drains than heavy nonporous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water. 13. When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade. With either method, the area within the drip line shall be left at the original grade, except as allowed by the Director. The retaining wall shall be porous to allow for aeration. 14. Cleaning of equipment used for construction should be done outside the protected zone and in compliance with the manufacturer's directions. 15. Hand-held equipment should be used in the allowed encroachment zones for trenching of foundations, irrigation, and utility line placement to avoid shattering and tearing roots. 16. Exposed roots to remain and should be covered with burlap, carpet remnants or other material that may be kept moist until soil can be replaced. 17. Digging, excavating, trenching, or placement of fill material within the Tree Protection Zones of any protected trees is monitored by an arborist. 18. If canopy pruning of protected trees is found to be necessary, it should only be performed by a qualified ISA Certified Arborist or ISA Certified Tree Worker. 19. This report is part of the set of plans given to the contractor. The contractor shall be familiar with the specific instructions and responsibilities pertaining to protected trees. It is recommended that a certified arborist be retained and meet with the contractor and his personnel prior to commencement of the project. 20. Turf should be maintained as far away from the trunks as possible, but at least 5-6 feet to discourage excessive summer moisture. Natural leaf litter should be allowed to accumulate under the dripline of protected trees to remain. 21. If protective measures fail to ensure the survival of any protected tree during construction activity or within three years after approval of final inspection, a minimum of three 24 -inch box Southern California black walnut trees or other protected species shall be planted on the property for each protected tree that dies. 22. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 PC Resolution No. 2017-11 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 the property owner, Richard Wang and Jing Ma, 22826 Lazy Trail Road, Diamond Bar, CA 91765, and applicant, Feng Xiao, 2540 Huntington Drive, Suite 207, San Marino, CA 91108. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: G'✓ Raymond/Wolfe, Chairman 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 9th day of May, 2017, by the following vote: AYES: Commissioners: Barlas, Farago, Mahlke, VC/Mok, Chair/Wolfe NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 Tree Permit No. PL201740 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tree Permit No. PL 2017-40 SUBJECT: To remove one protected Southern California black walnut tree and replace with three Southern California black walnut trees on-site. PROPERTY Richard Wang and Jing Ma OWNER: 22826 Lazy Trail Road Diamond Bar, CA 91765 APPLICANT: Feng Xiao 2540 Huntington Drive, Suite 207 San Marino, CA 91108 LOCATION: 2468 Alamo Heights Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Tree Permit No. PL2017-40 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. 6 PC Resolution No. 2017-11 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 Tree Permit No. PL2017-40, 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 designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2017-11, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay 7 PC Resolution No. 2017-11 all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Tree Permit No. PL2017-40 expires within one yearfrom the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one-year time extension for Planning Commission consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is to remove one protected Southern California black walnut tree and replace with three Southern California black walnut trees on-site at 2468 Alamo Heights Road, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed below. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Tree Permit submittal, the plans may require further staff review and re -notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the Planning Commission approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non-compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City's Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City's requirement for full compliance may require minor corrections and/or complete demolition of a non-compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 8 PC Resolution No. 2017-11 6. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 7. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 8. All roof -mounted equipment shall be screened from public view. 9. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 10. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. E. SOLID WASTE 1. 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. END PC Resolution No. 2017-11