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HomeMy WebLinkAbout07/23/2002PLANNINI ,LCOPY COMMISSIC.L. AGENDA July 23, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Joe Ruzicka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Dan Nolan Commissioner Jack Tanaka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title ll of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium of Diamond Bar uses recvded vaoer and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, July 23, 2002 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2002-20 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of Regular Meeting: July 9, 2002. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2002-13, and Minor Conditional Use Permit No. 2002-06 - (pursuant to Diamond Bar Development Code Sections 22.48 and 22.56) the applicant has requested approval of plans to remodel and construct an approximate 2,370 square foot addition to an existing 5,096 square foot three (3) story single-family residence with an attached 3 -car garage on an approximate 27,007 square foot (.62 acres) R-1 (20,000) zoned lot. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for the continuation of a legal nonconforming 29'-1" front yard setback distance. July 23, 2002 Page 2 PLANNING COMMISSION Project Address: 2817 Wagon Train Lane (APN 8713-013-011) Diamond Bar, CA 91765 Property Owner: Harshad & Raksh Shah 2817 Wagon Train Lane Diamond Bar, CA 91765 Applicant: S & W Development 20272 Carrey Road Walnut, CA 91789 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt under Article 19, Section 15303, Class 3(c) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: Staff recommends that the project be re -advertised for the next regular Planning Commission meeting on August 13, 2002. 7.2 Development Review No. 2000-09(1) (pursuant to Code Section 22.66.050.C.) the applicant has requested for a one year extension of time for a project approved by the Planning Commission on August 8, 2000. The Planning Commission approval allows the construction of a three story (two stories and a basement) single family residence with a three -car garage and balconies totaling to approximately 11,560 square feet. Project Address: 2718 Steeplechase Lane (Lot 54 of Tract No. 30289) Diamond Bar, CA 91765 Property Owner: Palazzo, Inc. P.O. Box 5170 Diamond Bar, CA 91765 Applicant: An -Chi Lee 3740 Campus Drive, #B Newport Beach, CA 92660 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that this project is categorically exempt Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2000-09(1), Findings of Fact, and conditions of approval as listed within the draft resolution. July 23, 2002 Page 3 8. PLANNING COMMISSION COMMENTS: 9. INFORMATIONAL ITEMS: 10. 9.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: PARKS AND RECREATION COMMISSION MEETING: CONCERTS IN THE PARK: PLANNING COMMISSION Wednesday, July 24, 2002 - 6:30 p.m. to 8:00 p.m. (Doo Wah Riders - Country Western) - Sycamore Canyon Park - 22930 Golden Springs Drive Thursday, July 25, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Wednesday, July 31, 2002 - 6:30 p.m. to 8:00 p.m. (Film at Eleven - Contemporary) Sycamore Canyon Park - 22930 Golden Springs Di COMMUNITY/SENIOR CENTER Monday, August 5, 2002 - 9:00 a.m. GROUNDBREAKING Summitridge Park CEREMONY: 1426 Summitridge Drive CITY COUNCIL MEETING TRAFFIC AND TRANSPORTATION COMMISSION MEETING: ADMINISTRATIVE REVIEW PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, August 6, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, August 8, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, August 13, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, August 13, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive AMENDED PLANNING COMMISSION AGENDA July 23, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Joe Ruzicka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Dan Nolan Commissioner Jack Tanaka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions arc welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, July 23, 2002 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2002-20 AMENDED PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of Regular Meeting: July 9, 2002. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Planning Commission Discussion Regardinq Pepper Trees 7. PUBLIC HEARING(S): 7.1 Development Review No. 2002-13, and Minor Conditional Use Permit No. 2002-06 - (pursuant to Diamond Bar Development Code Sections 22.48 and 22.56) the applicant has requested approval of plans to remodel and construct an approximate 2,370 square foot addition to an existing 5,096 square foot three (3) story single-family residence with an attached 3 -car garage on an approximate 27,007 square foot (.62 acres) R-1 (20,000) zoned lot. Additionally, the applicant requests approval of a Minor Conditional Use Permit July 23, 2002 Page 2 PLANNING COMMISSION to allow for the continuation of a legal nonconforming 29'-1" front yard setback distance. Project Address: 2817 Wagon Train Lane (APN 8713-013-011) Diamond Bar, CA 91765 Property Owner: Harshad & Raksh Shah 2817 Wagon Train Lane Diamond Bar, CA 91765 Applicant: S & W Development 20272 Carrey Road Walnut, CA 91789 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt under Article 19, Section 15303, Class 3(c) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further environmental assessment is necessary. Recommendation: Staff recommends that the project be re -advertised for the next regular Planning Commission meeting on August 13, 2002. 7.2 Development Review No. 2000-09(1) (pursuant to Code Section 22.66.050.C.) the applicant has requested for a one year extension of time for a project approved by the Planning Commission on August 8, 2000. The Planning Commission approval allows the construction of a three story (two stories and a basement) single family residence with a three -car garage and balconies totaling to approximately 11,560 square feet. Project Address: 2718 Steeplechase Lane (Lot 54 of Tract No. 30289) Diamond Bar, CA 91765 Property Owner: Palazzo, Inc. P.O. Box 5170 Diamond Bar, CA 91765 Applicant: An -Chi Lee 3740 Campus Drive, #B Newport Beach, CA 92660 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has, determined that this project is categorically exempt July 23, 2002 Page 3 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2000-09(1), Findings of Fact, and conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS: 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: Wednesday, July 24, 2002 - 6:30 p.m. to 8:00 p.m. (Doo Wah Riders - Country Western) - Sycamore Canyon Park - 22930 Golden Springs Drive PARKS AND RECREATION Thursday, July 25, 2002 — 7:00 p.m. COMMISSION MEETING: AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive CONCERTS IN THE PARK: Wednesday, July 31, 2002 - 6:30 p.m. to 8:00 p.m. (Film at Eleven - Contemporary) Sycamore Canyon Park - 22930 Golden Springs Di COMMUNITY/SENIOR CENTER Monday, August 5, 2002 - 9:00 a.m. GROUNDBREAKING Summitridge Park CEREMONY: 1426 Summitridge Drive CITY COUNCIL MEETING: Tuesday, August 6, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive TRAFFIC AND Thursday, August 8, 2002 — 7:00 p.m. TRANSPORTATION AQMD/Govt. Center Hearing Board Room COMMISSION MEETING: 21865 E. Copley Drive ADMINISTRATIVE REVIEW: Tuesday, August 13, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive PLANNING COMMISSION Tuesday, August 13, 2002 — 7:00 p.m. MEETING: AQMD/Govt. Center Auditorium 21865 E. Copley Drive 11. ADJOURNMENT: 0 DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION July 9, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:09 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tye led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson and Dan Nolan. Commissioner Jack Tanaka was excused. Also Present: James DeStefano, Deputy City Manager, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meetings of June 11, 2002, and June 25, 2002. VC/Tye moved, C/Nelson seconded, to approve the minutes of June 11, 2002, as submitted, and the minutes of June 25, 2002, as corrected. Without objection, the motion was so ordered. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2002-10 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family residence of approximately 12,716 gross square feet including balconies, porch, covered patio and four car garage. lSEtAFT JULY 9, 2002 PAGE 2 PLANNING COMMISSION PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 3078 Windmill Drive (Lot 6, Tract 48487) Diamond Bar, CA 91765 C&A Developers 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-10, Findings of Fact, and conditions of approval as listed within the draft resolution. VC/Tye asked if within 60 days of approval it is possible that a certificate of occupancy is issued and no landscaping is installed. DCM/DeStefano responded that the shorter time would be the final inspection. A more appropriate timeframe would be 60 days from a certificate of occupancy that is granted after the final inspection. However, if the Planning Commission is concerned with timely landscape installation, staff has not found such a problem with these products. C/Nelson stated that if an extension of the building pad disrupts one or more of the preserved trees located on the property replacement mitigation should be required. This property is adjacent to natural areas. Therefore, restrictions should be placed on invasive plants. DCM/DeStefano explained that the Mitigation Monitoring Plan and Environmental Impact Report created for this tract deals with the types of species that can be permitted on the edge of natural areas. DSA/Smith responded to C/Nolan that generally, a dirty kitchen is created to accommodate Wok's and other similar type instruments that create smoke during cooking. Chair/Ruzicka asked if it would be appropriate to require front yard landscaping for this project as was required for other similar projects. DCM/DeStefano responded that adding such a condition would not be inconsistent with prior approvals. The specific reason for requiring front yard landscaping for the Pulte project was to mitigate a problem experienced by properties in close proximity JULY 9, 2002 PAGE 3 PLANNING COMMISSION 8. La where several years later, some lots still do not have a first blush of landscaping. A similar condition could be added. However, he believed that this matter was covered within the conditions contained in the resolution for this project. Richard Gould, JCC Homes, said that regarding front yard landscaping, these homes are custom homes and the purchasers intend to initiate a very elaborate landscape plan. Accordingly, the: applicant has requested that the owner be allowed to complete their landscaping after they move into the residence. Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this item, Chair/Ruzicka closed the public hearing. C/Nelson moved, C/Nolan seconded, to approve Development Review No. 2002-10, Findings of Fact, and conditions of approval as listed within the draft resolution subject to the corrections in staffs report as noted. Motion carred by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Nelson, Nolan, VC/Tye, Chair/Ruzicka None Tanaka PLANNING COMMISSION COMMENTS: C/Nelson asked what process he would pursue to recommend a change in the City's Tree Ordinance to remove the naturalized peppers. DCM/DeStefano responded that upon such a request, staff would place the matter on the next Planning Commission agenda for discussion. If the discussion results in such a recommendation, a recommendation would be forwarded to the City Council to consider a code change. C/Nelson requested the matter of recommending a change in the City's Tree Ordinance be placed on the July 23 Planning Commission agenda for discussion. VGTye recognized that Diamond Bar's 4`h of July show was "spectacular." He asked DCM/DeStefano to pass along kudos to the Parks and Recreation Commission and to the City Council so that next year's event is even bigger and better. INFORMATIONAL ITEMS„ DCM/DeStefano stated that following VC/Tye's comments about the status of the chain link fencing at Administaff, he met with the developer of the project and its primary tenant There is significant discussion between the JULY 9, 2002 PAGE 4 PLANNING COMMISSION two parties as to who is responsible for the change in the fencing requirement. Through contractual relationship, Administaff was responsible for the fence. Administaff will not get occupancy of the parking structure or the day care center until that issue is resolved. With respect to the Notice of Public Hearing signs that go up on properties, staff talked about creating a policy related to their removal. Code requires that these signs be removed within three (3) days of the conclusion of the public hearing. The policy would be that if the signs are not removed within the prescribed time, the developer deposit would be reduced by about $100, staff's charge for removing the sign. Staff believes that protection of certain types of trees is contained within the City's General Plan. If this is a General Plan issue, Council would concurrently agree to pursue changes in both the Development Code and General Plan. VC/Tye asked if a change in the General Plan required a vote of the public, to which DCM/DeStefano responded no, it does not with one exception — if the change touches open space. VC/Tye believed that if the Planning Commission denies an applicant's request, they may appeal to the City Council to which DCM/DeStefano replied "correct." 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 7:43 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Joe Ruzicka INTEROFFFICE MEMORANDUM DATE: July 17, 2002 TO: Planning Commission FROM: Milan Garrison, LDM Associates SUBJECT: Development Review No. 2002-13/Minor Conditional Use Permit No. 2002-06 for the property located at 2817 Wagon Train Lane Pursuant to Section 22.72 of the Development Code, a notice of public hearing is required for a land use permit. The method of distribution required is as follows: Notice shall be published at least once in a local newspaper of general circulation in the City at least 10 days before the hearing. 2. Notice shall be posted, at least 10 days before the hearing on the subject parcel on a display board measuring at least four -foot by six foot. The applicant is responsible for the preparation, installation, and maintenance of the display board. 3. Notices shall be posted in at least three public places in the area of the property, which is the subject of the hearing. 4. Notice shalt be mailed or delivered at least 10 days before the hearing to the owner(s) of the property being considered or the owner's agent, applicant, each local agency expected to provide water, schools, or other essential facilities or services to the project, whose ability to provide the facilities may be significantly affected, and all owners of real property within a 500 foot radius. The applicant was unable to post a notice display board as described in Item 2 above. As a result, the public was not properly informed of the proposed project. Therefore, staff is recommending and the Applicant requests that Development Review 2002- 13/Minor Conditional Use Permit No. 2002-06 is scheduled for the next available meeting. To ensure the notice requirements are met, Development Review No. 2002- 13/Minor Conditional Use Permit No. 2002-06 may be re -advertised and noticed for the next public hearing on August 13, 2002. RECOMMENDATION: Staff recommends Development Review 2002-13/Minor Conditional Use Permit No. 2002-06 be re -advertised and properly noticed for the next scheduled public hearing on August 13, 2002. • City PLANNING AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: 7.2 of Diamond Bar COMMISSION Staff Report July 9, 2002 July 23, 2002 Development Review No. 2000-09(1) Request for an Extension of Time. 2718 Steeplechase Lane (Lot 54, Tract No. 30289) Diamond Bar, CA 91765 Palazzo, Inc. P.O. Box 5170 Diamond Bar, CA 91765 An -Chi Lee 3740 Campus Drive, #B, Newport Beach, CA 92660 The property owner, Palazzo, Inc. is requesting approval of Development Review No. 2000-09 for an extension of time. Pursuant to Code Section 22.66.050, on August 8, 2000, the Planning Commission approved the project by Resolution No. 2000-13. The Planning Commission's approval allows the construction of a three- story (two stories and a :basement) single-family residence with a three car garage and balconies totaling approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo, fountain and retaining walls with a maximum six-foot height. The project site, an existing vacant lot, denude of significant vegetation, is located at 2718 Steeplechase Lane (Lot 54, of Tract No. 30289) within a gated community identified as "The Country Estates".. It has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of 1 Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1- 20,000). Generally, the following zones surround the project site: to the north, south, east and west is the R-1-20,000 Zone. ANALYSIS: EXTENSION OF TIME Pursuant to Development Code Section 22.66.050, an approved permit or entitlement shall be exercised before its expiration (i.e., obtain a building permit and continuous on-site construction activity; obtain a grading permit and complete a significant amount of on-site grading; or actually implement the land use in its entirety). If the permit or entitlement is not exercised, the applicant shall file a written request for an extension of time with the appropriate review authority. In this case, the appropriate review authority is the Planning Commission. If the Planning Commission determines that the permittee has proceeded in good faith and has exercised due diligence in seeking to establish the permit, the Planning Commission shall grant an extension of time up to two consecutive periods not to exceed six months each or a total of one year. Planning Commission Resolution No. 2000-13 for the project states "this grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code." In a correspondence dated May 23, 2002, the applicant submitted a request in writing for a one-year extension of time. The applicant's time extension request is related to restructuring the means of financing the project. The extension of time request does not modify the project's original approval in any way. With regards to the Building and Safety Division, currently it is possible to obtain a building permit. According to the Public Works/Engineering Division, this project now has an approved soils report and an approved grading plan. Fees need to be paid and grading bond submitted before permit can be issued. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. 2 NOTICE OF PUBLIC HEARING: On July 11, 2002, notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. On July 3, 2002, public hearing notices were mailed to approximately 49 property owners within a 500 -foot radius of the project site. Furthermore, on July 10, 2002, the project site was posted with a display board and the public notice was posted in three public places. RECOMMENDATIONS: Staff recommends that the Planning Commission approve an extension of time for Development Review No. 2000-09(1), Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED EXTENSION OF TIME FINDINGS: 1. The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. 2. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: A -VIZ, Ann J. Lungu, Associate Planner Attachments: 1. Extension of time draft resolution; 2. Planning Commission Resolution No. 2000-13; and 3. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape/irrigation plan; and 4. Letter from Applicant: requesting extension of time, dated July 2, 2002. 3 DRAFT PLANNING COMMISSION RESOLUTION NO. 2002 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2000-09(l), A REQUEST TO CONSTRUCT A THREE-STORY (TWO STORIES AND A BASEMENT) SINGLE FAMILY RESIDENCE WITH A THREE CAR GARAGE AND BALCONIES TOTALING TO APPROXIMATELY 11,560 SQUARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING POOUSPA, GAZEBO, FOUNTAIN AND RETAINING WALLS WITH A MAXIMUM HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Palazzo, Inc. and applicant, An -Chi Lee have filed an application for an extension of time of a Planning Commission approval granted on August 8, 2000, for Development Review No. 2000-09, for a property located at 2718 Steeplechase Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject extension of time shall be referred to as the "Application." 2. On July 11, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On July 3, 2002, public hearing notices were mailed to approximately 49 property owners of record within a 500 -foot radius of the project and the public hearing notice was posted in three public places within the City of Diamond Bar. On July 10, 2002, the project site was posted with a display board. 3. On July 23, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened, public comments were heard, and the public hearing was closed. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved bythe 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, pf 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 the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(a). DRAFT 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 relates to . an existing vacant lot, denude of significant vegetation, located at 2718 Steeplechase Lane (Lot 54, of Tract No. 30289) within a gated community identified as "The Country Estates". The project site is rectangular shaped and approximately 1.20 gross acres and 1.11 net acres. It slopes up from Steeplechase Lane to the rear property line. An existing access driveway traverses the front portion of the project site behind the proposed 30 -foot front setback. The access driveway is utilized as a non-exclusive easement and traverses Lots 51 through 57. This access driveway will abut the proposed driveway for the project site. A recreational and equestrian use easement located within the rear portion of the project site was deleted in its entirety in April 1990. (b) The project site has a General Plan land use designation of Rural Residential (RR). (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zone surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is for a one year extension of time of a Planning Commission approval granted on August 8, 2002, in order to construct a three-story (two stories and a basement) single-family with a three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo, fountain and retaining walls with a maximum six-foot height. EXTENSION OF TIME (f) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problerris with the closure of the sale of the parcel, poor weather conditions 04, DRAFT in which to complete construction activities, etc.), why the permit should be extended. On May 23, 2002, the applicant submitted a request in writing for a one year extension of time. The applicant's time extension request is related to restructuring the means of financing the project. As a result due to financing, it has taken more time then anticipated to obtain construction permits because of engineering issues. Therefore, the extension of time is needed. Additionally, the extension of time does not modify the project in any way from the Planning Commission approval of August 8, 2000. (g) 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 provisions of the Califomia Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). DEVELOPMENT REVIEW (h) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). Tract Map No. 30289 was approved by Los Angeles County prior to the City of Diamond Bar's incorporation and sited for residential development, knowing that Lot 54 would eventually be developed with a single family residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.20 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within Tract No. 30289 and "The Country Estates." (i) 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. K DRAFT The project site was planned for the eventual developed of a single-family residence through the Tract's original approval. The proposed project is a single-family residence, which is consistent with single family residences established within `The Country Estates" As such, the proposed single family residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed single-family residence is not expected to create traffic or pedestrian hazards because the proposed use was expected in the future. Steeplechase Lane, a private street, adequately serves the project site and was established to handle minimum traffic created by this type of gated residential development. Therefore, the use of a contemplated single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (j) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural design of the proposed project is Mediterranean. The architectural design of other residences within `The Country Estates" is eclectic. Therefore, the proposed project's architectural design is compatible with other residences within this gated community. Furthermore, the proposed project has obtained the approval of `The Country Estates" architectural committee. A proposed prominent architectural feature/focal point of the residence is the Coliseum Stone front entry and motor court entrance with Composite type columns, which is a combination of the Ionic and Corinthian order. The balconies are a secondary focal point of the front fagade utilizing columns and balustrade, which corresponds to the prominent architectural focal points. The window styles and architectural treatment extends to all sides of the proposed residential structure. The proposed colors area variation of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. (k) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors 4 through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced ,in the above findings and the colors/materials board, the proposed project 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 while offering variety in color, texture and a low level of maintenance. (1) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved 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 is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (m) 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 provisions of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). 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, grading plan, floor plan, elevations, sections, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "A" dated July 11, 2000 as submitted and approved by the Planning Commission, 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, 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 5 L) ��*T U 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. The approved landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The single-family residence shall not be utilized in a manner that creates adverse effects.(i.e, significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (f) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; (5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist, as required; (6) Exportation site; and (7) All easements. (g) Prior to issuance of any City permits, the applicant shall submit a soils report for the City's review and approval. Said soils report shall: (1) Incorporate the suitability and stability of all retaining walls to withstand pressure of the retained soil and surcharge created by the proposed loads; and (2) Incorporate the scope of the proposed development and appropriate recommendations for the project's construction and shared access; M (h) The applicant shall re -construct their portion of the access driveway that traverses the project site, pursuant to the design recommendations within the soils report and to the satisfaction of the City Engineer. (i) Prior to the commencement of any grading activities, the applicant shall provide the City with a defined access route for construction vehicles to and from Steeplechase Lane. The applicant shall provide an assessment of the access roadway condition to the City Engineer. Prior to final occupancy, the roadway condition shall be re -assessed and the applicant shall repair any damage to the roadway, as a result of construction activities. On an ongoing as needed basis, the applicant shall repair damage that may occur to the shared access driveway during construction, according to the satisfaction of the City Engineer. Q) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: (1) Sections drawn to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) Retaining walls shall be subject to the City's Hillside Management Standards. (1) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (m) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (n) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (o) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District:. (p) The proposed residence shall comply with the State Energy Conservation Standards. 7 (q) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (r) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped. with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 -inch screen. (s) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1997 National Electrical Code) requirements. (t) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (u) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (v) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (w) Planning Commission Resolution No. 2000-13 approved on August 8, 2000, shall remain in full force and effect except as amended herein. (x) This extension of time grant is valid for one year and shall be exercised (i.e., construction started) within that period or this grant shall expire on August 8, 2003. (y) This grant 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 approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 0 (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: Palazzo Inc., P.O. Box 5170, Diamond Bar, CA 91765 and An -Chi Lee, 3740 Campus Drive, #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 23RD DAY OF JULY, 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Chairman I, James DeStefano, 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 23rd day of July, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 9 PLANNING COMMISSION RESOLUTION NO. 2000-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-09, A REQUEST TO CONSTRUCT A THREE-STORY (TWO STORIES AND A BASEMENT) SINGLE FAMILY RESIDENCE WITH A THREE CAR GARAGE AND BALCONIES TOTALING TO APPROXIMATELY 11,560 SQUARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING POOL/SPA, GAZEBO, FOUNTAIN AND RETAINING WALLS WITH A MAXIMUM HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Palazzo, Inc. and applicant, An -Chi Lee have filed an application for Development Review No. 2000-09, for a property located at 2718 Steeplechase Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 22, 2000, public hearing notices were mailed to approximately 49 property owners of record within a 500 -foot radius of the project and the public hearing notice was posted y in three public places within the City of Diamond Bar. On June 27, 2000, the project site was posted with a display board. On June 28, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inlan_ d Valley Daily Bulletin newspapers. 3. On July 11, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened, public comments were heard, and the public hearing was closed. 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. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(a). 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 relates to an existing vacant lot, denude of significant vegetation, is located at 2718 Steeplechase Lane (Lot 54, of Tract No. 30289) within a gated community identified as `"The Country Estates". The project site is rectangular shaped and approximately 1.20 gross acres and 1.1 l net acres. It slopes up from Steeplechase Lane to the rear property line. An existing access driveway traverses the front portion of the project site behind the proposed 30 -foot front setback. The access driveway is utilized as a non-exclusive easement and traverses Lots 51 through 57. This access driveway will abut the proposed driveway for the project site. A recreational and equestrian use easement located within the rear portion of the project site was deleted in its entirety in April 1990. (b) The project site has a General Plan land use designation of Rural Residential (RR). (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zone surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is to construct a three-story (two stories and a basement) single-family with a three car garage and balconies totaling to approximately 11,560 square feet. The request also includes a swimming pool/spa, gazebo, fountain and retaining walls with a maximum six-foot height. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). 2 Tract Map No. 30289 was approved by Los Angeles County prior to the Cit}I of Diamond Bar's incorporation and sited for residential development, knowing that Lot 54 would eventually be developed with a single family residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.20 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes Within Tract No. 30289 and "The Country Estates." (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 site was planned for the eventual developed of a single-family residence through the Tract's original approval. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed single family residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed single-family residence is not expected to create traffic or pedestrian hazards because the proposed use was expected in the future. Steeplechase Lane, a private street, adequately serves the project site and was established to handle minimum traffic created by this type of gated residential development. Therefore, the use of a contemplated single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural design of the proposed project is Mediterranean. The architectural design of other residences within "The Country Estates" is eclectic. Therefore, the proposed project's architectural design is compatible with other residences within this gated community. Furthermore, the proposed project has obtained the approval of "The Country Estates" architectural committee. A proposed prominent architectural feature/focal point of the residence is the Coliseum Stone front entry and motor court entrance with Composite type columns, which is a combination of the Ionic and Corinthian order. The balconies are a secondary focal point of the front facade utilizing columns and balustrade, which 3 corresponds to the prominent architectural focal points. The window styles and architectural treatment extends to all sides of the proposed residential structure. The proposed colors are a variation of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. (i) 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 and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project 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 while offering variety in color, texture and a low level of maintenance. (j) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved 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 is not detrimental to the public health, safety or welfare or 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 provisions of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). 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, grading plan, floor plan, elevations, sections, landscapelirrigation plan and colors/materials board 4 collectively labeled as Exhibit "A" dated July 11, 2000 as submitted and approved by the Planning Commission, 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, 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. The approved landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e, significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (f) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; (5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist, as required; (6) Exportation site; and (7) All easements. (g) Prior to issuance of .any City permits, the applicant shall submit a soils report for the City's review and approval. Said soils report shall: 5 (1) Incorporate the suitability and stability of all retaining walls to withstand pressure of the retained soil and surcharge created by the proposed loads: and (2) Incorporate the scope of the proposed development and appropriate recommendations for the project's construction and shared access: (h) The applicant shall re -construct their portion of the access driveway that traverses the project site, pursuant to the design recommendations within the soils report and to the satisfaction of the City Engineer. (i) Prior to the commencement of any grading activities, the applicant shall provide the City with a defined access route for construction vehicles to and from Steeplechase Lane. The applicant shall provide an assessment of the access roadway condition to the City Engineer. Prior to final occupancy, the roadway condition shall be re -assessed and the applicant shall repair any damage to the roadway, as a result of construction activities. On an ongoing as needed basis, the applicant shall repair damage that may occur to the shared access driveway during construction, according to the satisfaction of the City Engineer. (j) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: (1) Sections drawn to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) Retaining walls shall be subject to the City's Hillside Management Standards. (1) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (m) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (n) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (o) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. ,:� (p) The proposed residence shall comply with the State Energy Conservation Standards. (q) Surface water shall drain away from the proposed residence at a two -percent minimum slope. (r) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 -inch screen. (s) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements. (t) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (u) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (v) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (w) This grant 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 approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (x) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. 7 Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: Palazzo Inc., P.O. Box 5170, Diamond Bar, CA 91765 and An -Chi Lee, 3740 Campus Drive, #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 8TH DAY OF AUGUST, 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, James DeStefano, 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 8th day of August, 2000, by the following vote: AYES: Vice Chair Zirbes, Commissioners Tye, Kuo, Ruzicka, and Chair Nelson NOES: ABSENT: ABSTAIN: ATTEST: James DeSte no, Secretary lJ Palazzo Inc. July2, 2002 City of Diamond Bar, City Planning Dept Ms. Ann Lungu, Assoc. Planner 21865 Copley Dr. Diamond Bar, Ca 91765 Re: Development Review No. 2000-09 located at 2718 Steeplechase Lane, Diamond Bar, Ca 91765 Dear Ms. Lungu, With this letter, I would like to submit my request for an extension of the planning/development review's approval on the project located at 2718 Steeplechase Lane, Diamond Bar, Ca 91765. We are currently in the process of restructuring our means of financing for this project. There are 2 options that are available to us: through private partnerships and presale to buyers prior to construction. In both options, we would like to have this project ready for construction once this financial issue is finalized. I would appreciate very much if you would extend this project's approval for another 12 months. If you have any concerns or questions, please give me a call at 909-396-6864. Thank you. Your understanding and consideration is truly appreciated. Sincerely, ko Kuntjoro P.O. Box S170 Diamond Bar, Ca 91765. Ph: 909-396-6864 Fax 909-623-2268 0 �o Q a � o� U � � N U� U� � z 3 a N O a� 0. N A e z 8 W x Lla 00 Q U� 00 Q a � U � � A � z 3 0 a� o WQ A e z 8 W x aW o O o O O o o Z 0 U U U U U U U U �o Qo �o �o �o do �o �o WF WF WF. aOo� WF WF WFC WF WF O OaO OzU Z 0.. U ZU wz 00 wz op wz 00 wz Op Oz O OZ O 0Z D a� po , AW'" W� FO� ZZs °za pza ZZa ZZa zo c� zo zo z z ow Ow Ow z �w �� z w 0 z w 0 Z Z z w v Uz Uz Uz ¢ Uz Uz w UZ w Uz w w z �... 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