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HomeMy WebLinkAbout06/10/2008PLANNING. FILE COPY COMMISSION AGENDA June 10, 2008 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. in an effort to comply with the requirements of Title I/ 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 Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. roan our n vrvr anrunrny, canny u, i ne clty of uramond 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 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 Development 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) 839-7030 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) 839-7030 General Agendas (909) 839-7030 email: info(�ci diamond-bar.ca.us CITY OF DIAMOND BAR Next Resolution No. 2008-19 PLANNING COMMISSION Tuesday, June 10, 2008 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah E 3 4 6. 7. 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 voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. APPROVAL OF AGENDA: Chairman 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 Housing Element Workshop: May 27, 2008. 4.2 Minutes of Regular Meeting: May 27, 2008. OLD BUSINESS: None. NEW BUSINESS: None. PUBLIC HEARING(S): 7.1 Development Review No. 2007-12 and Minor Variance No 2007-02 - Under the authority of Development Code Sections 22.48 and 22.52, this is a request to construct a 6,753 square -foot, three-story single-family residence with an attached, 968 square foot garage. The Minor Variance request is to reduce the required front yard setback from 30 feet to 24 feet. The subject property is zoned RR (40,000) and it contains 50,965 gross square feet (1.17 acres) of land area. Project Address: 2690 Indian Creek Road JUNE 10, 2008 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Slobodan and Branka Batricevich 2656 Indian Creek Road Diamond Bar, CA 91765 Applicant: Mr. Simon Shum, AIA S&W Development, Inc. 20272 Garrey 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 from the provisions of CEQA, pursuant to Article 19 Sections 15303 (a) (new construction of a single-family home) and 15332 (infill development) of the State CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-12 and Minor Variance No. 2007-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2008-05 and Minor Conditional Use Permit No. 2008-07 - Under the authority of Development Code Sections 22.48 and 22.56, this is a request to remodel and repair fire damage, and add 2,270 square feet of living area to an existing single-family residence, and to construct a detached 475 square foot gazebo over an existing single -story accessory structure. The subject property is nonconforming in that the existing front yard setback is less than 30 feet. The applicant is requesting approval of a Minor Conditional Use Permit to expand the size of the nonconforming structure. The subject property is zoned RR (40,000) and it contains 65,340 gross square feet (1.5 acres) of land area. Project Address: 22835 Ridge Line Road Property Owner: Dr. George Madanat 22835 Ridge Line Road Diamond Bar, CA 91765 Applicant: Mr. Agop Khanjian 272 N. Michigan Avenue Pasadena, CA 91106 JUNE 10, 2008 PAGE 3 PLANNING COMMISSION AGENDA 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 from the provisions of CEQA, pursuant to Article 19, Section 15301 (e) (additions to existing structures) of the State CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-5 and Minor Conditional Use Permit No. 2008-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2008-09 and Tree Permit 2008-02 — Under the authority of Development Code Sections 22.48 and 22.38, this is a request to construct a new 4,754 square -foot, two-story single family residence with an attached 770 square -foot garage. The subject property is a 54,014 square -foot (1.24 acres) parcel within the RR (40,000) zoning district, with an underlying GP Land Use Designation of Rural Residential. Tree Permit No. 2008-02 is a request to protect and preserve an existing Coast Live Oak tree within the project area. Project Address: 2718 Clear Creek (Tract 30577, Lot 2; APN 8713-039-002) Property Owner: Ashley Tran 8940 Deira Lane Anaheim, CA 92804 Applicant: Paul Kaitz PK Development 2739 Steeplechase Lane Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15303 (a) (new construction of a single-family home) and 15322 (infill development) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-09 and Tree Permit 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: JUNE 10, 2008 PAGE 4 PLANNING COMMISSION AGENDA 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 170 9.1 Public Hearing dates for future proiects. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: FREE ELECTRONIC WASTE COLLECTION EVENT: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: FOURTH OF JULY HOLIDAY: 11. ADJOURNMENT: Thursday, June 12, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Saturday and Sunday, June 14 and June 15, 2008 — 9:00 a.m. — 4:00 p.m. Diamond Bar city hall, 21825 Copley Drive Tuesday, June 17, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, June 24, 2008 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, June 26, 2008 Government Center/SCAQMD Hearing Board Room 21865 Copley Drive Friday, July 4, 2008 In observance of the holiday, City Offices will be closed. City Offices will re -open on Monday, July 7, 2008. 2DRAFT MINUTES OF THE CITY OF DIAMOND BAR HOUSING ELEMENT WORKSHOP OF THE PLANNING COMMISSION MAY 27, 2008 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 6:08 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, and Vice Chairman Tony Torng. Absent: Commissioner Jack Shah and Chairman Steve Nelson were excused. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Kimberly Molina, Associate Engineer; Greg Gregg Kovacevich, Assistant City Attorney; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. A DRAFT 2008 HOUSING ELEMENT UPDATE (continued from May 13, 2008): John Douglas, Planning Consultant, summarized the May 13, 2008, presentation. CDD/Fong responded to VC/Torng that Diamond Bar has no homeless shelter or center, and the most recent LA County inventory of homeless indicated no evidence of homeless individuals in the City. However, the City must provide for facilities to house the homeless in its land use regulations even if there is no determined need. Mr. Douglas explained to C/Nolan that every two years a "point in time" homelessness survey is required under federal law. In LA County the Los Angeles Homeless Services Authority conducts the surveys. The most recent survey was conducted in January 2007 by sending teams into the field on two or three consecutive nights to areas where it was expected homeless individuals would be found. In addition, individuals in shelters were counted. It is very difficult to count people living in parks and riverbeds, etc. Almost 95 percent of Diamond Bar is zoned residential and residential zoning includes group homes by right which means that the entire City may be open to providing that type of shelter. MAY 27, 2008 PAGE 2 PLANNING COMMISSION WORKSHOP Mr. Douglas said that the focus on this law and most other laws that relate to the Housing Element is not necessarily on what "is," but what the zoning allows. So, the question is, does the City's zoning allow a non-profit to open up a homeless shelter someplace in the City. CDD/Fong said the City would let the property owners know that the property was being rezoned to allow for a homeless shelter. Mr. Douglas said it was a two-step process: Amend the Zoning Code, which would require public hearings and City Council action. If the Code were amended to allow homeless shelters in certain areas it would be a simple process for individuals to go to the counter at City Hall and go through plan check. CDD/Fong said that another option/opportunity would be to arrange with a non-profit agency to provide shelter for homeless individuals if HCD would approve such a scenario. Mr. Douglas said that all cities are subject to the law so that no one jurisdiction gets burdened by more than its fair share. Mr. Douglas reiterated to C/Lee that the state's Housing Law sets forth what every city has to include in its Housing Element of the General Plan. The State Department of Housing and Community Development (HCD) has the authority to review and give its opinion as to whether or not it complies with state law, which differentiates the Housing Element from every other element of general plans. If the state does not certify the City's Housing Element, jurisdictions that take advantage of grant programs could lose their eligibility for those grant funds. The other concern is that if the State says that the Housing Element is not in compliance it creates a possible legal exposure if someone were to sue the City because the General Plan was not in compliance with state law. A few jurisdictions have been sued on those grounds. Mission Viejo was sued a couple of years ago and the court ordered that jurisdiction to amend their Housing Element and to rezone property. C/Lee asked if there was a certain percentage of low, medium and high density the City must have. Mr. Douglas said the formula was not based on percentages, but on the Regional Housing Needs Assessment (RHNA) fair share allocation. On that basis, Diamond Bar's allocation was for 463 lower income units and Diamond Bar does not currently have any capacity because the maximum density for the City is 20 units per acre. C/Lee asked if there were any candidates and CDD/Fong said there was no 15 -acre parcel available. C/Lee asked how it could be done and CDD/Fong said that the City had to demonstrate that it would look into alternatives. For example, KMart is an area that could be considered in the future as a specific plan with a mixed-use that would include residential units. The City would not be penalized if no one wanted to build the units but the City has to demonstrate that it could be accomplished by setting aside enough acreage to accommodate the necessary units. IDRAFT MAY 27, 2008 PAGE 3 PLANNING COMMISSION WORKSHOP Mr. Douglas said that the state is requiring the City to have a program so that within the Housing Element there is a "program" commitment to evaluate potential sites over the next couple of years and select appropriate areas for zone change. C/Lee asked if there was any mixed-use development in Diamond Bar and CDD/Fong responded that there was no vertical mixed-use. Kmart could be redeveloped as a mixed-use development with commercial, residential and institutional components. The City would have to create zoning for vertical mixed use. Mr. Douglas pointed out that Rancho Cucamonga recently built a new project across from city hall at Haven and Foothill that contains retail on the ground floor with two levels of apartments above. Brea, Tustin, and other cities have these types of mixed-use projects. C/Lee had concerns with vertical mixed-use zones because he felt it was not good for the type of living environment that Diamond Bar currently enjoys. He would not have the same kind of concerns if a mixed use environment was spread over a larger area. C/Nolan respectfully disagreed with C/Lee. Diamond Bar is out of land and the topography of Diamond Bar is unlike that of Los Angeles. CDD/Fong said it would depend on the mix of use because the uses would have to be compatible. C/Nolan said it seemed to be a desirable trend for those who wanted to be in a livable City that offered those types of amenities. C/Lee said that land use is very limited in Diamond Bar and he is concerned that there are already many people living in the City. The number one problem is traffic. Mr. Douglas continued speaking about CDGB funding, Section 8 rental assistance, and other programs that would continue. C/Nolan asked if there were any significant changes in the Housing Element since the last presentation and Mr. Douglas said that there were no substantive changes. C/Nolan asked what percentage Diamond Bar was built -out and CDD/Fong referred the Commission to the Land Inventory Appendix B that lists potential vacant sites that might be available. Diamond Bar has only a few relatively small sites. The inventory contains more than enough to meet the RHNA number except that most of the sites are either moderate or upper. It does not mean that one of the sites could not be designated for low and very low income — affordable housing. iR DRAFT MAY 27, 200E PAGE 4 PLANNING COMMISSION WORKSHOP CDD/Fong indicated to VC/Torng that the Housing Element is updated each six years. However, the General Plan must be reported to the state annually and part of the General Plan report is the Housing Element. C/Lee asked what people could sue the City for and ACA/ Kovacevich said that if a homeless shelter was not zoned by right it could be grounds for suing the City. The most the court could do under that scenario would be to order the City to identify a site or issue a permit. Also, courts generally award attorney's fees and ultimately advocating no responsibility to the court. Cities have much less control over what will happen if the responsibility is ceded to a court. That is why it is important to try and reach the goals and timeline for getting the Housing Element certified. In short, if the City has not done what it is supposed to do a judge that knows nothing about the City would end up deciding the matter for the City were the City to lose its case. Therefore, it is incumbent upon the City to do what it can to try and achieve those goals and do so in good faith. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Torng adjourned the Housing Element Workshop at 6:50 p.m. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Tony Torng, Vice Chairman 2DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 27, 2005 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, and Vice Chairman Tony Torng, Absent: Commissioner Jack Shah and Chairman Steve Nelson were excused. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Kimberly Molina, Associate Engineer; Gregg Kovacevich, Assistant City Attorney; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. SPECIAL PRESENTATION: VC/Torng and the Planning Commissioners presented a Plaque to Ann J. Lungu, Associate Planner on the occasion of her retirement from the City of Diamond Bar. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Housing Element Workshop of May 13, 2008. 4.2 Minutes of Regular Meeting of May 13, 2008. C/Lee moved, C/Nolan seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah, Chair/Nelson MAY 27, 2008 PAGE 2 5. OLD BUSINESS: None 6. NEW BUSINESS: RDRAFT PLANNING COMMISSION 6.1 CARITAL IMPROVEMENT PROGRAM FOR CONFORMITY WITH THE GENERAL PLAN FOR FISCAL YEAR 2008-2909 PT/Alvarez presented staff's report and recommended that the Planning Commission find the Fiscal Year 2008-2009 Capital Improvement Program to be in Conformity with the City's General Plan. C/Nolan asked what the Sycamore Canyon Creek repair would consist of and CDD/Fong responded that the project will restore/repair the habitat by cleaning up the area to keep it natural. C/Nolan asked if the Summitridge Trailhead project was a continuation of a previous project and CDD/Fong responded that it was part of the Trails Master Plan that the City continues to pursue to completion. CDD/Fong responded to VC/Torng that based on the reduction of the City's budget a number of projects have been reduced. Certain projects receive funding in certain fiscal years. VC/Torng said it was interesting that traffic and parks and recreation items were included in the funding and wondered if the Planning Commission controlled the budget of those two departments. PM/Gubman explained that the Capital Improvement Programs were developed through the Public Works Department. The City Council will ultimately make the decision whether the projects are fiscally prudent. State law requires that before the City Council makes its decision the Planning Commission must find that the programs are in conformity with the City's General Plan to further its goals and policies. The Planning Department is not directly involved in the budgeting of these programs. However, the Planning staff is obligated to present the program to the Commission and provide an analysis that supports its finding that the projects are consistent with the General Plan. There was no one present who wished to speak on this matter. C/Nolan moved, C/Lee seconded, to find the Capital Improvement Program to be in conformitywith the General Plan for Fiscal Year 2008-2009. Motion carried by the following Roll Call vote: nnRAFT MAY 27, 2008 PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, VC/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah, Chair/Nelson 7. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None Offered. 8. STAFF COMMENTS/INFORMATIONAL ITEMS: 8.1 Public Hearing dates for future projects. 9. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:27 p.m. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Tony Torng, Vice Chairman PLANNING COMMISSION 9 1_U, SAI FOR a0 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 --TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER PROJECT LOCATION 7.1 June 10, 2008 Development Review No. 2007-12 Minor Variance 2007-02 2690 Indian Creek Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a 6,753 square -foot, two-story single- family residence, with an attached 968 square -foot garage on a 50,965 square foot parcel of land. The Minor Variance request is to reduce the required front yard setback from 30 feet to 24 feet. PROPERTY OWNERS OT.Ark 1It8] STAFF RECOMMENDATION Slobodan & Branka Batricevich 2656 Indian Creek Road Diamond Bar, CA 91765 Mr. Simon Shum, AIA S & W Development 20272 Carrey Road Walnut, CA 91789 Conditional Approval BACKGROUND: A. Project Description: The applicant requests approval of a Development Review Application to construct a new 6,753 square foot, two-story single-family residence with an attached 968 square foot garage. In addition, the applicant requests approval of a Minor Variance to allow a 20% reduction of the required front yard setback from 30 feet to 24 feet. B. Site Description: The site is located on the east side of Indian Creek Road, south of Country Park Road. It is legally described as Lot 101, Tract 23483 and the Tax Assessor Parcel Number is APN 8713-036-017. The lot contains 50,965 gross square feet of land area (1.17 acres) and it has 151 feet of street frontage. The site has an average slope of 44%. The site slopes in a descending manner from west to east. ANALYSIS: A. Review Authority (Chapter 22.48) and (Chapter 22.521 The construction of a single-family residence requires approval of a Development Review Application. The reduction of the front yard setback from 30 feet to 24 feet requires approval of a Minor Variance. B. Site and Surrounding General Plan Designation, Zoning and Uses Page 2 DR 2007-12 MV 2007-02 General Plan Zone Applicable Uses Designation Development Standards Site Rural R-140,000 RR Vacant Residential (RR) Max 1 DUlac: North Rural R-140,000 RR Residential Residential (RR) Max 1 DU/ac: South Rural R-140,000 RR Vacant Residential (RR) Max 1 DU/ac: East Rural R-140,000 RR Residential Residential (RR) Max 1 DU/ac: West Rural R-140,000 RR Vacant Residential (RR) Max 1 DU/ac: Page 2 DR 2007-12 MV 2007-02 C. Development Review (Chapter 22.48) Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for Residential Development in the RR (40,000) Zone: Development R-1(40,000) RR — Meets Feature Development Proposed Requirements Standard No Front setback 30 feet 24 feet * *(Approval of Minor Variance Required) 15 ft on one side and 10 ft on 10'-0" - North side Yes Side setbacks the other 35'-0"- South side 25 ft between structures on 25 ft between structures adjoining parcels on adjoining parcels 25 ft from property line or 25 ft. from edge of Rear setback buildable pad on a descending buildable pad and Yes slope whichever is applicable average more than 25 ft Lot coverage 30% 8% Yes 4 -ft to create a building pad Retaining Wall Height 6 -ft. permitted 7 feet max. Yes 7 -ft allowable by Director Building height limit 35 feet maximum 35 feet Yes Landscaping 50% of Front Yard 58% Yes One permitted Number of driveways If site has 70 ft. of frontage two 1 driveway Yes are permitted Width of Drive 14 ft. maximum permitted 14 ft. Yes Approach Parking 2 spaces fully enclosed 4 spaces fully enclosed Yes 2. Site and Grading: The building pad is to be created at the westerly portion of the site using a series of four tiered retaining walls. The heights of the retaining walls vary from four feet to seven feet. This design solution is an approach that has been used by many developers to create a level building pad on steep sloping parcels of land. The applicant indicates that the project will require a cut of 400 cubic yards and the import of 1,700 cubic yards of fill to create the building pad. 3. Elevations: The architectural style is a "French Country" design with mansard roofs, flat concrete roof tiles, faux precast smooth stucco walls, cultured stone veneer, concrete window and door surrounds, and multi - paned windows. The exterior color and material palette consists of earth tones in order to soften the building's visual impact in relation to its hillside setting. Page 3 DR 2007-12 MV 2D07-02 4. Landscaping: A tree survey of the site was prepared and noted that only two Black Walnut trees will be removed from the site in order to create the proposed building pad. One of the existing black walnut trees is smaller than that specified for protection in the City's trees preservation ordinance. Staff recommends that at least four (4) 24 -inch box Black Walnut trees be planted on site. One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (Section 22.24.010 DBDC). The preliminary landscape plan delineates the species of the proposed plant materials to be used throughout the site. The plan provides for a variety of grasses and ground cover, flowering plants, and shrubs and trees. The subject property is located in a very High Fire Hazard Severity Zone, and the landscape plan is subject to the L.A. County Fire Department's Fuel Modification Plan Guidelines. The proposed landscape plan indicates that over 58% of the required front yard will be landscaped with plant material. D. Compliance with Hillside Management Ordinance The proposed project has been reviewed for compliance with the City's Hillside Manage Design Guidelines and regulations. The height of the dwelling unit will not exceed 35 feet as measured from the finished grade to the highest ridge beam and, therefore, complies with the City's maximum allowable building envelope. E. Minor Variance Review The applicant requests approval of a Minor Variance to reduce the required front yard setback from 30 feet to 24 feet (i.e., a 20% reduction.) Staff reviewed Minor Variance request for compliance with the findings of fact set forth in Section 22.52.040 DBDC. The steep terrain impacts the applicant's ability to comply with the front yard development standard. To comply with the standard additional high retaining walls would be required. A substantial amount of additional grading and fill would be required. The City's goal of minimizing grading of the natural slopes will be impacted if the reduced front yard setback is not granted. It is staffs opinion that the goal to minimize grading outweighs the benefits of holding this project to the Development Code's front setback requirement; in light of this conclusion, staff recommends that the Commission grant the requested Minor Variance. F. Additional Review The Public Works Department and Building and Safety Division reviewed this project. Their comments have been incorporated into the recommended conditions of approval. Page 4 DR 2007-12 MV 2007-02 G. z HOA Review The Diamond Bar Country Estates Homeowners Association has approved the proposed project. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed dwelling unit is compatible with the existing neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 (New Minor Development) and 15332 (In -Fill Development) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution conditionally approving Development Review No. 2007-12 and Minor Variance No. 2007-02. Prepared by: David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: Reviewed by Greg Gubman, AICP Planning Manager 1. Draft Resolution of Approval with required findings 2. Aerial Photograph 3. Exhibit "A" — site plan, floor plan, building elevations, conceptual grading plan, and landscape plan. Page 5 DR 2007-12 MV 2007-02 PLANNING COMMISSION RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-12 AND MINOR VARIANCE NO. 2007-02 FOR THE REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE AND REDUCE THE REQUIRED FRONT YARD SETBACK ON LOT NO. 101 OF TRACT 23483, LOCATED AT 2690 INDIAN CREEK ROAD, (APN: 8713-036-017) A. RECITALS The Planning Commission considered an application filed by Mr. Simon Shum, AIA of S & W Development, on behalf of the property owner, Slobodan and Branka Batricevich, requesting approval of plans to construct a new two-story, 6,753 square foot two-story single-family residence with an attached 968 square foot garage on a 50,965 sq. ft. parcel of land ("Project"). The Project also includes the reduction of the front yard setback from 30 -feet to 24 -feet. The location of the proposed project is 2690 Indian Creek Road. 2. The subject property is zoned RR (40,000) and it contains 50,965 square feet (1.17 acres) of gross land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 101, Tract 23483 and the Assessor's Parcel Number is (APN) 8713-036-017. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valley Bulletin newspapers and property owners within a 500 - foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and the notice was posted at three other locations within the project vicinity. 5. On June 10, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Development Review No. 2007-12 Minor Variance No. 2007-02 Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zoning district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence is consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent, in terms of mass, scale and appearance, with the surrounding single-family neighborhood. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed developmept and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. 2 Development Review No. 2007-12 Minor Variance No. 2007-02 The project's design and use of construction materials are of high quality, and are consistent with other single-family residences in the surrounding neighborhood. e. The proposed project will not be detrimental to the 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. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. MINOR VARIANCE a. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self- created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Minor Variance is requested to reduce the front yard setback from a required minimum of 30 feet to 24 feet. The project site has a steep natural slope of 44%, making it imperative for the project to stay as close to the street as possible in order to minimize the driveway slope and the elevation difference between the street and the garage. Moreover, to achieve the required depth of the front yard a substantial amount of additional grading will be required and additional retaining walls would have to be constructed, which conflicts with the City's goal to maintain as much of the environment as possible in a natural state. In light of these facts, the granting of the requested Minor Variance is an appropriate means to help achieve this goal. b. Granting the Variance/ Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity an zoning district and denied to the property owner for which the Variance/ Minor Variance is sought. The granting of the requested Minor Variance will allow the subject property to be developed and used in a manner similar to that which is enjoyed by other properties in the vicinity which are not similarly encumbered by the topographical conditions constraining the subject property. c. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. 3 Development Review No. 2007-12 Minor Variance No. 2007-02 The Minor Variance is consistent with the General Plan. A goal of the General Plan is to preserve the environment in a natural state when possible. The granting of the Minor Variance will substantially reduce the amount of grading needed to create a building site. d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The requested variance affects only the property in question. The reduction in the front yard setback is consistent with the development techniques used in similar situations. e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall provide the Director with adequate detailed information to support the issuance of a Tree Removal Permit. (3) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (4) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) The landscape plan shall include the replacement of all protected trees that are removed from the site in order to accommodate the 4 Development Review No. 2007-12 Minor Variance No. 2007-02 proposed development. At least four (4) 24 -inch box black walnut trees shall be planted on-site. (6) A certified arborist shall provide mitigation measures that will be used during grading and construction to ensure that the remaining protected trees shall not be negatively impacted by the construction activity. (7) The maximum exposed face of any retaining wall shall not exceed seven feet. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant, Mr. Simon Shum, S & W Development, 20272 Carrey Road, Walnut, CA 91789 and the property owner Slobodan and Branka Batricevich, 2656 Indian Creek Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 10th DAY OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, 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 10th day of June 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Community Development Director 5 Development Review No. 2007-12 Minor Variance No. 2007-02 (DltlXOND COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT NO: Development Review No. 2007-12 & Minor Variance N0. 2007-02 SUBJECT: Construction of a new 2 -story Single -Family Dwelling PROPERTY Mr. & Mrs. Slobodan Batricevich OWNER: 2656 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Mr. Simon Shum, AIA S & W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 2690 Indian Creek Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2007-06 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. 6 Development Review No. 2007-12 Minor Variance No. 2007-02 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-12 and Minor Variance No. 2007-02 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 applicant pays 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 zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008-_, Standard Conditions, and all environmental mitigations shall be included on the plans. 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. 5. 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. Site, grading, landscape/irrigation and roof plans, elevations and sections 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Development Review No. 2007-12 Minor Variance No. 2007-02 B. FEES/DEPOSITS 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 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. 3. Prior to issuance of a grading, the applicant shall submit fees and receive review approval for Tree Removal Permit. C. TIME LIMITS The approval of Development Review No. 2007-12 and Minor Variance No. 2007-02 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050(b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 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, collectively referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. 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. 3. All roof mounted equipment shall be screened from public view 4. 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 owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 8 Development Review No. 2007-12 Minor Variance No. 2007-02 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to screen the retaining walls. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all vegetation is in satisfactory condition. F. SOLID WASTE 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and shall incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity, which disturbs one acre or greater soil, a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 9 Development Review No. 2007-12 Minor Variance No. 2007-02 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS Prior to grading plan submittal, a Geotechnical Engineer, licensed by the by the applicant for approval by the City. geotechnical report prepared by a State of California, shall be submitted 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six (6) foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 10 Development Review No. 2007-12 Minor Variance No. 2007-02 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Permission must be obtained from adjacent property owners if proposed drainage flows on to their property. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK Applicant shall obtain sewer connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 11 Development Review No. 2007-12 Minor Variance No. 2007-02 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the requirements of the City and the Los Angeles County Public Works Division. G. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 6. Specify 5/8" type X drywall between the garage and the house. 1-3/8" solid core self closing door between the house and garage. 7. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. "Separate permits are required for pool, spa, pond and tennis courts" and shall be noted on plans if applicable. 9. A height survey may be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: 12 Development Review No. 2007-12 Minor Variance No. 2007-02 a. Each building square foot b. Each building height G. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 12. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 13. Please submit a total of five (5) full sets of the Planning Division/Commission approved plans including the grading for review to the Building & Safety Division. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 15. All balconies shall be designed for 601b. live load. 16. Guardrails shall be designed for 20 Ib load applied laterally at the top of the rail. 17. Indicate all easements on the site plan. 18. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 19. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 20. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 21. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 22. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 13 Development Review No. 2007-12 Minor Variance No. 2007-02 23. Specify location of tempered glass as required by code. 24. Specify 1 /4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 25. The Los Angeles County Health Department and the California Water Control Board shall approve private property sewer/septic system. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. 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 any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. 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ECCE{If€ :90�NOLL�f11118N070NY N�1430 N3N F -Q y G C� [� 90 .4 �0 3: rr r ?!�'I" ��``. �` BATRICEVICH RESIDENCE 2690 Indian Creek, Diamond Bar, CA 91765 EAGLE ROOFING TILE Style: Belair No. 4602 Name: Concord Blend FINISHES CULTURED STONE Veneer Austin Cobblefield (CSV -2035) LA HABRA STUCCO x-55 French Vanilla (Base 100) SHEET NO.PP.2 BATRICEVICH RESIDENCE 2690 Indian Creek, Diamond Bar, CA 91765 GARAGE DOOR ENTRY DOOR CROWN FOAM MOLDING DENTIL MOLDING COMPONENTS VINYL WINDOW DECORATIVE ELEMENTS SHEET NO.PP.3 'a PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL (909) 839 -7030 -FAX (909) 861-3117---www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: June 10, 2008 CASE/FILE NUMBER: Development Review No. 2008-05 and Minor Conditional Use Permit No. 2008-07 PROJECT LOCATION: 22835 Ridge Line Road Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to remodel and repair fire damage to an existing single-family dwelling by adding 2,270 square -feet of living area, and to construct a 475 square -foot gazebo over an existing single -story accessory structure. The subject property is nonconforming in that the existing front yard setback is less than 30 -feet. The applicant is requesting approval of a Minor Conditional Use Permit to expand the size of the nonconforming structure. PROPERTY OWNERS: Dr. George Madanat 22835 Ridge Line Road Diamond Bar, CA 91765 APPLICANTS: Mr. Agop Khanjian 272 N. Michigan Avenue Pasadena, CA 91106 STAFF RECOMMENDATION: Conditional Approval BACKGROUND: A. Project Description: The applicant requests approval of plans to remodel and repair fire damage to an existing 3 -story single-family dwelling unit by adding 2,270 square -feet of additional living area, and to construct a detached 475 square -foot gazebo over the existing single -story dressing room. The proposed improvements include a new staircase; a 428 square -foot sauna and steam room on the first floor; a new staircase and deck with a sunroom on the second floor; and a new staircase, deck, study, bath and laundry room on the third floor. The existing dwelling unit has a front yard setback of less than 30 -feet (27'-7"); therefore, the structure is considered nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit per Chapter 22.56 of the Diamond Bar Development Code (DBDC). B. Site Description: The rectangular, 65,340 square -foot (1.5 acre) project site fronts on Ridge Line Road. The site is fully developed with a single-family residential estate dwelling unit. The existing building suffered fire damage and it has been vacated pending the proposed improvements. The site is legally described as Lot 29, Tract No. 30091, Map Book 789, and Pages 7 through 25. The Assessor's Parcel Number is 8713-005-005. ANALYSIS: A. Review Authority (DBDC Chapters 22.48 and 22.56) The addition to and the reconstruction of a single-family residence requires approval of a Development Review Application. Expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. B. Site and Surrounding General Plan, Zoning and Uses Table 1 DR 2008-5 & MCUP 2008-7 PAGE 2 General Plan Zone Applicable Development Code Standards Uses Site Single Family Residential R-1 (40,000) RR Residential North Single Family Residential R-1 (40,000) RR Open Space South Single Family Residential R-1 (40,000) RR Vacant East West Single Family Residential Single Family Residential R-1 (40,000) R-1 (40,000) RR RR Vacant Residential DR 2008-5 & MCUP 2008-7 PAGE 2 C. Development Review (22.48) 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the RR (40,000) Zone: Table 2 Development Feature RR — Development Proposed Meets Standard Requirements Minimum lot area 1 Acre 1.5 Acres (65,340 sq. ft.) Yes Residential density 1 single-family unit per lot 1 single-family unit Yes Front setback 30 feet 2T -T feet No (Minor CUP required) 15 feet on one side and 10 10'— East side Side setbacks feet on the other & not less 21 "' West & Yes than 25 feet between at least 25' between structures on adjoining parcels adjacent structures 25 feet from property line or 25 40 ft. from edge of Rear setback ft. from the edge of a descending slope Yes descendin sloe Lot coverage 30% 4.0% Yes Building height limit 35 feet maximum 35 feet Yes Landscaping 50% of Front Yard 60% Yes Parking 2 spaces fully enclosed 3 spaces fully enclosed Yes 2. Site and Grading: The site slopes steeply downward in a northerly direction. The proposed building pad is located at the top of the slope and has a commanding view of the surrounding area. Due to the minor nature of the proposed additions to the existing structure, the proposed project will only require 5 cubic yards of cut and 4 cubic yards of fill. 3. Elevations: The architectural style is a "California Eclectic" design with concrete tile roof treatment, smooth stucco walls, concrete appearing window and door surrounds, and multi -paneled windows. The applicant has indicated that earth -toned shades will be used for the exterior finish to soften the building's visual impact in relation to its hillside setting. DR 2008-5 & MCUP 2008-7 PAGE 3 4. Landscaping: One of the main purposes of landscaping is to protect the public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment (DBDC Section 22.24.010). The site is fully landscaped. The proposed project will result in minor modifications to the existing landscape palette. The preliminary landscape plan delineates the species of the proposed plant materials to be used throughout the site. The plan provides for a variety of turf, ground cover, flowering plants, shrubs and trees. The subject property is located in a Very High Fire Hazard Severity Zone and the landscape material is subject to compliance with the L.A. County Fire Department's Fuel Modification Plan's Guidelines. The applicant indicates that no existing mature or protected trees will be disturbed or removed as part of this project. If mature trees are to be removed, then a replacement schedule will be adhered to. The replacement schedule would be 2:1 for non -protected trees and 3:1 for protected trees. Staff will verify, during the plan check and construction phases of the project, that appropriate protective barriers will be provided around any trees that may be affected by construction activities. D. Additional Review The Public Works Division, Building and Safety Division, and the Fire Department reviewed this project. Their comments are included in both the report and the recommended conditions of approval. E. HOA Review The Diamond Bar Country Estates Homeowners Association (HOA) approved the proposed project. F. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the adopted goals and objectives as set forth in the General Plan. The proposed project will not negatively affect the existing surrounding land uses and the design is compatible with the existing neighborhood. DR 2008-5 & MCUP 2008-7 PAGE 4 NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (repair of existing facilities), 15303 (new small structures) and 15332 (In -fill development) of the CEQA guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution approving Development Review No. 2008-05 and Minor Conditional Use Permit No. 2008-07 based on the findings set forth under Sections 22.48.040 and 22.56.040 of the Development Code, subject to conditions. Prepared by: Reviewed by David D. Meyer LDM Associates, Inc. Planning Consultant Attachments: Greg Gubman, AICP Planning Manager 1. Aerial Photograph 2. Draft Resolution of Approval with required findings; 3. Exhibit "A" — grading plan, site plan, floor plan, elevations, and landscape plan. DR 2008-5 & MCUP 2008-7 PAGE 5 PLANNING COMMISSION RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2008-05 AND MINOR CONDITIONAL USE PERMIT NO. 2008-07 FOR THE REQUEST TO REMODEL AND EXPAND AN EXISTING NONCONFORMING THREE-STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 29 OF TRACT 30091, LOCATED AT 22835 RIDGE LINE ROAD, (APN: 8713-005-005) A. RECITALS The Planning Commission considered an application filed by Mr. Agop Khanjian, on behalf of the property owners, Dr. & Mrs. George Madanat, requesting approval of plans to remodel and repair fire damage of an existing nonconforming single-family dwelling by adding 2,270 square -feet of living area and constructing a detached 475 square -foot gazebo over the existing single - story dressing room at 22835 Ridge Line Road. The subject property is nonconforming in that the existing front yard setback is less than 30 feet. The applicant is requesting approval of a Minor Conditional Use Permit to expand the size of the nonconforming structure. 2. The subject property is zoned RR (40,000) and it contains 65,340 square -feet (1.50 acres) of gross land area. The property in question is subject to the Rural Residential (RR) Development Standards. 3. The subject property is legally described as Lot 29, Tract 30091 and the Assessor's Parcel Number is (APN) 8713-005-005. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and at three other locations within the project vicinity. 5. On June 10, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15301 (repair of existing facilities), 15303 (new small structures) and 15332 (In -fill development) of the CEQA Guidelines. 3. Based upon the information contained staff report and testimony given at the hereby finds as follows: DEVELOPMENT REVIEW in the submitted plans, the associated public hearing the Planning Commission a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed remodel and additions to the existing single-family residence are consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent, in terms of mass, scale and appearance, with the surrounding single-family dwellings. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. Public and private improvements are available to support the proposed project and the surrounding neighborhood. The proposed remodel and additions to the existing single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed remodel and additions to the existing single-family residence are consistent with the goals and objectives of the adopted General Plan. The proposed project is compatible with the mass, scale and appearance of the surrounding dwelling units. The proposed project is the repair of a fire damaged dwelling and the minor expansion of the unit. The facade modifications will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its 2 Planning commission Resolution No. 2008-_ neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the surrounding neighborhood. e. The proposed project will not be detrimental to the 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. The proposed remodel and additions to the existing single-family residence are consistent with the anticipated development pattern for the neighborhood and will not negatively impact the public health, safety or general welfare. MINOR CONDITIONAL USE PERMIT a. The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provision of this development code and the Municipal Code; The existing single-family dwelling is a permitted use in the RR 40,000 zone. The substandard front yard setback renders the project nonconforming. The expansion of a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed addition of 2,270 square -feet of enclosed floor area complies with the development standards of the RR 40,000 zone. b. The proposed use is consistent with the general plan and any applicable specific plan; The proposed expansion of a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling unit and the proposed addition of 2,270 square feet of enclosed floor area is consistent with the development standards for the site and the surrounding neighborhood. d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The subject 1.5 acre site is physically suitable for the existing single- family residential estate type dwelling and the proposed 2,270 square foot expansion. The existing and proposed use of land is consistent with 3 Planning Commission Resolution No. 2008- the surrounding land uses. The proposed addition of floor area is consistent with the development standards for the RR 40,000 zone. e. Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the minor conditional use permit will allow the expansion of the existing single-family dwelling unit to the size of existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not negatively impact the public interest, health, safety convenience or welfare f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) Modifications to the existing landscape palette shall be made in substantial compliance with the preliminary landscape plan approved by the Planning Commission. Any new plant material installed on the site shall comply with the Los Angeles County Fire Department's Fuel Modification Plan. (3) The required landscape plan shall include, if applicable, the in- kind replacement of all protected trees that are removed from the site in order to accommodate the proposed development. Non - protected mature trees that are removed from the site shall be replaced at a ratio of 2:1. Protected mature trees that are removed from the site shall be replaced at a ratio of 3:1. The minimum size of all replacement trees shall be 15 gallon except that at least six (6) of the replacement trees shall be 24 -inch box. The plan shall delineate the location of all trees that will be removed and the location of all new plant material to include the location of the replacement trees. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 4 Planning Commission Resolution No. 2008-_ 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 applicant, Mr. Agop Khanjian, 272 N. Michigan Avenue, Pasadena, CA 91106 and the property owner Dr. & Mrs. George Madanat, 22835 Ridge Line Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 10TH DAY OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, 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 10th day of June 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Nancy Fong, Secretary D�IOND BAR IIS r STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT No: Development Review No. 2008-5 & Minor Conditional Use Permit No. 2008-7 SUBJECT: Remodel and expansion an existing nonconforming single-family residence PROPERTY Dr. & Mrs. George Madanat OWNER: 22835 Ridge Line Road Diamond Bar, CA 91765 APPLICANT: Mr. Agop Khaniian 272 N. Michigan Avenue Pasadena, CA 91106 LOCATION: 22835 Ridge Line Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2008-5 and Minor Conditional Use Permit No. 2008-7 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. 6 Planning Commission Resolution No. 2008-_ (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2008-5 and Minor Conditional Use Permit No. 2008-7 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 applicant pays 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 zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008-_, Standard Conditions, and all environmental mitigations shall be included on the plans. 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. 5. 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. Site, grading, landscape/irrigation and roof plans, elevations and sections 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Division, and the Fire Department. 7 Planning Commission Resolution No. 2008-_ B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Division 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 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 Development Review No. 2008-5 and Minor Conditional Use Permit No. 2008-7 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050(b)(1). The applicant may request in writing a one-year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 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, collectively referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. 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. 3. All roof -mounted equipment shall be screened from public view. 4. 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 owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 8 Planning Commission Resolution No. 2008- 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all slope vegetation is in satisfactory condition. F. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course_ No on-site 9 Planning Commission Resolution No. 2008-_ C. drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. OFF-SITE STREET IMPROVEMENTS (Not required) D. UTILITIES L F. 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. SEWERS/SEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the requirements of the City and the Los Angeles County Public Works Division. TRAFFIC MITIGATIONS (Not required) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair alteration, or demolition work shall be conducted Mon.- Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 10 Planning Commission Resolution No. 2008- 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact SCAQMD at (909) 367-2327. 8. Specify 5/8" type X between the garage and the house. 13/8 solid core self- closing door between the house and garage. 9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 12. Please submit a total of five (5) full the Planning Division/Commission has approved sets of plans including the grading for review to the Building & Safety Division after the plans. 13. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 14. To eliminate safety hazards on existing pools and spas, Health & Safety Code 115928(d) requires installation of anti -entrapment cover whenever a building permit is issued for all remodeling or modification at a single-family home. 15. Indicate all easements on the site plan. 11 Planning Commission Resolution No. 2008-_ Y 16. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 17. All balconies shall be designed for 60 Ib. live load. 18. Guardrails shall be designed for 20 Ib. load applied laterally at the top of the rail. 19. Include grading plans with construction plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. Engineering Department will require separate submittal. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/47ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. 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 any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 -foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 12 Planning Commission Resolution No. 2008-_ 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 13 Planning Commission Resolution No. 2008-_ -Pript - Maps Live Search Maps ® 22835 Ridgeline Rd, Diamond Bar, CA T 91765 My Notes NEW! 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Ii—rO - EiillilE';6i S�aS 1- - i. -i3 f l; =:-E j L1 1 s - g•i=_ � �� i .. i 5•,t I �� i' V �� w _-_ e- c•y a.'se max_ - _ w �� � J} •��. i 2' �•E 4Al §say: .Z�,! eeys -__shay i I g 1 ;e is a v5: r` a ;$'a�•!{{�+i+ 3'QQ4�}� �3_y vs=. '3z:3S-- tl e�• 1 7 E Ilk ! a7� 4 _ rY --_ viEt. —F: •_Y: C= �! � ,egRRRRl-- — li s 38Y�� Y4iJ : 4)w o m • fill"2Fj � P 1 =jli�ir - , A �!u ► — Ufa 1 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 --FAX (909) 861-3117—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.3 MEETING DATE: June 10, 2008 CASEIFILE NUMBER: Development Review No. DR 2008-09 & Tree Permit No. 2008-02 PROJECT LOCATION: 2738 Clear Creek Lane Diamond Bar, CA 91765 APPLICATION REQUEST: To construct a 4,754 square -foot, two-story, single- family residence with an attached 770 square -foot three -car garage on an existing 54,010 lot and the protection and preservation of one oak tree. PROPERTY OWNER APPLICANT: Ashley D. Tran 8940 Deira Lane Anaheim, CA 92804 Paul Kaitz PK Development 2739 Steeplechase Lane Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: The applicant, requests approval of plans to construct a 4,754 square -foot, two-story, single-family residence with an attached 770 square foot three -car garage, and a tree permit to protect and preserve one oak tree located in the front yard. The project site is located near the terminus of Clear Creek. The project site is a generally rectangular shaped vacant lot containing 54,010 square feet (1.24 acres). On January 28, 2003, the proposed project was approved by the Hearing Officer via Resolution 2003-02. However, the applicant was not able to begin construction prior to project approval expiration date, and has resubmitted an application to commence the construction of the originally approved plans. ANALYSIS: A. Review Authority (DBMC § 22.48) The Planning Commission is the review authority for the construction of a single- family residence via a Development Review application. B. Site and Surrounding General Plan, Zoning, and Uses C. Development Review (DBMC 4 22.48) Page 2 Development Review 2008-09 & Tree Permit No. 2008-02 General Plan Zone Applicable Uses Designation Development Code Standards Site Rural Residential R-1 (40,000) RR Single Family Residence North Rural Residential R-1 (40,000) RR Single Family Residence South Out of City N/A N/A Firestone Boy Scout Reservation East Out of City N/A N/A City of Chino Hills West Rural Residential R-1 (40,000) RR Single Family Residence C. Development Review (DBMC 4 22.48) Page 2 Development Review 2008-09 & Tree Permit No. 2008-02 1. Residential District General Development Standards: The following table compares the proposed project with the City's Development Standards for residential development in the Rural Residential Zone: Development Standards Comparison Table Development Development Proposed Meets Feature Standards Requirements Front setback 30 feet Approximately 60 feet Yes Side setbacks 15 feet and 10 feet 11 feet- North Yes 32 feet- South Side yard minimum 45 feet- North & Yes between structures 25 feet 53 feet- South on adjoining parcels Rear setback 25 feet Approximately Yes 70 feet Lot coverage 30% 8% Yes Building height limit 35 feet maximum 33 feet Yes Hillside As required by Two -Story Development Chapter 22.22 Dwelling Yes Hillside Mgt.).. Landscaping 50% of the front yard o /o Yes in landscaping50 Walls located in the 3'-6" 3'-6" Yes 30 foot front setback 2 spaces fully 3 spaces fully Parking enclosed garage enclosed Yes (20'x20') Page 3 Development Review 2008-09 & Tree Permit No. 2008-02 2. Site and Grading The project site has an upward slope of approximately 66.7 percent in an easterly direction. A proposed building pad will be located towards the center of the lot. The plans indicate 503 cubic yards of cut and 495 cubic yard of fill will be required. There will be no import or export volumes to be added or removed from the site. 3. Architectural Features, Colors, Materials, Floor Plan, Etc. The architecture of the proposed single-family residence is Mediterranean, with features to include the following: tile roof, smooth stucco walls, multi - paned windows with molding trim surrounding the doors and windows. The architectural design and colors are consistent with the surrounding architecture of the neighborhood. The proposed dwelling units contain four bedrooms and four bathrooms. The first floor includes a three -car garage on the south side of the structure, as well as a library, den, laundry room, and two bedrooms. The second floor contains a master bath, located above the three -car garage, the master bedroom, living room, dining room, kitchen, nook, family room, and a bedroom. Staff recommends the following architectural enhancements, which can be addressed during plan check: Front (West) Elevation o Adjust the vertical proportions at the entry o Address the incomplete -appearing window surrounds at Bedroom #1 and the garage (located at the left and right sides of the first floor, respectively) o Revise the awkward wall recess and column treatment at Bedroom #1 and #2 o Replace the three -over -one window grids at Bedroom #2 with full grids to match the rest of the windows. • Right (South) Elevation -Add grids to the windows. Staff has included a condition to resolve these design issues for the Planning Commission to consider. 4. Landscaping and Preserved/Protected Trees (DBMC § 22.24) A preliminary landscape plan was submitted and reviewed as part of the application. The applicant has proposed front yard landscaping, which greatly exceeds the required 50 percent. The landscape plans also show Page 4 Development Review 2008-09 & Tree Permit No. 2008-02 landscaping around the main dwelling to enhance the building. One oak tree is located within the 30 -foot front yard setback. The applicant has submitted an application to protect and preserve this tree, which is outlined in the arborist report, dated July 17, 2002. The report indicates the tree's aesthetic condition and general health appears to be good; however, it is infested with insects and disease. The report recommends protective measures pursuant to Development Code Section 22.38. Given that the report was completed six years ago, staff has included a condition for the applicant to submit an updated Arborist Report, which shall include recommendations and/or mitigations for the existing tree. 5. Covenant and Agreement A condition of approval requires the property owner to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. 6. HOA and Additional Review The subject site belongs to the Diamond Bar Country Estates Homeowners Association, which have reviewed and approved the proposed development. The Public Works Department and the Building and Safety Division reviewed this project. Their comments are included in both the report and the approval conditions. D. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed dwelling unit is compatible with the existing neighborhood. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 (a) of the CEQA Guidelines (new construction of one single-family residence). Therefore, no further environmental review is required. Page 5 Development Review 2008-09 & Tree Permit No. 2008-02 NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. RECOMMENDATION: Staff recommends that the Planning Commission conditionally approve Development Review No. 2008-09, and Tree Permit No. 2008-02 Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. Prepar David Alvarez Assistant Planner Reviewed b Greg Gubman, AICP Planning Manager Attachments: 1. Draft Resolution; 2. Administrative Review Resolution No. 2003-02; 3. Aerial; 4. Exhibit "A"- site plan, floor plans, roof plan, elevations, and sections. Page 6 Development Review 2008-09 & Tree Permit No. 2006-02 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2008-09 AND TREE PERMIT NO. 2008-02, TO CONSTRUCT A NEW 4,754 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 770 SQUARE -FOOT THREE -CAR GARAGE ON A 54,014 SQUARE FOOT (1.24 ACRE) LOT, LOCATED AT 2738 CLEAR CREEK LANE (APN: 8713-039-002, LOT 02, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owner, Ashley Tran, and applicant, PK Development, have filed an application for Development Review No. 2008-09, and Tree Permit No. 2008- 02, for property located at 2738 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and Inland_ Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 10, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. 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; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA) and Guidelines promulgated there under. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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 wildlife 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 site is located at 2738 Clear Creek Lane (Lot 02 of Tract 30577), Diamond Bar, California; (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum Dwelling/Lot; (c) The project site is within the Single Family Residence -Minimum Lot Size of 1 -acre (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone; (d) Generally, to the north is Single Family Residential -Minimum Lot Size of 1 -acre (R-1-40,000) zone; to the east is out of city limits; to the south is the Firestone Boy Scout Reservation; and to the west is Single Family Residential- Minimum Lot Size of 1 -acre (R-1-40,000). (e) The Application request for the construction of a new 4,754 square - foot, single-family residence with an attached 770 square -foot three - car garage on an existing 54,010 square -foot (1.24 acre) lot. 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); On July 25, 1995, the City adopted its General Plan. Although Tract No. 30577, Lot 02 (project site) was established prior to the City's incorporation and General Plan's adoption. The application complies with the City's General Plan's elements, objectives, and strategies 2 related to maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (minimum lot of 1 -acre) land use designation. The proposed project consists of a new 4,754 square -foot, single- family residence with an attached 770 square -foot three -car garage. Hence, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for the surrounding area and is consistent with other development in this surrounding community. The proposed project will maintain the integrity and not degrade this residential area. As a result, 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 projects architectural style (Mediterranean), architectural style, colors and material will match other existing homes within the community. (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; With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed construction of a new 4,754 square -foot, single-family residence with an attached 770 square -foot three -car garage established in the surrounding community and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will 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 style of the proposed site is a typical Mediterranean design. The compatibility of the proposed project with the surrounding residences is consistent with the City's Development Review N Standards, City Design Guidelines and City's General Plan. As a result, the proposed project 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. There is not an applicable specific plan for this area. (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 (t), (g), and (h), 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 and 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; 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); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303 (a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: a. Planning Division (1) The project shall substantially conform to site plan, floor plans, roof plan, elevations, and sections collectively labeled as Exhibit "A" dated June 10, 2008, as submitted and approved by the Planning Commission, and as amended herein; (2) Prior to plan check approval, the applicant shall make the following revisions to the architectural elevations to the satisfaction of the Director: Front (West) Elevation o Adjust the vertical proportions at the entry o Address the incomplete -appearing window surrounds at Bedroom #1 and the garage (located at the left and right sides of the first floor, respectively) o Revise the awkward wall recess and column treatment at Bedroom #1 and #2 o Replace the three -over -one window grids at Bedroom #2 with full grids to match the rest of the windows. • Right (South) Elevation- Add grids to the windows. (3) Prior to grading or building permit issuance, the applicant shall submit an updated arborist report providing mitigations and/or mitigations for the protections and preservation of the one oak tree; (4) The applicant shall place a chain link fence with a minimum height of five feet at least five feet outside the drip line of the oak tree to be protected and preserved prior to commencement of work; (5) The maximum exposed face of any retaining wall shall not exceed six feet in height. The walls shall be constructed of decorative masonry materials approved by the Director. All retaining walls shall be screened with approved landscape materials; (6) The property owner shall execute and record a Covenant and Agreement to maintain a single-family residence. b. PUBLIC WORKS DIVISION (1) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's 5 requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the walls and elevations of the top of walllfooting and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; (2) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (3) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through April 15. 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; C. BUILDING AND SAFETY (1) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (2) 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; (3) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; d. STANDARD CONDITIONS (1) The applicant shall comply with the standard development conditions attached hereto; N 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: Ashley Tran, 8940 Deira Lane, Anaheim, CA 92804 and P.K. Development, Attention: Paul Kaitz, 2739 Steeplechase Lane, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 10th OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 3'3 Steve Nelson, Chairman I, Nancy Fong, 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 10th day of June 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No 2008-09 and Tree Permit No. 2008-02 SUBJECT: New two-story Single Family Residence PROPERTY OWNER: Ashley Tran APPLICANT: Paul Kaitz LOCATION: 2738 Clear Creek Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2008-09 and Tree Permit No. 2008-02 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 descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2008-09 and Tree Permit No. 2008-02, 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 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008 -XX, 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. 5. 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. Site, grading, landscape/irrigation and roof plans, elevations and sections 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. 0 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 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 priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2008-09 and Tree Permit No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 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, collectively attached hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 10 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites forthe planting of protected/preserved trees and additional species to mask the retaining wall height. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 5. Retaining walls shall not exceed an exposed height of 42 inches as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.). Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE 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. 11 APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. 2. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 3. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 4. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 12 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS (Insert as required) Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. E. SEWERS/SEPTIC TANK Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 2. SEPTIC TANK: The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department, California Water Control Board and the City's Geotechnical Engineer shall approve these plans prior to the issuance of any permits. The property owner shall be required to sign and record the City's Covenant for use of a septic system. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable 14 construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/off, occupant sensor. 6. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 7. Specify 5/8" type X between the garage ceiling and the livable space above. 13/8 solid core self closing door between the house and garage. 8. A height survey may be required at completion of framing. 9. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 10. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. 15 Walnut Valley School District 880 S. Lemon Ave Walnut, CA 91786 (909) 595-1261 11. Please submit a total of 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 12. All balconies shall be designed for 1001b. live load. 13. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 14. Indicate all easements on the site plan. 15. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 18. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 19. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 20. Specify location of tempered glass as required by code. 21. Specify 114"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 22. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 16 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than'/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 17 ADMINISTRATIVE REVIEW RESOLUTION NO. 2003-02 A RESOLUTION OF THE DEPUTY CITY MANAGER OF COMMUNITY AND DEVELOPMENT SERVICES OF THE CITY OF DIAMOND BAR APPROVING ADMINISTRATIVE DEVELOPMENT REVIEW NO.2002-19, TREE PERMIT NO.2002-08 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE- FAMILY RESIDENCE WITH THREE CAR GARAGE, BALCONY AND PORCH TOTALING APPROXIMATELY 5,700 SQUARE FEET. THE REQUEST ALSO INCLUDES THE PROTECTION AND PRESERVATION OF ONE OAK TREE LOCATED WITHIN THE FRONT YARD AND RETAINING WALLS VARYING IN HEIGHT WITH MAXIMUM EXPOSED HEIGHT OF EIGHT FEET. THE PROJECT SITE IS LOCATED AT 2778 CLEAR CREEK LANE (LOT 2, TRACT NO. 30577), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Ashley Tran, and applicant, Lauren Tran, have filed an application for Administrative Development Review No. 2002-19, Tree Permit No. 2002-08 and categorical exemption for a property located at 2778 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Administrative Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On November 25, 2002, public hearing notices were mailed to approximately 18 property owners within a 500 -foot radius of the project site. On November 26, 2002, the project site was posted with a display board and the public notice was posted in three public places. On November 27, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On December 10, 2002, the Deputy City Manager of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the public hearing was continued to January 14, 2003, in order to allow the applicant additional time to address septic system concerns. 4. On January 14, 2003, the public hearing was continued to January 28, 2003, pursuant to the applicant's request for additional time. 5. On January 28, 2003, the continued public hearing was concluded. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Deputy City Manager of the City of Diamond Bar as follows: This Deputy City Manager hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Deputy City Manager hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Deputy City Manager 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 Deputy City Manager 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 Deputy City Manager 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 Deputy City Manager hereby finds as follows: (a) The project site is located at 2778 Clear Creek Lane (Lot 2, Tract No. 30577) within a gated community identified as 'The Country Estates". The project site is a vacant rectangle shaped lot sloping up from Clear Creek Lane to the rear property line and is approximately 54,014 gross square feet (1.24 acres). According to the Tract Map, the project site does not contain any easements or a restricted use area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zones and use surround the project site: to the north and west is the R-1-40,000 zone; to the east is the boundary 2 line for San Bernardino County; and to the south is the Heavy Agriculture -Minimum Lot Size 2 -Acres (A-2-2) zone. (e) The Application request is to construct a two-story single-family residence with three -car garage, balcony and porch totaling to approximately 5,700 square feet and retaining walls within the front rear and side yards with a maximum exposed height of eight feet. The request also includes a Tree Permit to preserve and protect one oak tree located in the northwest portion of the project site within the front yard setback. 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). The project site, a vacant lot of approximately 54,014 gross square feet (1.24 acres) is located within an existing subdivision and gated community that was created prior to the City's incorporation. it was the intent of the subdivision that future development on the project site would be a single-family residence. The property owner plans to construct a two-story single-family residence of approximately 5,700 square feet with a three -car garage, balcony, porch and retaining walls that are consistent with other single-family residences within 'The Country Estates". Additionally, this project has received the approval of `The Country Estates"Architectural Committee. 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 1.24 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. The architectural style of the proposed residence is Mediterranean, which is compatible with the eclectic architectural style within 'The Country Estates." The proposed colors and material of the residence is also compatible with other homes within "The Country Estates. " The proposed colors are earth tones. These earth tone colors will also be utilized for block walls, driveway and concrete walkways. The proposed materials will offer a variety of textures. As a result, the 9 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, consistent with the City's Design Guideline. (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 proposed project is considered infill development within an area that is devoted to high-end single-family residences. The proposed project is consistent with other single-family residences established within "The Country Estates". As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The project site is 1.24 acres and is large enough to accommodate the proposed project as designed. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will be a single-family residence as anticipated. Additionally, Clear Creek Lane adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (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 proposed project's architectural style (as referred to in application) is Mediterranean. Prominent architectural features for the proposed residence includes the style and arrangement of the windows, front balcony and front entry flanked with columns. Color scheme and construction materials are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates. " Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (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 C! 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 and 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); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Deputy City Manager hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated December 10, 2002, as submitted and approved by the Deputy City Manager, 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 5 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. Said plan shall delineate plant species, size, quantity and location. Additionally, the final landscape plan shall delineated deep -rooting vegetation requiring little watering to enhance the stability of slopes within the project site. Plants native to the southern California area and plants relative to native plants shall be utilized. All landscaping/irrigation shall be installed prior to the project's 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) All retaining walls not in the 30 -foot front yard setback shall not exceed an exposed height of 8 feet. Retaining walls within the 30 -foot front yard setback shall not exceed 42 inches in height. (f) The Ouercus Agrifolia, Coast Live Oak tree shall conform to protective measures pursuant to Development Code Section 22.38 — Tree Preservation and Protection and within the tree report prepared by T. Emmerick Takeuchi, a certified arborist for Integrated Solutions related to trimming, grading, excavation, fertilization and pest management, etc. shall be followed. (g) Prior to the issuance of any City permits, the applicant shall install chain link fencing with a minimum height of five feet placed at least five feet outside the Oak tree's drip line and call for an inspection to verify the fencing installation. Said fencing shall remain until final inspection or Certificate of Occupancy is issued. Furthermore, it is required that this tree and its protection zone be delineated on the grading plan. (h) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: A (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) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and (6) Oak tree and its protection zone. (i) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (j) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (k) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (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) Prior to the issuance of any City permits, the applicant shall submit the proposed septic system to Los Angeles County Health Department Engineering Division and the City's Building and Safety Division for review and approval. (n) Prior to the issuance of any City permits, the property owner shall sign, notarize and record a covenant and agreement with the City to commit and not protest the formation of a sanitary sewer district and agree to pump/empty the septic tank at a minimum on a monthly basis. The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (o) The applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (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 "high fire zone" 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., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (t) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (u) All balconies shall be designed for a 40 -pound per square foot live load. (v) 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. (w) 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. (x) 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 L City in writing at least 60 days prior to the expiration date. The Deputy City Manager 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. (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. (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 Deputy City Manager shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ashley Tran, 11083 Trojan Court, Westminster, Colorado 80031, and Lauren M. Tran, 9012 Marie Lane, Garden Grove, CA 92841. APPROVED AND ADOPTED THIS 28TH OF JANUARY 2003, BY THE DEPUTY CITY MANAGER OF THE CITY OF DIAMOND BAR. I, James DeStefano, Deputy City Manager Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted at a regular meeting for Administrative Review held on the 28th day of January 2003. ATTEST: James DeStefino, Deputy City Manager E OWNYR'. IIN.. . fNA!v Am)9NN TIM IJ.AR (:RCEN I,Y ,E cexlrrrn.T E!J'OND YIJYtW:.t,lA M4 SQ. Mi �PL .. GARACE:Tl�551?Yv' '� PAIf \ 1 S.SYj_i6 - r<mu( y. or IT/YYRAC,E: 41YM.7K -AG TYM; OP C(IIVRlYULTIINY Y.N. � `� i Z(mPlC: I.CRI t SITE - NO Sr.. _E. '.. m > f tiVUSE ti� a vWro 7 n �CD 0 X w IQ 0 00 F- F, W L 41 CHECKED' DRAWN UAIE SCALE e° .IUB NO SHFFT 01 SHEET: r _ FL - t i I L , way T [L� - 61E -,AN - SCALE I' > 10' Hyn4N✓ �"� r" y_ r OW�mFA511LGY P. -K OAA. TT3! CLEAR CgCDG RDAP LOi 1, rRAGT NO POET Ucsise; 878AN THE couPrner x Piwrouo euR, en. .. �T78SWpleclfafe lana Dl Ev. CA 97]85 '. a oto U OW�mFA511LGY P. -K OAA. TT3! 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Age A%-. -. or TO: (PLEASE PRINT)r PHONE i 1 1 m z-1 tay� e _ w r ' J I L Customer C Label I 1-F, EXPRESS EM OL63113132 Lis iaAll UNITED STdTES POSTAL SERVICES Post OfficeTo Addressee CITY,qf DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On June 10, 2008, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On June 6, 2008, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 10, 2008, at Diamond Bar, California. Ste a Marque Community opment Department g:Uaffidavi tposting.doc