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Home My WebLink AboutPC 92-06RESOLUTION NO. 92-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING ADMINISTRATIVE DEVELOPMENT REVIEW NO. 92-1 AND AN OAK TREE PERMIT APPLICATION FOR A NEW SINGLE FAMILY RESIDENCE LOCATED AT 2638 E. BLAZE TRAIL, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Paul Kaitz, has heretofore filed an application as described above in the title of this Resolution. -Hereinafter in this Resolution, the project located at 2638 Blaze Trail, Diamond Bar, California, shall be referred to as "the application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, in- cluding the subject application, within the City of Diamond Bar. (iii) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the General Plan, pursuant to the terms and provisions of California Government Code Section 65360. (iv) on February 24, 1992 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on March 9, 1992. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. 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 finds that a Negative -Declaration has been prepared for the project and that the information contained within the Negative Declaration is identified in this Resolution. 3. The Planning Commission hereby specifically finds and determines that, based_ upon ,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, no significant adverse environmental effects will occur. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing on February 24, 1992 and concluded on March 9, 1992, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of Cali- fornia Government Code Sections 65360, the Planning Commission hereby specifically finds as follows: 1. The subject property is located at 2638 E. Blaze Trail in the City of Diamond Bar and is located in the private gated community known as "The Country". 2. The property is located in Zone R-1-20,000 and allows this use as a right of zone permit procedure. The site is approximately 1.5 acres in size and is currently vacant. 3. The applicant's request is for a single fami- ly residence of approximately 9,101 square feet. 4. The surrounding properties are developed with single family residences. 5. The subject site lies within the Diamond Bar Community Plan area Non -urban development. 6. There were no protests to the use prior to the public hearing. 7. Notification of the public hearing for this project has been made. 8. The design and layout of the proposed devel- opment is consistent with the applicable ele- ments of the City's proposed general plan, and design guidelines and architectural cri- RIN IFs — teria of the appropriate district; The design and layout of the proposed devel- opment will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and future developments, and will not create traffic or pedestrians hazards; The architectural design of the proposed res- idence is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the general plan of the City; The design of the proposed development would provide a desirable environment for its occu- pants and visiting public as well as its nei- ghbors through good aesthetic use of materi- als, texture and color that will remain aes- thetically appealing and will retain a rea- sonably adequate level of maintenance. The proposed use will not be detrimental to the public health, safety or welfare or mate- rially injurious to the properties or impro- vements in the vicinity. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning commission hereby approves the application subject to the following restrictions as to use: 1. This permit shall not be effective for any purpose until a duly authorized represent- ative of the owner of the property involved has filed at the office of Diamond Bar Plan- ning Commission his affidavit stating that he/she is aware of, and accepts all the con- ditions of this permit; 2. That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property -must be complied with, unless set forth in the permit or shown on the approved plan; 3. That three copies of the revised plot plan and revised elevation, identified as sheets 14 and 15 presented at the March 9, 1992 public hearing and marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with approved plans. },�,, 4. That the applicant must, comply with all State, Zone R-1, Engineering Department, and Building and Safety Department requirements. 5. This grant is valid for one year and must be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. 6. That all grading, drainage plans and wall plans shall conform to all City standards or as amended by this action. 7. All construction materials must comply with materials board approved by the Planning Commission. 8. The project must be developed in compliance with the landscape plan submitted and appro- ved by the Planning Commission. 9. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the appli- cant prior to the issuance of any building permit or any other entitlement. 10. The oak tree designated for removal shall be replaced as shown on the approved landscape plan. All other oak trees shall be protected for the duration of construction in accordance with Title 22 requirements. 11. A licensed arborist shall manage the location and maintenance plans for the relocated oak tree and h The Planning Commission shall: z (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Reso- lution, to Paul Kaitz at the address as set forth i on the application., .All k - 6 "-n Jambs DeStefano, Secretary I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 9th day of March, 1992. APPROVED AND ADOPTED THIS THE 9TH DAY OF MARCH, 1992 BY THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF DIAMOND BAR. BY: U,e�ck° Groth�e,7 Chairman k^-) ATTEST Jles DeStefano, Secretary I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolu- tion was duly introduced, passed, and adopted by the Planning Com- mission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of March, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS:] Flamenbaum, MacBride NOES: [COMMISSIONERS:] Grothe ABSTAIN: [COMMISSIONERS:] Li ABSENT: [COMMISSIONERS:] Meyer