HomeMy WebLinkAboutPC 93-13RESOLUTION NO. 93-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING VARIANCE
NO. 93-1, AN APPLICATION TO CONSTRUCT A
SERIES OF RETAINING WALLS IN EXCESS OF 6
FEET, CONDITIONAL USE PERMIT NO. 93-3, AN
APPLICATION FOR PROPOSED GRADING, OAK TREE
PERMIT NO. 93-1, AN APPLICATION FOR THE
REMOVAL AND REPLACEMENT OF OAK TREES AND
MITIGATED NEGATIVE DECLARATION NO. 93-5 FOR
22909 LAZY TRAIL ROAD, 22927 LAZY TRAIL ROAD,
22840 RIDGELIKE .ROAD, AND 22820 RIDGELINE
ROAD (LOTS 153, 154, 156, AND 157 OF TRACT
30091) LOCATED WITHIN A GATED COMMUNITY
IDENTIFIED AS "THE COUNTRY ESTATES".
A. Recitals
1. Jake Williams, Richard Miller, Scott Harris, and A. C.
Kaushal (collectively referred to herein as
"Applicant") have filed an application for Variance No.
93-1 for Lots 153, 156, and 157, Conditional Use Permit
j No. 93-3 for Lot 153, 154, 156, and 157, and Oak Tree
Permit No. 93-1 for Lots 153, 154, 156, and 157 of Tract
30091, Diamond Bar, Los Angeles County, California, as
described in the title of this Resolution. Hereinafter
in this Resolution, the subject Variance, Conditional
Use Permit, and Oak Tree Permit applications are
collectively referred to as the "Application".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal organization
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. 1, 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, including the subject
Application, within the City of Diamond Bar.
3. The City of Diamond Bar lacks an operative General Plan.
Accordingly, action was taken on the subject
- application, as to consistency with the General Plan,
pursuant to the terms and provisions of Ordinance No.4
(1992) of the City of Diamond Bar. III
4. The Planning Commission of the City of Diamond Bar, on
May 10, 1993 continued a duly noticed public meeting on
said Application until May 24, 1993_
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and the
Inland Valley Daily Bulletin newspapers on April 16,
1993. Forty-five property owners with in a 500 foot
radius of the project site were notified by mail on
April 14, 1993.
6. All legal prerequisites to the adoption of this Resolu-
tion have occurred.
B.
Resolution
NOW,
THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
I.
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 Mitigated
Negative Declaration No. 93-5 has been prepared in
compliance with the California Environmental Quality Act
of 1970, as amended, and the guidelines promulgated
thereunder, and further, this Planning commission has
reviewed and considered the information contained in
said Mitigated Negative Declaration and, based thereon,
further specifically finds and determines that, based
upon its independent judgement, the findings set forth
tbelow,
and changes and alterations which have been
incorporated into and conditioned upon the proposed
project, no significant adverse environmental effects
will occur.
3.
The Planning Commission hereby specifically finds and
determines that, having considered the record as a
whole, there is no evidence before this Planning
Commission that the project as proposed by the
Application, and Conditioned for approval herein, will
have the potential of an adverse effect on wildlife
resources or the habitat upon which the wildlife
depends. Based upon substantial evidence presented in
the record before this Planning Commission, the Planning
Commission hereby rebuts the presumption of adverse
effect contained in Section 753.5 (d) of Title 14 of the
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California Code of Regulations. Notwithstanding the
` provisions of this paragraph, the Applicant shall pay
all fees required for the, filing of a Notice of
_ Determination and any other fees imposed by the
California Department of Fish -and Game prior to the
issuance of any building permits.
4. Based upon the findings and conclusions set forth
herein, this Planning Commission, in conformance with
Ordinance No. 4 (1992) of the City of Diamond Bar hereby
finds as follows:
(a) The project relates to the following sites:
(1)
Lot 153 - 22909
Lazy Trail
Road -
1.12 acres
Family Residential -Minimum lot size 40,000 square
developed with
a single
family
residence,
owner - Scott Harris;
(2)
Lot 154 - 22927
Lazy Trail
Road -
1.19 acres
- vacant lot, owner - A. C.
Kaushal;
(c)
(3)
Lot 156 - 22840
Ridgeline
Road -
1.42 acres
developed with
a single
family
residence,
owner - Jake Williams;
adopted or under consideration by the City.
(4)
Lot 157 - 22820
Ridgeline
Road -
1.19 acres
developed with
a single
family
residence,
owner - Richard
Miller.
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All properties are within the R-1-40,000 (Single
Family Residential -Minimum lot size 40,000 square
feet) zone with draft General Plan land use
designation of RR (Rural Residential-lDU/AC), City
of Diamond Bar, California.
(b)
Generally, the proposed project is surrounded by
R-1-40,000 zone.
(c)
Substantial evidence exists, considering the
record as a whole, to determine that the project,
as proposed and conditioned herein, will not be
detrimental to or interfere with the General Plan
adopted or under consideration by the City.
d
( )
condition and size of the sites has
The nature y
been considered. Thesites are adequate in size
to accommodate the proposed development.
Variance:
(e)
Approval of the proposed project will not be
detrimental to the public health, safety or
general welfare, or to the use, enjoyment or
-
valuation of property of other persons located in
the vicinity based upon mitigation measures which
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have been conditioned into the proposed project.
(f) Because of . the extreme grade elevations and
constraints of the project site, the strict
application of the code deprives such property -'of
privileges enjoyed by other property in the
vicinity and under identical zoning
classification. As a result, Lots 153, 156, and
157 will require retaining walls in excess of the
permitted height.
(g) Approval of this Variance will not constitute a
grant of special privilege inconsistent with the
limitations upon other properties in the vicinity
and zone in which the properties are situated.
(h) Strict application of zoning regulations as they
apply to the subject properties will result in
practical difficulties or unnecessary hardships
inconsistent with the general purpose of such
regulations and standards.
Conditional Use Permit:
(i) The subject properties require a Conditional Use
Permit for slope of 25% or more in an urban
hillside management area. As such, a Conditional
Use Permit is required pursuant to Chapter 22.56, F
Section 215 of the County of Los Angeles Planning
and Zoning Code.
(j) The proposed project is located and designed so as
to protect the safety of current and future
community residents, and will not create
significant threats to life and/or property due to
the presence of geologic, seismic, slope
instability, fire, flood, mud flow, or erosion
hazard because of mitigation measures which have
been incorporated into the project.
(k) The proposed project, as conditioned, is
compatible with the natural, biotic, cultural,
scenic, and open space resources of the area.
(1) The proposed project can be provided with
essential public services without imposing undue
costs on the total community and, pursuant to
Ordinance No. 4 (1992), is consistent with the
objectives and polices of the General Plan adopted
or under consideration by the City.
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Oak Tree Permit:
(m) The proposed project requires an Oak Tree Permit
for the removal of oak trees pursuant to Chapter
22.56, Section 2060 of the County of Los Angeles
Planning and Zoning Code.
(n) Five oak trees have been removed and destroyed by
illegal grading activity and stockpiling on the
project site.
(o) The removal of the five oak trees is necessary, as
continued existence at present locations
frustrates the planned improvement or proposed
used of the subject property to such an extent
that alternative development plans cannot achieve
the same permitted density or that the cost of
such alternative would be prohibitive.
(p) The removal of the oak trees will not result in
soil erosion through the diversion or increased
flow of surface waters because of the mitigation
measures which have been incorporated into the
project.
-5. Based upon the findings and conclusion set forth in
paragraphs 1, 2, 3, and 4, above, the Planning
commission, hereby approves this application subject to
-, the following conditions:
(a) The project shall substantially conform to the
site plan, grading plan, and landscape plan,
collective marked as Exhibit "A" dated May 10,
1993 as submitted to and approved by the Planning
Commission.
(b) The subject site shall be maintained in a
condition which is free of debris both during and
after the construction, addition, or
implementation of the entitlements 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 duly permitted waste contractor, who has been
authorized by the City to provide collection,
transportation, and disposal of solid waste from
residential, commercial, construction, and
industrial areas within the City. It shall be the
applicant's obligation to insure that the waste
contractor utilized has obtained permits from the
City of Diamond Bar to provide such services.
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(c) Applicant shall replace oak trees on the subject
lots at a 4:1 ratio with the following assortment:
4 - 24.inch boxed oak trees; 20 - 15 gallon oak yll;ll'j
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trees. n,
(d) Applicant shall install a drip system and shall
irrigate the replacement oak trees for a three
year period. The replacement oak trees shall be
properly cared for and continuously maintained in
a healthy and thriving condition for a period of
three years. If mortality of the replaced oak
trees occurs within the three year period, the
Applicant shall replace them. Additionally, the
Applicant shall deposit $10,000 in cash with the
City to insure the completion of this condition.
(e) In accordance with the Hillside Management
Ordinance No. 7 (1992), Applicant shall provide
and implement a landscape plan for slopes which
shall incorporate ground cover and deep-rooted
native type shrubs to protect against surface
erosion and surficial slumping. The landscape
plan shall be reviewed and approved by the City
Engineer and the Planning Department prior to the
issuance of a grading permit. Additionally, the
Applicant shall continuously maintain all slope
planting in a healthy and thriving condition for a
period of three years.
(f) Applicant shall maintain weed free planter areas
which are located on Lot 153.
(g) Applicant shall obtain and record an easement to
perform grading on Lot 158 of Tract No. 30091 not
to exceed 40 feet of encroachment. Said easement
shall be reviewed and approved by the City
Engineer and the Planning Department prior to the
issuance of a grading permit.
(h) Retaining wall design and calculations shall be
submitted and approved by the Department of Public
Works, prior to grading permit issuance.
Foundation and/or wall excavations shall be
inspected and approved in writing by the Soil
Engineer prior to placing steel or concrete.
(i) The future and final subdrain system shall be
submitted to the City's Public Works Department
for review, prior to grading permit issuance.
(j) A final soils report on the upper driveway and
backfill to retaining walls for 22840 Ridgeline
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'-
(o) All documented fill outside of the proposed
grading limits shall be removed_ to the original
natural ground. This includes the fill wedge
southeast of the house (east of cross-section D-
D'). Lacking a reasonable analysis that shows the
fill southwest of the house will not cause
instability to the proposed design, removal of
that fill is also required. If it can be shown to
be stable and left in-place, a restricted use area
on Lot 156 shall be required.
(p) An on-site, pre -job meeting with the Applicant,
the contractor, the grading engineer, the City's
project inspector, and the City's soil engineer
shall occur prior to all grading related
operations.
(q) Operations undertaken at the site without the
presence of the soils engineer shall result in
exclusions of affected areas from the final
compaction report for the project.
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Road shall be required. The report shall include
an as -graded map, field density test results and
'
laboratory test results.
(k)
A grading security bond based on actual cubic
yards of dirt being handled for Lots 153, 154,
156, and 157 of Tract No. 30091 shall be filed
with the City prior to issuance of the grading
permit (UBC 1991: Chapter 70, Section 7008). The
cost of the required bond shall be paid by Mr.
Jake Williams and shall remain in effect until
completion of the project to the satisfaction of
the City Engineer.
(1)
The Applicant shall provide'a phasing schedule of
activities with completion dates prior to the
issuance of a grading permit. Should the work not
be completed in accordance with said phasing
schedule, the City may rescind the grading permit.
(m)
All drainage easements shall be recorded and two
recorded copies submitted to the City prior to
issuance of a grading permit.,
(n)
Applicant shall pay all processing, consultant,
and related inspection costs to the City in
connection with this project. Prior to the
issuance of a grading permit, Mr. Jake Williams
shall post an initial deposit of $2,000.00 for
Lots 153, 154, 156, and 157 of Tract No. 30091.
(o) All documented fill outside of the proposed
grading limits shall be removed_ to the original
natural ground. This includes the fill wedge
southeast of the house (east of cross-section D-
D'). Lacking a reasonable analysis that shows the
fill southwest of the house will not cause
instability to the proposed design, removal of
that fill is also required. If it can be shown to
be stable and left in-place, a restricted use area
on Lot 156 shall be required.
(p) An on-site, pre -job meeting with the Applicant,
the contractor, the grading engineer, the City's
project inspector, and the City's soil engineer
shall occur prior to all grading related
operations.
(q) Operations undertaken at the site without the
presence of the soils engineer shall result in
exclusions of affected areas from the final
compaction report for the project.
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(r)_ No subsurface work was performed on Lot 154 to
evaluate the existing fill placed there by the
water company. The City's soils engineer shall be
required to inspect and approve all of these
removal areas prior to the issuance of a grading
permit.
(s) soils engineering testing and inspections shall be
conducted continuously during grading operations
by the soils engineer/ engineering geologist and
periodically by the City's soils consultant. All
excavations shall be mapped by the soils engineer/
engineering geologist. All geotechnical
inspections specifically required in the reports
shall be implemented.
(t) Further geological investigation shall be
conducted and approved by the City's soils
consultant in restricted use area of Lot 157
during grading and prior to construction of the
fill slopes to confirm conclusion in Sampson's &
Associates, Consulting Civil Engineers response
dated May 18, 1992-
(u) The soils and geology reports and responses
prepared dated 4-1-92, 4-13-92, 5-18-92, 7-7-92
and 8-5-92 contain the following recommendations
and responses which shall be strictly adhered to:
(1)
Approved protective measures and temporary
drainage provisions shall be provided to
protect adjoining properties from deposition
of material or diverted flows both during and
after all phases of construction.
(2) All import soils shall be suitable for fill
slope, free of organic and rocks larger than
6 inches in diameter and shall be approved by
a soils engineer prior to import.
(3) Prior to grading, all deleterious trash,
vegetation and grass shall be removed and
hauled off-site. All existing uncertified
(AFU-See Geologic Map) fill and disturbed
loose colluvial and alluvial soils shall be
removed to competent bedrock or compacted
certified fill, per the requirement of the
City's Grading Ordinance. Fills shall be
keyed and benched into bedrock or compacted
certified fill. Prior to placing any fill,
the ground shall be keyed and benched. All
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keys and benches shall be inspected and
F approved by the City's soils engineer.-
L. (4) No fill shall be placed until preparation of
ground is approved by the soils engineer of
record and the City's soils consultant.
Existing ground shall be cleared of all
vegetation and scarified to a depth of at
least 8 inches, and the top 6 inches shall be
compacted to city standards prior to
placement of fill material.
(5) All fill soils shall be placed in layers not
exceeding 6 to 8 inches in loose thickness
and compacted to at least 90 per cent of the
maximum dry unit weight as determined by ASTM
Designation D1557-78 Compaction Method.
(6) Contact between existing certified fill and
bedrock shall be observed during grading to
confirm benching by the City's soils
engineer. Proposed fill shall be benched
into original certified fill or competent
bedrock subsequent to observation of
foundation condition by the soils engineer
and/or geologist.
(7) Key construction shall contain lime -treated
soil (3% lime mixed). See grading plan for
locations and elevations. The outer 12 feet
of the slope face shall be composed of import
clayey soils material containing significant
amount of plastic fines (more than 50% by
weight silt and Clay). Additional testing
(sieve, liquid limit, expansion index,
maximum dry density, and direct shear) shall
be conducted periodically as fill is imported
during site grading and if import material
characteristics changes or after every 5000
cubic yards is imported.
(8) Excavations for stability keys and removal of
unsuitable soils shall be inspected and
approved in writing, engineering geologist,
and City's soils engineer prior to placing
fill.
(9) Rough grading certificate shall be signed and
wet -stamped by a soils and civil Engineer and
approved by the City Public Works Inspector
prior to issuance of building permits. The
soil engineer and/or engineering geologist
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shall document rough grading by final report
prior to approval by the City. The final
report shall include an -as-graded
geotechnical map.,�i
(10) All grading related activities shall be
completed by October, 1, 1993. Otherwise, the
Applicant shall submit erosion control plans
to the City by September 1, 1993, for plan -
check review. On approval of these plans,
the approved erosion control shall be
installed by October 1, 1993. A bond shall
be posted to insure the submittal and the
utilization of the approved erosion control
plans.
(11) Upon completion of grading, a final as -graded
report summarizing grading operation,
geologic conditions, field and laboratory
tests shall be submitted to the City.
(v) 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,
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 grant. Further, this grant shall not be
effective until the permittee pays remaining City'''
processing fees.
(w) The subject property shall be maintained and
operated in full compliance with the conditions of
this grant and any law, statute, ordinance or
other regulations applicable to any development or
activity of the subject properties.
(x) This grant shall be valid for one year and must be
exercised (i.e. substantial construction including
but not limited to grading, footings, foundations
etc.) 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 of this grant.
The Planning Commission secretary shall:
(a) Certify to the adoption of this Resolution; and
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(b) Forthwith transmit a certified copy of this Resolution
by certified mail to:
�:._. Jake Williams
22840 Ridgeline Road
Diamond Bar, CA 91765
Richard Miller
22820 Ridgelline Road
Diamond Bar, CA 91765
Scott Harris
22909 Lazy Trail Road
Diamond Bar, CA 91765
A. C. Kaushal
1245 S. Mahogony Court
Walnut, CA 91789
APPROVED AND ADOPTED THIS THE 24TH DAY OF MAY, 1993, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
BY:
Bruce Flamenbaum, Chairman
I, James DeStefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular
meeting of the Planning Commission held on the 24th day of May,
1993, by the following vote:
AYES: [COMMISSIONERS:] Meyer, Li, Plunk
NOES: [COMMISSIONERS:] Grothe
ABSENT: [COMMISSIONERS:] Flamenbaum
ABSTAIN: [COMMISSIONERS:] None
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ATTEST:
f
Jams DeStefano, Secretary
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