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Home My WebLink AboutPC 94-19RESOLUTION NO. 94-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING AN EXTENSION OF TIME FOR 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, OAR TREE PERMIT NO. 93-1, AN APPLICATION FOR THE REMOVAL AND REPLACEMENT OF OAK TREES AND CATEGORICAL EXEMPTION (SECTION 150610 CLASS (B) (3)) FOR 22909 LAZY TRAIL ROAD, 22927 LAZY TRAIL ROAD, 22840 RIDGELINE 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 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. F` Accordingly, action was taken on the subject 1 application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of the Office of Planning and Research extension granted ;I+IF II pursuant to California Government Code Section 65361. 4. The Planning Commission of the City of Diamond Bar, on August 8, 1994 conducted a duly noticed public meeting on said Application. 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 July 28, 1994. Forty-eight property owners with in a 500 foot radius of the project site were notified by mail on July 26, 1994. 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: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of a,l this Resolution are true and correct. a�� 2. The Planning Commission hereby finds and determines that the extension of time identified above in , this resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15061, Title_ 15 of the California Code of Regulations. ' 4. The environmental consequences of Variance No., 93-1, Conditional Use Permit No. 93-3, and Oak Tree Permit No. 93-1 were identified in Negative Declaration No. 93-5 and adopted by the Planning Commission on May 24, 1993 in Resolution No. 93-13. 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 n„ 2 ,. � ,. , � _. rl.. .4, I � � � � � ��,F_:+� �w.5.'�ty J��. �.akda t�ktaa^� .'I �F��r ,'��,.x�a�� '' .�.� � �,��'�•�'� Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the 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, hereby finds as follows: (a) The project relates to the following sites: (1) Lot 153 - 22909 Lazy Trail Road - 1.12 acres 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; (3) Lot 156 - 22840 Ridgeline Road - 1.42 acres developed with a single family residence, owner - Jake Williams; (4) Lot 157 - 22820 Ridgeline Road - 1.19 acres developed with a single family residence, p owner - Richard Miller. 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) The nature, condition, and size of the sites has been considered. The sites 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 3 the vicinity based upon mitigation measures which 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 lin 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, 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. i 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 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 August 8, 1994 as submitted to and approved by the Planning Commission. (b) The extension of time is granted and shall modify condition (x) of Resolution No. 93-13. This extension of time shall expire if not exercised within six (6) months (i.e. substantial construction including but not limited to grading, footings, foundations, etc.). No additional extension of time shall be allowed as part of this application. (c) All grading related activities shall be completed by October 1, 1994. If grading related activities are not completed by said date, the Applicant shall submit an erosion control plan to the City by October 1, 1994 for review and approval by the City Engineer. The approved erosion control plan shall be installed by October 15, 1994. A bond W shall be posted to insure the submittal and the utilization of the approved erosion control plan. (d) All conditions of approval for Variance No. 93-1,'' Conditional Use Permit No. 93-3, and Oak Tree Permit No. 93-1 shall remain in full force and effect unless expressly stated herein. (e) 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. (f) 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. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (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. Mahogany Court Walnut, CA 91789 N. r' r.�!-.�! — �o. �I ...- uWla WOW16.—11...x,.:,-.—.,.-.,1..,.-,.-1- .I --...r --' . ..... .. .......,..... _ __ APPROVED AND ADOPTED THIS THE STH DAY OF AUGUST, 1994, BY THE PLANNING COMMISST-ON OF THE CITY OF DIAMOND BAR BY: 10 rman 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 8th day of August, 1994, by the following vote: AYES: [COMMISSIONERS:] Chairman Meyer, Vice Chairwoman Plunk, Schad, Fong NOES: [COMMISSIONERS:] None ABSENT: [COMMISSIONERS:] None ABSTAIN: [COMMISSIONERS:] Flamenbaum i-; ATTEST: Ja e DeStefano, S6cretary IL 7 __.� __��. "'i"�'""!�'�I��I��'I"°""1�"�". __. _,I � •1°�f� ''111101 I!'IIII'JI1i'II'II�I�III