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Home My WebLink AboutPC 94-26PC RESOLUTION NO. 94-26 A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 94-2, A REQUEST TO CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE IN EXCESS -OF 35 FT. IN HEIGHT AND THREES STORIES, LOCATED AT 22104 R1M£IRE LANE IN THE COUNTRY ESTATES, IN THE CITY OF DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT TFIFREOF. A. Recitals. (i) Frank Piermanni, acting as Agent for Jeff and Regina Jan, has filed an application for Variance No. 94-2, for property Iocated as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance application is referred to as "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 -:z 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, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361(a). (iv) On October 10, 1994 and November 14, 1994 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and continued to and concluded said hearing on December 12, 1994. occurred. - (v) All legal prerequisites to the adoption of this Resolution have I B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning;ijj' Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the acts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above public hearing and oral testimony provided at the hearing, the Planning Commission hereby specifically finds as follows: (a) The site is located at 22104 Rimfire Lane in the private gated community known as The Country Estates in the R-1-20,000 Zone. (b) The project relates to a site comprised of approximately L9 acres is traversed by a 9,148 sq. ft, flood hazard area and a 61,416 sq. ft. restricted use area. The site is ranges in elevation from 1.5:1 to 2.5:1 over the majority of the acreage and is primarily covered with natural grasses and oak trees on the lower elevations of the site. (c) The subject site is surrounded by residential development of a similar ,nature and construction design to the south, east and west, and vacant undeveloped land to the north; (d) The subject site is bounded by Wagon Train Lane, Steeplechase Lane, and Rocky Trail Road; (e) That because of special circumstances or exceptional characteristics applicable to the property such as extreme sloping topography, the strict application of the code will deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; and (f) That the adjustment authorized will constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated; and d 2 W (g) That strict application of the zoning regulations as they apply to such property will result in practical difficulties or unnecessary hardships inconsistent with the general -.., purpose of such regulations and standards; and (h) That such adjustment 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; and (i) That the Application is consistent with applicable goals of the contemplated draft General Plan; and (h) That the design of the project and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; (i) The nature, condition, and size of the site has been considered. The project site is adequate in size to accommodate the use. (j) The architectural design of this project- is compatible with the character of the surrounding neighborhood and will�k.. maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. S (1990). (k) Notification of the public hearing for this project has been made in the San Gabriel Valley Daily Tribune and the Inland Valley Daily Bulletin 3. The Planning Commission hereby determines that the project 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 15303, Class 3a of Article 19 of Division 13 of the California Code of Regulations. 4. The Planning Commission 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 i incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this 3 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 pi,7kk wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1 and 2, 3 and 4 above, the Planning Commission hereby approves Variance No. 94-2 subject to the following conditions: (a) The project shall substantially conform to site plan/grading plan, floor plan, and elevations, collectively labeled as Exhibit "A" dated December 12, 1994 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 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 duly IT permitted waste contractor, who has been authorized by . the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the - City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) There shall be only one (1) kitchen within the single family residence. (d) Structures or shrubs within the 20 foot front yard setback shall not exceed 42 inches in height. (e) The applicant shall comply with Planning and Zoning, Building and Safety, Engineering and Fire Department requirements. (f) This grant is valid for two (2) years and must be exercised (i.e. construction within that period) or this grant shall 3 t 4 `� `� expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. (g) 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 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. (h) 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 therefore shall be made by the applicant prior to the issuance of any building permit or any other entitlement. (i) The applicant shall have a registered civil engineer prepare and submit for approval of the City Engineer, a drainage study that demonstrates that the area shown as a Flood Hazard within which structures are proposed is not a flood hazard. Based on this informal on, the applicant shall process for approval of the City Council, removal of this description for such area. (j) No structures will be permitted to be constructed within any easement without first receiving permission from the owner of the easement approving such structure. The Planning Secretary Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Frank Piermarini and Jeff and Regina Jan the address as set forth on the application. 5 APPROVED AND ADOPTED THIS THE 12TH DAY OF DECEMBER 14, 1994, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: �'---� David Mey , 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 12th day of December, 1994, by the following vote -to - wit: AYES: [COMMISSIONERS:] Flamenbaum, Fong, Huff, Meyer, and Huff NOES: [COMMISSIONERS:] ABSTAIN: [COMWSSIONERS:] ABSENT: [COMMISSIONERS:] Attest: Jamestefano, Secretary f_ FjUnWRSIR --MVA---=RES E 6