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HomeMy WebLinkAboutPC 96-08-,PLANNING COMMISSION RESOLUTION NO. 96-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 95- 2, DEVELOPMENT REVIEW NO. 96-1 AND NEGATIVE DECLARATION NO. 95-5, A REQUEST TO CONSTRUCT FOUR RETAINING (CRIB) WALLS - THREE WITH A MAXIMUM HEIGHT OF EIGHT FEET AND ONE WITH A MAXIMUM HEIGHT OF SIX FEET - WITH INTERJACENT PLANTERS AND AN 8,334 SQUARE FOOT TWO STORY SINGLE FAMILY RESIDENTIAL STRUCTURE LOCATED AT 1729 DERRINGER LANE (LOT 6, TRACT 24046), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Jeffrey and Eddy Hu and applicant, Frank Piermarini, have filed an application for Variance No. 95-2 and Development Review'No. 96-1 located at 1729 Derringer Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Variance and Development Review shall be referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), 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 contain 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. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on June 24, 1996 conducted a duly noticed public hearing on the Application. r 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on May 31, 1996. Twenty-seven property owners within a 500 foot radius of the project site were notified by mail on May 29, 1996. 1 ��T 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 determines that Negative Declaration No. 95-5 has been prepared and presented for the review and approval by this Commission in compliance with the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Article 19 of Division 13 of the California Code of Regulations. 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 wild life 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 relates to a vacant, rectangularly configured, steep sloping parcel of approximately 1.33 gross acres (1.23 net acres). The project site is located at 1729 Derringer Lane, Diamond Bar, California. (b) The project site is zoned Single Family Residential - Minimum Lot Size 40,000 (R-1-40,000). It has a General Plan land use designation of Rural Residential (RR). (c) Generally, the following zones surround the project site: to the north and south is the Single Family Residential -Minimum Lot Size 40,000 Square Feet (R- 1-40,000) Zone; to the east is the Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U) Zone; and to the west is the Single Family Residential -Minimum Lot Size 10,000 Square Feet (R-10,000). (d) The proposed Variance is a request to construction four retaining (crib) walls with interjacent planters within the rear portion of the project site. The maximum height of three retaining walls is eight feet and one retaining wall is six feet. 2 (1) 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 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan; (m) 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; (e) The proposed Development Review is,a request to construct an 8,334 square foot, two story, single family residence with a cellar, deck, swimming pool/spa and four car garage. (f) Because of special circumstances or exceptional characteristics (i.e. steep sloping toward the rear with slope ratios varying from 2:1-50% to 1.5:1- 67%) applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (g) The Variance authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. (h) The strict application of zoning regulations as they apply to the property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. (i) The Variance authorized will not be materially 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. (j) The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted -architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. (k) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (1) 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 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan; (m) 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; (n) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (o) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the General Plan. (p) The nature, condition, and size of the site has been considered. The project site is adequate in size to accommodated the use. (q) The project site is adequately served by Derringer Lane. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, j, sections, roof plan, landscape/irrigation plan and materials board collectively labeled as Exhibit "A" dated June 24, 1996, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is 71 _ 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 pproperty owner, applicant or by a duly permitted j 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 Dar to provide such services. ® (c) The single family residential structure shall not exceed a height of 35 feet above the average finished grade (AFG). Additionally, the cellar shall be 500 or more below the AFG. (d) Structures within the 20 foot front yard setback shall not exceed a height of 42 inches. (e) Structures within the dedicated easement for fDerringer Lane shall be located outside the easement. 4 (m) The residential structure's footing setback from the descending slope's surface shall meet U.B.C. Section 2907 and Figure No. 29-1. Differential settlement due to varied fill thickness beneath the proposed structure shall be considered in the final selection and design of the building foundation which may include deepened footings or caissons established in the underlying bedrock, as required by the City Engineer. (n) Maid's quarters shall not be used as a second residence. (o) The applicant shall obtain Fire Department approval. (p) The single family structure shall meet the 1994 ., U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (q) This project shall conform to a minimum design wind 5 (f) The applicant shall submit the required grading and drainage plans and geotechnical reports for review and approval by the City Engineer before the issuance of any City permits. The geotechnical report prepared shall state that the project site is «„ not subjected to landsliding, slope creep, slope instability or subsidence which will significantly affect or preclude the construction of the planned development, as required by the City Engineer. The proposed construction of the planned development shall not create a condition of geologic instability that will adversely affect adjacent properties during construction.and the life of the development. (g) Newly constructed slopes shall not have a ratio greater than 2:1. (h) The crib walls' design is subject to the review and approval of the City Engineer. (i) For expedience of entry from the street, the proposed driveway entry gates shall have electric remote control operators. (j) The sanitary sewer mainline's depth is not adequate to serve the residential structure's lower level. Therefore, an on-site ejector system shall be installed to lift the domestic sewage to the mainline's existing elevation. Additionally, sewage back flow prevention devices shall be:installed. (k) Utility extensions shall be constructed underground. (1) The grading plan shall delineate the nearest fire hydrant's location. (m) The residential structure's footing setback from the descending slope's surface shall meet U.B.C. Section 2907 and Figure No. 29-1. Differential settlement due to varied fill thickness beneath the proposed structure shall be considered in the final selection and design of the building foundation which may include deepened footings or caissons established in the underlying bedrock, as required by the City Engineer. (n) Maid's quarters shall not be used as a second residence. (o) The applicant shall obtain Fire Department approval. (p) The single family structure shall meet the 1994 ., U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (q) This project shall conform to a minimum design wind 5 pressure of So miles per hours and exposure "C". (r) The single family structure is located in "Fire Zone s 4" and shall meet all the following requirement for this zone: (1) All roof covering shall be "Fire Retardant"; tile roofs 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 , inch nor more than i inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arrestors of maximum a inch screen. (s) The single family residence shall meet the State energy conservation standards. (t) Surface water shall drain away from the building at a 2t minimum slope. (u) The applicant shall comply with Planning and Zoning, and Building and Safety Division's and Public Works Department's requirements. (v) 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 may be requested in writing and submitted to the City 30 days prior to the expiration date. (w) 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. (x) 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 6 _ — -_ _— _� __ _ _ _ —_ _.__ _ �_ s. s:.�.�lln. �r �wMui JllaYNuu Y,w HiNlwlw.ir _ ..,�_i-y»,1. W..e� 1 r. �--�{M..; � •�.5 .•.._ � rl_I_kttll�euhiltt Htrl9�.11uY9smrWuevlNltltlmarl trl. .. _.. _. I _ _ _ _ _ _ _ _ e 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. r- 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 Jeffrey and Eddy Hu, 933 Leyland Drive, Diamond Bar, CA 91765 and Frank Piermarini, 2100 South Reservoir, Pomona, CA 91766. APPROV AND ADOPTED THIS 24TH DAY OF JUNE, 1996, BY THE P N COMMISSIh OF THE CITY OF DIAMOND BAR. !� B � Mi)e Goldenber4, Chairman I, James DeStefano, 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 24th day of June, 1996, by the following vote: AYES: Ruzicka, Fong, McManus, Schad NOES: Goldenberg ABSENT: None ABSTAIN: None ATTEST: Aames DeStefo, Secretary 7