Loading...
HomeMy WebLinkAboutPC 2000-03PLANNING COMMISSION RESOLUTION NO. 2000-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-01, VARIANCE NO. 2000-01, MINOR VARIANCE NO. 2000-01 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 15,602 SQUARE FEET WITH A BASEMENT, SIX CAR GARAGE, INDOOR SWIMMING POOL, OUTDOOR SWIMMING POOL/SPA, TENNIS COURT WITH FENCING AND LIGHTING, RESTROOM/POOL EQUIPMENT STRUCTURE, TRELLIS AND RETAINING WALLS. THE PROJECT SITE IS LOCATED AT 22840 RIDGELIKE ROAD (TRACT NO. 30091, LOT 156), DIAMOND BAR, CALIFORNIA. i A. RECITALS. 1. The property owner Mr. and Mrs. Wen Chang and applicant, Ku and Associates, Inc., Habitant Development Corporation, have filed and application for Development Review No. 2000-01, Variance No. 2000-01 and Minor Variance No. 2000-01 for a property located at 22840 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Variance, Minor Variance and Categorical Exemption shall be referred to as the "Application." 2. On January 26, 2000, the public hearing notice was posted in three public places within the City of Diamond Bar. On January 27, 2000, the project site was posted with the required display board. Furthermore, on January 27, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and public hearing notices were mailed to approximately 33 property owners of record within a 500 -foot radius of the project on January 26, 2000. 3. On February 8, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. ter; j B. Resolution. v NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 _...Y.`=f...............�.�.........-.... �s—�.,..n.—__.rt' tial fiat i. i. - 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 finds that the project identified above in this Resolution is Categorically Exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 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 lot located within a gated community identified as "The Country Estates." The project site is currently vacant due to a fire that occurred in July }1999 and a demolition permit issued by the City on October 1, 1999. Before the fire, the project site was developed with a two-story single family residence of approximately 2,800 square with a garage, swimming pool/spa and keystone retaining wall system that supports the main driveway access to the buildable pad. The only structure remaining on the site is the keystone retaining wall system. The project site is irregular shaped, sloping up from Ridgeline Road to a flat pad and sloping down toward the rear and side property lines. The project site is approximately 1.70 acres. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1- 40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone and use surround the project site: to"the north, south and west is the R-1- 2 40,000 /RR Zone; and to the east is the R-1-40,000/RR Zone and the Walnut Valley Water District (WVWD) property which contains three water tanks. (e) The Application request is to construct a two-story single-family residence of approximately 15,602 square feet with a basement, balcony, six car garage, indoor swimming pool, outdoor swimming pool/spa, tennis court with fencing and lighting, restroom/pool equipment structure, trellis and retaining walls. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). Tract Map No. 30091 was approved by Los Angeles County in 1969 prior to the City of Diamond Bar's incorporation and sited for residential development. Eventually, a two-story single family residence was F built on Lot 156, the project site. In July 1999, a fire destroyed this residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.70 acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates." (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site was sited for and developed with single family residence destroyed by fire. The Fr.„ proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed single family residence is not expected to interfere with the use and enjoyment of 3 neighboring existing or future development. The proposed single family residence is not expected to create traffic or pedestrian hazards due to that fact that the use is the same and Ridgeline Road btiy'!li adequately serves the project site and was N4, established to handle minimum traffic created by this type of development. (h) 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 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is California Mission. Architectural features such as a main entry with columns, balcony, tile roof with cupolas and roof articulation, stucco exterior walls with stone accents and color scheme are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates." Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (i) 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. As referenced in the above findings and the colors/materials, the proposed project 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 while offering variety in color and texture related to stucco and stone accent and a low level of maintenance (j) The proposed development will not be detrimental to f public health, safety or welfare or materially w injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 4 A Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to Guidelines of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15303(a) of Article 11 of the California Code of Regulations. Variance/Minor Variance (1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by ,other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; The Variance request is to allow a reduction in the rear setback for the residence, restroom/pool equipment structure, tennis court and tennis court lighting; and authorize fencing and wall heights to exceed the allowed maximum height. The Minor Variance request is to allow a minimum deviation in the residence's maximum permitted height by the addition of two cupolas, which the City considers an architectural feature. The project site is bordered on three sides by the Walnut Valley Water District property and contains three water storage tanks. The project site is irregular shape and may be described as a backward "L" (J). The site's buildable pad and main circular �J driveway access, establish with a keystone retaining wall system to the site, is existing. The existing pad elevation is approximately five feet to 14 feet 5 - .v,__: ­ . . above Ridgeline Road. The applicant desires to utilize the existing driveway and maintain the existing pad elevations as much as possible, thereby keeping grading as minimal as possible. The projectli'''!j;EI design is such that the deepest portion of the buildable pad will be utilized for the residence; and the narrowest portion of the buildable pad will be utilized for the proposed recreational amenities. Siting the 'proposed structures in this manner is logical and conducive to quality design. A Variance approval would allow the proposed residential structure to be constructed with a reduced rear setback. Pursuant to the Development Code, a residential structure in the R-1-40,000/RR Zone is required to maintain a 20 -foot gear setback. The proposed residential structure's rear setback varies from five feet to 65 feet. The five foot setback is at the corner of the residence, which is adjacent to the WVWD property. Considering the lot configuration and the fact the setback reduction is not adjacent to a residence, it is anticipated that the setback reduction impact will be insignificant. However, the purchase of the WVWD property will change, this setback, at this point, to approximately 50 feet. Approval of the Variance would allow a retaining wall,. N 1 ` with an exposed height of five feet within the 30 foot front yard setback but not in the dedicated easement for Ridgeline Road. Pursuant to the Development Code, the maximum height of a retaining wall/wall/fence within the front yard setback is 42 inches (3.5 feet). However, due to the elevation difference between the street and buildable pad and the utilization of the existing driveway, it is not practical or cost effective to remove the driveway and lower the pad elevation. Because of the site's elevation, the retaining wall needs to be established at the five- foot height. The tennis court requires a Variance because, as proposed, it does not comply with the required front and rear setback. A tennis court is considered an accessory structure due to the needed fencing and lighting, and requires a construction permit. As an accessory structure, a tennis court is required to maintain Code specified 20 foot rear setback. The buildable pad is irregular shaped with the proposed tennis court located on the narrowing portion of the pad. Since the pad area and main driveway are }'m existing, the design of the site plan, as presented, is logical. It is the pad configuration that causes the setback reduction for the tennis court. The impact of the rear setback reduction is considered insignificant because this area is adjacent to WVWD property and not to a residence. The front setback varies from 21 feet to 25 feet instead of the 30 feet as required by Code. With the purchase of the WVWD i property, the front setback will vary from 26 feet to 30 feet. Tennis courts are common place in "The Country Estates" and have been approved in the past with similar setbacks. Due to the narrowing of the lot and the most advantageous direct for a tennis court due to rising and setting of the sun, the proposed location is probably best suited for the court. Additionally, plant materials will be utilized to assist in screening the tennis court from Ridgeline Road. Tennis court fencing requires a Variance because, as proposed, it does not comply with the allowed maximum six foot height. The wrought iron tennis court fencing is proposed at a height of 12 feet and will surround the court, and in some areas be placed upon a wall. When placement is upon a wall, the total height (wall and fencing) will not exceed 12 feet. Because the required setbacks are reduced, a Variance approval is required for the fence height within the required setback. The same setback requirement applies to the tennis court light fixtures. Since the some of the fixtures will be located within the required setback, a Variance approval is also required. The pole light fixtures are proposed at a height of approximately 17 feet. Pursuant to Code, these fixtures are not to be located closer than 10 feet to the adjacent property line (except as approved by a Variance) and not located more than 18 feet from the court surface. It is the lot configuration and pad elevation that also causes this Variance. Furthermore, the tennis court is adjacent to the WVWD property and is not expected to have a significant negative effect on residential properties. Pursuant to the Development Code, the restroom/pool equipment structure is considered an accessory structure. As such, it is required to maintain the same setbacks as the residential structure. It maintains the required front and side setbacks but not the required rear setback. Due to lot configuration, the established buildable pad and the location of the swimming pool, the location of the restroom/pool equipment structure is logical. As proposed, it is located at the rear property line, shared by the WVWD not a residential property. As such, the impact of a setback reduction is expected to be insignificant. 7 Approval of the Minor Variance would allow two cupolas to extend a maximum of 3.5 feet above the maximum allow height of 35 feet for a residential structure. Pursuant to the City's Design Guidelines, roof articulation is encouraged. The cupolas along with changes in roof planes strengthen roof articulation. Additionally, the cupolas are an intricate part of the residential structures design and allows light to radiate down through the residence. (m) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; As stated above in Item (1), the granting of this Variance and Minor Variance is based on the facts that the buildable pad area is already established, the main access driveway to the site is existing, the difference between the pad and street elevations and lot configuration. Additionally, other homes with in "The Country Estates are similar in size and enjoy the same recreational amenities as proposed by this Application. As a result, granting the Variance is necessary for the preservation and enjoyment of substantial, property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance and Minor Variance is sought. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; As stated above in Items (f) and (1), granting the Variance and Minor Variance is consistent with the General Plan and any applicable specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; As stated above in Items (g), (h), (i), (j), (1), (m), and (n), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 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, sections, final R r„I. �,".u, I landscape/irrigation plan, and colors/materials board ry collectively labeled as Exhibit "A" dated February 8, 2000, as submitted and approved by the Planning Commission, and as amended herein. I (b) The 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 a 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. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. Said plan shall delineate plant species, size, quantity and location and shall include plant materials utilized F for all slopes and the screening of the tennis court from Ridgeline Road. Additionally, said plan shall delineate enhanced landscaping adjacent to the proposed driveway at Ridgeline Road with trees and shrubs that will create a buffer against noise and vehicle headlights for the adjacent neighbor. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant installed all approved landscaping and irrigation. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The applicant shall locate the trellis 30 feet from the front property line and shall indicate said setback on the revised landscape plan or site plan. (f) In the event that the applicant purchases or obtains an easement of approximately 3,966 square feet from the adjacent WVWD property, the applicant shall process a Lot Line Adjustment for the City's review and approval prior to the issuance of any City permits. In the event of an easement, the applicant shall record said easement prior to the issuance of any City permits. Additionally, the applicant shall submit a revised site plan delineating how the E I- I -- � I_. - V lill1ll l 111.1 1111 , i , 1 11, i H 11 i 11 _mi -- acquisition of said property affects the location of proposed structures for the City's review and approval. lti a (g) Tennis court light fixtures shall not be located more than 18 feet from the court surface. The light poles shall have a five-foot extension arm and shielded in a manner that completely cuts off light source when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one -footcandle measured from grade at a 12 -foot height. The incident light level upon any habitable building on an adjacent residential property shall not exceed .05 footcandle. In a tennis court lighting plan/study, !the applicant shall demonstrate the incident light levels and the one - footcandle measurement. The applicant shall submit said plan for the City's review and approval prior to the issuance of any City permits. Additionally, tennis court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. (h) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan 0shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist, as required. (i) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: (1) Sections to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) Retaining walls are subject to the City's Hillside Management Standards. (j) Prior to the issuance of any City permits, the applicant shall submit a soils report for the City's review and approval that incorporates the suitability 10 i 4,,.. i��" ';.fir;, dr o l.T :"r d!Lill�_InuM and stability of all retaining walls (including the existing driveway retaining walls) to withstand the pressure of the retained soil and surcharge created by the proposed loads. Additionally, the soils report - shall evaluate the existing conditions of the previous illegal grading and uncertified fill in various areas of the project site. Furthermore, the soils report shall review the proposed improvements, recommend design and any required mitigation related to the illegal grading and uncertified fill. (k) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (1) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (m) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (n) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (o) The proposed residence shall comply with the State _ Energy Conservation Standards -.- (p) Surface water shall drain away from the proposed residence at a two -percent minimum slope. (q) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof 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 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. 11 1111111 11111 1IJ7""` —" ----T _ I �I I I i i 1� i Hua 11in ,o0,i (r) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National!I,Ik Electrical Code) requirements. (s) Construction plans shall' be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (t) Construction plans shall delineate natural light and ventilation for the basement game room. (u)- Building setback for the rear of the residential structure at top of slope shall be provided at H/3 or a special footing designed by a geotechnical engineer. (v) Pursuant to Fire Department requirement, the restroom/pool equipment structure shall maintain a three-foot setback from the rear property line. (w) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. k (x) 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 of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) 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 and Development Services 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, school fees and fees for the review of submitted reports. (z) 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 12 Game Code requirements: Furthermore, if this project f-, is not exempt from a filing fee imposed because the i project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the i -� Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: Mr. and Mrs. Wen Chang, 1011 Summitridge Road, Diamond Bar, CA 91765 and Ku and Associates, Inc., Habitant Development Corporation, 18725 E. Gale Avenue, #217, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 8TH OF FEBRUARY 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: eveT e, hairman 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 8th day of February 2000, by the following vote: AYES: Tye, Nelson, Kuo, McManus, Ruzicka NOES: None ABSENT: None ABSTAIN: None i ATTEST: J es DeStefan Secretary 13 I I I 1 dl 11111111111 !!111! '—ll'— I! i ii iI Irllrld,l.un --— PLANNING COMMISSION RESOLUTION NO. 2000-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-01, VARIANCE NO. 2000-01, MINOR VARIANCE NO. 2000-01 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO- STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 15,602 SQUARE FEET WITH A BASEMENT, SIX CAR GARAGE, INDOOR SWIMMING POOL, OUTDOOR SWIMMING POOL/SPA, TENNIS COURT WITH FENCING AND LIGHTING, RESTROOM/POOL EQUIPMENT STRUCTURE, TRELLIS AND RETAINING WALLS. THE PROJECT SITE IS LOCATED AT 22840 RIDGELINE ROAD (TRACT NO. 30091, LOT 156), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner Mr. and Mrs. Wen Chang and applicant, Ku and Associates, Inc., Habitant Development Corporation, have filed and application for Development Review No. 2000-01, Variance No. 2000-01 and Minor Variance No. 2000-01 for a property located at 22840 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Variance, Minor Variance and Categorical Exemption shall be referred to as the "Application." 2. On January 26, 2000, the public hearing notice was posted in three public places within the City of Diamond Bar. On January 27, 2000, the project site was posted with the required display board. Furthermore, on January 27, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and public hearing notices were mailed to approximately 33 property owners of record within a 500 -foot radius of the project on January 26, 2000. 3. On February 6, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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 finds that the project identified above in this Resolution is Categorically Exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 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 lot located within a gated community identified as "The Country Estates." The project site is currently vacant due to a fire that occurred in July'1599 and a demolition permit issued by the City on October 1, 1999. Before the fire, the project site was developed with a two-story single family residence of approximately 2,800 square with a garage, swimming pool/spa and keystone retaining wall system that supports the main driveway access to the buildable pad. The only structure remaining on the site is the keystone retaining wall system. The project site is irregular shaped, sloping up from Ridgeline Road to a flat pad and sloping down toward the rear and side property lines. The project site is approximately 1.70 acres. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum I DU/AC. (c) The project site is within the Single Family Residence -minimum Lot Size 40,000 Square Feet (R-140,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone and use surround the project site: to'the north, south and 40,000 /RR Zone; and to the east is the R-1-40,000/RR Zone and the Walnut Valley Water District (WVWD) property which contains three water tanks. (e) The Application request is to construct a two-story single-family residence of approximately 15,602 square feet with a basement, balcony, six car garage, indoor swimming pool, outdoor swimming pool/spa, tennis court with fencing and lighting, restroom/pool equipment structure, trellis and retaining walls. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). Tract Map No. 30091 was approved by Los Angeles County in 1969 prior to the City of Diamond Bar's incorporation and sited for residential development. Eventually, a two-story single family residence was built on Lot 156, the project site. In July 1999, a fire destroyed this residence. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.70 acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates." (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site was sited for and developed with single family residence destroyed by fire. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed single family residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed single family residence is not expected to create traffic or pedestrian hazards due to that fact that the use is the same and Ridgeline Road adequately serves the project site and was established to handle minimum traffic created by this type of development. (h) 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 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is California Mission. Architectural features such as a main entry with columns, balcony, tile roof with cupolas and roof articulation, stucco exterior walls with stone accents and color scheme are consistent and compatible with the eclectic architectural style, materials and colors of other homes 'within "The Country Estates." Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific - plan for this area. (i) 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. As referenced in the above findings and the colors /materials, the proposed project 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 while offering variety in color and texture related to stucco and stone accent and a low level of maintenance Q) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and A Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to Guidelines of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15303(a) of Article 11 of the California Code of Regulations. Variance/Minor Variance (1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; The Variance request is to allow a reduction in the rear setback for the residence, restroom/pool equipment structure, tennis court and tennis court lighting; and authorize fencing and wall heights to exceed the allowed maximum height. The Minor Variance request is to allow a minimum deviation in the residence's maximum permitted height by the addition of two cupolas, which the City considers an architectural feature. The project site is bordered on three sides by the Walnut Valley Water District property and contains three water storage tanks. The project site is irregular shape and may be described as a backward -Lff (J) The site's buildable pad and main circular driveway access, establish with a keystone retaining wall system to the site, is existing. The existing pad elevation is approximately five feet to 14 feet above Ridgeline Road. The applicant desires to utilize the existing driveway and maintain the existing pad elevations as much as possible, thereby keeping grading as minimal as possible. The project design is such that the deepest portion of the buildable pad will be utilized for the residence; and the narrowest portion of the buildable pad will be utilized for the proposed recreational amenities. Siting the proposed structures in this manner is logical and conducive to quality design. A Variance approval would allow the proposed residential structure to be constructed with a reduced rear setback. Pursuant to the Development Code, a residential structure in the R-1-40,000/RR Zone is required to maintain a 20 -foot' rear setback. The proposed residential structure's rear setback varies from five feet to 65 feet. The five foot setback is at the corner of the residence, which is adjacent to the WVWD property. Considering the lot configuration and the fact the setback reduction is not adjacent to a residence, it is anticipated that the setback reduction impact will be insignificant. However, the purchase of the WVWD property will change- this setback, at this point, to approximately 50 feet. Approval of the Variance would allow a retaining wall with an exposed height of five feet within the 30 foot front yard setback but not in the dedicated easement for Ridgeline Road. Pursuant to the Development Code, the maximum height of a retaining wall/wall/fence within the front yard setback is 42 inches (3.5 feet). However, due to the elevation difference between the street and buildable pad and the utilization of the existing driveway, it is not practical or cost effective to remove the driveway and lower the pad elevation. Because of the site's elevation, the retaining wall needs to be established at the fivefoot height. The tennis court requires a Variance because, as proposed, it does not comply with the required front and rear setback. A tennis court is considered an accessory structure due to the needed fencing and lighting, and requires a construction permit. As an accessory structure, a tennis court is required to maintain Code specified 20 foot rear setback. The buildable pad is irregular shaped with the proposed tennis court located on the narrowing portion of the pad. Since the pad area and main driveway are existing, the design of the site plan, as presented, is logical. It is the pad configuration that causes the setback reduction for the tennis court. The impact of the rear setback reduction is considered insignificant because this area is adjacent to WVWD property and not to a residence. The front setback varies from 21 feet to 25 feet instead of the 30 feet as required by Code. With the purchase of the WVWD property, the front setback will vary from 26 feet to 30 feet. Tennis courts are common place in 'The Country Estatesff and have been approved in the past with similar setbacks. Due to the narrowing of the lot and the most advantageous direct for a tennis court due to rising and setting of the sun, - the proposed location is probably best suited for the court. Additionally, plant materials will be utilized to assist in screening the tennis court from Ridgeline Road. Tennis court fencing requires a Variance because, as proposed, it does not comply with the allowed maximum six foot height. The wrought iron tennis court fencing is proposed at a height of 12 feet and will surround the court, and in some areas be placed upon a wall. when placement is upon a wall, the total height (wall and fencing) will not exceed 12 feet. Because the required setbacks are reduced, a Variance approval is required for the fence height within the required setback. The same setback requirement applies to the tennis court light fixtures. Since the some of the fixtures will be located within the required setback, a Variance approval is also required. The pole light fixtures are proposed at a height of approximately 17 feet. Pursuant to Code, these fixtures are not to be located closer than 10 feet to the adjacent property line (except as approved by a Variance) and not located more than 18 feet from the court surface. It is the lot configuration and pad elevation that also causes this Variance. Furthermore, the tennis court is adjacent to the WVWD property and is not expected to have a significant negative effect on residential properties. Pursuant to the Development Code, the restroom/pool equipment structure is considered an accessory structure. As such, it is required to maintain the same setbacks as the residential structure. it maintains the required front and side setbacks but not the required rear setback. Due to lot configuration, the established buildable pad and the location of the swimming pool, the location of the restroom/pool equipment structure is logical. AS proposed, it is located at the rear property line, shared by the WVWD not a residential property. As such, the impact of a setback reduction is expected to be insignificant. Approval of the Minor Variance would allow two cupolas to extend a maximum of 3. 5 f eet above the maximum allow height of 35 feet for a residential structure. Pursuant to the City's Design Guidelines, roof articulation is encouraged. The cupolas along with changes in roof planes strengthen roof articulation. Additionally, the cupolas are an intricate part of the residential structures design and allows light to radiate down through the residence. (m) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; As stated above in Item (1) , the granting of this Variance and Minor Variance is based on the facts that the buildable pad area is already established, the main access driveway to the site is existing, the difference between the pad and street elevations and lot configuration. Additionally, other homes with in "The Country Estates are similar in size and enjoy the same recreational amenities as proposed by this Application. As a result, granting the Variance is necessary for the preservation and enjoyment of substantial, property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance and Minor Variance is sought. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; As stated above in Items (f) and (1) , granting the Variance and Minor Variance is consistent with the General Plan and any applicable specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; As stated above in Items (g), (h), (i), Q), (1), (m), and (n), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 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, sections, final 8 landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated February 8, 2000, as submitted and approved by the Planning Commission, and as amended herein. (b) The 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 a 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. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. Said plan shall delineate plant species, size, quantity and location and shall include plant materials utilized for all slopes and the screening of the tennis court from Ridgeline Road. Additionally, said plan shall delineate enhanced landscaping adjacent to the proposed driveway at Ridgeline Road with trees and shrubs that will create a buffer against noise and vehicle headlights for the adjacent neighbor. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant installed all approved landscaping and irrigation. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The applicant shall locate the trellis 30 feet from the front property line and shall indicate said setback on the revised landscape plan or site plan. (f) In the event that the applicant purchases or obtains an easement of approximately 3,966 square feet from the adjacent WVWD property, the applicant shall process a Lot Line Adjustment for the City's review and approval prior to the issuance of any City permits. In the event of an easement, the applicant shall record said easement prior to the issuance of any City permits. Additionally, the applicant shall submit a revised site plan delineating how the acquisition of said property affects the location of proposed structures for the City's review and approval. (g) Tennis court light fixtures shall not be located more than 18 feet from the court surface. The light poles shall have a five-foot extension arm and shielded in a manner that completely cuts off light source when viewed from any point five feet or more beyond the property line. The incident light level at a property line shall not exceed one -footcandle measured from grade at a 12 -foot height. The incident light level upon any habitable building on an adjacent residential property shall not exceed .05 footcandle. In a tennis court lighting plan/study, —the applicant shall demonstrate the incident light levels and the onefootcandle measurement. The applicant shall submit said plan for the City's review and approval prior to the issuance of any City permits. Additionally, tennis court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. (h) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist, as required. (i) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: (1) Sections to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) Retaining walls are subject to the City's Hillside Management Standards. Q) Prior to the issuance of any City permits, the La applicant shall submit a soils report for the City's review and approval that incorporates the suitability 10 and stability of all 'retaining walls (including the existing driveway retaining walls) to withstand the pressure of the retained soil and surcharge created by the proposed loads. Additionally, the soils report shall evaluate the existing conditions of the previous illegal grading and uncertified fill in various areas of the project site. Furthermore, the soils report shall review the proposed improvements, recommend design and any required mitigation related to the illegal grading and uncertified fill. (k) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the (1) Slope of the proposed driveway shall not exceed 15 percent and shall obtain (m) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) - standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (n) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (o) The proposed residence shall comply with the State Energy Conservation (p) Surface water shall drain away from the proposed residence at a two -percent (q) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be -Fire Retardant." Tile roof 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 corrosionresistant wire mesh not -less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. K Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform,Mechanical Code, and the 1996 National Electrical Code) requirements. (s) Construction plans shall' be engineered to meet wind loads of 80 M.P—.H. with a (t) Construction plans shall delineate natural light and ventilation for the basement (u) Building setback for the rear of the residential structure at top of slope shall be provided at H/3 or a special footing designed by a geotechnical engineer. (v) Pursuant to Fire Department requirement, the restroom/pool equipment structure shall maintain a three-foot setback from the rear property line. M Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (x) 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 of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) 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 and Development Services 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, school fees and fees for the review of submitted reports. (z) 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 12 Game Code requirements, Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact 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. 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: Mr. and Mrs. Wen Chang, 1011 Summitridge Road, Diamond Bar, CA 91765 and Ku and Associates, Inc., Habitant Development Corporation, 18725 E. Gale Avenue, #217, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 8TH OF FEBRUARY 2000, BY THE PLANNING BY: eve Tye, hairman 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 Conunission held on the 8thday of February 2000, by the following vote: AYES: Tye, Nelson, Kuo, McManus, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: Pes DeStef an— pSe( J es DeStefan , Secretary 13