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HomeMy WebLinkAboutPC 2000-04-- __y—_ _I— L__ _- -e in. w- h4WVdY tIlw •+..�.._, 1-4"1.11, I._ .i 1,-11 k, ly - -M=4-F.+..MLdbM4JIUH1�aAN�y.___ PLANNING COMMISSION RESOLUTION NO. 2000-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-8 AND MINOR CONDITIONAL USE PERMIT NO. 2000-2, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 8,77,6 SQUARE FEET TO AN EXISTING LEGAL NON -CONFORMING SINGLE FAMILY RESIDENCE OF APPROXIMATELY 15,921 SQUARE FEET AND ACCEPTING NEGATIVE DECLARATION NO. 2000-1. THE PROJECT SITE IS LOCATED AT 22128 STEEPLECHASE LANE (LOT 20, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. -RECITALS 1. The property owner, Samuel Liu, and applicant Chary Dagam, have filed an application for Development Review No. 99-8, Minor Conditional Use Permit No. 2000-2 and Negative Declaration No. 2000-1 for a property located at 22128 Steeplechase Lane, Diamond Bar, California. Hereinafter, in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Negative Declaration shall be referred to as the "Application". 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on March 8, 2000. Public hearing notices were mailed to approximately 149 property owners of record within a 500 foot radius of the project on March 8, 2000. Furthermore, the project site was posted with a display board on March 7, 2000. Three other sites were posted within the vicinity of this application. 3. The Planning Commission of the City of Diamond Bar on March 28, 2000 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 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. :1IY it IPb ,;,p 2. The Planning Commission hereby finds that the Initial i'i Study review and Negative Declaration No.,2000-1 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970'and guidelines promulgated thereunder, pursuant to Section 15670. Furthermore, Negative Declaration No. 2000-1 reflects the independent judgement of the City of Diamond Bar, 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 the 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 wild life 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to lot located within a gated community identified as "The Country Estates", which contains an existing single family residence of approximately 15,921 square feet. The project site is approximately 1.09 gross acres. The project site is retangular shaped with a rear yard that slopes down toward the canyon. According to the Tract Map, the project site does not contain any building restricted areas or easements. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 dwelling unit per acre (c) The zoning designation for the project site is Single Family Residential - Minimum Lot Size 20,000 Square Feet (R-1-20,000). 2 ! (d) Generally, the follow ng"`i�zones'and uses surround the project site: to the north, south, east, and west is the Rural Residential Zone. (e) The application request is to construct a proposed addition of approximately 8,776 square feet including a retaining wall, indoor pool, terrace deck, and indoor sauna/steam room to an existing legal non -conforming single family residence. DEVELOPMENT REVIEW: (f) The design and layout of the proposed development are consistent with the General Plan, 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. 30578 was approved by Los Angeles County in 1969 prior to the City of Diamond Bar's incorporation and sited for residential development. 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 j dwelling unit per acre since the project site is 1.09 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 houses within "The Country Estates". (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, -and will not create traffic or pedestrian hazards. The proposed project is an addition to a single family residence, which is consistent with other single family residences 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 3 hazards due to the fact that the use is the same and Steeplechase 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 and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. The proposed architectural style (as referred to in the application) is French. The proposed architectural style matches with the existing architectural style of. the main structure. Key architectural features include a terrace deck, stucco exterior walls and color scheme which are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates". Therefore, the project is consistent with and will maintain. and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.020, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. This project has also received the approval of "The Country Estates" architectural committee. (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, and will remain aesthetically appealing. As referenced in the above findings, 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 a low level of maintenance. (j) The proposed development will not be detrimental to the 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. 2 i Before the issuance o anyCity y permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to ' comply with 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 be 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). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has .determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-1 has been prepared. The Negative Declaration review period began March 7, 2000 and ended March 27, 2000. LEGAL NON -CONFORMING STRUCTURES (1) The addition, enlargement, extension, reconstruction, relocation, or structural alteration of the non -conforming structure would not result in the structure becoming incompatible with other - structures in the neighborhood. As stated in Item 4 (h) above, the proposed project is compatible with other structures in the vicinity. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items 4 (f) and (h) above, the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Development Code, and the City Design Guidelines. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in 5 the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code.,i The existing structure was completed with a Building Permit under the Los Angeles County Code and met the required setbacks of that Code. The current Diamond Bar Development Code is maximum three du/ac in Low Medium Density Residential (RLM) zone. The side setbacks for this zone have changed from the Los Angeles County Code of 101/10` to 101/15'. The application is considered a legal non -conforming structure. This is defined as any structure that was legally created or constructed prior to the adoption of the current Diamond Bar Development Code adopted on November 3, 1998, and which does not conform to current Code provisions and standards prescribed for the zoning district in which the use is located. The proposed project conforms to the applicable provisions of this Development Code by not exceeding the applicable height limit and/or encroaching further into the setbacks than the minimum setbacks applied to the previously existing structure. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. City permits, inspections, and soils reports are required for construction and will ensure that the finished project will not be detrimental to the health, safety, or general welfare of persons residing in the neighborhood. (p) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming detrimental and/or injurious to the property and improvements in the neighborhood. As stated in Items 4 (e), (f), (g), and (h) above, the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the 6 . ......... n. --'A , i. — J-11 .I-l�, , rn-rn",, 'n; xr, I harmonious, orderly 'and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed addition was also reviewed and approved by "The Country Estates" architectural committee. I Also, as stated in Item 4 (j) above, City permits, ! inspections, and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the -vicinity. MINOR CONDITIONAL USE PERMIT (q) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. „ The project site is zoned Rural Residential (RR). -., The proposed project remains a single-family residence. The existing parcel is considered -legal non -conforming because of the side yard setbacks. The granting of the Permit will allow the applicant to add the additional 8,776 square feet to the existing singl-e family residence, which does not encroach further into the side yard_ setbacks or exceed the maximum allowed height limit. The proposed application complies with all other applicable provisions of this Development Code and Municipal Code. (r) The proposed use is consistent with the General Plan and any applicable specific plan. The project site had been established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1999 has a land use designation of Rural Residential (RR). By not encroaching further into the side yard setbacks or exceeding the maximum allowed height, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open �- space. 7 (s) The design, location, size and operating characteristics of the proposed use are compatible with the existingand future land uses in the IB,! NIB,! l vicinity. The new development will continue to be for a single family residence. The project site is approximately 1.09 gross acres. It can accommodate the proposed 8,776 square foot addition since the development will include approximately 6,600 square foot underground basement. Two additional parking spaces are being proposed to accommodate the added square footage. The proposed features of the new development are consistent with the surrounding single family homes. Therefore, the project design, location, size and operating characteristics are compatible. (t) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As noted in Items 4 (e), (f), (g) above-, the proposed addition to the single family residence is suitable for, the type and density/ intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (u) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, inspections, and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. (v) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to thep rovisions of the California Environmental Quality Act (CEQA), Section 15070, the 8 __ .,.,..I .,R, _,.Il., ,--I-.,--,R--r, 1,- ,x1 �., .. �u•.a ' n,. 11-771 ,a 0t4 1'�. �`k�nsraP F_ _�.______ �_�__—_._�_—_�_Lu.mwaiuweminemmnmi�mnm.... w..-.�.�+--_.. .+..... •..,�,p,.�-.i�-�.yyy,, ... ,e.p�y nlm lhxle.�xr�MilY nNxVUY 111M11xbJNnmLyLLN._ � L - City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-1 has been prepared. The Negative Declaration review period began March 7, 2000 and ended March j "=y 27, 2000. 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 l plan, floor plan collectively labeled as Exhibit "A" and dated March 28, 2000, as submitted, amended herein and approved by the Planning Commission. (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 duly permitted waste contractor, who has been authorized by the City to r 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) Prior to the issuance of any City permits, the applicant shall provide for the replacement of eighteen, twenty-four inch box, California Walnut trees as follows: 1) Upon recommendation by the City, the applicant shall plant a specified number of California Walnut trees on the project site. _. 2) The applicant shall plant the remaining balance of trees at an off-site location that is reviewed 9 ___ _-4- _I_-. _ � I I>i i 1 111 o ami -, 1 11 ------r I - I I I I I I- 11 1 7 1 11 11 11 L , I I I -, -- and approved by the City or the applicant shall pay the total value (including the tree value and installation costs) of the remaining balance of ',i!d'd trees into the City's tree fund. P'1 3) The applicant shall post a bond in an amount equal to the value of the California Walnut trees and installation costs to ensure the trees are planted and maintained over a minimum five year period. 4) The applicant shall submit a final landscape plan, which indicates the type, size, and quantity of ornamental plant materials and specified number of California Walnut trees for the City's review and approval. 5) The applicant shall install all landscaping prior to the issuance of the Certificate of Occupancy and Planning Division's final inspection. (e) On the grading plan, the applicant shall delineate the following: 1) Cut and fill quantities and calculations; Li 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4) Proposed and existing grades; and 5) Any proposed retaining wall (indicating top of wall, finished surface and top of footing) (f) Prior to the issuance of City permits, a soils report shall submitted to the Public Works Division for review and approval. (g) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. (h) Prior to the issuance of any City permits, the applicant shall submit retaining wall details and calculations for the City's Building and Safety Division review and approval. �I 10 (i) All basement rooms shall be provided with natural light by providing exterior glazed openings. The rooms must also meet natural 'ventilation requirements by providing ventiliation openings that have an area based on 1/20 of the total floor area. (j) The single family structure shall meet the 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric code requirements j (k) Separate utilities shall not be approved. (1) The minimum design wind pressures shall be 80 miles per hour & "C" exposure. (m) This single family home is located in "Fire Zone 4" and shall meet all requirements of the fire 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. F 2) All unenclosed under floor areas shall be constructed as exterior wall. 3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion - resistant wire mesh not less than 1/ inch nor more than 1A inch in any dimension except where such openings are equipped with sash or door. 4) Chimneys shall have spark arrestors of maximum 1/. inch screen. (n) This residence shall meet the State Energy Conservation Standards. (o) Surface water shall drain away from building at a 2% minimum slope. (p) The applicant shall obtain a separate permit for the pool and spa. (q) Applicant shall obtain Fire _department approval, which is required due to the project location. 11 ­__ _ ��rll � 111111 JI'JI - 1 I 1 1 11 -T" ii ,1 1111 111 1_ 111 r "-------•--,----_.-__ {r) The 8,776 square foot addition is to be used in conjunction with the main residence. Neither the principal residence nor the addition shall be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The addition shall not be rented, used for commercial/ institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (s) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (t) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions' and Fire Department requirements. (u) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount 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 pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then 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. (w) The addition shall not include a kitchen facility. 12 i The Planning Commission'shall: (a) Certify to the adoption of this Resolution; and II � (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Samuel Liu, 22128 Steeplechase Lane, Diamond Bar, CA 91765 and Chary Dagam, 1000 North Regal Canyon Drive, Walnut, CA 91789. APPROVED AND ADOPTED THIS 28TH DAY OF MARCH 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I r O BY: Steve Nelson, Chairman I, Ann Lungu, Acting 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 28th day of March 2000, by the following vote: AYES: VC/Zirbes, Ruzicka, Tye, Kuo NOES: Chair/Nelson ABSENT: ABSTAIN: BY: 1A.-K-tungu, y tin S cret y I I i 13 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-8 AND MINOR CONDITIONAL USE PERMIT NO. 2000-2, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 8,776 SQUARE FEET TO AN EXISTING LEGAL NON -CONFORMING SINGLE FAMILY RESIDENCE OF APPROXIMATELY 15,921 SQUARE FEET AND ACCEPTING NEGATIVE DECLARATION NO. 2000-1. THE PROJECT SITE IS LOCATED AT 22128 STEEPLECHASE LANE (LOT 20, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. -RECITALS 1. The property owner, Samuel Liu, and applicant Chary Dagam, have filed an application for Development Review No. 99-8, Minor Conditional Use Permit No. 2000-2 and Negative Declaration No. 2000-1 for a property located at 22128 Steeplechase Lane, Diamond Bar, California. Hereinafter, in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Negative Declaration shall be referred to as the "Application". 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on March 8, 2000. Public hearing notices were mailed to approximately 149 property owners of record within a 500 foot radius of the project on March 8, 2000. Furthermore, the project site was posted with a display board on March 7, 2000. Three other sites were posted within the vicinity of this application. 3. The Planning Commission of the City of Diamond Bar on March 28, 2000 conducted a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, the Planning determined and resolved by the City of Commission of follows: Diamond Bar as ,.This all Planning Commission hereby specifically finds that of the facts set forth in the this Recitals. Part A. of Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No.,2000-1 has been prepared by the City of Diamond Bar in compliance with the requirements of 'the, California Environm.ental Quality Act (CEQA) of 1970 and—guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2QOO—I reflects the independent judgement of the City of Diamond Bar, i 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 the 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 wild life 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to - lot located within a gated community identified as "The Country Estateso, which contains an -existing single family residence of approximately 15,921 square feet. The project site is approximately 1.09 gross acres. The project site is retangular shaped with a rear yard that slopes down toward,the canyon. According to the Tract Map, the project site does not contain any building restricted,areas or easements. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 dwelling unit per acre (c) The zoning designation for the project site is Single Family Residential - Minimum Lot Size 20,000 Square Feet (R-1-20,000). (d) Generally, the'— f ollowirig"ftoheg -and uses surround the project site: to the north, south, east, and west is the Rural Residential Zone. (e) The application request is to construct a proposed addition of approximately 8,776 square feet including a retaining wall, indoor pool, terrace deck, and indoor sauna/steam room to an existing legal non -conforming single family residence. bEVELOPMENT REVIEW: (f) The design and layout of the proposed development are consistent with the General Plan, 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. 30578 was approved by Los Angeles County in 1969 prior to the City of Diamond Bar's incorporation and sited for residential development. 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 dwelling unit per acre since the project site is 1.09 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 houses within "The Country Estatesff. (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments,'and will not create traffic or pedestrian hazards. The proposed project is an addition to a single family residence, which is single family residences within The Country Estatesff. 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 the fact that the use is the same and Steeplechase adequately serves the project site and was established to handle minimum traffic created by this type of development. character of the surrounding neighborhood' and will maintain and -enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. The proposed architectural style (as referred to in the application) is French. The proposed architectural style matches with the existing architectural style of. the main structure. Key architectural features include a terrace deck, stucco exterior walls and color scheme which are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates". Therefore, the project is consistent with and will maintain. and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.020, the General Plan, and city Design Guidelines. Additionally, there is not a specific plan for this area. This project has also received the approval of "The Country EstatesO architectural committee. (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, and will remain aesthetically appealing. As referenced in the above findings, 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 a low level of maintenance. —j) The proposed development will not be detrimental to the 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. Before the is'suanc,e, —6f„ any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comp 1y with 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 be 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). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-1 has been prepared. The Negative Declaration review period began March 7, 2000 and ended March 27, 2000. LEGAL NON -CONFORMING STRUCTURES (1) The addition, enlargement, extension, reconstruction, relocation, or structural alteration of the non -conforming structure would not result in the structure becoming incompatible with otherstructures in the neighborhood. As stated in Item 4 (h) above, the proposed project is compatible with other structures in the vicinity. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items 4 (f) and (h) above, the proposed project is consistent with the City's General Plan objectives and strategies, Chapter 22.48 of the Development Code, and the City Design Guidelines. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing structure was completed with a Building Permit under the Los Angeles County Code and met the required setbacks of that Code. The current Diamond Bar Development Code is maximum three du/ac in Low Medium Density Residential (RLM) zone. The side setbacks for this zone have changed from the Los Angeles County Code of 101/10, to 101/15". The application is considered a legal non- conforming structure. This is defined as any structure that was legally, created or constructed prior to the adoption of the current -Diamond Bar Development Code adopted on November 3, 1998, and which does not conform to current Code provisions and standards prescribed for the zoning district in which the use is located. The proposed project conforms to the applicable provisions of this Development Code by not exceeding the applicable height limit and/or encroaching further into the setbacks than the minimum setbacks applied to the previously existing structure. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. City permits, inspections, and soils reports are required for construction and wt11 ensure that the finished project will not be detrimental to the health, safety, or general welfare of persons residing in the neighborhood. (p) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the non -conforming structure would not result in the structure becoming detrimental and/or injurious' to the property and improvements in the neighborhood, As stated in Items 4 (e) (f) (g) , and (h) above, the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly 'and, attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed addition was also reviewed and approved by "The Country Estates" architectural committee. Also, as stated in Item 4 Q) above, City permits, inspections, and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the.vicinity. MINOR CONDITIONAL USE PERMIT (q) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The project site is zoned Rural Residential (RR). The proposed project remains a single-family residence. The existing parcel is considered- legal non -conforming because of the side yard setbacks. The granting of the Permit will allow the applicant to add the additional 8,776 square feet to the existing singl-e family residence, which does not encroach further into the side yard, setbacks or exceed the maximum allowed height limit. The proposed application complies with all other applicable provi-sions of this Development Code and Municipal Code. (r) The proposed use is consistent with the General Plan and any applicable specific plan. The project site had been established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1999 has a land use designation of Rural Residential (RR). By not encroaching further into the side yard setbacks or exceeding the maximum allowed height, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. (s) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The new development will continue to be for a single family residence. The project site is approximately 1.09 gross acres. It can accommodate the proposed 8,776 square foot addition since the development will include approximately 6,600 square foot underground basement. Two additional parking spaces are being proposed to accommodate the added square footage. The proposed features of the new development are consistent with the surrounding single family homes. Therefore, the proJect design, location, size and operating characteristics are compatible. (t) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As noted in Items 4 (e), (f), (g) above-, the proposed addition to the single family residence is suitable for the type and density/ intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (u) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, inspections, and soils reports are required for construction and will ensure that the finished project will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. (v), The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-1 has been prepared. The Negative Declaration review period began March 7, 2 0 0 0 and ended March 27, 2000. 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, floor plan collectively labeled as Exhibit "A" and dated March 28, 2000, as submitted, amended herein and approved by the Planning Commission. (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 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This f encing shall remain until the Building Official approves its removal. (d) Prior to the issuance of any City permits, the applicant shall provide for the replacement of eighteen, twenty-four inch box, California Walnut trees as follows: ()Upon recommendation by the City, the applicant shall plant a specified number of California Walnut trees on the project site. 2) The applicant shall plant the remaining balance of trees at an off-site location that is reviewed and approved by the City or the applicant shall pay the total value (including the tree value and installation costs) of the remaining balance of trees into the City's tree fund. 3) The applicant shall post a bond in an amount equal to the value of the California Walnut trees and installation costs to ensure the trees are planted and maintained over a minimum five year period. 4) The applicant shall submit a final landscape plan, which indicates the type, size, and quantity of ornamental plant materials and specified number of California Walnut trees for the City's review and approval. 5) The applicant shall install all landscaping prior to the issuance of the Certificate of occupancy and Planning Division's final inspection. (e) On the grading plan, the applicant shall delineate the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4) Proposed and existing grades; and 5) Any proposed retaining wall (indicating top of wall, finished surface and (f) Prior to the issuance of City permits, a soils report shall submitted to the Public Works Division for review and approval. (g) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. (h) Prior to the issuance of any City permits, the applicant shall submit retaining wall details and calculations for the City's Building and Safety Division review and approval. 14X11 All basement rooms shall be provided with natural light by providing exterior glazed openings. The rooms must also meet natural ,ventilation requirements by providing ventiliation openings that have an area based on 1/20 of the total floor area. The single family structure shall meet the 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric code requirements (k) Separate utilities shall not be approved. (1) The minimum design wind pressures shall be 80 miles per hour & "C exposure. (m) This single family home is located in -Fire Zone 4" and shall meet all requirements of the fire 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 wall. 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 nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4) Chimneys shall have spark arrestors of maximuml/2 inch screen. (n) This residence shall meet the State Energy Conservation Standards. (o) Surface water shall drain away from building at a 2% minimum slope. (p) The applicant shall obtain a separate permit for the pool and spa. (q) Applicant shall obtain Fire -department approval, which is required due to the project location. The 8,776 square foot addition is to be used in conjunction with the main residence. Neither the principal residence, nor the addition shall be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The addition shall not be rented, used for commercial/ institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (v) If the Department of Fish and Game determines that (s) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's office prior to the issuance of a building permit. Fish and Game Code Section 711.2 applies to the (t) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions, and Fire Department requirements. approval of this project, then the applicant shall (u) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. emit to the CitV a cashier's check a able to the (v) If the Department of Fish and Game determines that �ounty Clerk, in the amount of $25.00 for a locumentary handling fee in connection with Fish and ame Code requirements. Furthermore, if this roject is not exempt from a filing fee imposed ursuant to Fish and Game Code Section 711.4 because he project has more than a deminimus impact on fish nd wildlife then the applicant shall also pay to he Department of Fish and Game any such fee and an ine which the Department determines to be owed. r-n w The addition shall not include a kitchen facility. 12 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: Samuel Liu, 22128 Steeplechase Lane, Diamond Bar, CA 91765 and Chary Dagam, 1000 North Regal Canyon Drive, Walnut, CA 91789. APPROVED AND ADOPTED THIS 28" DAY OF MARCH 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: (—Siteve telson, Chairman I, Ann Lungu, Acting 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 28 th day of March 2000, by the following vote: AYES: VC/Zirbes, Ruzicka, Tye, Kuo NOES: Chair/Nelson ABSENT: ABSTAIN: BY: A-- ungu, t4n S cret y A-ung'u,yt secret -y