HomeMy WebLinkAboutPC 2000-05PLANNING COMMISSION RESOLUTION NO. 2000-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE . CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-09, TREE PERMIT 2000-02, AND CATEGORICAL, EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO- STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 16,795 SQUARE FEET WITH A BASEMENT, BALCONIES, PORCH, PATIOS, INDOOR SWIMMING POOL AND A FIVE - CAR GARAGE ON A VACANT PARCEL. ADDITIONALLY, THE REQUEST INCLUDES ACCESSORY STRUCTURES; TENNIS COURT, ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE PROJECT SITE IS 23622 RIDGELINE ROAD (LOT 88 OF TRACT MAP NO. 30289), DIAMOND BAR CA.' A. Recitals 1. The property owner, David Deng, and applicant, S&W Development, have filed an application for Development Review No. 99-09 and Tree Permit No. 2000-02 for a property located at 23622 Ridgeline Road, Diamond Bar, Los Angeles County, California, and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Tree Permit, and Categorical Exemption shall be referred to as the "Application". 2. On March 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Thirty property owners within a 500 -foot radius of the project site were notified by mail. On March 17, 2000, a notice of public hearing on a display board -was posted at the site and displayed for at -least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. 3. On March 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to April 11, 2000, and concluded the public hearing on April 11, 2000. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from therequirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder.This is pursuant to Section 15303(a) of.Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations 'which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Based upon the findings and conclusions set forth herein, U-14. this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23622 Ridgeline Road (Lot 88° -of Tract No. 30289), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 2.68 gross acres and 2.60 net acres. It is shaped irregularly, widening and sloping downward toward the rear, southwesterly exposure. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned R-1-40,000, single-family residence. (c) Generally, the following zones surround the subject site: to the north is R-1-8,000, to the south, east and west is the R-1-40,000 Residential Zone. (d) The application is a request to construct a two- story, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a vacant parcel. Additionally, the request includes accessory structures: tennis court, rose garden with gazebo, and trellis. A K ____—J_-_ - L_�1_c�.4�.LIB.�.t_yLtlubultltluultl Ue'�*.�I.,"��-=-yro fiu ,r ,�Irvr.r, lx=r .r -f �=.-rm,.rn�--�rFJnur. iV.-. -_ i...M.n9r.IfllWwfufvll nnMiNixhniwuNVxwdmfxuw ___1_--- it Tree Permit is requested?toremove and replace one 8" DBH oak tree currently on site. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (Max. 1 du/acre). The proposed use is zoned for single- family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage, setback, and height i criteria of the Diamond Bar Development Code. Furthermore, the applicant has obtained the - approval of "The Country Estates" Homeowners' Association Architectural Committee. There is no specific or additional community planned development for the site. (f) 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 ha-zards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use of a single-family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Ridgeline Road. This private street is designed to handle minimum traffic created by this type of development. 3 (g) 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,h'''''" City Design Guidelines, or any applicable specific plan. The proposed project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design' Guidelines 'and Development Code. The project's architectural features include portico entry with precast concrete columns; balconies with precast concrete balustrades; deco foam stucco details, cornice, dentil, and window treatments; dome for skylight; and multi-levels of roof lines of Brick Red tile to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates." The accessory structures, tennis court, rose garden with precast concrete gazebo, and trellis are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) 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.' A project colors/materials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project 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. City permits, inspections and soils reports are required for construction. These 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. 4 �_ _ 1 _ _ r.4, -AI_; -_ ,i•.dlw,f--.IdlaliNlNa'A1NIlNiFmrAWnl.w4w�n�=-�. nAl«,-.- I —1—, The terrain in the vicinity of Ridgeline Road is hilly and like its name follows a ridgeline. The subject site is generally at a higher elevation than its neighbors, Lot 87 to the east and Lot 89 to the west. The rear of the project site drops into the canyon or Country Estates open space area. The project site slopes to the lowest point at the southeast corner of the lot. By maintaining the allowed height requirements, the proposed residential structures allow view corridors for the neighboring properties.. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (j) 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 the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). TREE PERMIT (k) Preservation of the existing 8" DBH oak tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). The applicant has submitted that development requires the removal of the 8" DBH oak tree at the northwest side of the property to utilize a motor court and garage access. The Applicant has designed the project according to Development Code Standards and City's Design Guidelines with relationship to heights and use of grades by building into the slope. The Country Estates requires the applicant to provide a six -car garage. Diamond Bar's Development Code requires only a two - car garage but may include more with a discretionary review. Appropriate mitigation measures, replacement and protection, will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards) and are incorporated as part of the conditions of approval. r. The common replacement of preserved/protected trees is 3:1. Staff has visited the site and confirmed 5 the trees. The larger trees noted on the plan are to remain and shall be protected during the construction process. rµry�u,y Many homes within "The Country Estates" have been 4iH' built and/or remodeled with Tree Permits for removal and replacement. Therefore, preservation of the tree would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, grading plan, landscape plan, site photos, and materials/ colors board collectively labeled as Exhibit "A" dated April 11, 2000 as submitted and as amended herein. (b) The subject site shall be maintained in a condition that 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 insure 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. t (d) The Applicant shall replace the 8" DBE oak tree on- site at a 3:1 ratio with a like species with minimum 24" box trees. Additionally, Tree Protection Requirements as required per Section 22.38.140 shall be installed for all other California Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees with a 8" DBH or greater before 7�! J��f issuance of any City permits per the following: Li A i .p YnY rt•n.i. a.eiei i_._ ,_ ____i__ __ — �i _ i. �: _.��u Le..iai_u.a r.�l�_�Yu - 1. The existing trees,fto be retained shall be enclosed by chain link fencing with a minimum ' b height of five feet or g y another protective barrier approved by the Director prior to the issuance of a grading or building permit and prior to commencement of work. 2. Barriers shall be placed at least five' feet outside the drip line of trees to be protected. A lesser distance may be approved by the Director if appropriate to the species and the adjacent construction activity. 3. No grade changes shall be made within the protective barriers without prior approval by the Director. Where roots greater than one inch in diameter are damaged or exposed, the roots shall be cleanly saw cut and covered with soil in conformance with industry standards. 4. Excavation or landscape preparation within the protective barriers shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. 5. No attachments or wires other than those of a protective or non -damaging nature shall..be attached to a protected tree. 6. No equipment or debris of any kind shall be placed within the protective barriers. No fuel, -y paint, solvent, oil, thinner, asphalt, cement, grout or any other construction chemical shall be stored or allowed in any manner to enter within the protected barrier. 7. If access within the protection zone of a protected tree is required during the construction process, the route shall be covered in a six-inch mulch bed in the drip line area and the area shall be aerated and fertilized at the conclusion of the construction. 8. When the existing grade around a protected tree is to be raised, drain tiles shall be laid over the soil to drain liquids away from the trunk. The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy non -porous soils like clay. Dry wells shall be large enough to allow for maximum growth of the tree trunk. Dry well walls shall be constructed of materials that permit passage of air and water. 9. When the existing grade around a tree is to be lowered, either by terracing or a retaining wall, a combination may be used to lower grade. With either method, the area within the drip line 7 shall be left at the original grade. The retaining wall shall be porous to allow for aeration. 10.Trees that have been destroyed or that haveME' received major damage during construction shall be replaced prior to final inspection. (e) Tennis Court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section. 22.16. O50 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: { 1. Light fixtures shall not be located closer than 10 feet to the nearest property line. 2. Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 3. Light fixtures shall not be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square 'feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole. 6. Light fixtures shall be designed, constructed, 4: mounted and maintained so that, with appropriate shielding, the light source is completely cut off 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 foot-candle measured from grade to a height -of 12 feet. -The incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. 7. Recreational 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. 8. The illuminated court surface is visible from another parcel, therefore, the court surface shall be treated with a low reflectance, dark - colored coating. 4 (f) Landscaping trees and shrubs shall be required to soften the height of the tennis court and walls at the southerly section. Additionally, the landscape plan shall reflect trees and shrubs adjacent to the motor court to aid in shielding vehicle lights from f Lot 89. The invasive species pampas grass shall be replaced by a non-invasive species and these 0 bA ....... .., 0.. m . ., ... R. ., ..., �, .. A I, —.� „._ .i S',_..,I- 1�., � -1 � i1 1 11 1 1. , � ill I i i t11 x , --n, X*XAJa �Tk r revised landscape p1ghs shall be reviewed and approved by the Planning Division. (g) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Additionally, any walls, gates, fountains, etc. that may be proposed within the front setback shall not exceed 42 inches in height or be constructed within the street's dedicated easement. (h) Driveway design and colors shall be submitted to the Planning Division for review and approval. Trellis color shall match main structure color palette. (i) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall be delineated: 1. Cut and fill quantities and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. Proper drainage with detailed sketches; 4. Proposed and existing grades; 5. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 6. Clearly delineate all easements (i.e.-Flood Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed of wood or wood products; B. Retaining walls shall be required to be ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted with retaining walls; 10. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; 11. All grading is subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 9 �..__ i___._`_"`-7"'7'T1111TMfT""rLi'IT-_ -1----1" - - I � _-._�-7i 11 1 1!-- 12. Erosion Control plan shall be submitted for permits before April 15, 2000; 13. The location of the Preserved/Protected Trees tN shall be shown on the grading plan. i (j) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (k) Any grading or other construction activities over the property line shall require the adjacent property owner's written concurrence and permission. (1) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed addition shall be approved. (m) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (n) Drainage pattern shall be reviewed and approved by the Public works Division; surface water shall drain away from the building at a 2% minimum slope. (o) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (p) The single-family structure shall meet- the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. i (r) The single-family structure is located in "Fire zone 4" and shall meet the following requirements of that fire zone: 1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 1 10 ) "AA .A ..,.��.�. ., r. x..,,T.., �a,,.��.-�, .,,..,, �,.�., � �,+,,■�..,� e�.,aP.�,,,�� a�.�:�:10r> Aru"I�KP�-m ����� 2. All enclosed 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/ 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 arresters of maximum 1h inch screen. (s) This single-family structure shall meet the State Energy Conservation Standards.' (t) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. (v) The owner shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section ' 22.42.070 for any Home Base Business use. mw (w) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (x) 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 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 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. 11 �.1�r. a - �� - rnmv) i,r, i (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 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 David Deng, 2668 Highridge Drive, Chino Hills, CA 91709 and S&W Development, 20547 Walnut Drive, #D, Walnut, CA 91789. APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Ae Pteve4 Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of April, 2000-, by the following vote: AYES: Kuo, Ruzicka, Tye, NOES: ABSENT: ABSTAIN: ATTEST: wavw VC/Zirbes, Chair/Nelson aures DeStefa-�o, Secretary D:WDRD-LINDA/PLANCOMM/PROJECTS/DR99-09 23622 RIDGELINE/RESO... 12 PLANNING COMMISSION RESOLUTION NO. 2000-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-09, TREE PERMIT 2000-02, AND CATEGORICAL, EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWOSTORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 16,795 SQUARE FEET WITH A BASEMENT, BALCONIES, PORCH, PATIOS, INDOOR SWIMMING POOL AND A FIVECAR GARAGE ON A VACANT PARCEL. ADDITIONALLY, THE REQUEST INCLUDES ACCESSORY STRUCTURES: TENNIS COURT, ROSE GARDEN WITH GAZEBO, AND TRELLIS. THE PROJECT SITE IS 23622 RIDGELINE ROAD (LOT 88 OF TRACT MAP NO. 30289), DIAMOND BAR CA.' A. Recitals 1. The property owner, David Deng, and applicant, S&W Development, have filed an application for Development Review No. 99-09 and Tree Permit No. 2000-02 for a property located at 23622 Ridgeline Road, Diamond Bar, Los Angeles County, California, and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Tree Permit, and Categorical Exemption shall be referred to as the "Application". 2. On March 17, 2000, notification of the'public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers-. Thirty property owners within a 500 -foot radius of the project site were notified by mail. On March 17, 2000, a notice of public hearing on a display board -was posted at the site and displayed"for at -least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. 3. On March 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to April 11, 2000, and concluded the public hearing on April 11, 2000. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to section 15303(a) of,Article-19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which, have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that,the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this' Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, (a) The project relates to a parcel at 23622 Ridgeline Road (Lot 88, -of Tract No. 30289), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 2.68 gross acres and 2.60 net acres. It is shaped irregularly- , widening and sloping downward toward the rear, southwesterly exposure. (b) The General Plan Land Use designation is Rural Residential MR), I du/acre. The project site is zoned R-1-40,000, single-family residence. (c) Generally, the following zones surround the subject site: to the north is R-1- 8,000, to the south, east and west is the R-1-40,000 Residential Zone. (d) The application is a request to construct a twostory, single-family residence of approximately 16,795 square feet with a basement, balconies, porch, patios, indoor swimming pool and a five -car garage on a -vacant parcel. Additionally, the request includes accessory structures: tennis court, rose garden with gazebo, and trellis. A Tree Permit i,s requestedtto—re move and replace one 8" DBH oak tree currently on site. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (Max. 1 du/acre) . The proposed use is zoned for singlefamily residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code. Furthermore, the applicant has obtained the approval of "The Country Estates" Homeowners' Association Architectural Committee. There is no specific or additional community planned development for the site. (f) 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 ha-zards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use of a single-family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is Road. This adequately served by Ridgeline street is private minimum traffic designed to handle development. (g) 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 project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design' Guidelines 'and Development Code. The project's architectural features include portico entry with precast concrete columns; balconies with precast concrete balustrades; deco foam stucco details, cornice, dentil, and window treatments; dome for skylight; and multi-levels of roof lines of Brick Red tile to add texture and contrast. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the, architectural committee of "The Country Estates." The accessory structures, tennis court, rose garden with precast concrete gazebo, and trellis are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) 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.' A project colors /materials board is p-rovided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project 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. City permits, inspections and soils reports are required for construction. These 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. TREE PERMIT The terrain in the vicinity of Ridgeline Road is hilly and like its name follows a ridgeline. The subject site is generally at a higher elevation than its neighbors, Lot 87 to the east and Lot 89 to the west. The rear of the project site drops into the canyon or Country Estates open space area. The project site slopes to the lowest point at the southeast corner of the lot. By maintaining the allowed height requirements, the proposed residential structures allow view corridors for the neighboring properties.. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. Q) 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 the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). W Preservation of the existing 8" DBH oak tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). The - applicant has submitted that development requires the removal of the 8ff DBH oak t-ree at the northwest side of the property to utilize a motor court and garage access. The Applicant has designed the project according to Development Code Standards and City's Design Guidelines with relationship to heights and use of grades by building into the slope. The Country Estates requires the applicant to provide a six-car,garage. Diamond Bar's Development Code requires only a twocar garage but may include more with a discretionary review. Appropriate mitigation measures, replacement and protection, will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards) and are incorporated as part of the conditions of approval. The common replacement of preserved/protected trees is 3:1. Staff has visited the site and confirmed the trees. The larger trees noted on the plan are to remain and shall be protected during the construction process. Many homes within "The Country Estates" have been built and/or remodeled with Tree Permits for removal and replacement. Therefore, preservation of the tree would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, grading plan, landscape plan, site photos, and materials /colors board collectively labeled as Exhibit "A" dated April 11, 2000 as submitted and as amended herein. (b) The subject site shall be maintained in a condition that 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 insure 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) The Applicant shall replace the 8" DBE oak tree onsite at a 3:1 ratio with a like species with minimum 240 box trees. Additionally, Tree Protection Requirements as required per Section 22.38.140 shall -be installed for all other California Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees with a 811 DBH or greater before issuance of any City permits per the following: 6VAk. G`Imvlvm The existing trees,'—to be retained shall be enclosed by chain link fencing with a minimum height of five feet or by another protective arrier approved by the Director prior to the ssuance of a grading or building permit and rior to commencement of work. 2. Barriers shall be placed at least five' feet utside the drip line of trees to be protected. lesser distance may be approved by the Director f a ro 3—late to the species and the adjacent onstruction activity. 3. No grade changes shall be made within the rotective barriers without prior approval by the Director. Where roots greater than one inch in iameter are damaged or exposed, the roots shall e cleanly saw cut and covered with soil in onformance with industry standards. 4. Excavation or landscape preparation within the rotective barriers shall be limited to the use Df hand tools and small hand-held power tools and hall not be of a depth that could cause root ama e. 5. No attachments or wires other than those of a rotective or non -damaging nature shall,.be ttached to a protected tree. S. Noequipment or debris of any kind shall be laced within the protective barriers. No fuel, aint, solvent, oil, thinner, asphalt, cement, rout or any other construction chemical shall be tored or allowed in any -manner to enter within he protected barrier. 7.If access within the protection zone of a rotected tree is required during the onstruction process, the route shall be covered n a six-inch mulch bed in the drip line area and he area shall be aerated and fertili-zed at the onclusion of the construction. B. en the existing -grade around a protected tree s to be raised, drain tiles shall be laid over he soil to drain liquids away from the trunk. The number of drains shall depend upon the soil material. Lighter sandy soils and porous gravelly material require fewer drains than heavy ion -porous soils like clay. Dry wells shall be are enou h to allow for maximum growth of the ree trunk. Dry well walls shall be constructed Df materials that permit passage of air and Nater. 9. en the existing rade around a tree is to be owered, either by terracing or a retaining wall, combination may be used to lower grade. With ither method, the area within the drip line shall be lef t at the original -grade. The retaining wall shall be porous to allow for aeration. 1 O.Trees that have been destroyed or that have received major damage during construction shall be replaced prior to final inspection. (e) Tennis Court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section. 22.1'6.0.50 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: I. Light fixtures shall not be located closer than 10 feet to the nearest property line. 2.Fixtures shall be of a type that is rectangular on a horizontal plane. The outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material. 31ight fixtures shall not be located more than 18 feet from the court surface. 4. Not more than one light fixture per 900 square 'feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court. 5. Light fixtures shall be supported by an arm extending at least 4 feet from a support pole. 6. Light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off 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 foot-candle measured from grade to a height -of 12 feet. -The incident light level upon any habitable building on an adjacent property shall not exceed'.05 foot-candle. 7 Recreational 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. 8. The illuminated court surface is visible from another parcel, therefore, the court surface shall be treated with a low reflectance, darkcolored coating. (f) Landscaping trees and shrubs shall be required to soften the height of the tennis court and walls at the southerly section. Additionally, the landscape plan shall reflect trees and shrubs adjacent to the motor court to aid in shielding vehicle lights from Lot 89. The invasive species pampas grass shall be replaced by a non-invasive species and these All flow lines, finished su revid landscape plAfis shall be reviewed and approved by the Planni Divi on. (g) The Ian scaping/irrigation shall be installed prior to the Planning Divisioi final inspection or Certificate of Occupancy issuance. Additionally, a walls, gates, fountains, etc. that may be proposed within the front setba shall not exceed 42 inches in height or be constructed within the stree dedi ated easement. finished grades; (h) Driveway design and colors shall be submitted to the Planning Division for review and approval. Trellis color shall match main structure color palette. (i) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall be delineated: Proper drainage with detailed sketches 4. Proposed and existing grades; S. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 6. Clearly delineate all easements i.e. - Flood Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed o wood or woodproducts; 8. Retaining walls shall be required to be ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted with retaining walls; 10. Indicate retaining wall locations on grading Ian with standard detail and delineate: a Top of wall; b Top of footing; c Finish Surface; d Structural calculations; an e Retaining walls exposed height shall not exceed six feet; 11. All grading is subject to Development Code Sections 22.16.030 Air Emissions and Section 22.28 Noise ; 12. Erosion Control plan shall be submitted f or permits before April 15, 2000; 13. The location of the Preserved/Protected Trees shall be shown on the grading plan. Q) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (k) Any grading or other construction activities over the property line 'shall require the adjacent property owner's written concurrence and permission. (1) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed addition shall be approved. (m) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (n) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% (o) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (p) The single-family structure shall meet- the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (q) The minimum design wind pressure shall be 80 miles per hour and "C" (r) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the f lame or members under the fire; m 2. All enclosed -Lihder-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 nor more than 1/2 inch in any dimension except where such openings are equipped,with sash or door; 4. Chimneys shall have spark arresters of maximum 1/2 inch screen. (s) This single-family structure shall meet the State Energy Conservation Standards.' (t) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. (v) The owner shall obtain a Zoning Clearance subject to the standards outlined in Development Code Section 22.42.070 for any Home Base Business use. (w) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (x) 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 -(I) year extension 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 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. (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 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 David Deng, 2668 Highridge Drive, Chino Hills, CA 91709 and S&W Development, 20547 Walnut Drive, #D, Walnut, CA 91789. APPROVED AND ADOPTED THIS 11th DAY OF APRIL 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 4, LAM,By: I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of April, 2000-, by the following vote: AYES: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: ABSENT: ABSTAIN: ATTEST: dames &DeS Yf a3o/, Se4 ames DeStefa-lo, Secretary D:WORD-LINDA/PLANCOMM/PROJECTS/DR99-0923622 RI DGELINE/RESO 12