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HomeMy WebLinkAboutPC 2000-07PLANNING COMMISSION - RESOLUTION NO. 2000-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-03 AND VARIANCE NO. 2000-03, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE (WITH THE CENTER PORTION THREE -STORIES) OF APPROXIMATELY 23,000 SQUARE FEET WITH BALCONY,, PORCH, FIVE -CAR GARAGE, TENNIS COURT WITH REDUCED SETBACKS AND RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF TEN FEET. THE PROJECT SITE IS LOCATED AT 2819 WATER COURSE DRIVE AND 2828 CRYSTAL RIDGE ROAD (46/33 RESPECTIVELY, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Diamond Bar West, LLC, has filed an application for Development Review No. 2000-03 and Variance No. 2000-03 for a property located at 2819 Water Course Drive and 2828 Crystal Ridge Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Variance shall be referred to as the "Application." 2. On April 26, 2000, the public hearing notice was posted in three public places within the City of Diamond Bar. On April 27, 2000, the project site was posted with the required display board. Furthermore, on April 27, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and public hearing notices were mailed to approximately 14 property owners of record within a 500 -foot radius of the project. 3. On May 9, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time and pursuant to the applicant's request, the public hearing was continued to May 23, 2000. On May 23, 2000, the Planning Commission conducted the continued public hearing, received public comments, discussed the project and concluded the public hearing. 1 --- - - -- - - - B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the „fl Planning Commission of the City of Diamond Bar as follows:il;' 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California EnvironmentalQuality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15162 (a) of Article 11 of the California Code of Regulations'. 3. The Planning Commission hereby specifically finds and determines that, having_ considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 50 -lot subdivision approved by the City Council on June 6, 1995. The project site, two vacant lots, is joined at the rear property lines. Lot 33 is 31,279 square feet with a buildable pad area of 17,050 square feet. Lot 46 is 26,746 square feet with a buildable pad area of 17,920 square feet. The combined lot area is 58,025 square feet (1.33 acres). The combined pad area is 34,970 square feet (0.8.0 acres.) Each lot contains easements only for access/public utility and service and sanitary sewer within its front portion. Lot 33 fronts onto Crystal Ridge Road. It has a pad elevation of 1007.5. This lot contains three slopes, one at the rear and side that slopes down to the pad and one at the front that slopes down to Crystal Ridge Road. Lot 46 fronts onto Water Course Drive. It has a pad elevation of 1018.5. This lot contains two slopes, one at the side 2 �I17q :d TO'-PkI ��� i. �i., that slopes down to hI ' pad and one in the front that - slopes down to Water Course Drive. These slopes contain some vegetation, however the vegetation is not part of the mitigation monitoring plan. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Rural Residential (-RR) Zone. (d) Generally, the following zones surround the project site: to the north is the RR Zone; to the south is the Agriculture (AG) Zone; to the east is the RR Zone; and to the west is the Low Medium Residential (RLM) Zone. (e) The Application request is to construct a two-story single-family residence (with the center portion three -stories) of approximately 23,000 square feet. The total square footage includes habitable space, balcony, front entry and a five -car garage. Additionally, the request includes a tennis court with reduced setbacks, lighting, and fencing and retaining walls with a maximum exposed height of approximately €_- 9.67 feet. Furthermore, the request requires that the applicant process and obtain approval of a Lot Merger. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and -architectural criteria for special areas (e.g., theme areas, specific plans, community - plans, boulevards or planned developments). - Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June 5, 1995. However, this vesting map was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre which complies with the General Plan land use designation of Rural Residential (Maximum 1 DU/AC). Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the 3 integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and materials of other homes within Tract No. 47850 and the adjacent "Country Estates." (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Tract Map No. 47850's Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Water Course Drive and Crystal Ridge Road and other secondary access roads to the tract adequately serve the project site as presented in the Environmental Impact Report. These streets are designed to handle minimum traffic created by this planned,_ residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding j, , neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style is Mediterranean. A proposed prominent architectural feature/focal point is the front entry of the residence. Corinthian type columns support the entry hip roof edged by a dentil. The dentil continues to edge the entire roof. An interesting aspect of the proposed residence is that the garage entry is at the side of the residence, thereby not a focal point at the front. Another proposed prominent architectural feature is a dome with copper finish encircled by windows. The dome will be located above the chapel on upper level of the residence's rear section. The exterior walls for the proposed residence will be stone with stucco accent and the variation in the architectural styles between the proposed residence and existing residences within the tract will result .,:. in providing a desirable environment, good aesthetic:`,'.. use of materials, textures and colors that will remain aesthetically appealing while offering variety in 4 „ _......a..- ......,., *­.. color and texture.0. jTherefore, the architectural design of the proposed development is compatible with f the character of the -surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with vesting Tract Map No. 47850's development standards. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco accent, exterior stone walls and a low level of maintenance. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the.proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions_ of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the proposed project is consistent with the previously certified - Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48287 according to the 5 California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code Ij''1iry";P of Regulations. VARIANCE (1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; The requested Variance relates to the proposed tennis court (an accessory structure) with reduced setbacks and retaining wall height exceeding the Development Code's maximum permitted exposed height of six feet and actually proposed at a height of 9.67 feet. There are special circumstances applicable to the project site. One is that the project site will have a dual frontage which is not typical in this area (tennis courts are very common), thereby causing the rear property line to front on a street. A second special circumstance is that Vesting Tract Map No. 47850 was approved with design standards that allowed a minimum 25 -foot front yard setback; a minimum side yard setbacks of 10 and 15 feet from the pad's edge; and rear yard setbacks of 25 feet from the pad's edge for residential structures . A third special circumstance is that accessory structures may be permitted utilizing setbacks consistent with the residential zoning designation for the property at the time of permit issuance. A fourth special circumstance is that tennis courts were expected to be a frequently requested accessory structure. Many lots within this tract were designed and graded to accommodate tennis courts with a five foot setback on one side (due to the code at the time allowing 5 foot setbacks for accessory structures) and the ability to install a retaining wall cutting into the slope on the other side, thereby providing a pad to accommodate a tennis court. Since, the retaining wall would hold a cut, the impacts of the wall and its height would affect only the subject site. When the City was utilizing the Los Angeles County Code, which applied to Vesting Tract Map No. 478501 for accessory structures, tennis court were required to be a minimum five feet from any C. u.B l.6di ,a ;lh is U..��`. -property line. Asa result, the strict application of the City's current Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Due to the tract's development standards utilizing the previous code, it is obviously impractical to require compliance with the current development standards, thereby creating a hardship. (m} Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; As stated above in Item (1), tennis courts are very common in this area. Previously, the City has approved tennis courts that front and located parallel to the street within the sister tract identified as Vesting Tract No. 47$51 and identical zoning. « Therefore, granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; When Vesting Tract Map No. 47850 with its development standards was approved, it was determined that it was consistent with the General Plan. Since the tract site was developed consistent with the standards set forth in the conditions of approval, the tract is consistent with the General Plan. The proposed project is consistent with the development standards of the tract's approval. As such, granting the Variance is consistent with the General Plan and applicable specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; As specified in Items (1), (m) and (n) above and the fact that before the issuance of any City permits, the proposed project is required to comply with all conditions within -the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements, it is p qu expected that -_ the proposed project will not be detrimental to the public interest, health, safety, convenience, or 7 5. welfare of the City. Additionally, the proposed landscaping adjacent to Crystal Ridge Road and the tennis court will assist in integrating this accessory structure with the existing development. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions': (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated May 23,2000, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Sixty days prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall submit a landscape/irrigation plan for the City's review and approval. Said plan shall reflect the landscape guidelines set forth by Tract No. 47850 and delineate plant species, size, quantity and location. Landscaping/irrigation shall be installed within six months of occupancy. (d) Prior to the issuance of a building permit, the applicant shall submit a final landscape/ irrigation plan for the areas adjacent to and between Crystal Ridge Road and the tennis court. Said landscape plan shall delineate 12, minimum 10 -gallon size, Cotoneaster Lacteus adjacent to the tennis court. Said landscaping and irrigation shall be installed prior to final inspection. 0 _L - (e) Prior to construction; the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) Retaining walls shall not exceed an exposed height of 10 feet. (g) Tennis court fencing shall not exceed a height of 10 feet. When said fencing is install upon the retaining wall, the total combined height of the fencing and retaining wall shall not exceed 10 feet. (h) Prior to the issuance of any City permits, the applicant shall demonstrate .in a plan that the luminosity from the tennis court light fixtures is shielded in a manner that completely cuts off the light source when viewed from any point five feet or more beyond the subject site's property line; that incident light level at the subject site's property line does not exceed one -footcandle; and that the incident light level upon any habitable building on an adjacent property will not exceed .05 footcandle. (i) Tennis court lighting shall not be operated between the 10:00 p.m. and 7:00 a.m. weekdays and between 11:00 p.m. to 7:00 a.m. on Saturdays and Sundays. (j) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be submitted before approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining walls, etc.). (k) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e, significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single- family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in -a nuisance or create traffic and parking problems in the neighborhood. 9 -- (1) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan �'jT'j+' shall delineate the is existing and proposed topography, top of wall, bottom of wall, top of footing, all finish surface and finished grade elevation and flow lines. The grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist; as required. (m) Prior to the issuance of any City permits, the applicant shall submit a soils report for the City's review and approval that incorporates the scope of the proposed development including all retaining walls. The soils report shall provide appropriate recommendations for the project's construction. (n) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (o) Prior to the issuance of any City permits, the applicant shall submit retaining wall calculations for the City's review and approval. (p) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (q) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. (r) The applicant shall obtain approval of a Lot Merger prior to the issuance of construction permits. (s) The proposed residence shall comply with the State Energy Conservation Standards. (t) Surface water shall drain away from the proposed residence at a two -percent minimum slope. a:i„m 10 (u) The proposed single-family residence is located within - "Fire Zone 4" and shall meet all requirements of said zone. -� (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion - resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such - - openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (v) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements. (w) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (x) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. - (y-) This grant is- valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at, least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (z) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all theconditionsof this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees'and fees for the review of submitted reports. 11 I!I IIIVIILI�IVI LII -ll ""��.-_��•=���- (aa) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the �'�Nll approval of this project, then the applicant shall �����10I 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: Diamond Bar West, LLC, 3480 Torrance Boulevard, Suite #300, Torrance, CA, 90503. APPROVED AND ADOPTED THIS 23RD OF MAY 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: aevcalll L4, Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby, certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of May 2000, by the following vote: AYES: Nelson, Zirbes, Kuo, Ruzicka, Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: aJamesVD�Stetano, Secretary 12 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-03 AND VARIANCE NO. 2000-03, A REQUEST TO CONSTRUCT A TWO- STORY SINGLE FAMILY RESIDENCE (WITH THE CENTER PORTION THREE -STORIES) OF APPROXIMATELY 23,000 SQUARE FEET WITH BALCONY, , PORCH, FIVE -CAR GARAGE, TENNIS COURT WITH REDUCED SETBACKS AND RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF TEN FEET. THE PROJECT SITE IS LOCATED AT 2819 WATER COURSE DRIVE AND 2828 CRYSTAL RIDGE ROAD (46/33 RESPECTIVELY, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/ applicant, Diamond Bar West, LLC, has filed an application for Development Review No. 2000-03 and Variance No. 2000-03 for a property located at 2819 Water Course Drive and 2828 Crystal Ridge Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Variance shall be referred to as the "Application." 2. On April 26, 2000, the public hearing notice was posted in three public places within the City of Diamond Bar. On April 27, 2000, the project site was posted with the required display board. Furthermore, on April 27, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and public hearing notices were mailed to approximately 14 property owners of record within a 500 -foot radius of the project. 3. On May 9, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time and pursuant to the applicant's request, the public hearing was continued to May 23, 2000. On May 23, 2000, the Planning Commission conducted the continued public hearing, received public comments, discussed the project and concluded the public hearing. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15162 (a) of Article 11 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 50 -lot subdivision approved by the City Council on June 6, 1995. The project site, two vacant lots, is -joined at the rear property lines. Lot 33 is 31,279 square feet with a buildable pad area of 17,050 square feet. Lot 46 is 26,746 square feet with a buildable pad area of 17,920 square feet. The combined lot area is 58,025 square feet (1.33 acres). The combined pad area is 34,970 square feet (0.8.0 acres.) Each lot contains easements only for access/public utility and service and sanitary sewer within its front portion. Lot 33 fronts onto Crystal Ridge Road. It has a pad elevation of 1007.5. This lot contains three slopes, one at the rear and side that slopes down to the pad and one at the front that slopes down to Crystal Ridge Road. Lot 46 fronts onto Water Course Drive. It has a pad elevation of 1018.5. This lot contains two slopes, one at the side that slopes down "to' ili6l-pad and one in the front that slopes down to Water— Course Drive. These slopes contain some vegetation, however the vegetation is not part of the mitigation monitoring plan. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum I DU/AC. (c) The project site is within the Rural Residential (RR) Zone. (d) Generally, the following zones surround the project site: to the north is the RR Zone; to the south is the Agriculture (AG) Zone; to the east is the RR Zone; and to the west is the Low Medium Residential (RLM) Zone. (e) The Application request is to construct a two-story single-family residence (with three -stories) of approximately 23,000 square feet. The total square footage includes habitable space, balcony, front entry and a five -car garage. Additionally, the request includes a tennis court with reduced setbacks, lighting, and fencing and retaining walls with a maximum exposed height of approximately 9.67 feet. Furthermore, the request requires that the applicant process and obtain approval of a Lot Merger. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and - architectural criteria for special areas (e.g., theme areas, specific plans, communityplans, boulevards or planned developments). Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June ' 5, 1995. However, this vesting map was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre which 'complies with the General Plan land use designation of Rural Residential (maximum 1 DU/AC) . 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 materials of other homes within Tract No. 47850 and the adjacent "Country Estates." (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Tract Map No. 47850's Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Water Course Drive and Crystal Ridge Road and other secondary access roads to the tract adequately serve the project site as presented in the Environmental Impact Report. These streets are designed to handle minimum traffic created by this planned, - residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style is Mediterranean. A proposed prominent architectural feature/focal point is the front entry of the residence. Corinthian type columns support the entry hip roof edged by a dentil. The dentil continues to edge the entire roof. An interesting aspect of the proposed residence is that the garage entry is at the ide of the residence, thereby not a focal point at s the front. Another proposed prominent architectural feature is a dome with copper finish encircled by windows. The dome will be located above the chapel on upper level of the residence's rear section. The exterior walls for the proposed residence will be stone with stucco accent and the variation in the architectural styles between the proposed residence and existing residences within the tract will result in providing a desirable environment, good aesthetic -use of materials, textures and colors that will remain aesthetically appealing while offering variety in color and texture. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with Vesting Tract Map No. 47850's development standards. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco accent, exterior stone walls and a low level of maintenance. Q) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the -proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the proposed project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48287 according to the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. VARIANCE (1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so -that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; The requested Variance relates to the proposed tennis court (an accessory structure) with reduced setbacks and retaining wall height exceeding the Development Code's maximum permitted exposed height of six feet and actually proposed at a height of 9.67 feet. There are special circumstances applicable to the project site. One is that the project site will have a dual frontage which is not typical in this area (tennis courts are very common), thereby causing the rear property line to front on a street. A second special circumstance is that Vesting Tract Map No. 47850 was approved with design standards that allowed a minimum 25 -foot front yard setback; a minimum side yard setbacks of 10 and 15 feet from the pad's edge; and rear yard setbacks of 25 feet from the pad's edge for residential structures.— A third special circumstance is that accessory structures may be permitted utilizing setbacks consistent with the residential zoning designation for the property at the time of permit issuance. A fourth special circumstance is that tennis courts were expected to be a frequently requested accessory structure. Many lots within this tract were designed and graded to accommodate tennis courts with a five foot setback on one side (due to the code at the time allowing 5 foot setbacks for accessory structures) and the ability to install a retaining wall cutting into the slope on the other side, thereby providing a pad to accommodate a tennis court. Since, the retaining wall would hold a cut, the impacts of the wall and its height would affect only the subject site. When the City was utilizing the Los Angeles County Code, which applied to Vesting Tract Map No.,47850) for accessory structures, tennis court were required to be a minimum five feet from any -property line.- Asa result, the strict application of the City's current Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Due to the tract's development standards utilizing the previous code, it is obviously impractical to require compliance with the current development standards, thereby creating a hardship. (m) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought; As stated above in Item (1), tennis courts are very common in this area. Previously, the City has approved tennis courts that front and located parallel to the street within the sister tract identified as Vesting Tract No. 47851 and identical zoning. Therefore, granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. (n) Granting the Variance is consistent with the General Plan and any applicable specific plan; When Vesting Tract Map No. 47850 with its development standards was approved, it was determined that it was consistent with the General Plan. Since the tract site was developed consistent with the standards set forth in the conditions of approval, the tract is consistent with the General Plan. The proposed project is consistent with the development standards of the tract's approval. As such, granting the Variance is consistent with the General Plan and applicable specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; As specified in Items (1), (m) and (n) above and the fact that before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements, it is expected that the proposed project will not be detrimental to the public interest, health, safety, convenience, or F — welfare of the City. Additionally, the proposed landscaping adjacent to Crystal Ridge Road and the tennis court will assist in integrating this accessory structure with the existing development. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated May 23,2000, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Sixty days prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall submit a landscape/irrigation plan for -the City's review and approval. Said plan shall reflect the landscape guidelines set forth by Tract No. 47850 and delineate plant species, size, quantity and location. Landscaping/irrigation shall be installed within six months of occupancy. (d) Prior to the issuance of a building permit, the applicant shall submit a final landscape/ irrigation plan for the areas adjacent to and between Crystal Ridge Road and the tennis court. Said landscape plan shall delineate 12, minimum 10 -gallon size, Cotoneaster Lacteus adjacent to the tennis court. Said landscaping and irrigation shall be installed prior to final inspection. (e) Prior to cons Eructi8--:: the applicant shall install temporary construction f encing pursuant to the building and Safety Division's requirements along the project perimeter. (f) Retaining walls shall not exceed an exposed height of 10 feet. (g) Tennis court fencing shall not exceed a height of 10 feet. When said fencing is install upon the retaining wall, the total combined height of the fencing and retaining wall shall not exceed 10 feet. (h) Prior to the issuance of any City permits, the applicant shall demonstrate -in a plan that the luminosity from the tennis court light fixtures is shielded in a manner that completely cuts off the light source when viewed from any point five feet or more beyond the subject site's property line; that incident light level at the subject site's property line does not exceed one -footcandle; and that the incident light level upon any habitable building on an adjacent property will not exceed .05 footcandle. (i) Tennis court lighting shall not be operated between the 10:00 p.m. and 7:00 a.m. weekdays and between 11:00 p.m. to 7:00 a.m. on Saturdays and Sundays. Q) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be submitted before approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining walls, etc.). W The single-family residence shall not be utilized in a manner that creates adverse effects (i.e, significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the singlefamily residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in -a nuisance or create traffic and parking problems in the neighborhood. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the existing and proposed topography, top of wall, bottom of wall, top of footing, all finish surface and finished grade elevation and flow lines. The grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required. (m) Prior to the issuance of any City permits, the applicant shall submit a soils report for the City's review and approval that incorporates the scope of the proposed development including all retaining walls. The soils report shall provide appropriate recommendations for the project's construction. (n) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (o) Prior to the issuance of any City permits, the applicant shall submit retaining wall calculations for the City's review and approval. (p) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). -Additionally, the applicant shall obtain the necessary NPDES permits. (q) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. (r) The applicant shall obtain approval of a Lot Merger prior to the issuance of construction permits. (s) The proposed residence shall comply with the State Energy Conservation Standards. (t) Surface water shall drain away from the proposed residence at a two -percent minimum slope. 10 (u) The vroDosed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosionresistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (v) Plans shall conform to State and Local Building Code (i.e., 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements. (w) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (x) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (y-) This grant is- valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at. least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (z) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the -conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees'and fees for the review of submitted reports. (aa) 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: Diamond Bar West, LLC, 3480 Torrance Boulevard, Suite #300, Torrance, CA, 90503. APPROVED AND ADOPTED THIS 23RD OF MAY 2000, BY THE PLANNING BY: ae° U—„ Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rdday of May 2000, by the following vote: AYES: Nelson, Zirbes, Kuo, Ruzicka, Tye NOES: None ABSENT: None ABSTAIN: None ATTEST:—JamesDAStefa 12 777.