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HomeMy WebLinkAboutPC 2000-24--LL PLANNING COMMISSION RESOLUTION NO. 2000-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-5(1) AND MINOR CONDITIONAL USE PERMIT NO. 2000-16, A REQUEST TO MODIFY THE TENNIS COURT LOCATION AND GRADING OF THE PREVIOUSLY APPROVED DEVELOPMENT REVIEW NO. 99-5, AND TO CONSTRUCT A SECOND STORY GUEST HOUSE WITH DECKS AND PORTICO OF APPROXIMATELY 1,055 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2856 WAGON TRAIN LANE (LOT 71 OF TRACT MAP NO. 30578), DIAMOND BAR CA. A. RECITALS 1. The property owner, Peichin Cheng, and applicant, Anchi Lee-, have filed an application to revise Development Review No. 99-5, herein referred to as Development Review No. 99-5(1), and Minor Conditional Use Permit No. 2000-16, for a property located at 2856 Wagon Train Lane, 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 Revision, and Minor Conditional Use Permit shall be referred to as the "Revised Application." 2. On August 24, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on Development Review No. 99-5, Tree Permit No. 99-1 and Negative Declaration No. 99-7 and approved such per Planning Commission Resolution No. 99-20, the findings and conditions of approval of which shall be retained in their entirety. 3. On October 31, 2000, 42 property owners within a 500 -foot radius of the project site were notified by mail. On November 3, 2000, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 3, 2000, a notice of public hearing on a display board was posted at the site, and displayed for at least 20 days before the public hearing. Three other sites were posted within the vicinity of the application. 1 4. On November 14 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Revised Application. 'i 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 finds that the Revised Application is consistent with the previously adopted Negative Declaration No. 99-7 per the California Environmental Quality Act (CEQA) and guideline promulgated thereunder, pursuant to Section 15162. No further review is required. 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, hereby finds as follows: (a) The revised application relates to a previously approved Development Review No. 99-5 and Tree Permit No. 99-1. This approval was for an undeveloped parcel at 2856 Wagon Train Lane (Lot 71 of Tract No. 30578), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.38 gross acres and 1.31 net acres. It is shaped irregularly, widening and sloping downward toward the rear, southeasterly exposure. The rear of the parcel abuts a mitigation monitoring area designed with the improvement of Tract 47851. Grading, 00, drainage and retaining wall improvements were required to facilitate construction on the site. The previous approval per Planning Commission Resolution No. 99-20 included constructing an 11,429 square foot two-story and basement, single- family residence with 2,572 square foot six -car garage and storage space, motor court, pool/spa, barbecue, tennis court and gazebo. The Tree Permit allowed replacement trees for the removal of nine existing native California Walnut trees on-site. It also approved grading, drainage and retaining wall improvements to facilitate construction on the project site. (b) The project site is zoned R-1-40,000, single-family residence. The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. (c) Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-40,000 zone. _ (d) The revised application is a request to modify the tennis court location and grading of the previously approved Development Review No. 99-5, and to construct a second story guest house with decks and portico of approximately 1,055 gross square feet per Minor Conditional Use Permit No. 2000-16. 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 and the proposed use is zoned for single-family residence at 1 du/acre. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (1 du/acre). The proposed structure and accessory structures comply 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 criteria of the Diamond Bar 3 Development Code. The guesthouse requires the approval of the Minor conditional Use Permit: Furthermore,''"' the a plicant has submitted for the ,IIE!I approval of "The p Country Estates" Homeowners' Association 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 hazards. The project site was previously approved for a single-family residence on an undeveloped parcel within an existing tract designed for single-family homes. The proposed new construction and accessory structures do 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 Wagon Train Lane. This private street is designed to handle „1 minimum traffic created by this type of 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, as well as matching the previously approved single-family residence. Additionally, the colors and materials utilized as conditioned herein are compatible with the homes within the surrounding area. The applicant has submitted for the approval of the architectural committee of "The Country Estates . " 4 - . .. - ., .R. .....,....A. .... - . 1. ....... - - (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. As a condition of approval the project/materials of the Revised Application is required to match the main structure as provided in Exhibit "A", dated November 14, 2000. The materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (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 and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 99-7. No further review is required. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject - zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and' the Municipal Code. The project site zoned R-1-40,000 single-family residential that allows the use of a guesthouse. The application for a guesthouse in excess of 501 square feet requires approval of a Minor 5 Conditional Use Permit. The Revised Application meets the development standards as set forth in Section 22.42.060(B) including access, utilities, plumbing and electrical installations, design, parcel coverage, and as amended kitchen facilities, and size. The proposed structures do not exceed an overall parcel coverage of 30 percent. The application requests the construction of an 1,055 detached gross square feet guesthouse consisting of sitting room,full'bath, wet bar area and deck and portico overlooking the tennis court. The granting of the Permit will allow the applicant expansion for recreational and guest uses. Approval of a Minor Conditional Use Permit includes conditions to prohibit kitchen facilities, a separately rented unit from the main dwelling, and subsequent subdivision of the parcel that would divide the main dwelling from the guesthouse. As amended, the proposed application complies with all other applicable provisions of this Development Code and Municipal Code. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed project is consistent with the City's General Plan objectives and strategies, the Development Code and City Design Guidelines, and any applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e) and (f) , the proposed new construction of guesthouse is consistent with the surrounding single-family homes. Therefore, the project design, location, size and operating characteristics are compatible. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. .zv l 4 0 As stated in Items (e), (f), (g), (h) and (i), the guesthouse is suitable for the type and density/ intensity of use, access, utilities, and compatibility with adjoining land uses and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, structural plan check, 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. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 99-7. No further review is required. 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 collectively labeled as Exhibit "A" dated November 14, 2000, as submitted to, approved, and amended herein by the Planning Commission for modification of the tennis court location and grading of the previously approved Development Review No. 99-5, and to construct a -second story guest house with decks and portico of approximately 1,055 gross square feet. (b) A revised landscape/ irrigation plan with native planting materials shall be submitted for the area at the rear of the parcel to be reviewed and approved by the Planning Division. The planting species shall be not be invasive. 7 (c) A grading, retaining wall plan, and updated soils report review and approval pproval is required for the modifications of the tennis court location and grading revised from the previously approved Development Review No. 99-5, and to construct a second story guest house with decks and portico. In accordance with the City's grading and retaining wall requirements, the grading, plan shall be reviewed and approved by the City prior to issuance of building permits. (d) Retaining wall shall not exceed a height of six feet and shall be decorative block or stucco to match structures. (e) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 20 minimum slope. (f) Tennis Court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 22.16.050 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: p. 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 5 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. 8 i 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. (g) The guesthouse shall not be provided with kitchen facilities other than the proposed wet bar sink and bar refrigerator. The cabinet shall not exceed a measurement of 48 inches to accommodate the bar sink and refrigerator. (h) The building materials, roof, stucco, wrought iron, etc., and the colors of the guesthouse shall match the main structure. (i) The guest house structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (j) The minimum design wind pressure shall be 80 miles per hour and "C" exposure for the guesthouse structure. (k) The guest house 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; (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 1/Z inch screen. (1) This guest house structure shall meet the State Energy Conservation Standards. L1 - --- - _ _____F_--- «._-, _.,a_..._,.-------- - i i i i, ,iri,rrwTni-,r„r.._»__., ­­_ �.,.­-F.--,.--..__ "­.: (m) Handrails and guardrails shall be designed for 20 pound load applied laterally at the top of the j rail. (n) Windows at walking surface and at walking deck level shall be tempered or laminated. (o) Window and door schedules shall'be submitted for Building and Safety plan check. (p) Due to the site's topography, applicant shall comply with special design requirements as specified in the 1998 California Building Code, Section 18.4.3, building setback, top and toe of slopes. (q) The Applicant shall comply with Planning and Zoning; Building and Safety; and, Public Works Divisions and Fire Department requirements. (r) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not t! result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (s) 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. (t) 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' 10 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. (u) 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 Peichin Cheng, 17800 Castleton St., #106, City of Industry, CA, 91748 and Anchi Lee, 3740 Campus Drive, #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 14th OF NOVEMBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By:A Seve 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 14th day of November, 2000, by the following vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes Chair/Nelson NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISST.ON RS:_ ATTEST: - s VU, V i James DeStefa o, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2000-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-5(I) AND MINOR CONDITIONAL USE PERMIT NO. 2000-16, A REQUEST TO MODIFY THE TENNIS COURT LOCATION AND GRADING OF THE PREVIOUSLY APPROVED DEVELOPMENT REVIEW NO. 99-5, AND TO CONSTRUCT A SECOND STORY GUEST HOUSE WITH DECKS AND PORTICO OF APPROXIMATELY 1, 055 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2856 WAGON TRAIN LANE (LOT 71 OF TRACT MAP NO. 30578), DIAMOND BAR CA. A. RECITALS 1. The property owner, Peichin Cheng, and applicant, Anchi Lee-, have filed an application to revise Development Review No. 99-5, herein referred to as Development Review No-. 99- 5(1), and Minor Conditional Use Permit No. 2000-16, for a property located at 2856 Wagon Train Lane, 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 Revision, and Minor Conditional Use Permit shall be referred to as the 'Revised Application.ff 2. On August 24, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on Development Review No. 99-5, Tree Permit No. 99-1 and Negative Declaration No. 99-7 and approved such per Planning Commission Resolution No. 99-20, the findings and conditions of approval of which shall be retained in their entirety. 3. On October 31, 2000, 42 property owners within a 500 -foot radius of the project site were notified by mail. on November 3, 2000, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 3, 2000, a notice of public hearing on a display board was posted at the site, and displayed for at least 20 days before the public hearing. Three other sites were posted within the vicinity of the application. 4. On November 14 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Revised Application. 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. The Planning Commission hereby f ind8 that the Revised Application is consistent with the previously adopted Negative Declaration No. 99-7 per the California Environmental Quality Act (CEQA) and guideline promulgated thereunder, pursuant to Section 15162. No further review is re'quired. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole. including the findings set forth below, and changes andalterations 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 revised application relates to a previously approved Development Review No. 99-5 and Tree Permit No. 99-1. This approval was for an undeveloped parcel at 2856 Wagon Train Lane (Lot 71 of Tract No. 30578), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 1.38 gross acres and 1.31 net acres. It is shaped irregularly, widening and sloping downward toward the rear, southeasterly exposure. The rear of the parcel abuts a mitigation monitoring area designed with the improvement of Tract 47851. Grading, drainage and retaining wall improvements were required to facilitate The previous approval per Planning Commission Resolution No. 99-20 included constructing an 11,429 square foot two-story and basement, singlefamily residence with 2,572 square foot six -car garage and storage space, motor court, pool/spa, barbecue, tennis court and gazebo. The Tree Permit allowed replacement trees for the removal of nine existing native California Walnut trees on-site. It also approved grading, drainage and retaining wall improvements to facilitate construction on the project site. (b) The project site is zoned R-1-40,000, single-family residence. The General Plan Land Use designation is Rural Residential MR), 1 du/acre. (c) Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-40.000 Zone. (d)- --The revised application is a request to modify the tennis court location and grading of the previously approved Development Review No. 99-5, and to construct a second story guest house with decks and portico of approximately 1,055 gross square feet per Minor Conditional Use Permit No. 2000-16. .»�iar`.»�•�iarrr (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 and the proposed use is zoned for single-family residence at 1 du/acre. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (1 du/acre). The proposed structure and accessory structures comply 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 criteria of the Diamond Bar Development Code. The guesthouse requires the approval of the Minor conditional Use Permit— Furthermore, the applicant has submitted for the approval of "The Country Estates" Homeowners' Association architectural committee. There is no specific or additional community planned development for the site. The design and layout of -the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site was previously approved for a single-family residence on an undeveloped parcel within an existing tract designed for single-family homes. The proposed new construction and accessory structures do not change the use of a single-family residence. Th6 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 Wagon Train Lane. This private street is designed to handle minimum traffic created by this type of 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, as well as matching the previously approved single-family residence. Additionally, the colors and materials utilized as conditioned herein are compatible with the homes within the surrounding area. The applicant has submitted for the approval of the architectural committee of "The Country Estates." (h) The design of the proposed development will ' provide a desirable envir nmont for its occupants and visiting public well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As a condition of approval the project/materials of the -Revised Application is required to match the main structure as provided in Exhibit "All, dated November 14, 2000. The materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (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 and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 99-7. No further review is required. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and' the Municipal Code. The project site zoned R-1-40,000 single-family residential that allows the use of a guesthouse. The application for a guesthouse in excess of 501 square feet requires approval of a Minor Conditional Use Permit. The Revised Application meets the development standards as set forth in Section 22.42.060(6) including access, utilities, plumbing and electrical installations, design, parcel coverage, and as amended kitchen facilities, and size. The proposed structures do not exceed an overall parcel coverage of 30 percent. The application requests the construction of an 1,055 detached gross square feet guesthouse consisting of sitting room, full bath, wet bar area and deck and portico overlooking the tennis court. The granting of the Permit will allow the applicant expansion for recreational and guest uses. Approval of a Minor Conditional Use Permit includes conditions to prohibit kitchen facilities, a separately rented unit from the main dwelling, and subsequent subdivision of the parcel that would divide the main dwelling from the guesthouse. As amended, the proposed application complies with all other applicable provisions of this Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable As stated in Item (e), the proposed project is consistent with the City's General Plan objectives and strategies, the Development Code and City Design Guidelines, and any applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e) and (f), the proposed new construction of guesthouse is consistent with the surrounding single-family homes. Theref ore, the project design, location, size and operating characteristics are compatible. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e), (f), (g), (h) and (i), the guesthouse is suitable for the type and density/ intensity of use, access, utilities, and compatibility with adjoining land uses and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, structural plan check, 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 improvement's in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162, the City has determined that thisrp oiect is consistent with the previously adopted Negative Declaration No. 99-7. No further review is required. 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 collectively labeled as Exhibit "All dated November 14, 2000, as submitted to, approved, and amended herein by the Planning Commission for modification of the tennis. court location and grading of the previously approved Development Review No. 99-5, and to construct a -second story guest house with decks and portico of approximately 1,055 gross square feet. (b) A revised landscape/irrigation plan with native planting materials shall be submitted for the area at the rear of the parcel to be reviewed and approved by the Planning Division. The planting species shall be not be invasive. (c) A grading, retaining wall plan, and updated soils report review and approval is required for the modifications of the tennis court location and grading revised from the previously approved Development Review No. 99-5, and to construct a second story guest house with decks and portico. In accordance with the City's grading and retaining wall requirements, the grading plan shall be reviewed and approved by the City prior to issuance of building permits. (d) Retaining wall shall not exceed a height of six feet and shall be decorative block or stucco to match structures. (e) 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. (f) Tennis Court lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 22.16.050 (Exterior Lighting). The following standards shall apply to the lighting of tennis court: (.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 5 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. (g) The guesthouse shall not be provided with kitchen facilities other than the proposed wet bar sink and bar refrigerator. The cabinet shall not exceed a measurement of 48 inches to accommodate the bar sink and refrigerator. (h) The building materials, roof, stucco, wrought iron, etc., and the colors of the guesthouse shall match the main structure. (i) The guest house 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 for the guesthouse structure. (k) The guest house 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" tile roofs shall be fire stopped at the eaves to preclude entry of the f lame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, f loor, 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 Y2 inch screen. (1) This guest house structure shall meet the State Energy Conservation Standards. Handrails and guardrails shall be design 'ed for 20 pound load applied laterally at the top of the rail. (n) Windows at walking surface and at walking deck level shall be (o) Window and door schedules shall -be submitted for Building and Safety (p) Due to the site's topography, applicant shall comply with special design requirements as specified in the 1998 California Building Code, Section 18.4.3, building setback, top and toe of slopes. (q) The Applicant shall comply with Planning and Zoning; Building and Safety; and, Public Works Divisions and Fire Department requirements. (r) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (s) 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. (t) 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. (u) 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 Peichin Cheng, 17800 Castleton St., #106, City of Industry, CA, 91748 and Anchi Lee, 3740 Campus Drive, #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 14 th OF NOVEMBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: S (eve ANe!4s^on, 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 14th day of November, 2000, by the following vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes Chair/Nelson NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMI WN R COMM SS N RS: J J'_) s— T f a—1 ATTEST: