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HomeMy WebLinkAboutPC 2001-36PLANNING COMMISSION RESOLUTION NO. 2001-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-08, A REQUEST TO CONSTRUCT A TENNIS COURT WITH A DECREASED REAR SETBACK AND RETAINING WALLS NOT EXCEEDING AN EXPOSED HEIGHT OF SEVEN FEET. THE PROJECT SITE IS LOCATED AT 2828 CRYSTAL RIDGE ROAD (LOT 33, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Lewis Jia, and applicant, Horizon Pacific, have filed an application for Variance No. 2001-08 for a property located at 2828 Crystal Ridge Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance shall be referred to as the "Application." 2. On October 29, 2001, 53 property owners within a 500 -foot radius of the project site were notified by mail. On November 2, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. 3. On November 13, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. It is located at 2828 Crystal Ridge Road and is adjacent to a gated community identified as "The Country Estates." The irregularly shaped lot has a flat buildable pad with an 18 feet slope on the north side and currently an 11 feet slope (differential in elevation) from Lot 33 to 46 at the rear. There is a sewer easement and 30 feet utility easement at the front of the lot. The lot is approximately .71 gross acres. The property contains no protected/preserved oak trees. The 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). (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zones surround the project site: to the north and east is the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; and to the west is the Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Zone. (e) The Application request is for approval to construct a tennis court with a decreased rear setback and retaining walls not exceeding an exposed height of seven feet located within the rear and side yards. VARIANCE (f) 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; Based on the approval of Vesting Tentative Tract Map No. 47850, many lots within this tract were designed and graded to accommodate tennis courts and tennis courts have been approved for such lots. In this case, the majority of the recreational area is located in the rear yard. As such, this yard area is the most feasible location for the tennis court. Therefore, a retaining wall is needed cutting into the slope, thereby, creating a tennis court pad. Furthermore, the retaining wall will be utilized to create a minimal increased amount of recreational area in the rear and north slope. Since the retaining walls are holding a out, they will be viewed from the proposed residential structure and will not impact the neighboring views. (g) 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 Finding (f), based on the approval of Vesting Tentative Tract Map No. 47850, many lots within this tract were designed and graded to accommodate tennis courts and tennis courts have been approved for such lots. As a result, Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. (h) Granting the Variance is consistent with the General Plan and any applicable specific plan; As referenced above in Findings (f) and (g), the proposed retaining wall is consistent with the General Plan and consistent with specific strategies 1.2.4 and 2.2.1 of the Land Use Element. (i) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the project 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. 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 the tennis court grading/drainage plan, and landscape plan collectively labeled as Exhibit "A" dated November 13, 2001, 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) The applicant shall construct the tennis court project utilizing a minimum rear yard setback of 16 feet. (d) The tennis court elevation shall be revised to allow for minimal raise in pad elevation to allow for drainage and shall be reviewed and approved by the Public Works Division. (e) Prior to the issuance of any City permits, the applicant shall submit a site plan and detail delineating the tennis court fencing and lighting for the City's review and approval. Pursuant to Code Section 22.16.050 E., tennis court light fixtures shall not be located closer than 10 feet to the adjacent property line and not located more than 18 feet from the court surface. The light poles shall have a minimum four -foot extension arm, which complies with Code. The fixtures shall be shielded in a manner that completely cuts off light source when viewed from any point five feet or more beyond the --- property line. The incident light level at a property line is required to not exceed one -footcandle measured from grade at a 12 -foot height. The 4 G incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. In the event that the illuminated court surface is visible from another parcel, it shall be required that the applicant treat the court surface with a low reflecting, dark -colored coating. Additionally, tennis court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. (f) The overall height of Lot 33's tennis court fencing at the rear setback shall to be no higher than (1024.5), Lot 46's pad elevation plus 6 feet for a rear fence. (g) Prior to final inspection, the applicant shall replace trees and shrubs located on the project site slopes that are destroyed during construction, by the same species, size and quantity. (h) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (i) Retaining wall shall not exceed an exposed height of seven feet. Should an eight feet exposed height be required, the Director shall approve a Minor Variance. (j) Prior to the issuance of any City permits, the applicant shall submit a retaining wall detail delineating top of wall, top of footing and finish surfaces and retaining wall calculations for the City's review and approval. (k) Grading plan review and approval shall be required if cut/fill quantities are greater than 50 cubic yards of earthwork. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation and flow lines; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; and (5) All easements. (1) Fine grade certification shall be required before final inspection or issuance Certificate of Occupancy. 5 (m) If applicable, 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 and appropriate recommendations for the project's construction. (n) 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. (o) 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. (p) 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. (q) 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. (r) 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 n (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Owner, Lewis Jia, 2828 Crystal Ridge Road, and applicant, Horizon Pacific, at 2707 Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13TH OF NOVEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bi. Bob Zirbes, 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 13th of November 2001, by the following vote: ATTEST AYES: Commissioners, Nelson, Kuo, WC Ruzicka, Chair Zirbes NOES: ABSENT: Commissioner Tye ABSTAIN: 7 PLANNING COMMISSION RESOLUTION NO. 2001-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-08, A REQUEST TO CONSTRUCT A TENNIS COURT WITH A DECREASED REAR SETBACK AND RETAINING WALLS NOT EXCEEDING AN EXPOSED HEIGHT OF SEVEN FEET. THE PROJECT SITE IS LOCATED AT 2828 CRYSTAL RIDGE ROAD (LOT 33, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Lewis Jia, and applicant, Horizon Pacific, have filed an application for Variance No. 2001-08 for a property located at 2828 Crystal Ridge Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance shall be referred to as the "Application." 2. On October 29, 2001, 53 property owners within a 500 -foot radius of the project site were notified by mail. On November 2, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley ,Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. 3. On November 13, 2001, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is 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. It is located at 2828 Crystal Ridge Road and is adjacent to a gated community identified as "The Country Estates." The irregularly shaped lot has a flat buildable pad with an 18 feet slope on the north side and currently an 11 feet slope (differential in elevation) from Lot 33 to 46 at the rear. There is a sewer easement and 30 feet utility easement at the front of the lot. The lot is approximately .71 gross acres. The property contains no protected/preserved oak trees. The 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). (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zones surround the project site: to the north and east is the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; and to the west is the Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Zone. (e) The Application request is for approval to construct a tennis court with a decreased rear setback and retaining walls not exceeding an exposed height of seven feet located within the rear and side yards. VARIANCE (f) 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; Based on the approval of Vesting Tentative Tract Map No. 47850, many lots within this tract were designed and graded to accommodate tennis courts and tennis courts have been approved for such lots. In this case, the majority of the recreational area is located in the rear yard. As such, this yard area is the most feasible location for the tennis court. Therefore, a retaining wall is needed cutting into the slope, thereby, creating a tennis court pad. Furthermore, the retaining wall will be utilized to create a minimal increased amount of recreational area in the rear and north slope. Since the retaining walls are holding a cut, they will be viewed from the proposed residential structure and will not impact the (g) 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 Finding (f), based on the approval of Vesting Tentative Tract Map No. 47850, many lots within this tract were designed and graded to accommodate tennis courts and tennis courts have been approved for such lots. As a result, Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. (h) Granting the Variance is consistent with the General Plan and any applicable specific plan; As referenced above in Findings (f) and (g), the proposed retaining wall is consistent with the General Plan and consistent with specific strategies 1:2.4 and 2.2.1 of the Land Use Element. (i) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; 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. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the project 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. 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 the tennis court grading/drainage plan, and landscape plan collectively labeled as Exhibit "A" dated November 13, 2001, 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) The applicant shall construct the tennis court project utilizing a minimum rear yard setback of 16 feet. (d) The tennis court elevation shall be revised to allow for minimal raise in pad elevation to allow for drainage and shall be reviewed and approved by the Public Works Division. (e) Prior to the issuance of any City permits, the applicant shall submit a site plan and detail delineating the tennis court fencing and lighting for the City's review and approval. Pursuant to Code Section 22.16.050 E., tennis court light fixtures shall not be located closer than 10 feet to the adjacent property line and not located more than 18 feet from the court surface. The light poles shall have a minimum four -foot extension arm, which complies with Code. The fixtures shall be shielded in a manner that completely cuts off light source when viewed from any point five feet or more beyond the property line. The incident light level at a property line is required to not exceed one -footcandle measured from grade at a 1 incident light level upon any habitable building on an adjacent property shall not exceed .05 foot-candle. In the event that the illuminated court surface is visible from another parcel, it shall be required that the applicant treat the court surface with a low reflecting, dark -colored coating. Additionally, tennis court lighting shall not be operated between 10:00 p.m. and 7:00 a.m. on weekdays and between 11:00 p.m. and 7:00 a.m. on Saturdays and Sundays. (f) The overall height of Lot 33's tennis court fencing at the rear setback shall to be no higher than (1024.5), Lot 46's pad elevation plus 6 feet for a rear fence. (g) Prior to final inspection, the applicant shall replace trees and shrubs located on the project site slopes that are destroyed during construction, by the same species, size and quantity. (h) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (i) Retaining wall shall not exceed an exposed height of seven feet. Should an eight feet exposed height be required, the Director shall approve a Minor Variance. (j) Prior to the issuance of any City permits, the applicant shall submit a retaining wall detail delineating top of wall, top of footing and finish surfaces and retaining wall calculations for the City's review and (k) Grading plan review and approval shall be required if cut/fill quantities are greater than 50 cubic yards of earthwork. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation and flow lines; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; and (5) All easements. (1) Fine grade certification shall be required before final inspection or issuance Certificate of Occupancy. 5 (m) If applicable, 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 and appropriate recommendations for the project's construction. (n) 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. (o) 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. (p) 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. (q) 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. (r) 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 Owner; Lewis Jia, 2828 Crystal Ridge Road, and applicant, Horizon Pacific, at 2707 Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13TH OF NOVEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, 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 13th of November 2001, by the following vote: AYES: Commissioners, Nelson, Kuo, WC Ruzicka, Chair Zirbes NOES 1 ABSENT: Commissioner Tye ABSTAIN: ATTEST: 7