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HomeMy WebLinkAboutPC 2002-07A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-18, MINOR VARIANCE NO. 2002-01, TREE PERMIT 2002-02, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (MITIGATED NEGATIVE DECLARATION NO. 2002-01) ALLOWING FOR THE CONSTRUCTION OF A THREE STORY 7,740 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON A VACANT 57,934.8 SQUARE FOOT (1.33 ACRE) R-1 (40,000) ZONED LOT WITH LESS THAN THE MINIMUM REQUIRED. FRONT YARD SETBACK DISTANCE, AND REMOVAL OF A PROTECTED TREE SPECIES. THE PROJECT SITE IS LOCATED AT 22509 RIDGELINE ROAD (APN 8713-006-019), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant S & W Development, acting as the agent for the property owner, Jay Arora, has filed an application for Development Review No. 2001 18, Minor Variance No. 2002-02, Tree Permit No. 2002-02, and Mitigated Negative Declaration No. 2002-01 for property located at 22509 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit, and Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) shall be referred to as the "Application." 2. On February 20, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On February 25, 2002, public hearing notices were mailed to approximately 110 property owners within a 500 -foot radius of the project site, and posted in three public places. On February 26, 2002, the project site was. posted with a display board. 3. On March 12, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the Application to April 9, 2002. 4. On April 9, 2002, the Planning Commission concluded the Public Hearing. PLANNING COMMISSION RESOLUTION NO. 2002-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-18, MINOR VARIANCE NO. 2002-01, TREE PERMIT 2002-02, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (MITIGATED NEGATIVE DECLARATION NO. 2002-01) ALLOWING FOR THE CONSTRUCTION OF A THREE STORY 7,740 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON A VACANT 57,934.8 SQUARE FOOT (1.33 ACRE) R-1 (40,000) ZONED LOT WITH LESS THAN THE MINIMUM REQUIRED. FRONT YARD SETBACK DISTANCE, AND REMOVAL OF A PROTECTED TREE SPECIES. THE PROJECT SITE IS LOCATED AT 22509 RIDGELINE ROAD (APN 8713-006-019), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant S & W Development, acting as the agent for the property owner, Jay Arora, has filed an application for Development Review No. 2001 18, Minor Variance No. 2002-02, Tree Permit No. 2002-02, and Mitigated Negative Declaration No. 2002-01 for property located at 22509 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit, and Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) shall be referred to as the "Application." 2. On February 20, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On February 25, 2002, public hearing notices were mailed to approximately 110 property owners within a 500 -foot radius of the project site, and posted in three public places. On February 26, 2002, the project site was. posted with a display board. 3. On March 12, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the Application to April 9, 2002. 4. On April 9, 2002, the Planning Commission 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: 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 finds the attached Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) adequate as to form and content, and hereby approves the same pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), and further finds that there is no evidence that the proposed project will have any potential impact on wildlife or their habitat; and therefore, the project is not required to pay Fish and Game Department filing fees. The Mitigated Negative Declaration review period began February 20, 2002, and ended March 12, 2002. Furthermore, Mitigated Negative Declaration No. 2002-01 reflects the independent judgement of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a vacant parcel of land, which is located in the gate -guarded community known as the Country Estates. The site contains 1.33 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular -in shape; it fronts on a private street (Ridgeline Road); and it slopes in a northerly direction. The site currently contains several mature trees. (b) The project site has a General Plan land use designation of Rural Residential (c) The project site zoned R 1,40,000 (Single -Family Residential). (d) Generally, the site is surrounded to the south, east and west with R-1, 40,000 zoned property. Properties abutting to the north are zoned R-3 (Limited Multiple -Family). 4. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: P►: 1 (a) 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 special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is a vacant single-family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (40,000) zone and the City's Hillside Management Ordinance. (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. The project site is an existing vacant single-family residential estate parcel of land surrounded by existing residential development. The proposed project would complete and compliment the development of the neighborhood. (c) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by the Development Code, the General Plan or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Access to the proposed project is obtained from a fully developed private street. (d)` The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain. aesthetically appealing. The eclectic. Spanish Mediterranean style proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 3 (e) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this 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 will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In compliance with the requirements of the California Environmental Quality Act (CEQA), the appropriate environmental analysis has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) was prepared and is made part of this administrative record. 5. Minor Variance Pursuant to Section 22.52.040 of the Diamond Bar Development Code, the Planning Commission finds: (a) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this 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 development standards. The size and shape of this property is typical of those in the general vicinity. However, it does have a varying sloping grade, which strict application of the Code in this instance would prevent the site from promoting a design that respects and protects the natural topography and its plant species. Thus, without the requested minor deviation of the required front yard setback, the intent of the Code that hillside developments shall be concentrated in those areas with the least environmental disruption would be impacted. 4 (b) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. The granting of the Minor Variance would allow the applicant to construct a conforming single-family dwelling of reasonable and comparable size and quality, and would not result in a haphazard layout of the land use. The proposed development will be consistent with the quality of the surrounding neighborhood. Additionally, the single-family home would not alter the existing established character of the neighborhood. Strict application of the Code, in this instance, would be detrimental to the established neighborhood and be conflicting to the essence of the requirements. The resulting deviation from the minimum required front yard setback distance would still provide a sufficient open area that does not hinder the adjacent properties views nor disrupt the established street scene. (c) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan and any applicable specific plan. Additionally, the requested deviation from the minimum required front yard setback distance is relatively minor given the circumstances, and would not cause any negative impacts, and the intent of the Code will still be satisfied. (d) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this 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 will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (e) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 5 The appropriate environmental analysis, in compliance with the requirements of the California Environmental QualityAct (CEQA), has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) was prepared and is made part of this administrative record. 6. Tree Permit Pursuant to Section 22.38.110 of the Diamond Bar Development Code, the Planning Commission finds: (a) Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Rep lacement/Relocation Standards). Given the location of the building pad and the retaining walls it is necessary to remove the existing native oak trees. To maintain the trees would place an unreasonable hardship on the applicant to construct a residence with a logical and rational layout that respects the varying topography. However, the trees will be replaced at a 3:1 ratio with a compatible species and a minimum box size of 36 inches. 7. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on April 9, 2002, and as amended herein. (b) The site design shall be modified to remove the proposed seven (7) to twelve (12) foot high retaining wall along the north, east and west sides of the residences, and be replaced with a two-tiered maximum seven (7) foot high retaining walls as depicted on the plans (Exhibit "A"). The exposed faces of the walls shall be heavily landscaped. Prior to the issuance of any city permits the applicant shall submit a revised plan reflecting changes. (c) 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 M L only by the property owner, the 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. (d) The Community Development Director or his/her designee shall approve minor variations or modifications to the site plan and/or elevations in advance. (e) The applicant shall comply with the mitigation measures as outlined in the adopted Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01). (f) Prior to the issuance of any city permits, the applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall include the installation of twenty-one (21) 36 -inch box specimen Coast Live Oak trees. The replacement oak grove shall be placed far enough away from the proposed structure so as to not impact the growth of the new trees. Ornamental landscaping to include trees and bushes shall be installed in from of the proposed retaining walls. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. All trees shall be indicated on the site plan, grading plan, and landscape plan. (g) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance with this requirement shall require a height survey at completion of framing. (h) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to 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. 7 (i) All construction activity shall be in conformity with the requirements and- limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. (j) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. (k) The applicant shall comply with the requirements from the City Engineer and Public Works Divisions. (1) 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. If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (m) The applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. . (n) Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. (o) The proposed construction plans shall be submitted to the Fire Department for review and approval. (p) Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the"issuance of building permits. (q) All utility service to the proposed project shall be installed underground. (r) This entitlement is valid for two (2) years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days 0 prior to the expiration date. The Planning Commission may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (s) This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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: Jay Arora, 20538 Crestline Drive, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 91th DAY OF APRIL 2002, BY THE PLANNING COMMISSION OF.THE CITY OF DIAMOND BAR l BY: Joe Ruzicka, air ian 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of April 2002, by the following vote: AYES: Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka NOES: ABSENT: - ABSTAIN: ATTEST: James DeStef no, Secretary 0 PLANNING COMMISSION RESOLUTION NO. 2002-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-18, MINOR VARIANCE NO. 2002-01, TREE PERMIT 2002-02, AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (MITIGATED NEGATIVE DECLARATION N0. 2002- 01) ALLOWING FOR THE CONSTRUCTION OF A THREE STORY 7,740 SQUARE FOOT SINGLE-FAMILY RESIDENCE ON A VACANT 57,934.8 SQUARE FOOT (1.33 ACRE) R-1 (40,000) ZONED LOT WITH LESS THAN THE MINIMUM REQUIRED. FRONT YARD SETBACK DISTANCE, AND REMOVAL OF A PROTECTED TREE SPECIES. THE PROJECT SITE IS LOCATED AT 22509 RIDGELINE ROAD (APN 8713-006-019), DIAMOND BAR, CALIFORNIA. A. RECITALS. . The applicant S & W Development, acting as the agent for the property owner, Jay Arora, has Iled an application for Development Review No. 2001 18, Minor Variance No. 2002-02, Tree Permit No. 2002-02, and Mitigated Negative Declaration No. 2002-01 for property located at 22509 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit, and Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) shall be referred to as the "Application." 2. On February 20, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On February 25, 2002, public hearing notices were mailed to approximately 110 property owners within a 500 -foot radius of the project site, and posted in three public places. On February 26, 2002, the project site was posted with a display board. 3. On March 12, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the Application to April 9, 2002. 4. On April 9, 2002, the Planning Commission concluded the Public Hearing. 1 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 finds the attached Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) adequate as to form and content, and hereby approves the same pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), and further finds that there is no evidence that the proposed project will have any potential impact on wildlife or their habitat; and therefore, the project is not required to pay Fish and Game Department filing fees. The Mitigated Negative Declaration review period began February 20, 2002, and ended March 12, 2002. Furthermore, Mitigated Negative Declaration No. 2002-01 reflects the independent judgement of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a vacant parcel of land, which is located in the gate - guarded community known as the Country Estates. The site contains 1.33 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular. in shape; it fronts on a private street (Ridgeline Road); and it slopes in a northerly direction. The site currently contains several mature trees: (b) The project site has a General Plan land use designation of Rural Residential. (c) The project site zoned R 1,40,000 (Single -Family Residential). (d) Generally, the site is surrounded to the south, east and west with R-1, 40,000 zoned property. Properties abutting to the north are zoned R- 3 (Limited Multiple -Family). 4. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: 2 (a) 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 special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is a vacant single-family residential estate parcel of land located in the developed "County Estates'. On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R- 1 (40, 000) zone and the City's Hillside Management Ordinance. (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. The project site is an existing vacant single-family residential estate parcel of land surrounded by existing residential development. The proposed project would complete and compliment the development of the neighborhood. (c) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by the Development Code, the General Plan or any applicable specific plan. The- proposed project is consistent with the surrounding development in terms of mass and scale. Access to the proposed project is obtained from a fully developed private street. (d) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. The eclectic Spanish Mediterranean style proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 3 (e) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this 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 will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In compliance with the requirements of the California Environmental QualityAct (CEQA), the appropriate environmental analysis has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) was prepared and is made part of this administrative record. 5. Minor Variance Pursuant to Section 22.52.040 of the Diamond Bar Development Code, the Planning Commission finds: (a) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this 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 development standards. The size and shape of this property is typical of those in the general vicinity. However, it does have a varying sloping grade, which strict application of the Code in this instance would prevent the site from promoting a design that respects and protects the natural topography and its plant species. Thus, without the requested minor deviation of the required front yard setback, the intent of the Code that hillside developments shall be concentrated in those areas with the least environmental disruption would be impacted. 12 1 (b) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. The granting of the Minor Variance would allow the applicant to construct a conforming single-family dwelling of reasonable and comparable size and quality, and would not result in a haphazard layout of the land use. The proposed development will be consistent with the quality of the surrounding neighborhood. Additionally, the single-family home would not alter the existing established character of the neighborhood. Strict application of the Code, in this instance, would be detrimental to the established neighborhood and be conflicting to the essence of the requirements. The resulting deviation from the minimum required front yard setback distance would still provide a sufficient open area that does not hinder the adjacent properties views nor disrupt the established street scene. (c) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan and any applicable specific plan. Additionally, the requested deviation from the minimum required front yard setback distance is relatively minor given the circumstances, and would not cause any negative impacts, and the intent of the Code will still be satisfied. (d) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this 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 will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. (e) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 5 The appropriate environmental analysis, in compliance with the requirements of the California Environmental QualityAct (CEQA), has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01) was prepared and is made part of this administrative record. 6. Tree Permit Pursuant to Section 22.38.110 of the Diamond Bar Development Code, the Planning Commission finds: (a) Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). Given the location of the building pad and the retaining walls it is necessary to remove the existing native oak trees. To maintain the trees would place an unreasonable hardship on the applicant to construct a residence with a logical and rational layout that respects the varying topography. However, the trees will be replaced at a 3:1 ratio with a compatible species and a minimum box size of 36 7. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on April 9, 2002, and as amended herein. (b) The site design shall be modified to remove the proposed seven (7) to twelve (12) foot high retaining wall along the north, east and west sides of the residences, and be replaced with a two-tiered maximum seven (7) foot high retaining walls as depicted on the plans (Exhibit "A"). The exposed faces of the walls shall be heavily landscaped. Prior to the issuance of any city permits the applicant shall submit a revised plan reflecting changes. (c) 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 0 )nly by the property owner, the applicant or by a duly permitted waste 1 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. (d) The Community Development Director or his/her designee shall approve minor variations or modifications to the site plan and/or elevations in advance. (e) The applicant shall comply with the mitigation measures as outlined in the adopted Mitigated Negative Declaration of Environmental Impact (Mitigated Negative Declaration No. 2002-01). (f) Prior to the issuance of any city permits, the applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall include the installation of twenty-one (21) 36 -inch box specimen Coast Live Oak trees. The replacement oak grove shall be placed far enough away from the proposed structure so as to not impact the growth of the new trees. Ornamental landscaping to include trees and bushes shall be installed in from of the proposed retaining walls. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. All trees shall be indicated on the site plan, grading plan, and (g) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance with this requirement shall require a height survey at completion of framing. (h) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to 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. 7 (i) All construction activity shall be in conformity with the requirements and - limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. (j) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under (k) The applicant shall comply with the requirements from the City Engineer and Public Works Divisions. (1) 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. If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City (m) The applicant shall be required to submit a final grading plan and soils report fc the City's Public Works and Building Division review and approval. Th preparation of the site and the construction of the proposed structures shall be i compliance with the recommendations set forth in such soils report. . (n) Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. (o) The proposed construction plans shall be -submitted to the Fire Department for review and approval. (p) Applicant shall make application to the water purveyor as necessary, and shall submit the, evidence of their approval to the Planning Division prior to the" isuance of building permits. (q) All utility service to the-- proposed project shall be installed underground. f(r) This entitlement is valid for two (2) years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City 9 rior to the expiration date. The Planning Commission may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (s) This entitlement 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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: Jay Arora, 20538 Crestline Drive, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 9th DAY OF APRIL 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR BY: Joe Ruzicka, air an 1 1, 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 9th day of April 2002, by the following vote: AYES: Nelson, Nolan, Tanaka, WC Tye, C/Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: James DeStef no, Secretary 9