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HomeMy WebLinkAboutPC 2002-091 f PLANNING COMMISSION RESOLUTION NO. 2002-09 A RESOLUTION OF THE PLANNING COMMISSION OFTHE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-01, TREE PERMIT NO. 2002-01 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE WITH A FIVE CAR GARAGE, DECKS AND BALCONIES TOTALING TO APPROXIMATELY 13,349 SQUARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING POOUSPA, GAZEBO, TENNIS COURT AND RETAINING WALLS WITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 2492 INDIAN CREEK ROAD (LOT 80, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Melchor and Bonafe Parayno and applicant, Sanyao International have filed an application for Development Review No. 2002-01, Tree Permit No. 2002-01 and categorical exemption for a property located at 2492 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On March 21, 2002, public hearing notices were mailed to approximately 24 property owners within a 500 -foot radius of the project site. Further, the project site was posted with a display board and the public notice was posted in three public places. On March 28, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 9, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded 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 categorically exempt pursuant to Section 15301(a)/15307 of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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 andalterationswhich 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 site located within a gated community identified as "The Country Estates" and is currently developed with a two story single-family residence of approximately 4,117 square feet with three -car garage, -which will be demolished. The project site, irregularly shaped, is approximately 74,488 square feet (1.71 acres) and sloping down toward the rear. It contains a "restricted use" area within the rear portion of the site, thereby leaving approximately 27,010 square feet of usable lot area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DUJAC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surround the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application request is to construct a three-story (two -stories and basement) single-family residence with a five car garage, balconies and deck totaling to approximately 13,349 square feet. It will also allow the construction of a swimming pool/spa, patio, gazebo, tennis court and retaining walls with a maximum six foot exposed height. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing lot currently developed with single- family residence which will be demolished and reconstructed, as a larger single- family residence. The project site, existing prior to the City's incorporation, was always considered to be developed and remained as a single-family residential property. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.71 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates. (g) The design and layout of the proposed development will not interfere with the use and enjoyment. of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site was always planned for the development of a single- family residence. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Indian Creek Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible I with the character of the surrounding neighborhood and will maintain 3 the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Italian Villa. Architectural features such as columns, windows balconies, tile roof, plane variations on each elevation along with roof articulation, stucco exterior walls with quoin accent and color scheme are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates." Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as. its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4 Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(a)/15307, the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (1) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (m) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (n) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (o) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (p) The tree is host to an organism, which is parasitic to another species . of tree that is in danger of being exterminated by the parasite; (q) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (r) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The project site contains two walnut trees and one oak tree within the rear portion near the proposed tennis court. Also an oak tree is located adjacent to the south property line, but appears to be on the neighbor's property. The walnut trees and oak tree vary in size from 8 to 24 inches at DBH. The applicant does not propose to remove these trees. Due to their size and location the City requires that they be protected pursuant to Development Code Section 22.38.140 - Tree 5 Protection Requirements. The applicant also proposes to remove other existing trees on site not related to protected trees referenced in the Development Code. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated April 9, 2002, 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate plant species, size, quantity and location and shall include plant material utilized for slopes. All landscaping/irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) All retaining walls/walls shall not exceed an exposed height of six feet except retaining walls/walls within the front yard setback shall not exceed 42 inches in height. (f) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior A walls. The 35 foot height shall include the chimneys. At roof sheathing inspection, the applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement. (g) Wet bars located in the basement and first floor shall not contain kitchen or other cooking facilities (i.e., cooking stoves with or without an oven, hot plates, kitchen sink, cabinets an appurtenant plumbing, microwave or convection oven, etc.). (h) Application shall comply with Development Code Section 22.16.050.E.- Recreational Court Lighting as follows: (1) Light fixtures shall not be located closer than 10 feet to the nearest property line. (2) Fixture 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) No more than one light fixture .per 900 square feet of court surface is allowed with a maximum of 8 poles and fixtures per recreational court. (5) 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 property five feet or more beyond the property line. The incident light level at a property line shall not exceed one footcandle 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 footcandle. (6) Light fixtures shall be supported by an arm extending at least four feet from a support pole. (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) In the events that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflecting, dark -colored coating. (9) Tennis court shall not exceed 12 feet in height. The 12 foot height shall also include the height of retaining walls. (i) Pursuant to Code Section 22.38.020, the one oak tree and two walnut trees located within the rear portion of the project site near the proposed tennis court located and the one oak tree located adjacent to the south property line shall be protected and preserved as follows: 7 (1) Prior to the issuance of any City permits, the applicant shall install chain-link fencing with a minimum five foot height outside the drip line of the oak and walnut trees. (2) Prior to the issuance of any City permits, chain-link fencing shall be verified by the City. (3) Chain-link fencing shall remain until final inspection or Certificate of Occupancy is obtained. (4) Prior to the issuance of any City permits, said oak and walnut trees shall be plotted on the grading plan and submitted to the City for -review and approval. (j) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (k) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (1) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (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. 8 (o) The applicant shall make a newapplicationfor sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (p) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (q) The proposed residence shall comply with the State Energy Conservation Standards. (r) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (s) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) Basement home theater shall meet light and ventilation codes. (w) All balconies shall be designed for a 40 pound per square foot live load. (x) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. [i (y) Applicant shall obtain permits from South Coast Air Quality Management District prior to demolishing the existing single-family residence. (z) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (aa) 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. (bb) 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. (cc) 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 10 C� (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Melchor and Bonafe Parayno, 1221 W. Sierra Madre Avenue, Glendora, CA 91741, and Sanyao International, Inc., 255 Santa Clara Street, #200, Arcadia, CA 91006. APPROVED AND ADOPTED THIS 9th OF APRIL 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzic a, Chairm n 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 9th day of April 2002, by the following vote: AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka NOES: None ABSENT: None ABSTAIN: None ATTEST: "Iva J es DeStefa o, Secretary 11 PLANNING COMMISSION RESOLUTION OF THE PLANNING COMIVISSION OF THE CITY DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 102-01, TREE PERMIT NO. 2002-01 fkND CATEGORICAL (EMPTION, A REQUEST TO CONSTRU T A THREE-STORY NGLE FAMILY RESIDENCE WITH A FIVE GAR GARAGE, DECKS VD BALCONIES TOTALING TO APPROXIMATELY 13,349 )UARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING )OL/SPA, GAZEBO, TENNIS COURT ANM RETAINING WALLS ITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT TE IS LOCATED AT 2492 INDIAN CREEK ROAD (LOT 80, TRACT RESOLUTION NO. A. RECITALS. 1. The property owner, Melchor and Bonafe Parayno and applicant, Sanyao International have filed an application for Development Review No. 2002-01, Tree Permit No. 2002-01 and categorical exemption for a property located at 2492 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On March 21, 2002, public hearing notices were mailed to approximately 24 property owners within a 500 -foot radius of the project site. Further, the project site was posted with a display board and the public notice was posted in three public places. On March 28, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 9, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded 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. it 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(x)/15307 of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore; the categorical exemption reflects the independent judgment of the City of Diamond Bar. 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 site located within a gated community identified as "The Country Estates" and is currently developed with a two story single-family residence of approximately 4,117 square feet with three -car garage, -which will be demolished. The project site, irregularly shaped, is approximately 74,488 square feet (1.71 acres) and sloping down toward the rear. It contains a "restricted use" area within the rear portion of the site, thereby leaving approximately 27,010 square feet of usable lot area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surround the project site: to the north, south; east and west is the R-1-40,000 Zone. (e) The Application request is to construct a three-story (two -stories and basement) single-family residence with a five car garage, balconies and deck totaling to approximately 13,349 square feet. It will also allow the construction of a swimming pool/spa, patio, gazebo, tennis court and retaining walls with a maximum six foot exposed height. 2 Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing lot currently developed with singlefamily residence which will be demolished and reconstructed as a larger single- family residence. The project site, existing prior to the City's incorporation, was always considered to be developed and remained as a single-family residential property. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR - Maximum 1 DU/AC since the project site is 1.71 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open )roposed project is compatible with the eclectic architectural style, colors and material of other comes within "The Country Estates." (g) The design and layout of the proposed development will not interfere with the use and enjoyment. of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site was always planned for the development of a singlefamily residence. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates". As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Indian Creek Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. i) The architectural design of the proposed development is compatible with the character of the urrounding neighborhood and will maintain 3 the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Italian Villa. Architectural features such as columns, windows balconies, tile roof, plane variations on each elevation along with roof articulation, stucco exterior walls with quoin accent and color scheme are consistent and compatible with the eclectic architectural style, materials and colors of other homes within "The Country Estates:" Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 0 'ursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(x)/15307, the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (1) The tree is - so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (m) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (n) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (o) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (p) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (q) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (r) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The project site contains two walnut trees and one oak tree within the rear portion near the proposed tennis court. Also an oak tree is located adjacent to the south property line, but appears to be on the neighbor's property. The walnut trees and oak tree vary in size from 8 to 24 inches at DBH. The applicant does not propose to remove these trees. Due to their size and location the City requires that they be protected pursuant to Development Code Section 22.38.140 - 5 Protection Requirements. The applicant also proposes to remove other existing trees on site not related to protected trees referenced in the Development Code. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations; sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated April 9, 2002, 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate plant species, size, quantity and location and shall include plant material utilized for slopes. All landscaping/irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) All retaining walls/walls shall not exceed an exposed height of six feet except retaining walls/walls within the front yard setback shall not exceed 42 inches in height. (f) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior 9 walls. The 35 foot height shall include the chimneys. At roof sheathing inspection, the applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement. (g) Wet be rs located in the basement and first floor shall not contain kitc or other cooking facilities (i.e., cooking stoves with or without ove , hot plates, kitchen sink, cabinets an appurtenant plumbi m is owave or convection oven, etc.). (h) Application shall comply with Development Code Section 22.16.050.E Recreational Court Lighting as follows: (1) d closer than 10 feet to the nearest property line. 2 Fixture shall be of a type that is rectangular on a horizontal lane. The outside of the fixture, arm and supporting ole 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 No more than one light fixture per 900 square feet of court en an I9, urface is allowed with a maximum of 8 poles and fixtures per ecreational court. i Li ht fixtures shall be designed, constructed, mounted and aintained so that, with appropriate shieldin , the light source is completely cut off when viewed from any propertyfive feet or ore beyond the property line. The incident light level at a Droperty line shall not exceed one footcandle measured from rade to a height of 12 feet. The incident light level upon an abitable building on an adjacent property shall not exceed .05 ootcandle. 3 Li ht fixtures shall be supported by an arm extending at least our feet from a support pole. 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. 3 In the events that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low eflectin , dark -colored coating. Tennis court shall not exceed 12 feet in height. The 12 foot ei ht shall also include the height of retaining walls. (i) Pursuant to Code Section 22.38.020, the one oak tree and two walnut trees located within the rear portion of the project site near the proposed tennis court located and the one oak tree located adjacent to the south property line shall be protected and preserved as follows: 7 (1) Prior to the issuance of any City permits, the applicant shall install chain-link fencing with a minimum five foot height outside the drip line of the oak and walnut trees. (2) Prior to the issuance of any City permits, chain-link fencing shall be verified by the City. (3) Chain-link fencing shall remain until final inspection or Certificate of Occupancy is obtained. (4) Prior to the issuance of any City permits, said oak and walnut trees shall be plotted on the grading plan and submitted to the City for :review and approval. (j) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaininc wall will be mitigated. (k) Prior to the issuance of any City permits, the applicant shall submit a geotechnica report for the City's review and approval. The geotechnical report shal reference the stability of the retaining walls to withstand pressure of the retained soils. (1) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (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) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (p) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. proposed residence shall comply with the State Energy Conservation Standards. 1 (r) Surface water shall drain away from the proposed residence at a twopercent minimum slope. (s) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (t) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) Basement home theater shall meet light and ventilation codes. (w) All balconies shall be designed for a 40 pound per square foot live load. (x) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. 9 (y) Applicant shall obtain permits from South Coast Air Quality Management District prior to demolishing the existing single-family residence. (z) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (aa) 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. (bb) 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. (cc) 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 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: Melchor and Bonafe Parayno, 1221 W. Sierra Madre Avenue, Glendora, CA 91741, and Sanyao International, Inc., 255 Santa Clara Street, #200, Arcadia, CA 91006. APPROVED AND ADOPTED THIS 9th OF APRIL 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:.. Joe Ruzicl a, Chairm n 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 9th day of April 2002, by the following vote: AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka NOES: None ABSENT: None 1 ABSTAIN: None ATTEST: O J es Destefat, Secretary 1