HomeMy WebLinkAboutPC 2002-25PLANNING COMMISSION
RESOLUTION NO. 2002-25
A RESO UTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMON 3 BAR APPROVING DEVELOPMENT REVIEW NO. 2002-08,
MINOR CONDITIONAL USE PERMIT NO. 2002-07, TREE PERMIT
NO. 2002 -05 AND NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT 40.2002-03 ALLOWING FOR THE CONSTRUCTION OF A
THREES ORY 8,200 SQUARE FOOT SINGLE-FAMILY RESIDENCE
ON A V CANT 62,506 SQUARE FOOT (1.43 ACRE) R-1 (40,000)
ZONED OT. ADDITIONALLY, PERMITTING A 10 -FOOT HIGH
FENCE ROUND A TENNIS COURT, AND REMOVAL OF A
PROTEC ED TREE SPECIES. THE PROJECT SITE IS LOCATED AT
23930 FA CONS VIEW DRIVE (APN 8713-039-017), DIAMOND BAR,
CALIFORNIA
A. RECITALS
1. The ap licant Horizon Pacific, acting as the agent for the property owner,
Chao Guyang and Yanni Chen, has filed an application for Development
Review No. 2002-08, Minor Conditional Use Permit No. 2002-07, Tree Permit
No. 20 2-05 and Negative Declaration of Environmental Impact No. 2002-03
for property located at 23930 Falcons View Drive, Diamond Bar, Los Angeles
County California. Hereinafter in this Resolution, the subject Development
Review Minor Conditional Use Permit, Tree Permit and Negative Declaration
of Environmental Impact shall be referred to as the "Application."
2. On Aug st 6, 2002, public hearing notices were mailed to approximately 24
props owners within a 500 -foot radius of the project site, and posted in
three PL blic places. On August 6, 2002, the project site was posted with a
display oard. On August 7, 2002, and August 8, 2002, notification of the
public h aring for this project was provided in the San Gabriel Valley Tribune
and the Inland Valley Daily Bulletin newspapers, respectively.
3. On August 27, 2002, the Planning Commission of the City of Diamond Bar
conduct ad a duly noticed public hearing on the Application.
B. RESOL
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission ofl the City of Diamond Bar as follows:
I1. This Pla ning Commission hereby specifically finds that all of the facts set
forth int a Recitals, Part A, of this Resolution are true and correct.
2. In accordance with Article 6, Section 15070, the Planning Commission finds
the attached Negative Declaration of Environmental Impact adequate as to
form and content, and hereby approves the same.
3. Pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), the
Planning Commission has determined that, after considering the record as a
whole, there is no evidence that the proposed project will have the potential
for any adverse effect on wildlife resources or the habitat upon which the
wildlife depends; therefore, the project is not required to pay Fish and Game
Department filing fees.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is a developed parcel of land, which is located in the
gate -guarded community known as the Country Estates. The site
contains 1.43 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 (Falcons View
Drive); and it slopes in a southwesterly direction.
(b) The project site has a General Plan land use designation of Rural
Residential.
(o) The project site zoned R 1(40,000) (Single -Family Residential).
(d) Generally, the site is surrounded to the north, east and west with R-1
(40,000) zoned property. Properties to the south are vacant and
located within the City of Chino Hills (Los Angeles County).
5. 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:
(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,
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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.
project site is an existing vacant single-family residential estate
-el of land surrounded by existing residential development. The
)osed project would complete and compliment the development of
neighborhood.
(c) he 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 Chapter 22.48 of the Diamond Bar Development
ode, City Design Guidelines, the General Plan, or any applicable
pecific plan.
o proposed project is consistent with the surrounding development
terms of mass and scale. Access to the proposed project is
`aired from a fully developed private street.
(d) he design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
eighbors through good aesthetic use of materials, texture and color,
and will remain aesthetically appealing.
he eclectic Italian Renaissance style proposes the use of a variety of
compatible building materials and earth tone colors to soften the
ome's impact and assist in preserving the hillside's aesthetic value.
(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.
the issuance of City development permits, the proposed
is required to comply with all conditions set forth in this
in and the Building and Safety Division, Public Works
, and Fire Department requirements. The referenced
s through the permit and inspection process will ensure that
3
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).
Pursuant to the provisions of the California Environmental Quality Act
(CEQA), Article 6, Section 15070, the City has determined that a
Negative Declaration is required for this project. Negative Declaration
No. 2002-03 has been prepared and is made part of this
administrative record.
6. Minor Conditional Use Permit
Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the
Planning Commission finds:
(a) The proposed use is allowed within the subject zoning district with
approval of a Minor Conditional Use Permit and complies with all
other applicable provisions of this Development Code and the
Municipal Code.
The proposed home will be located within the City's R-1 (40,000)
zoning district, which allows for the development of single-family
residences. Additionally, Section 22.20.090 of the Diamond Bar
Development Code permits the deviation from the required fence
height limitations provided a Minor Conditional Use Permit is
approved. The project has been designed to meet or exceed the
applicable development standards set forth in the Diamond Bar
Development Code.
(b) The proposed use is consistent with the General Plan and any
applicable specific plan.
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.
(c) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
4
The resulting 8,200 square foot three-story eclectic Italian
' Renaissance designed single-family residence with the swimming
pool and tennis court in the rear yard area is compatible with the
surrounding and neighboring properties, which have been developed
with homes of similar size, style and amenities. Additionally, approval
of the increased fence height will not block the view or degrade the
light and open space area of the westerly adjacent development now
or in the future.
(d) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
onstraints.
The approximate 1.43 -acre site is adequate to accommodate the
vroposed new single-family dwelling and exterior amenities, which is
b compliance with the applicable Diamond Bar Development Code
levelopment standards. Also, the single-family home will be provided
vifh adequate water and utility services. Approval of the Minor
conditional Use Permit would have no impact on these services.
(e) ranting the Minor Conditional Use Permit will not be detrimental to
' he public interest, health, safety, convenience or welfare, or
materially injurious to persons, property or improvements in the
vicinity and zoning district in which the property is located.
he proposed slight increase in fence height will not substantially
lock the view or degrade the light and open space area of the
,esterly adjacent development. Additionally, given the property
►oping topography, the 10 -foot high tennis court fence would not
:)mpromise or diminish the intent of the Code to provide adequate
uffering and screening of outdoor uses. Furthermore, the generally
.cepted and practiced standard (American Institute of Architects,
rchitectural Graphic Standards, 10th Edition) of 10 feet for tennis
)urt fencing will assist in preventing public and personal property
image from misguided hit balls. Therefore, the project will not ha ve
negative impact on the public interest, health, safety or welfare.
(f) he proposed project has been reviewed in compliance with the
p ovisions of the California Environmental Quality Act (CEQA).
rsuant to the provisions of the California Environmental QualityAct
( EQA), Article 6, Section 15070, the City has determined that a
' gative Declaration is required for this project. Negative Declaration
.2002-03 has been prepared and is made part of this
a ministrative record.
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7. Tree Permit
Pursuant to Section 22.38.110of 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
Replace ment/Relocation Standards).
Given the location of the building pad and exterior amenities
(i.e. swimming pool and tennis court) it is necessary to remove the
existing native walnut 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 24 inches.
8. 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 August 27,
2002, and as amended herein.
(b) The tennis court fencing shall not exceed ten (10) feet in height as
measured from its finished grade as depicted on the plans labeled
Exhibit "A" as presented to the Planning Commission on August 27,
2002.
(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
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 applicant shall be required to submit a final landscape/irrigation
plan for the entire site that delineates the type of planting materials
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(e)
color, size, quantity and location, for review and approval by the City's
Planning Commission. The plan shall include a minimum of thirty-
three (33) 15 -gallon trees of the same species of the trees to be
removed from the site. The new trees shall be planted in a grove on
the descending slope near the adjoining natural terrain. All
landscaping and irrigation shall be installed prior to the issuance of a
Certificate of Occupancy.
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 rooffine.
(f) The single-family residence shall not be utilized in a manner that
reates adverse effects upon the neighborhood and environmental
etting as to levels of dust, glare/light, noise, odor, traffic, or other
imilar types of disturbances. Nor shall the project be operated so as
o result in significantly adverse effects on public services and
esources. The single-family residence shall not be used for
ommercial/institutional purposes, or otherwise used as a separate
welling. The property shall not be used for regular gatherings which
esuit in a nuisance or which create traffic and parking problems in the
eighborhood.
(g) The owners shall complete and record a "Covenant and Agreement to
Maintain a Single Family Residence" on a form to be provided by the
ity. The covenant must be completed and recorded with the Los
ngeles County's Recorder's Office prior to the issuance of a building
(h) 11 construction activity shall be in conformity with the requirements
nd limitations of the City of Diamond Bar Municipal Code as
i plemented by the Building and Safety Division.
(i)E efore construction begins, the applicant shall install temporary
c nstruction 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
s I iall provide temporary sanitation facilities while under construction.
(j) T e applicant shall comply with the requirements of the City Engineer
a d Public Works Divisions.
(k) B fore the issuance of any City permits, the applicant shall submit an
e osion 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
M nagement Practices (BMP's) to satisfy the Standard Urban
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Stormwater Mitigation Plan (SUSMP) requirements. Additionally, the
Applicant shall obtain any necessary NPDES permits.
(1) Prior to the issuance of any City permits, 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.
(m) 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.
(n) Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
(o) 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.
(p) All utility service to the proposed project shall be installed
underground.
(q) 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
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.
(r} 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
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(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to the following: Jerry Yeh and Yanni Chan, 2707 Diamond Bar
;Blvd., Suite 202, Diamond Bar, CA 91765
APPROVED AND ADOPTED THIS 27th DAY OF AUGUST 2002, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
zicka;
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 the27th day
of August 2002, by tie following vote:
AY S: Nelson, Nolan, Tanaka, WC Tye, C/Ruzicka
NO S:
AB ENT:
AB TAIN:
ATTEST:
Secretary
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PLANNING COMMISSION
RESOLUTION NO. 2002-25
A iTION OF THE PLANNING COMMISSION OF THE CITY
OF BAR APPROVING DEVELOPMENT REVIEW NO.
MINOR 2002-08, )NDITIONAL USE PERMIT NO. 2002-07, TREE
1 NO. PERMIT )5 AND NEGATIVE DECLARATION OF
200; ENVIRONMENTAL 0. 2002-03 ALLOWING FOR THE
IMPACT CONSTRUCTION OF A DRY 8,200 SQUARE FOOT
THREE; SINGLE-FAMILY RESIDENCE ANT 62,506 SQUARE
ON A V— FOOT (1.43 ACRE) R-1 (40,000) J. ADDITIONALLY,
ZONED PERMITTING A 10 -FOOT HIGH ROUND A TENNIS
COURT, AND REMOVAL OF A °-D TREE SPECIES. THE
23930 PROJECT SITE IS LOCATED AT CONS VIEW DRIVE
FA
A. RECITALS
1. The ap Acant Horizon Pacific, acting as the agent for the property owner,
Chao ( uyang and Yanni Chen, has filed an application for Development
Review No. 2002-08, Minor Conditional Use Permit No. 2002-07, Tree
No. 20( Permit 2-05 and Negative Declaration of Environmental Impact No.
for 2002-03 Drty located at 23930 Falcons View Drive, Diamond Bar,
proF Los Angeles California. Hereinafter in this Resolution, the subject
County Development Minor Conditional Use Permit, Tree Permit and
Review Negative Declaration mmental Impact shall be referred to as the
of Envii
st 6, 2002, public hearing notices were mailed to approximately
2. On Aug 24 owners within a 500 -foot radius of the project site, and posted
propert in Ac places. On August 6, 2002, the project site was posted with
rt three a oard. On August 7, 2002, and August 8, 2002, notification of the
pi aring for this project was provided in the San Gabriel Valley
display Tribune nland Valley Daily Bulletin newspapers, respectively.
public
h andst 27, 2002, the Planning Commission of the City of Diamond Bar d
the a duly noticed public hearing on the Application.
3. On Aug
conduct B.
RESOLUTIONFORE, it is found, determined and resolved by the Planning the City
of Diamond Bar as follows:
1. This Planing Commission hereby specifically finds that all of the facts set forth in t e Recitals,
Part A, of this Resolution are true and correct.
2. In accordance with Article 6, Section 15070, the Planning Commission finds
the attached Negative Declaration of Environmental Impact adequate as to
form and content, and hereby approves the same.
3. Pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), the
Planning Commission has determined that, after considering the record as
a whole, there is no evidence that the proposed project will have the
potential for any adverse effect on wildlife resources or the habitat upon
which the wildlife depends; therefore, the project is not required to pay
Fish and Game Department filing fees.
4. Based on the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
(a) The project site is a developed parcel of land, which is located in the
gate -guarded community known as the Country Estates. The site
contains 1.43 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 (Falcons
View Drive); and it slopes in a southwesterly direction.
(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 north, east and west with R-1
(40,000) zoned property. Properties to the south are vacant and
located within the City of Chino Hills (Los Angeles County).
5. 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
(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,
2
the City adopted its General Plan, and the proposed project
complies with the General Plan land use goals, objectives and
strategies. The oroject 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 ith
the use and enjoyment of neighboring existing or future
evelopments and will not create traffic or pedestrian hazards.
project site is an existing vacant single-family residential estate
:el of land surrounded by existing residential development. The
)osed project would complete and compliment the development
of neighborhood.
(c) he architectural design of the proposed development is compatible ith
the character of the surrounding neighborhood and will maintain
and enhance the harmonious orderly and attractive development
contemplated by the Chapter 22.48 of the Diamond Bar
Development ode, City Design Guidelines, the General Plan, or any
applicable specific plan.
e proposed project is consistent with the surrounding development
terms of mass and scale. Access to the proposed project is 'wined
from a fully developed private street.
(d) he design of the proposed development will provide a desirable
nvironment for its occupants and visiting public as well as its eighbors
through good aesthetic use of materials, texture and color, nd will
remain aesthetically appealing.
he eclectic Italian Renaissance 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.
(e) he proposed development will not be detrimental to the public health,
safety or welfare or materially injurious (e.g., negative affect o
property values or resale(s) of property) to the properties or i
provements in the vicinity.
the issuance of City development permits, the proposed is
required to comply with all conditions set forth in this m and
the Building and Safety Division, Public Works , and Fire
Department requirements. The referenced s through the
permit and inspection process will ensure that
3
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).
Pursuant to the provisions of the California Environmental QualityAct
(CEQA), Article 6, Section 15070, the City has determined that a
Negative Declaration is required for this project. Negative
Declaration No. 2002-03 has been prepared and is made part of this
administrative record.
6. Minor Conditional Use Permit
Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the Planning
Commission finds:
(a) The proposed use is allowed within the subject zoning district with
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal
Code.
The proposed home will be located within the City's R-1 (40,000)
zoning district, which allows for the development of single-family
residences. Additionally, Section 22.20.090 of the Diamond Bar
Development Code permits the deviation from the required fence
height limitations provided a Minor Conditional Use Permit is
approved. The project has been designed to meet or exceed the
applicable development standards set forth in the Diamond Bar
Development Code.
(b) The proposed use is consistent with the General Plan and any applicable
specific plan.
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.
(c) The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the
vicinity.
E
The resulting 8,200 square foot three-story eclectic Italian
Renaissance designed single-family residence with the swimming
pool and tennis court in the rear yard area is compatible with the
surrounding and neighboring properties, which have been developed
with homes of similarsize, style and amenities. Additionally, approval
of the increased fence height will not block the view or degrade the
light and open space area of the westerly adjacent development now
or in the future.
(d) The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical
ie approximate 1.43 -acre site is adequate to accommodate the
oposed new single-family dwelling and exterior amenities, which
is compliance with the applicable Diamond Bar Development
Code velopment standards. Also, the single-family home will be
provided th adequate water and utility services. Approval of the
Minor rnditional Use Permit would have no impact on these
(e) ranting the Minor Conditional Use Permit will not be detrimental to he
public interest, health, safety, convenience or welfare, or aterially
injurious to persons, property or improvements in the icinity and
zoning district in which the property is located.
he proposed slight increase in fence height will not substantially
lock the view or degrade the light and open space area of the
lesterly adjacent development. Additionally, given the property
loping topography, the 10 -foot high tennis court fence would not
ompromise or diminish the intent of the Code to provide adequate
uffering and screening of outdoor uses. Furthermore, the generally
.cepted and practiced standard (American Institute of Architects,
rchitectural Graphic Standards, 10t" Edition) of 10 feet for tennis
)urt fencing will assist in preventing public and personal property
amage from misguided hit balls. Therefore, the project will not
have negative impact on the public interest, health, safety or
(f) he proposed project has been reviewed in compliance with the p ovisions of the California
Environmental Quality Act (CEQA).
rsuant to the provisions of the California Environmental
QualityAct (EQA), Article 6, Section 15070, the City has determined
that a gative Declaration is required for this project. Negative
Declaration .2002-03 has been prepared and is made part of this a
ministrative record.
5
7. Tree Permit
Pursuant to Section 22.38.110of 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 exterior amenities (i.e.
swimming pool and tennis court) it is necessary to remove the
existing native walnut 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 3.4 ratio with a
compatible species and a minimum box size of 24 inches.
8. Based on the findings and conclusions set forth above, the Planning Commission hereb
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 August 27, 2002,
and as amended herein.
(b) The tennis court fencing shall not exceed ten (10) feet in height as
measured from its finished grade as depicted on the plans labeled
Exhibit "A" as presented to the Planning Commission on August 27,
2002.
(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
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 applicant shall be required to submit a final landscape/irrigation plan for
the entire site that delineates the type of planting materials
n.
color, size, quantity and location, for review and approval by the
City's Planning Commission. The plan shall include a minimum of
thirty'three (33) 15 -gallon trees of the same species of the trees to be
removed from the site. The new trees shall be planted in a grove on
the descending slope near the adjoining natural terrain. All
landscaping and irrigation shall be installed prior to the issuance of a
Certificate of Occupancy.
(e) 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.
(f) he single-family residence shall not be utilized in a manner that reates
adverse effects upon the neighborhood and environmental efting as
to levels of dust, glare/light, noise, odor, traffic, or other imilar types
of disturbances. Nor shall the project be operated so as o result in
significantly adverse effects on public services and esources. The
single-family residence shall not be used for ommercial/institutional
purposes, or otherwise used as a separate welling. The property
shall not be used for regular gatherings which esult,in a nuisance or
which create traffic and parking problems in the
(g) he owners shall complete and record a "Covenant and Agreement to
aintain a Single Family Residence" on a form to be provided by the
ity. The covenant must be completed and recorded with the Los
County's Recorder's Office prior to the issuance of a building ...,;.
(h) II construction activity shall be in conformity with the requirements and
limitations of the City of Diamond Bar Municipal Code as i
plemented by the Building and Safety Division.
(i) efore construction begins, the applicant shall install temporary c
nstruction 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
s all provide temporary sanitation facilities while under construction.
(j) T e applicant shall comply with the requirements of the City Engineer a d Public
Works Divisions.
(k) Before the issuance of any City permits, the applicant shall submit an e
osion 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 M
nagement Practices (BMP's) to satisfy the Standard Urban
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Stormwater Mitigation Plan (SUSMP) requirements. Additionally, the
Applicant shall obtain any necessary NPDES permits.
(1) Prior to the issuance of any City permits, 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.
(m) 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.
(n) Prior to the issuance of any City permits, the proposed construction
plans shall be submitted to the Fire Department for review and
approval.
(o) 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.
(p) All utility service to the proposed project shall be installed underground.
(q) 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 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.
(r) 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
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(b) Forthwith transmit a certified copy of this Resolution by certified mail, to
the following: Jerry Yeh and Yanni Chan, 2707 Diamond Bar Blvd.,
Suite 202, Diamond Bar, CA 91765
APPROVED AND ADOPTED THIS 27th DAY OF AUGUST 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
I1-YA
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly ntroduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the27th day
of August 2002, by toe following vote:
AY -S:. Nelson, Nolan, Tanaka, WC Tye, C/Ruzicka
NOES:
AK STAIN: ATTEST: I ( L%
Secretary
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