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HomeMy WebLinkAboutPC 2002-36PLANNING COMMISSION RESOLUTION NO. 2002-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-27/ VARIANCE NO. 2,002-04 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO. CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE WITH PORCH, BALCONIES/ COVERED (PATIO, AND DUAL TWO -CAR GARAGES TOTALING APPAOXIMA7ELY 11,9.83 GROSS SQUARE: FEET AND A SITE R'ETAINI'NG WALL IN AREAS OF VARYING TOPOGRAPHY THAT VARIES IN EXPOSED HEIGHT FROM 42 ; INCHES TO A MAXIMUM OF TEN (10) FEET. THE PROJECT SITE IS 24037 GOLDRUSH- DRIVE (LbT, 3, TRACT NO. 31,977), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Goldrush Investment Group, and Applicant, Andrew King, have filed an application to approve Development Review No. 2002-27/ Variance No. 2002-04for a property located at 240,37 Goldrush Drive; Diamond Bar, Los Angeles County, California, as described in the title of this Resolution.. Hereinafter in this Resolution, the subject Development Review, Variance, and Categorical Exemption shall be referred to as the "Application." 2. On October 8, 2002, 42 .property owners within a 5010 -foot radius of the project site were notified by mail. On October 11, 2002, notification of the public hearing for.this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, a notice of public hearing on a display board was posted at the site and displayed fpr at least 10 days before the public hearing, and three other public.places were posted.within the vicinity of the application: 3. On September 24, 2002, the. Planning Commission of the City of Diamond Bar continued this item to the October 22, 2002 public hearing. On October:22, 2002, the Planning Commission conducted and concluded the 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 The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The vacant project site, was established before the adoption of the City's General Plan_ However, the proposed project complies with the. elements of the adopted General Plan of July 2�, 1995, which has a land use designation of Low Density Residential (RL). The proposed structures comply with the City's General ; Plan objectives. and strategies related to maintaining the ;integrity . of residential neighborhoods and open space. The proposed use is zoned for single-family residence per Residential Planned Development - Minimum Lot Size 20,000 Square Feet -2 Units (RAPD -20,0002U). The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the ' Diamond Bar Development Code. The proposed design and ayout is compatible with the eclectic architectural style, design, mat rials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for es (fj 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 is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a single-family residence. The main structure and its placeent on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code. The proposeo� design and layout is compatible with the eclectic architectural style, d sign, materials, and colors of existing homes within the surrounding area. the developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future =development, and will not, create traffic or pedestrian hazards. The project site is adequately served by Goldrush Drive and Highcrest Drive. These streets are designed to handle ` he minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the ,harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan: The proposed project's architectural' design and palette are ' compatible with the architectural style of other hoimes within the tract and are consistent with the City's General Plan, I evelopment Code, and Design Guidelines. The proposed project's architectural style is 3 4 of wall in the front yard. The siting and placer>jment of the wall and main structure- with the proposed Variance ensue that the proposed project blends into the terrain and does not dominate the landform as seen from lower elevations. Therefore; due to the combination of special circumstances applicable to the property, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by other property owners in the vicinityand under identical zoning districts that creates an unnecessary and non -self created hardship that makes it obviously impractical to require compliance wm h the development standards. (1) Granting the Variance is necessary for the preservation and enjoyment of substantialproperty rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought.) As stated above in Item (k), the granting of this Variance is based on the facts that the buildable pad area is established. In this case, the main structure could be approved with a minimum west side setback of five (5) feet at the top of the slope. Though this is the minimum VARIANCE (k) There are - special circumstances applicable to the property .(e.g., location, shape, size, surroundings, topography; or, other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other prop" owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self, created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Variance request is to allow retaining wall sections up to a maximum of ten (10) feet. The lot is _9., acre and pad is approximately. 72 acre. This is one of the larger 50dable sites in this tract. The combination of size, shape, and the varying topography of the slope on the property are not typical of lots in the general vicinity. In this case, 'the main structure could be approved with a. minimum west side setback of five (5) feet at the top of the.slope. Though this is the minimum Development Code standard; staff recommends that the main structure shift the five (5) feet to the, east to allow the ten (10) feet larger setback at the top of the west slope. The section of the retaining wall requested at ten (1 0).feet is obscured by the main structure and will be viewed from the proposed residential structure and will not impact the neighboring views. T e landscaping and the approximately 71 feet front property line obscure eight feet section of wall in the front yard. The siting and placer>jment of the wall and main structure- with the proposed Variance ensue that the proposed project blends into the terrain and does not dominate the landform as seen from lower elevations. Therefore; due to the combination of special circumstances applicable to the property, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by other property owners in the vicinityand under identical zoning districts that creates an unnecessary and non -self created hardship that makes it obviously impractical to require compliance wm h the development standards. (1) Granting the Variance is necessary for the preservation and enjoyment of substantialproperty rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought.) As stated above in Item (k), the granting of this Variance is based on the facts that the buildable pad area is established. In this case, the main structure could be approved with a minimum west side setback of five (5) feet at the top of the slope. Though this is the minimum Development Code standard,.. staff recommends that the main structure shift the five (5) feet to the east to allow the ten (10) feet largersetback at the top of 'the west. slope.. The section of the retainftT- raf req�rested.at .ten> (10) .fee€ rs obscured by the main str dre and. will pe vieewed 1rarm =the prap6gad4esidendal structure end wrll mat rrt�pt the: neighboring gree The lar�dscapfrg acrd Irpro�rrnrWely�`Ee �rcritprape aosccre{the ehtfeet section of atl itke j yam - The ;fig and laenaent. of the wall and rrra n� strErcf reg �%if a rapodedzVar �eu�s hoe that te prapsaf project btands igta�f ,t rare oaz�d doe of o to tlxe lana f it as seers to leawer erevativns. As'a. results :ranting thy: variance is :necessary for the preservation ands rf a su istanfial property rrOhts possessed by other prop y�pwners in i�he saMe vicinityarrd zol ►ng dfstcrcts and denied to. �'�l�or°far ,hrch�the' Wai�arrce�=-soht: ''(m) Granting the Varience,is cores stent'with the General Pian and any app PwspeeiWpian: As ste d 'Ite►n (k); tl proposed relarnrng.wall is consistent.with:the . Gen eraf f?lap and consent With specific stra#egies 1.2.4 and 2.2:1 of ;thThere is no=specific plan'.,: ,(n) The ,prop el ent #Ier t would not =be "detrimental to the public me a #; tied#h„ a e , corfver ier�e or if a of the Ci#y. Before! they issuance of any City permitsf'the proposed. project is required to comply with alhconditions within. the approved resolution and the Building and Safety Division, Public Works Division, and Fire. Departrrr t equirernents:. � ,The, refemnoaair,ag°ehcies through rtthe- - penrritAw- spection process:will ensure that the proposed project is r not r p0I.&L.to e° p€rblic,�-health; safer .ar welfare: or materially inlurio �PPdhe prapediee or ire pravements ,"W#ha vicinity. t.i t (o) The �ptgpgsed project has been reviewed in, compliance with the provisions of the California Environmentai duality Act (CEQA). -The., environmental evaluation shows that -the proposed: project is, Categorically Exerrrpt pursuant to the guidelines of the California Envirohmental Ouallty Act of 7970 (CEQA), Section 15303(a). 5. Based upon the findings and conclusion. set forth above, the Planning Commission, hereby:,approves this Applicatran subject to the following conditions: r� (a) The project shall substantially conform to .site plan, floor plans, elevations and materials/colors board collectively. labeled as Exhibit "A" dated October 22, 2002, as submitted to and approved by the Planning Commission and as amended herein, ' (b) Prior to any plan check or city permits, all vacant lots of Tract No. 31977 shall be cleaned of existing debris to the satisfaction of the " City staff. (c) The subject site shall be maintained in a condition that 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 duty 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. ab ligation to insure that the waste. . contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (d) Before construction begins, the Applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the pro#ect site`s .perimeter. This fencing shall remain until the Building Official;approves its removal. (e) The Applicant shall provide temporary sanitation facilities while under construction: PUBLIC WORKS (f) The Applicant shall submit a soils. report 'for the proposed improvements to be reviewed and approved b� the Public Works Division prior to issuance of grading or retaining wall permits. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (g) A grading and retaining'wall plan shall be'requifi ed. In accordance with the City's grading requirements, the grading plan.. shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall bedelineated: t . Cut and flil. quantities. and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. Proper drainage with detailed sketches, surface water shall drain away from the building at a 2% minimum slope; 7 A _ 'Proposed. and; existing grades; i i 5. `Sign/stamped by a civil -engineer,. geotechnical engineer and geologist; i 6 Clearly deliae�ate atl casements (Iaep:,.Flood, Hazard Arca and RecrL. ion EaseFnentsj; .7....,r Rot' iniog walls ,,shalloinot be constructed of wood or wood 8. Retaining walls shall be required to be ornamental by using stucco or decorative block; `:Engin4ared-macula#rorispshall'besubrnittedwith retaining walls Stadards';ot applicable), �g watl i titins on �d ing��ptan with standard deta,lardin+.T., i��: ... .Top'rr,315, r 4��00* C.calJi,.A � tatons. a 1.1#� f�ra'`stll llie . subject ' to Development Code Sebtil Air &rnissions)'and'Section 22.28 .(Noise); 12. I-drEogycaloarlei+nslwing cap�acirafproposed drainage devrce asw011 exi'sti drainage structures on site shalt:b�e= rid . , U6Rc,Works Dlvrsion 13. f�insat rptn 1ialls holding a fil l -shall not exceed a ti R,7 r xpu1ihei t 1> rr hes s (h) If applible; 'thepplic nt shall comply with Standard Urban Storm Water m,iegterats to Vtle sati'sfactior :-of the City Engineer. . (i) Before the issuance of any City permits, erosion control plans shall bei-'. submitted for the City's review and:approval. Measures' shall; be�Jn place.:for�construction started after September 15,'through April 15.: The ercxsiori control`pl'arshall conform to Nationat-Pollutant Discharge Eliminaon g :System (IVPDI) ° standards arid: incorporate the. approp ateOest``I lanagerrient f?ractices (BMPks}: Additionally, the Applicant shall,obtairr:the:nec ssary;NPQES,permits. (j) Applicant shall veri#y:thatthe. projectsite is currently- connected to the public sewer system and impacts on the sewage capacity as aresult of theP opo'sed: structure: stryatl;;be approved: (k) Applicantshall submit an application to the Walnut Valley Water District as necessary, � and submit thein approval to'the Building and Safety Divis'ion.prior to the issuance of building permits. BUILDING AND SAFETY 8 {I) Site, driveway grade, and house design shall be approved by the, Fire Department. The maximum slope: is 15% per the Public Works Division. (m) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (n) The minimum design wind pressure shall be 80 miles per hour and SIC„ exposure. (o) The single-family structure requires Fire Department approvaland is located in "Fire Zone 4" and shall meet the follo 'wing requirements of that fire zone: 1. All roof covering shah- be Fire Retardant, Class An; 'tile roofs shall be fire stopped at the eaves to preclude entryof the flame or members under the fire; 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic,, floor, and/or, other. enclosed areas. shall be covered with corrosion -resistant wire mesh not, less than '%a inch nor more than 1/z inch in any dimension except where such openings are equipped with sash or door;. 4. Chimneys shall have. spark arresters of maximum 1/2 inch screen. (p) This single-family structure shall meet the State ,Energy Conservation Standards. (q) flue to the site's topography, Applicant shalh comply;with.speciak _. - design requirements as specified in the California Building Code, Section 18.4.3, building setback; top and toe of slopes. (r) All sleeping rooms shall have windows that comply with egress requirements. {s) All balconies shall be desi n ed for 40 pound per square foot live load. (t) Hand rails and guardrails shall be designed. for 20 -pound load applied laterally at. the top of the rail. (u) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (v) Application shall provide window and door schedule for Building and Safety plan check. 9 { PLANNING DIVJSION,, I (w) The front yard iandscapinglirridation shall be installed' prior to the Planning Division s final rrtspection Arty walls, gates, fountains, etc., that` rnay�be°propoed.wif hrnzthe frantesebaCk shall not encroach into � street's de:catelasiwrem Aor.excceed 'raimrim 42 inches in; . height:' . (x) The, single-family residence shall not be utilized in a manner that creates adverse effects upon the rtaighborhood:and environmental ettrrf th£resrdaal cite t^tvefrdust; gtarel�ht; °noise, odor;` Arfc, roirMrstorlrii Pikbneighborhood: and shallnot-result rn sigrtrfrcantlyadaoffeton publac arce`s = ` and resources. The .single- 901y -residence shall not:be used. or ercrals#trt, carnrrt' i�nal��rpos,dor��othvise used :as a sepaarata dwells xT r err e a�t°t efru der c r'regular gatherings Which.' result irr a narxor wilhrterad parking probierns irr the (y) The Applicant shall co -mot to acid recorder"`Covenant and Agreement toMaintarrr a Srngte Family Reardence"" a form to be provided by, the Cid' The covenant rrtiste=co7rtpletnd'recorded with the Los Angeles Cover ty'*, Reco�oe�s Off'rfi"she issuance of a building permit'61 , - (z) The. Applicant shall comply with the -requirements of the Fire Department and City Pfanning;`Buildirfg.,arrdSafety and'PublicWorks Divisions. ..; (aa) This grant - -is valid for. two (2) years °and :shall be:exercised (i.e.,. construction); within that period or this grant shall expire. A one- (1) .year extension may be app`rovedyr�uhen submitted to the City in writing at least 60 days priorto the ;expiration date. The Planning , Commission will. consider the: eXtension, request "at a duly noticed public' hearing in accordance with Ctfo r 222 7� 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-aipproval'of this grant, at the City of Diamond Bar Community and Development Services Department, 'their affidavit stating that they-. are aware, and agree 10 accept all the conditions of this grant. Further; this grant shalt not be effective until the permittee pays remaining City processing fees. �I 0 (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 derninimis impact on fish and wildlife, the Applicant shall also.. pay to the Department of Fish and Game any such fee and any fine which the. Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of -this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Goldrush lnvestment Group and Andrew Kings 1595 S. McPherrin Avenue, Monterey Park, CA 91754. APPROVED AND ADOPTED THIS 22nd DAY OF OCTOBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By. Joe Ruz" a, airman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution. was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 22nd day of October 2002, by the following Grote: AYES: Nolan, C/Ruzicka, Nelson, Tanaka, V/C Tye ANNING COMMISSION RESOLUTION NO. 2002-36 RECITALS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND Bi APPROVING DEVELOPMENT REVIEW !NO. 2002-27/ VARIANCE N0. 2002-04 AIS CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO-STOR SINGLE-FAMILY ftESIDENCE WITH PORCH, BALCONIES/ COVERED PATIO, AIs DUAL TWO -CAR GARAGES TOTALING APPROXIMATELY 11,983 GROSS SQUAF FEET AND A SITE RETAINING WALL IN AREAS 'OF VARYING TOPOGRAPHY TH/ VARIES IN EXPOSED HEIGHT FROM 42 INCHES TO A MAXIMUM OF TEN (10) FEE THE :PROJECT SITE ;IS 24037 GOLDRUSH- DRIVE (LO'F 3; TRACT NO. 3107' DIAMOND BAR, CALIFORNIA. I 1. The property owner, Goldrush, Investment Group, and Applicant, Andrew King; have filed applicafion to approve Development Review No: 2002-27/ Variance No. 2002-04' for property located at 240,37 Goldrush Drive, Diamond Bar, Los Angeles Coun California, as described in the title of this Resolution. Hereinafter in this Resolution, tl subject development Review, Variance, and Categorical Exemption shall be referred as - the "Application." 2. On October 8; 2002, 42 property owners within a 500 -foot radius of the project site we notified by mail: On October 11, 2002, notification of the public hearing for this projE was provided in the San GAbriel Valley Tribune and Inland Valley Daily Bulle newspapers, a notice of public hearing on a display board was posted at the site ai displayed for at least 10 days before the public hearing; and three other public plac were posted within the vicinity of the application. )tember 24, 2002; the Plannirig Commission of the City of Diamond Bar continued this item to the October 22, 2002 public hearing. On October 22, 2002, the Planning Commission conducted and concluded the public hearing on the Application. )LUTION IEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar ows: ie Planning Commission hereby specificatly 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 determines that the project identified above in t Resolution is categorically exempt from the requirements of the California Environmer Quality Act of 1970 :(CEQA) and guidelines pt-omiu4gatedflsrw e#anders: Thiis^is:p__u; to'Se-flort 1'--(t3(-'alof.Artiele 19 . 'ofChapr---;--itle- of.tfie°: Qal pfam iaCode°=caf: Re. gear - 3. , :The Rip, nEng Cc>'mrrrission hereby speciffca(ly firrds jar-d-.deiermines tr .:;havirrg,cansidgred;the;°reco,rd as a whole in-tudi-rg tjr-.firrcfings-,;set fc below., -,an dvgl-angersfand.aVteratianswhrcft f7ave.bbegyrrtc-rfsc-ratpd into "-cand-ro r- ' -rp-a .-I-r--st--rw-t re WtaP orri here is no r? -de-, --- rr#c-Ce-rs-ort-t-?-p--dhere in '£'riras, ty...35etr.z=.: 3t---,-ftae rr-- t-rds ,-1 - >-idence, tfaisPlahnin-gCdi--r's-, �d in-tiz-r- 7 - .5 '(-'--df '-tfje '14- o- tfie-f--- Cvde .o# Regulations. 1 upon the findings and conclusions set forth herein; this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 24037 Goldrush Drive (Lot 3; Tract No. 31977) Diarnonri Bar, California. -The parcel is..91,gross acres. It is ah irregularly shapE lot with a graded tiuildable pad. ,The project site does .Rot coritain any' RestrictE Use ;Areas, easements, or protected/preserved trees. (b) The project site is zoned Residential Planned Development, Minimum Lot Size 20,C Square Feet, 2 Units (RPD 2A,000 -2U). Its General Plan Land Use designatior Low Density Residential (RL -maximum 3 dwelling 6 nits, per acre)' PD -2A,000 -2U Zone surrounds the subject site. PMENT REVIEW (d) The application is a request to construct a two-story, single-family residence '\n porch, balconies/covered patio, and, dual two -car garages totaling approximaf 11,983 gross,square eet and a site retaining wall in areas of varyii ,topogr-hyithat varies in exposed height from 42 inches to a maxim! of ten feet ' (e) The design and layout of the proposed development is consistent with the GenE Plan, development standards of the applicable district, design guidelines, architectural criteria for specialized area (e.g., theme areas, specific pla community plans, boulevards, or p'lanned-devOOpments.), 2. The Planning Commission hereby determines that the project identified above in t Resolution is categorically exempt from the requirements of the California Environmer Quality Act of 1970 :(CEQA) and guidelines pt-omiu4gatedflsrw e#anders: Thiis^is:p__u; to'Se-flort 1'--(t3(-'alof.Artiele 19 . 'ofChapr---;--itle- of.tfie°: Qal pfam iaCode°=caf: Re. gear - 3. , :The Rip, nEng Cc>'mrrrission hereby speciffca(ly firrds jar-d-.deiermines tr .:;havirrg,cansidgred;the;°reco,rd as a whole in-tudi-rg tjr-.firrcfings-,;set fc below., -,an dvgl-angersfand.aVteratianswhrcft f7ave.bbegyrrtc-rfsc-ratpd into "-cand-ro r- ' -rp-a .-I-r--st--rw-t re WtaP orri here is no r? -de-, --- rr#c-Ce-rs-ort-t-?-p--dhere in '£'riras, ty...35etr.z=.: 3t---,-ftae rr-- t-rds ,-1 - >-idence, tfaisPlahnin-gCdi--r's-, �d in-tiz-r- 7 - .5 '(-'--df '-tfje '14- o- tfie-f--- Cvde .o# Regulations. 1 upon the findings and conclusions set forth herein; this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 24037 Goldrush Drive (Lot 3; Tract No. 31977) Diarnonri Bar, California. -The parcel is..91,gross acres. It is ah irregularly shapE lot with a graded tiuildable pad. ,The project site does .Rot coritain any' RestrictE Use ;Areas, easements, or protected/preserved trees. (b) The project site is zoned Residential Planned Development, Minimum Lot Size 20,C Square Feet, 2 Units (RPD 2A,000 -2U). Its General Plan Land Use designatior Low Density Residential (RL -maximum 3 dwelling 6 nits, per acre)' PD -2A,000 -2U Zone surrounds the subject site. PMENT REVIEW (d) The application is a request to construct a two-story, single-family residence '\n porch, balconies/covered patio, and, dual two -car garages totaling approximaf 11,983 gross,square eet and a site retaining wall in areas of varyii ,topogr-hyithat varies in exposed height from 42 inches to a maxim! of ten feet ' (e) The design and layout of the proposed development is consistent with the GenE Plan, development standards of the applicable district, design guidelines, architectural criteria for specialized area (e.g., theme areas, specific pla community plans, boulevards, or p'lanned-devOOpments.), City's General Plan. However, the proposed project complies with elements of the adopted General Plan of Jul 2-, 1995, which ha land use designation of tow Density Residential -(RL): The ro o,< structures comply with the City's General Ian objectives r strategies related to maintaining the integrity of residen neighborhoods and open sace. The proposed use is zoned single-family residence per Residential Piarined Develo mE Minimum Lot Size 20,-000 Square Feet -2 Units (RPD-20,000-2U).- RPD-20,000-2U .main mainstructure and its placement on the parcel confomf to the coverage, setback, and -height criteria of the Diamond I Development Code. The proposed design and layout is com ati with the eclectic architectural style; design, mat rials, and color,< existing homes within the surrounding area. There is no specific or additional community planned development fore site. f The design and layout of the proposed develo rrient 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 is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a single-family residence. The main structure and its place ent on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code. The proposed- design and layout is compatible with the eclectic architectural style, d sign; materials; and colors of existing homes within the surrounding area. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not° create traffic or pedestrian hazards. The project site is adequately served by Goldrush Drive and Hi hcresf Drive. These streets are designed to handle' i -he minimum traffic created by this type of development. The architectural design of the proposed development is compatible' with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General -Ptan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design I and palette are compatible with the architectural styfe of other ho mes within the tract and are consistent with the City's General Plan, Development Code, and Design Guidelines. The proposed project's architectural style is 3 ?diterranean. The project's architectural features include the ?diterranean. The project's architectural features include the perpendicular dual garages with hafif columns, the focal arches and °cc-I-rrins.sU PoW e aeClrand°two=stor .eoWllobb with large Windbws, =amd layer-#Yg layer—#Yof materials-arid finistres; v4 the main structure f, - eshrr,ca, analix stucco ; Inna cr©wrr molding atrefoils,.and winidowtreatments.af Vlr.mt rft- ite and beige, and &6saeimu1ti=1eve/s.ofiuoaflineaot. "W&Rastrat4 ht"MCA concrete e4o-dd-t-reartaR-o-tras, t. Ft-e--sir--,of'tfre-i ra osed.betrefo atent:-vifi--rovide a desirable s well as its -texture, and-color. Y` Y..99Y s"3 T a '—'P . "ek' —4 As rd/e-t-larraatiaJsobatard rs--cdecolors, materiG aiadle-, rresprapos-edaree, fteritar Cvftd cfistin horneswith (I TblDe-WO P. projeO derrir,neraCalaakfhe public hea safety, br v0etfare tsr rnat6riaftY irrjuriotis-' e!? :- Oe ative- affeet', re ---nxal-es '-or -r--- of--r-t_^fda trie properties H--- in ttt--icink-Ztlk.-,.m -tRU-ut•al -#an ch-, -t-r, err-ts ands in, -ions, soils reporl retrte-1 -da-raGva , iamdl-nA-be-ra -ent a-o'-Is are re uired -oc-s-, -t-o--TtTes--aro 'cr- vv--- en ar --to-t-ie finished pro wift, t--, -tr'r le--1 t--b- -. ea-; h-tY, or welfare, r--Y-oEts is in the vicin T-e -r airi irr the v-rt Faf-Iditu--ifi °r-nr-x&A - The parcels Goldrttsh Drive ei--ll-?-la,r-fhe-i rw-e'litido '-re terraced pa Thrs °ttadt and'thd al-r tradts s rrourralir-td-e?set-a, -ave terraced c.r-a-t rrs ij'h-.; -='-c, ".'than street /ei h(gh- -ah - the ; w, '-er-y; , Oan the eastE neigbbot. -runar, ing— c- g- et; the ro o� to P f n 0 �rft tri ta/ t t �4 Po- e e re I. n-'---)t-WS; 9-y-i-93-- I he.,prdposed ptojksct has eer- revioWe-iCi6MWWipliance with the rovisions of tfie Qaliforrxia- E-v-ron-neOtsl Q--i li ct- CEQA . The .environmental evaluation shows that the proposed project is Categorically Exem t' ursusnt to 'the. uideJinbs of the Califomi Environmental Qua It Actof 19a1J aEGA /3ectien f5303 a . (e.g:, location, shape-, size, surroundings-, to pography; or otl conditions), so that the strict application of the City's Develo m Code denies the property owner privileges enjoy ed by other propE owners in the vicinity and under identical zoning districts or creates unnecessary and non -self created, hardshi p or unreasona regulation which makes it obviously impractical t o require com liar ,,,,fth the development standards: The Variance request is to allow retaining w. 11 sections u t• maximum of ten 10 feet. The lot is . 91 acre and pac approximately, 72 acre. This is one of the larger uildable sites in t tract. The combination of size, shape,- and the v arying to o ra h the slope on the property are not typical of lots it thegenera! vicin In this case, the main structure could be appr ved with a minim west side setback of five (5) feet at the top o th slape. Though t is the minimum Development Code standard; sta ff recommends t the main structure shift the five (5) feet to the ast to allow the 10 feet larger setback larger setback at the top of the west s e. The secfior the retaining wall requested at ten (10) feet is ob scured by the m structure and will be viewed from the proposec -esidentiat structs and will not impact the ,neighboring views. T e landscaping approximately 71 feet front property line obscurE the eight feet sect of wall in the frontyard: The siting and placerr ent of the wall main structure with the: proposed Varlance ensu re that the propo� project blends into the terrain and does not domi rate the landform seen from lower elevations. Therefore, due to the combination of special circo rnstances applica to the property, the strict application of the Deve o ment Code to wall height denies the property owner privilegE s enjoyed by oto property owners in the vicinityand underidentic6 f zoning districts t creates an unnecessary and non -self created h6 rdship that make obviously impractical to require compliance w h the develo m, standards. I Granting the Variance is necessary for the reservation e enjoyment of substantial property rights possesse d by other propE owners in the same vicinity and zoning districts I and denied to 1 property owner for which the Variance is sought. I As stated above in Item (k), the granting of this V ariance is based the facts that the buildable pad area is establish d. - In this case, main structure could be approved with a minim m west side setb� of five 5 feet at the top of the slo e. Though his is the minim, Development Code standard, staff recommends that the' main structs shift the five (5) feet to the east to allow the ten (f0) feet larger setback the top of the west slope. The section of the retarhing°wvall .requested ?e .:-(1Q) feet. is obscured by the main strueture-and-willlre viewed *ami propo§ed-xesiderrtial structure >and >will=.not Impact --the fiaighban :views:: The landscaping and approxintately.7,1-fEetfrflrytpropetyMeobsdiirreftheeightfeetsection ofiwal4in=thheyfrant,- . yard --Flxe siting andpWcerr-ent of the wall and mal-atrereturef svitla. the-Zropo-edky-i-r---- s -e that the proposed, project 'bleniils irit— t-ai-r andtq/a--v--'arrrl-telhe IandituYn as seen from lower elevations. As -TA resul4--; Granting the Variance is necessary for the preservah a-nd--er-, -ent of-s-lbstantiat: property nghts"possessed by oti prope—csiarners'in: jhe sawate uicinity arrd zdriing, ct7stricts and denied ti'ae:prp.owge-°for wlrictt-the- liai•iarfceVs--sota'ght: (m) Gr-artfing the Varianee is consistent wifh the: General Plan and any x-N?f-eNspeeific;ptan. , As statedih Item (Ir), the proposed retaining wall consistent with -the. Plari and.coMslatent with specific strategies 1.2.4 and 2.2.1 of the-c/k--fe- -There is no spec in: Prppbsed entitlement would not be 'detrimental #o the public interest; fiealth;;sd-fety,-coryvenience; "Iftwe df the City: Before! theissuance of any City permits; the proposed project is required comply with all, conditiolrs -within the approved resolution and the Buildi and Safety Division,' Public Works Division, and F aepartffi6i,-iteguirements. FThe' referenced: agencies throu theperrnitarrdinspection process witl ensure that the proposed project is i dWir,gi?ritalato th'e. public. health; safety ar welfare or materially ihjuriv r-¢tlie properties or improvementsJO:the vicinity. ; (o) The-prppased project has been reviewed in compliance wi the provisions of the California Environmental Cfuality Act (CEQA): The environmental evaluation shows that the propos project is Categorically Exerttpt pursuant to the guidelines of the Califor Enviroftmental G?uality Act of 1970 (GEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning ' Commission hereby'approves this Apptieation subject to the following f conditions: Development Code standard, staff recommends that the' main structs shift the five (5) feet to the east to allow the ten (f0) feet larger setback the top of the west slope. The section of the retarhing°wvall .requested ?e .:-(1Q) feet. is obscured by the main strueture-and-willlre viewed *ami propo§ed-xesiderrtial structure >and >will=.not Impact --the fiaighban :views:: The landscaping and approxintately.7,1-fEetfrflrytpropetyMeobsdiirreftheeightfeetsection ofiwal4in=thheyfrant,- . yard --Flxe siting andpWcerr-ent of the wall and mal-atrereturef svitla. the-Zropo-edky-i-r---- s -e that the proposed, project 'bleniils irit— t-ai-r andtq/a--v--'arrrl-telhe IandituYn as seen from lower elevations. As -TA resul4--; Granting the Variance is necessary for the preservah a-nd--er-, -ent of-s-lbstantiat: property nghts"possessed by oti prope—csiarners'in: jhe sawate uicinity arrd zdriing, ct7stricts and denied ti'ae:prp.owge-°for wlrictt-the- liai•iarfceVs--sota'ght: (m) Gr-artfing the Varianee is consistent wifh the: General Plan and any x-N?f-eNspeeific;ptan. , As statedih Item (Ir), the proposed retaining wall consistent with -the. Plari and.coMslatent with specific strategies 1.2.4 and 2.2.1 of the-c/k--fe- -There is no spec in: Prppbsed entitlement would not be 'detrimental #o the public interest; fiealth;;sd-fety,-coryvenience; "Iftwe df the City: Before! theissuance of any City permits; the proposed project is required comply with all, conditiolrs -within the approved resolution and the Buildi and Safety Division,' Public Works Division, and F aepartffi6i,-iteguirements. FThe' referenced: agencies throu theperrnitarrdinspection process witl ensure that the proposed project is i dWir,gi?ritalato th'e. public. health; safety ar welfare or materially ihjuriv r-¢tlie properties or improvementsJO:the vicinity. ; (o) The-prppased project has been reviewed in compliance wi the provisions of the California Environmental Cfuality Act (CEQA): The environmental evaluation shows that the propos project is Categorically Exerttpt pursuant to the guidelines of the Califor Enviroftmental G?uality Act of 1970 (GEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning ' Commission hereby'approves this Apptieation subject to the following f conditions: (a) The project shall substantialty conform to site plan, floor plans, elevations and materials/colors board collectively labeled as Exhibit "A" dated October 22, 2002, as submitted to and approved by the Planning Commission and as amended herein. (b) Prior to any plan check or city permits, all -acant lots of Tract No. 319?7 shall be cleaned of existing debris to tke satisfaction of the City staff. (c) The subject site shall be maintained in a condition that is free of debris both during and after the constru'ption, addition, or implementation of the entitlement granted hereirp. 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 duty permitted waste contractor, who has been 'authorized by the " City to provide collection, transportation, and di,-posal of solid waste from residential, commercial, construction, and i dustrial areas within the City. It shall be the Applicant's obligation to insure that the waste contractor utilized has obtained permits from theCity of Diamond Bar to provide such services. i (d) Before construction begins, the Applicant sh I-II 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 re i oval. The Applicant shall provide temporary sanitation facilities while under construction: BLIC WORKS, (f) The Applicant shall submit a soils report I for the proposed improvements to be reviewed and approved by the Public Works Division prior to issuance of grading or retaining wall permits. The : soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (g) A grading and retaining wall plan shall be requii-ed. In accordance with the City's grading requirements, the grading plan. shall be reviewed and approved by the City before the issuance of a grading permit. On a grading plan the following shall be delineated: id f -ll quantities and earthwork calc-lations and export location; -, 2. All flow lines; finished surfaces, and finishled grades; drainage with detailed sketches, surface water- shall in away from the building at a 2a/o minimum slope; , Proposed and existing grad( 5: Sign/stamped by a civil engineer, geotechnical en ineer an geologist; 6:. Clearlyy deliheate affeasements(Lie ... Fkoocf Hazard Area a Recreation Easement 7:1 -Retaining vualls-shalf-not be constructed of wood or wo tlrbducat< 8. Retaining walls shall be required to be ornamental by usi stucco or decorative blo( 9: Bn iheered'catculatcaris-shalf;be submitted with retaining w� 0-Sta6dardis-,not, a rlicabl ° 1 - -n-te--afkle-fiotas-on r-a-ltri-,° lan'with stand( to r ;h-: r - i F7t—lft—la ^tatl b, 11. AH?.--ia ---'sf-It-- e. subject to' Development Co n- Sftti -310-,JAi- Emissions) -and Section 22.28 Nois 12. F-drbfogy( cul-t-kowin cam aacit -ofi. proposed draina If applicable, the AppliC,ant shall comply with Standard Urban Storm ater:f'iwlmPIdm#6gtuiil*entstotAh6satisfaction of the City Engil ne (i) Before the is submitted fc place for- inee of any City permits, erosion control plans shall be-, ie Cit ,coi The review and approval., Measures, shall be'in ruction started al erosion September 15, through April 15. itrol'planshall conform to Natior Elimination Pollutant Discharge (stertx (NRDES) ' stancfards, arid incorpor, s the st Management°Practices-(BfUIP's). Additionally, the appropiRat..hM.;..•V._...... a ........... :..:h16GIEC1.:..—.....:4....... e,. (j) Applicant shall verify that the projectsite is currently connected to the public sew, system and impacts on the sewage capacity as a result of the pfoposed structui shat4. be approved: , (k) Applicant shall submit an application to the Walnut Valley Water District as necessary,:, and submit their approval to'the Building and Safety Division prior to the issuance of btrilding permits. AND SAFETY 4uices as vi - II c-isexistirt draina e structures on site shall -be -d,-a' �d,-a'- r-eai b- Public-Warks'Division; E;milin Is^f at- t--rr--- ralfs hotdirrg a fill shall not exceed a t 'r-°-ui-ah- i-f-t i4-ttr-hes:; If applicable, the AppliC,ant shall comply with Standard Urban Storm ater:f'iwlmPIdm#6gtuiil*entstotAh6satisfaction of the City Engil ne (i) Before the is submitted fc place for- inee of any City permits, erosion control plans shall be-, ie Cit ,coi The review and approval., Measures, shall be'in ruction started al erosion September 15, through April 15. itrol'planshall conform to Natior Elimination Pollutant Discharge (stertx (NRDES) ' stancfards, arid incorpor, s the st Management°Practices-(BfUIP's). Additionally, the appropiRat..hM.;..•V._...... a ........... :..:h16GIEC1.:..—.....:4....... e,. (j) Applicant shall verify that the projectsite is currently connected to the public sew, system and impacts on the sewage capacity as a result of the pfoposed structui shat4. be approved: , (k) Applicant shall submit an application to the Walnut Valley Water District as necessary,:, and submit their approval to'the Building and Safety Division prior to the issuance of btrilding permits. AND SAFETY (1) 'Site, driveway grade, and house design shall be approved bythe Fire DepartmE The maximum slope is 150Ib per the Public Works Division. (m) The single-family structure shall meet the 2001 California Building Code, Califor Plumbing Code; California Mechanical Code, and California Electrical Cc requirements. inimum design wind pressure shall be 86 miles per hour and „C„ exposure. located in "Fire Zone 4" and shall meet the follo 'wing: reuirements of hat fire zone: I ' 1. All roof covering shall be "Fire Retardant,; Class A°; tile roo shall be fire stopped at the eaves to preclude entry of tl- flame or members under the firs 2. All enclosed under-floor areas shall be co Instructed as exteric wall 3. Allopenings into the attic, floor, and/or other enclosed aree shall be covered with corrosion-resistant wire mesh not le: than 1/4 inch nor more than 1/2 inch in any dimension exce where such openings are equipped with sash or doc 4. Chimneys shall haves ark arresters of maximum 1/2 inc screei Conservation Standards. Due to the sife's topography, Applicant shall, comply with special . design requirements asspecified in the California Building' Code; Section 18.4.3; building setback, top and toe of slopes: II sleeping rooms shall have windows that comply with egress e uirements. i II balconies shall be designed for 40 pound per square foot live load. Hand rails and guardrails shall be designed for 20-pound load applied laterally at the top of the rail. , Smoke detectors shall be provided in conformance with the 1998 California Building Code. Application shall provide window and door schedule for Building and afety clan check. ANNING DIVISION-,_ ► The front yard landscaping/irrigation shall be installed prior to th Planning ©ivi8rion'sfinaHns ection. Any, walls, gates, fountains; e thatma °be' ro -ed thin=ttrOfront°settTaekDsh'att not encroach ii street's dedieatedt"tim6nt'-dr-.exoedd;"a"'r4l'aXlr-um 42 inches hei l x The 4 single-family residence shall not be utilized in a manner tl creates adverse effects upon the neighborhood and environmer s6ttirn f fiho-£rbsMea#ial sit#4orlbVefs*-fTdust;= to%Wli ht,-.noise,"oc trotffrc,-r.o-rwf-r-%i-s"tot-°e --f-tial -ei hborhood and sh411 nbt result h si nificar,'tl advdr-e-f-dts'-bn ubiic,servic and resources. The siilgle-faniJy residence shall not be used. -ercfa-ti-uti-n-ti'-r oses;-or"otheiivise used as a separ d"ling >-TkeVr-erWe(-af-tt-efrused,-for regular gatherings Wh vuh re: result m a rit--;-ce?-r whi-ti--etra-f'---r-i parking problems in 1 The -Applicant strall.com tete andr6cor".1'„Covenant and A reem, to,Maintairr a Single Family Residence?"%- tla form to be provided the Caty: TM&covenant trrustbe cb-rr let--itd recorded with the Lo Angeles Caunt 's,sFteoordes Off'rce= ri4t6ithe issuance of a buildin permit* --s .-. z The Applicant shall comply with .the requirements' of the F Department and City Planning, Buildiff :and Sa:fet , and Public Wo Divisio as This rant- is valid for two 2 eart and shall 'be- exerci: i e., construction within that: period or this' rant shall expire. A of 1 year extension may be approvediwheri submitted to the Cit writing at least 60 days prior to the expiration date: The Plann Commission will consider the. eictensiorr..request at a duly notic public hearing in accordance with Chal:iWr =22:-2 of the Cit Diamond Bar Development Co, i I bb This grant shall not be effective for any purpose until the permiti and owner of the property involVed if other than the ermiftee h� ' filed, within fifteen 15 day& of a roval'of this grant, at the Cit Diamond Bar Community and Development Services De artmE their affidavit stating that ttre are aware and agree 1 o accept all 1 conditions of this grant. FurtheY; this grant shaftnot be effective u the permittee pays remaining City processingfe 10 (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 (b) Forthwith transmit a certified copy of this Resolution; by certified mail " to Goldrush Investment Group and Andrew King— 1595 S. McPherrin Avenue, Monterey Park, CA 91754. i PROVED AND ADOPTED THIS 22nd DAY OF OCTOBER 2002, BY THE PLANNING COMMISSION OF THE ITY OF DIAMOND BAR. Ruzi a, airman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced; passed, and adopted, at a regular meeting of the Planning Commission held oh the 22nd day of October 2002, by the following vote: \JES: Nolan, C/Ruzicka, Nelson, Tanaka, V/C Tye NOES: ABSENT: ABSTAIN: ATTEST: James De tefano, Secretary :