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HomeMy WebLinkAboutPC 2002-421 1 U B. PLANNING COMMISSION RESOLUTION NO. 2002-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAM ND BAR APPROVING TREE PERMIT NO. 2000-01 (1), A REQUESTTO MODIFY HE PREVIOUSLY APPROVED TREE PERMIT NO. 2000-01 BY PERMITTING HE REMOVAL AND REPLACEMENT OF A PRESERVED/PROTECTED WAL UT TREE CONSITING OF NINE (9) TRUNKS. THE PROJECT SITE IS LOCATE AT 2515 CROW FOOT LANE, DIAMOND BAR, CALIFORNIA RECITALS The property Owners/Applicants, Mark and Tara Kuo, have requestE approval of Tree Permit No. 2000-01(1), for a property located at 2515 Foot Lane, Diamond Bar, Los Angeles County, California and part c gated development identified as The Country Estates, as described i title of this Resolution. Hereinafter in this Resolution, the subject Tree P shall be referred to as the "Revised Application." 2. On June 27, 2000, the City of Diamond Bar Planning Commission condu a duly noticed public hearing on Development Review No. 2000-06, Vari, No. 2000-04, Minor Variance, 2000-09, Tree Permit No. 2000-01, Negative Declaration No. 2000-03, a request to construct a two-story, sir family residence of approximately 11,427 square feet with baserr balconies, porch, and six -car garages. Additionally, the request includ Tree Permit and accessory structures: tennis court, swimming pool/spa gazebo and approved such per Planning Commission Resole No. 2000-10. an the the 'Mit nd le- a 3. October 23, 2002, 47 property owners within a 500 -foot radius of the pro ect site were notified by mail. On October 25, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune And Inland Valley Daily Bulletin newspapers. On November 1, 2002, a notice of public hearing on a display board was posted at the site and displayed f r at least 10 days before the public hearing and three other sites were pos ed within the vicinity of the Revised Application. 4. On November 12, 2002, the City of Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Revi ed Application. The Revised Application was completed on 2002. RESOLUTION November h 2, NOW, THEREFORE, it is found, determined and resolved by the Plann ng Commission of the City of Diamond Bar as follows: 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. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162(a) the City has determined that this project is consistent with the previously adopted Negative Declaration No. 2000-03. Further review is not required. 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 Revised 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The Revised Application relates to a previously approved Development Review No. 2000-06, Variance No. 2000-04, Minor Variance, 2000-09, Tree Permit No. 2000-01, and Negative Declaration No. 2000-03. This approval was for a two-story, single- family residence of approximately 11,427 square feet with basement, balconies, porch, and six -car garages. The request included a Tree Permit and accessory structures: tennis court, swimming pool/spa and gazebo on a vacant Lot 62 of Tract No. 30577 at 2515 Crow Foot Lane. The project site is approximately 1.39 gross acres and 1.24 net acres. It is shaped irregularly, wide at the rear and sloping downward to the street. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R-1- 40,000. (c) Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-40,000 Zone. (d) The Revised Application is a request to modify the previously approved Tree Permit No. 2000-01 by permitting the removal and replacement of a preserved/protected walnut tree consisting of nine (9) trunks all having a diameter more than 8 inches at breast height. (e) Preservation of the existing walnut tree is not feasible and would compromise the property owner's reasonable use and enjoyment of 2 1 1 1 property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 ( ree Rep lacement/Relocation Standards). The applicant submitted that removal of an additional walnut tree ith nine (9) trunks behind the subject structure due to drought stress and parasite damage is necessary. The subject tree's dry branches pose a fire hazard. To maintain this tree would compromise the property owner's reasonable use and enjoyment of the property. They request approval to remove and replace the tree according to Section 22.38.130. Replacement for this tree is at a 3:1 ratio, a total of three trees. The replacement trees are required to be 24 inch box and a native spe ies chosen from: Sycamore, Arroyo Willow and/or Oak. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Revised Application subject to the following conditions: (a) Planning Commission Resolution No. 2000-10 shall remain ir full force and effect except as amended herein. (b) Condition 5(e) of Planning Commission Resolution No. 2000-10hall include the following: (i) Tree Permit No. 2000-01(1) is approved for the removal of additional walnut tree consisting of nine (9) trunks in the yard next to the main structure. (ii) Replacement for the removal of this walnut tree shall be replacement value 3:1 ratio, a total of three trees. replacement trees are required to be 24 inch box and a ni species chosen from Sycamore, Arroyo Willow, and/or OE an off-site location determined by the City. one rear at a The hive .k, at (iii) The Owners/Applicants shall forwarded to the City of Diamond Bar by December 2, 2002, the sum of $570 (3 X $190) for the purchase and planting of said replacement trees as noted above. (c) The permanent Certificate of Occupancy shall not be issued until fees as described in condition 5(b)(iii) of this Resolution are paid t the City. (d) 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 approved when submitted to the City in 3 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. (e) 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 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. (f) 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 Mark and Tara Kuo, P. O. Box 5406, Diamond Bar, CA, 91765. APPROVED AND ADOPTED THIS 121h DAY OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. r By: Joe Ruzick SCh irman 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 121h day of November 2002, by the following vote: AYES: V/C Tye, Nelson, Nolan, Tanaka, C/Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: Jamai DeStefan , Secretary 4 PLANNING COMMISSION A. RECITALS The property Owners/Applicants, Mark and Tara Kuo, have requeste an approval of Tree Permit No. 2000-01(1), for a property located at 2515 row Foot Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as The Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Permit shall be referred to as the "Revised Application." 2. On June 27, 2000, the City of Diamond Bar Planning Commission conducted a duly noticed public hearing on Development Review No. 2000-06, Variance No. 2000-04, Minor Variance, 2000-09, Tree Permit No. 2000-01, and Negative Declaration No. 2000-03, a request to construct a two-story, singlefamily residence of approximately 11,427 square feet with basement, balconies, porch, and six -car garages. Additionally, the request included a Tree Permit and accessory structures: tennis court, swimming pool/spa nd gazebo and approved such per Planning Commission Resolu ion No. 2000- 10. 3. October 23, 2002, 47 property owners within a 500 -foot radius of the pro ect site were notified by mail. On October 25, 2002, notification of the pu Ac hearing for this project was made in the San Gabriel Valley Tribune nd Inland Valley Daily Bulletin newspapers. On November 1, 2002, a notice of public hearing on a display board was posted at the site and displayed f o, at least 10 days before the public hearing and three other sites were pos ed within the vicinity of the Revised Application. 4. On November 12, 2002, the City of Diamond Bar Planning Commiss on conducted and concluded a duly noticed public hearing on the Revi ed Application. The Revised Application was completed on November 2, 2002. ESOLUTION NO. 2002-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMO ND BAR APPROVING TREE PERMIT NO. 2000-01(l), A REQUESTTO MODIFY HE PREVIOUSLY APPROVED TREE PERMIT NO. 2000-01 BY PERMITTING HE A. RECITALS The property Owners/Applicants, Mark and Tara Kuo, have requeste an approval of Tree Permit No. 2000-01(1), for a property located at 2515 row Foot Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as The Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tree Permit shall be referred to as the "Revised Application." 2. On June 27, 2000, the City of Diamond Bar Planning Commission conducted a duly noticed public hearing on Development Review No. 2000-06, Variance No. 2000-04, Minor Variance, 2000-09, Tree Permit No. 2000-01, and Negative Declaration No. 2000-03, a request to construct a two-story, singlefamily residence of approximately 11,427 square feet with basement, balconies, porch, and six -car garages. Additionally, the request included a Tree Permit and accessory structures: tennis court, swimming pool/spa nd gazebo and approved such per Planning Commission Resolu ion No. 2000- 10. 3. October 23, 2002, 47 property owners within a 500 -foot radius of the pro ect site were notified by mail. On October 25, 2002, notification of the pu Ac hearing for this project was made in the San Gabriel Valley Tribune nd Inland Valley Daily Bulletin newspapers. On November 1, 2002, a notice of public hearing on a display board was posted at the site and displayed f o, at least 10 days before the public hearing and three other sites were pos ed within the vicinity of the Revised Application. 4. On November 12, 2002, the City of Diamond Bar Planning Commiss on conducted and concluded a duly noticed public hearing on the Revi ed Application. The Revised Application was completed on November 2, 2002. RESOLUTION OW, THEREFORE, it is found, determined and resolved by the Commission of the City 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. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162(a) the City has determined that this project is consistent with the previously adopted Negative Declaration No. 2000-03. Further review is not required. 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 Revised 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The Revised Application relates to a previously approved Development Review No. 2000-06, Variance No. 2000-04, Minor Variance, 2000- 09, Tree Permit No. 2000-01, and Negative Declaration No. 2000- 03. This approval was for a two-story, singlefamily residence of approximately 11,427 square feet with basement, balconies, porch, and six -car garages. The request included a Tree Permit and accessory structures: tennis court, swimming pool/spa and gazebo on a vacant Lot 62 of Tract No. 30577 at 2515 Crow Foot Lane. The project site is approximately 1.39 gross acres and 1.24 net acres. It is shaped irregularly, wide at the rear and sloping downward to the street. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R- 140,000. (c) Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-40,000 Zone. (d) The Revised Application is a request to modify the previously approved Tree Permit No. 2000-01 by permitting the removal and replacement of a preserved/protected walnut tree consisting of nine (9) trunks all having a diameter more than 8 inches at breast height. (e) Preservation of the existing walnut tree is not feasible and would compromise the property owner's reasonable use and enjoyment of K property or surrounding land and appropriate mitigation measure will be implemented in compliance with Section 22.38.130 ( ree Replacement/Relocation Standards). The applicant submitted that removal of an additional walnut tree ith nine (9) trunks behind the subject structure due to drought stress and parasite damage is necessary. The subject tree's dry branches p se a fire hazard. To maintain this tree would compromise the prop rty owner's reasonable use and enjoyment of the property. They req est approval to remove and replace the tree according to Section 22.38.130. Replacement for this tree is at a 3:1 ratio, a total of three trees. replacement trees are required to be 24 inch box and a native sp chosen from: Sycamore, Arroyo Willow and/or Oak. Based upon the findings and conclusion set forth above, the Plan ing Commission hereby approves this Revised Application subject to the following conditions: (a) Planning Commission Resolution No. 2000-10 shall remain i full force and effect except as amended herein. b) Condition 5(e) of Planning Commission Resolution No. 2000-10 include the following: (i) Tree Permit No. 2000-01(1) is approved for the removal o one additional walnut tree consisting of nine (9) trunks in the rear yard next to the main structure. (ii) Replacement for the removal of this walnut tree shall be at a replacement value 3:1 ratio, a total of three trees. The replacement trees are required to be 24 inch box and a n tive species chosen from Sycamore, Arroyo Willow, and/or O k, at an off-site location determined by the City. (iii) The Owners/Applicants shall forwarded to the City of Dia and Bar by December 2, 2002, the sum of $570 (3 X $190) for the purchase and planting of said replacement trees as oted above. (c) The permanent Certificate of Occupancy shall not be issued until fees as described in condition 5(b)(iii) of this Resolution are paid t the City. (d) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. one (1) year extension may be approved when submitted to the C ty in 3 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. (e) 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 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. (f) 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 Mark and Tara Kuo, P. O. Box 5406, Diamond Bar, CA, 91765. APPROVED AND ADOPTED THIS 12t" DAY OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. . r, . By, Joe Ruzick -h irman 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 on the 12"' day of November 2002, by the following vote: AYES: V/C Tye, Nelson, Nolan, Tanaka, C/Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: 1 1,1. U'- Jame49 DeStefan6, Sec'retary