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HomeMy WebLinkAboutPC 2003-041 1 1 PLANNING COMMISSION RESOLUTION NO. 2003-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE 6 DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.2 MINOR CONDITIONAL USE PERMIT NO. 2002-05, MINOR VAR NO. 2002-09, TREE PERMIT NO. 2002-03 AND CATEGO EXEMPTION ALLOWING FOR THE CONSTRUCTION OF THREE-STORY SINGLE-FAMILY HOME CONTAINING AP MATELY 11,124 SQUARE FEET OF COMBINED GROSS F AREA (INCLUDING COVERED PORCHES, BALCONIES, P AND A 4 -CAR GARAGE), POOL/SPA, DETACHED GAZEBO FOOT .HIGH CHAIN LINK TENNIS COURT FENCING, EIGHT HIGH WITHIN THE REAR YARD AND REMOVAL OF FIVE M TREES THAT WILL BE REPLACED AT A 3:1 RATIO WITH MI 24 -INCH BOX TREE SPECIES. THE PROJECT SITE IS LOCAT 22909 RIDGELIKE ROAD (APN 8713-005-006), DIAMOND BA I. RECITALS 99 IANCE RICAL NEW ROXI- LOOR 4TIOS NINE FOOT TURE IMUM ED AT 3 CA. A. The property owner, Chuck and Loann Nguyen, and applicant, JN De and Associates, have filed an application to approve Development Re No, 2002-33, Minor Conditional Use Permit No. 2002-05, Minor Varig No. 2002-09, and Tree Permit No. 2002-03, for a prope locate 22909 Ridgeline Road, Diamond Bar, CA, in Los Angeles County, and pE the gated development identified as "The Country Estates," as describE the title of this Resolution. Hereinafter in this Resolution, the sut Development Review, Minor Conditional Use Permit, Minor V riance,.7 Permit and Categorical Exemption shall be referred to as the " pplicati B. On February 11, 2003, the Planning Commission of the City of Diamond conducted and concluded a duly noticed public hearing on the Applicat C. On .January 30, 2003, this Application was advertised in the San Gat Valley Tribune and the Inland Valley_, Daily Bulletin. On January 30, 2( every property owner within a 500 -foot radius of the subject property i sent a notice of the public hearing. A total of approximately 15 prop owners were notified. Also, a notice of public hearing display be measuring at least 4 foot by 6 foot was posted at the site, in qiddition i notice being posted at three public places for at least ten days prior to hearing. i� at of in rd a II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. W B. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of Title 14 of the California Code of Regulations. C. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the. findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project Proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. D. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: i . The project relates to a parcel at 22909 Ridgeline Road (APN 8713-005-006), Diamond Bar, CA, within the gated.community identified as "The Country Eifates." The subject site has approximately 62,726 square feet (1.44 acres) of gross lot area with a northerly descending natural slope. 2. The project site has a General Plan Land Use designation of Rural Residential (RR), and a consistent implementing zone of Single - Family Residence -Minimum Lot Size R-1 40,000. 3. Generally, the site is surrounded to the south, east and west with R-1 40,000 zoned property. Property to the north is zoned R-3 8,000. 4. The application is a request to construct a three-story single-family dwelling with a combined gross floor area of approximately 11,124 square feet (including porches, balconies, covered patios and a 4 -car garage). The development also includes a pool/spa, tennis court and detached gazebo. Additionally, the applicant requests approval of a 2 Minor Conditional Use Permit to allow for nine (9) folot high tennis court fencing, a Minor Variance to permit eight feet high reta ning walls, and a Tree Permit to remove and replace a protected tree species, one Juglans Caiifornica (walnut) and four Ou 1 rcus Agr folia (Coast Live Oak). E. 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 me sures: The design and layout of the proposed development is consistent the General Plan, development standards of the applicable dis design guidelines, and architectural criteria for specialized (e.g., theme areas, specific plans, community plans, b ulevard: planned developments). The project site is a vacant single-family residential estate pare land located in the developed "County Estates" On July 25, 1 the City adopted its General Plan, and the proposed prp bct com, with the General Plan land use goals, objectives and str 3tegies. project has been designed in accordance with the evelopt standards for the R-1 40,000 zone and the C'ty's HA Management Ordinance. 2. The design and layout of the proposed development will not inter with the use and enjoyment of neighboring existing or fu development, and will not create traffic or pedestrian hazards. The project site is a vacant single-family residential est to para land surrounded by existing residential development. e props project will compliment the development of the neighbo hood. 3. The architectural design of the proposed development i with the characteristics of the surrounding neighborh, maintain the harmonious, orderly and attractive c contemplated by Chapter 22.48, the General Plan, Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding in terms of mass and scale. Access to the propos obtained from a fully developed private street. 3 , or of re of d and Nill velopm nt ity Des gn velopmnt pro%c is 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Eclectic Spanish Mediterranean" design 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. 5. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental QualityAct of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). F. Minor Conditional Use Permit Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the Planning Commission finds; 1. 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 development is located within the City's R-1 40,000 zoning district, which allows for the development of single-family residences. Section 22.20.090 of the Diamond Bar Development Code allows the deviation from the required fence height limitations provided a Minor Conditional Use Permit is approved The project 4 The approximate 1.44 -acre site is adequate to accommodate proposed three story single- family residence, which is in compliai with the applicable Diamond Bar Development Code Standards. 7 new single-family home will be connected to the City's s wer syst and is being adequately served with the required wate and pul utilities. Approval of the Minor Conditional Use Permit would have impact on these services. 5. Granting the Minor Conditional Use Permit will not bedetrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvem nts int e vicinity and zoning district in which the property is located. The proposed slight increase in fence height will not bstant block the view or degrade the light and open space rea of easterly or westerly adjacent development. Additionally, given RI has been designed to meet or g exceed the applicable�develop ent standards set forth in the Diamond Bar Development Code. j Z The proposed use is consistent with the General Plan and any applicable specific pian. The project site is a vacant single-family residential estate parc 91 of - land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed pr lect 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 theCity's Hifi gide Management Ordinance. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and f uture land us s in the vicinity. The resulting 11,124 square foot three-story "Ecle tic Spa ish Mediterranean" designed single-family residence with tie swim ing pool/spa and tennis court is compatible with the surrounding and neighboring properties, which have been developed with homes of similar size, style and amenities. Additionally, app increased fence height will not block the view or degrade oval of the light the nd open space area of the adjacent development now or in the future. 4. The subject site is physically suitable for the type and der sity/inten 3fty of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absent of physical constraints. The approximate 1.44 -acre site is adequate to accommodate proposed three story single- family residence, which is in compliai with the applicable Diamond Bar Development Code Standards. 7 new single-family home will be connected to the City's s wer syst and is being adequately served with the required wate and pul utilities. Approval of the Minor Conditional Use Permit would have impact on these services. 5. Granting the Minor Conditional Use Permit will not bedetrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvem nts int e vicinity and zoning district in which the property is located. The proposed slight increase in fence height will not bstant block the view or degrade the light and open space rea of easterly or westerly adjacent development. Additionally, given RI property sloping topography, the nine -foot high tennis court fence would not compromise or diminish the intent of the Code to provide adequate buffering and screening of outdoor uses. Furthermore, the generally accepted and practiced standard (American Institute of Architects, Architectural Graphic Standards, 1 e Edition) of 10 feet for tennis court fencing will assist in preventing public and personal property damage from misguided hit balls. Therefore, the project will not have a negative impact on the public interest, health, safety or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). G. Minor Variance Pursuant to Section 22.52.040 of the Diamond Bar Development Code, the Planning Commission finds: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. Although the size and shape of this property is typical among those in the general vicinity, and the majority of the residentially zoned lots within the general vicinity are of a comparable size with sloping topography, strict application of the Code in this instance could prevent the site from being developed with a suitable site layout, which maximizes the functionality and efficiency of the building and property while providing for an enhanced appearance as other properties in the general vicinity currently enjoy. 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. 6 The granting of the Minor Variance would allow the applicant to the property in a reasonable manner, and would not LftfliZe result in a haphazard layout of land use, nor would it lend a haphazard qua 'ty or appearance to the surrounding area. Additionally, the prop sed development would not alter the existing established character c f the residential neighborhood. Other properties in the area have been designed with retaining walls to minimize the extent of gr6 ding activities to preserve the natural topography. 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. Due to the aforementioned physical characteristics of the lot and improvements, strict application of developmentstandar s in this case would place an undue hardship on the applicant to reasonably use the site in this manner. Furthermore, based on the exi ting development size, configuration and improvements, w ich create a unique physical characteristic as it relates to the Code r9quirem nts, the proposal is not contradictory to the intent of the orlinance, and would be appropriate for the intended use of the property. Also, the required conditions for screening the walls and Ian dsca ing the ei itire site will prevent potential negative impacts, and the inte t of the Code will still be satisfied 4. The proposed entitlement would not be detrimental the pulic interest, health, safety, convenience or welfare of the Oitv. 1 The proposed construction of the single-family residence to include retaining walls is a permitted use in the R-1 40,000 zone. Aso, adequate conditions have been imposed to ensure the placemer t of the residence and walls is not detrimental to the public interest, heiE lth, safety, convenience or welfare of the City. Additionally, the site is b ing adequately served with the required water, sanitation and public utilities. Approval of the Minor Variance would have no im acton these services. 5. The proposed project has been reviewed in compliace with provisions of the California Environmental Quality Act ( EQA). The environmental evaluation shows that the proposed projec is Categorically Exempt pursuant to the guidelines of the Califor iia Environmental Quality Act of 1970 (CEQA), Article 19, Section 15":03 Class 3 (a) (New Construction or Conversion of Small Structure). 7 H. Tree Permit Pursuant to Section 22.38.110of the Diamond Bar Development Code, the Planning Commission finds: 1. 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 amenities (e.g., building pad and tennis court) it is necessary to remove the existing five (one Walnut and four Live Oak) native 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. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: The project shall substantially conform to site plan, floor plans, elevations, concept landscape plan, grading plan and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on February 11, 2003, and as amended herein. 2. 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. 3. The applicant shall be required to submit a final landscapefirrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. The plan shall include a minimum of fifteen (15) 24 -inch box tree species from the protected/preserved species list of Sycamore, Oak, California Pepper, M. Walnut and/or Arroyo Willow. The plan shall also Ildelineat the remaining three trees — two walnut trees and one oak tree. All landscaping and irrigation shall be installed prior to thel issuanCE of a Certificate of Occupancy. 4. The remaining oak and walnut trees shall be delis ated on the grading plan. Said trees shall be protected pursuant to Development - Code Section 22.38.140 — Tree Protection Requirement. The protective chain link fencing shall be installed prior tot the issuance of any City permits. Said fencing shall remain until final inspection has occurred by the Planning Division. 5. Building Permits shall be obtained for the detached gazebo struc ure. 6. Maximum height of the residence shall not exceed 35 feet frorr the finish grade at any exterior wall of the structure to the highest poi it of the roofline. 7. The single-family residence shall not be utilized in a manner hat creates adverse effects upon the neighborhood and a vironm ntal setting as to levels of dust, glare/light, noise, odor, traffic, oro her similar types of disturbances. Nor shall the project be o erated s as to result in significantly adverse effects on public ervices nd resources. The single-family residence shall not a used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings wItich result in a nuisance or which create traffic and parking problems in the neighborhood. 8. The owners shall complete and record a "Covenant and Agreemer tto Maintain a Single Family Residence" on a form to be provided by he City. The covenant shall be completed and recorded with he Los Angeles County's Recorder's Office prior to the issuance c f a building permit. 9. The exposed faces of the retaining walls shall have a de c rativ to match the building design, and be heavily landscap d for aesthetics. 10. All construction activity shall be in conformity with the r quireme its and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 11. Before construction begins, the applicant shall instal temporary construction fencing pursuant to the Building and Safe y Divisio 's requirements along the project site's perimeter. This fencing s all remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under c nstructin. 9 12. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 13. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 14. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; b. All enclosed under -floor areas shall be constructed as exterior walls; C. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than t/4 inch nor more than 1/z inch in any dimension except where such openings are equipped with sash or door. 15. This single-family structure shall meet the State Energy Conservation Standards. 16. Retaining wall permits shall be obtained from the Engineering Department. 17. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 18. 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. 19. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 10 20. Drainage patterns and techniques shall be reviewed and approv d by the Public Works Division prior to any permit issuance; surface viater shall drain away from the building at a 2% minimum slope 21. Prior to the issuance of any City permits, the propose` constru tion plans shall be submitted to the Fire Department f r review and approval. 22. Applicant shall make application to the water purveyor s neces ary, and shall submit the evidence of their approval to the Plan ing Division prior to the issuance of building permits. 23. All utility service to the proposed project shall be instlied underground. 24. In accordance with the Department of Fish and Game S ection 711.4, 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. 25. This entitlement is valid for two (2) years and shall Do exerc sed (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 [Bast 60 clays prior to the expiration date. The Planning Commission may con ider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 26. This entitlement shall not be effective for any purp se 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 Developm nt Sery es Department, their affidavit stating that they are aware nd agre to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining Dity processing fees. J. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and n (2) Forthwith transmit a certified copy of this Resolution, by certified mail to Chuck and Loann Nguyen, 24144 Benfield Place, Diamond Bar, CA -- 91765, and JN Design and Associates, 10181 Westminister Avenue, Suite 218, Garden Grove, CA 92843 APPROVED AND ADOPTED THIS THE 11 TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. r'_ t By: oe Ruzic, C airman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of February 2003, by the following vote: AYES: V/C Tye, Tanaka, Nelson, Nolan, C/Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: James I eStefano, Secretary 12 PLANNING COMMISSION RESOLUTION NO. 2003-04 A RESOLUTION OFTHE PLANNING COMMISSION OFTHE C DIAMOND BAR rY OF )2 - APPROVING DEVELOPMENT REVIEW NO. 2( 33, 4NCE - MINOR CONDITIONAL USE PERMIT NO. 2002-05, MINOR VAR N0.2002-09, IICAL TREE PERMIT N0.2002-03 AND CATEGO EXEMPTION NEW ALLOWING FOR THE CONSTRUCTION OF A THREE-iOXI.00R STORY SINGLE-FAMILY HOME CONTAINING APP MATELY TIOS NINE 11,124 SQUARE FEET OF COMBINED GROSS F AREA _OOT (INCLUDING COVERED PORCHES, BALCONIES, P— AND A •URE MUM 4 -CAR GARAGE), POOUSPA, DETACHED GAZEBO, FOOT .D AT CA. HIGH CHAIN LINK TENNIS COURT FENCING, EIGHT. HIGH J De ign WITHIN THE REAR YARD AND REMOVAL OF FIVE MA ,N Re Re ie t iew TREES THAT WILL BE REPLACED AT A 3:1 RATIO WITH ice MIN 24 -INCH BOX TREE SPECIES. THE PROJECT SITE IS locate at , LOCAT 22909 RIDGELINE ROAD (APN 8713-005-006), and pa of iescribe in I. RECITALS A. The property owner, Chuck and Loann Nguyen, and applicar and Associates, have filed an application to approve Develop No. 2002-33, Minor Conditional Use Permit No. 2002-05, Mi No. 2002-09, and Tree Permit No. 2002-03, for a propert 22909 Ridgeline Road, Diamond Bar, CA, in Los Angeles Count the gated development identified as "The Country Estates," as the title of this Resolution. Hereinafter in this Resolution, Development Review, Minor Conditional Use Permit, Minor VE Permit and Categorical Exemption shall be referred to as the ° B. On February 11, 2003, the Planning Commission of the City of conducted and concluded a duly noticed public hearing on the C. On January 30, 2003, this Application was advertised in the y 30, 20)3, Valley Tribune and the Inland Valley Daily Bulletin. On Janua every roperty as property owner within a 500 -foot radius of the subject r sent a 15 prop rty notice of the public hearing. A total of approximately owners play bo rd were notified. Also, a notice of public hearing di measuring at ddition t a least 4 foot by 6 foot was posted at the site, in i notice being prior to he posted at three public places for at least ten days hearing. II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. B. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of Title 14 of the California Code of Regulations. C. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5- (d) of Title 14 of the California Code of Regulations. D. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: The project relates to a parcel at 22909 Ridgeline Road (APN 8713- 005-006), Diamond Bar, CA, within the gated community identified as "The Country Estates." The subject site has approximately 62,726 square feet (1.44 acres) of gross lot area with a northerly descending natural slope: 2. The project site has a General Plan Land Use designation of Rural Residential (RR), and a consistent implementing zone of SingleFamily Residence -Minimum Lot Size R-1 40,000. 3. Generally, the site is surrounded to the south, east and west with R-1 40,000 zoned property. Property to the north is zoned R-3 8,000. 4. The application is a request to construct a three-story single-family dwelling with a combined gross floor area of approximately 11,124 square feet (including porches; balconies, covered patios and a 4 - car garage). The development also includes a pool/spa, tennis court and detached gazebo. Additionally, the applicant requests K Minor Conditional Use Permit to allow for nine (9) fo,bt high court fencing, a Minor Variance to permit eight feet high re walls, and a Tree Permit to remove and replace a protects species, one Juglans Californica (walnut) and four Ou - rcus A (Coast Live Oak). nin 9 E. Development Review In accordance with Section 22.48.040 (Findings and Decision) the Diamond Bar Development Code, the Planning Commission finds the tifollowing findings have been justified and upheld in the affirmative be of the recommended conditions of approval regarding operating proce site and building improvements and on and off-site safety The design and layout of the proposed development is the General Plan, development standards of the apr design guidelines, and architectural criteria for sp (e.g., theme areas, specific plans, community plans, o planned developments). The project site is a vacant single-family residential es ate parc o land located in the developed "County Estates".- On July 25, 1 the City adopted its General Plan, and the proposed pro'ect com, with the General Plan land use goals, objectives and strategies. project has been designed in accordance with the evelopt standards for the R-1 40,000 zone and the C'ty's Hil- Management Ordinance. 2. The design and layout of the proposed development will) not it with the use and enjoyment of neighboring ex istirjg or development, r and will not create traffic or pedestrian h-zarde The project site is a vacant single-family residential a o land surrounded by existing residential development. project will compliment the development of the neiqh 3. The architectural design of the proposed development i compa with the characteristics of the surrounding neighborhood and maintain the harmonious, orderly and attractive evelopr contemplated by Chapter 22.48, the General Plan, ity De Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding in terms of mass and scale. Access to the propos obtained is from a fully developed private street. 4. The design of the proposed development will provide a desirable environment for it: occupants and visiting public, as well as its neighbors, through good aesthetic us( of materials, texture, and color , that will remain aesthetically appealing. The "Eclectic Spanish Mediterranean" design 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. 5. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health,- safety ealth,safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental QualityAct of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small F. Minor Conditional Use Permit Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the Planning Commission finds: 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 development is located within the City's R-1 40,000 zoning district, which allows for the development of single-family residences. Section 22.20.090 of the Diamond Bar Development Code allows the deviation from the required fence height limitations provided a Minor Conditional Use Permit is approved. The project E has been designed to meet & exceed the applicable standards set forth in the Diamond Bar Development ( 2. The proposed use is consistent with the General F applicable specific plan The project site is a vacant single-family residential e - land located in the developed "County Estates"., On. the City adopted its General Plan, and the proposed pr with the General Plan land use goals, objectives and s project has been designed in accordance with the standards for the R-1 40,000 zone and the Management Ordinance. and any par I of 25 istics of th 3. The design, location, size and operating charas The approximate 1.44 -acre site is adequate to acco mod - proposed three story single- family residence, which is i coml with the applicable Diamond Bar Development Code standard new single-family home will be connected to the City's s wer. and is being adequately served with the required water and utilities. Approval of the Minor Conditional Use Permit w uld h, impact on these services. proposed use are compatible with the existing and future land us s in the vicinity. The resulting 11,124 square foot three-story "Ecle ctic Spa is Mediterranean" designed single-family residence with t le swim in ooUs a and tennis court is compatible with the sui undin n neighboring ro erties, which have been develo e "th hom o similar size, style and amenities. Additionally, ap increased fence height will not block the view or degrac roval o the fi h th an open space area of the adjacent development now or the futb e. 4. The subject site is physically suitable for the type and dE sit /inten it of use beingproposed includingaccess rovisio of utili s r constraints. The approximate 1.44 -acre site is adequate to acco mod - proposed three story single- family residence, which is i coml with the applicable Diamond Bar Development Code standard new single-family home will be connected to the City's s wer. and is being adequately served with the required water and utilities. Approval of the Minor Conditional Use Permit w uld h, impact on these services. 5. Granting the Minor Conditional Use Permit will not be detriment; the public interest, health, safety, convenience or welfare materially injurious to persons, property or improvem nts in vicinity and zoning district in which the property is located. The proposed slight increase in fence height will not bstant block the view or degrade the light and open spaceirea of easterly or westerly adjacent development Additional/-, given 5 property sloping topography, the nine -foot high tennis court fence would not compromise or diminish the intent of the Code to provide adequate buffering and screening of outdoor uses. Furthermore, the generally accepted and practiced standard (American Institute of Architects, Architectural Graphic Standards, 10'" Edition) of 10 feet for tennis court fencing will assist in preventing public and personal property damage from misguided hit balls. Therefore, the project will _ not have a negative impact on the public interest, health, safety or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental QualityActof 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). G. Minor Variance Pursuant to Section 22.52.040 of the Diamond Bar Development Code, the Planning Commission finds: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. Although the size and shape of this property is typical among those in the general vicinity, and the majority of the residentially zoned lots within the general vicinity are of a comparable size with sloping topography, strict application of the Code in this instance could prevent the site from being developed with a suitable site layout, which maximizes the functionality and efficiency of the building and property while providing for an enhanced appearance as other properties in the general vicinity currently enjoy. 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. R The granting of the Minor Variance would allow the applicant to i the property in a reasonable manner, and would not result haphazard layout of land use, nor would it lend a haphazard qua appearance to the surrounding area. Additionally, o he prop development would not alter the existing established c aracter c residential neighborhood. Other properties in the area have designed with retaining walls to minimize th the extent of gre - activities to preserve the natural topography. 3. Granting the Minor Variance is consistent with the General Plan any applicable specific plan. Due to the aforementioned physical characteristics f the lot improvements, strict application ofdevelopment standar s in this, would place an undue hardship on the applicant to re sonably the site in this manner. Furthermore, based on the exi; development size, configuration and improvements, w ich crez unique physical characteristic as it relates to the Code quirems a the proposal is not contradictory to the intent of the o finance, would be appropriate for the intended use of the property. Also, required conditions forscreening the walls and landsca ing the e the site will prevent potential negative impacts, and the inte t of the C will still be satisfied. 4. The proposed entitlement would not be detrimental the PL interest, health, safety, convenience or welfare of the itv. The proposed construction of the single-family residence to it retaining walls is a permitted use in the R-1 40,000 one. adequate conditions have been imposed to ensure the lacem o the residence and walls is not detrimental to the public int rest, h safety, convenience or welfare of the City. Additionally, the site is adequately served with the required water, sanitation and 1 utilities. Approval of the Minor Variance would have no im act on services. 5. The proposed project has been reviewed in complia ce with provisions of the California Environmental Quality Act ( EQA). The environmental evaluation shows that the proposed proje Categorically Exempt pursuant to the guidelines of the Califc is Environmental QualityAct of 1970 (CEQA), Article 19, Section I- Class 3 (a) (New Construction or Conversion of Small Structure 7 H. Tree Permit Pursuant to Section 22.38.110of the Diamond Bar Development Code, the Planning Commission finds: 1. 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 amenities (e.g., building pad and tennis court) it is necessary to remove the existing five (one Walnut and four Live Oak) native 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. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 1. The project shall substantially conform to site plan, floor plans, elevations, concept landscape plan, grading plan and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on February 11, 2003, and as amended herein. 2. 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. 3. The applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. The plan shall include a minimum of fifteen (15) 24 -inch box tree species from the protected/preserved species list of Sycamore, Nalnut and/or Arroyo Willow. The plan shall also I-delineat the remaining three trees - two walnut trees and one oak tree. All landscaping and irrigation shall be installed prior to thel issuanc of a Certificate of Occupancy. 4. The remaining oak and walnut trees shall be delineated o the grading plan. Said trees shall be protected pursuant to Develop ent - Code Section 22.38.140 - Tree Protection Requirement. The protective chain link fencing shall be installed prior to the issuance of any City permits. Said fencing shall remain 5. Building Permits shall be obtained for the detached 6. Maximum height of the residence shall not exceed 35 feet fro the finish grade at any exterior wall of the structure to the hi hest poi t of the roofline. 7. The single-family residence shall not be utilized in a manner hat creates adverse effects upon the neighborhood and e vironm ntal setting as to levels of dust, glare/light, noise, odor, traffic, or o :her similar types of disturbances. Nor shall the project be o erated s as to result in significantly adverse effects on public services and resources. The single-family residence shall not e used for commercial/institutional purposes, or otherwise used a a sepa ate dwelling. The property shall not be used for regular gat erings w ich result in a nuisance or which create traffic and parking pr blems in the neighborhood. 8. The owners shall complete and record a "Covenant and greeme t to Maintain a Single Family Residence" on a form to be pr vided by he City. The covenant shall be completed and recorded with he Los Angeles County's Recorder's Office prior to the issuance f a building permit. 9. The exposed faces of the retaining walls shall have a decbrativ to match the building design, and be heavily landscap-d for aesthetics. 10. All construction activity shall be in conformity with the r-quirems and limitations of the City of Diamond Bar Municip I Code implemented by the Building and Safety Division. 11. Before construction begins, the applicant shall inst; construction fencing pursuant to the Building and Sat requirements along the project site's perimeter. This remain until the Building Official approves its removal. " shall provide temporary sanitation facilities while under 9 12. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 13. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 14. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; b. All enclosed under -floor areas shall be constructed as exterior walls; c. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door: 15. This single-family structure shall meet the State Energy Conservation Standards. 16. Retaining wall permits shall be obtained from the Engineering Department. 17. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 18. 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. 19. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Besi Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. I w. ur air iaye Dauer r i5 ar iu Lecr it nque5 5r iaii rye i evieweu ai iu aper uv u L)y the Public Works Division prior to any permit issuance; 'isurface ater shall drain away from the building at a 2% minimum slbpe 21. Prior to the issuance of any City permits, the proposeqi constru tion plans shall be submitted to the Fire Department fo-r review and - approval. 22. Applicant shall make application to the water purveyor ' s neces ary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. 23. All utility service to the proposed project shall be inst Iled underground. 24. In accordance with the Department of Fish and Game ection 711.4, the applicant shall remit to the City, within five days f this gr nt's approval, a cashier's check of $25.00 for a documentary handlin fee in connection with Fish and Game Code reciuirements. 25. This entitlement is valid for two (2) years and shall e exer (i.e., construction shall commence) within that period or entitlement shall automatically expire. A one (1) year e ensior be approved when submitted to the City in writing at least 60 prior to the expiration date. The Planning Commission ay con the extension request at a duly noticed public hearing i accord with Chapter 22.72 of the City of Diamond Bar Development C 26. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if of er than the permittee) have filed, within fifteen (15) days of the app oval dat , at the City of Diamond Bar Community and Developm nt 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 re aining ity processing fees. J. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and 11 (2) Forthwith transmit a certified copy of this Resolution, by certified mail to Chuck and Loann Nguyen, 24144 Benfield Place, Diamond Bar, CA 91765, and JN Design and Associates, 10181 Westminister Avenue, Suite 218, Garden Grove, CA 92843 APPROVED AND ADOPTED THIS THE 111' DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. t By: oe Ruzic , C airman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11... day of February 2003, by the following vote: AYES: V/C Tye, Tanaka, Nelson, Nolan, C/Ruzicka NOES: ABSENT: ABSTAIN: 1 ATTEST: t) James estefano, Secretary 1