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HomeMy WebLinkAboutPC 2003-301 1 PLANNING COMMISSION RESOLUTION NO. 2003-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE Cl Y OF DIAMOND BAR APPROVING TREE PERMIT NO. 2003-04 AND CATEGORICAL EXEMPTION FOR THE REMOVAL AND REPLACEMENT OF 13 TREES. A REQUEST TO MITIGATE, THE REMOVAL OF 13 PROTECTED /PRESERVED CALIFORNIA BLACK WALNUT TREES WITHOUT A PERMIT. THE PROJECT SITE IS LOCATED AT 22149 RIM FIRE LANE (LOT 34, 'TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Palazzo Inc., have filed an a plicat Tree Permit No. 2003-04 and categorical exemption for a property I at 22149 Rim Fire Lane, Diamond Bar, Los Angeles Coun , Cal Hereinafter in this Resolution, Tree Permit and categorical ex mptic be referred to as the "Application." 2. On September 18, 2003, public hearing notices we mailer approximately 50 property owners within a 500 -foot radius of the pr site. On September 30, 2003, notice for this project was published it Inland Valley_ Bulletin and the San Gabriel Valley Tribune. Furthern on October 2, 2003, the project site was posted with a displ y board the public notice was posted in three public places. 3. On October 14, 2003, the Planning Commission of the City of Diam Bar conducted and concluded a duly noticed public hearing on Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Pian: Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts forth in the Recitals, Part A, of this Resolution are true and co rect. 2. The Planning Commission hereby finds that the project identified abor, this Resolution is categorically exempt pursuant to Section 1 308 of th for .ted ria. hall to sect the and the set N California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located within a gated community identified as "The Country Estates." On April 8, 2003, the Deputy City Manager approved Administrative Development Review No. 2003-01 and Minor Variance No. 2003-02, by Administrative Review Resolution No. 2003-04. Condition of approval 5 (nn) stated; before issuance of any city permits, applicant shall submit an arborist report identifying the tree species of the remaining tree stumps in order to identify the type of trees which were cut down. If the trees are protected trees, applicant shall apply for a tree permit. The arborist report indicated that there were 13 trees that qualified for protection. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC- (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surround the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application is a request to mitigate the removal of 13 protected/preserved trees without benefit of a tree permit. Pursuant to code section 22.38.130(b) residential parcels greater than 20,000 square feet shall be planted at a minimum 3:1 ratio. The lot 2 is approximately 1.03 gross acres and net area is 90 a res , therefore requiring applicant to replace with thirty-nihe Calif rnia Black Walnut trees. Tree Permit (it shall be necessary that one or more of the following findi otherwise the application shall be denied.) (1) The tree is so poorly formed due to stunted g preservation would not result in any substantial It community; (m) The tree interferes with utility services, or streets either within or outside of the subject property, and alternative exists other than removal or pruning of the is made, i thal its its to the highw ys, ,ason ble (s); (n) The tree is a potential public health and safety haza( due t l the risk of it falling and its structural instability cannot be re ediate ; (o) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (p) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (q) The tree belongs to a species -which is known to be a pyrophitc or highly flammable and has been identified as a public s fety hazard; and (r) Preservation of the tree is not feasible and would + property owner's reasonable use and enjoyment surrounding land and appropriate mitigation mE implemented in compliance with Section 29' Replacement/Relocation Standards The location of the tree stumps was in an area where t proposed to be located. The location of the trees interfered with the reasonable use and enjoyment of because a structure could not be erected otherwisE were still standing. Also, the trees were cut down v permit and should be relocated or replaced according ' of the Development Code. 3 promise propert. res will ,130 r e buildir would r the prop if the ti ithout a to 22.38, the or be ree g is 130 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) Prior to the issuance of any City permits associated with Resolution No. 2003-04, the applicant shall submit a landscape and irrigation plan reviewed by a certified arborist and a written report, concerning the methodology and feasibility of planting all 24 California Black Walnut trees on the project site for the review and approval of the City. (b) All replacement trees shall be California Black Walnut Trees. (c) If the site conditions preclude the long-term success of all or a portion of the replacement trees, the Commission shall require either or both of the following alternatives: 1. Planting replacement trees on public property or, 2. Monetary donation to a tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist's report. (d) Administrative Resolution No. 2003-04 shall remain in full force and effect. 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 Palazzo Inc, owner, at P.O. Box 5170, Diamond Bar, CA 91765 and applicant, An -Chi Lee, at 3740 Campus Dr. #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 14TH OF OCTOBER 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: — b4 0 Steven Tye, Chair an E 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 14th day of October 2003, by the following vote: AYES: Commissioners: 'V/C Nolan, Tanaka, Wei, Ch it Tye NOES: ABSENT: Commissioner Nelson ABSTAIN: ATTEST: � Jams DeStef no, Secretary 1 1 ta B PLANNING COMMISSION RESOLUTION NO. 2003-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI Y DIAMOND BAR APPROVING TREE PERMIT N0.2003-04 OF CATEGORICAL EXEMPTION FOR THE REPLACEMENT OF 13 TREE A REQUEST REMOVAL OF 13 PROTECTED /PRESERVED WALNUT TREES WITHOUT A PERMIT. TH LOCATED AT 22149 RIM FIRE LANE (LOT 3 E DIAMOND BAR, CALIFORNIA. , TRACT NO. 4 REMOVAL AND TO MITIGAI AND CALIFORNIA PROJECT I RECITALS. The property owner/applicant Palazzo Inc., have filed an fo Tree Permit No. 2003-04 and categorical exemption for a f at 22149 Rim Fire Lane, Diamond Bar, Los Angeles Coi Hereinafter in this Resolution, Tree Permit and categorical be referred to as the "Application." 2. On September 18, 2003, public hearing notices wer maile to approximately 50 property owners within a 500 -foot radius the project site. On September 30, 2003, notice for this project was pu ished i the Inland Valley Bulletin and the San Gabriel Valley Tribune. on urther ore, October 2, 2003, the project site was posted with a displ the board and public notice was posted in three public places. 3. On October 14, 2003, the Planning Commission of the Bar of Dianiond conducted and concluded a duly noticed public Application. on the RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all o the set forth in the Recitals, Part A, of this Resolution are true and co recl 2. The Planning Commission hereby finds that the project ids this Resolution is categorically exempt pursuant to Section 0 California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located within a gated community identified as "The Country Estates." On April 8, 2003, the Deputy City Manager approved Administrative Development Review No. 2003- 01 and Minor Variance No. 2003-02, by Administrative Review Resolution No. 2003-04. Condition of approval 5 (nn) stated; before issuance of any city permits, applicant shall submit an arborist report identifying the tree species of the remaining tree stumps in order to identify the type of trees which were cut down. If the trees are protected trees, applicant shall apply for a tree permit. The arborist report indicated that there were 13 trees that qualified for protection. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surround the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application is a request to mitigate the removal of 13 protected/preserved trees without benefit of a tree permit. Pursuant to code section 22.38.130(b) residential parcels greater than 20,000 square feet shall be planted at a minimum 3:1 ratio. The lot K is approximately 1.03 gross acres and net area is .90 therefore requiring applicant to replace with thirty-nihe Cal Black Walnut trees. Train Parm it (It shall be necessary that one or more of the following fi otherwise is the application shall be denied.) (1) The tree is so poorly formed due to stunted g preservation lar its would not result in any substantial t community, to (m) The tree interferes with utility services, or streets < either within or outside of the subject property, and alternative exists other than removal or pruning of the (n) The tree is a potential public health and safety ha risk of it due tol the falling and its structural instability cannot be )) The tree is a public nuisance by causing damage to (e.g., building foundation, staining walls, roadv atios, and decks); (p) The tree is host to an organism, which is para; species of tree that is in danger of being exterr parasite; ited byl the (q) The tree belongs to a species which is known to be highly iyrophit c flammable and has been identified as a public and or Pety hazard; )romis the (r) Preservation of the tree is not feasible and would i property or property owner's reasonable use and enjoyment ,es will be surrounding land and appropriate mitigation ms 130 ree implemented in compliance with Section 2: Replacement/Relocation Standards The location of the tree stumps was in an area where t ie buildir is proposed to be located. The location of the trees would t interfered with the reasonable use and enjoyment of the pror because a structure could not be erected otherwise if the t were still standing. Also, the trees were cut down v ithout a permit and should be relocated or replaced according to 22.38 13 of the Development Code 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) Prior to the issuance of any City permits associated with Resolution No. 2003-04, the applicant shall submit a landscape and irrigation plan reviewed by a certified arborist and a written report, concerning the methodology and feasibility of planting all 24 California Black Walnut trees on the project site for the review and approval of the City. (b) All replacement trees shall be California Black Walnut Trees. (c) If the site conditions preclude the long-term success of all or a portion of the replacement trees, the Commission shall require either or both of the following alternatives: 1. Planting replacement trees on public property or, 2. Monetary donation to a tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist's report. (d) Administrative Resolution No. 2003-04 shall remain in full force and effect. 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 Palazzo Inc, owner, at P.O. Box 5170, Diamond Bar, CA 91765 and applicant, An -Chi Lee, at 3740 Campus Dr. #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 14TH OF OCTOBER 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Q Steven Tye, Chair an 12 I, lames DeStefano, Planning Commission Secretary, do hereby ce ify that the foregoing Resolution was duly introduced, passed, and adopted by he Planing Commission of the City of Diamond Bar, at a regular meeting of he Planning Commission held on the 14th day of October 2003, by the following vote: AYES: Commissioners: V/C Nolan, Tanaka, Wei, Chair Tye NOES: ABSENT: Commissioner Nelson ABSTAIN: ATTEST: Jams DeStef no, Secretary