Loading...
HomeMy WebLinkAboutPC 2004-092. On January 28, 2004, public hearing notices were mailed to approximately 73 property owners within a 500 -foot radius of the oroject site. On January 28, 2004, the project site was posted with a display board and the public notice was posted in three public places. On January 30, 2004, notification of the public hearing for this project was pr vided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin' n wspapers. 3. On February 10, 2004, the Planning Commission of thl Ci of Diamond Bar conducted and concluded a duly noticed public hearin3 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. This Planning Commission hereby specifically finds that %,11 of the facts set forth in the Recitals, Part A, of this Resolution are true'ancorrect. PLANNING COMMISSION RESOLUTION NO. 2004-09 A RESOLUTION OF THE PLANNING COMMISSION OF'T E CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW' NO. 2004-02, MINOR VARIANCE NO. 2003-14, TREE PERMIT NO. 2003-09 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTAUT A TWO- STORY SINGLE FAMILY RESIDENCE WITH A BASEMEN SIX CAR GARAGE, BALCONIES, PATIO AND FRONT PORCH TO ALING TO APPROXIMATELY 9,397 SQUARE FEET. THE REQU ST ALSO INCLUDES THE FOLLOWING: REAR, SIDE, AND OR NT YARD RETAINING WALLS; A 20 PERCENT REDUCTION IN THE 3EQUIRED 30 FOOT FRONT YARD SETBACK; AND THEA 3EMOVAL1 REPLACEMENT/PROTECTION OF OAK, WALNUT AND P6F ER TREES. THE PROJECT SITE IS LOCATED AT 22607 RI DGELINE O D (LOT 21, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Mr. An Chi Lin 1, has filed an Development Review No. 2004-02, Minor Variance 2003- application for 4 and Tree Permit No. 2003-09 and categorical exemption for a pro erty located at 22607 Ridgeline Road, Diamond Bar, Los Angele� county, California. Hereinafter in this Resolution, the subject DevelopFnnt Review, Minor Variance, Tree Permit and categorical exemption shall b referred to as the "Application." 2. On January 28, 2004, public hearing notices were mailed to approximately 73 property owners within a 500 -foot radius of the oroject site. On January 28, 2004, the project site was posted with a display board and the public notice was posted in three public places. On January 30, 2004, notification of the public hearing for this project was pr vided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin' n wspapers. 3. On February 10, 2004, the Planning Commission of thl Ci of Diamond Bar conducted and concluded a duly noticed public hearin3 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. This Planning Commission hereby specifically finds that %,11 of the facts set forth in the Recitals, Part A, of this Resolution are true'ancorrect. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a)/ of the 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 an irregular rectangular shape that widens at the rear property line and is located within a gated community identified as "The Country Estates". It is approximately 79,715 gross square feet (1.83 acres) sloping down toward the rear property line. According to the Tract Map, the project site does not contain any easements or a restricted use area. (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 is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Multiply Family Residence—Minimum Lot Size 8,000- 30 Units Per Acre (R -3-8,000-30U); and to the south, east and west is the R-1-40,000 Zone. (e) The Application request is to construct a two-story single-family residence with a basement, six -car garage which includes three tandem parking spaces, balconies, patio and front porch totaling to approximately 9,397 square feet. The request also includes: rear, side and front yard retaining walls/walls with a maximum exposed six - 2 �I 1 foot height; a 20 percent reduction in the required 30 foot front yard setback; and the rem oval/rep I acementireplacem! ent of oak, walnut and California pepper trees. Development Review (f) The design and layout of the proposed develop',m nt is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing undeveloped infill ill l t zoned for single- family residential development. The project site, existed prior to the city`s incorporation and was always considered to be developed and remained as a single-family residential property. On July 25, 1995, the City adopted its General lan. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.83 gross acres. Additionally, the proposed project complies with the General Plan objects I s and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within "The C untry Estates. " (g) The design and layout of the proposed developME nt will not interfere with the use and enjoyment of neighboring 9xisting or future development and will not create traffic or pedestri an hazards. The project site was always planned for the development of a single- family residence. The proposed project is a sing) -family residence, consistent with other single family residences eita Isshed within "The Country Estates. " As such, the proposed resident is not expected to interfere with the use and enjoyment of neighbors existing or future development. The proposed residence is no expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will rein in a single-family residence. Additionally, Ridgeline Road adequa ly serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street, ar d all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association 'thin this gated community. 7 3 (h) The architectural design of the proposed development is compatible with'the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Contemporary. This style is compatible with other residences within Tract No. 30091 and `The Country Estates" due to the eclectic architectural style that is existing in this area. `The Country Estates" homeowners' association architectural committee has approved the proposed materials/colors board and architectural plans. Prominent architectural features of the proposed residence include the raised front entry flanked by four columns, the arrangement of the windows and varied planes utilized on each front, side and rear elevations, thereby providing architectural treatment on all elevations. The use of varying planes will create interest and assist in reducing the massive appearance of the residential structure. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City`s General Plan, or any applicable specific plan. (i) 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 and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials, the proposed project 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 while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. 4 (j) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within this approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced ag ncies through the permit and inspection process will ensure that theproposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Envro imental Quality Act (CEQA), Section 15303(a), the City has deter 'min d that the project identified above. in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Minor Variance (1) 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 property owners in the vicinity and under identical zoning jdistricts or creates an unnecessary and non -self created, hardship 'or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Pursuant to Development Code Section 22.52.020J an application for a Minor Variance may be filed and considered! in order to decrease the setback yard area required for structures by not more than 20 percent. As a result and in this case, the required 30 foot front yard setback may be reduced to 24 feet. The applant is requesting this decrease in the front yard setback in order to avoid more and higher retaining walls to create the buildable pa because of the project site's steepness. Staff believes that the', setback reduction is appropriate due to constraints caused by the topography of the project site. By not reducing the front setback, Staff also believes more grading and more and/or higher walls will 'bel needed to create the buildable pad. Additionally, it is the City's poli�y and also a 5 requirement in the City's hillside management standards to terrace retaining walls, minimize grading and reduce visual bulk. Furthermore, there are many other properties within `The Country Estates" with similar topography and development in a similar manner because of the topography. (m) Granting the Minor Variance is necessary for the preservation and enjoyment of substantias property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought; As referenced above in Item (n), 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 districts and denied to the property owner for which the Minor Variance is sought (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; Granting the Minor Variance is consistent with the General Plan because by decreasing the front yard setback, increased grading, more and higher retaining walls will not be required to create a buildable pad on subject lot with its steep topography. Additionally, the rear portion of the project site beyond the proposed retaining walls has oak, walnut and pepper trees which are a natural resource the General Plan and Development Code specify for protection. Furthermore, it is the City's policy and also a requirement in the City's hillside management standards to terrace retaining walls, minimize grading and reduce visual bulk. The project area does not have a specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved 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 is not detrimental to the public health, safety or'welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). C D 1 Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stun preservation would not result in any substat community; (r) The tree interferes with utility services, or streets within or outside of the subject property, ; alternative exists other than removal or pruning (s) The tree is a potential public health and safety h, of it falling and its structural instability cannot be (t) The tree is a public nuisance by causing damag( (e.g., building foundation, retaining walls, roadway, and decks); (u) The tree is host to an organism, which is parasitic of tree that is in danger of being exterminated by growth that its benefits to the d highways, either J no reasonable the tree(s); due to the risk �diated; to improvements, 'driveways, patios, another species parasite; (v) The tree belongs to a species which is known' to be a pyrophitic or highly flammable and has been identified as a'pu Iic safety hazard; and (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyme t of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The project site contains oak, walnut and pepper Development Code Section 22.38. -Tree Preserva the City protects oak, walnut, sycamore and willo of eight inches orgreater and pepper trees with th appropriate upon lots of greater than one-half ac allows the removal and replacement of said h circumstances 7 ges. According to :)n and Protection, trees with a DBH same DBH where a. The Code also es under certain The applicant is requesting to remove nine oak trees generally located within the footprint of the proposed residential structure, within the area of the where the rearlside retaining walls will be located and within the driveway. Preservation of these oak trees is not feasible due to the proposed location of the buildable pad area. Staff believes that the pad location is appropriate due to the topographical constraints of the project site. It will be required that the oak trees cited for removal be replaced at a 3.1 ratio, minimum 24 inch box size. The applicant's request also includes the protection of a walnut tree within the southeastern portion of the front yard and walnut and pepper trees within the rear yard beyond the proposed rear yard retaining walls. Protection will be required pursuant to Development Code Section 22.38.140. Therefore, preservation of the tree is not feasible and would compromise the property 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 ReplacementlRelocation Standards 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated February 10 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) 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, 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. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate location, size and quantity of the replacement oak trees. The landscape plan should also include the size, quantity and 8 1 species of plant material utilized in the planter retaining walls and plant material utilized to scree from the view below. Prior to final inspectic Occupancy all landscaping/irrigation shall be ins (d) Prior to plan check, the applicant shall submit a i that plots all oak, walnut and pepper trees that i remain. The revised grading plan shall delineate linking fencing with a minimum of five feet in heil that will be protected. The revised grading plan s approved by the Planning Division prior to the i; Permits. reas between the the retaining walls or Certificate of .lied. Wised grading plan I be removed and ie protective chain t around the trees ill be reviewed and uance of any City (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Divi ion's requirements along the project perimeter. (f) All retaining walls/walls shall not exceed an expos d height of six feet except retaining walls/walls within the front yarc setback shall not exceed 42 inches in height. Additionally, it will be required that the rear retaining walls within the rear and rear side y rd be earth tone in color and plant material utilized to lessen the impact of the walls intrusion to the view from below. (g) Wet bars located in the basement and first floor shall not contain kitchen or other cooking facilities (i.e., cooking 'stoves with or without an oven, hot plates, kitchen sink, cabinets, appurtenant plumbing, microwave or convection oven, etc.) (h) Prior to plan check, the applicant shall st delineating a 24 foot front setback from the porch. (i) Pursuant to Code Section 22.38.140, the oak, r trees that will remain shall be protected and prlesi (1) Prior to the issuance of any City permits, install chain-link fencing with a minimur outside the drip line of said trees. (2) Prior to the issuance of any City permits, shall be verified by the City. (3) Chain-link fencing shall remain until' fi Certificate of Occupancy is obtained. 3 revised site plan t line for the front alnut and pepper rved as follows: e applicant shall five foot height chain-link fencing inspection or {j) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (k) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (1) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (n) 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) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. Additionally, an erosion control plan is required for grading permits issued between October 1 and April 15. (o) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the ganitation District. (p) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. (q) The proposed residence shall comply with the State Energy Conservation Standards. (r) Surface water shall drain away from the proposed residence at a two - percent minimum slope. 10 (s) The proposed single-family residence is located Within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant.' Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. i (3) All openings into the attic, floor and/or', of er enclosed areas shall be covered with corrosion -resistant Nire mesh not less than 1/4 inch or more than 1/2 inch in dime ision except where such openings are equipped with sash for door. (4) Chimneys shall have spark arrests of maximum 112 inch screen. (t) Plans shall conform to State and Local Buildin Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Codje, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) All balconies shall be designed for a 40 pound er square foot live load. (w) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (x). Prior to the issuance of any City permits, the applicant is required to submit a final landscape/irrigation plan for the City's review and approval. The landscaping plan shall delineate'th location, size and quantity of the replacement oak trees. The landscape plan shall also include the size, quantity and species of plantmat rials utilized in the planter areas between the retaining walls and plan material utilized to screen the retaining walls from the view below. Prior to final inspection or Certificate of Occupancy all Ian dsca ing/irrigation shall be installed. (y) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant lever of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on resources. No portion of the residence shall be r ublic services or nted, used for 11 commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (z) Prior to the issuance of any City permits, the Applicant shall complete and record a Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (aa) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in 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. (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 approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of 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, school fees and fees for the review of submitted reports. (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: Mr. An Chi Lin, 1357 W. Alhambra Road, San Gabriel, CA 91775. 12 APPROVED AND ADOPTED THIS 10Th OF FEBRUARY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ql� ve Tye, C irman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commi� sic n held on the 10th day of February 2004, by the following vote: e AYES: Commissioners: Wei, Nelson, Tanaka, VC/ No ]an CIT y , NOES: None ABSENT: None ABSTAIN: None � � I ATTEST: Janiis DeStefano, Secretary 13 PLANNING COMMISSIO RESOLUTION NO. 2004-09 E CITY OF A RESOLUTION OF THE PLANNING COMMISSION OF' DIAMOND BAR APPROVING DEVELOPMENT REVIEW'NO .2004-02, MINOR VARIANCE NO. 2003-14, TREE PERMIT NO. ",2 03-09 AN CATEGORICAL EXEMPTION, A REQUEST TO CONSTRU T A TWO- STORY SINGLE FAMILY RESIDENCE WITH A BASEMEN SIX CA GARAGE, BALCONIES, PATIO AND FRONT PORCH TOT ALING T APPROXIMATELY 9,397 SQUARE FEET. THE REQUE ST ALSO INCLUDES THE FOLLOWING: REAR, SIDE, AND FR NT YAR RETAINING WALLS; A 20 PERCENT REDUCTION IN TWE EQUIRE 30 FOOT FRONT YARD SETBACK; AND THE II EMOVAL REPLACEMENT/PROTECTION OF OAK, WALNUT AND PEP ER TREE THE PROJECT SITE IS LOCATED AT 22607 RIDGELINE F,O D LOT 21, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. I A. RECITALS. 1. The property owner, Mr. An Chi Lin I, has filed development Review No. 2004-02, Minor Variance 2013- i application for 4 and Tree Perm it No. 2003-09 and categorical exemption fora pro erty located a 22607 Rid eline Road, Diamond Bar, Los An elei C ounty, California. Hereinafter in this Resolution, the subject Developtr nt Review, Minor Variance, Tree Permit and categorical exemption shall referred to as the "Application.' 2. On January 28, 2004, public hearing notices were made d to approximately 73 property owners within a 500 -foot radius of the roject site. On January 28, 2004, the project site was posted with a lisp lay board and the public notice was posted in three public places. On January 30, 2004, notification of the public hearing for this project was !,provided in the San Gabriel Valley Tribune and Inland Vallev Dailv Bulletin! n wsoaoers. 3. On February 10, 2004, the Planning Commission of theCity of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of he City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true',an correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a)/ of the 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 an irregular rectangular shape that widens at the rear property line and is located within a gated community identified as "The Country Estates". It is approximately 79,715 gross square feet (1.83 acres) sloping down toward the rear property line. According to the Tract Map, the project site does not contain any easements or a restricted use area. (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 is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) and Multiply Family Residence -Minimum Lot Size 8,00030 Units Per Acre (R -3-8,000-30U); and to the south, east and west is the R-1-40,000 Zone. (e) The Application request is to construct a two-story single-family residence with a basement, six -car garage which includes three tandem parking spaces, balconies, patio and front porch totaling to approximately 9,397 square feet. The request also includes: rear, side and front yard retaining walls/walls with a maximum exposed 2 Development Review (f) The design and layout of the proposed develoh',m nt is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria or special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing undeveloped inill lot zoned for singlefamily residential development. The project site, existed prior to the City's incorporation and was always considered t be developed and remained as a single-family residential property. On July 25, 1995, the City adopted its General Ian. Although the Tract was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR- aximum 1 DUTAAC since the project site is 1.83 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space). Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material of other homes within "The C (g) 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 pedestri n hazards. The project site was always planned for the development of a singlefamily residence. The proposed project is a sing) -family residence, consistent with other single family residences eita lished within "The Country Estates. "As such, the proposed residenc is not expected to interfere with the use and enjoyment of neighbori existing or future development. The proposed residence is not pected to create traffic or pedestrian hazards due to that fact that tin use was planned with the tract's original approval and will rem in a single-family residence. Additionally, Ridgeline Road adequate) serves the project site and was established to handle minimum tra is created by this type of development. Furthermore, this street, and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association yvithin this gated community. K3 (h) The architectural design of the proposed development is compatible with'the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any The proposed project's architectural style (as referred to in application) is Contemporary. This style is compatible with other residences within Tract No. 30091 and 'The Country Estates" due to the eclectic architectural style that is existing in this area.. "The Country Estates" homeowners' association architectural committee has approved the proposed materialslcolors board and architectural plans. Prominent architectural features of the proposed residence include the raised front entry flanked by four columns, the arrangement of the windows and varied planes utilized on each front, side and rear elevations, thereby providing architectural treatment on all elevations. The use of varying planes will create interest and assist in reducing the massive appearance of the residential structure. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderlyand attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. (i) 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 and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials, the proposed project 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 while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. C! Minor Variance Q) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the roposed project is required to comply with all conditions within the proved resolution and the Building and Safety Division, Public Wpr Division, and Fire Department requirements. The referenced ag naes through the permit and inspection process will ensure that tine roposed project is not detrimental to the public health, safety or w Ifare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in I compliance with the provisions of the California Environmental Quaili Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has deter 'mined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflect the independent judgment of the City of Diamond Bar. (1) There are special circumstances applicable /to the property (e.g., location, shape, size, surroundings, to pdgraphy, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning ,ditricts or creates an unnecessary and non -self created, hardship nor unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Pursuant to Development Code Section 22.52.020. 1 an application for a Minor Variance may be filed and considered! in order to decrease the setback yard area required for structures y not more than 20 percent. As a result and in this case, the required 30 foot front yard setback maybe reduced to 24 feet. The app/ ant is requesting this decrease in the front yard setback in order to avoid more and higher retaining walls to create the buildable pabecause of the project site's steepness. Staff believes that the setback reduction is appropriate due to constraints caused by the topography of the project site. By not reducing the front setback, Staff also believes more grading and more and/or higher walls will be/ needed to create the buildable pad. Additionally, it is the City's policy and also a requirement in the City's hillside management standards to terrace retaining walls, minimize grading and reduce visual bulk. Furthermore, there are many other properties within "The Country Estates" with similar topography and development in a similarmanner because of the topography. (m) 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 districts and denied to the property owner for which the Minor Variance is sought; As referenced above in Item (n), 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 districts and denied to the property owner for which the Minor Variance is sought, (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; Granting the Minor Variance is consistent with the General Plan because by decreasing the front yard setback, increased grading, more and higher retaining walls will not be required to create a buildable pad on subject lot with its steep topography. Additionally, the rear portion of the project site beyond the proposed retaining walls has oak, walnut and pepper trees which are a natural resource the General Plan and Development Code specify for protection. Furthermore, it is the City's policy and also a requirement in the City's hillside management standards to terrace retaining walls, minimize grading and reduce visual bulk. The project area does not have a specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved 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 is not detrimental to the public health, safety or'welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(x), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent idgment of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings -s made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stuhte growth that its preservation would not result in any substanti benefits to the community; (r) The tree interferes with utility services, or street's a id highways, within or outside of the subject property; ar either J no alternative exists other than removal or pruning o reasonable the (s) The tree is a potential public health and safety ha of it due to the falling and its structural instability cannot be i (t) The tree is a public nuisance by causing damagE to improvements, (e.g., building foundation, retaining walls, roadway; and 'driveways, decks); (u) The tree is host to an organism, which is parasitic of tree another species parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a'pu-tlic safety hazard; and (w) Preservation of the tree is not feasible and property owner's reasonable use and en surrounding land and appropriate mitiga implemented in compliance with Sec Replacement/Relocation Standards The project site contains oak, walnut and pepper Development Code Section 22.38. -Tree Preserv< the City protects oak, walnut, sycamore and wiic of eight inches orgreater and pepper trees with tl appropriate upon lots of greater than one-half ac allows the removal and replacement of said' t circumstances 7 compromise the of property or easures will be 2.38.130 (Tree ?es. According to )n and Protection, trees with a DBH same DBH where The The applicant is requesting to remove nine oak trees generally located within the footprint of the proposed residential structure, within the area of the where the rearlside retaining walls will be located and within the driveway. Preservation of these oak trees is not feasible due to the proposed location of the buildable pad area. Staff believes that the pad location is appropriate due to the topographical constraints of the project site. It will be required that the oak trees cited for removal be replaced at a 3:1 ratio, minimum 24 inch box size. The applicant's request also includes the protection of a walnut tree within the southeastern portion of the front yard and walnut and pepper trees within the rear yard beyond the proposed rear yard retaining walls. Protection will be required pursuant to Development Code Section 22.38.140. Therefore, preservation of the tree is not feasible and would compromise the property 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 5. Based on the findings and conclusions set forth above, the Planning . Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections; final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated February 10 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) 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, 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. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate location, size and quantity of the replacement oak trees. The landscape plan should also include the size, quantity and species of plant material utilized in the planter reas between the retaining walls and plant material utilized to scree the retaining from the view below. Prior to final inspeotic walls or Occupancy all landscaping/irrigation shall be ins (d) Prior to plan check, the applicant shall submit a i that plots all oak, walnut and pepper trees that remain. The revised grading plan shall delineate linking fencing with a minimum of five feet in hei! that will be protected. The revised grading plan s approved by the Planning Division prior to the ii Permits. (e) Prior to construction, the applicant shall install to fencing pursuant to the building and Safety DIN along the project perimeter. (f) All retaining walls/walls shall not exceed an expc except retaining walls/walls within the front ye exceed 42 inches in height. Additionally, it will rear retaining walls within the rear and rear side color and plant material utilized to lessen the intrusion to the view from below. sed grading plan be removed and protective chain around the trees be reviewed and y construction d height of six feet setback shall not required that the 'd be earth tone in pact of (g) Wet bars located in the basement and first fl( shall not contain kitchen or other cooking facilities (i.e., es with or cooking's an oven, hot plates, kitchen sink, without tenant cabinets, ap microwave or convection oven, (h) Prior to plan check, the applicant shall SL revised site plan delineating a 24 foot front setback from v line for the the porch. (i) Pursuant to Code Section 22.38.140, the i trees and pepper that will remain shall be protected and as follows: (1) Prior to the issuance of any City permits, he applicant shall install chain-link fencing with a minimu five foot height outside the drip line of said trees. (2) Prior to the issuance of any City permits, chain-link fencing shall be verified by the City. (3) Chain-link fencing shall remain until' inspection or Certificate of Occupancy is obtained. 9 (j) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Finish surface and finished grade; and (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (k) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (1) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (n) 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) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. Additionally, an erosion control plan is required for grading permits issued between October 1 and April 15. (o) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the 5'anitation District. (p) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. (q) The proposed residence shall comply with the State Energy Conservation Standards. (r) Surface water shall drain away from the proposed residence at a twopercent minimum slope. 1 (s) The proposed single-family residence is located Within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall a constructed as exterior walls. (3) All openings into the attic, floor and/or',other r enclosed areas shall be covered with corrosion -resistant ire mesh not less than 1/4 inch or more than 1/2 inch in dime sion except where such openings are equipped with sash !or oor. (4) Chimneys shall have spark arrests of aximum 1/2 inch screen. (t) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, niform Mechanical Code, and the 2001 National Electrical Code)',re uirements. (u) Construction plans shall be engineered to !, meet wind loads of SO M.P.H. with a "C" exposure. (v) All balconies shall be designed for a 40 pound er square foot live load. (w) Prior to the issuance of any construction per Its, -the applicant submit construction plans to the Los shall ourbty Fire Angeles for review and approval. Department pplicant (x). Prior to the issuance of any City permits, the is required to he submit a final landscape/irrigation plan for City's review and the approval. The landscaping plan shall delinea location, size and Js quantity of the replacement oak trees. The la pe plan shall also nat include the size, quantity and species of rials utilized in the Ian plant planter areas between the retaining material utilized to walls and screen the retaining walls from the elo . Prior to final ca view inspection or Certificate of Occupancy ino/irrioation shall all Ian( be installed. (y) The single-family residence shall not be utik in a manner that creates adverse effects (i.e., significant level dust, glare/light, noise, odor, traffic, or other disturbances) neighborhood upon environmental setting. Additionally, the and ily residence singlenot result in significantly adverse effects shall ublic c resources. No portion of the residence shall services or nted, 1 commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (z) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (aa) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in 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. (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 approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of 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, school fees and fees for the review of submitted reports. (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 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: Mr. An Chi Lin, 1357 W. Alhambra Road, San Gabriel, CA 91775. 1 PPROVED AND ADOPTED THIS 10Th OF FEBRUARY 2004, BY THE PLANNING OMMISSION OF THE CITY OF DIAMOND BAR. I1-YA Tye, C04irman I, James DeStefano, Planning Commission Secretary, do hereby Resolution was duly introduced, passed, and adopted by the Plai City of Diamond Bar, at a regular meeting of the Planning Comr day of February 2004, by the following vote: AYES: Commissioners: Wei, Nelson, Tanaka, NOES: None ABSENT: None ABSTAIN: None ATTEST: Ja s DeStefarlo, Secretary 1 that the foregoing ,ommission of C/Tye