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HomeMy WebLinkAboutPC 2004-10PLANNING COMMISSION RESOLUTION NO. 2004-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW 'NEA. 2004-04, MINOR CONDITIONAL USE PERMIT NO. 2004-01, TREE PERMIT NO. 2003-06 AND CATEGORICAL EXEMPTION, A R80UEST TO CONSTRUCT A FIRST AND SECOND STORY AND: BASEMENT ADDITION, GARAGE ENLARGEMENT AND DECK TOTALING TO APPROXIMATELY 6,285 SQUARE FEET. THE APPROVAL ALSO INCLUDES MAINTAINING THE LEGAL NONCONFORMING 'OR NT YARD SETBACK AND THE REMOVALIREPLACEMENT OF ONE AK TREE AND THE PROTECTION OF SEVERAL OAK TREES. THE PROJECT SITE IS LOCATED AT 23807 RIDGELINE ROAD (LOT 60, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Mr. Dushant Ahuja and the applicant,l, Mr. Pete Volbeda have filed an application for Development Review No', 2004-04, Minor Conditional Use Permit No. 2004-01, Tree Permit No. 2003-06 and categorical exemption for a property located at 23807' Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Pgrmit, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On February 10, 2004, public hearing notices were mailed to approximately 35 property owners within a 500 -foot radius of the (project site. On February 10, 2004, the project site was posted with a display board and the public notice was posted in three public places. On'February 13, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin i,ne spapers. 3. On February 24, 2004, the Planning Commission of the Citj of Diamond Bar conducted and concluded a duly noticed public hearing � the Application. on pp 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 all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(e) 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 site is located at 23807 Ridgeline Road (Lot 60, Tract No. 30091) within a gated community identified as "The Country Estates". The project site is rectangle shaped widening at the rear (north. property line) and sloping downward to rear property line. According to the Tract Map, the project site is approximately 2.03 gross acres (88,426.80 gross square feet). Also, the Tract Map indicates that a majority of the project site contains a flood hazard and restricted use area. The submitted project does not propose development within the flood hazard or restricted use area. The project site is developed with a two-story single-family residence with a three car garage totaling to approximately 4,600 square feet.- (b) eet: (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 zones and use surround the project site: to the north is the Multi -Family Residence -Minimum Lot Size 8,000 Square Feet -30 Units Per Acre (R-3-8,000-30U/condominiums); and to the south, east and west is the R-1-40,000 Zone. 2 1 (e) The Application request is to construct a first and second story and basement addition, garage enlargement and deck totaling to approximately 6,285 square feet to an existing two story single family residence with a three car garage totaling to 'approximately 4,600 square feet finaled in 1978. The Minor Conditional Use Permit request is due to the existing front yard setback which is considered legal nonconforming. The Tree Permit request ! is related to the removal and replacement of one oak tree and the protection of other oak trees on the project site Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Flan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteriai, for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). On July 25, 1995, the City adopted its General Plan. Although Tract No. 30091, Lot 60 (project site) was established p 'or to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DUTAC in that the project site is 2.03 gross acres. The project site is developed with a two-story sin -family residence with a three -car garage totaling to approximately ty 600 square feet with construction finaled in 1978. The proposed project consists of constructing a first and second story and basemen addition, garage enlargement and deck totaling to approximatelyr 6,285 square feet. The proposed project will maintain the required se backs except for the legal nonconforming front yard setback which K 71 be maintained, lot.coverage and height. The proposed project is nol unusual for `The Country Estates"and is consistent with other develd ment within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and st' ategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. urthermore, the proposed project will maintain its existing architectural style (Tudor) and construction materials which are compatible with the eclectic architectural style, colors and material of other 'ho es within "The Country Estates': 3 (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 pedestrian hazards. With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition to the existing single-family residence is consistent with other single-family residences established within 'The Country Estates" and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. Additionally, Ridgeline Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthem7ore, this street and all other streets within `The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (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 22.48.24. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural style of the proposed addition is Tudor and consistent with the existing residential structure on the project site. This style is compatible with other residences within `The Country Estates" due to the eclectic architectural style that is existing in this area. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project 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. There is no applicable specific plan for this area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its —� 4 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 (f), (g), and; (h), 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 arrd a low level of maintenance. (j) The proposed development will not be detrimentI I to public health, safety or welfare or materially injurious (e.g., tgative 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 the approved resolution and the Building and Safety Division, Public Wd,rk Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the roposed project is not detrimental to the public health, safety or;weftare or materially injurious to the properties or improvements in the licinity. (k) The proposed project has been reviewed in co pliance with the provisions of the California Environmental Quallity� ct (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), the City has determlin6d 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. 1 Minor Conditional Use Permit The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit andcomplies with all other applicable provisions of the Developmenit Code and the Municipal Code; Pursuant to Development. Code Sections 22.56.0 20 and 22.68.020 related to legal nonconforming structures, uses and parcels applies to this proposed project due to the existing front yard setback. The R-1- 40,000 zone equates to setback standards 'listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existina residenrre'.s frnnt virrl cathmr it umrioe 5 from 17.16 to 21.16 feet. Since this setback is existing, it will not be changed by the proposed garage enlargement which will maintain the 21.16 legal nonconforming front yard setback. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 21.16 foot front yard setback will not create incompatibility with other residences in the neighborhood because front yard setbacks within "The Country Estates" vary with 20 feet being the minimum requirement in past codes. Additionally, the past code allowed an encroachment into the front yard setback of five feet for unenclosed front porches. The City's Development Code allows changes to or an expansion of a legal nonconforming structure if the exterior limits do not encroach further into the existing setback than the comparable portion of the existing structure. This is the case with the proposed project. (m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in finding (f), the proposed project and its use as single-family residence is consistent with the General Plan. The General Plan also requires maintaining the integrity of a single-family residential neighbor which the proposed project will do. There is no applicable specific plan for `The Country Estates". (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As referenced above in findings (0, (g), (h), (i) and (1), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity, (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As referenced above in findings (f), (g), (h), (i) and (1), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity and the subject site is physically suitable to accommodate the proposed driveway as designed and located including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 9 (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and As referenced in finding (1) above, granting the Minor Conditional Use Permit is required to maintain the existing legal nonconforming front yard setback The Public Works Division hasrewiewed this project and the garage enlargement for clear line of ;site and found it appropriate as designed and located. Additiori0y and pursuant to the Development Code widerdriveways maybe ap roved through the Minor Conditional Use Permit process. Therefore, granting a Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or: improvements in the vicinity and zoning district in which the property is located, (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality }Act (CEQA). Pursuant to the provisions of the Califomia Environmental QualityAct (CEQA), Section 15301(e), the City has detenpinod that the project identified above in this Resolution is c to orically 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 stunted growth that its preservation would not result in any substantia benefits to the community; (r) The tree interferes with utility services, or streets nd highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot bel, re ediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); Ili 7 (u) 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; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) 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) The project site contains seven oak trees located adjacent to the rear deck. One of the seven oak trees is within the proposed deck. According to Development Code Section 22.38. -Tree Preservation and Protection, the City protects oak, walnut, sycamore and willow trees with a DBH of eight inches or greater and pepper trees with the same DBH where appropriate upon lots of greater than one-half acre. The Code also allows the removal and replacement of said trees under certain circumstances The applicant is requesting to remove the one oak tree within the proposed deck area and preserve/protect the remaining six oak trees. Preservation of this tree is not feasible because it is within the area of the proposed deck. Additionally and according to the arborist report prepared by Mike Parker of California Arbor Care, this oak tree is in poor health with die back. Staff believes that the removal of this oak tree is appropriate due to its poor health and its location. Decks within `The Country Estates"are a common occurrence and enjoyed by other residences in this area. It will be required that the oak tree cited for removal be replaced at a 3:1 ratio, minimum 24 inch box size. Additionally and prior to the issuance of any City permits, the applicant will be required to submit a landscaperrrigation plan delineating the location and size of the replacement oak trees and a grading plan delineating the protection barrier for the remaining oak trees for the City's review and approval. It will be required that protective fencing be installed and inspected prior to the issuance of any City permits and remain untfl final inspection or issuance of Certificate of Occupancy. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: N. (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated February 24 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 ol 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 witt in the City. It shall be the applicant's obligation to insure that thewastecontractor utilized has obtained permits from the City of DiamonBar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan forthe City's revie''rand approval. Said plan shall delineate location, size and qu n ity of the three replacement oak trees which shall be at a 24 ir ch box size. The landscape plan should also include the size, quantity and species of all plant materials. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. A Prior to dividing the basement area into rooms an or livable space, the property shall submit improvement plans for ihCity's review and approval and obtain the appropriate permits. 1� e (e) Prior to construction, the applicant shall install temp rary construction fencing pursuant to the building and Safety Div isi n's requirements along the project perimeter. (f) The height of the proposed addition shall not ex ee J 35 feet from the natural or finished grade. Prior to the rough fraiiing inspection, the height of the proposed addition shall be certi iec by an engineer approved by the City and at the applicant's exp n e. (g) The materials, colors and architectural style of the proposed addition shall match the existing single-family residentiaUstructure. (h) If exterior construction occurs between October 1 and April 15, the Applicant shall submit an erosion control plan for th City's review and approval. 0 (i) The applicant shall submit a precise grading plan for 50 cubic yards or more of earth work prior to the issuance of any City permits. The grading plan shall be 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 and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site.; and (4) Finish surface and finished grade; and {j) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval referencing the proposed addition and deck. (k) If applicable, the Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (1) 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. (m) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (n) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed structures at a two - percent minimum slope. 10 (q) 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 Retardaht.'j Tile roof shall be fire stopped at the eaves to preclude Ientry of the flame or members under the fire. (2) All unenclosed under -floor areas shall the constructed as exterior walls. (3) All openings into the attic, floor and/or Other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dire sion except where such openings are equipped with sash r c oor. (4) Chimneys shall have spark arrests Of maximum 1/2 inch screen. (r) Plans shall conform to State and Local Buildin I Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, L niform Mechanical Code, and the 2001 National Electrical Code) heq jirements. (s) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (t) Building setback from top of slope at the rear lof the property shall meet Sectionl8 of the 2001 California Building COde. (u) Prior to the issuance of any construction permits, he applicant shall submit construction plans to the Los Angeles Colum Fire Department for review and approval. (v) Height of the accessory structure shall be certified by a licensed engineer. (w) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels) of dust, glare/light, noise, odor, traffic, or other disturbances) upon tlhe eighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects onj p blic services or resources. No portion of the residence shall be rented, used for 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 parkng problems in the neighborhood. (x) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement' to mairtta�n a single-family residence only and no portion of this structure shall be rented, leased 11 or sold separate and apart form the remaining portions of the property _. or structure. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (y) 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. (z) 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. (aa) 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. Dushant Ahuja, 23807 Ridgeline Road, Diamond Bar, CA 91765 and Mr. Pete Volbeda, 615 N. Benson Avenue, Unit C, Upland, CA 91764. 12 1 D O APPROVED AND ADOPTED THIS 24th DAY OF FEBRUARY, 2004, BY THE PLANNING C MMISSION OF THE CITY OF DIAMOND BAR. BY. Steve Tye, Chai an I James DeStefano, Planning Commission. Secretary, do hereby cert'ify Resolution was duly introduced, passed, and adopted by the Planning C City of Diamond Bar, at a regular meeting of the Planning Commis for day of February, 2004, by the following vote: AYES: Commissioner: Tanaka, Wei, Nelson, VC/Nolan C NOES: None ABSTAIN: None ABSENT: None alli, -A ATTEST: ames De tefano, Secretary 13 iat the foregoing )mmission of the held on the 24th PLANNING COMMISSION RESOLUTION NO. 2004-10 A RESOLUTION OF THE PLANNING COMMISSION OF TH DIAMOND BAR APPROVING DEVELOPMENT REVIEW 'N( CITY OF MINOR CONDITIONAL USE PERMIT NO. 2004-01, THE N0.2003- 2004-04, 06 AND CATEGORICAL EXEMPTION, A REG CONSTRUCT A PERMIT FIRST AND SECOND STORY AND E ADDITION, GARAGE EST TO ENLARGEMENT AND DECK TOT, APPROXIMATELY 6,285 SQUARE FEET. THE APPRO% INCLUDES MAINTAINING THE G TO LEGAL NONCONFORMING OR SETBACK AND THE REMOVAL/REPLACEMENT OF ONE AND THE PROTECTION OF ALSO SEVERAL OAK TREES. THE SITE IS LOCATED AT 23807 YARD RIDGELINE ROAD TRACT NO. 30091), DIAMOND BAR, TREE CALIFORNIA. 60 A. RECITALS. 1. The property owner, Mr. Dushant Ahuja and the applic Mr. Pete have filed an application for Development Review Volbeda 2004 - Conditional Use Permit No. 2004-01, Tree Pern 04, Minor categorical exemption for a property located at 23 Jo.2003-06 and Diamond Bar, Los Angeles County, California. Ridgeline Road, Herein the subject Development Review, Minor In this Conditional U; and categorical exemption shall be 2. On February 10, 2004, public hearing notices were ma 35 to approximately property owners within a 500 -foot radius of t1 project site. On February 10, 2004, the project site was posted with a ay board and d public notice was posted in three public places. On the bruary 13, notification of the public hearing for this project was 2004, Tided in Gabriel Valley Tribune and Inland Valley Daily Bulletin 3. On February 24, 2004, the Planning Commission of the k of Diamond Bar conducted and concluded a duly noticed public hearing the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that forth in the Recitals, of the facts set art A, of this Resolution are true a correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) 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 site is located at 23807 Ridgeline Road (Lot 60, Tract No. 30091) within a gated community identified as "The Country Estates". The project site is rectangle shaped widening at the rear (north property line) and sloping downward to rear property line. According to the Tract Map, the project site is approximately 2.03 gross acres (88,426.80 gross square feet). Also, the Tract Map indicates that a majority of the project site contains a flood hazard and restricted use area. The submitted project does not propose development within the flood hazard or restricted use area. The project site is developed with a two-story single-family residence with a three car garage totaling to approximately 4,600 square feet: (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 zones and use surround the project site: to the north is the Multi -Family Residence -Minimum Lot Size 8,000 Square Feet -30 Units Per Acre (R-3-8,000-30U/condominiums); and to the south, east and west is the R-1-40,000 Zone. K 1 (e) The Application request is to construct a first and' second story and basement addition, garage enlargement and deck totaling to approximately 6,285 square feet to an existing two story single family residence with a three car garage totaling to approximately 4,600 square feet finaled in 1978. The Minor Conditional Use Permit request is due to the existing front yard setback which is considered legal nonconforming. The Tree Permit request is related to the removal and replacement of one oak tree and the protection of other oak trees on the project site Development Review (f) The design and layout of the proposed development 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 criteriai, for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). On July 25, 1995, the City adopted its General Pla17 . Although Tract No. 30091, Lot 60 (project site) was established prior to the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DUTAAC in that the project site is 2.03 gross acres. The project site is developed with a two-story single-family residence with a three -car garage totaling to approximately,!, 600 square feet with construction finaled in 1978. The proposed project consists of constructing a first and second story and basemeni addition, garage enlargement and deck totaling to approximately 6285 square feet. The proposed project will maintain the required Se backs except for the legal nonconforming front yard setback which 11 be maintained, lotcoverage and height. The proposed project is nol unusual for'The Country Estates" and is consistent with other de veldpment within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and st- ategies and the City's Design Guidelines related to maintaining l the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain its existing architectural style (Tudor) and construction materials which are compatible with the eclectic architectural style, colors and material of other 'ho es within "The Country Estates ". - 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 pedestrian With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the The proposed addition to the existing single-family residence is consistent with other single-family residences established within "The Country Estates" and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. Additionally, Ridgeline Road adequately serves the project site and was established to handle minimum traffic 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 (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 The architectural style of the proposed addition is Tudor and consistent with the existing residential structure on the project site. This style is compatible with other residences within "The Country Estates" due to the eclectic architectural style that is existing in this area. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project 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. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its 0 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 (f), (g), and (h), the proposed project will provide a desirable environment fior,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 and a low level of maintenance. (j) The proposed development will not be detrimental I 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 )posed project is required to comply with all conditions within the proved resolution and the Building and Safety Division, Public Division, and Wa Department requirements. The referenced Fire cies a permit and inspection process will ensure through the that th not detrimental to the public health, roposed project safety or' injurious to the properties or (k) The proposed project has been reviewed in ance with the provisions of the California Environmental Qu, (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), 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. Minor Conditional Use Permit (1) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; Pursuant to Development Code Sections 22.56.1 and 22.68.020 related to legal nonconforming structures, uses ircels applies an this proposed project due to the existing front to hack. The R - yard 40,000 zone equates to setback standards If in the Rural 'IG Residential zone. For this particular project, fired front yard the, setback is 30 feet. The existing residence's setback varies 61 from 17.16 to 21.16 feet. Since this setback is existing, it will not be changed by the proposed garage enlargement which will maintain the 21.16 legal nonconforming front yard setback. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 21.16 foot front yard setback will not create incompatibility with other residences in the neighborhood because front yard setbacks within "The Country Estates" vary with 20 feet being the minimum requirement in past codes. Additionally, the past code allowed an encroachment into the front yard setback of five feet for unenclosed front porches. The City's Development Code allows changes to or an expansion of a legal nonconforming structure if the exterior limits do not encroach further into the existing setback than the comparable portion of the existing structure. This is the case with the proposed project. (m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in finding (f), the proposed project and its use as single-family residence is consistent with the General Plan. The General Plan also requires maintaining the integrity of a single- family residential neighbor which the proposed project will do. There is no applicable specific plan for "The Country Estates". (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As referenced above in findings (t7, (g), (h), (i) and (l), the design, location, size and operating characteristics of the proposed projectare compatible with the existing and future land uses in the vicinity, (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As referenced above in findings (f), (g), (h), (i) and (l), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity and the subject site is physically suitable to accommodate the proposed driveway as designed and located including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 9 (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and E Tree Permit As referenced in finding (1) above, granting the Mir Permit is required to maintain the existing legal ni yard setback. The Public Works Division has rer and the garage enlargement for clear line of appropriate as designed and located. Additional the Development Code wider driveways maybe ap Minor Conditional Use Permit process. Therefore Conditional Use Permit will not be detrimental to health, safety, injurious to persons, property, or in vicinity and zoning district in which the property is The proposed project has been reviewed in co provisions of the California Environmental Qualltv r Conditional Use rconforming front awed this project ite and found it and pursuant to oved through the granting a Minor e public interest, snce with the (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), 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. (It shall be necessary that one or more of the is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to growth that its preservation would not result in any si benefits to the community; (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of he tree(s); (s) The tree is a potential public health and safety of it falling and its structural instability cannot I (t) The tree is a public nuisance by causing (e.g., building foundation, retaining walls, r and decks); rA due to the improvements veways, (u) 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; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) 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) The project site contains seven oak trees located adjacent to the rear deck. One of the seven oak trees is within the proposed deck. According to Development Code Section 22.38. -Tree Preservation and Protection, the City protects oak, walnut, sycamore and willow trees with a DBH of eight inches or greater and pepper trees with the same DBH where appropriate upon lots of greater than one-half acre. The Code also allows the removal and replacement of said trees under certain circumstances The applicant is requesting to remove the one oak tree within the proposed deck area and preserve/protect the remaining six oak trees. Preservation of this tree is not feasible because it is within the area of the proposed deck. Additionally and according to the arborist report prepared by Mike Parker of California Arbor Care, this oak tree is in poor health with die back. Staff believes that the removal of this oak tree is appropriate due to its poor health and its location. Decks within 'The Country Estates"are a common occurrence and enjoyed by other residences in this area. It will be required that the oak tree cited for removal be replaced at a 3:1 ratio, minimum 24 inch box size. Additionally and prior to the issuance of any City permits, the applicant will be required to submit a landscaperrrigation plan delineating the location and size of the replacement oak trees and a grading plan delineating the protection barrier for the remaining oak trees for the City's review and approval. It will be required that protective fencing be installed and inspected prior to the issuance of any City permits and remain until final inspection or issuance of Certificate of Occupancy. 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 and final landscape/irrigation plan collectively labeled as Exhibit "A" dated February 24 2004, as submitted and approved by the Planning Commission, and as amended herein. I (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, additions or implementation of the entitlement granted herein. The removal o al trash, debris, and refuse, whether during or subsequent to const -u ion shall be done only by the property owner, applicant or by a u permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid wasfa 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 DiamonBar to provide such services. I (c) Prior to the issuance of any City permits, the appliant shall submit a final landscape/irrigation plan for the City's review nd approval. Said plan shall delineate location, size and qu4n ity of the three replacement oak trees which shall be at a 24 i ch box size. The landscape plan should also include the size, quan ity and species of all plant materials. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. (d) Prior to dividing the basement area into rooms anOl/or livable space, the property shall submit improvement plans for ih City's review and approval and obtain the appropriate permits. (e) Prior to construction, the applicant shall install y fencing pursuant to the building and Safety t construction along the project perimeter. (f) The height of the proposed addition shall not 35 feet from natural or finished grade. Prior to the rough the I height of the proposed addition shall be a inspection, the approved by the City and at the applicant's (g) The materials, colors and architectural style of shall additio match the existing single-family residenti (h) If exterior construction occurs between October 1,-nd April 15, the Applicant shall submit an erosion control plan forCity's review and approval. 01 (i) The applicant shall submit a precise grading plan for 50 cubic yards or more of earth work prior to the issuance of any City permits. The grading plan shall be 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 and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site.; and (4) Finish surface and finished grade; and (j) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval referencing the proposed addition and deck. (k) If applicable, the Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (1) 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. (m) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (n) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed structures at a twopercent minimum slope. 10 (q) 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 Retard fire stopped at the eaves to preclude members under the fire. (2) All unenclosed under -floor areas sh, exterior walls. (3) All openings into the attic, floor and/or shall be covered with corrosion-resista than 1/4 inch or more than 1/2 inch in du such openings are equipped with sash (4) Chimneys shall have spark arrests c screen. Tile roof shall be ,r of the flame or constructed as enclosed areas mesh not less >n except m 1/2 inch (r) Plans shall conform to State and Local Bui Code (i.e., 2001 Uniform Building Code, Uniform Plumbing -iform Coc Code, and the 2001 National Electrical Code) (s) Construction plans shall be engineered to 80 M.P.H. (t) Building setback from top of slope at the rear meet property shall Section18 of the 2001 California Building (u) Prior to the issuance of any construction permi applicant shall submit construction plans to the Los Angeles Fire Cc for review and approval. (v) Height of the accessory structure shall be by a licensed engineer. (w) The single-family residence shall not be utili2 n a manner that creates adverse effects (i.e., significant level; dust, glare/light, noise, odor, traffic, or other disturbances) upon ieighborhood 1 environmental setting. Additionally, the and y residence single -i not result in significantly adverse shall iblic effects or resources. No portion of the services or residence shall commercial/institutional rented, used for purposes, or otherwise dwelling. The property :ed as a shall not be used for re result in a nuisance or separate r create traffic and parl neighborhood. (x) Prior to the issuance of any City permits, the A nt shall and record a "Covenant and Agreement' to n complete n a residence only and no portion of this single-family -e 1 or sold separate and apart form the remaining portions of the property or structure. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (y) 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. (z) 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. (aa) 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. Dushant Ahuja, 23807 Ridgeline Road, Diamond Bar, CA 91765 and Mr. Pete Volbeda, 615 N. Benson Avenue, Unit C, Upland, CA 91764. 12 i APPROVED AND ADOPTED THIS 24th DAY OF FEBRUARY, 2004, BY THE PLANNING C MMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tye, Chai an I, James DeStefano, Planning Commission. Secretary, do hereby hat the ce Resolution was duly introduced, passed, and adopted by the foregoing Planni City of Diamond Bar, at a regular meeting of the Planning )mmission of Commi: day of February, 2004, by the following vote: AYES: Commissioner: Tanaka, Wei, Nelson, VC/Nola NOES: None ABSTAIN: None ABSENT: None ATTEST: ames De tefano, Secretary 1