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HomeMy WebLinkAboutPC 2004-16PLANNING COMMISSION RESOLUTION NO. 2004-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-03, TREE PERMIT NO. 2004-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FOUR LEVEL (SPLIT-LEVEL DESIGN) SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 11,300 SQUARE FEET INCLUDING A FOUR CAR GARAGE WITH ONE SPACE IN TANDEM, BALCONIES, VERANDA AND DECK. THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF 8 FEET AND SENT THE REMOVAL/ REPLACE- MENT/PROTECTION OF OAK AND WALNUT TREES. THE PROJECT SITE IS LOCATED AT 2557 BLAZE TRAIL (LOT 138, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Mr. Nasser Ahmadi and the applicant, Mr. Mark Sebeti have filed an application for Development Review No. 2004-03, Tree Permit No. 2004-02 and categorical exemption for a property located at 2557 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On April 23, 2004, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On April 29, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valle Daily Bulletin newspapers. 3. On May 11, 2004, the Planning Commission of the City 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 the City of Diamond Bar as follows: 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 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 site is located at 2557 Blaze Trail (Lot 138, Tract No. 30578) within a gated community identified as "The Country Estates". The project site is a long rectangle shape sloping downward to the rear property line. According to the Tract map, the project site is approximately 1.22 gross acres (53,143 gross square feet). The Tract Map does not indicate any easements, flood hazard areas or restricted use areas. (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 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is to construct a four level (split-level design) single-family residence of approximately 11,300 square feet including a four car garage with one space in tandem, balconies, veranda, and deck. The request also includes retaining walls of varying height not to exceed an exposed 8 foot height; and removaVreplacement/ protection of oak and walnut trees. 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 criteria 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 prior to the General Plan's adoption. It complies with the General Plan land use designation of RR -Maximum 1 DU/AC in that the project site is 1.22 gross acres. The project site is a vacant infill lot cite for the development of a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks and height and maintain a lot coverage of 11 percent which is less the maximum allowed 30 percent. The proposed project is not unusual for 'The Country Estates "and is consistent with other development within this community. As a result, 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 will maintain its existing architectural style (Contemporary) and construction materials which are compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates': (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. 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. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. Additionally, Blaze Trail 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 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 3 Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural style of the proposed single-family residence is Contemporary and compatible with other residences within `The Country Estates" due to the eclectic architectural style that is existing in this area. Furthermore, most interesting elements of the proposed residence's architectural design are the multi-level floor plan, the varying planes at each elevation and the design follows the topography of the project site. 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 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 and a low level of maintenance {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 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4 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 judgement 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.) (1) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (m) 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 the tree(s); (n) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (o) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (p) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (q) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (r) 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 Replace ment/Reiocation Standards. The applicant is requesting to remove four oak trees and two walnut trees which are located in the proposed development pad area. The. oak trees have a DBH varying from approximately 24 inches to 48 inches with the larger DBH on multi -trunk oak trees. The walnut trees have a DBH varying from approximately 15 to 15.5 inches with the larger DBH on a multi -trunk walnut tree. According to the arborist report prepared by Crown Oaks Arborists, the health of the trees varies and is rated from good to poor. There are several other walnut 5 trees and one oak tree located outside of the development area and will be required to be protected according to Development Code Section 22.38.140 during construction. 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. Additionally, the Code also allows the removal and replacement of said trees as referenced above under certain circumstances. As a result, it will be required that the oak and walnut trees cited for removal be replaced at a 3:1 ratio, minimum 24 inch box size The removal of the four oak trees and two walnut trees is appropriate due to their location within the proposed development pad. The development pad is located in the most logical place on the project site. Furthermore, the applicant has designed the proposed residence to respect the topography of the site which is required by the City's Hillside Management Standards. It will be required that the four oak trees and two walnut trees 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 trees and a grading plan delineating the protection barrier for the remaining oak and walnut 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. 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 and final landscape/irrigation plan collectively labeled as Exhibit "A" dated May 11, 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 twelve oak trees and six walnut trees which shall be at a 24 inch box size. The landscape plan should also include the size, quantity and species of all plant materials. The landscape plan shall also delineate plant material to be utilized for screening the rear wall. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The front yard setback shall be a minimum of 30 feet. Prior to construction and concrete placement of footing, the front setback shall be certified by an engineer approved by the City and at the applicant's expense. (f) The height of the proposed residence shall not exceed 35 feet from the natural or finished grade. Prior to the rough framing inspection, the height of the proposed addition shall be certified by an engineer approved by the City and at the applicant's expense. (g) Exterior balcony located at the main level and adjacent to the office shall be deleted. The applicant shall submit a revised site plan indicating this deletion for the Planning Division's review and approval prior to Plan Check submittal. (h) Depth of the garage section that accommodated two parking spaces not in tandem shall be a minimum of 20 feet. Prior to Plan Check submittal, the applicant shall submit a revised garage floor plan to the Planning Division for review and approval reflecting this adjustment. (i) Maximum exposed height of retaining walls within the rear and rear side yards shall not exceed eight feet. Retaining walls or any other structures within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. (j) If exterior construction occurs between October 1 and April 15, the Applicant shall submit an erosion control plan for the City's review and approval. 7 (k) 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 of all walls/retaining walls and retaining wall calculations. (1) 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. (m) If applicable, the Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (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) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. With the exception of the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study for the City's review and approval, prior to the issuance of any City permits. (p) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (q) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) shall to be incorporated into the project plans for both construction and post - construction activities. P (r) The proposed residence shall comply with the State Energy Conservation Standards. (s) Surface water shall drain away from the proposed structures at a two - percent minimum slope. (t) 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. (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 dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (u) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (v) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C exposure. (w) Building setback from top of slope at the rear of the property shall meet Section 18 of the 2001 California Building Code. (x) 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. (y) Height of the accessory structure shall be certified by a licensed engineer. (z) 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 the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public 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 parking problems in the neighborhood. 9 (aa) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement" to maintain a single-family residence only and no portion of this structure shall be rented, leased 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. (bb) 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. (cc) 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. (dd) 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. Nasser Ahmadi, 127 S. Brand Avenue, Glendale, CA 91204. and Mr. Mark Sebeti, 147 Islington Drive, Irvine, CA 92620. APPROVED AND ADOPTED THIS 11Th OF MAY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:—Z)1'!i/ Dan plan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of May 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: Nolan, Tanaka, Low, McManus, Tye None. None. None. ATTEST: ta � Ja DeStefa o, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-03, TREE PERMIT NO. 2004-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A FOUR LEVEL (SPLIT-LEVEL DESIGN) SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 11,300 SQUARE FEET INCLUDING A FOUR CAR GARAGE WITH ONE SPACE IN TANDEM, BALCONIES, VERANDA AND DECK. THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF 8 FEET AND SENT THE REMOVAL/ REPLACEMENT/PROTECTION OF OAK AND WALNUT TREES. THE PROJECT SITE IS LOCATED AT 2557 BLAZE TRAIL (LOT 138, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Mr. Nasser Ahmadi and the applicant, Mr. Mark Sebeti have filed an application for Development Review No. 2004-03, Tree Permit No. 2004- 02 and categorical exemption for a property located at 2557 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On April 23, 2004, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On April 29, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 11, 2004, the Planning Commission of the City 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 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 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 site is located at 2557 Blaze Trail (Lot 138, Tract No. 30578) within a gated community identified as 'The Country Estates". The project site is a long rectangle shape sloping downward to the rear property line. According to the Tract map, the project site is approximately 1.22 gross acres (53,143 gross square feet). The Tract Map does not indicate any easements, flood hazard areas or restricted use areas. (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 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zones and use surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e The Application request is to constrict a four level (split-level design) single-family residence of approximately 11,300 square feet including a four car garage with one space in tandem, balconies, veranda, and deck. The request also includes retaining walls of varying height not to exceed an exposed 8 foot height; and removal/replacement/ protection of oak and walnut trees. 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 criteria 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 prior to the General Plan's adoption. It complies with the General Plan land use designation of RR -Maximum 1 DU/AC in that the project site is 1.22 gross acres. The project site is a vacant infill lot cite for the development of a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks and height and maintain a lot coverage of 11 percent which is less the maximum allowed 30 percent. The proposed project is not unusual for 'The Country Estates"and is consistent with other development within this community. As a result, 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 will maintain its existing architectural style (Contemporary) and construction materials which are compatible with the eclectic architectural style, colors and material of other homes within (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. 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. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. Additionally, Blaze Trail 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 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 Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The architectural style of the proposed single-family residence is Contemporary and compatible with other residences within "The Country Estates" due to the eclectic architectural style that is existing in this area. Furthermore, most interesting elements of the proposed residence's architectural design are the multi-level floor plan, the varying planes at each elevation and the design follows the topography of the project site. 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 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 and a low level of maintenance 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 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 (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 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 judgement of the City of Diamond Bar. Tree (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (I The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; im 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 the tree(s); (n) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (o) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); 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; ( 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 (r) 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 applicant is requesting to remove four oak trees and two walnut trees which are located in the proposed development pad area. The. oak trees have a DBH varying from approximately 24 inches to 48 inches with the larger DBH on multi -trunk oak trees. The walnut trees have a DBH varying from approximately 15 to 15.5 inches with the larger DBH on a multi -trunk walnut tree. According to the arborist report prepared by Crown Oaks Arborists, the health of the trees trees and one oak tree located outside of the development area and will be required to be protected according to Development Code Section 22.38.140 during construction. 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. Additionally, the Code also allows the removal and replacement of said trees as referenced above under certain circumstances. As a result, it will be required that the oak and walnut trees cited for removal be replaced at a 3:1 ratio, minimum 24 inch box size The removal of the four oak trees and two walnut trees is appropriate due to their location within the proposed development pad. The development pad is located in the most logical place on the project site. Furthermore, the applicant has designed the proposed residence to respect the topography of the It will be required that the four oak trees and two walnut trees 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 trees and a grading plan delineating the protection barrier for the remaining oak and walnut 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 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 and final landscape/irrigation plan collectively labeled as Exhibit "A" dated May 11, 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, constriction, 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 twelve oak trees and six walnut trees which shall be at a 24 inch box size. The landscape plan should also include the size, quantity and species of all plant materials. The landscape plan shall also delineate plant material to be utilized for screening the rear wall. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) The front yard setback shall be a minimum of 30 feet. Prior to construction and concrete placement of footing, the front setback shall be certified by an engineer approved by the City and at the applicant's expense. (f The height of the proposed residence shall not exceed 35 feet from the natural or finished grade. Prior to the rough framing inspection, the height of the proposed addition shall be certified by an engineer approved by the City and at the applicant's expense. Exterior balcony located at the main level and adjacent to the office shall be deleted. The applicant shall submit a revised site plan indicating this deletion for the Planning Division's review and approval prior to Plan Check submittal. (h) Depth of the garage section that accommodated two parking spaces not in tandem shall be a minimum of 20 feet. Prior to Plan Check submittal, the applicant shall submit a revised garage floor plan to the Planning Division for review and approval reflecting this adjustment. (i) Maximum exposed height of retaining walls within the rear and rear side yards shall not exceed eight feet. Retaining walls or any other structures within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. If exterior construction occurs between October 1 and April 15, the Applicant shall submit an erosion control plan for the City's review and approval. (k) 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 of all walls/retaining walls and retaining wall calculations. 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. (m) If applicable, the Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (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) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. With the exception of the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study for the City's review and approval, prior to the issuance of any City permits. (p) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) shall to be incorporated into the project plans for both constriction and postconstruction activities. (r) The proposed residence shall comply with the State Energy Conservation Standards. Surface water shall drain away from the proposed structures at a twopercent minimum slope. (t) 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. (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 dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (u) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (v) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (w) Building setback from top of slope at the rear of the property shall meet Section18 of the 2001 California Building Code. (x) 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. Height of the accessory structure shall be certified by a licensed engineer. (z) 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 the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public 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 parking problems in the neighborhood. (aa) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement" to maintain a single-family residence only and no portion of this structure shall be rented, leased or sold separate and apart form the remaining portions of the property or stricture. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (bb) This grant is valid for two years and shall be exercised (i.e., constriction 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. (cc) 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. (dd) 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. Nasser Ahmadi, 127 S. Brand Avenue, Glendale, CA 91204, and Mr. Marls Sebeti, 147 Islington Drive, Irvine, CA 92620. 1 APPROVED AND ADOPTED THIS 11Th OF MAY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:-Z)(24A Yv ' '—' Dan olan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of May 2004, by the following vote: AYES: Commissioners: Nolan, Tanaka, Low, McManus, Tye NOES: Commissioners: None. ABSTAIN: Commissioners: None ABSENT: Commissioners: ATTEST Secretary 1