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HomeMy WebLinkAboutPC 2004-17PLANNING COMMISSION RESOLUTION NO. 2004-17 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-30/MINOR CONDITIONAL USE PERMIT NO. 2004-04 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,585 GROSS SQUARE FEET INCLUDING PORCHES, BALCONIES, COVERED PATIOS, AND FOUR CAR GARAGE; SITE IMPROVEMENTS INCLUDING RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT; POOL LOCATION; AND A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A CIRCULAR DRIVEWAY. THE PROJECT'S ADDRESS IS 2164 ROCKY VIEW ROAD (LOT 125, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Anil and Bhavina Patel, and Applicant, Pete Volbeda, have filed an application to approve Development Review No. 2003-30/Minor Conditional Use Permit No. 2004-04 for a property located at 2164 Rocky View Road, Diamond Bar, Los Angeles County, California and part of the gated development identified as the Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On April 22, 2004, 27 property owners within the project site's 500 -foot radius were mailed a public hearing notice. On April 29, 2004, the project's public hearing notification was published in the San Gabrielvalley Tribune and Inland Valley Daily Bulletin newspapers; three other locations were posted within the application's vicinity; and a public hearing notice display board was posted at the site. 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: The 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 determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project is in Tract 30091, Lot 126, approved by Los Angeles County in 1969. The property is approximately 1.25 gross acres, 54450 square feet, and has a situs address of 2164 Rocky View Road within the gated Country Estates community. The rectangular shape lot slopes down toward the canyon. There is a flood hazard area, and utility and street easements. The proposed pool is in the Flood Hazard Area, A Restricted Use Area was vacated by Los Angeles County in 1972. The property does not contain protected/preserved trees. (b) The project site's General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC and it is zoned Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000). (c) The R-1-40,000 zone surrounds the site. (d) The application is a request to construct a two story, single family residence of approximately 10,585 gross square feet including porches, balconies, covered patios, and four car garage; site improvements including retaining walls to a maximum six feet exposed height; pool location; and a Minor Conditional Use Permit approval for a circular driveway. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Pian, development standards of the applicable district, design guidelines, and architectural criteria for specialized area 2 (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The vacant project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted 1995 General Plan with a Rural Residential land use designation (Max. 1 du/acre). The proposed use is zoned for single-family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures, circular driveway, and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The applicant has not obtained the approval of The Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. (f) 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. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a single-family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Rocky View Road. This private street is designed to handle minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The proposed project's architectural style is Mediterranean. The project's architectural features for curb appeal include balconies with columns and balusters; two story entry/foyer with glass and columns; arched windows; porte cochere, perpendicular garages, and circular driveway; layering of materials with La Habra Dove Grey (light grey) 3 stucco and painted trims of Dunn Edwards, White, SP-] for the fascia, bands, balusters, and window treatments, and multi-levels of clay roof lines of Cocoa (multi -colored browns) to add texture and contrast. The rear of the structure has a covered patio and balconies with columns and balusters. The Applicant has not received the approval of the Country Estates Homeowners Association Architectural Committee. With the added approval condition for more landscaping to screen the retaining wall in the rear and side yards and with a maximum height of six feet, the walls are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) 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. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i} The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Rocky View Road is aptly named. The parcels on Rocky View Road generally follow the ridgeline and slope from the street downward to the rear of the lots as does the subject site. By maintaining the allowed 35 feet height, the proposed residential structure allows its neighbors view corridors. Therefore, the proposed residence will not have significant detrimental view blockage impact. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303(a). 4 MINOR CONDITIONAL USE PERMIT (k) 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 Municipal Code. As stated in Items (e -i), the proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and the flatwork is less than 50 percent of the front yard. The project's streetscape architectural features and design include the two story porte cochere and porch entry with columns. The perpendicular garage and circular driveway hide the typical garage door feature. This adds variation and stateliness at the streetscape. The circular driveway with the above features adds to the project's grandeur. The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc., are compatible in the vicinity and the site is physically suitable and absent of physical constraints. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (k), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in items (k), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (k), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 5 (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, sections, landscape plan, grading/retaining wall plan and materials/colors board collectively labeled as Exhibit "A" dated May 11, 2004, as submitted to and approved by the Planning Commission and as amended herein. (b) The subject site shall be maintained in a condition that 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 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall provide temporary sanitation facilities while under construction. 1.1 PUBLIC WORKS/BUILDING AND SAFETY (e) As required by the City Engineer or Building Official, a geotechnical report shall be submitted from a California licensed Geotechnical Engineer. The soils report for the proposed improvements will be reviewed and approved by the Public Works Division prior to issuance of grading or retaining wall permits. The soils report shall reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (f) If applicable and prior to any City permit, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (g) Before the issuance of any City permits, Best Management Practices (BMP's) shall be required to be incorporated into the project plans for both construction and post -construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP Fact Sheets can be obtained through this Division. (h) A Precise Drainage and Grading Plan shall be prepared in accordance with City requirements by a California licensed Civil Engineer. (i) The Precise Grading Plan shall show the location of any retaining walls and elevations for the top of wall/footing and the finished grade on both sides of the retaining wall. (j) Applicant shall delineate construction details with calculations for retaining walls and shall submit a Precise Grading Plan. (k) Retaining walls shall be submitted to the City's Building and Safety Division for approval and shall not exceed a maximum exposed height of 42 inches in the front 30 feet setback or 6 feet exposed height thereafter. (I} The Applicant shall provide service connections for water, sewer, gas, electric, etc. (m) Before the issuance of any permits issued between October 131 and April 15'", an Erosion Control Plan shall be required. (n) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street. With the exception of the drainage to the adjacent private street, no on-site 7 drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the Applicant shall provide a hydrology study. (o) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (p) Driveway slope shall be shown on pians. (q) Surface water shall drain away from building at 2 percent minimum slope. (r) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (s) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (t) A Fire Department approval shall be required. The single-family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed 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 nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/2 inch screen. (u) This single-family structure shall meet the State Energy Conservation Standards. (v) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (w) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. E:] (x) The proposed pool in the flood hazard area shall be subject to approval by the Public Works Division and the approval of a plan to route the flow. (y) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (z) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (aa) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (bb) Pool/spa shall require separate building permit. PLANNING DIVISION (cc) A final landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. (dd) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (ee) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet shall include the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (ff) Skylight notations for the patio cover roof on sheet one shall be clarified with the Planning Division or removed prior to Plan check submittal. (gg) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood 9 and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (hh) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (ii) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. 0j) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension 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 Municipal Code. (kk) 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 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. (II) 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 10 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Anil and Bhavina Patel, 18603 Jeffrey Avenue, Cerritos, CA 90703 and Pete Volbeda, 615 North Benson Avenue, Unit D, Upland, CA 91786. APPROVED AND ADOPTED THIS 11th DAY OF MAY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of May 2004, by the following vote: AYES: Commissioners: Tye, WC Tanaka, Low, McManus, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: — None. ATTEST: Jar*et DeStefano, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-30/MINOR CONDITIONAL USE PERMIT NO. 2004-04 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,585 GROSS SQUARE FEET INCLUDING PORCHES, BALCONIES, COVERED PATIOS, AND FOUR CAR GARAGE; SITE IMPROVEMENTS INCLUDING RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT; POOL LOCATION; AND A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A CIRCULAR DRIVEWAY. THE PROJECT'S ADDRESS IS 2164 ROCKY VIEW ROAD (LOT 126, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Anil and Bhavina Patel, and Applicant, Pete Volbeda, have filed an application to approve Development Review No. 2003-30/Minor Conditional Use Permit No. 2004-04 for a property located at 2164 Rocky View Road, Diamond Bar, Los Angeles County, California and part of the gated development identified as the Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On April 22, 2004, 27 property owners within the project site's 500 -foot radius were mailed a public hearing notice. On April 29, 2004, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; three other locations were posted within the application's vicinity; and a public hearing notice display board was posted at the site. 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. The 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 determines that the project identified in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(x) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project is in Tract 30091, Lot 126, approved by Los Angeles County in 1969. The property is approximately 1.25 gross acres, 54450 square feet, and has a situs address of 2164 Rocky View Road within the gated Country Estates community. The rectangular shape lot slopes down toward the canyon. There is a flood hazard area, and utility and street easements. The proposed pool is in the Flood Hazard Area. A Restricted Use Area was vacated by Los Angeles County in 1972. The property does not contain protected/preserved trees. (b) The project site's General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC and it is zoned Single Family Residential - Minimum Lot Size 40,000 square feet (R-1-40,000). (c) The R-1-40,000 zone surrounds the site. (d) The application is a request to construct a two story, single family residence of approximately 10,585 gross square feet including porches, balconies, covered patios, and four car garage; site improvements including retaining walls to a maximum six feet exposed height; pool location; and a Minor Conditional Use Permit approval for a circular driveway. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments.) The vacant project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted 1995 General Plan with a Rural Residential land use designation (Max. 1 du/acre). The proposed use is zoned for single-family residence at R-1- 40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures, circular driveway, and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The applicant has not obtained the approval of The Country Estates Homeowners Association Architectural Committee. There is no specific or additional (f 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. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a single-family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and The project site is adequately served by Rocky View Road. This private street is designed to handle minimum traffic created by this type of development. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The proposed project's architectural style is Mediterranean. The project's architectural features for curb appeal include balconies with columns and balusters; two story entry/foyer with glass and columns, arched windows, porte cochere, perpendicular garages, and circular driveway; layering of stucco and painted trims of Dunn Edwards, White, SP -1 for the fascia, bands, balusters, and window treatments, and multi- levels of clay roof lines of Cocoa (multi -colored browns) to add texture and contrast. The rear of the structure has a covered patio and balconies with columns and balusters. The Applicant has not received the approval of the Country Estates With the added approval condition for more landscaping to screen the retaining wall in the rear and side yards and with a maximum height of six feet, the walls are compatible with the neighborhood. Many homes in the Country Estates have (h) 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. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Rocky View Road is aptly named. The parcels on Rocky View Road generally follow the ridgeline and slope from the street downward to the rear of the lots as does the subject site. By maintaining the allowed 35 feet height, the proposed residential structure allows its neighbors view corridors. Therefore, the proposed residence will not have significant The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303(x). MINOR CONDITIONAL USE PERMIT (k) 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 Municipal Code. As stated in Items (e -i), the proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and the flatwork is less than 50 percent of the front yard. The project's streetscape architectural features and design include the two story porte cochere and porch entry with columns. The perpendicular garage and circular driveway hide the typical garage door feature. This adds variation and stateliness at the streetscape. The circular driveway with the above features adds to the project's grandeur. The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc., are compatible in the vicinity and the site is physically suitable and absent of physical (I The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (k), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (m The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (k), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (k), the subject site is physically suitable for the type and densityhntensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, sections, landscape plan, grading/retaining wall plan and materials/colors board collectively labeled as Exhibit "A" dated May 11, 2004, as submitted to and approved by the Planning Commission and as amended herein. (b) The subject site shall be maintained in a condition that 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 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall provide temporary sanitation facilities while under construction. PUBLIC WORKS/BUILDING AND SAFETY (e) As required by the City Engineer or Building Official, a geotechnical report shall be submitted from a California licensed Geotechnical Engineer. The soils report for the proposed improvements will be reviewed and approved by the Public Works Division prior to issuance of grading or retaining wall permits. The soils report shall reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (f If applicable and prior to any City permit, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. Before the issuance of any City permits, Best Management Practices (BMP's) shall be required to be incorporated into the project plans for both constriction and post -constriction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP Fact Sheets can be obtained through this Division. (h) A Precise Drainage and Grading Plan shall be prepared in accordance with City requirements by a California licensed Civil Engineer. (i The Precise Grading Plan shall show the location of any retaining walls and elevations for the top of wall/footing and the finished grade on both sides of the retaining wall. Applicant shall delineate constriction details with calculations for retaining walls and shall submit a Precise Grading Plan. (k) Retaining walls shall be submitted to the City's Building and Safety Division for approval and shall not exceed a maximum exposed height of 42 inches in the front 30 feet setback or 6 feet exposed height thereafter. (1) The Applicant shall provide service connections for water, sewer, gas, electric, etc. (m Before the issuance of any permits issued between October 1St and April 15th, an Erosion Control Plan shall be required. (n) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street. With the exception of the drainage to 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. (o) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. 0 Driveway slope shall be shown on plans. Surface water shall drain away from building at 2 percent (r) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (s) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (t) A Fire Department approval shall be required. The single-family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed 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 nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (u) This single-family structure shall meet the State Energy Conservation Standards. (v) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (w) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the (x) The proposed pool in the flood hazard area shall be subject to approval by the Public Works Division and the approval of a plan to route the flow. ( Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (z) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (aa) The single-family stricture shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (bb) Pool/spa shall require separate building permit. PLANNING DIVISION (cc) A final landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. (dd) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (ee) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the stricture to the highest point of the roofline. The 35 feet shall include the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential stricture meets this requirement and submit it to the Building and Safety Division for review and approval. (ff Skylight notations for the patio cover roof on sheet one shall be clarified with the Planning Division or removed prior to Plan check submittal. (gg The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (hh) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (ii) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one(1) year extension 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 Municipal Code. (kk) 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 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. (11) 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: 1 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Anil and Bhavina Patel, 18603 Jeffrey Avenue, Cerritos, CA 90703 and Pete Volbeda, 615 North Benson Avenue, Unit D, Upland, CA 91786. APPROVED AND ADOPTED THIS 11th DAY OF MAY 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of May 2004, by the following vote: AYES: Commissioners: Tye, WC Tanaka, Low, McManus, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: - None. ATTEST oq-� f Ja DeStefan , Secretary 1