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HomeMy WebLinkAboutPC 2004-22PLANNING COMMISSION RESOLUTION NO. 2004-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-27, TREE PERMIT NO. 2003-08 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 15,504 SQUARE FEET INCLUDING TWO FOUR -CAR GARAGES GUEST UNIT, POOL HOUSE WITH PATIO COVER, VERANDA AND BALCONIES. THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET, SWIMMING POOUSPA, POND AND THE PROTECTION OF WALNUT TREES. THE PROJECT SITE IS LOCATED AT 3015 WAGON TRAIN LANE (LOT 19, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owners, Ben Yi and lyun Yi, and the applicant, Nick C. Kuik, have filed an application for Development Review No. 2003-27, Tree Permit No. 2003-08 and categorical exemption for a property located at 3015 Wagon Train Lane, 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 June 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 8, 2004, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site. On June 8, 2004, the project site was posted with a public hearing notice display board and the public notice was posted in three public places. 3. On June 22, 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 3015 Wagon Train Lane (Lot 19, Tract No. 30289) within a gated community identified as `The Country Estates". The project site is an irregular rectangle shape widening at the front property line and sloping downward to rear and side (west) property lines. According to the Tract map, the project site is approximately 1. 36 gross acres (59,433) gross square feet). Also, the Tract Map indicates that the project site does not contain flood hazard 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 zone surrounds 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 three-story single-family residence with two four -car garages(attached and detached), guest unit above the detached garage, pool house, patio covers, veranda, and balconies totaling to approximately 15,504 square feet. Additionally, the request includes a series of retaining walls within the front, side and rear yards with a maximum exposed height of six feet, pond, and tennis court and swimming pool/spa within the rear yard. The Tree Permit is related to the protecting existing walnut trees on the project site. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural 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. 30289, Lot 19 (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 1.36 gross acres. The project site was developed with a one-story single-family residence of approximately 4,000 square feet with a two car garage. On March 31, 2004, a demolition permit was issued. As a result, the project site is a vacant lot cite for the development of a single-family residence as describe above in item 4. (e). The proposed project, as conditioned herein, is consistent with the General Plan in that it will maintain the integrity and does not degrade this residential area. The proposed project, as conditioned, will maintain the required development standards for the Rural Residential zoning district (i.e., setbacks, height, a lot coverage of approximatelyl0 percent which is less the maximum allowed 30 percent, architectural style, etc.). The proposed project is not unusual for `The Country Estates" and is consistent with other development within that gated 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. (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 findings (f) and (g), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials will be compatible and visually harmonious with other residences within this gated community. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. Additionally, Wagon Train Lane adequately serves the project site and was established to handle minimum traffic created by this type of 3 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 developrr*nt is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. According to the applicant, the architectural style of the proposed single-family residence is Classical Modem and compatible with other residences within `The Country Estates" due to the eclectic architectural style that exists in this area. Furthermore, the most interesting elements of the proposed residence's architectural design are the Corinthian style columns that flank the entry, the (design and arrangement of windows) which are different for each level of the proposed residential structure, terrace/veranda, mouldings, dome shape segment that will house an office and library and varying planes at each elevation. The design and site planning of the proposed project 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 not an 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 4 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); Pursuant to the provisions of the California Environmental Quality Act (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 1.1 surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Rep I acement/Re location Standards. The project site contains three walnut trees. The walnut. trees are located within the side yard adjacent to west property line (see conceptual grading plan). The applicant is requesting to preserve the walnut trees. Pursuant to Development Code Section 22.38.140, it will be required that the walnut trees be protected by enclosing said trees with chain-link fencing with a minimum height of five feet and at least five feet outside the drip line of the trees to be protected. No grade changes, new equipment, debris of any kind shall be placed within the protective barrier. Protective fencing shall be located on the final grading plan and shall be installed and verified by a City inspector prior to the issuance of any City permits. Fencing shall 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 June 22, 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 plant species, size and quantity. Additionally, said plan shall delineate plant species utilized to screen rear and side yard retaining walls. Landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. 0 (d) Prior to construction, the applicant shall install temporary construction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. (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) Retaining walls within the rear and side yards shall not exceed an exposed height of six feet. Retaining walls/walls and any other structures located within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. (h) Prior to the issuance of any City permits, the applicant shall submit a detail for the lighting fixtures and tennis court fencing for the City's review and approval. Fencing shall not exceed 10 feet in height. This height shall include retaining wall upon which the fencing is located. (i) Tennis court lighting shall comply with standards listed within Development Code Section 22.16.050. (j) Pursuant to Urgency Ordinance No -01 -A (2004), the guest unit shall not exceed 500 square feet in area. The guest unit shall comply with Development Code Section 22.42.60 which is as follows: (1) Shall be intended for temporary. living quarters located on the same premises with the main dwelling, for use by guests of the occupants of the premises; (2) Shall not be rented or otherwise used as the separate dwelling; (3) Utilities shall be common to and dependent on the main dwelling; separate utility meters are prohibited; (4) Kitchen or other cooking facilities are prohibited; and (5) Subdividing the main dwelling from the guest house shall be prohibited. (k) Prior to the issuance of any City permits, the applicant shall submit a grading plan, for the City's review and approval, that delineates the three walnut trees cited for protection. Said trees shall be protected in accordance with Development Code Section 22.38.140 and shall be. enclosed by chain-link fencing with a minimum height of five feet and N at least five feet outside the drip line of the trees to be protected. No grade changes, new equipment, debris of any kind shall be placed within the protective barrier. Prior to the issuance of any City permits, protective fencing shall be installed and verified by a City inspector. Fencing shall remain until final inspection or issuance of Certificate of Occupancy. {I) If exterior construction occurs between October 1 and April 15 and prior to the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. (m) 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.; (4) Location of retaining walls; and (5) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. (n) 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 retaining walls. (o) Prior to the project's final inspection, the applicant shall obtain a Rough Grade and Fine Grade Certification. (p) 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. (q) 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 0 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. (r) Applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (s) 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 be incorporated into the project plans for both construction and post -construction activities. (t) The proposed residence shall comply with the State Energy Conservation Standards. (u) Surface water shall drain away from the proposed structures at a two - percent minimum slope. (v) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone as follows: (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 114 inch or more than 112 inch in dimension except where such openings are equipped with sash or door; and (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (w) 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. (x) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (y) 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. E (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 that the guest house or pool house shall not be rented, leased or sold separate and apart from any portions of the property or structure(s). 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. 10 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: Ben Yi and lyun Yi, 21887 Golden Canyon Drive, Diamond Bar, CA 91765 and Nick C. Kuik, 11232 Hoyter Avenue, Culver City, CA 90230. APPROVED AND ADOPTED THIS 22ND OF JUNE 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIA�OND BAR. 1 BY: an Nolan, 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 22nd day of June, 2004, by the following vote: AYES: Commissioners: NOES: None ABSTAIN: None ABSENT: None ATTEST: Tye, McManus, Low, VC/Tanaka, C/Nolan DeSt4fano, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-27, TREE PERMIT NO. 2003-08 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 15,504 SQUARE FEET INCLUDING TWO FOUR -CAR GARAGES GUEST UNIT, POOL HOUSE WITH PATIO COVER, VERANDA AND BALCONIES. THE REQUEST ALSO INCLUDES RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET, SWIMMING POOL/SPA, POND AND THE PROTECTION OF WALNUT TREES. THE PROJECT SITE IS LOCATED AT 3015 WAGON TRAIN LANE (LOT 19, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Ben Yi and lyun Yi, and the applicant, Nick C. Kuik, have filed an application for Development Review No. 2003-27, Tree Permit No. 2003-08 and categorical exemption for a property located at 3015 Wagon Train Lane, 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 June 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 8, 2004, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site. On June 8, 2004, the project site was posted with a public hearing notice display board and the public notice was posted in three public places. 3. On June 22, 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 3015 Wagon Train Lane (Lot 19, Tract No. 30289) within a gated community identified as "The Country Estates". The project site is an irregular rectangle shape widening at the front property line and sloping downward to rear and side (west) property lines. According to the Tract map, the project site is approximately 1. 36 gross acres (59,433) gross square feet). Also, the Tract Map indicates that the project site does not contain flood hazard 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 zone surrounds the project site: to the north, south, east and west is the R-1 -20,000 Zone. The Application request is to constrict a three-story single-family residence with two four -car garages (attached and detached), guest unit above the detached garage, pool house, patio covers, veranda, and balconies totaling to approximately 15,504 square feet. Additionally, the request includes a series of retaining walls within the front, side and rear yards with a maximum exposed height of six feet, pond, and tennis court and swimming pool/spa within the rear yard. The Tree Permit is related to the protecting existing walnut trees on the project site. Development Review (f The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural 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. 30289, Lot 19 (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 1.36 gross acres. The project site was developed with a one-story single-family residence of approximately 4,000 square feet with a two car garage. On March 31, 2004, a demolition permit was issued. As a result, the project site is a vacant lot cite for the development of a single-family residence as describe above in Item 4. (e). The proposed project, as conditioned herein, is consistent with the General Plan in that it will maintain the integrity and does not degrade this residential area. The proposed project, as conditioned, will maintain the required development standards for the Rural Residential zoning district (i.e., setbacks, height, a lot coverage of approximately/O percent which is less the maximum allowed 30 percent, architectural style, etc.). The proposed project is not unusual for 'The Country Estates" and is consistent with other development within that gated 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. 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 findings (f) and (g), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials will be compatible and visually harmonious with other residences within this gated community. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. Additionally, Wagon Train Lane adequately serves the project site and was established to handle minimum 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 develops*nt is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. According to the applicant, the architectural style of the proposed single-family residence is Classical Modem and compatible with other residences within 'The Country Estates" due to the eclectic architectural style that exists in this area. Furthermore, the most interesting elements of the proposed residence's architectural design are the Corinthian style columns that flank the entry, the (design and arrangement of windows) which are different for each level of the proposed residential structure, terrace/veranda, mouldings, dome shape segment that will house an office and library and varying planes at each elevation. The design and site planning of the proposed project 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, orderlyand attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General (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 Tree 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 (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. (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; (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); 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 project site contains three walnut trees. The walnut trees are located within the side yard adjacent to west property line (see conceptual grading plan). The applicant is requesting to preserve the walnut trees. Pursuant to Development Code Section 22.38.140, it will be required that the walnut trees be protected by enclosing said trees with chain-link fencing with a minimum height of five feet and at least five feet outside the drip line of the trees to be protected. No grade changes, new equipment, debris of any kind shall be placed within the protective barrier. Protective fencing shall be located on the final grading plan and shall be installed and verified by a City inspector prior to the issuance of any City permits. Fencing shall remain until final inspection or issuance of Certificate 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 June 22, 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 constriction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to constriction 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 plant species, size and quantity. Additionally, said plan shall delineate plant species utilized to screen rear and side yard retaining walls. Landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. (d) Prior to constriction, the applicant shall install temporary constriction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. (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. Retaining walls within the rear and side yards shall not exceed an exposed height of six feet. Retaining walls/walls and any other structures located within the 30 foot front yard setback shall not exceed an exposed height of 42 inches. (h) Prior to the issuance of any City permits, the applicant shall submit a detail for the lighting fixtures and tennis court fencing for the City's review and approval. Fencing shall not exceed 10 feet in height. This height shall include retaining wall upon which the fencing is located. (i Tennis court lighting shall comply with standards listed within Development Code Section 22.16.050. (j Pursuant to Urgency Ordinance No.01-A (2004), the guest unit shall not exceed 500 square feet in area. The guest unit shall comply with Development Code Section 22.42.60 which is as follows: (1 Shall be intended for temporary. living quarters located on the same premises with the main dwelling, for use by guests of the occupants of the premises; Shall not be rented or otherwise used as the separate dwelling; Utilities shall be common to and dependent on the main 2 dwelling; separate utility meters are prohibited; Kitchen or other cooking facilities are prohibited; and Subdividing the main dwelling from the guest house shall be prohibited. (k) Prior to the issuance of any City permits, the applicant shall submit a grading plan, for the City's review and approval, that delineates the three walnut trees cited for protection. Said trees shall be protected in accordance with Development Code Section 22.38.140 and shall be enclosed by chain-link fencing with a minimum height of five feet and at least five feet outside the drip line of the trees to be protected. No grade changes, new equipment, debris of any kind shall be placed within the protective barrier. Prior to the issuance of any City permits, protective fencing shall be installed and verified by a City inspector. Fencing shall remain until final inspection or issuance of Certificate of Occupancy. If exterior construction occurs between October I and April 15 and prior to the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. 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: ( Cut and fill quantities with 1 calculations; Existing and proposed topography; Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices ( as well as exiting drainage devices on site.; 4 Location of retaining walls; and (n) 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 retaining walls. (o) Prior to the project's final inspection, the applicant shall obtain a Rough Grade and Fine Grade Certification. 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 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. (r) Applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (s 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 be incorporated into the project plans for both constriction and post -constriction activities. (t) The proposed residence shall comply with the State Energy Conservation Standards. (u) Surface water shall drain away from the proposed strictures at a twopercent minimum slope. (v) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone as follows: (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; and (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (w 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. (x) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. Prior to the issuance of any constriction permits, the applicant shall submit constriction plans to the Los Angeles County Fire Department for review and approval. (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 that the guest house or pool house shall not be rented, leased or sold separate and apart from any portions of the property or structure(s). 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. 1 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: Ben Yi and Iyun Yi, 21887 Golden Canyon Drive, Diamond Bar, APPROVED AND ADOPTED THIS 22ND OF JUNE 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAL tIOND BAR. I BY: 'V ah Nolan, 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 22nd day of June, 2004, by the following vote: AYES: Commissioners: Tye, McManus, Low, VC/Tanaka, C/Nolan NOES: None ABSTAIN: None ABSENT: None ATTEST: Ja es DeSt fano, Secretary 1