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HomeMy WebLinkAboutPC 2004-26PLANNING COMMISSION RESOLUTION NO. 2004-26 A RESOLUTION OF THE PLj DIAMOND, BAR APPROVING D PERMIT NO 2004-04 AND CAI CONSTRUCT A TWO-STOR) PARTIAL SUBTERRANEAN E FLOOR AREA OF APPROXIMI PORCHES, BALCONIES, COVE ENCLOSURE AND A 5 -CAR GI RETAINING WALLS OF VAF EXPOSED HEIGHT OF EIGI REMOVAL/REPLACEMENT/PR PROJECT SITE IS LOCATED TRACT NO. 30578), DIAMOND RECITALS A. The property owner, Li Zh Lee) have filed an applicc Permit No. 2004-04 and 2834 Wagon Train Lane, Hereinafter in this Resoluti and categorical exemptior B. On July 2, 2004, public h property owners within a site was posted with a diz three public places. On Jul, project was provided in th Daily Bulletin, newspapers. INNING COMMISSION OF THE CITY OF VELOPMENT REVIEW NO. 2004-1II/TREE EGORICAL EXEMPTION, A REQUEST TO SINGLE FAMILY DWELLING WITH A 1ASEMENT CONTAINING A COMBINED TELY 13,737 SQUARE FEET (INCLUDING 3ED PATIOS, VERANDA, SWIMMING POOL LRAGE). THE REQUEST ALSO INCLUDES YING HEIGHTS NOT TO EXCEED AN iT FEET AND TENNIS COURT; AND :)TECTIQN OF WALNUT TREES. THE AT 2834 WAGON TRAIN LANE (LOT 73, BAR, CALIFORNIA. _ io and the applicant, S&W Development (Simon tion for Development Revibw No. 2004-11/Tree :ategorical exemption for a property located at Diamond Bar, Los Angeles County, California. )n, the subject Development Review/Tree Permit shall be referred to as the "Application." aring notices were mailed to approximately 42 10 -foot radius of the project site and the project play board and the public notice was posted in 2, 2004, notification of the public hearing for this San Gabriel Valley Tribune and Inland Valle C. On July 13, 2004, the Planing Commission of the City of Diamond Bar conducted and concluded duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commissic this Resolution is categor California Environmental thereunder. Furthermore, judgment of the City of Di C. The Planning Commissior having considered the rec below, and changes and al conditioned upon the propc evidence before this Planni will have the potential of habitat upon which the wild this Planning Commission f contained in Section 753. Regulations. D. Based on the findings a Commission hereby finds The project site is io No. 30578) within a Estates". The prof( ascending slope at & mid -lot begins a des line. According to the gross acres (47,044 hereby finds that the project identified above in ally exempt pursuant to Section 15303 (a) of the luality Act (CEQA) and guidelines promulgated ie categorical exemption reflects the independent mond Bar. hereby specifically finds and determines that, rd as a whole including the findings set forth ,rations which have been incorporated into and ed project set forth in the application, there is no g Commission that the project proposed herein i adverse effect on wild life resources or the e depends. Based upon substantial evidence, �reby rebuts the presumption of adverse effects (d) of Title 14 of the California Code of conclusions set forth herein, this Planning follows: ated at 2834 Wagon Train lane (Lot 73, Tract gated community identified as "The Country -t site is fairly rectangular in shape with an private street frontage, which at approximately ending slope towards the rear (east) property Fract map, the project site is approximately 1.08 quare feet). 2. The project site has 4 General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. 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) Zon . 4. Generally, the followi g zones and use surround the project site: to the north, south, east Ond west is the R-1-20,000 Zone. 5. The Application requ dwelling with a partial floor area of approxir balconies, covered pe 5 -car garage). The re heights not to exceed st is to construct a three-story single family ubterranean basement containing a combined ately 13,737 square feet (including porches, ios, veranda, swimming pool enclosure and a guest also includes retaining walls of varying >xposed height of eight feet and tennis court. The Tree Permit is related to the removal and replacement of five (5) walnut trees and th protection of two (2) walnut trees on the project site. E. Development Review In accordance with Sect on 22.48.040 (Findings and Decision) of the Diamond Bar Developmer t Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improve ents and on and off-site safety measures: 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 developme ts). The project site is estate parcel of Jan July 25, 1995, the project complies wii strategies. The project site is single-family residej consistent with the ( and not degrade th conditioned within th, height requirements Project is not unusua other development 14 project complies with the City's Design Gc residential neighbor proposed project will and construction ma architectural style, cc Country Estates'; 2. The design and layou with the use and f development, and wil in existing developed single-family residential located in the developed "County Estates': On ty adopted its General Plan, and the proposed the General Plan land use goals, objectives and vacant infill lot site for the development of a ce. The proposed project as conditioned is ;eneral Plan in that it will maintain the integrity s residential area. The proposed project, as 3 resolution, will maintain the required setbacks, and lot coverage provisions. The proposed for "The Country Estates"and is consistent with thin this community. As a result, the proposed the General Plan objectives and strategies and idelines related to maintaining the integrity of roods and open space. Furthermore, the maintain an architectural style (Mediterranean) erials, which are compatible with the eclectic lors, and material of other homes within "The of the proposed development will not interfere njoyment of neighboring existing or future not create traffic or pedestrian hazards. The project site is an existing vacant single-family residential estate parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Wagon Train Lane adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The ountry Estates" are private streets managed and maintained by th homeowners association within this gated community. 3. 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 proje t is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will main t in the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. 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. The "Mediterranean" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values orresale(s) of property) to the properties or improvements in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through thepermit and inspection process will ensure that the proposed project ill not be detrimental to the public health, safety 4 or welfare nor will it be materially injurious to the properties or improvements in tt e vicinity. 6. The proposed pro ect has been reviewed in compliance with the provisions of the C lifornia Environmental Quality Act (CEQA). The environment Categorically Exe Environmental Qi Class 3 (a) (New The categorical e. City of Diamond E F. Tree Permit evaluation shows that the proposed project is :)t pursuant to the guidelines of the California tyActof 1970 (CEQA), Article 19, Section 15303 instruction or Conversion of Small Structure). , nption reflects the independent judgment of the (It shall be necessary that one or more of the following findings is made, otherwise the applications all be denied.) _ The tree is so p orly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; 2. 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); 3. The tree is a potential public health and safety hazard due to the risk of it falling and its str ctural instability cannot be remediated; 4. The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); 5. 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; 6. 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 7. Preservation of the tree is not feasible and would compromise the property owner's roe sonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocat on Standards. 5 There exist seven (7) large mature walnut trees located in the northwesterly portion of the property (see sheet A-6). Five (5) of the trees are within the proposed building footprint. Based on the applicant's certified arbodst report, the walnut trees range in diameter between 4 and 12 ir ches, and a canopy of 6 to 50 feet. As explained in Section 22.38.010 of the Code, trees are an important natural resource, contributir g to the environment by replenishing oxygen and counteracting air pollution, controlling erosion, and providing wildlife habitat. The City's General Plan requires the preservation and maintenance of nativ a trees including walnuts. The intent is to protect and preserve these i rees and when removal is allowed as a result of new development to require their replacement. Because of the loca retaining walls, staff have to be removed. that efforts have bec undue hardship to thi accordance with Sec that the walnut tree minimum 24 -inch b protected according i to the issuance of an submit a revised , delineating the locatic the protection Barrie, review and approval installed and inspectf remain until final inso G. Based on the findings Commission hereby ap conditions: ion of the building pad and the recommended has assessed that five of the seven trees will Staff believes that the request is acceptable, and n made to retain the trees without causing an applicant's enjoyment of property. However, in Yon 22.38.130 of the Code, staff recommends be replaced at a minimum 3:1 ratio with a ox size and the remaining walnut trees be Development Code Section 22.38.140. Prior i City permits, the applicant will be required to 3ndscape/irrigation plan and grading plan n and size of the replacement walnut trees and for the remaining walnut trees for the City's It will be required that protective fencing be d prior to the issuance of any City permits and ?ct or issuance of Certificate of Occupancy. conclusions set forth above, the Planning s the Application subject to the following The project shall substantially conform to site plan, floor plans, elevations, land scap /irrigation plan, grading plan and materials/ colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on July 13, 2004, and as amended herein. 2. The site shall be ma both during and after the entitlement grantE refuse, whether durin only by the property of contractor, who has bi transportation, and tained in a condition, which is free of debris e construction, addition, or implementation of herein. The removal of all trash, debris, and or subsequent to construction shall be done ier, the applicant or by a duly permitted waste ?n authorized by the City to provide collection, isposal of solid waste from residential, commercial, constaiction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained perm is from the City of Diamond Bar to provide such services. 3. The applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the Planning Division. The plan shall provide for a variety of grasses and ground cover, flow ring plants, and shrubs and trees. Said plant material shall also be utilized to screen the retaining walls. The five (5) walnut trees shall be replaced at a minimum 3:1 ratio with a minimum 24 -inch ox size and the remaining walnut trees be protected according to Development Code Section 22.38.140. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 4. Maximum height of the residence shall not exceed 35 feet from the finish grade at any a terior wall of the structure to the highest point of the roof line. 5. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The si gle-family residence shall not be used for commercial/institutio ial purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance o which create traffic and parking problems in the neighborhood. 6. The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the twos Angeles County's Recorder's Office prior to the issuance of a building permit. 7 The exposed faces of the retaining walls within the rear portion of the project site shall notexceed a maximum height of eight feet and have a decorative finish to match the building design, and be heavily landscaped for added aesthetics. If applicable, walls and structures within the 30 foot front yard setback shall not exceed 42 inches in height. 8. Prior to the issuance of any City permits, the applicant shall submit a detail of the tennis court fencing and lighting for the Planning Division review and approval. Lighting and fencing shall comply with Development Code Sections 22.16.05 (e) and 22.42.110(7) a. 9. All construction acti ity shall be in conformity with the requirements and limitations of t e City of Diamond Bar Municipal Code as implemented by the uilding and Safety Division. 10. 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. The Applicant shall provide tempor ry sanitation facilities while under construction. 11. The single-family str cture shall meet the 2001 California Building Code, California Plu bing Code, California Mechanical Code, and California Electrical Code requirements. 12. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 13. The single-family structure is located in "Fre Zone 4" and shall meet the following require ents of that fire zone: 14. a. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire st pped at the eaves to preclude entry of the flame or memb rs under the fire; b. All enclosed uner-floor areas shall be constructed as exterior walls; C. AIi openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/ inch nor more than 1/z inch in any dimension except where such openings are equipped with sash or door. This single-family strut ure shall meet the State Energy Conservation Standards. 15. Retaining wall permits hall be obtained from the Building and Safety Division. 16 The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 17. Prior to the issua required to submit Public Works an preparation of the., shall be in compli, soils report. 18. Prior to the issuanc erosion control pla control plan shall cc System (NPDES) Management Prac Stormwater Mitig4 provisions shall be plans. Further detai the Public Works/E e of any City permits, the applicant shall be final grading plan and soils report for the City's Building Division review and approval. The 1 and the construction of the proposed structures :e with the recommendations set forth in such of any City permits, the applicant shall submit an for the City's review and approval. The erosion 1form to National Pollutant Discharge Elimination tandards and incorporate the appropriate Best ices (BMP's) to satisfy the Standard Urban ion Plan (SUSMP) requirements. SUSMP )repared and submitted as part of the grading on SUSMP requirements shall be obtained from gineering Division. 19. Prior to the issuance of any City permits, drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any oermit issuance; surface water shall drain away from the building at a 2% minimum slope. 20. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork 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 reviewand approval. The precise grading plan shall delineate the followi a: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; ' (c) Flow lines ar d drainage/drainage outlets and hydrology calculations s devices as iowing the capacity of proposed drainage wel as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining wall calculations. 21. Prior to the issuance f any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 22. Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of any City permits. 19 23. Prior to the issuanc application for sea Department of Publ of any City permits, the applicant shall make an ,r connection with the Los Angeles County Works and the Sanitation District. 24. All utility service to the proposed project shall be installed underground. 25. In accordance with the Department of Fish and Game Section 711.4, 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. 26. This entitlement is (i.e., construction entitlement shall au be approved when prior to the expiratio the extension reque with Chapter 22.72 1 27. This entitlement sh permittee and own( permittee) have filed the City of Diamon( Department, their aft accept all the condii become effective u Processing fees. H. The Planning Commission (a) Certify to the alid for two (2) years and shall be exercised all commence) within that period or this matically expire. A one (1) year extension may ibmitted to the City in writing at least 60 days date. The Planning Commission may consider at a duly noticed public hearing in accordance the City of Diamond Bar Development Code. Il not be effective for any purpose until the of the property involved (if other than the within fifteen (15) days of the approval date, at Bar Community and Development Services davit stating that they are aware and agree to )ns of this grant. Further, this grant shall not itil the permittee pays any remaining City all: on of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Li Zhao, 1066 Ironhorse Court, Walnut, CA 91789 and S W Development (Simon Lee) 20272 Carrey Road, Walnut, CA 91789 APPROVED AND ADOPT THIS THE 13TH DAY OF JULY 2004, BY THE PLANNING COMMISSION OF THE Y F DIAMOND BAR. M W7� Dan 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 13`h of July 2004, by the following vote: AYES: Commissioners: Tye, V/C Tanaka, McManus, C/Nolan NOES: Commissioners: None ABSENT: Commission rs: Low ABSTAIN: Cpmmission rs: None ATTEST: James DeStefano, Secretary PLANNI RESOLE MG COMMISSION TION NO. 2004-26 A RESOLUTION OF THE PL DIAMOND BAR APPROVING D PERMIT NO 2004-04 AND CA CONSTRUCT A TWO-STOR PARTIAL SUBTERRANEAN FLOOR AREA OF APPROXIMA PORCHES, BALCONIES, COVE ENCLOSURE AND A 5 -CAR G/ RETAINING WALLS OF VAF EXPOSED HEIGHT OF EIGI REMOVAUREPLACEMENT/PR INNING COMMISSION OF THE CITY OF EVELOPMENT REVIEW NO. 2004-1 1/TREE EGORICAL EXEMPTION, A REQUEST TO SINGLE FAMILY DWELLING WITH A IASEMENT CONTAINING A COMBINED ,TELY 13,737 SQUARE FEET (INCLUDING RED PATIOS, VERANDA, SWIMMING POOL \RAGE). THE REQUEST ALSO INCLUDES LYING HEIGHTS NOT TO EXCEED AN T FEET AND TENNIS COURT; AND TECTION OF WALNUT TREES. THE PROJECT SITE IS LOCATED AT 2834 WAGON TRAIN LANE (LOT 73, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. 1. RECITALS A. The property owner, Li ZhI Lee) have filed an applica Permit No. 2004-04 and i 2834 Wagon Train Lane, Hereinafter in this Resoluti and categorical exemption ao and the applicant, S&W.Development (Simon tion for Development Review No. 2004-11/Tree :ategorical exemption for a property located at Diamond Bar, Los Angeles County, California. n, the subject Development Review/Tree Permit shall be referred to as the "Application." B. On July 2, 2004, public h( property owners within a 5 site was posted with a dis three public places. On Jul) project was provided in the Daily Bulletin newspapers. aring notices were mailed to approximately 42 )0 -foot radius of the project site and the project )lay board and the public notice was posted in 2, 2004, notification of the public hearing for this San Gabriel Valley Tribune and Inland Valley C. On July 13, 2004, the Planing Commission of the City of Diamond Bar conducted and concluded duly noticed public hearing on the Application. II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commission this Resolution is categori California Environmental thereunder. Furthermore, t judgment of the City of Dia C. The Planning Commission hereby specifically finds and determines that, having considered the rec rd as a whole including the findings set forth below, and changes and al erations which have been incorporated into and conditioned upon the propo ed project set forth in the application, there is no evidence before this Planni g Commission that the project proposed herein will have the potential of n adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753. (d) of Title 14 of the California Code of Regulations. D. Based on the findings an Commission hereby finds a conclusions set forth herein, this Planning follows: 1 The project site is lod No. 30578) within a Estates". The proje ascending slope at thi mid -lot begins a des( line. According to the' gross acres (47,044 5 2. The project site has ated at 2834 Wagon Train lane (Lot 73, Tract gated community identified as "The Country -It site is fairly rectangular in shape with an private street frontage, which at approximately ending slope towards the rear (east) property rract map, the project site is approximately 1.08 quare feet). General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. The project site is wit Size 20,000 Square Residential (RR) Zoni in the Single Family Residence -Minimum Lot 'eet(R-1-20,000) Zone interpreted as Rural 4. Generally, the followii the north, south, east 5. The Application requ( dwelling with a partial„ floor area of approxin balconies, covered pa 5 -car garage). The re heights not to exceed hereby finds that the project identified above in ally exempt pursuant to Section 15303 (a) of the uality Act (CEQA) and guidelines promulgated he categorical exemption reflects the independent and Bar. g zones and use surround the project site: to and west is the R-1-20,000 Zone. st is to construct a three-story single family ubterranean basement containing a combined ately 13,737 square feet (including porches, ios, veranda, swimming pool enclosure and a uest also includes retaining walls of varying xposed height of eight feet and tennis court. The Tree Permit is walnut trees and th site. E. Development Review related to the removal and replacement of five (5) protection of two (2) walnut trees on the project In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Developme t Code the Planning Commission finds that the following findings have be n justified and upheld in the affirmative because of the recommended cond tions of approval regarding operating procedures, site and building improve ents and on and off-site safety measures: The design and lay ut 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 project site is estate parcel of Ian July 25, 1995, the project complies wit. strategies. n existing developed single -family residential located in the developed "County Estates". On ity adopted its General Plan, and the proposed the General Plan land use goals, objectives and The project site is vacant infill lot site for the development of a single -family reside ce. The proposed project as conditioned is consistent with the eneral Plan in that it will maintain the integrity and not degrade t is residential area. The proposed project, as conditioned within th resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusua for "The Country Estates"and is consistent with other development 'thin this community. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design G idelines related to maintaining the integrity of residential neighbor oods and open space. Furthermore, the proposed project will maintain an architectural style (Mediterranean) and construction ma erials, which are compatible with the eclectic architectural style, c lors, and material of other homes within "The Country Estates": 2. The design and layout of the proposed development will not interfere with the use and 4njoyment of neighboring existing or future development, and wil not create traffic or pedestrian hazards. The project site is On existing vacant single -family residential estate parcel of land s mounded by existing developed residential development of the same proposed e size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Add ionally, Wagon Train Lane adequately serves the project site and was established to handle minimum traffic created by this type of devel ment. Furthermore, this street and all other streets within "The ountry Estates"are private streets managed and maintained by th homeowners association within this gated 3. community. contemplated by C Guidelines, or any a maintain the har with the characteri The architectural de Standards, City De development conte project will mainta Guidelines and City, The proposed proje in terms of mass exceeds the City's ign of the proposed development is compatible tics of the surrounding neighborhood and will onious, orderly and attractive development apter 22.48, the General Plan, City Design plicable specific plan. t is consistent with the surrounding development nd scale. Furthermore, the project meets or Development Review Standards, City Design General Plan policies. As a result, the proposed in the harmonious, orderly and attractive plated by Chapter22.48 Development Review ign Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. The design of the p environment for its neighbors, through g that will remain aest oposed development will provide a desirable ccupants and visiting public, as well as its od aesthetic use of materials, texture, and color etically appealing. The "Mediterranean' design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. The proposed proje safety, or welfare or property values or improvements in the the proposed project agencies through the project is required t resolution and the Division, and Fire Before the issuance will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or icinity. of City development permits, the proposed comply with all conditions set forth in this uilding and Safety Division, Public Works epartment requirements. The referenced ermit and inspection process will ensure that ill not be detrimental to the public health, safety or welfare nor wil( it be materially injurious to the properties or improvements in t e vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the C lifornia Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exe pt pursuant to the guidelines of the California Environmental Qua ityAct of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). , The categorical exemption reflects the independent judgment of the City of Diamond Ba . F. 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 I not result in any substantial benefits to the community; 2. 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); 3. The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; 4. The tree is a public nuisance by causing damage to improvements, (e.g., building foundaion, retaining walls, roadways/driveways, patios, and decks); 5. The tree is host to anlorganism, which is parasitic to another species of tree that is in clang r of being exterminated by the parasite; 6. The tree belongs to species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and 7. Preservation of the t property owner's re surrounding land an implemented in c e is not feasible and would compromise the sonable use and enjoyment of property or appropriate mitigation measures will be mpliance with Section 22.38.130 (Tree Replacement/Relocation Standards. There exist seven northwesterly portio trees are within th applicant's certified between 4 and 12 it in Section 22.38.010 of the Code, trees are an important natural G. resource, contributi— counteracting air po habitat. The City's maintenance of natty and preserve these 1 new development to (7) large mature walnut trees located in the yt p p rt ( esmt"- ." eA et proposed building footprint. Based on the rborist report, the walnut trees range in diameter ches, and a canopy of 6 to 50 feet. As explained g to the environment by replenishing oxygen and 'lution, controlling erosion, and providing wildlife General Plan requires the preservation and e trees including walnuts. The intent is to protect gees and when removal is allowed as a result of require their replacement. Because of the Iota retaining walls, staff have to be removed. that efforts have be undue hardship to th accordance with Se that the walnut free minimum 24 -inch b protected according to the issuance of a submit a revised delineating the locati the protection barrie review and approval installed and inspect remain until final insp ion of the building pad and the recommended has assessed that five of the seven trees will tall believes that the request is acceptable, and n made to retain the trees without causing an applicants enjoyment of property. However, in tion 22.38.130 of the Code, staff recommends be replaced at a minimum 3:1 ratio with a x size and the remaining walnut trees be o Development Code Section 22.38.140. Prior City permits, the applicant will be required to ndscape/irrigation plan and grading plan nand size of the replacement walnut trees and for the remaining walnut trees for the City's It will be required that protective fencing be d prior to the issuance of any City permits and ct or issuance of Certificate of Occupancy. Based on the findings ant Commission hereby appro conditions: 1. conclusions set forth above, the Planning es the Application subject to the following The project shall su elevations, landscape colors board collective Planning Commission stantially conform to site plan, floor plans, dirrigation plan, grading plan and materials/ :ly labeled as Exhibit "A" as presented to the on July 13, 2004, and as amended herein. b 2. The site shall be mat tained in a condition, which is free of debris both during and after t e construction, addition, or implementation of the entitlement grante herein. The removal of all trash, debris, and refuse, whether Burin or subsequent to construction shall be done only by the property o ner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and isposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's o ligation to insure that the waste contractor utilized has obtained perm is from the City of Diamond Bar to provide such 3. 4. plan for the entire services. The applicant shall be required to submit a final landscape/irrigation . 5. material shall also ground cover, flow Planning Division. color, size, quantit ite that delineates the type of planting materials and location, for review and approval by the he plan shall provide for a variety of grasses and ring plants, and shrubs and trees. Said plant e utilized to screen the retaining walls. The five (5) walnut trees shall be replaced at a minimum 3:1 ratio with a Certificate of Occup landscaping and irri minimum 24-inch protected accordin Maximum height of finish grade at any e the roof line. result in a nuisance o neighborhood. dwelling. The prope commercial/institutio to result in signific resources. The s similar types of distu creates adverse eff setting as to levels The single -family re 6. The owners shall co Maintain a Single Fa City. The covenant Angeles County's Re permit. within the 30 foot fro height. ox size and the remaining walnut trees be to Development Code Section 22.38.140. All ation shall be installed prior to the issuance of a ncy. he residence shall not exceed 35 feet from the tenor wall of the structure to the highest point of idence shall not be utilized in a manner that cts upon the neighborhood and environmental dust, glare/light, noise, odor, traffic, or other ances. Nor shall the project be operated so as ntly adverse effects on public services and gle-family residence shall not be used for at purposes, or otherwise used as a separate shall not be used for regular gatherings which which create traffic and parking problems in the plete and record a "Covenant and Agreement to ily Residence" on a form to be provided by the hall be completed and recorded with the Los order's Office prior to the issuance of a building the retaining walls within the rear portion of the ceed a maximum height of eight feet and have match the building design, and be heavily landscaped for added a decorative finish t The exposed faces of project site shall note. aesthetics. If applicable, walls and structures t yard setback shall not exceed 42 inches in 8. Prior to the issuanct detail of the tennis c review and appro\ Development Code All roof covering shall be fire st flame or memb 9. All construction acti\ and limitations of t implemented by the 10. Before construction construction fencing requirements along remain until the Builc shall provide tempor 11. The single-family str Code, California Plui California Electrical C 12. The minimum design "C" exposure. 13. The single-family stru the following requiren a. b. C. All enclosed un walls; of any City permits, the applicant shall submit a urt fencing and lighting for the Planning Division if. Lighting and fencing shall comply with ections 22.16.05 (e) and 22.42.110(7) a. 0 0 ity shall be in conformity with the requirements le City of Diamond Bar Municipal Code as 3uilding and Safety Division. begins, the applicant shall install temporary pursuant to the Building and Safety Division's he project site's perimeter. This fencing shall ing Official approves its removal. The Applicant try sanitation facilities while under construction. icture shall meet the 2001 California Building ibing Code, California Mechanical Code, and ode requirements. wind pressure shall be 80 miles per hour and ;ture is located in "Fire Zone 4" and shall meet ents of that fire zone: A shall be "Fire Retardant, Class A"; the roofspped at the eaves to preclude entry of the rs under the fire; 11 er-floor areas shall be constructed as exterior All openings int shall be covere than 1/4 inch no where such 0 PE o the attic, floor, and/or other enclosed areas d with corrosion -resistant wire mesh not less more than 1/2 inch in any dimension except nings are equipped with sash or door. 14. This single-family strut ure shall meet the State Energy Conservation Standards. 15. Retaining wall permits hall be obtained from the Building and Safety Division. 16. The applicant shall com ply with the requirements of the City Engineer and Public Works Divis 'ons. 17. Prior to the issuar required to submit Public Works and preparation of the s shall be in complia soils report. Prior to the issuanc techniques shall be Division prior to any from the building at 18. Prior to the issuance of any City permits, the applicant shall submit an erosion control pla for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) s andards and incorporate the appropriate Best Management Prac ices (BMP's) to satisfy the Standard Urban Stormwater Mitiga ion Plan (SUSMP) requirements. SUSMP provisions shall be repared and submitted as part of the grading plans. Further detail on SUSMP requirements shall be obtained from the Public Works/E gineering Division. 19. 20. The applicant shall s more of earthwork grading plan shall b state of California, in for the City's review delineate the followii (a) (b) (c) 21. 22. (d) ice of any City permits, the applicant shall be a final grading plan and soils report for the City's Building Division review and approval. The to and the construction of the proposed structures ice with the recommendations set forth in such e of any City permits, drainage patterns and reviewed and approved by the Public Works ermit issuance; surface water shall drain away 2 minimum slope. ibmit a precise grading plan for 50 cubic yards or rior to the issuance of any City permits. The prepared by a civil engineer, licensed by the accordance with the City's grading requirements and approval. The precise grading plan shall 9: p Cut and fill qu— Existing and p Flow lines a calculations s devices as wel Finish surface and retaining v Prior to the issuance plans shall be subm approval. Applicant shall make i and shall submit the Division prior to the is ntities with calculations; oposedtopography; d drainage/drainage outlets and hydrology lowing the capacity of proposed drainage as exiting drainage devices on site; and and finished grade of all walls/retaining walls fall calculations. )f any City permits, the proposed construction fled to the Fire Department for review and pplication to the water purveyor as necessary, evidence of their approval to the Planning nuance of any City permits. Is 23. Prior to the issuance of any City permits, the applicant shall make an application for sewer connection with the Los Angeles County Department of Publ c Works and the Sanitation District. 24. All utility service underground. to the proposed project shall be installed 25. In accordance with toe Department of Fish and Game Section 711.4, the applicant shall emit to the City, within five days of this grant's approval, a cashier' check of $25.00 for a documentary handling fee in connection with F sh and Game Code requirements. with Chapter 22.72 be approved when prior to the expiratio the extension reque (i.e., construction s entitlement shall aut 26. This entitlement is processing fees. alid for two (2) years and shall be exercised all commence) within that period or this matically expire. A one (1) year extension may ubmitted to the City in writing at least 60 days date. The Planning Commissioq may consider t at a duly noticed public hearing in accordance f the City of Diamond Bar Development Code. 27. This entitlement sh II not be effective for any purpose until the permittee and own r of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, at the City of Diamon Bar Community and Development Services Department, their aff davit stating that they are aware and agree to accept all the condit ons of this grant. Further, this grant shall not become effective u til the permittee pays any remaining City H. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith tran certified mail 91789 and S Road, Walnut, APPROVED AND ADOPT PLANNING COMMISSION OF THE GItY, By: mit a certified copy of this Resolution, by Li Zhao, 1066 Ironhorse Court, Walnut, CA W Development (Simon Lee) 20272 Carrey A 91789 THIS THE 13TH DAY OF JULY 2004, BY THE F DIAMOND BAR. 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 meeti g of the Planning Commission held on the 13'h of July 2004, by the following vote: AYES: Commission rs: Tye, V/C Tanaka, McManus, C/Nolan NOES: Commission rs: None ABSENT: Commission rs: Low ABSTAIN: );pmmission rs: None ATTEST: " James DeStefano, Secretary 11