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HomeMy WebLinkAboutPC 2004-37PLANNING COMMISSION RESOLUTION NO. 2004-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-16, TREE PERMIT NO. 2004-08 AND CATEGORICAL EXEMPTION, A REQUEST TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE WITH A FOUR CAR GARAGE, BALCONY, PATIO AND VERANDA TOTALING TO APPROXIMATELY 11,500 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: A SERIES OF RETAINING WALLS IN THE REAR AND REAR SIDE YARDS WITH A MAXIMUM EXPOSED HEIGHT OF EIGHT FEET FOR EACH WALL; RETAINING WALL WITHIN 30 FOOT FRONT YARD SETBACK WITH A MAXIMUM EXPOSED HEIGHT OFTWO FEET; AND THE REMOVAL/REPLACEMENT OF TWO OAK TREES. THE PROJECT SITE IS LOCATED AT 22807 LAZY TRAIL DRIVE (LOT 149, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Ms. Rita Medirata, and applicant, Mr. Pete Volbeda, have filed an application for Development Review No. 2004-16, Tree Permit No. 2004-08 and categorical exemption for a property located at 22807 Lazy Trail Drive, 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 August 12, 2004, notification of the public hearing for this project was provided in the San. Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On August 9, 2004, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site. On August 9, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On August 24, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. S. 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, raving 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 relates to a site located at 22807 Lazy Trail Drive (Lot 149, Tract No. 30091) within a gated community identified as "The Country Estates." The project site is an irregular rectangular shaped lot that is steep (approximately 1.5:1/67% /34 degree) and sloping toward the rear property line and also widens toward the rear property line. According to the Tract Map, the project site is approximately 1.88 acres (81,893 square feet) with flood hazard and restricted use areas within the rear portion of the project site and outside the proposed development area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application request is to demolish an existing two-story single- family residence of approximately 4,000 square feet finalized in 1986 and construct a three story single-family residence with a four car -- garage, patio cover, veranda and balcony totaling to approximately 11,500 square feet. The request also includes the following: a series 2 of retaining walls in the rear and rear side yards with a maximum exposed height of eight feet for each wall; a retaining wall within the 30 foot front yard setback with a maximum exposed height of two feet; and the removal and replacement of two oak trees and the removal of two walnut trees and one California pepper tree with a trunk size less than eight inches in diameter at breast height (DBH). 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). The project site is developed with a two-story residence of approximately 4,000 square feet built in 1986 prior to the City's incorporation. The project site is approximately 1.88 gross acres. The proposed project involves demolishing the existing residence and constructing a three-story single family residence with a four car garage, balcony, covered patio and veranda totaling to approximately 11,500 square feet. The proposed project also includes the construction of a series of retaining walls related to creating/supporting the pad due to the steepness of the project site. The City's Development Code hillside management standards allow terraced retaining walls separated by a minimum three feet with appropriate landscaping for unusual or extreme conditions (i.e., lot configuration, steep slope, or road design). Additionally, the Development Code also allows walls within the rear yard with a maximum exposed height of eight feet due to varying topography and may be approved by the Director. Due to the project site's steepness (1.5:1 slope), retaining walls are needed to prepare the development pad for the proposed residence. The applicant proposes a retaining wall within the 30 foot front yard setback with a maximum exposed height of two feet. Additionally, a series of four retaining walls to be located within the rear and side rear yards of the project site. Three walls are proposed at an exposed height of six to eight feet and one wall is proposed at an exposed height of approximately four feet. The planter separation between these walls varies from three to six feet planter. The retaining walls will be constructed from concrete block and will be stucco to match the proposed residence. Plant material will be installed to assist in screening walls; thereby mitigating the view from the back yards of properties located on Ridgeline Road (toward the rear of the subject site). 3 The proposed project meets all the setback and height requirements and will maintain a seven percent lot coverage which is less than the maximum permitted 30 percent. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to incorporation and the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.88 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material and size of other homes within "The Country Estates"and has obtained the approval of "The Country Estates" architectural committee. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (f), the proposed project is a single- family residence, consistent with other single family residences established within "The Country Estates." As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Lary Trail Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Mediterranean. This style is compatible with other residences within Tract No. 30091 and `The Country Estates" due to the eclectic architectural style that is existing in this area. The applicant has obtained 'The Country Estates" homeowners' 4 association architectural committee in order to obtain their approval of the proposed project. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally, prominent architectural features of the proposed residence include the front entry flanked by columns and balcony with wrought iron railing located over the front entry. The rear fagade is dominated by verandas and balcony which assist in reducing the mass of the rear fagade. The roof articulation is achieved by changes in the horizontal plane which also assist in reducing the mass. As a result, the proposed project 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. (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) through (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 related to stucco and stone accent and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5 (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.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards; Tree Permit No. 2004-03 is a request to remove two oak trees (Quercus Agrifolia) and two walnut trees (Juglans Califomica) and one California pepper tree (Schinus Molle) with DBH of less than eight inches, therefore, not subject to the preservation/protection/ replacement requirements. These trees are generally located within the footprint of the proposed residential structure and area where the retaining walls are proposed. In order to construct a residential structure of this size which is the current trend in `The Country Estates" and is comparable to many other homes approved by the City, the specified trees will need to be removed. Pursuant to Development Code Section 22.38.130, it is required that the two oak trees that have a DBH of eight inches or greater be replaced at a 3:1 ratio, minimum 24 inch box size. The replacement trees shall be located on the project site to the extent feasible. 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, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated August 24, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal 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 the species, location, size and quantity of the six replacement oak trees at 24 inch box size. The landscape plan shall also include the size, quantity and species of plant materials utilized in the planter areas between the retaining walls. Furthermore, the plant materials shall screen the retaining walls and shall be substantial in order to cover the walls in a brief period of time to the satisfaction of the Planning Division. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. 7 (d) Prior to plan check, the applicant shall submit a revised grading plan that plots all oak, walnut and pepper trees that will be removed. The revised grading plan shall be reviewed and approved by the Planning Division due to the removal of specified trees prior to the issuance of any City Permits. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) Four retaining walls located in the rear and rear side yards are proposed. Three of the walls shall not exceed an exposed height of eight feet and one wall shall not exceed an exposed height of four feet as delineated in Exhibit "A." (g) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. (h) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. (i) Building setback from top of slope at the rear of the subject property shall meet Section 18 of the 2001 California Code. (j) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, 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; (4) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and (5) Flood hazard and restricted use area. -- n (k) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (1) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (n) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (o) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (p) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. (q) An Erosion Control Plan shall be required for grading permits issued between October 1 and April 15. (r) Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. (s) The proposed residence shall comply with the State Energy Conservation Standards. (t) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (u) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. C~] (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (v) 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. (w) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C exposure. (x) All balconies shall be designed for a 40 pound per square foot live load. (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. (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" on a form to be provided by the City. 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 W City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (cc) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (dd) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ms. Rita Medirata, 22807 Lazy Trail Drive, Diamond Bar, CA 91765 and Mr. Pete Volbeda, 615 N. Benson Avenue, #C, Upland, CA 91764 APPROVED AND ADOPTED THIS 24Th OF AUGUST 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jack Tanaka, Vice Chairman 11 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 24th day of August 2004, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: McManus, Low, V/C Tanaka C/Nolan Tye 12 PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-16, TREE PERMIT NO. 2004-08 AND CATEGORICAL EXEMPTION, A REQUEST TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE WITH A FOUR CAR GARAGE, BALCONY, PATIO AND VERANDA TOTALING TO APPROXIMATELY 11,500 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: A SERIES OF RETAINING WALLS IN THE REAR AND REAR SIDE YARDS WITH A MAXIMUM EXPOSED HEIGHT OF EIGHT FEET FOR EACH WALL; RETAINING WALL WITHIN 30 FOOT FRONT YARD SETBACK WITH A MAXIMUM EXPOSED HEIGHT OFTWO FEET; AND THE REMOVAUREPLACEMENT OF TWO OAK TREES. THE PROJECT SITE IS LOCATED AT 22807 LAZY TRAIL DRIVE (LOT 149, TRACT NO. A. RECITALS The property owner, Ms. Rita Medirata, and applicant, Mr. Pete Volbeda, have filed an application for Development Review No. 2004-16, Tree Permit No. 2004-08 and categorical exemption for a property located at 22807 Lazy Trail Drive, 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 August 12, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On August 9, 2004, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site. On August 9, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On August 24, 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(x) 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 relates to a site located at 22807 Lazy Trail Drive (Lot 149, Tract No. 30091) within a gated community identified as "The Country Estates." The project site is an irregular rectangular shaped lot that is steep (approximately 1.5:1/67% /34 degree) and sloping toward the rear property line and also widens toward the rear property line. According to the Tract Map, the project site is approximately 1.88 acres (81,893 square feet) with flood hazard and restricted use areas within the rear portion of the project site and outside the proposed development area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 Zone. The Application request is to demolish an existing two-story singlefamily residence of approximately 4,000 square feet finalized in 1986 and constrict a three story single-family residence with a four car garage, patio cover, veranda and balcony totaling to approximately 11,500 square feet. The request also includes the following: a series of retaining walls in the rear and rear side yards with a maximum exposed height of eight feet for each wall; a retaining wall within the 30 foot front yard setback with a maximum exposed height of two feet; and the removal and replacement of two oak trees and the removal of two walnut trees and one California pepper tree with a trunk size less than eight inches in diameter at breast height (DBH). 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). The project site is developed with a two-story residence of approximately 4,000 square feet built in 1986 prior to the City's incorporation. The project site is approximately 1.88 gross acres. The proposed project involves demolishing the existing residence and constructing a three-story single family residence with a four car garage, balcony, covered patio and veranda totaling to approximately 11,500 square feet The proposed project also includes the construction of a series of retaining walls related to creating/supporting the pad due to the steepness of the project site. The City's Development Code hillside management standards allow terraced retaining walls separated by a minimum three feet with appropriate landscaping for unusual or extreme conditions (i.e., lot configuration, steep slope, or road design). Additionally, the Development Code also allows walls within the rear yard with a maximum exposed height of eight feet due to varying topography and may be approved by the Director. Due to the project site's steepness (1.5:1 slope), retaining walls are needed to prepare the development pad for the proposed residence. The applicant proposes a retaining wall within the 30 foot front yard setback with a maximum exposed height of two feet. Additionally, a series of four retaining walls to be located within the rear and side rear yards of the project site. Three walls are proposed at an exposed height of six to eight feet and one wall is proposed at an exposed height of approximately four feet. The planter separation between these walls varies from three to six feet planter. The retaining walls will be constructed from concrete block and will be stucco to match the proposed residence. Plant material will be installed to assist in screening walls; thereby mitigating the view from the back yards of properties located on Ridgeline Road (toward The proposed project meets all the setback and height requirements and will maintain a seven percent lot coverage which is less than the maximum permitted 30 percent. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to incorporation and the General Plan's adoption, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.88 gross acres. Additionally, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and material and size of other homes within "The Country Estates" and has obtained the approval of "The Country Estates" architectural committee. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (f), the proposed project is a singlefamily residence, consistent with other single family residences established within "The Country Estates." As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Lazy Trail Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in application) is Mediterranean. This style is compatible with other residences within Tract No. 30091 and 'The Country Estates" due to the eclectic architectural style that is existing in this area. The applicant has obtained "The Country Estates" association architectural committee in order to obtain theirapproval of the proposed project. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally, prominent architectural features of the proposed residence include the front entry flanked by columns and balcony with wrought iron railing located over the front entry. The rear facade is dominated by verandas and balcony which assist in reducing the mass of the rear facade. The roof articulation is achieved by changes in the horizontal plane which also assist in reducing the mass. As a result, the proposed project 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 (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 (t) through (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 related to stucco and stone accent and a low level ( The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the (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 (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards; Tree Permit No. 2004-03 is a request to remove two oak trees (Quercus Agrifolia) and two walnut trees (Juglans Califomica) and one California pepper tree (Schinus Molle) with DBH of less than eight inches, therefore, not subject to the preservation/protection/ replacement requirements. These trees are generally located within the footprint of the proposed residential structure and area where the retaining walls are proposed. In order to construct a residential structure of this size which is the current trend in 'The Country Estates" and is comparable to many other homes approved by the City, the specified trees will need to be removed. Pursuant to Development Code Section 22.38.130, it is required that the two oak trees that have a DBH of eight inches or greater be replaced at a 3.1 ratio, minimum 24 inch box size. The replacement trees shall be located on the project site to the extent feasible. 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, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated August 24, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the 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 the species, location, size and quantity of the six replacement oak trees at 24 inch box size. The landscape plan shall also include the size, quantity and species of plant materials utilized in the planter areas between the retaining walls. Furthermore, the plant materials shall screen the retaining walls and shall be substantial in order to cover the walls in a brief period of time to the satisfaction of the Planning Division. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) Prior to plan check, the applicant shall submit a revised grading plan that plots all oak, walnut and pepper trees that will be removed. The revised grading plan shall be reviewed and approved by the Planning Division due to the removal of specified trees prior to the issuance of any City Permits. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f Four retaining walls located in the rear and rear side yards are proposed. Three of the walls shall not exceed an exposed height of eight feet and one wall shall not exceed an exposed height of four feet as delineated in Exhibit "A." Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. (h) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. (i Building setback from top of slope at the rear of the subject property shall meet Section 18 of the 2001 California Code. Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, 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 (2) calculations; Existing and proposed (3) topography; (4) Flow lines and drainage/drainage outlets; Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how ( runoffs behind the retaining wall will be mitigated; and (k) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (I Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (m Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (n) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (o) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. An Erosion Control Plan shall be required for grading permits issued between October 1 and April 15. (r) Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. (s) The proposed residence shall comply with the State Energy Conservation Standards. (t) Surface water shall drain away from the proposed residence at a twopercent minimum slope. (u) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (v) 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. (w) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (x) All balconies shall be designed for a 40 pound per square foot live load. (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. (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" on a form to be provided by the City. 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 1 City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (cc) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (dd) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ms. Rita Medirata, 22807 Lazy Trail Drive, Diamond Bar, CA 91765 and Mr. Pete Volbeda, 615 N. Benson Avenue, #C, Upland, CA 91764 APPROVED AND ADOPTED THIS 24Th OF AUGUST 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: <:::t� Jack Tanaka, Vice Chairman 1 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 24th day of August 2004, by the following vote: AYES: Commissioners: McManus, Low, V/C Tanaka Commissioners: NOES: ABSENT: Commissioner Ty e �ies DeStefano, Secretary 3 1