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HomeMy WebLinkAboutPC 2004-44PLANNING COMMISSION RESOLUTION NO. 2004-44 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2004-23/MINOR CONDITIONAL USE PERMIT NO. 2004-08 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,849 GROSS SQUARE FEET INCLUDING PORCHES, PORTE COCHERE, BALCONIES, AND THREE CAR GARAGE; 728 GROSS SQUARE FEET DETACHED GARAGE; GAZEBO AND TRELLIS; POOL AND SPA; SITE IMPROVEMENTS INCLUDING RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT; AND CIRCULAR DRIVEWAY. THE PROJECT SITE IS LOCATED AT 2521 BRAIDED MANE DRIVE (LOT 91, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners/applicant, Paramjit and Harjinder Nijjar, filed Development Review 2004-23/Minor Conditional Use Permit No. 2004-08 application for a property located at 2521 Braided Mane Drive (Lot 91, Tract No. 23483), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On September 13, 2004, 34 property owners within a 500 -foot radius of the project site were notified by mail. On September 17, 2004, three other locations were posted within the application's vicinity; the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a public hearing notice display board was posted at the site. 3. On September 28, 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,i determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds asifollows: (a) The project parcel is Lot 91, Tract 23483, APN 8713-036-007, and addressed 2521 Braided Mane Drive, Diamond Bar, California. The project site is approximately .20 gross acres, 59,242 gross square feet. It is an irregularly shaped vacant lot. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single family Residence, R-1-40,000. (c) The R-1-40,000 zone surrounds the site. (d) The Application is a request to construct a two story, single family residence of approximately 10,849 gross square feet including porches, parte cochere, balconies, and three car garage; 728 gross square feet detached garage; gazebo and trellis; pool and spa; site improvements including retaining walls to a maximum six feet exposed height; and circular driveway. DEVELOPMENT REVIEW (e) The design and layout' of the proposed development is consistent with the General Plank 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). 2 The vacant project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted 1995 General Plan with a Rural Residential land use designation (Max. 1 dwelling unit/acre). The proposed use is zoned for single family residence at R-1-40, 000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures, circular driveway, and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The applicant has obtained the approval of The Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development,' and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adbquately served by Indian Creek Road This private street is designed to handle minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain ::the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The proposed project's aichitectural style is French. The project's architectural features' for curb appeal include balconies with decorative wrought iron railing painted Weathered Brown; two story entry/foyer with glass and columns; arched windows of clay color; 3 pre -cast concrete molding, columns, window sills, quoins of sandstone color; wood roof fascia board painted dark clay color; porte cochere, perpendicular garages, and circular driveway; layering of exterior materials with La Habra, stucco, painted with Dunn Edwards, SP 133, Sandal (beige); brick veneer -Stony Brook, (country French); multi-levels and lines of Brown Range concrete roof tile by Bel Air and copper domes to add texture and contrast. The rear of the structure has a covered patio and balconies. The Applicant has received the approval of the Country Estates Homeowners Associajtion Architectural Committee. With the added approval condition for more landscaping to screen the retaining walls in the rear and side yards from the downhill properties, the walls are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Q) Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Indian Creek Road generally follows the ridgeline and slopes from the street downward to the rear of the lots. The subject site is generally at a level intersection. By maintaining the allowed 35 feet height, the proposed residential structure allows its neighbors view corridors. Therefore, the proposed residence will not have significant detrimental Uiew blockage impact. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). IU The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303(a). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e -i), the proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and the flatwork is less than 50 percent of the front yard. The project's streetscape architectural features and design include the two story porte cochere and porch entry with columns. The perpendicular garage and circular driveway hide the typical garage door feature. This adds variation and stateliness at the streetscape. The circular driveway with the above features adds to the project's grandeur. The circular driveways use is allowed in the zone and complies with the Municipal Code .Standards and is consistent with the General Plan. The design, lobation, size, etc. are compatible in the vicinity and the site is physically suitable and absent of physical constraints. (i) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (k), the proposed use is consistent with the General Plan and there is no applicable specific plan. (m) The design, location; size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (k), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 5 As stated in Items (k), the subject site is physically suitable for the type and densitylintensity of use being proposed including access, Provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Soils report, fire department approval, structural plan check, City permits, and inspedtions are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California' Environmental Quality Act (CEQA), Section 15303(a). Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan/roof plan, floor plans, elevations, sections, collectively labeled as Exhibit "A" dated September 28, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to submittals for grading plan check, the Applicant shall revise the circular driveway to eliminate the ingress/egress driveway to C -t Indian Creek Road and submit to the Planning Division for review and approval. (d) Prior to the submittals for grading plan check, the Applicant shall revise the wall/fences heights proposed within the front 30 feet setback and the street side. These walls/fences shall not encroach into the streets' dedicated easement; nor, shall any such structure proposed within the front setback and street side setback shall not exceed a maximum 42 inches height. (e) Prior to the submittals for grading plan check, additional landscaping trees ad shrubs are required to soften the height of the rear and side re aining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. The front yard and street side yard lands caping/irrioation shall be installed prior to the Planning Division's final inspection. Any plant material proposed within the front and street side setbacks shall not exceed a maximum 42 inches height. PUBLIC WORKS (f) Prior to the review of a grading plan, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (g) Upon approval of the geotechnical report, the applicant shall submit a Drainage and Grading Plan prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements f+or the City's review and approval. A list of requirements for grading plan check is available from the Public Works/Engineering Division. These include but are not limited to the following: Shall show the location of any retaining walls and the elevations of the top of wall/footing, retaining and the finished grade on both sides of the retaining wall. 2. The applicant shall provide service connections for Water, Sewer, Gas, Electric, etc. on the grading plan. (h) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures must be Implemented during construction between October 1 and April M 7 (i) Prior to any Building and Safety Division submittals, a grading Permit shall be obtained from the Public Works/Engineering Division. {j} If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (k) The Applicant shall provide certification from soils and civil engineers that the pad extension is properly compacted and at the proper elevation. (I) Driveway slope shall be shown on the plans. (m) Surface water shall drain away from the building at two percent minimum slope. (n) The applicant shall provide temporary sanitation facilities while under construction. (o) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (p) This single family structure shall meet the State Energy Conservation Standards. (q) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) Smoke detectors shall be provided in all sleeping rooms. (s) Building setback from any slope (top or toe) shall meet the requirements of the 2001 California Building Code, Section 18. (t) Retaining wall calculations and plans shall be submitted to the Building and Safety Division for review and approval. (u) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (v) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point r"II PLANNING of the roofline. The 35 feet shall include the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (w) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (x) Site, driveway grade, and house design shall be approved by the Fire Department. (y) Each structure shall require a separate building permit (z) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. (aa) The single family structure requires Fire Department approval and is located in "High! Fire Zone" and shall meet the following requirements of that fire zone: (i) All roof covering shall be "Fire Retardant, Class A°; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed 'under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (bb) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on 9 public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (cc) 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 must be recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (dd) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at le st 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (ee) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (ff) If the Department of Fish and Game determines that Fish and Game Code Section 1711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a c shier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 10 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Paramjit and Harjinder Nijjar, 1916 Rancho Hills Drive, Chino Hills, CA 91709 and agent, Jimmy Juneja, 1729 Weber Way, La Verne, CA 91750, APPROVED AND ADOPTED THIS 28T" DAY OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By. r an Nolan, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the �8 " day of September 2004, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: Low, McManus, Tye, WC Tanaka, Chair Nolan ATTEST: aures De tefano, secretary 11 PLANNING COMMISSION RESOLUTION NO. 2004-44 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2004-23/MINOR CONDITIONAL USE PERMIT NO. 2004-08 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,849 GROSS SQUARE FEET INCLUDING PORCHES, PORTE COCHERE, BALCONIES, AND THREE CAR GARAGE; 728 GROSS SQUARE FEET DETACHED GARAGE; GAZEBO AND TRELLIS; POOL AND SPA; SITE IMPROVEMENTS INCLUDING RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT; AND CIRCULAR DRIVEWAY. THE PROJECT SITE IS LOCATED AT 2521 BRAIDED MANE DRIVE (LOT 91, TRACT NO. 23483), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners/applicant, Paramjit and Harjinder Nijjar, filed Development Review 2004-23/Minor Conditional Use Permit No. 2004-08 application for a property located at 2521 Braided Mane Drive (Lot 91, Tract No. 23483), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On September 13, 2004, 34 property owners within a 500 -foot radius of the project site were notified by mail. On September 17, 2004, three other locations were posted within the application's vicinity; the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a public hearing notice display board was posted at the site. 3. On September 28, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as'follows: (a) The project parcel is Lot 91, Tract 23483, APN 8713-036-007, and addressed 2521 Braided Mane Drive, Diamond Bar, California. The project site is approximately .20 gross acres, 59,242 gross square feet. It is an irregularly shaped vacant lot. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single family Residence, R-1-40,000. (c) The R-1-40,000 zone surrounds the site. (d) The Application is a request to construct a two story, single family residence of approximately 10,849 gross square feet including porches, porte cochere, balconies, and three car garage; 728 gross square feet detached garage; gazebo and trellis; pool and spa; site improvements including retaining walls to a maximum six feet exposed height; and circular driveway. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plank 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). 2 The vacant project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted 1995 General Plan with a Rural Residential land use designation (Max. 1 dwelling unit/acre). The proposed use is zoned for single family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures, circular driveway, and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The applicant has obtained the approval of The Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. M (9) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development„ and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Indian Creek Road. This private street is designed to handle minimum traffic created by this type of development. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country estates and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The proposed project's atchitectural style is French. The project's architectural features' for curb appeal include balconies with decorative wrought iron railing painted Weathered Brown; two story entry/foyer with glass and columns; arched windows of clay color; 3 pre -cast concrete molding, columns, window sills, quoins of sandstone color; wood roof fascia board painted dark clay color; porte cochere, perpendicular garages, and circular driveway; layering of exterior materials with La Habra, stucco, painted with Dunn Edwards, SP 133, Sandal (beige); brick veneer -Stony Brook, (country French); multi-levels and lines of Brown Range concrete roof tile by Bel Air and copper domes to add texture and contrast. The rear of the structure has a covered patio and balconies. The Applicant has received the approval of the Country Estates Homeowners Association Architectural Committee. With the added approval condition for more landscaping to screen the retaining walls in the rear and side yards from the downhill properties, the walls are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. U) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Indian Creek Road generally follows the ridgeline and slopes from the street downward to the rear of the lots. The subject site is generally at a level intersection. By maintaining the allowed 35 feet height, the proposed residential structure allows its neighbors view corridors. Therefore, the proposed residence will not have significant detrimental view blockage impact. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 The City has determined that this project is Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303(a). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. (I) (m) As stated in Items (e -i), the proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and the flatwork is less than 50 percent of the front yard. The project's streetscape architectural features and design include the two story porte cochere and porch entry with columns. The perpendicular garage and circular driveway hide the typical garage door feature. This adds variation and stateliness at the streetscape. The circular driveway with the above features adds to the project's grandeur. The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc. are compatible in the vicinity and the site is physically suitable and absent of physical constraints. The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (k), the proposed use is consistent with the General Plan and there is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (k), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 5 As stated in Items (k), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensuure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California' Environmental Quality Act (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan/roof plan, floor plans, elevations, sections, collectively labeled as Exhibit "A" dated September 28, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to submittals for gtading plan check, the Applicant shall revise the circular driveway to eliminate the 'Ingress/egress driveway to 6 Indian Creek Road and submit to the Planning Division for review and approval. (d) Prior to the submittals for grading plan check, the Applicant shall revise the wall/fences heights proposed within the front 30 feet setback and the street side. These walls/fences shall not encroach into the streets' dedicated easement; nor, shall any such structure proposed within the front setback and street side setback shall not exceed a maximum 42 inches height. (e) Prior to the subrittals for grading plan check, additional landscaping trees amd shrubs are required to soften the height of the rear and side retaining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for review and approval. The front yard and street side yard landscaping/irridation shall be installed prior to the Planning Division's final inspection. Any plant material proposed within the front and street side setbacks shall not exceed a maximum 42 inches height. PUBLIC WORKS (f) (g) Prior to the review of a grading plan, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of Califortnia, for the City's review and approval. Upon approval of the geotechnical report, the applicant shall submit a Drainage and Grading Plan prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works/Engineering Division. These include but are not limited to the following: 1. Shall show the location of any retaining walls and the elevations of the top of wall/footing, retaining and the finished grade on both sides of the retaining wall. 2. The applicant shall provide service connections for Water, Sewer, Gas, Electric, etc. on the grading plan. (h) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures must be implemented during construction between October 1 and April 15 7 (i) G) Prior to any Building and Safety Division submittals, a grading permit shall be obtained from the Public Works/Engineering Division. If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (k) The Applicant shall provide certification from soils and civil engineers that the pad extension is properly compacted and at the proper elevation. (I) Driveway slope shall be shown on the plans. (m) Surface water shall drain away from the building at two percent minimum slope. (n) The applicant shall provide temporary sanitation facilities while under construction. (o) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (p) (q) This single family structure shall meet the State Energy Conservation Standards. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (r) Smoke detectors shall ';be provided in all sleeping rooms. (s) Building setback from any slope (top or toe) shall meet the requirements of the 2001 California Building Code, Section 18. (t) Retaining wall calculations and plans shall be submitted to the Building and Safety Division for review and approval. (u) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (v) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point 8 of the roofline. The 35 feet shall include the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. PLANNING (w) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (x) Site, driveway grade, and house design shall be approved by the Fire Department. (Y) (z) Each structure shall require a separate building permit. Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. (aa) The single family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (bb) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on 9 public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (cc) 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 must be recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (dd) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at lest 60 days prior to the expiration date. The Deputy City Manage will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (ee) This grant shall not be effective for any purpose until the permittee and owners of the Property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (ff) If the Department of Fish and Game determines that Fish and Game Code Section 1711.4 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 p oject is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption! of this Resolution; and 10 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Paramjit and Harjinder Nijjar, 1916 Rancho Hills Drive, Chino Hills, CA 91709 and agent, Jimmy Juneja, 1729 Weber Way, La Verne, CA 91750. APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: fill d t%' an Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the —8 H day of September 2004, by the following vote: AYES: Commissioners: Low, McManus, Tye, V/C Tanaka, Chair Nolan NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: 11