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HomeMy WebLinkAboutPC 2004-48PLANNII RESOLU A RESOLUTION OF THE PLAT DIAMOND BAR APPROVING I MINOR CONDITIONAL USE PE EXEMPTION ALLOWING THE C 3,410 SQUARE FOOT ADDITIO GARAGE AND 593 SQUARE EXISTING 3,508 SQUARE I DWELLING. THE APPROVAL WITH A MAXIMUM EXPOSEI CONTINUATION OF A LEGAL YARD SETBACK DISTANCE. 2151 DERRINGER LANE (LOT CALIFORNIA. RECITALS COMMISSION N NO. 2004-48 INING COMMISSION OF THE CITY OF IEVELOPMENT REVIEW NO. 2004-21, IMIT NO. 2004-11 AND CATEGORICAL ONSTRUCTION OF AN APPROXIMATE V (INCLUDING A 1,209 SQUARE FOOT FEET OF PATIO/BALCONY) TO AN OOT TWO-STORY SINGLE-FAMILY %LSO INCLUDES RETAINING WALLS I HEIGHT OF SIX FEET AND THE NONCONFORMING 20 -FOOT FRONT rHE PROJECT SITE IS LOCATED AT 4, TRACT NO. 23483), DIAMOND BAR, A. The property owner, Vishal Kaushal, and the applicant, Pete Volbeda have filed an application for Development Review No. 2004-21, Minor Conditional Use Permit No. 2004-11 and categorical exemption for a property located at 2151 Derringer Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit and categorical exemption shall be referred to as the "Application." B. On October 28, 2004, publ c hearing notices were mailed to approximately 28 property owners within a 500 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. On October 29, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin iewspapers. C. On November 9, 2004, the lanning Commission of the City of Diamond Bar conducted and concluded duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamon Bar as follows: 0 This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I, of this Resolution are true and correct. B. 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 Guality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. The Planning Commission having considered the rec below, and changes and all conditioned upon the propo evidence before this Planni; will have the potential of habitat upon which the wildl this Planning Commission h contained in Section 753.; Regulations. hereby specifically finds and determines that, rd as a whole including the findings set forth ,rations which have been incorporated into and ed project set forth in the application, there is no g Commission that the project proposed herein i adverse effect on wild life resources or the 'e depends. Based upon substantial evidence, �reby rebuts the presumption of adverse effects (d) of Title 14 of the California Code of D. Based on the findings an conclusions set forth herein, this Planning Commission hereby finds a follows: 1. The project site is located at 2151 Derringer Lane (Lot 54, Tract No. 23483) within a gated community identified as "The Country Estates." The projec site is an irregular rectangular shaped parcel with descending slopi 19 topography towards the rear (west) property line. According to the ract map, the project site is approximately 1.89 gross acres (82,328 square feet). 2. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. 4. Generally, the followin R-1-40,000 Zone. zone: to the north, south, east and west is the 5. The Application request is to construct an approximate 3,410 square foot addition (includinc a 1,209 square foot garage and 593 square feet of patio/balcony) G an existing 3,508 square foot two-story single- family dwelling. The development also includes the construction of E retaining walls wit a maximum exposed height of six (6) feet. Additionally, a reqUE St for approval of a Minor Conditional Use Permit to continue a 20 -foo legal nonconforming front yard setback distance. Development Review In accordance with Secti n 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission hereby finds as follows: 1. The design and layo it of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site is n existing developed single-family residential parcel of land located in a gated community identified as "The County Estates" On July 2 , 1995, the City adopted its General Plan, and the proposed projecl complies with the General Plan land use goals, objectives and strat gies. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for "The Country Estates" and is consistent with other development within this community. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural style (Mediterranean) and construction materials, which are compatible with the eclectic architectural style, colors, and material of other homes within 'The Country Estates" 2. The design and layout of the proposed development will not interfere with the use and nJoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is an existing developed single-family residential estate parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Derringer Lane adequately serves the project site and wasestablished 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 community. 3. The architectural de: with the characterisl maintain the harm contemplated by Ct Guidelines, or any aK The proposed projec in terms of mass a exceeds the City's , Guidelines and City's project will mainta, development contem Standards, City Des There is no aDDlicabl homeowners association within this gated ign of the proposed development is compatible cs of the surrounding neighborhood and will mious, orderly and attractive development apter 22.48, the General Plan, City Design plicable specific plan. is consistent with the surrounding development rd scale. Furthermore, the project meets or )evelopment Review Standards, City Design general Plan policies. Asa result, the proposed 7 the harmonious, orderly and attractive dated by Chapter 22.48 Development Review 7n Guidelines, and the City's General Plan. specific plan for this area. 4. The design of the pr posed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through go:)d aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Mediterranean" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. The proposed projec safety, or welfare or property values or improvements in the Before the issuance project is required to resolution and the E Division, and Fire C agencies through the i the proposed project w or welfare nor will it improvements in the v, will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or of City development permits, the proposed comply with all conditions set forth in this uilding and Safety Division, Public Works epartment requirements. The referenced )ermit and inspection process will ensure that 71 not be detrimental to the public health, safety be materially injurious to the properties or 6. The proposed project has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California F Environmental Q Class 3 (a) (New categorical exerr Diamond Bar. Minor Conditional Use Perimit Pursuant to Section 22.56 Planning Commission her Act of 1970 (CEQA), Article 19, Section 15303 truction or Conversion of Small Structure). The reflects the independent judgment of the City of I of the Diamond Bar Development Code, the finds as follows: The proposed uses allowed within the subject zoning district with approval of a Mina Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The existing home s located within the City's R-1 (40, 000) zoning district, which allows for the development of single-family residences. Additionally, Section 22.68.030.8 permits the continuation of a legal nonconforming setback provided a Minor Conditional Use Permit is approved. The project has been designed to meet or exceed the applicable development standards set forth in the Diamond Bar Development Code. 2. The proposed use lis consistent with the General Plan and any applicable specific plan. The project site is an existing developed single-family residential parcel of land located in the developed 'The County Estates." 4n July 25, 1995, the C'ty adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (40,000) zone and the City's Hillside Managemen Ordinance. 3. The design, locatio , size and operating characteristics of the proposed use are copatible with the existing and future land uses in the vicinity. 7 The resulting 6,918 square foot two-story eclectic Mediterranean designed single -farm residence is compatible with the surrounding and neighboring properties, which have been developed with homes of similar size and st 1e. Additionally, approval of the reduced front yard setback will not alter the established neighborhood pattern or character or result in a haphazard layout. 5 4. The subject site is pig of use being prop compatibility with ad constraints. The approximate 1. proposed expansion in compliance with t, standards. Also, tl connected to the City with the required m Conditional Use Pen ysically suitable for the type and density/intensity )sed including access, provision of utilities, oining land uses, and the absence of physical �9-acre site is adequate to accommodate the :)f the existing single- family residence, which is e applicable Diamond Bar Development Code e existing single-family home is currently s sewer system and is being adequately served ter and public utilities. Approval of the Minor Wt would have no impact on these services. 5. Granting the Minor C Dnditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare or materially injurious to persons, property or improvements in the vicinity and zoning district in whici the property is located. The proposed slight y reduced front yard setback area will not substantially blockthe view or degrade the light and open space area of the northerly or so herly adjacent lots, which are currently vacant. Additionally, given the existing development pattern of the neighborhood, concis ing of lots with various slope percentages, the intent of the Code to respect and compliment the front yard setback area of adjacent prop grties will not be compromised. Therefore, the project will not have a negative impact on the public interest, health, safety or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). The appropriate en requirements of the t been conducted. Ba,4 the project to be Cath Class 3 (c) (New Co the State CEQA Guic necessary. G. Nonconforming Findings inmental analysis, in compliance with the Fornia Environmental QualityAct (CEQA), has on that assessment, the City has determined ically Exempt underArticle 19 Section 15303 luction or Conversion of Small Structure) of ies. No further environmental assessment is In accordance with Section 2 .68.030.0 the Planning Commission hereby finds that the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: 1. Incompatible with o�her structures in the neighborhood. The proposed con inuation of the minimally reduced front yard setback distance (10 feet) will not alter the established neighborhood character or result in a haphazard layout. Approval would still promote a sensible building plan, and contribute to an attractive street scene. 2. Inconsistent with the General Plan or any applicable specific plan. The project site is 3n existing developed single-family residential parcel of land located in the developed `The County Estates." on July 25, 1995, the C ity adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (40,000) zone and the City's Hillside Management Ordinance. 3. A restriction to the eventual/future compliance with applicable regulations of this D velopment Code. Approval of the Minc Pr Conditional Use Permit, which will permit the continuation of a legal nonconforming front yard setback distance, will not result in restrictin 7 future compliance with the applicable Diamond Bar Development Cc de regulations. 4. Detrimental to the health, safety and general welfare of persons residing in the neighborhood, Based on the conditions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety or general welfare of persons residing in the neighborhood 5. Detrimental and/or i jurious to property and improvements in the neighborhood. The project site is estate parcel of land The proposed prof neighborhood. H. Based on the findings Commission hereby al conditions: existing developed single-family residential rounded by existing residential development. will compliment the development of the conclusions set forth above, the Planning !s the Application subject to the following 7 1. The project shall s bstantially conform to site plan, floor plans, elevations, lands ape/irrigation plan, grading pian and materials/colors boa d collectively labeled as Exhibit "A" as presented to the Planning Com ission on November 9, 2004, and as amended herein. 2. 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, the 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. 3. The driveway width leading from the street to the garage space shall not exceed 12'-0", except for the portion fronting the garage for adequate backing distance, which may not exceed 24'-0". 4. The applicant shall b required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity ar d location, for review and approval by the City's Planning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. Heavy landscaping shall be applied to the west sides of all retaining walls. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 5. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 6. The single-family resi ence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significan ly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or Vhich create traffic and parking problems in the neighborhood. 7. 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 and Agreement shall be completed and recorded with the Los Angele County's Recorder's Office prior to the issuance of a building permit 8. The exposed faces f the retaining walls shall not exceed a maximum height of six (6) feet and have a decorative finish to match the building design, and be hea ily landscaped for added aesthetics. 9. All construction activity shall be in conformity with the requirements and limitations of he City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 10. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide tempo ry sanitation facilities while under construction. 11. The single-family st ucture shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 12. 13 14. The minimum des "C" exposure. The single-family the following requ a. All roof coveri shall be fire flame or mem b. All enclosed u walls; C. All openings ii shall be coves than '/a inch n where such or This single-family Standards. wind pressure shall be 80 miles per hour and ure is located in "Fire Zone 4" and shall meet nts of that fire zone: g shall be "Fire Retardant, Class A"; the roofs opped at the eaves to preclude entry of the ers under the fire; der -floor areas shall be constructed as exterior the attic, floor, and/or other enclosed areas J Ath corrosion -resistant wire mesh not less I ore than '/z inch in any dimension except nings are equipped with sash or door. re shall meet the State Energy Conservation 15. Retaining wall perm�ts shall be obtained from the Engineering Department. 18. The applicant shall c mply with the requirements of the City Engineer and Public Works Divisions to include the provisions outlined in the memorandum dated June 10, 2004. 17. Prior to the issuanc of any City permits, the applicant shall be required to submit a inal grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the sjtE and the construction of the proposed structures 18. Shall be in complian a with the recommendations set forth in such soils report. 19. 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 Practic s (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Eng nee ring Division. 20. Drainage patterns an techniques shall be reviewed and approved by the Public Works Divi ion prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 21. The applicant shall su more of earthwork pi grading plan shall be state of California, in a for the City's review delineate the followinc (a) Cut and fill quaff (b) Existing and pr( (c) Flow lines an( calculations sh devices as well (d) Finish surface and retaining w, 22. Prior to the issuance Plans shall be subm approval. mit a precise grading plan for 50 cubic yards or :)r to the issuance of any City permits. The )repared by a civil engineer, licensed by the cordance with the City's grading requirements id approval. The precise grading plan shall ities with calculations; )osed topography; drainage/drainage outlets and hydrology wing the capacity of proposed drainage s exiting drainage devices on site; and id finished grade of all walls/retaining walls I calculations. any City permits, the proposed construction ?d to the Fire Department for review and 23. Applicant shall maks and shall submit tl Division prior to the 24. The applicant shall Los Angeles Coun District. 25. All utility service underground, application to the water purveyor as necessary, ie evidence of their approval to the Planning issuance of building permits. sake an application for sewer connection with the Department of Public Works and the Sanitation the proposed project shall be installed 26. In accordance with the Department of Fish and Game Section 711.4, the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. 27. This entitlement is (i.e., construction s entitlement shall aut be approved when prior to the expiration the extension reque: with Chapter 22.72 c 28. This entitlement shE permittee and owne permittee) have filed, the City of Diamond Department, their affi accept all the conditi become effective ui processing fees. The Planning Commission a. Certify to the ado b. Forthwith transmit a c to Vishal Kaushal, 21; Pete Volbeda, 615 N. alid for two (2) years and shall be exercised all commence) within that period or this matically expire. A one (1) year extension may ibmitted to the City in writing at least 60 days date. The Planning Commission may consider at a duly noticed public hearing in accordance the City of Diamond Bar Development Code. 11 not be effective for any purpose until the of the property involved (if other than the within fifteen (15) days of the approval date, at Bar Community and Development Services davit stating that they are aware and agree to ins of this grant. Further, this grant shall not itil the permittee pays any remaining City all; of this Resolution; and :rtified copy of this Resolution, by certified mail 1 Derringer Lane, Diamond Bar, CA 91765 and Benson Avenue, Unit D, Upland, CA 91768 11 APPROVED AND ADOPTED THIS THE 9T" DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE QJY OF DIAMOND BAR. ay: Dan Nolan, Chairma 1, James DeStefano, Planning Commissi Resolution was duly introduced, passed, City of Diamond Bar, at a regular meetir November 2004, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: r ATTEST: Jarn6s DeStefand_ Seer to z Secretary, do hereby certify that the foregoing nd adopted by the Planning Commission of the of the Planning Commission held on the 91h of 2 nus, WC Tanaka, Low, Tye, Chair Nolan G COMMISSION A RESOLUTION OF THE PLA DIAMOND BAR APPROVING MINOR CONDITIONAL USE PE EXEMPTION ALLOWING THE 3,410 SQUARE FOOT ADDITIO GARAGE AND 593 SQUARE EXISTING 3,508 SQUARE DWELLING. THE APPROVAL WITH A MAXIMUM EXPOSE CONTINUATION OF A LEGAL YARD SETBACK DISTANCE. 2151 DERRINGER LANE (LOT CALIFORNIA. ION NO. 2004-48 NING COMMISSION OF THE CITY OF EVELOPMENT REVIEW NO. 2004-21, MIT NO. 2004-11 AND CATEGORICAL ONSTRUCTION OF AN APPROXIMATE (INCLUDING A 1,209 SQUARE FOOT FEET OF PATIO/BALCONY) TO AN OOT TWO-STORY SINGLE-FAMILY LSO INCLUDES RETAINING WALLS HEIGHT OF SIX FEET AND THE NONCONFORMING 20 -FOOT FRONT HE PROJECT SITE IS LOCATED AT 4, TRACT NO. 23483), DIAMOND BAR, 1. RECITALS The property owner, Visha filed an application for Dev Use Permit No. 2004-11 an 2151 Derringer Lane, Di Hereinafter in this Resolu Conditional Use Permit and "Application." Kaushal, and the applicant, Pete Volbeda have lopment Review No. 2004-21, Minor Conditional categorical exemption for a property located at mond Bar, Los Angeles County, California. ion, the subject Development Review, Minor categorical exemption shall be referred to as the B. On October 28, 2004, public hearing notices were mailed to approximately 28 property owners within 500 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public place . On October 29, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin ewspapers. C. On November 9, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. NOW, THEREFORE, it is foundl, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part I, of this Resolution are true and correct. B. The Planning Commission this Resolution is categoric California Environmental C thereunder. Furthermore, tl judgment of the City of Dia hereby finds that the project identified above in ally exempt pursuant to Section 15303 (a) of the uality Act (CEQA) and guidelines promulgated ie categorical exemption reflects the independent pond Bar. C. The Planning Commission hereby specifically finds and determines that, having considered the rec rd as a whole including the findings set forth below, and changes and alt rations which have been incorporated into and conditioned upon the propo ed project set forth in the application, there is no evidence before this Planni g Commission that the project proposed herein will have the potential of a adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753. (d) of Title 14 of the California Code of Regulations. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1. The project site is Ic No. 23483) within a Estates." The projec with descending slopi line. According to the gross acres (82,328 square feet). cated at 2151 Derringer Lane (Lot 54, Tract ated community identified as 'The Country site is an irregular rectangular shaped parcel g topography towards the rear (west) property ract map, the project site is approximately 1.89 2. The project site has General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square reet(R-1-40,000) Zone interpreted as Rural Residential (RR) Zon . 4. Generally, the followin zone: to the north, south, east and west is the R-1-40,000 Zone. 5. The Application reque foot addition (includin feet of patio/balcony) t family dwelling. The d t is to construct an approximate 3,410 square a 1,209 square foot garage and 593 square an existing 3,508 square foot two-story single- velopment also includes the construction of 11 retaining walls with a maximum exposed height of six (6) feet. Additionally, a requ st for approval of a Minor Conditional Use Permit to continue a 20 -foot legal nonconforming front yard setback distance. E. Development Review In accordance with Sectii Diamond Bar Development follows: 1. The design and layo the General Plan, d design guidelines, (e.g., theme areas, planned developme The project site is parcel of land locate Estates". On July 2 the proposed projec objectives and strati )n 22.48.040 (Findings and Decision) of the Code, the Planning Commission hereby finds as t of the proposed development is consistent with velopment standards of the applicable district, ind architectural criteria for specialized area pecific plans, community plans, boulevards, or ts). in existing developed single-family residential in a gated community identified as "The County 5, 1995, the City adopted its General Plan, and complies with the General Plan land use goals, gies. The proposed prof ct, as conditioned within this resolution, will maintain the require setbacks, height requirements and lot coverage provisions. The pro osed project is not unusual for "The Country Estates" and is c sistent with other development within this community. As a r sult, the proposed project complies with the General Plan obje tives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and pen space. Furthermore, the proposed project will maintain an arch tectural style (Mediterranean) and construction materials, which are ompatible with the eclectic architectural style, colors, and material f other homes within "The Country Estates". 2. 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 streets within "The C this type of develop project site and was e neighborhood. Additi proposed project development of the s estate parcel of land n existing developed single-family residential surrounded by existing developed residential me proposed size and intensity. Therefore, the ill compliment the development of the nally, Derringer Lane adequately serves the tablished to handle minimum traffic created by ent. Furthermore, this street and all other untry Estates" are private streets managed and maintained by the community. 3. The architectural de; with the characteris maintain the harm contemplated by Cl Guidelines, or any al The proposed project in terms of mass a exceeds the City's Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Des gn Guidelines, and the City's General Plan. There is no applicabl specific plan for this area. 0 homeowners association within this gated ign of the proposed development is compatible ics of the surrounding neighborhood and will nious, orderly and attractive development —apter 22.48, the General Plan, City Design plicable specific plan. is consistent with the surrounding development ,d scale. Furthermore, the project meets or evelopment Review Standards, City Design D 4. The design of the pr environment for its c neighbors, through g 0 that will remain aesth( oposed development will provide a desirable ccupants and visiting public, as well as its od aesthetic use of materials, texture, and color 4ically appealing. The 'Mediterranean" design proposes the use of a variety of compatible building aterials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. The proposed projec will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or esale(s) of property) to the properties or improvements in the v cinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project 71 not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. The proposed project) has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt Pursuant to the guidelines of the California Environmental Qua ityAct of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New C nstruction or Conversion of Small Structure). The categorical exempt n reflects the independent judgment of the City of Diamond Bar. F. Minor Conditional Use Permit Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the Planning Commission herby finds as follows: 1 The proposed use approval of a Mino other applicable pi Municipal Code. The existing home, district, which allows Additionally, Sectior nonconforming setb approved. The proji applicable developr Development Code. s allowed within the subject zoning district with Conditional Use Permit and complies with all ovisions of this Development Code and the is located within the City's R-1 (40,000) zoning for the development of single-family residences. 22.68.030.8 permits the continuation of a legal ck provided a Minor Conditional Use Permit is ct has been designed to meet or exceed the bent standards set forth in the Diamond Bar 2. The proposed use is consistent with the General Plan and any applicable specific plan. The project site is n existing developed single-family residential parcel of land locat d in the developed "The County Estates." On July 25, 1995, the C'ty adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The prof ct has been designed in accordance with the development stand rds for the R-1 (40,000) zone and the City's Hillside Management Ordinance. 3. The design, locatio , size and operating characteristics of the proposed use are co patible with the existing and future land uses in the vicinity. The resulting 6,918 designed single-fami, and neighboring prop of similar size and st yard setback will not character or result in square foot two-story eclectic Mediterranean y residence is compatible with the surrounding erties, which have been developed with homes le. Additionally, approval of the reduced front alter the established neighborhood pattern or haphazard layout. 4. The subject site is physically suitable for the type and density/intensity of use being prop sed including access, provision of utilities, compatibility with adoining land uses, and the absence of physical constraints. The approximate 1. 9-acre site is adequate to accommodate the proposed expansion of the existing single- family residence, which is in compliance with t 0 applicable Diamond Bar Development Code standards. Also, t e existing single -family home is currently connected to the Cit's sewer system and is being adequately served with the required water and public utilities. Approval of the Minor Conditional Use Per it would have no impact on these services. 5. Granting the Minor C nditional Use Permit will not be detrimental to the public interest, he Ith, safety, convenience or welfare or materially injurious to persons, property or improvements in the vicinity and zoning district in whic the property is located. The proposed slight y reduced front yard setback area will not substantially block th view or degrade the light and open space area of the northerly or so herly adjacent lots, which are currently vacant. Additionally, given the existing development pattern of the neighborhood, consis ing of lots with various slope percentages, the intent of the Code to i area of adjacent prop project will not have a safety or welfare. espect and compliment the front yard setback wrties will not be compromised. Therefore, the negative impact on the public interest, health, 6. The proposed projec provisions of the Calif The appropriate envi requirements of the C been conducted. Base the project to be Categ Class 3 (c) (New Con; the State CEQA Guide necessary. G. Nonconforming Findings has been reviewed in compliance with the rnia Environmental Quality Act (CEQA). vonmental analysis, in compliance with the lifornia Environmental QualityAct (CEQA), has don that assessment, the City has determined orically Exempt underArticle 19 Section 15303 ;truction or Conversion of Small Structure) of lines. No further environmental assessment is In accordance with Section 2 .68.030.0 the Planning Commission hereby finds that the addition, enlarg ment, extension, reconstruction, relocation or structural alteration of the no conforming structure would not result in the structure becoming: her structures in the neighborhood. 3. 4. character or result i a sensible building setback distance (1 The proposed con development stand strategies. The proj project complies wit July 25, 1995, the The project site is parcel of land locat inuation of the minimally reduced front yard feet) will not alter the established neighborhood a haphazard layout. Approval would still promote Ian, and contribute to an attractive street scene. General Plan or any applicable specific plan. n existing developed single-family residential d in the developed "The County Estates." On ity adopted its General Plan, and the proposed the General Plan land use goals, objectives and ct has been designed in accordance with the rds for the R-1 (40,000) zone and the City's Hillside Management Ordinance. regulations of this D A restriction to th Bar Development C not result in restrictin Approval of the Min continuation of a leg residing in the neigh Detrimental to the neighborhood. eventual/future compliance with applicable velopment Code. r Conditional Use Permit, which will permit the I nonconforming front yard setback distance, will future compliance with the applicable Diamond de regulations. ealth, safety and general welfare of persons orhood. Based on the cond'tions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety o general welfare of persons residing in the 5. Detrimental and/or injurious to property and improvements in the neighborhood. The proposed proje neighborhood. estate parcel of land s The project site is a existing developed single-family residential mounded by existing residential development t will compliment the development of the H. Based on the findings anq conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: The project shall s bstantially conform to site plan, floor plans, elevations, lands ape/irrigation plan, grading plan and materials/colors boa d collectively labeled as Exhibit "A" as presented to the Planning Com ission on November 9, 2004, and as amended herein. 2. The site shall be m intained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement grant d herein. The removal of all trash, debris, and refuse, whether duri g or subsequent to construction shall be done only by the property Owner, the 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, constru tion, and industrial areas within the City. It shall be the applicant's obl ation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 3. The driveway width leading from the street to the garage space shall not exceed 12'-0", a cept for the portion fronting the garage for adequate backing distance, which may not exceed 24'-0". 4. The applicant shall bi plan for the entire sit color, size, quantity ai Planning Division. Th ground cover, flowe landscaping shall be landscaping and irrig< Certificate of Occupa 5. Maximum height of th finish grade at any ext the roofline. 6. required to submit a final landscape/irrigation that delineates the type of planting materials d location, for review and approval by the City's plan shall provide for a variety of grasses and ing plants, and shrubs and trees. Heavy pplied to the west sides of all retaining walls. All ion shall be installed prior to the issuance of a -cy. residence shall not exceed 35 feet from the rior wall of the structure to the highest point of The single-family resi creates adverse effec setting as to levels of similar types of disturb to result in significan resources. The sing commercial/institutions dwelling. The property result in a nuisance or% neighborhood. fence shall not be utilized in a manner that s upon the neighborhood and environmental dust, glare/light, noise, odor, traffic, or other ances. Nor shall the project be operated so as tly adverse effects on public services and le -family residence shall not be used for iI purposes, or otherwise used as a separate hall not be used for regular gatherings which ihich create traffic and parking problems in the 7. The owners shall complete and record a "Covenant and Agreement to Maintain a Single F mily Residence" on a form to be provided by the City. The Covenant and Agreement shall be completed and recorded with the Los Angele County's Recorder's Office prior to the issuance of a building permit 8. The exposed faces Of the retaining walls shall not exceed a maximum height of six (6) feet and have a decorative finish to match the building design, and be hea ily landscaped for added aesthetics. 9. All construction acti ity shall be in conformity with the requirements and limitations of he City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 10. Before constructio begins, the applicant shall install temporary construction fencin pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Buil ing Official approves its removal. The Applicant shall provide tempo ry sanitation facilities while under construction. 11. The single-family sttucture shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical ode requirements. 12. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 13. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: All roof coveri a. shall be fire flame or mem b. All enclosed u walls; C. All openings i g shall be "Fire Retardant, Class A"; the roofs topped at the eaves to preclude entry of the ers under the fire; der -floor areas shall be constructed as exterior to the attic, floor, and/or other enclosed areas shall be cover d with corrosion -resistant wire mesh not less than 1/4 inch n r more than 1/2 inch in any dimension except where such o nings are equipped with sash or door. 14. This single-family stru Standards. 15. Retaining wall perm Department. ture shall meet the State Energy Conservation is shall be obtained from the Engineering 9 16. The applicant shall c and Public Works Di memorandum dated 17. Prior to the issuanc required to submit a Public Works and preparation of the site 18. Shall be in complian soils report. 19. Before the issuance erosion control plan f control plan shall conf System (NPDES) st Management Practic Stormwater Mitigati provisions shall be p plans. Further details mply with the requirements of the City Engineer 'isions to include the provisions outlined in the June 10, 2004. m a of any City permits, the applicant shall be inal grading plan and soils report for the City's 3uilding Division review and approval. The and the construction of the proposed structures e with the recommendations set forth in such f any City permits, the applicant shall submit an r the City's review and approval. The erosion rm to National Pollutant Discharge Elimination ndards and incorporate the appropriate Best s (BMP's) to satisfy the Standard Urban n Plan (SUSMP) requirements. SUSMP epared and submitted as part of the grading On SUSMP requirements shall be obtained from the Public Works/Engineering Division. 20. Drainage patterns an( the Public Works Divi shall drain away from 21. The applicant shall su b more of earthwork pr grading plan shall be state of California, in a for the City's review delineate the followinL (a) Cut and fill quar (b) Existing and pr (c) Flow lines an calculations sh devices as well (d) Finish surface and retaining wr techniques shall be reviewed and approved by ion prior to any permit issuance; surface water the building at a 2% minimum slope. mit a precise grading plan for 50 cubic yards or or to the issuance of any City permits. The prepared by a civil engineer, licensed by the :cordance with the City's grading requirements nd approval. The precise grading plan shall tities with calculations; posed topography; drainage/drainage outlets and hydrology wing the capacity of proposed drainage ,s exiting drainage devices on site; and nd finished grade of all walls/retaining walls dl calculations. 22. Prior to the issuance o any City permits, the proposed construction plans shall be submit ed to the Fire Department for review and approval. 0 23. Applicant shall mak and shall submit t Division prior to the 24. The applicant shall make an application for sewer connection with the Los Angeles Count Department of Public Works and the Sanitation District. 25. All utility service underground. 26. 27. 28. In accordance with tt the applicant shall n approval, a cashier's in connection with Fi This entitlement is (i.e., construction s entitlement shall aut application to the water purveyor as necessary, ie evidence of their approval to the Planning issuance of building permits. 0 the proposed project shall be installed e Department of Fish and Game Section 711.4, imit to the City, within five days of this grant's check of $25.00 for a documentary handling fee 3h and Game Code requirements. alid for two (2) years and shall be exercised m all commence) within that period or this matically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days the extension reques with Chapter 22.72 o prior to the expiratio This entitlement shI permittee and owne permittee) have filed, the City of Diamond a Department, their affi accept all the conditi become effective ui processing fees. date. The Planning Commission may consider at a duly noticed public hearing in accordance the City of Diamond Bar Development Code. II not be effective for any purpose until the of the property involved (if other than the within fifteen (15) days of the approval date, at Bar Community and Development Services davit stating that they are aware and agree to ons of this grant. Further, this grant shall not Itil the permittee pays any remaining City a. Certify to the adoptiorM of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to Vishal Kaushal, 21 1 Derringer Lane, Diamond Bar, CA 91765 and Pete Volbeda, 615 N. Benson Avenue, Unit D, Upland, CA 91768 11 APPROVED AND ADOPTED THIS THE 9T DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, James DeStefano, Planning Commissi n 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 meetin of the Planning Commission held on the 91h of November 2004, by the following vote: AYES: COMMISSIONERS: McManus, V/C Tanaka, Low, Tye, Chair Nolan NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: 12