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HomeMy WebLinkAboutPC 2004-49PLANNING COMMISSION RESOLUTION NO. 2004-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-01, MINOR VARIANCE NO. 2004-01 AND CATEGORICAL EXEMPTION ALLOWING FOR THE CONSTRUCTION OF A THREE-STORY SINGLE FAMILY DWELLING CONTAINING A COMBINED FLOOR AREA OF APPROXIMATELY 10,867 SQUARE FEET INCLUDING PORCHES, BALCONIES, COVERED PATIOS, DECK AND 6 -CAR GARAGE. THIS APPROVAL ALSO INCLUDES LIGHTED TENNIS COURT, SWIMMING POOL, AND RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET. THE MINOR VARIANCE APPROVALPERMITS A 24 -FOOT FRONT YARD SETABCK IN LIEU OF THE CODREQUIRED DISTANCE OF 30 FEET. THE PROJECT SITE IS LOCATED At 1741 DERRINGER LANE (LOT 5, TRACT NO. 24046), DIAMOND BAR, CALIFORNIA. I. RECITALS A. The property owner, Marie Bechara and Elie Nader, and the applicant, Pete Volbeda have filed an application for Development Review No. 2004-01, Minor Variance No. 2004-01 and Categorical Exemption for a property located at 1741 Derringer Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance and Categorical Exemption shall be referred to as the "Application." B. On October 28, 2004, public hearing notices were mailed to approximately 40 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 newspapers. C. On November 9, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded al duly noticed public hearing on the Application. II. RESOLUTION NOW, THEREFORE, it is found'e 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 hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1. The project site is located at 1741 Derringer Lane (Lot 5, Tracl No. 24046) within agated community identified as "The Country Estates". The proj ct site is an odd pie -shaped parcel with a narrowing and descending sloping topography towards the rear and sloping upward to the rear (west) property line. According to the Tract map, the project site is approximately 1.32 gross acres (57,499 square feet) and has a flood hazard area within the rear yard. 2. The project site has 4 General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone. 4. Generally, the following zone surrounds the project site: to the north), south, east and west is the R-1-40,000 Zone. 5. The Application request is to construct a three-story single-family dwelling containing a :ombined floor area of approximately 10,867 square feet (including) porches, balconies, covered patios, lighted tennis court, swimming pool, 6 -car garage, and retaining walls of varying heights not to exceed exposed height of six feet). E E. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission hereby finds as follows: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developmelnts). The project site is o vacant infill lot site for the development of a single-family residence. The proposed project as conditioned is consistent with the (General Plan in that it will maintain the integrity and not degrade this residential area. 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 ithin 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 enjoyment of neighboring existing or future development, and wkll not create traffic or pedestrian hazards. The project site is an existing vacant single-family residential estate parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project ill compliment the development of the neighborhood. Addi�vv onally, Derringer Lane adequately serves the project site and wasstablished to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managedand maintained by the homeowners association within this gated community. 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development 3 contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter22.48 Development Review Standards, City De ign Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Mediterranean" design proposes the use of a variety of compatible buildingaterials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or 'resale(s) of property) to the properties or improvements in the vicinity. Before the issuance,, of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the 'Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through they permit and inspection process will ensure that the proposed project will 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 Exemppursuant to the guidelines of the California Environmental Qualit Act of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption,reflects the independent judgment of the City of Diamond Bar. 4 F. Minor Variance In accordance with Section 22.52.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission hereby finds as follows: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and anon -self-created, hardship or unreasonable regulation which males it obviously impractical to require compliance with development standards. The size and shape Of this property is not typical among those in the general vicinity. However, it does have a severe varying sloping grade, which strict application of the Code in this instance would prevent the site frOR I promoting a design that respects and protects the natural topograp y, thus not satisfying the intent of the Code that hillside developmentls shall be concentrated in those areas with the least environmental impact. 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same) vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. The granting of the 'Minor Variance would allow the applicant to construct a conforming single-family dwelling of reasonable and comparable size and quality with a reduced front yard setback of 24 feet instead of the 30 foot required by the Code, and would not result in a haphazard layout of land use, nor would it lend a haphazard quality for appearance to the surrounding area. Additionally, the single-family home would not alter the existing established charactert of the neighborhood. In this instance, strict application of the Code, would be detrimental to the established neighborhood and be conflicting to the essence of the requirements. The resulting deviation from the minimum required front yard setback distance would still provide a sufficient open area that does not hinder the adjacent properties views nor disrupt the established street scene. 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. 5 The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan and any applicable specific plan. Additionally, the requested deviation from the minimum required front yard setback distance is relatively minor given the circumstances (ie., steepness of the lot beginning at the front property line and the commonness of 20 foot front yard setbacks for otherresidences within the surrounding neighborhood) and would not cause any negative impacts, and the intent of the Code will still be satisfied. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. 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 will not be detrimental to the public health, safety or welfare nor will it, be materially injurious to the properties or improvements in the Ocinity. 5. The proposed entitlement 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 QualityjAct of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independent judgment of the City of Diamond Bar. G. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: The project shall substantially conform to site plan, floor plans, elevations, landscape/irrigation plan, grading plan and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission 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 for 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, C^ transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within toe 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 applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Commission. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. Heavy landscaping shall bei applied to planter areas adjacent and between all retaining walls. �11 landscaping and irrigation shall be installed prior to the issuance' of a Certificate of Occupancy. 4. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 5. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significalntly 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 which create traffic and parking problems in the neighborhood. 6. The owners shall complete and record a "Covenant and Agreement to Maintain a Single Farhily Residence" on a form to be provided by the City. The Covenant and Agreement shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 7. 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 heavily landscaped for added aesthetics. 8. All construction activity shall be in conformity with the requirements and limitations of th City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 9. 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 7 remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 10. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical rode requirements. 11. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 12. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. 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; b. All enclosed urider-floor areas shall be constructed as exterior walls; C. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/ inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 13. This single-family stricture shall meet the State Energy Conservation Standards. 14. Retaining wall permits shall be obtained from the Engineering Department. 15. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions to include the provisions outlined in the memorandum dated January 20, 2004. 16. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and wilding Division review and approval. The preparation of the site land the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 17. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP 8 provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 18. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 19. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, inl*ccordance with the City's grading requirements for the City's review) and approval. The precise grading plan shall delineate the following: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining Wall calculations. 20. Prior to the issuance! of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval 21. Applicant shall make )application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. 22. The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. 23. All utility service to the proposed project shall be installed underground. 24. 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. 25. This entitlement is v lid for two (2) years and shall be exercised (i.e., construction sh:ll commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider N the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 26. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, 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 become effective until the permittee pays any remaining City processing fees. H. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Marie Bechara and Elie Nader, 2059 E. Del Almo BoulevaGrd, Rancho Dominguez, CA 90220, and Pete Volbeda, 615 IN. Benson Avenue, Unit D, Upland, CA 91768 APPROVED AND ADOPTED THIS THE 9T" DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: %f Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9h of November 2004, by the following vote: AYES: Commissioners: Tye, VC/Tanaka, Nolan, McManus NOES: Commissioners: Low ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: � ` James PeStbfano, Secretary 10 PLANNING COMMISSION RESOLUTION NO. 2004-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-01, MINOR VARIANCE NO. 2004-01 AND CATEGORICAL EXEMPTION ALLOWING FOR THE CONSTRUCTION OF A THREE-STORY SINGLE FAMILY DWELLING CONTAINING A COMBINED FLOOR AREA OF APPROXIMATELY 10,867 SQUARE FEET INCLUDING PORCHES, BALCONIES, COVERED PATIOS, DECK AND 6 -CAR GARAGE. THIS APPROVAL ALSO INCLUDES LIGHTED TENNIS COURT, SWIMMING POOL, AND RETAINING WALLS OF VARYING HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET. THE MINOR VARIANCE APPROVAL PERMITS A 24 -FOOT FRONT YARD SETABCK IN LIEU OF THE CODE REQUIRED DISTANCE OF 30 FEET. THE PROJECT SITE IS LOCATED At 1741 DERRINGER LANE (LOT 5, TRACT NO. 24046), DIAMOND BAR, CALIFORNIA. 1. RECITALS A. The property owner, Marie Bechara and Elie Nader, and the applicant, Pete Volbeda have filed an application for Development Review No. 2004-01, Minor Variance No. 2004-01 and Categorical Exemption for a property located at 1741 Derringer Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance and Categorical Exemption shall be referred to as the "Application." B. On October 28, 2004, public hearing notices were mailed to approximately 40 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 newspapers. C. On November 9, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded al duly noticed public hearing on the Application. II. RESOLUTION NOW, THEREFORE, it is found'y 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 hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1 The project site is located at 1741 Derringer Lane (Lot 5, Tract No. 24046) within a (gated community identified as "The Country Estates". The proj ct site is an odd pie -shaped parcel with a narrowing and descending sloping topography towards the rear and sloping upward to the rear (west) property line. According to the Tract map, the project site is approximately 1.32 gross acres (57,499 square feet) and has t3 flood hazard area within the rear yard. 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 Feet (R-1-40,000) Zone. 4. Generally, the following zone surrounds the project site: to the north), south, east and west is the R-1-40,000 Zone. 5. The Application request is to construct a three-story single-family dwelling containing a combined floor area of approximately 10,867 square feet (including porches, balconies, covered patios, lighted tennis court, swimminlg pool, 6-car garage, and retaining walls of varying heights not to exceed exposed height of six feet). 2 E. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission hereby finds as follows: 1 The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developmehts). The project site is q vacant in fill lot site for the development of a single -family residence. The proposed project as conditioned is consistent with the (General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusu I for'The Country Estates"and is consistent with other development ithin 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 enjoyment of neighboring existing or future development, and whll not create traffic or pedestrian hazards. The project site is an existing vacant single -family residential estate parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Derringer Lane adequately serves the project site and was stablished to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. 3. The architectural design of the proposed development is compatible with the characterisics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development 3 contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Deign Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The "Mediterranean" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and mist in preserving the hillside's aesthetic value. 5. The proposed project will not be detrimental to the public health, safety, or welfare or, materially injurious (e.g., negative affect on property values or'resale(s) of property) to the properties or improvements in the bicinity. 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 Will 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 Exemp pursuant to the guidelines of the California Environmental Qua lit Act of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independent judgment of the City of Diamond Bar. 4 F. Minor Variance In accordance with Section 22.52.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission hereby finds as follows: 1 There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and Inon -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with development standards. The size and shape of this property is not typical among those in the general vicinity. However, it does have a severe varying sloping grade, which strict application of the Code in this instance would prevent the site fro promoting a design that respects and protects the natural topography, thus not satisfying the intent of the Code that hillside developments shall be concentrated in those areas with the least environmental impact. 2. Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the samelvicinity and zoning district and denied to the property owner for which the Minor Variance is sought. The granting of the Minor Variance would allow the applicant to construct a conforming single-family dwelling of reasonable and comparable size and quality with a reduced front yard setback of 24 feet instead of the 30 foot required by the Code, and would not result in a haphazard layout of land use, nor would it lend a haphazard quality or appearance to the surrounding area. Additionally, the single-family home would not alter the existing established charactert of the neighborhood. In this instance, strict application of the Code, would be detrimental to the established neighborhood and be conflicting to the essence of the requirements. The resulting deviation from the minimum required front yard setback distance would still provide a sufficient open area that does not hinder the' adjacent properties views nor disrupt the established street scene. 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. 5 The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan and any applicable specific plan. Additionally, the requested deviation from the minimum required front yard setback distance is relatively minor given the circumstances (i.e., steepness of the lot beginning at the front property line and the commonness of 20 foot front yard setbacks for other residences within the surrounding neighborhood) and would not cause any negative impacts, and the intent of the Code will still be satisfied. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Before the issuance of City development permits, the proposed project is required t comply with all conditions set forth in this resolution and the wilding 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 —ill not be detrimental to the public health, safety or welfare nor will it, be materially injurious to the properties or improvements in the Vicinity. 5. The proposed entitlement 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 QualitylActof 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption jreflects the independent judgment of the City of Diamond Bar. G. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 1 The project shall substantially conform to site plan, floor plans, elevations, landscape/irrigation plan, grading plan and materials/colors board collectively labeled as Exhibit AN as presented to the Planning Commission 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, 6 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 applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Commission. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. Heavy landscaping shall be applied to planter areas adjacent and between all retaining walls. All landscaping and irrigation shall be installed prior to the issuance!of a Certificate of Occupancy. 4. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 5. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The sirhgle-family residence shall not be used for commerciaVinstitutiorhal 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. 6. The owners shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The Covenant arhd Agreement shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 7. 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 heavily landscaped for added aesthetics. 8. All construction activity shall be in conformity with the requirements and limitations of th City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 9. 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 7 remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 10. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 11. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 12. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. 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; b. All enclosed under -floor areas shall be constructed as exterior walls; c. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 13. This single-family structure shall meet the State Energy Conservation Standards. 14. Retaining wall permits shall be obtained from the Engineering Department. 15. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions to include the provisions outlined in the memorandum dated January 20, 2004. 16. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 17. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP 8 provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 18. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 19. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, iniiaccordance with the City's grading requirements for the City's review) and approval. The precise grading plan shall delineate the following: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines and drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining Wall calculations. 20. Prior to the issuance, of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 21. Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. 22. The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. 23. All utility service to the proposed project shall be installed underground. 24. 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. 25. This entitlement is valid for two (2) years and shall be exercised (i.e., construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider 9 the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 26. This entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, 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 become effective until the permittee pays any remaining City processing fees. H. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Marie Bechara and Elie Nader, 2059 E. Del Almo Boulevard, Rancho Dominguez, CA 90220, and Pete Volbeda, 615 N. Benson Avenue, Unit D, Upland, CA 91768 APPROVED AND ADOPTED THIS THE 9TH DAY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. ;)r2i o r By: Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th of November 2004, by the following vote: AYES: Commissioners: Tye, VC/Tanaka, Nolan, McManus NOES: Commissioners: Low ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 10