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HomeMy WebLinkAboutPC 2004-56PLANNING COMMISSION RESOLUTION NO. 2004-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-37, MINOR VARIANCE NO. 2004-07, TREE PERMIT NO. 2004.11 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH A FOUR -CAR GARAGE WITH TWO SPACES IN TANDEM, COVERED PATIO, DECK AND BALCONIES, TOTALING TO APPROXIMATELY 8,000 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: A 20 PERCENT REDUCING IN THE FRONT YARD SETBACK; A 30 PERCENT INCREASE IN RETAINING WALLS HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF EIGHT FEET; AND THE PROTECTION OF OAK TREES. THE PROJECT SITE IS LOCATED AT 2108 RUSTY SPUR ROAD (LOT 107, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners/applicants, Yakob Liawatidewi and Sunmoon Suhaimi, have filed an application for Development Review No. 2004-37, Minor Variance No. 2004-07, Tree Permit No. 2004-11 and categorical exemption for a property located at 2108 Rusty Spur Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On December 2, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Dail .Bulletin newspapers. On November 29, 2004, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site. Furthermore, on November 29, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On December 14, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(x) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 2108 Rusty Spur Road (Lot 31, Tract No. 23483) within a gated community identified as `The Country Estates." The project site is rectangular shaped and descending in elevation toward the rear (north) and side (east) property lines. According to the tract map, the project site is approximately 1.15 gross acres (50,094 gross square feet). The tract map indicates a flood hazard area within the rear portion of the project site which begins approximately 125 feet from the front property line. The proposed development is not within the flood hazard area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application request is for approval to construct a three story single-family residence with a four -car garage with two spaces in tandem, covered patio, deck and balconies totaling to approximately 8,000 square feet and retaining walls within the front, side and rear yards varying in height with a maximum exposed height of eight feet. 2 The Minor Variance request is for a 20 percent reduction in the required front yard setback and a 30 percent increase in the allowed height of retaining walls. The Tree Permit is related to the protection of oak trees. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The project site is an existing vacant infill lot located in `The County Estates , planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 1995, in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RR -Maximum 1 DU/AC since the project site is 1.15 gross acres. The proposed project, as conditioned within this resolution, will maintain the required height for a residential structure; required side and rear yard setbacks; and required lot coverage. Additionally, through the Minor Variance process, as discussed below in the Minor Variance findings, the proposed project will seek a front yard setback reduction and an increase in retaining wall height due to the project site's constraints. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors (earth tone) are compatible with other residences in the surrounding neighborhood. The proposed residence is consistent in size with other homes surrounding the project site as well as within `The Country Estates" as a whole. Furthermore, the applicant has obtained the approval of `The Country Estates" Architectural Committee. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (t), the proposed project is a single- family residence, consistent with other single family residences established within "The Country Estates. " The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and 3 enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Rusty Spur Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates" are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 30099 and "The Country Estates" due to the eclectic architectural style existing in this area. The applicant has obtained `The Country Estates" homeowners' association architectural committee approval. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally, prominent architectural features of the proposed residence include columns that flank the front entry, window arrangement and style and roof articulation which is achieved by changes in the horizontal plane. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is no applicable specific plan for the project area. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (0 through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of n materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. Q} The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar, Minor Variance (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 the City's 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 non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. Pursuant to Development Code Section 22.52.020, an application for a Minor Variance may be filed and considered in order to: Decrease the front yard setback by not more than 20 percent; and increase retaining walls heights up to eight feet depending on topography constraints and the Director's determination that the wall is needed to implement the approved grading plan/permit for the subject parcel. For the proposed project, the applicant is requesting relief from two development standards. First, the applicant is requesting to reduce the required front yard setback by six feet or 20 percent; thereby maintaining a front yard setback of 24 feet instead of the required 5 30 feet. Due to the site's constraint such as the steepness, grade difference between Rusty Spur Road/edge of pavement and the existing rear yard retaining wall that support the developable pad area, a reduction in the front yard setback is needed. Furthermore, if the proposed residence is setback to the required 30 feet, the front yard retaining walls would need to be higher and the existing rear yard retaining walls would change (relocated at a higher height) and the proposed development may encroach into the flood hazard area. Second, the applicant is requesting to construct a series of two retaining walls to be located within the front yard setback to support the buildable pad. These retaining walls will vary in height vary in exposed height from two to eight feet and will be viewed mainly from the proposed residence because the walls are cutting into the front slope to provide a driveway area and generally the front yard. Due to the project site's topography which descends from the grade of Rusty Spur Road/edge of pavement (west -1166.56 to east -1150.1), retaining walls are necessary to create the pad for the driveway and front yard. Pursuant to Development Code Section 22.20.040, where a retaining wall protects a cut below the natural grade and is located in the front yard, the retaining wall may have a maximum exposed height of six feet. For walls that exceed six feet in height and are located within the rear yard, the Director may approve a maximum exposed height of eight feet due to varying topography or needed screening. However, the proposed retaining walls are located within the front yard setback. As a result, a Minor Variance approval is required. (m) 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 districts and denied to the property owner for which the Minor Variance is sought. As referenced above in Item (I), granting the Minor Variance is necessary forthe preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought due to the constraint of the project site cause by topography as described in Finding (1) above. (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site related to the steep topography and existing street grading, a reduction in the front yard setback will assist in minimizing grading, cause fewer retaining walls C^: at lower heights, cause the preservation of oak trees located on site and will keep development from encroaching into the flood hazard area located within the rear of the subject property. Therefore, granting the Minor Variance will be consistent with the General Plan. The project area does not have a specific plan. (o). The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 95303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Tree Permit (it shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community. (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s). (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated. (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, road waysldriveways, patios, and decks). 7 (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite. (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard. (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replace ment/Relocation Standards.) The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 1.15 gross acres and contains oaks trees eight inches or greater at DBH. Therefore, the tree permit process applies to this project. The applicant submitted an arborist report prepared by California Arborist dated October 19, 2004. The report assessed eight oak trees which are delineated in Exhibit `A"on the site plan and are described as follows: # species Location Size Health Action #1 Oak Front yard 24" DBH Good Remain #2 Oak Rear yard/not in construction area 24"DBH Good Remain #3 Oak Rear yard/not in construction area 10" DBH Good Remain #4 Oak Rear yard/not in construction area 10" DBH Good Remain #5 Oak Rear yard/not in construction area 8' DBH Good Remain #6 Oak Rear yard/not in construction area 18" DBH Good Remain #7 Oak Rear yard/not in construction area 36"DBH Good/ Remain #8 Oak Rear yard/not in construction area 20" DBH un -maintained Good/ Remain un -maintained All trees will remain and will require protection pursuant to Development Code Section 22.30.140. According to the arborist report, oak tree #1 should not be affected by retaining wall construction. The eight oak trees are required to be plotted on the grading plan with the protective chain link fencing for Planning Division review and approval prior to grading plan submittal. Said fencing shall be five feet in height and located five feet outside the trees' drip line. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall.remain until final inspection occurs. N Fi Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated December 44, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate species, location, size and quantity of all plant material including taller shrubs adjacent to the rear retaining walls. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) Prior to grading plan check submittal, the applicant shall submit a revised grading plan that plots all eight oak trees which are to remain. Grading plan shall also delineate the protective fencing five feet in height and located five feet outside the trees' drip line. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. Prior to the issuance of any City Permits, the revised grading plan shall be reviewed and approved by the Planning Division due to the protection of the eight oak trees. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) Retaining walls shall not exceed an exposed height of eight feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc,) 0 (g) Prior to the issuance of any City permits, the applicant shall have the existing seven foot high concrete block retaining wall and the 24 foot high crib wall located in the rear portion of the project site certified by a civil engineer licensed by the State of California. Said certification shall be presented to the Building and Safety Division for review and approval. (h) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. (i) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. (j) Building setback from top of slope at the rear of the subject property shall meet Section 18 of the 2001 California Code. (k) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and (5) Flood hazard area. (I) Prior to the issuance of a grading plan and/or any City permits, the applicant shall submit a geotechnical report prepared by a geotechnical engineer, licensed by the State of California for the City's review and approval, The geotechnical report shall include referencing the stability of the retaining walls to withstand pressure of the retained soils. (m) Upon approval of the geotechnical report, the applicant shall submit a grading plan including a hydrology study, prepared by a civil engineer, licensed by the State of California for the City's review and approval. 10 (n) Earthwork calculations shall be submitted concurrently with the grading plan for City review and approval. The grading plan shall be prepared in accordance with the City's requirements for grading plan check. This shall include using the correct title block format for the drawings. (o) An erosion control plan shall be submitted concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 1 and April 15. (p) Applicant shall obtain a Rough Grade and Fine Grade Certifications by a project soils and civil engineers and shall submit certifications to the Public Works/Engineering and Building and Safety Divisions prior to inspection and placement of concrete foundations or footings. (q) Applicant shall provide service connection for water, sewer, electric, gas, etc. (r) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (s) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (t) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (u) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (v) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. (w) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with a grading contractor, applicant, 11 and City grading inspector at least 48 hours prior to commencing grading operations. (x) The proposed residence shall comply with the State Energy Conservation Standards. (y) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (z) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (aa) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (bb) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (cc) All balconies shall be designed for a 40 pound per square foot live load and hand rails and guardrails shall be designed for 20 pound load applied laterally at the top of the rail. (dd) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (ee) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate 12 dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (ff) Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. (gg) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (h h) This approval 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 this approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (ii) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Yakob Liawatidewi and Sunmoon Suhaimi, 9355 Mesa Verde Drive, #E, Montclair, CA 91763 13 APPROVED AND ADOPTED TH 4TH DAYOF DECEMBER PLANNING COMMISSION OF THE F DIAMOND BAR. BY: — '0 aw f L. Dan Nolan, Chairman 2004, BY THE 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 14th day of December 2004, by the following vote: AYES: Commissioners: McManus, V/C Tanaka, Low, Tye, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 14 PLANNING COMMISSION RESOLUTION NO. 2004-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-37, MINOR VARIANCE NO. 2004-07, TREE PERMIT NO. 2004-11 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH A FOUR -CAR GARAGE WITH TWO SPACES IN TANDEM, COVERED PATIO, DECK AND BALCONIES, TOTALING TO APPROXIMATELY 8,000 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: A 20 PERCENT REDUCING IN THE FRONT YARD SETBACK; A 30 PERCENT INCREASE IN RETAINING WALLS HEIGHTS NOT TO EXCEED AN EXPOSED HEIGHT OF EIGHT FEET; AND THE PROTECTION OF OAK TREES. THE PROJECT SITE IS LOCATED AT 2108 RUSTY SPUR ROAD (LOT 107, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners/applicants, Yakob Liawatidewi and Sunmoon Suhaimi, have filed an application for Development Review No. 2004-37, Minor Variance No. 2004-07, Tree Permit No. 2004-11 and categorical exemption for a property located at 2108 Rusty Spur Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On December 2, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 29, 2004, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site. Furthermore, on November 29, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On December 14, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, 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. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 2108 Rusty Spur Road (Lot 31, Tract No. 23483) within a gated community identified as 'The Country Estates." The project site is rectangular shaped and descending in elevation toward the rear (north) and side (east) property lines. According to the tract map, the project site is approximately 1.15 gross acres (50,094 gross square feet). The tract map indicates a flood hazard area within the rear portion of the project site which begins approximately 125 feet from the front property line. The proposed development is not within the flood hazard area. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single Family Residence-Minimum Lot Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential (RR) Zone. (d) Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-40,000 Zone. (e) The Application request is for approval to construct a three story single -family residence with a four-car garage with two spaces in tandem, covered patio, deck and balconies totaling to approximately 8,000 square feet and retaining walls within the front, side and rear yards varying in height with a maximum exposed height of eight feet. 2 The Minor Variance request is for a 20 percent reduction in the required front yard setback and a 30 percent increase in the allowed height of retaining walls. The Tree Permit is related to the protection of oak trees. Development Review M (9) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments.) The project site is an existing vacant infill lot located in 'The County Estates", planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 1995, in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RR-Maximum I DU/AC since the project site is 1.15 gross acres. The proposed project, as conditioned within this resolution, will maintain the required height for a residential structure; required side and rear yard setbacks; and required lot coverage. Additionally, through the Minor Variance process, as discussed below in the Minor Variance findings, the proposed project will seek a front yard setback reduction and an increase in retaining wall height due to the project site's constraints. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors (earth tone) are compatible with other residences in the surrounding neighborhood. The proposed residence is consistent in size with other homes surrounding the project site as well as within 'The Country Estates" as a whole. Furthermore, the applicant has obtained the approval of 'The Country Estates" Architectural Committee. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced above in Finding (f), the proposed project is a single - family residence, consistent with other single family residences established within "The Country Estates." The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and 3 enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approval and will remain a single -family residence. Additionally, Rusty Spur Road adequately serves the project site and was established to handle minimum traffic created by this type of development. Furthermore, this street and all other streets within "The Country Estates"are private streets managed and maintained by the homeowners association within this gated community. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 30091 and "The Country Estates"due to the eclectic architectural style existing in this area. The applicant has obtained 'The Country Estates" homeowners' association architectural committee approval. The proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. As a result, the proposed project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Additionally, prominent architectural features of the proposed residence include columns that flank the front entry, window arrangement and style and roof articulation which is achieved by changes in the horizontal plane. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is no applicable specific plan forthe project area. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (t) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of 4 materials, texture and color that will remain aesthetically appealing while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. G) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Minor Variance (I) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's 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 non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. Pursuant to Development Code Section 22.52.020, an application for a Minor Variance may be filed and considered in order to: Decrease the front yard setback by not more than 20 percent; and increase retaining walls heights up to eight feet depending on topography constraints and the Director's determination that the wall is needed to implement the approved grading plan/permit for the subject parcel. For the proposed project, the applicant is requesting relief from two development standards. First, the applicant is requesting to reduce the required front yard setback by six feet or 20 percent; thereby maintaining a front yard setback of 24 feet instead of the required 5 30 feet. Due to the site's constraint such as the steepness, grade difference between Rusty Spur Road/edge of pavement and the existing rear yard retaining wall that support the developable pad area, a reduction in the front yard setback is needed. Furthermore, if the proposed residence is setback to the required 30 feet, the front yard retaining walls would need to be higher and the existing rear yard retaining walls would change (relocated at a higher height) and the proposed development may encroach into the flood hazard area. (m) Second, the applicant is requesting to construct a series of two retaining walls to be located within the front yard setback to support the buildable pad. These retaining walls will vary in height vary in exposed height from two to eight feet and will be viewed mainly from the proposed residence because the walls are cutting into the front slope to provide a driveway area and generally the front yard. Due to the project site's topography which descends from the grade of Rusty Spur Road/edge of pavement (west -1166.56 to east -1150.1), retaining walls are necessary to create the pad for the driveway and front yard. Pursuant to Development Code Section 22.20.040, where a retaining wall protects a cut below the natural grade and is located in the front yard, the retaining wall may have a maximum exposed height of six feet. For walls that exceed six feet in height and are located within the rear yard, the Director may approve a maximum exposed height of eight feet due to varying topography or needed screening. However, the proposed retaining walls are located within the front yard setback. As a result, a Minor Variance approval is required. 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 districts and denied to the property owner for which the Minor Variance is sought. As referenced above in Item (1), 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 districts and denied to the property owner for which the Minor Variance is sought due to the constraint of the project site cause by topography as described in Finding (I) above. (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site related to the steep topography and existing street grading, a reduction in the front yard setback will assist in minimizing grading, cause fewer retaining walls 6 at lower heights, cause the preservation of oak trees located on site and will keep development from encroaching into the flood hazard area located within the rear of the subject property. Therefore, granting the Minor Variance will be consistent with the General Plan. The project area does not have a specific plan. (o). The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. (p) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (q) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community. (r) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s). (s) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated. (t) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks). 7 (u) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite. (v) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard. (w) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards.) The City's Development Code protects oak, walnut, sycamore, and willow trees and pepper trees where feasible with a trunk diameterof eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 1.15 gross acres and contains oaks trees eight inches or greater at DBH. Therefore, the tree permit process applies to this project. The applicant submitted an arborist report prepared by California Arborist dated October 19, 2004. The report assessed eight oak trees which are delineated in Exhibit 'A"on the site plan and are described as follows: # Species Location Size Health Action #1 Oak Front yard 24"DBH Good Remain #2 Oak Rear yard/not in construction area 24"DBH Good Remain #3 Oak Rear yard/not in construction area 10" DBH Good Remain #4 Oak Rear yard/not in construction area 10"DBH Good Remain #5 Oak Rear yard/not in construction area 8'DBH Good Remain #6 Oak Rear yard/not in construction area 18"DBH Good Remain #7 Oak Rear yard/not in construction area 36"DBH Good/ Remain un -maintained #8 Oak Rear yard/not in construction area 20" DBH Good/ Remain un -maintained All trees will remain and will require protection pursuant to Development Code Section 22.30.140. According to the arborist report, oak tree #1 should not be affected by retaining wall construction. The eight oak trees are required to be plotted on the grading plan with the protective chain link fencing for Planning Division review and approval prior to grading plan submittal. Said fencing shall be five feet in height and located five feet outside the trees' drip line. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall. remain until final inspection occurs. 8 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated December 14, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate species, location, size and quantity of all plant material including taller shrubs adjacent to the rear retaining walls. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) Prior to grading plan check submittal, the applicant shall submit a revised grading plan that plots all eight oak trees which are to remain. Grading plan shall also delineate the protective fencing five feet in height and located five feet outside the trees' drip line. This fencing shall be installed and verified by a City inspector prior to the issuance of any City permits and shall remain until final inspection occurs. Prior to the issuance of any City Permits, the revised grading plan shall be reviewed and approved by the Planning Division due to the protection of the eight oak trees. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. M Retaining walls shall not exceed an exposed height of eight feet as delineated in Exhibit "A". All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stack stone, etc.) 9 (9) Prior to the issuance of any City permits, the applicant shall have the existing seven foot high concrete block retaining wall and the 24 foot high crib wall located in the rear portion of the project site certified by a civil engineer licensed by the State of California. Said certification shall be presented to the Building and Safety Division for review and approval. (h) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey to the City verifying the required setback locations pursuant to the Development Code, Exhibit "A" and as shown in the comparison matrix of the staff report. (i) 0) The residential structure shall not exceed a height of 35 feet from the natural or finished grade. Said height shall include the chimney. At the rough framing stage, the height of residential structure shall be certified by a licensed engineer approved by the City at the applicant's expense. Building setback from top of slope at the rear of the subject property shall meet Section 18 of the 2001 California Code. (k) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) (2) (3) (4) (I) (m) (5) Cut and fill quantities with calculations; Existing and proposed topography; Flow lines and drainage/drainage outlets; Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated; and Flood hazard area. Prior to the issuance of a grading plan and/or any City permits, the applicant shall submit a geotechnical report prepared by a geotechnical engineer, licensed by the State of California for the City's review and approval. The geotechnical report shall include referencing the stability of the retaining walls to withstand pressure of the retained soils. Upon approval of the geotechnical report, the applicant shall submit a grading plan including a hydrology study, prepared by a civil engineer, licensed by the State of California for the City's review and approval. 10 (n) Earthwork calculations shall be submitted concurrently with the grading plan for City review and approval. The grading plan shall be prepared in accordance with the City's requirements for grading plan check. This shall include using the correct title block format for the drawings. (o) An erosion control plan shall be submitted concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 1 and April 15. (p) (q) Applicant shall obtain a Rough Grade and Fine Grade Certifications by a project soils and civil engineers and shall submit certifications to the Public Works/Engineering and Building and Safety Divisions prior to inspection and placement of concrete foundations or footings. Applicant shall provide service connection for water, sewer, electric, gas, etc. (r) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (s) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (t) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (u) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (v) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. (w) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with a grading contractor, applicant, 11 and City grading inspector at least 48 hours prior to commencing grading operations. (x) The proposed residence shall comply with the State Energy Conservation Standards. (Y) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (z) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (aa) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (bb) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (cc) All balconies shall be designed for a 40 pound per square foot live load and hand rails and guardrails shall be designed for 20 pound load applied laterally at the top of the rail. (dd) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (ee) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate 12 (ff) (gg) dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. Prior to the issuance of any City permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (hh) This approval 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 this approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (ii) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Yakob Liawatidewi and Sunmoon Suhaimi, 9355 Mesa Verde Drive, #E, Montclair, CA 91763 13 APPROVED AND ADOPTED TH 4TH DAYOF DECEMBER 2004, BY THE PLANNING COMMISSION OF THE C F DIAMOND BAR. 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 14th day of December 2004, by the following vote: AYES: Commissioners: McManus, V/C Tanaka, Low, Tye, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 14