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HomeMy WebLinkAboutPC 2005-15PLANNING COMMISSION RESOLUTION NO. 2005-15 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO.2004-291TREE PERMIT NO. 2004-121MINOR VARIANCE NO. 2004-OB/MINOR CONDITIONAL USE PERMIT NO. 2005-05 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,640 GROSS SQUARE FEET INCLUDING PORCHES, DECK/COVERED PATIO, AND FIVE CAR GARAGE. THE REQUEST INCLUDES SITE IMPROVEMENTS: A MINOR VARIANCE APPROVAL FOR A SERIES OF RETAINING WALLS TO A MAXIMUM EIGHT (8) FEET EXPOSED HEIGHT IN THE REAR YARD; A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A CIRCULAR DRIVEWAY; AND A TREE PERMIT APPROVAL TO REMOVE AND REPLACE PROTECTED/PRESERVED TREES. THE PROJECT SITE IS 1948 FLINT ROCK ROAD (LOT 97, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Christopher and Heidi Leu and Applicant, Pete Volbeda, have filed an �ipplication to approve Development Review No. 2004-29/Tree Permit No. 2004-12/Minor Variance No. 2004-08/Minor Conditional Use Permit No. 2005-05 for a property located at 1948 Flint Rock Road, Diamond Bar, Los Angeles County, California, and part of the gated development identified as the Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Tree Permit, Minor Variance, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On March 25, 2005, 57 property owners within a 700 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On March 29, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin, newspapers and a public hearing notice display board was posted at the site. 3. On April 12, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application, B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines. This is pursuant to Section 15303�a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 altE rations 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 753.0 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as (follows: (a) The project relates to a parcel at 1948 Flint Rock Road (Lot 97, Tract No. 30091) Diamond 'Bar, California, within the gated community identified as the Country Estates. The parcel is 4.81 gross acres. The lot is irregularly shaped, widening and sloping at the rear downward to the Country Estates Park area. The lot has a Restricted Use Area which City records indicate was vacated by Los Angeles County Board of Supervisors, June 7, 1972. Much of the lot's easterly portion is a Flood Hazard Area. There are two sanitary sewer easements: one on the side, one in the near. No development is proposed within these areas. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project s to is zoned Single Family Residence, R-1- 40,000. (c) Generally, the project site is surrounded by the R-1-40,000 zone. 2 (d) The application is a request to construct a two story, single family residence of approximately 10,640 gross square feet including porches, deck/covered patio, and five car garage. The request includes site improvements including: a Minor Variance approval for a series of retaining walls to a maximum eight (8) feet exposed height in the rear yard; a Minor Conditional Use Permit approval for a circular driveway; and a Tree Permit approval to remove and replace protected/preserved trees. DEVELOPMENT REVIEW (e) The design and IaYOL t of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The vacant project s'ite was established before the adoption of the City's General Plan. !However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Rural Residential (Max. 1 du/acre). The proposed use is zone d for single family residence at R-1-40,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage and setback. With the eight feet maximum exposed h ight retaining wall Minor Variance approval, the Diamond Bar Munici al Code height criteria are met. There is no specific or additional Community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and dnjoyment of neighboring existing 9 g ng or future development, and wilt not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The developed property is not expected to unreasonably interfere with the use ,nd enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is ad quately served by Ridgeline Road and Flint Rock Road. These p bate streets are designed to handle minimum traffic created by this t* of development. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates, and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The project's curb appeal architectural features include neutral colors of grey and brown and include: One story porch entry with Mountain Ledge stacked stone, columns; layering of aterials with stucco (exterior cement plaster) with silver grey base and blue grey trim and foundation trim of Mountain Ledge stat ed stone which are carried through on the sides and rear elevations; rr ulti-levels and lines of grey/brown Shake blend tile roof to add texture and contrast; arched and decorative windows with stucco trim and color; perpendicular garages and circular driveway; the rear of t e structure has a deck/covered patio. l With the landscape materials screening much of the rear and side yards' retaining walls, the maximum eight feet height is compatible with the neighborhood. Many homes in the Country Estates have similar structures. I (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materals board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or Materially injurious (e.g., negative affect on property values or rosale(s) of property) to . the properties or improvements in the vicinity. Structural plan checks) City permits and inspections, soils report review and approval, a d Fire Department approvals, are required for construction. These processes will ensure that the finished project will 4 not be detrimental tc the public health, safety, or welfare, ormaterially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Ridgeline Road and Flint Rock Road is hilly. The subject ite is higher at street level, sloping to lower elevations towardthe, rear of the property. By maintaining the allowed height of 35 feet, tie proposed residential structure allows view corridors to its neigh ors. Therefore, the proposed residence will not have significant detrimental view blockage impact. G) The proposed proje t has been reviewed in compliance with the provisions of the Cal fornia Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 9970 (CEQA), Section 95303(a). TREE PERMIT (k) Preservation of the existing oak and walnut trees is not feasible and would compromise the property owner's reasonable use and enjoyment of property, Su- rrounding land and appropriate mitigation measures will be imp € mented in compliance with Section 22.38.130. The applicant has s one oak and two w pursuant to the Mur within the Country Permits. Therefore, property owner's re MINOR VARIANCE (1) There are special (e.g., location, shape conditions), so that th Code denies the prop( owners in the vicinity a unnecessary and nc regulation which make with the development The Minor Variance r maximum of eight (8) mitted that development requires the removal of Tut trees. A 3:1 replacement shall be required pal Code of like for like species. Many homes states have remodeled and requested Tree acervation of these trees would compromise the enable use and enjoyment of his property. ircumstances applicable to the property size, surroundings, topography, or other strict application of the City's Deveiopment ty owner privileges enjoyed by other property d under identical zoning districts or creates an i -self created, hardship or unreasonable it obviously impractical to require compliance 5 est is to allow retaining wall sections up to a t. The lot is 4.89 gross acres. The combination of size, 3hape, and the varying topography of the slope on the property are typical of lots in the general vicinity. The landscaping and approximately 1800 feet from the retaining wall minimize the effect o the eight feet section of wall in the rear yard. Many homes in the Country Estates have a series of retaining walls to create the pad, and therefore, the project is consistent with the neighborhood. Ornamental retaining walls are required using a decorative block. The Municipal Code allows a 42 inch open railing height atop walls holding a fill. Staff has conditioned that the mass of these walls be broken up by a vertical design element and horizontal railing. Staff will work with the architect to create a feature that adds to the project's design. Therefore, due to the combination of special circumstances applicable to the property, the st ict application of the Development Code to the wall height denies th property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts that creates an unnecessary and non -self created hardship that makes it obviously impractical to require compliance with the development standards. (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 wh ch the Minor Variance is sought. Due to the combination of special circumstances applicable to the property, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by otherproperty owners in the vicinity and under identical zoning districts that creates an unnecessary and n n -self created hardship that makes it obviously impractical to require c mpliance with the development standards. As a result, 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. (n) Granting the Minor Va iance is consistent with the General Plan and any applicable specific plan. As stated in Item (I), the proposed retaining wall is consistent with the General Plan and cons stent with specific strategies 1. 2.4 and 2.2,1 of the Land Use Element. There is no specific plan. C (o) The proposed entitlement would not be detrimental to the public interest, health, saf ty, convenience, or welfare of the City. Before the issuance of any City permits, the proposed project is required to comply ith all conditions within the approved resolution and the Building anc Safety Division, Public Works Division, and Fire Department require ents. The referenced agencies through the permit and inspectio 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 proje t has been reviewed in compliance with the provisions of the Cal fornia Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quali Act of 1970 (CEQA), Section 15303(a). MINOR CONDITIONAL USE PERMIT (q) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e i), the proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and the f! twork is less than 50 percent of the front yard. The project's streetsc pe architectural features and design include a perpendicular garage and circular driveway. This adds variation and stateliness at the stre tscape. . The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc., are compatible in the vicinity and the site is physically suitable and absent of physical constraints. (r) The proposed use is consistent with the General Plan and any applicable specific pla . As stated in Items (eq), the proposed use is consistent with the General Plan and there is no applicable specific plan. (s) The design, location, size and operating characteristics of the proposed use are com atible with the existing and future land uses in the vicinity. 7 As stated in Items (e r), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (t) The subject site is physically suitable for the type and dens itylintensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e i), the subject site is physically suitable. for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (u) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (v) The proposed projechas been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). The City has determined that this project is Categorically Exempt per the California Environ ental Quality Act (CEQA), Section 15303(a). 5. Based upon the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The. project shall substantially conform to site plan, floor plans, elevations, roof plan, jrading plan, landscape plan, sections, and materials/colors boarc collectively labeled as Exhibit "A" dated April 12, 2005, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along he project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) The Applicant shall povide temporary sanitation facilities while under construction. 1i (e) Prior to any Plan Check submittals, the Architect shall submit a wall design plan with a decorative vertical design element with horizontal railing. (f) Prior to issuance of any permits, the Applicant shall submit proof that the building design is pp roved by the Country Estates Homeowners Association Architect ral Committee. ENGINEERINGIBUILDING AND SAF (g) Prior to Grading Plan ubmittal, a geotechnical report prepared by a Geotechnical Engine r, licensed by the State of California shall be submitted for approva by the City. (h) Grading Plan shall be prepared by a Civil Engineer, licensed by the State of California, for approval by the City. The Grading Pian shall be prepared in accordance with the City's Requirements for Grading Plan Check requirements. All grading (Cut and fill) calculations shall be submitted to the City concurrently with the grading plan. (i) All easements and floo hazard areas shall be clearly identified on the grading plan. (i} The Grading Plan shat show the location of any retaining walls and the elevations of the lop of wall/footing/retaining and the finished grade on both sides o the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. (k) An erosion control measures shall be in through April 95th. T Pollutant Discharge incorporate the appn plan shall be submitted and erosion control place for construction starting after October 1 st ie erosion control plan shall conform to national Elimination System (NPDES) standards and ,priate Best Management Practices (BMP's). (I) If required by the City Engineer, the applicant shall comply with Standard Urban Storo Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (m} All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Permission must be obtained from adjacent property owners if proposed drainage lows into their property. (n) The applicant shall sumit calculations for the proposed rip -rap on the grading plan. (o) Finished slopes shall conform to City Code Section 22.22.080 - Grading. (p) Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (q) Rough grade certifications by project soils engineer shall be submitted prior to issuance of bL ilding permits for the foundation of the home structure. Retaining wall permits may be issued without a rough grade certificate. (r) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division priorthe issuance of any project final inspections/certificate of occupancy respectively. (s) Applicant shall verify th public sewer system ar of the proposed struct availability to and mak( the Los Angeles Cour Sanitation District prior it the project site is currently connected to the d impacts on the sewage capacity as a result ire shall be approved. Applicant shall verify application for connection to the sewer with ty Department of Public Works and/or the o the issuance of any City construction permit. {t} Applicant shall submit an application to the Walnut Valley Water District for Fire Flow a d submit their approval to the Building and Safety Division prior to he issuance of building permits. 10 (u) Site, driveway grade, and house design shall be approved by the Fire Department. The Division. maximum slope is 15% per the Public Works (v) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (w) The minimum desig "C" wind pressure shall be 80 miles per hour and exposure. (x) The single family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: I . All roof coveririg shall be "Fire Retardant, Class A"; the roofs shall be fire stopped flame or at the eaves to preclude entry of the mere oers under the fire; 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/ inch nor more than %z inch in any dimension except where such o enings are equipped with sash or door; 4. Chimneys sh Il have spark arresters of maximum '/Z inch screen. (y) This single family stru tune shall meet the State Energy Conservation Standards. (z) Due to the site's top graphy, applicant shall comply with special design requirements as specified in the 2001 California Building Code, Section 1806.4 2, building setback, top and toe of slopes. (aa) All sleeping rooms requirements. (bb) All balconies shall be (cc) Hand rails and guard laterally at the top of (dd) Smoke detectors shal California Building Coc all have windows that comply with egress fined for 40 pound per square foot live load. shall be designed for 20 -pound load applied rail. be provided in conformance with the 2001 1 (ee) Application shall pro ide window and door schedule for Building and Safety plan check. PLANNING DIVISION (ff} A final landscape plai i shall be submitted to the Planning Division for review and approval rior to the issuance of a Building Permit. The plans shall include tr es and shrubs, in addition to those shown on the preliminary lands ape plan, to soften the retaining walls at the rear and side yards o the pad. (gg) The applicant shall re Juglans Californicas suitable place on si preservation and relc Section 22.38.140 Tr does not survive the i 24 -inch box, Quercus and planting of trees. lace the removal of two walnut trees with six (6) nd preserve the oak tree by relocating it to a A certified arborist shall supervise the ration of the oak tree and shall comply with e Protection Requirements. If the oak tree ,location, it shall be replaced with a three (3) \criffolia. The plans shall reflect the location (h h) All landscaping/irrigation shall be installed prior to the Planning Division's final inspection including the protected/preserved trees. Any walls, gates, fountains etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. UJ) 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. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on 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 orw ich create traffic and parking problems in the neighborhood. 12 (kk) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence With Guest House" on a form to be provided by he City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a buildi g permit. (11) The Applicant sh Il comply with the requirements of the Fire Department and Cit Planning, Building and Safety, and Public Works Divisions. (mm) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 clays prior to the expiration'date. The Planning Commission will co sider the extension request at a duly noticed public hearing in a cordance with Chapter 22.72 of the City of Diamond Bar Munici al Code. (nn) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community -and Development Services Department, their affidavit stating hat they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (oo) 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 approval, a cashier's check to the City, within five days of this grant's of $25.00 for a documentary handling in connection with Fish this fee and Game Code requirements. Furthermore, if project is riot exempt project has more than from a filing fee imposed because the a deminimis impact on fish applicant shall also pay and wildlife, the to the Department of Fish and Game such fee and any fine any Nhich 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 Christopher and Heidi CA 91765 and Pete Leu, 22458 Falconburn Way, Diamond Bar, Vofbeda, Upland, CA 91786. 615 North Benson Avenue, Unit D, 13 APPROVED AND ADOPTED THIS 12t6 DAY OF APRIL 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I I ,;.foe McManus, Chairman I, James DeStefarto, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Comrhission held on the 12th day of April 2005, by the following vote: AYES: Commissioner: Nolan, Tanaka, Tye, VC/Low, Chair/McManus NOES: Commissioner: None ABSENT: Commissioner: None ABSTAIN: Commissioner: Nore ATTEST: James De�tefano, Secretary 1 PLANNING COMMISSION RESOLUTION NO. 2005-15 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-29/TREE PERMIT NO. 2004-12/MINOR VARIANCE NO. 2004-08/MINOR CONDITIONAL USE PERMIT NO. 2005-05 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE QF APPROXIMATELY 10,640 GROSS SQUARE FEET INCLUDING PORCHES, DECK/COVERED PATIO, AND FIVE CAR GARAGE. THE REQUEST INCLUDES SITE IMPROVEMENTS: A MINOR VARIANCE APPROVAL FOR A SERIES OF RETAINING WALLS TO A MAXIMUM EIGHT (8) FEET EXPOSED HEIGHT IN THE REAR YARD; A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A CIRCULAR DRIVEWAY; AND A TREE PERMIT APPROVAL TO REMOVE AND REPLACE PROTECTED/PRESERVED TREES. THE PROJECT SITE IS 1948 FLINT ROCK ROAD (LOT 97, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Christopher and Heidi Leu and Applicant, Pete Volbeda, have filed an dpplication to approve Development Review No. 2004-29/Tree Permit Nb. 2004-12/Minor Variance No. 2004-08/Minor Conditional Use Permit No. 2005-05 for a property located at 1948 Flint Rock Road, Diamond Bar, Los Angeles County, California, and part of the gated development identified as the Country Estates, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Tree Permit, Minor Variance, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On March 25, 2005, 57 property owners within a 700-foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On March 29, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. On April 12, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a 1my noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines. This is pursuant to Section 15303—a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 alt rations which have been incorporated into and conditioned upon the propos d project set forth in the application, there is no evidence before this Plannin Commission that the project proposed herein will have the potential of a adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as (follows: (a) The project relates to a parcel at 1948 Flint Rock Road (Lot 97, Tract No. 30091) Diamond 'Bar, California, within the gated community identified as the Country Estates. The parcel is 4.81 gross acres. The lot is irregularly shaped, widening and sloping at the rear downward to the Country Estates Park area. The lot has a Restricted Use Area which City records indicate was vacated by Los Angeles County Board of Supervisors, June 7, 1972. Much of the lot's easterly portion is a Flood Hazard Area, There are two sanitary sewer easements: one on the side, one in the near. No development is proposed within these areas. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single Family Residence, R-1- 40,000. (c) Generally, the project s ite is surrounded by the R-1-40,000 Zone. I 2 (d) The application is a request to construct a two story, single family residence of approx mately 10,640 gross square feet including porches, deck/cove led patio, and five car garage. The request includes site improv ments including: a Minor Variance approval for a series of retaining w Its to a maximum eight (8) feet exposed height in the rear yard; a Minor Conditional Use Permit approval for a circular driveway; and a Tree Permit approval to remove and replace protected/preserved trees. DEVELOPMENT REVIEW (e) The design and layo t of the proposed development is consistent with the General Plan, d velopment standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developme ts). The vacant project skte was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designatiod proposed use is zone proposed structure c( and strategies relate neighborhoods and o, parcel conform to the maximum exposed he (f) of Rural Residential (Max. 1 du/acre). The Y for single family residence at R- 1-40, 000. The implies with the City's General Plan objectives d to maintaining the integrity of residential )en space. The structures and placement on the site coverage and setback. With the eight feet ight retaining wall Minor Variance approval, the Diamond Bar Municipal Code height criteria are met. There is no specific or additional community planned development for the site. The design and layo of the proposed development will not interfere with the use and unjoyment of neighboring existing or future development, and will! not create traffic or pedestrian hazards. The project site is cur ntly an undeveloped lot within an existing tract designed for single f mily homes. The proposed new construction does not change the use intended for the site as a single family residence. The devel ped property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is ad quately served by Ridgeline Road and Flint Rock Road. These p .vate streets are designed to handle minimum traffic created by this type of development. (9) The architectural deign of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harm nious, orderly and attractive development contemplated by C apter 22.48, the General Plan, City Design Guidelines, or any a plicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates, and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The project's curb appeal architectural features include neutral colors of grey and brown. and include: One story p columns; layering of with silver grey bas Mountain Ledge stac and rear elevations; tile roof to add texture with stucco trim an driveway; the rear of t rch entry with Mountain Ledge stacked stone aterials with stucco (exterior cement plaster) and blue grey trim and foundation trim of ed stone which are carried through on the sides ulti-levels and lines of grey/brown Shake blend and contrast; arched and decorative windows color; perpendicular garages and circular e structure has a deck/covered patio. With the landscape materials screening much of the rear and side yards' retaining walls, the maximum eight feet height is compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through god aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/mater, and textures proposed the area while offering 7als board is provided. The colors, materials, re complimentary to the existing homes within variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or Materially injurious (e.g., negative affect on property values or r4sale(s) of property) to the properties or improvements in the vicinity. Structural plan checks City permits and inspections, soils report review and approval, and Fire Department approvals, are required for construction. These pro esses will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the prop rties or improvements in the vicinity. The terrain in the vicinity of Ridgeline Road and Flint Rock Road is hilly. The subject site is higher at street level, sloping to lower elevations toward th rear of the property. By maintaining the allowed height of 35 feet, the proposed residential structure allows view corridors to its neighbors. Therefore, the proposed residence will not have significant detrimental view blockage impact. (j) The proposed proje provisions of the Cal TREE PERMIT ;t has been reviewed in compliance with the fornia Environmental Quality Act (CEQA). The environmental valuation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quali Act of 1970 (CEQA), Section 15303(a). (k) Preservation of the e would compromise enjoyment of propert' measures will be impl MINOR VARIANCE (I) (isting oak and walnut trees is not feasible and the property owner's reasonable use and (. Surrounding land and appropriate mitigation nlmented in compliance with Section 22.38.130. The applicant has su mitted that development requires the removal of one oak and two wal ut trees. A 3:1 replacement shall be required pursuant to the Municipal Code ofa like for like species. Many homes within the Country 4states have remodeled and requested Tree Permits. Therefore, p servation of these trees would compromise the property owner's reasonable use and enjoyment of his property. There are special circumstances applicable to the property (e.g., location, shape size, surroundings, topography, or other conditions), so that th strict application of the City's Development Code denies the prop rty owner privileges enjoyed by other property owners in the vicinity a d under identical zoning districts or creates an unnecessary and n n-self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development tandards. The Minor Variance request is to allow retaining wall sections up to a maximum of eight (8) tlget. The lot is 4.81 gross acres. The combination of size, on the property an (m) minimize the effect o landscaping and ap create the pad, an neighborhood. Many homes in the C hape, and the varying topography of the slope typical of lots in the general vicinity. The roximately 1800 feet from the retaining wall the eight feet section of wall in the rear yard. untry Estates have a series of retaining walls to therefore, the project is consistent with the Ornamental retaining walls are required using a decorative block. The the architect to creat by a vertical design el a fill. Staff has condit Municipal Code allow obviously impractical standards. property owners in th creates an unnecess wall height denies th to the property, the st Therefore, due to the a 42 inch open railing height atop walls holding ned that the mass of these walls be broken up ment and horizontal railing. Staff will work with a feature that adds to the project's design. ombination of special circumstances applicable ict application of the Development Code to the property owner privileges enjoyed by other vicinity and under identical zoning districts that ry and non-self created hardship that makes it to require compliance with the development Granting the Minor V riance is necessary for the preservation and enjoyment of substant al property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for wh ch the Minor Variance is sought. denied to the property preservation and enjo by other property own a result, Granting t impractical to require c an unnecessary and n owners in the vicinity height denies the prop property, the strict ap Due to the combinati n of special circumstances applicable to the lication of the Development Code to the wall fly ownerprivileges enjoyed by other property nd under identical zoning districts that creates n-self created hardship that makes it obviously mpliance with the development standards. As e Minor Variance is necessary for the ment of substantial property rights possessed rs in the same vicinity and zoning districts and wner for which the Minor Variance is sought. (n) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. As stated in Item (I), th proposed retaining wall is consistent with the General Plan and cons stent with specific strategies 1.2.4 and 2.2.1 of the Land Use Element. There is no specific plan. (o) The proposed entitlement would not be detrimental to the public interest, health, saf ty, convenience, or welfare of the City. (p) Before the issuance of any City permits, the proposed project is required to comply ith all conditions within the approved resolution and the Building an Safety Division, Public Works Division, and Fire Department require ents. The referenced agencies through the permit and inspectio process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the prop rties or improvements in the vicinity. The proposed proje t has been reviewed in compliance with the provisions of the Cal fornia Environmental Quality Act (CEQA). The environmental 4 valuation shows that the proposed project is Categorically Exem t pursuant to the guidelines of the California Environmental Quali Act of 1970 (CEQA), Section 15303(a). MINOR CONDITIONAL USE PERMIT (q) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e within the zoning di; provisions of the Mur parcel size and the fla The project's streetsci perpendicular garage stateliness at the stye -i), the proposed single family use is allowed ;trict and complies with all other applicable icipal Code. The circular driveway meets the twork is less than 50 percent of the front yard. ipe architectural features and design include a nd circular driveway. This adds variation and tsca pe. The circular driveway t Municipal Code stand The design, location, site is physically suitat se is allowed in the zone and complies with the irds and is consistent with the General Plan. ize, etc., are compatible in the vicinity and the le and absent of physical constraints. (r) The proposed use is consistent with the General Plan and any applicable specific pla As stated in Items (e General Plan and then (s) The design, location, proposed use are coml the vicinity. i), the proposed use is consistent with the r is no applicable specific plan. size and operating characteristics of the atible with the existing and future land uses in 7 i), the design, location, size, etc., is compatible with the existing and future land uses in the vicinity. (t) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e absence of physical provisions of utilities, type and densitylint (u) Granting the Minor C the public interest, materially injurious to and zoning districts i properties or improve to the public health, s Soils report, fire dep permits, and inspec processes will ensure (v) The proposed projec provisions of the Calif The City has determin the California Environ 5. Based upon the findings an Commission hereby approv conditions: (a) elevations, roof plan, materials/colors boar i), the subject site is physically suitable for the nsity of use being proposed including access, compatibility with adjoining land uses, and the onstraints. nditional Use Permit will not be detrimental to health, safety, convenience, or welfare or erson, property or improvements in the vicinity which the property is located. rtment approval, structural plan check, City ions- are required for construction. These that the finished project will not be detrimental fety, or welfare, or materially injurious to the ents in the vicinity. has been reviewed in compliance with the mia Environmental Quality Act (CEQA). d that this project is Categorically Exempt per ental Quality Act (CEQA), Section 15303(a). conclusions set forth above, the Planning s this Application subject to the following The project shall sub April 12, 2005, as su Commission. (b) The subject site shall debris both during and tantially conform to site plan, floor plans, rading plan, landscape plan, sections, and collectively labeled as Exhibit "A" dated miffed to and approved by the Planning e maintained in a condition that is free of fter the construction, addition, or 8 implementation of t (c) residential, commer to provide collection, duly permitted wast construction, shall b trash, debris, and e entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by contractor, who has been authorized by the City transportation, and disposal of solid waste from ial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized ha obtained permits from the City of Diamond Bar to provide such serv' es. requirements along remain until the Bull Before construction construction fencing begins, the applicant shall install temporary pursuant to the Building and Safety Division's he project site's perimeter. This fencing shall ng Official approves its removal. (d) The Applicant shall p construction. ovide temporary sanitation facilities while under (e) Prior to any Plan Chock submittals, the Architect shall submit a wall design plan with a de railing. M Prior to issuance of a the building design is Association Architect ENGINEERING/BUILDING AND SAFET (g) orative vertical design element with horizontal y permits, the Applicant shall submit proof that pproved by the Country Estates Homeowners ral Committee. Prior to Grading Plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California shall be submitted for approval by the City. (h) Grading Plan shall be prepared by a Civil Engineer, licensed by the State of California, for approval by the City. The Grading Plan shall be prepared in accord nce with the City's Requirements for Grading Plan Check requireme ts. All grading (Cut and fill) calculations shall be submitted to the City concurrently with the grading plan. (i) All easements and flood hazard areas shall be clearly identified on the grading plan. . Q) The Grading Plan shal the elevations of the grade on both sides o retaining walls shall be show the location of any retaining walls and p of wall/footing/retaining and the finished the retaining wall. Construction details for shown on the Grading Plan. (k) (I) (m) through April 15th. T Pollutant Discharge incorporate the apps An erosion control (plan shall be submitted and erosion control measures shall be ink place for construction starting after October 1st If required by the C Standard Urban Stor to the satisfaction of e erosion control plan shall conform to national Elimination System (NPDES) standards and 13 priate Best Management Practices (BMP's). ity Engineer, the applicant shall comply with n Water Mitigation Plan (SUSMP) requirements :he City Engineer. All drainage/runoff fn site to the natural d conveyed to adjacei course. Permission r if proposed drainage m the development shall be conveyed from the ainage course. No on-site drainage shall be t parcels, unless that is the natural drainage ust be obtained from adjacent property owners lows into their property. (n) The applicant shall su grading plan. mit calculations for the proposed rip -rap on the (o) Finished slopes shall conform to City Code Section 22.22.080 - Grading. (p) (q) Prior to the issuance 0 must be held at the pr and city grading insp grading operations. Rough grade certificati prior to issuance of bu structure. Retaining grade certificate. (r) Final grade certificatioi submitted to the Public of any project final insF (s) Applicant shall verify th public sewer system ar of the proposed struct availability to and make the Los Angeles Coui Sanitation District prior (t) Applicant shall submit District for Fire Flow a Safety Division prior to f Building Permits, a pre -construction meeting ject site with the grading contractor, applicant, ctor at least 48 hours prior to commencing )ns by project soils engineer shall be submitted ilding permits for the foundation of the home vall permits may be issued without a rough is by project soils and civil engineers shall be Works/Engineering Division prior the issuance sections/certificate of occupancy respectively. at the project site is currently connected to the d impacts on the sewage capacity as a result ire shall be approved. Applicant shall verify application for connection to the sewer with ty Department of Public Works and/or the o the issuance of any City construction permit. an application to the Walnut Valley Water id submit their approval to the Building and he issuance of building permits. 10 (u) Site, driveway grad and house design shall be approved by the Fire Department. The Maximum slope is 15% per the Public Works Division. (v) The single family s ructure shall meet the 2001 California Building Code, California PI mbing Code, California Mechanical Code, and California Electrical ode requirements. (w) The minimum desig "C" exposure. wind pressure shall be 80 miles per hour and (x) The single family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 1. All roof coveri shall be fire flame or mere 2. All enclosed u walls; 3. All openings it shall be cover than Y< inch n where such op 4. Chimneys she screen. ig shall be "Fire Retardant, Class A"; the roofs topped at the eaves to preclude entry of the )ers under the fire; ider-floor areas shall be constructed as exterior to the attic, floor, and/or other enclosed areas ?d with corrosion -resistant wire mesh not less or more than %z inch in any dimension except enings are equipped with sash or door; II have spark arresters of maximum '/2 inch (y) This single family structure shall meet the State Energy Conservation Standards. (z) Due to the site's topography, applicant shall comply with special design requirements as specified in the 2001 California Building Code, Section 1806.4 2, building setback, top and toe of slopes. (aa) All sleeping rooms stall have windows that comply with egress requirements. (bb) All balconies shall bed signed for 40 pound per square foot live load. (cc) Hand rails and guardra Is shall be designed for 20 -pound load applied laterally at the top of t a rail. (dd) Smoke detectors shall be provided in conformance with the 2001 California Building Cod . 11 (ee) Application shall pro—{ide window and door schedule for Building and Safety plan check. PLANNING DIVISION (ff) A final landscape pla review and approval plans shall include tr the preliminary lands rear and side yards o (gg) (h h) (ii) suitable place on sit The applicant shall re Juglans Californicas exceed a maximum 42 setback shall not en walls, gates, fountains Division's final inspecti does not survive the r 24 -inch box, Quercus and planting of trees. Section 22.38.140 Tr preservation and relo shall be submitted to the Planning Division for rior to the issuance of a Building Permit. The es and shrubs, in addition to those shown on ape plan, to soften the retaining walls at the the pad. lace the removal of two walnut trees with six (6) d preserve the oak tree by relocating it to a A certified arborist shall supervise the ation of the oak tree and shall comply with e Protection Requirements. If the oak tree location, it shall be replaced with a three (3) criffolia. The plans shall reflect the location All landscaping/irrigati the height of the resid submit it to the Building inspection, the Applica finish grade at any exte the roofline. The 35 fe Maximum height of the (jj) The single family resid n shall be installed prior to the Planning n including the protected/preserved trees. Any etc., that may be proposed within the front oach into street's dedicated easement or inches in height. residence shall not exceed 35 feet from the for wall of the structure to the highest point of t includes the chimneys. At roof sheathing t shall have a licensed engineer certify that ntial structure meets this requirement and and Safety Division for review and approval. nee shall not be utilized in a manner that creates adverse effects setting of the residential traffic, or other disturba and shall not result in si and resources. The sin commercial/institutional dwelling. The property s result in a nuisance orw neighborhood. upon the neighborhood and environmental site to levels of dust, glare/light, noise, odor, ces to the existing residential neighborhood nificantly adverse effects on public services le family residence shall not be used for rposes, or otherwise used as a separate all not be used for regular gatherings which ich create traffic and parking problems in the 12 (kk) The applicant shall issuance of a buildi recorded with the L to Maintain a Singl to be provided by Department and Cit Divisions. (II) The Applicant sh Diamond Bar Munici Commission will co public hearing in a (i.e., construction) (1) year extension writing at least 60 (mm) This grant is vali complete and record a "Covenant and Agreement Family Residence With Guest House" on a form he City. The covenant must be completed and s Angeles County's Recorder's Office prior to the g permit. I comply with the requirements of the Fire Planning, Building and Safety, and Public Works for two (2) years and shall be exercised thin that period or this grant shall expire. A one ay be approved when submitted to the City in ays prior to the expiration date. The Planning sider the extension request at a duly noticed cordance with Chapter 22.72 of the City of al Code. (nn) This grant shall not e effective for any purpose until the permittee and owner of the pro erty involved (if other than the permittee) have filed, within fifteen (115) days of approval of this grant, at the City of Diamond Bar Community -and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this gra t. Further, this grant shall not be effective until the permittee pays remaining City processing fees. project has more tha this project is riot ex in connection with Fis approval, a cashier's applicant shall remit (oo) If the Department of Code Section 711.4 applicant shall also p such fee and any fine The Planning Commission shall: (a) (b) ish and Game determines that Fish and Game pplies to the approval of this project, then the to the City, within five days of this grant's heck of $25.00 for a documentary handling fee and Game Code requirements. Furthermore, if mpt from a filing fee imposed because the a deminimis impact on fish and wildlife, the y to the Department of Fish and Game any hich the Department determines to be owed. Certify to the adoption of this Resolution; and Forthwith transmit a ce ified copy of this Resolution, by certified mail to Christopher and Heidi Leu, 22458 Falconburn Way, Diamond Bar, CA 91765 and Pete olbeda, 615 North Benson Avenue, Unit D, Upland, CA 91786. 1.3 APPROVED AND ADOPTED THIS 12to DAY OF APRIL 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of April 2005, by the following vote: AYES: Commissioner: No an, Tanaka, Tye, VC/Low, Chair/McManus NOES: Commissioner: No e ABSENT: Commissioner: No e ABSTAIN: Commissioner: ATTEST: S