Loading...
HomeMy WebLinkAboutPC 2005-30PLANNING COMMISSION RESOLUTION NO. 2005-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-39, TREE PERMIT NO. 2005-01 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH TWO GARAGES FOR A TOTAL OF FIVE PARKING STALLS AND BALCONIESIDECKS TOTALING TO APPROXIMATELY 16,720 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: FRONT, SIDE AND REAR YARD RETAINING WALLS NOT TO EXCEED AN EXPOSED HEIGHT OF SEVEN FEET; TENNIS COURT; AND THE REMOVAL AND REPLACEMENT OF ONE OAK TREE AND TEN WALNUT TREES. THE PROJECT SITE IS LOCATED AT 23541 RIDGELINE ROAD (LOT 53, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Mr. and Mrs. Thomas Ha and applicant, Mr. Pete Volbeda have filed an application for Development Review No. 2004-39, Tree Permit No. 2005-01 and categorical exemption fora property located at 23541 Ridgeline 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 June 30, 2005, and July 1, 2005, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers respectively. On June 28, 2005, public hearing notices were mailed to approximately 53 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on June 29, 2005, the project site was posted with a display board. 3. On July 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: 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(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. 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 23541 Ridgeline Road (Lot 53, Tract No. 23483) within a gated community identified as "The Country Estates". The project site is rectangular shaped, sloping up from the street then sloping down to the rear property line and widening at the rear property line. According to the tract map, the project site is approximately 2.22 gross acres (96,703 gross square feet) and does not have a flood hazard or restricted use areas. (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. E (d) Generally, the following zone surrounds the project site: to the north is the Single Family Residential -Minimum Lot Size 8,000 Square Feet zone; and to the south, east and west is the R-1-40,000 (Single Family Residential -Minimum Lot Size 40,000 square feet) zone. (e) The Application request is for approval to construct a three story single-family residence with two garages for a total of five parking stalls and balconies/deck totaling to approximately 16,720 square feet. The application request also includes front, side and rear yard retaining walls not to exceed an exposed height of seven feet and a tennis court in the rear yard. The Tree Permit is related to the removal and replacement of one oak and eleven walnut 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 Country Estates, "planned forresidential 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 2.22 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. 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. (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. Q As referenced above in Finding (0, 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 enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to the fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Ridgeline 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 proposed color palette is varying shades of earth tones. The proposed materials offer variety of textures. The proposed color and materials are as follows: Roof Clay roofing tile, "MCN'— Cafe Rustic Blend B318 stucco La Habra E2qshell X-73 Base 100 Columns, doors, balusters & Dunn -Edwards - Pearl White 60-70 windows Entry door Wood stained panel doors —walnut color Fascia, gutters, foam around Dunn -Edwards - Oyster # 511 windows & trim Exterior walkways Scofield Beige Cream A-59 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 arched front entry and windows on the front facade, window arrangement and style, varying levels and planes on M the front, rear and side elevations and balconies creates interest and assist in reducing the massive appearance of the proposed residence. 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 materials, texture and color that will remain aesthetically appealing while offering variety in color and texture 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; and 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. N 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 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. 5 Tree Permit (1) 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 peppertrees where feasible with a trunk diameterof eight inches orgreater at breast height (DBN) located on properties of more than one-half acre. The project site is 2.22 gross acres and contains one oak tree and ten walnut trees eight inches or greater at D8N. The applicant submitted an arborist report prepared by Southern California Arbor. The report verifies the tree species, size and location at the project site which is within the developable pad area in the front portion of the project site. The applicant is requesting to remove these trees. Therefore, the tree permit process applies to this project. Pursuant to Development Code Section 22, 38, the replacement ratio for these trees is 3:1 minimum 24 inch box size for a total of 33 trees of the same species. The applicant has the option of replanting all trees on the project site or a portion of the trees on the project site and the remainder on public property orprovide a monetary donation to the City's tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist. The method of tree replacement shall be determined prior to the issuance of any City permits. If monetary donation is used, it shall be submitted to the City prior to the issuance of any City pennits. Trees that will be replaced on site shall be plotted on the landscape plan for the City's review and approval. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: Planning Division (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 July 12, 2005, as submitted and approved by the Planning Commission, and as amended herein. 2 (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 retaining walls. Additionally, the final landscape tree shall reflect the location of replacement trees at a 3;1 ratio (3 oak trees and 30 walnut trees), minimum 24 inch box size with same species being removed. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) The applicant shall have the option of replanting all trees on the project site or a portion of the trees on the project site and the remainder on public property or provide a monetary donation to the City's tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist. The method of tree replacement shall be determined prior to the issuance of any City permits. if monetary donation is used, it shall be submitted to the City prior to the issuance of any City permits. Trees that will be replaced on site shall be plotted on the final landscape plan for the City's review and approval. (e) Prior to grading plan check submittal, the applicant shall submit a revised grading plan that plots the one oak tree and ten walnut trees which are cited for removal. Prior to the issuance of any City Permits, the revised grading plan shall be reviewed and approved by the Planning Division due to the removal of said trees. (f) Retaining walls shall not exceed an exposed height of seven 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.). Retaining walls/walls located within the 30 foot front yard setback shall not exceed and exposed height of 42 inches. 7 (g) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey, at the applicant's expense, 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. (h) 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. (i) Prior to final inspection or Certificate of Occupancy, the applicant (at the applicant's expense) shall demonstrate and submit a report in writing that the generator complies with Development Code Section 22.28.120 (j) and does not exceed 55 dBA at the property lines of the subject site. If required by the Planning Division, the applicant shall install a block wall around the generator and reduce the noise to the acceptable level permitted by code. (j) Prior to plan check, the applicant shall submit a detail of the tennis court fencing and lighting for Planning Division review and approval. Pursuant to Development Code Section 22.42.110, tennis court fencing shall not exceed a maximum height of 10 feet. When retaining walls/walls are used to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed 10 feet. Additionally, tennis court light shall with comply with Development Code Section 22.16.050. (k) 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 dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (I) 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 Recorder's Office. 0 Public Works Division (m) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared and stamped by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements forthe City's review and approval. The grading plan shall also be stamped and signed by the geotechnical engineer preparing the geotechnical report 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; and (4) Retaining walls' elevations at top of wall, top of footing and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (n) 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 forthe City's review and approval. The geotechnical report shall include referencing the stability of the retaining walls to withstand pressure of the retained soils. (o) 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. (p) 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. (q) An erosion control plan shall be submitted concurrently with the grading plan clearly delineating erosion control measures forthe City's review and approval. These measures shall be implemented during construction between October 1 and April 15. (r) Applicant shall obtain a Rough Grade and Fine Grade Certification 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 X (s) Any grading on adjacent properties shall have written authorization from the adjacent property owners. Prior to grading plan check, the applicant shall submit said authorization to the Public Works Division. (t) Applicant shall provide service connection for water, sewer, electric, gas, etc. (u) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (v) 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. (w) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (x) 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. (y) 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. (z) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with a grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (aa) Finished slopes shall conform to City Code Section 22.22.080 - Grading. (bb) All driveways slopes and radii shall be clearly delineated on the grading plan and shall meet all applicable City code. 10 Building and Safety Division (cc) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety division's requirements along the project perimeter. (dd) Building setback from top of slope at the rear of the subject property shall meet Section 18 (building setback from top of slope h13) of the 2001 California Code. (ee) Retaining wall permits shall be obtained from the Building & Safety division (ff) The proposed residence shall comply with the State Energy Conservation Standards. (gg) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (hh) 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. (ii) 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. dj) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (kk) 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.. 11 (11) 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. (mm) Two exits shall be provided for each floor level (nn) This grant 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. (oo) 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 (30) days of approval of this grant, 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 grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (pp) 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 grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this 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: Mr. & Mrs. Thomas Ha, 933 Solem Street, Azusa, CA 91702 and Mr. Pete Volbeda, 615 Benson Avenue, Unit C, Upland, CA 91786. 12 APPROVED AND ADOPTED THIS 12TH DAY OF JULY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:"- ) AH C Joe McManus, Chairman I, Jame` 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 12th day of July 2005, by the following vote: AYES: Commissioners: VC/Low, Torng, Tye, Chair/McManus . NOES: Commissioners: None. ABSENT: Commissioners: Nolan. ABSTAIN: Commissioners: done, ATTEST 4 .inn c rlaCtn nn Corro��ni PLANNING COMMISSION RESOLUTION NO. 2005-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-39, TREE PERMIT NO. 2005-01 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH TWO GARAGES FOR A TOTAL OF FIVE PARKING STALLS AND BALCONIES/DECKS TOTALING TO APPROXIMATELY 16,720 SQUARE FEET. THE REQUEST ALSO INCLUDES THE FOLLOWING: FRONT, SIDE AND REAR YARD RETAINING WALLS NOT TO EXCEED AN EXPOSED HEIGHT OF SEVEN FEET; TENNIS COURT; AND THE REMOVAL AND REPLACEMENT OF ONE OAK TREE AND TEN WALNUT TREES. THE PROJECT SITE IS LOCATED AT 23541 RIDGELINE ROAD (LOT 53, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Mr. and Mrs. Thomas Ha and applicant, Mr. Pete Volbeda have filed an application for Development Review No. 2004-39, Tree Permit No. 2005-01 and categorical exemption fora property located at 23541 Ridgeline 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 June 30, 2005, and July 1, 2005, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers respectively. On June 28, 2005, public hearing notices were mailed to approximately 53 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on June 29, 2005, the project site was posted with a display board. 3. On July 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. 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(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. 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 23541 Ridgeline Road (Lot 53, Tract No. 23483) within a gated community identified as 'The Country Estates". The project site is rectangular shaped, sloping up from the street then sloping down to the rear property line and widening at the rear property line. According to the tract map, the project site is approximately 2.22 gross acres (96,703 gross square feet) and does not have a flood hazard or restricted use areas. (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. 2 (d) Generally, the following zone surrounds the project site: to the north is the Single Family Residential -Minimum Lot Size 8,000 Square Feet zone; and to the south, east and west is the R-1-40,000 (Single Family Residential -Minimum Lot Size 40,000 square feet) zone. (e) The Application request is for approval to construct a three story single-family residence with two garages for a total of five parking stalls and balconies/deck totaling to approximately 16,720 square feet. The application request also includes front, side and rear yard retaining walls not to exceed an exposed height of seven feet and a tennis court in the rear yard. The Tree Permit is related to the removal and replacement of one oak and eleven walnut 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 Country 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 2.22 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. 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. 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. 3 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 enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to the fact that the use was planned with the tract's original approval and will remain a single-family residence. Additionally, Ridgeline 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 proposed color palette is varying shades of earth tones. The proposed materials offer a variety of textures. The proposed colorand materials are as follows: Roof Clay roofing tile, "MCA"- Cafe Rustic Blend B318 Stucco La Habra Eggshell X-73 Base 100 Columns, doors, balusters & Dunn -Edwards - Pearl White 60-70 windows Ent door Wood stained panel doors - walnut color Fascia, gutters, foam around Dunn -Edwards - Oyster # 511 windows & trim Exterior walkways Scofield Beige Cream A-59 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 arched front entry and windows on the front facade, window arrangement and style, varying levels and planes on 4 the front, rear and side elevations and balconies creates interest and assist in reducing the massive appearance of the proposed residence. 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) 0) 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 (f) 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 materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. 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; and 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 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. 5 Tree Permit (I) 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 diameter of eight inches or greater at breast height (DBH) located on properties of more than one-half acre. The project site is 2.22 gross acres and contains one oak tree and ten walnut trees eight inches or greater at DBH. The applicant submitted an arborist report prepared by Southern California Arbor. The report verifies the tree species, size and location at the project site which is within the developable pad area in the front portion of the project site. The applicant is requesting to remove these trees. Therefore, the tree permit process applies to this project. Pursuant to Development Code Section 22.38, the replacement ratio for these trees is 3:1 minimum 24 inch box size for a total of 33 trees of the same species. The applicant has the option of replanting all trees on the project site or a portion of the trees on the project site and the remainder on public property or provide a monetary donation to the City's tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist. The method of tree replacement shall be determined prior to the issuance of any City permits. If monetary donation is used, it shall be submitted to the City prior to the issuance of any City permits. Trees that will be replaced on site shall be plotted on the landscape plan for the City's review and approval. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: Planning Division (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 July 12, 2005, as submitted and approved by the Planning Commission, and as amended herein. 6 (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 retaining walls. Additionally, the final landscape tree shall reflect the location of replacement trees at a 3:1 ratio (3 oak trees and 30 walnut trees), minimum 24 inch box size with same species being removed. Prior to final inspection or Certificate of Occupancy, it will be required that all landscaping/irrigation be installed. (d) The applicant shall have the option of replanting all trees on the project site or a portion of the trees on the project site and the remainder on public property or provide a monetary donation to the City's tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist. The method of tree replacement shall be determined prior to the issuance of any City permits. If monetary donation is used, it shall be submitted to the City prior to the issuance of any City permits. Trees that will be replaced on site shall be plotted on the final landscape plan for the City's review and approval. (e) Prior to grading plan check submittal, the applicant shall submit a revised grading plan that plots the one oak tree and ten walnut trees which are cited for removal. Prior to the issuance of any City Permits, the revised grading plan shall be reviewed and approved by the Planning Division due to the removal of said trees. M Retaining walls shall not exceed an exposed height of seven 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.). Retaining walls/walls located within the 30 foot front yard setback shall not exceed and exposed height of 42 inches. 7 (9) Prior to digging the foundation and setting forms, the applicant (at the applicant's expense) shall provide a certified land survey, at the applicant's expense, 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. (h) 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. 0) Prior to final inspection or Certificate of Occupancy, the applicant (at the applicant's expense) shall demonstrate and submit a report in writing that the generator complies with Development Code Section 22.28.120 (j) and does not exceed 55 dBA at the property lines of the subject site. If required by the Planning Division, the applicant shall install a block wall around the generator and reduce the noise to the acceptable level permitted by code. Prior to plan check, the applicant shall submit a detail of the tennis court fencing and lighting for Planning Division review and approval. Pursuant to Development Code Section 22.42.110, tennis court fencing shall not exceed a maximum height of 10 feet. When retaining walls/walls are used to create the tennis court pad, the maximum total height of fencing and wall together shall not exceed 10 feet. Additionally, tennis court light shall with comply with Development Code Section 22.16.050. (k) 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 dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (I) 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. 8 Public Works Division (m) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared and stamped 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 grading plan shall also be stamped and signed by the geotechnical engineer preparing the geotechnical report the precise grading plan shall delineate the following: (1) (2) (3) (4) Cut and fill quantities with calculations; Existing and proposed topography; Flow lines and drainage/drainage outlets; and Retaining walls' elevations at top of wall, top of footing and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (n) 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. (o) 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. (p) (q) 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. 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. (r) Applicant shall obtain a Rough Grade and Fine Grade Certification 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 9 (s) Any grading on adjacent properties shall have written authorization from the adjacent property owners. Prior to grading plan check, the applicant shall submit said authorization to the Public Works Division. (t) Applicant shall provide service connection for water, sewer, electric, gas, etc. (u) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (v) 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. (w) The applicant shall make an application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (x) 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. (Y) 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. (z) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with a grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (aa) Finished slopes shall conform to City Code Section 22.22.080 - Grading. (bb) All driveways slopes and radii shall be clearly delineated on the grading plan and shall meet all applicable City code. 10 Building and Safety Division (cc) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety division's requirements along the project perimeter. (dd) Building setback from top of slope at the rear of the subject property shall meet Section 18 (building setback from top of slope h\3) of the 2001 California Code. (ee) Retaining wall permits shall be obtained from the Building & Safety division (ff) The proposed residence shall comply with the State Energy Conservation Standards. (gg) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (hh) 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. (ii) 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. Gj) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (kk) 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.. 11 (II) 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. (mm) Two exits shall be provided for each floor level. (nn) This grant 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. (oo) 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 (30) days of approval of this grant, 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 grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (pp) 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 grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this 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: Mr. & Mrs. Thomas Ha, 933 Solem Street, Azusa, CA 91702 and Mr. Pete Volbeda, 615 Benson Avenue, Unit C, Upland, CA 91786. 12 APPROVED AND ADOPTED THIS 12TH DAY OF JULY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, Jame 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 12th day of July 2005, by the following vote: AYES: Commissioners: VC/Low, Torng, Tye, Chair/McManus. NOES: Commissioners: None. ABSENT: Commissioners: Nolan. ABSTAIN: Commissioners: None. ATTEST:i anhe's DeStef—no, Secretary 13