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HomeMy WebLinkAboutPC 2005-31PLANNING COMMISSION RESOLUTION NO. 2005-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2005-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT TWO GEO-GRID WALLS WITH A MAXIMUM EXPOSED HEIGHT OF TEN FEET AND TEN FEET TWO INCH IN THE REAR YARD. THE PROJECT SITE IS LOCATED AT 23929 RIDGELINE ROAD (LOT 63, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS, 1. The property owners, Mr. and Mrs. Edward Layton have filed an application for Variance 2005-02 and categorical exemption for a property located at 23929 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Variance and categorical exemption shall be referred to as the "Application." 2. On August 11, 2005, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on August 11, 2005, the project site was posted with a public hearing notice display board. On August 12, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On August 23, 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 15301 (restoration or rehabilitation of deteriorated or damaged to existing slope) 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 23929 Ridgeline Road (Lot 63, Tract No. 30091). The project site is rectangular shaped and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 1.89 gross acres and has a flood hazard area with a natural drainage course located in the rear of the project site. (b) The project site has a General Plan land use designation Rural Residential (RR). (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) Maximum 1 DU/Acre Zone. (d) Generally, the following zone surrounds the project site: to the north, south east and west of the project site is the R-1-40,000 zone. (e) The Application request is for approval to construct two geo-grid walls to support and stabilize the existing rear slope. The walls are proposed at exposed heights of 10 feet and 10 feet two inches with a separation of 14 feet between the walls. Between the residence and the first wall a 4:1 slope will be created and between the first and second wall a 2:1 slope will be created. Variance (f) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development 2 Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; During the February 2005 rain storm, the existing 1.5:1 rear slope that begins its descent from the foundation of the existing residence failed. The slope failure was a mud flow of fill and topsoil over bedrock. The failure has caused an unsafe condition at the project site and to properties below the project site. As a result, the property owner of the subject property desires to repair the slope before the rainy season begins. In order to repair the slope, the property owner proposes two geo-grid walls to support and stabilize the slope. The walls are proposed at exposed heights of 10 feet and 10 feet two inches with a separation of 14 feet between the walls. Between the residence and the first wall a 4:1 slope will be created and between the first and second wall a 2:1 slope will be created. Pursuant to Development Code Section 22.20, the maximum height of wall is six feet and the Director may approve up to eight feet in the rear of a parcel due to topography. The applicant needs walls with a maximum exposed height of 10 feet two inches to repair the slope failure and create slopes that are 2:1 orless in steepness as preferred in the City's hillside management standards. Therefore, special circumstances applicable to the property are related to the steepness of the existing slope (1.5:1) and urgency to repair the slope failure to protect the subject property and the properties below. To create slopes of 2:1 and 4:1, the strict application of the maximum wall heights would deny the property owner the ability to repair the slope at a 2:1 grade or less as preferred by the City's hillside management standards which would protect the subject property and properties below. (g) Granting the 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 Variance is sought; As referenced above in Item (0, granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning i3 districts. The Variance is also necessary to ensure the safety of the owner of the subject property as well as the owner of properties below the subject site. (h) Granting the Variance is consistent with the General Plan and any applicable specific plan; Due to the constraints of the project site related to the steepness of the existing rear slope and urgency to repair the slope as mentioned above in Item (t), granting this Variance will be consistent with the General Plan. The project area does not have a specific plan. (i) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The purpose of granting this Variance is to correct an unsafe condition as referenced in Item (0 above. However, prior to 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 and Public Works Division. The referenced divisions through the plan check and 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. {j) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15309, 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. 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 the grading plan labeled as Exhibit "A" dated August 23, 2005, as submitted and approved by the Planning Commission, and as amended herein. 0 (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 size, quantity, location and plant species that will assist in further stabilizing the slope as well as screening the walls. All landscaping and irrigation shall be installed prior the final inspection. (d) Geo -grid walls shall not exceed an exposed height of 10 feet and 10 feet two inches as delineated in Exhibit "A". (e) Prior to construction, the applicant shall install temporary construction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. (f) Footings shall be designed for expansive soil. (g) All retaining walls shall be approved by the Building and Safety Division. (h) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (i) Prior to building plan check, a geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (j) Upon approval of the Geotechnical Report, the applicant shall submit a drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for approval by the City. Grading plan and drainage plan shall be approved prior to the issuance of any City permits. 5 (k) Prior to the issuance of any City permits, the applicant shall submit a grading plan, prepared by a Civil Engineer, licensed by the State of California, in accordance with the City's grading requirements using the correct title block format for the City's approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) The location of all walls; and (5) Top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the walls will be mitigated. (1) Wall calculations shall be submitted to the Building and Safety Division for approval with the grading plan. (m) Upon approval of the geotechnical report, the applicant shall submit an erosion control plan 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 15 and April 15. 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. (n) If required, the 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. (o) 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. Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. (p) Finished slopes shall conform to Development Code Section 22,22.080 indicating that the maximum allowed shall be 2:1. no (q) If required, a final grade certification by the project soils and civil engineers shall be submitted to the Public Work Division prior to the any final inspections. (r) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval 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. (s) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) has filed, within fifteen (30) days of this project's approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (t) 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. and Mrs. Edward Layton, 23929 Ridgeline Road, Diamond Bar, CA 91765 7 APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe cManus, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of August 2005, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: "I ATTEST. PLANNING COMMISSION RESOLUTION NO. 2005-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2005-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT TWO GEO-GRID WALLS WITH A MAXIMUM EXPOSED HEIGHT OF TEN FEET AND TEN FEET TWO INCH IN THE REAR YARD. THE PROJECT SITE IS LOCATED AT 23929 RIDGELINE ROAD (LOT 63, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1 The property owners, Mr. and Mrs. Edward Layton have filed an application for Variance 2005-02 and categorical exemption for a property located at 23929 Ridgeline Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Variance and categorical exemption shall be referred to as the "Application." 2. On August 11, 2005, public hearing notices were mailed to approximately 32 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on August 11, 2005, the project site was posted with a public hearing notice display board. On August 12, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On August 23, 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 15301 (restoration or rehabilitation of deteriorated or damaged to existing slope) 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. 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 23929 Ridgeline Road (Lot 63, Tract No. 30091). The project site is rectangular shaped and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 1.89 gross acres and has a flood hazard area with a natural drainage course located in the rear of the project site. (b) The project site has a General Plan land use designation Rural Residential (RR). (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) Maximum 1 DU/Acre Zone. (d) Generally, the following zone surrounds the project site: to the north, south east and west of the project site is the R-1-40,000 zone. (e) The Application request is for approval to construct two geo-grid walls to support and stabilize the existing rear slope. The walls are proposed at exposed heights of 10 feet and 10 feet two inches with a separation of 14 feet between the walls. Between the residence and the first wall a 4:1 slope will be created and between the first and second wall a 2:1 slope will be created. Variance M There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development 2 Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts orcreates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; (g) During the February 2005 rain storm, the existing 1.5:1 rearslope that begins its descent from the foundation of the existing residence failed. The slope failure was a mud flow of fill and topsoil over bedrock. The failure has caused an unsafe condition at the project site and to properties below the project site. As a result, the property owner of the subject property desires to repair the slope before the rainy season begins. In order to repair the slope, the property owner proposes two geo-grid walls to support and stabilize the slope. The walls are proposed at exposed heights of 10 feet and 10 feet two inches with a separation of 14 feet between the walls. Between the residence and the first wall a 4:1 slope will be created and between the first and second wall a 2:1 slope will be created. Pursuant to Development Code Section 22.20, the maximum height of wall is six feet and the Director may approve up to eight feet in the rear of a parcel due to topography. The applicant needs walls with a maximum exposed height of 10 feet two inches to repair the slope failure and create slopes that are 2:1 or less in steepness as preferred in the City's hillside management standards. Therefore, special circumstances applicable to the property are related to the steepness of the existing slope (1.5:1) and urgency to repair the slope failure to protect the subject property and the properties below. To create slopes of 2:1 and 4:1, the strict application of the maximum wall heights would deny the property owner the ability to repair the slope at a 2:1 grade or less as preferred by the City's hillside management standards which would protect the subject property and properties below. Granting the 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 Variance is sought; As referenced above in Item (t), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning 3 districts. The Variance is also necessary to ensure the safety of the owner of the subject property as well as the owner of properties below the subject site. (h) Granting the Variance is consistent with the General Plan and any applicable specific plan; G) Due to the constraints of the project site related to the steepness of the existing rear slope and urgency to repair the slope as mentioned above in Item (t), granting this Variance will be consistent with the General Plan. The project area does not have a specific plan. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The purpose of granting this Variance is to correct an unsafe condition as referenced in Item (t) above. However, prior to 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 and Public Works Division. The referenced divisions through the plan check and permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301, 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. 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 the grading plan labeled as Exhibit "A" dated August 23, 2005, as submitted and approved by the Planning Commission, and as amended herein. 4 (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 size, quantity, location and plant species that will assist in further stabilizing the slope as well as screening the walls. All landscaping and irrigation shall be installed prior the final inspection. (d) Geo -grid walls shall not exceed an exposed height of 10 feet and 10 feet two inches as delineated in Exhibit "A". (e) Prior to construction, the applicant shall install temporary construction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. M (g) Footings shall be designed for expansive soil. All retaining walls shall be approved by the Building and Safety Division. (h) Surface water shall drain away from the proposed residence at a two - percent minimum slope. 0) Prior to building plan check, a geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. Upon approval of the Geotechnical Report, the applicant shall submit a drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for approval by the City. Grading plan and drainage plan shall be approved prior to the issuance of any City permits. 5 (k) Prior to the issuance of any City permits, the applicant shall submit a grading plan, prepared by a Civil Engineer, licensed by the State of California, in accordance with the City's grading requirements using the correct title block format for the City's approval. The grading plan shall delineate the following: (I) (m) (1) (2) (3) (4) (5) Cut and fill quantities with calculations; Existing and proposed topography; Flow lines and drainage/drainage outlets; The location of all walls; and Top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the walls will be mitigated. Wall calculations shall be submitted to the Building and Safety Division for approval with the grading plan. Upon approval of the geotechnical report, the applicant shall submit an erosion control plan 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 15 and April 15. 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. (n) If required, the 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. (o) 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. Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. (p) Finished slopes shall conform to Development Code Section 22.22.080 indicating that the maximum allowed shall be 2:1. 6 (q) If required, a final grade certification by the project soils and civil engineers shall be submitted to the Public Work Division prior to the any final inspections. (r) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval 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. (s) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) has filed, within fifteen (30) days of this project's approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (t) 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. and Mrs. Edward Layton, 23929 Ridgeline Road, Diamond Bar, CA 91765 7 APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of August 2005, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: 8