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HomeMy WebLinkAboutPC 2005-35PLANNING COMMISSION RESOLUTION NO. 2005-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-24, MINOR CONDITIONAL USE PERMIT NO. 2005-14, TREE PERMIT NO. 2005-08 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 3,080 SQUARE FEET WHICH INCLUDES HABITABLE SPACE, DECKIBALCONY AND A TWO -CAR GARAGE TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 3,446 SQUARE FEET WITH A THREE -CAR GARAGE. THE APPROVAL ALSO INCLUDES MAINTAINING THE LEGAL NONCONFORMING FRONT YARD SETBACK AND BUILDING HEIGHT AND THE PROTECTION OF OAK TREES. THE PROJECT SITE IS LOCATED AT 2606 BLAZE TRAIL (LOT 154, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Mr. and Mrs. Tulsi Savani, and applicant, S & W Development, have filed an application for Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14, Tree Permit No. 2005-08 and categorical exemption for a property located at 2606 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On September 28, 2005, public hearing notices were mailed to approximately 26 property owners within a 500 -foot radius of the project site. On September 30, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 11, 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 15301 (e) 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 site is located at 2606 Blaze Trail (Lot 154, Tract No. 30578) within a gated community identified as "The Country Estates." The project site is triangular shaped and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 0.92 gross acres (0.81 net acres) and does not have any easements, flood hazard or restricted use areas. The project site is currently developed with a two-story single-family residence of approximately 3,446 square feet with a three -car garage; (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 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone; (d) Generally, to the north, south and east is the R-1-20,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000) zone; (e) The Application request is to construct an addition of approximately 3,080 square feet which includes habitable space, deck/balcony and a E two -car garage to an existing single-family residence of approximately 3,446 square feet with a three -car garage, The approval request also includes the following: A Minor Conditional Use Permit to maintain the legal non -conforming front yard setback and building height; and a Tree Permit to protect existing oak trees; Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 1995, the City adopted its General Plan. Although Tract No, 30578, Lot 154 (project site) was established prior to the City's incorporation and General Plan's adoption. Although the project site is 0.92 gross acres, and is considered a legal non -conforming parcel. The project site is developed with a two-story single-family residence of approximately 3,446 square feet with a three -car garage construction in 1986 under Los Angeles County jurisdiction. The proposed project consists of constructing an addition of approximately 3,080 square which includes habitable space, deck/balcony and a two -car garage. The proposed project will maintain the existing legal non -conforming front setback and building height. However, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for "The Country Estates"and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain its existing architectural style (Tudor) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates." (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; 3 With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (t), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition to the existing single-family residence is consistent with other single-family residences established within "The Country Estates" and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. Additionally, Blaze Trail 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 architectural style of the proposed addition is Tudor and consistent with the existing residential structure on the project site. This style is compatible with other residences within "The Country Estates" due to the eclectic architectural style that is existing in this area. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project 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. There is not an applicable specific plan for this 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; 11 As referenced in the above findings (t), (g), and (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 safety or welfare or materially property values or resale(s) improvements in the vicinity; not be detrimental to public health, injurious (e.g., negative affect on of property) to the properties or Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 95309(e), 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. Minor Conditional Use Permit (1) 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 Development Code and the Municipal Code; Pursuant to Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures applies to this proposed project due to the existing front yard setback and building height. The proposed residence was built in 1986 under Los Angeles County's jurisdiction with a minimum front setback of 20 feet and a building height of 35 feet measured from the average finish grade. Measuring from the average finished grade allow parts of structure to be much taller than 35 feet since the average height was the standard. 5 The project site is located within the R-1-20, 000 zoning district, which equates to development standards listed in the Rural Residential zone. For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 21 to 23 feet. Since this setback is existing, it will not be changed by the proposed garage which will maintain a 24 foot front setback or the proposed entry which will maintain the 25.5 foot front yard setback. Additionally, the building is not changed due to the proposed addition. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 24 foot front yard setback will not create incompatibility with other residences in the neighborhood because front yard setbacks within 'The Country Estates" vary with 20 feet being the minimum requirement in past codes. The City's Development Code allows changes to or an expansion of a legal nonconforming structure if the exterior limits do not encroach further into the existing setback than the comparable portion of the existing structure. This is the case with the proposed project. (m) The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in finding (0, the proposed project and its use as single-family residence is consistent with the General Plan. The General Plan also requires maintaining the integrity of a single-family residential neighbor which the proposed project will achieve. There is no applicable specific plan for `The Country Estates." (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As referenced above in findings (t), (g), (h), (i) and (1), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity; (o) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 0 As referenced above in findings (0, (g), (h), (i) and (l), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity and the subject site is physically suitable to accommodate the proposed driveway as designed and located including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (p) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced in finding (1) above, granting the Minor Conditional Use Permit is required to maintain the existing legal nonconforming front yard setback and building height. The Public Works Division has reviewed this project and the proposed garage for clear line of site and found it appropriate as designed and located. Therefore, granting a Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 95309(e), 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. Legal Non -Conforming: The addition to the non -conforming residence would not result in the structure becoming: (r) Incompatible with other structures in the neighborhood; As referenced in the above Findings (t), (g), (h), (i) and (1), the proposed project will not be Incompatible with other structures in the neighborhood. (s) Inconsistent with the General Plan or any applicable specific plan; 7 As referenced in above Findings (0, the proposed project will not be inconsistent with the General Plan. Additionally, there is no applicable specific plan for the area in which this project is located. (#} A restriction to the eventual/future compliance with the applicable regulations of the Development Code; The proposed addition complies with all development standards for the RR zoning district except of front setback. Front setback for the residence varies from 21 feet for the existing portion of the residence to 24 feet for the proposed garage. The proposed garage could meet the 30 foot front yard setback but a healthy cluster of oak trees exist behind the proposed garage. Locating the proposed garage 30 feet from the front property line would cause the removal of the beautiful oak tree cluster. Therefore, the garage setback of 24 feet from the front property line is appropriate due to the City's tree preservation/protection standards and not unusual for The Country Estates because many of the existing residences were built maintaining a 20 foot front yard setback. Additionally, the height of the addition complies with the current maximum height of 35 feet from natural or finished grade. (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood; Soils report, Fire Department requirements and 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 interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Furthermore, the proposed addition does not change the height of the residence or allow a further encroachment into the front yard setback then the existing residence. (v) Detrimental and/or injurious to property and improvements in the neighborhood; The proposed addition to a legal non -conforming structure will not be detrimental and/or injurious to property and improvements in the neighborhood because the addition does not increase the height of the residence nor will the addition maintain less of a front setback than the existing residence. The proposed addition has provided the opportunity for improvements in the neighborhood. R 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated October 11, 2005, as submitted and approved by the Planning Commission, and as amended herein; (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services; (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; PLANNING Division (d) Prior to the Pian Check submittal, the applicant shall submit a revised site plan delineating oak trees with protective fencing for the Planning Division review and approval. Prior to the issuance of any City permits, the applicant shall install protective fencing pursuant to Development Code Section 22.38. 140; (e) Guest house area within the basement level of the existing residence shall comply with Development Code Section 22.421.060; (f) Prior to the issuance of any City permits, the applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the City; 9 (g) Prior to Plan Check submittal, the applicant shall submit a final landscape/irrigation plan for Planning Division review and approval. The final landscape plan shall include plant species, location, size and quantity. The plan shall also include landscaping for the rear slope that consists of trees, shrubs and vines to reduce the view impact of the rear portion of the lot and to stabilize the rear slope. All landscaping and irrigation shall be installed prior to final inspection and Certificate of Occupancy; (h) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; (i) The single-family residence shall not be used 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 or which create traffic and parking problems in the neighborhood; (j) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office priorto the issuance of a building permit; PUBLIC WORKS DIVISION (k) Prior to plan check submittal to the Building and Safety Division, the applicant shall submit an updated geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for review and approval by the City; (1) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; 10 (m) Applicant shall provide service connections for water, sewer, gas, electric, etc.; (n) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (o) If more than 50 cubic yards of grading will occur (cut plus fill), a grading plan prepared by a registered engineer in the state of California shall be submitted to the Public Works Division by the applicant prior to building plan check submittals. A geotechnical report shall be submitted concurrently with the grading plan; (p) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through 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). Additionally, the applicant shall obtain the necessary NPDES permits; (q) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer; BUILDING AND SAFETY (r) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission; (s) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (t) The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 11 (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 nor more than '/2 inch in any dimension except where such openings are equipped with sash or door; and (4) Chimneys shall have spark arresters of maximum '/2 inch screen. (u) 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; (v) Grading/site plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall and retaining wall calculations; (w) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; (x) Applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading into a sleep room; (y) Door between garage and the house shall be 1 318 inch solid core door, self-closing. Walls between living space and garage shall be 518 type X; (z) This approval is valid for two (2) 'years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission 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; (aa) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of this approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware 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. 12 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. Tulsi Savani, 2606 Blaze Trail, Diamond Bar, CA 91765, and S & W Development, 20272 Carrey Road, Walnut, CA 91789 APPROVED AND ADOPTED THIS 11th OF OCTOBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Joe M&Manus, Chairman I, Nanc)VFong, 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 11th day of October 2005, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: VC/Low, Lee, Torn, C/McManus None None Nolan 13 PLANNING COMMISSION RESOLUTION NO. 2005-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-24, MINOR CONDITIONAL USE PERMIT NO. 2005-14, TREE PERMIT NO. 2005-08 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 3,080 SQUARE FEET WHICH INCLUDES HABITABLE SPACE, DECK/BALCONYAND A TWO -CAR GARAGE TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 3,446 SQUARE FEET WITH A THREE -CAR GARAGE. THE APPROVAL ALSO INCLUDES MAINTAINING THE LEGAL NONCONFORMING FRONT YARD SETBACK AND BUILDING HEIGHT AND THE PROTECTION OF OAK TREES. THE PROJECT SITE IS LOCATED AT 2606 BLAZE TRAIL (LOT 154, TRACT NO. 30578), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Mr. and Mrs. Tulsi Savani, and applicant, S & W Development, have filed an application for Development Review No. 2005-24, Minor Conditional Use Permit No. 2005-14, Tree Permit No. 2005-08 and categorical exemption for a property located at 2606 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, Tree Permit and categorical exemption shall be referred to as the "Application." 2. On September 28, 2005, public hearing notices were mailed to approximately 26 property owners within a 500 -foot radius of the project site. On September 30, 2005, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 11, 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 (e) 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 site is located at 2606 Blaze Trail (Lot 154, Tract No. 30578) within a gated community identified as 'The Country Estates." The project site is triangular shaped and descending in elevation toward the rear property line. According to the tract map, the project site is approximately 0.92 gross acres (0.81 net acres) and does not have any easements, flood hazard or restricted use areas. The project site is currently developed with a two-story single-family residence of approximately 3,446 square feet with a three -car garage; (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 20,000 Square Feet (R-1-20,000) Zone interpreted as Rural Residential (RR) Zone; (d) Generally, to the north, south and east is the R-1-20,000 zone; and to the west is the Single Family Residential -Minimum Lot Size 40,000 square feet (R-1-40,000) zone; (e) The Application request is to construct an addition of approximately 3,080 square feet which includes habitable space, deck/balcony and a 2 two -car garage to an existing single-family residence of approximately 3,446 square feet with a three -car garage, The approval request also includes the following: A Minor Conditional Use Permit to maintain the legal non -conforming front yard setback and building height; and a Tree Permit to protect existing oak trees; Development Review M (9) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); On July 25, 1995, the City adopted its General Plan. Although Tract No. 30578, Lot 154 (project site) was established prior to the City's incorporation and General Plan's adoption. Although the project site is 0.92 gross acres, and is considered a legal non -conforming parcel. The project site is developed with a two-story single-family residence of approximately 3,446 square feet with a three -car garage construction in 1986 under Los Angeles County jurisdiction. The proposed project consists of constructing an addition of approximately 3,080 square which includes habitable space, deck/balcony and a two -car garage. The proposed project will maintain the existing legal non -conforming front setback and building height. However, the proposed project meets all other development standards for the RR zoning district as prescribed in the Development Code. The proposed project is not unusual for "The Country Estates"and is consistent with other development within this community. The proposed project will maintain the integrity and not degrade this residential area. As a result, the proposed project complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain its existing architectural style (Tudor) and construction materials and colors will match the existing residence which is compatible with the eclectic architectural style, colors and material of other homes within "The Country Estates." 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 With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will match the existing residence. The proposed addition to the existing single-family residence is consistent with other single-family residences established within "The Country Estates" and also consistent with other additions recently approved by the Planning Commission. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards. Additionally, Blaze Trail 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 architectural style of the proposed addition is Tudor and consistent with the existing residential structure on the project site. This style is compatible with other residences within "The Country Estates" due to the eclectic architectural style that is existing in this area. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project 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. There is not an applicable specific plan for this 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; 4 As referenced in the above findings (f), (g), and (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. a) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15301(e), 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. Minor Conditional Use Permit (I) 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 Development Code and the Municipal Code; Pursuant to Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures applies to this proposed project due to the existing front yard setback and building height. The proposed residence was built in 1986 under Los Angeles County's jurisdiction with a minimum front setback of 20 feet and a building height of 35 feet measured from the average finish grade. Measuring from the average finished grade allow parts of structure to be much taller than 35 feet since the average height was the standard. 5 The project site is located within the R-1-20,000 zoning district, which equates to development standards listed in the Rural Residential zone. (m) For this particular project, the required front yard setback is 30 feet. The existing residence's front yard setback varies from 21 to 23 feet. Since this setback is existing, it will not be changed by the proposed garage which will maintain a 24 foot front setback or the proposed entry which will maintain the 25.5 foot front yard setback. Additionally, the building is not changed due to the proposed addition. As a result, a Minor Conditional Use Permit approval is required. Staff believes that a 24 foot front yard setback will not create incompatibility with other residences in the neighborhood because front yard setbacks within "The Country Estates" vary with 20 feet being the minimum requirement in past codes. The City's Development Code allows changes to or an expansion of a legal nonconforming structure if the exterior limits do not encroach further into the existing setback than the comparable portion of the existing structure. This is the case with the proposed project. The proposed use is consistent with the General Plan and any applicable specific plan; As mentioned above in finding (t), the proposed project and its use as single-family residence is consistent with the General Plan. The General Plan also requires maintaining the integrity of a single-family residential neighbor which the proposed project will achieve. There is no applicable specific plan for 'The Country Estates." (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As referenced above in findings (t), (g), (h), (i) and (I), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity; (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 6 As referenced above in findings (f), (g), (h), (i) and (I), the design, location, size and operating characteristics of the proposed project are compatible with the existing and future land uses in the vicinity and the subject site is physically suitable to accommodate the proposed driveway as designed and located including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (p) (q) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced in finding (I) above, granting the Minor Conditional Use Permit is required to maintain the existing legal nonconforming front yard setback and building height. The Public Works Division has reviewed this project and the proposed garage for clear line of site and found it appropriate as designed and located. Therefore, granting a Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 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 15301(e), 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. Legal Non -Conforming: The addition to the non -conforming residence would not result in the structure becoming: (r) Incompatible with other structures in the neighborhood; As referenced in the above Findings (f), (g), (h), (i) and (I), the proposed project will not be Incompatible with other structures in the neighborhood. (s) Inconsistent with the General Plan or any applicable specific plan; 7 As referenced in above Findings (f), the proposed project will not be inconsistent with the General Plan. Additionally, there is no applicable specific plan for the area in which this project is located. (t) A restriction to the eventual/future compliance with the applicable regulations of the Development Code; The proposed addition complies with all development standards for the RR zoning district except of front setback. Front setback for the residence varies from 21 feet for the existing portion of the residence to 24 feet for the proposed garage. The proposed garage could meet the 30 foot front yard setback but a healthy cluster of oak trees exist behind the proposed garage. Locating the proposed garage 30 feet from the front property line would cause the removal of the beautiful oak tree cluster. Therefore, the garage setback of 24 feet from the front property line is appropriate due to the City's tree preservation/protection standards and not unusual for The Country Estates because many of the existing residences were built maintaining a 20 foot front yard setback. Additionally, the height of the addition complies with the current maximum height of 35 feet from natural or finished grade. (u) Detrimental to the health, safety and general welfare of persons residing in the neighborhood; Soils report, Fire Department requirements and 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 interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Furthermore, the proposed addition does not change the height of the residence or allow a further encroachment into the front yard setback then the existing residence. (v) Detrimental and/or injurious to property and improvements in the neighborhood; The proposed addition to a legal non -conforming structure will not be detrimental and/or injurious to property and improvements in the neighborhood because the addition does not increase the height of the residence nor will the addition maintain less of a front setback than the existing residence. The proposed addition has provided the opportunity for improvements in the neighborhood. 8 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated October 11, 2005, as submitted and approved by the Planning Commission, and as amended herein; (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services; (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction; PLANNING Division (d) Prior to the Plan Check submittal, the applicant shall submit a revised site plan delineating oak trees with protective fencing for the Planning Division review and approval. Prior to the issuance of any City permits, the applicant shall install protective fencing pursuant to Development Code Section 22.38. 140; (e) Guest house area within the basement level of the existing residence shall comply with Development Code Section 22.421.060; M Prior to the issuance of any City permits, the applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the City; 9 (9) Prior to Plan Check submittal, the applicant shall submit a final landscape/irrigation plan for Planning Division review and approval. The final landscape plan shall include plant species, location, size and quantity. The plan shall also include landscaping for the rear slope that consists of trees, shrubs and vines to reduce the view impact of the rear portion of the lot and to stabilize the rear slope. All landscaping and irrigation shall be installed prior to final inspection and Certificate of Occupancy; (h) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements; G) The single-family residence shall not be used 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 or which create traffic and parking problems in the neighborhood; The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence and Guest House" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office priorto the issuance of a building permit; PUBLIC WORKS DIVISION (k) Prior to plan check submittal to the Building and Safety Division, the applicant shall submit an updated geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for review and approval by the City; (1) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. The Drainage Plan shall show the location of the retaining walls and elevations of the top of wall/footing and finished grade on both sides of the retaining walls. Additionally, surface water shall drain away from the building at a 2% minimum slope; 10 (m) Applicant shall provide service connections for water, sewer, gas, electric, etc.; (n) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study; (o) If more than 50 cubic yards of grading will occur (cut plus fill), a grading plan prepared by a registered engineer in the state of California shall be submitted to the Public Works Division by the applicant prior to building plan check submittals. A geotechnical report shall be submitted concurrently with the grading plan; (p) (q) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after October 1, through 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). Additionally, the applicant shall obtain the necessary NPDES permits; If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer; BUILDING AND SAFETY (r) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission; (s) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature; (t) The single-family structure is located in "High Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 11 (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 '/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; and (4) Chimneys shall have spark arresters of maximum '/2 inch screen. (u) 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; (v) Grading/site plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall and retaining wall calculations; (w) Prior to the issuance of any City permits retaining wall calculations shall be submitted to the Building and Safety Division for review and approval; (x) Applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading into a sleep room; (Y) Door between garage and the house shall be 1 3/8 inch solid core door, self-closing. Walls between living space and garage shall be 5/8 type X; (z) This approval is valid for two (2) 'years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission 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; (aa) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of this approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware 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. 12 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. Tulsi Savani, 2606 Blaze Trail, Diamond Bar, CA 91765, and S & W Development, 20272 Carrey Road, Walnut, CA 91789 APPROVED AND ADOPTED THIS 11th OF OCTOBER 2005, BY THE PLANNING COM(IISSION OF THE CITY OF DIAMOND BAR. I, Nanc)VFong, 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 11th day of October 2005, by the following vote: AYES: Commissioners: VC/Low, Lee, Torn, C/McManus NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: ATTEST: Nolan 13