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HomeMy WebLinkAboutPC 2005-42PLANNING COMMISSION RESOLUTION NO. 2005-42 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-39 MINOR CONDITIONAL USE PERMIT NO.2005-151TREE PERMIT NO. 2005-11 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 6,446 GROSS SQUARE FEET THREE-STORY ADDITION AT THE REAR OF THE EXISTING 3,392 LIVABLE SQUARE FEET, TWO-STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A FIVE CAR GARAGE, SITE RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SEVEN (7) FEET, AND SWIMMING POOL; A REQUEST TO ALLOW THE CONTINUATION OF LEGAL NONCONFORMING FRONT YARD SETBACK DISTANCES; AND A REQUEST TO ALLOW REMOVAL AND REPLACEMENT OF PRESERVEDIPROTE CTED TREES. THE PROJECT SITE IS LOCATED AT 2601 WAGON TRAIN LANE (LOT 49, TRACT NO. 30578, APN 8713-012-012), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Karambir S. Bhullar, and applicant, Ron Whittier, filed Development Review No. 2005-39/Minor Conditional Use Permit No. 2005-15 and Tree Permit No. 2005-11 applications for a property located at 2601 Wagon Train Lane (Lot 49, Tract No. 30578, APN 8713-012-012), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. 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 November 30, 2005, 69 property owners within and near the project's 500 -foot radius were mailed a public hearing notice and posting of the notice was performed at three other locations within the application's vicinity. On December 2, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 13, 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is assessor parcel number 8713-012-012, addressed 2601 Wagon Train Lane (Lot 49 Tract 30578), Diamond Bar, California. The parcel is approximately .87 gross acres: 20,040 usable square feet. The lot is pie -shape with an existing two-story, legal nonconforming single family residence approved and completed in 1976. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single family Residence, R-1-20,000. (c) The R-1-20,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct an approximate 6,446 gross square feet three-story addition at the rear of the existing 3,392 livable square feet, two-story, legal nonconforming single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool; a request to allow the continuation of the legal nonconforming front setback distances; and a request for the removal and replacement of preserved/protected trees. 1► DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, developed with a two-story single family residence, was established before the July 25, 1995, General Plan adoption and current Municipal Code. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (maximum 1 dwelling unit/acre) land use designation. The proposed use is zoned for single family residence at R-1-20,000. The applicant has obtained the approval of the Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned develop, • Ant for the site. (f) 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. Shadow Canyon Drive, Steeplechase Lane, and Wagon Train Lane adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is developed with a two-story, legal nonconforming single family residence. The Application does not change the existing single family use. The Application maintains the existing style consistent with surrounding properties. The Application is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Application's multi-level roofs, decorative windows, decks, balconies, patios, stucco and stone add texture and contrast, variety, and low maintenance materials. The Application's Mediterranean architectural design and palette are compatible with other Country Estates homes eclectic architectural style and are consistent with the 3 City's General Plan, Municipal Code, and Design Guidelines. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approv-Lare required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, ormateriallyinjurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. As stated in item (g), the Application is compatible with other structures in the vicinity. Many structures in the vicinity have remodeled and increased square footage. (1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 2 the structure becoming inconsistent with the General Plan or any applicable specific plan. As stated in Items (e) and (g), the Application is consistent with the City's General Plan objectives and strategies, Municipal Code Section 22.48 of the Municipal Code, and City Design Guidelines. (m) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The parcel was approved by Tract Map No. 30578, Lot 49, as .67 acres. The existing structure was completed per the Los Angeles County Code in 1976 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconforming is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, November 3, 1998, and which -Ims not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. Many structures in this tract were approved with the 20 feet front setback measurement. Today's front setback requirement is 30 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The Application conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. 5 (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the Application's architectural design is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Municipal Code Section 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land - 3 to �imaintain a single family residence. MINOR CONDITIONAL USE PERMIT (p) 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 this Development Code and the Municipal Code. As stated in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed use is consistent with the General Plan and any applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. are compatible with the existing and future land uses in the vicinity. (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, ON compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Chvenant and Agreement is requi: d ancq runs with the land to maintain a single family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). TREE PERMIT (v) Preservation of the existing walnut trees is not feasible and would compromise the property owner's reasonable use and enjoyment of property. Surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130. The Application requires the removal of two walnut trees. A 3:1 replacement shall be required pursuant to the Municipal Code. Many homes within the Country Estates have remodeled and requested Tree Permits. Therefore, preservation of these trees would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 7 GENERAL (a) The project shall substantially conform to site plan/preliminary landscape plan, floor plans, elevations, sections, and grading plan collectively labeled as Exhibit "A" dated December 13, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. PUBLIC WORKS (c) Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. (d) Prior to the review of a grading plan, 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. (e) 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, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department including all grading (cut and fill) calculations submitted to the City concurrently with the grading plan. Finished slopes shall conform to City Code Section 22.22.080 -Grading. (f) All easements and flood hazard areas shall be clearly identified on the grading plan. (g) The Grading Plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished R grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. Details of retaining walls will be reviewed and approved by the Building and Safety Division. (h) Detailed drainage system information of the lot with careful attention to the flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Permission must be obtained from adjacent property owners if proposed drainage flows into their property. (i) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15' and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). (j) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Prior to the issuance of Building Permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (1) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. (m) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division prior the issuance of any project final inspections/certificate of occupancy respectively. BUILDING AND SAFETY (n) The applicant shall provide temporary sanitation facilities during construction. (o) If required by the Building Official, a construction fence shall protect the project. (p) A permit for demolition shall be obtained from the South Coast Air Quality Management District. 9 PLANNING (q) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (r) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (s) This single family structure shall meet the State Energy Conservation Standards. (t) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. (u) Stone wainscot shall..wrap from the front southeast corner to the side southeast corner elevation. (v) The applicant shall comply with the requirements of City Planning, Building and Safety Division, the Public Works Department, and the Fire Department. (w) The site plan shall be revised to indicate landscape areas in front of the house between walkways and on the southeast front yard. This revision shall be incorporated into the required final landscape plan. (x) A total of six 24 -inch box replacement walnut trees shall be planted on site for the replacement of two walnut trees of good health being removed or an applicable replacement fee calculated by City staff may be paid to the City Tree Replacement Fund as mitigation for these trees. (y) A final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the height of the rear seven (7) foot retaining wall. The land scapinglirrigation shall be installed or replaced prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Landscaping, any walls, gates, fountains, etc. proposed within the Minor Conditional Use Permit front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. 10 (z) Maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance may require a height survey at framing completion. (aa) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (bb) The owner shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of_a building permit. (cc) 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 Municipal Code. (dd) 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 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. (ee) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 11 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 Karambir S. Bhullar, 2601 Wagon Train Lane, Diamond Bar, CA 91765 and Applicant, Ron Whittier, 2512 Cedar Ridge Lane, Corona, CA 92881. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: C1 McManus, Chairman I, Nancy FDdg, Planning Commission Secretary, do hereby certify that the foregoing Resoh.ition was duly.in*--durPrl passed, and adopted, at a regular meeting of the Planning. Commission held on the 13th day of December 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Lee, Torng, VIC Low, Chair McManus Commissioner: None Commissioner: Nolan Commissioner: None 12 PLANNING COMMISSION RESOLUTION NO. 2005-42 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-39 MINOR CONDITIONAL USE PERMIT NO.2005-151TREE PERMIT NO. 2005-11 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 6,446 GROSS SQUARE FEET THREE-STORY ADDITION AT THE REAR OF THE EXISTING 3,392 LIVABLE SQUARE FEET, TWO-STORY, LEGAL NONCONFORMING SINGLE FAMILY RESIDENCE WITH A FIVE CAR GARAGE, SITE RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SEVEN (7) FEET, AND SWIMMING POOL; A REQUEST TO ALLOW THE CONTINUATION OF LEGAL NONCONFORMING FRONT YARD SETBACK DISTANCES; AND A REQUEST TO ALLOW REMOVAL AND REPLACEMENT OF PRESERVED/PROTECTED TREES. THE PROJECT SITE IS LOCATED AT 2601 WAGON TRAIN LANE (LOT 49, TRACT NO. 30578, APN 8713-012-012), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Karambir S. Bhullar, and applicant, Ron Whittier, filed Development Review No. 2005-39/Minor Conditional Use Permit No. 2005-15 and Tree Permit No. 2005-11 applications for a property located at 2601 Wagon Train Lane (Lot 49, Tract No. 30578, APN 8713-012-012), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. 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 November 30, 2005, 69 property owners within and near the project's 500 -foot radius were mailed a public hearing notice and posting of the notice was performed at three other locations within the application's vicinity. On December 2, 2005, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is assessor parcel number 8713-012-012, addressed 2601 Wagon Train Lane (Lot 49 Tract 30578), Diamond Bar, California. The parcel is approximately.87 gross acres: 20,040 usable square feet. The lot is pie -shape with an existing two-story, legal nonconforming single family residence approved and completed in 1976. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single family Residence, R-1-20,000. (c) The R-1-20,000 zone and single family uses surround the site. (d) The Application requests to remodel and construct an approximate 6,446 gross square feet three-story addition at the rear of the existing 3,392 livable square feet, two-story, legal nonconforming single family residence with a five car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool; a request to allow the continuation of the legal nonconforming front setback distances; and a request for the removal and replacement of preserved/protected trees. 2 DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. M (9) The project site, developed with a two-story single family residence, was established before the July 25, 1995, General Plan adoption and current Municipal Code. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (maximum I dwelling unit/acre) land use designation. The proposed use is zoned for single family residence at R-1-20,000. The applicant has obtained the approval of the Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. 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. Shadow Canyon Drive, Steeplechase Lane, and Wagon Train Lane adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is developed with a two-story, legal nonconforming single family residence. The Application does not change the existing single family use. The Application maintains the existing style consistent with surrounding properties. The Application is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Application's multi-level roofs, decorative windows, decks, balconies, patios, stucco and stone add texture and contrast, variety, and low maintenance materials. The Application's Mediterranean architectural design and palette are compatible with other Country Estates homes eclectic architectural style and are consistent with the 3 City's General Plan, Municipal Code, and Design Guidelines. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Departmentappror•'Lare required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. a) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). NONCONFORMING STRUCTURES (k) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. (I) As stated in Item (g), the Application is compatible with other structures in the vicinity. Many structures in the vicinity have remodeled and increased square footage. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in 4 the structure becoming inconsistent with the General Plan or any applicable specific plan. (m) As stated in Items (e) and (g), the Application is consistent with the City's General Plan objectives and strategies, Municipal Code Section 22.48 of the Municipal Code, and City Design Guidelines. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The parcel was approved by Tract Map No. 30578, Lot 49, as .87 acres. The existing structure was completed per the Los Angeles County Code in 1976 and met the required setbacks of that Code prior to the City's incorporation. Legal nonconforming is defined as any parcel or structure that was legally created or constructed prior to the current Diamond Bar Municipal Code's adoption, November 3, 1998, and which does not conform to current Code provisions/standards prescribed for the zoning district in which the use is located. Many structures in this tract were approved with the 20 feet front setback measurement. Today's front setback requirement is 30 feet from the property line. Therefore, legal nonconforming findings and Minor Conditional Use Permit approval are required by the Planning Commission. The Application conforms to the other applicable provisions of the Municipal Code. The exterior limits of the new construction do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure where the nonconformity exists. No further nonconforming status of this parcel is anticipated. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. 5 (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Items (e -h), the Application's architectural design is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Municipal Code Section 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. MINOR CONDITIONAL USE PERMIT (p) (q) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. As stated in Items (e -o), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed use is consistent with the General Plan and any applicable specific plan. (r) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -o), the design, location, size, etc. are compatible with the existing and future land uses in the vicinity. (s) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, 6 compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -o), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (t) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded CI'venant and Agreement is required and runs with the land to maintain a single family residence. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). TREE PERMIT (v) Preservation of the existing walnut trees is not feasible and would compromise the property owner's reasonable use and enjoyment of property. Surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130. The Application requires the removal of two walnut trees. A 3:1 replacement shall be required pursuant to the Municipal Code. Many homes within the Country Estates have remodeled and requested Tree Permits. Therefore, preservation of these trees would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 7 GENERAL (a) The project shall substantially conform to site plan/preliminary landscape plan, floor plans, elevations, sections, and grading plan collectively labeled as Exhibit "A" dated December 13, 2005, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. PUBLIC WORKS (c) Applicant shall follow special requirements as required by the City Engineer for construction in a Restricted Use Area. No portion of the habitable structure shall be located in the Restricted Use Area and a Covenant and Agreement to construct in a Restricted Use Area shall be recorded and returned to the City prior to the issuance of any grading or retaining wall permits. (d) Prior to the review of a grading plan, 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. (f) (g) All easements and flood hazard areas shall be clearly identified on the grading plan. The Grading Plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished 8 grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. Details of retaining walls will be reviewed and approved by the Building and Safety Division. (h) Detailed drainage system information of the lot with careful attention to the flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Permission must be obtained from adjacent property owners if proposed drainage flows into their property. U) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15' and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Prior to the issuance of Building Permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (I) (m) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division prior the issuance of any project final inspections/certificate of occupancy respectively. BUILDING AND SAFETY (n) The applicant shall provide temporary sanitation facilities during construction. (o) If required by the Building Official, a construction fence shall protect the project. (p) A permit for demolition shall be obtained from the South Coast Air Quality Management District. 9 (q) (r) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. PLANNING (s) This single family structure shall meet the State Energy Conservation Standards. (t) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. (u) Stone wainscot shall wrap from _thn front southeast corner to the side southeast corner elevation. (v) The applicant shall comply with the requirements of City Planning, Building and Safety Division, the Public Works Department, and the Fire Department. (w) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. The site plan shall be revised to indicate landscape areas in front of the house between walkways and on the southeast front yard. This revision shall be incorporated into the required final landscape plan. (x) A total of six 24 -inch box replacement walnut trees shall be planted on site for the replacement of two walnut trees of good health being removed or an applicable replacement fee calculated by City staff may be paid to the City Tree Replacement Fund as mitigation for these trees. (Y) A final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the height of the rear seven (7) foot retaining wall. The landscaping/irrigation shall be installed or replaced prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Landscaping, any walls, gates, fountains, etc. proposed within the Minor Conditional Use Permit front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. 10 (z) Maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance may require a height survey at framing completion. (aa) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (bb) The owner shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (cc) 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 Municipal Code. (dd) 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 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. (ee) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 11 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 Karambir S. Bhullar, 2601 Wagon Train Lane, Diamond Bar, CA 91765 and Applicant, Ron Whittier, 2512 Cedar Ridge Lane, Corona, CA 92881. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. L By: McManus, Chairman f I, Nancy Poffg, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly;int=2dur.ed passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of December 2005, by the following vote: AYES: Commissioners: Lee, Torng, V/C Low, Chair McManus NOES: Commissioner: None ABSENT: Commissioner: Nolan ABSTAIN: Commissioner: None ATTEST: 12