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HomeMy WebLinkAboutPC 2006-07PLANNING COMMISSION RESOLUTION NO. 2006-07 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-37/MINOR VARIANCE NO. 2005-101MINOR CONDITIONAL USE PERMIT NO. 2006-02 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 7,200 SQUARE FEET OF LIVING AREA AND FOUR CAR GARAGE, PORCHES, BALCONIES, COVERED PATIO, SWIMMING POOL AND A SEVEN FOOT HIGH RETAINING 'WALL IN THE REAR YARD . CONJUNCTIVELY, A MINOR VARIANCE .APPROVAL PERMITTING SEVEN FOOT HIGH RETAINING WALLS IN THE FRONT AND SIDE YARDS AND A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A DRIVEWAY WIDTH GREATER THAN 14 FEET AT THE STREET PROPERTY LINE. THE PROJECT SITE IS 3121 STEEPLECHASE LANE (LOT 3, PARCEL MAP NO. 23382; APN 8713-017-112), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Arun & Indira Jain, and Applicant, Pete Volbeda, have filed an application for Development Review No. 2005-37, Minor Variance No. 2005-10 and Minor Conditional Use Permit No. 2006-02 for a property located at 3121 Steeplechase Lane, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Variance, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On February 2, 2006, 41 property owners within a 700 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On February 3, 2006, 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 February 14, 2006, 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: Planning Commission Resolution No. 2006-07 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines. This is pursuant to Section 15303(x) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and 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 relates to a parcel located at 3121 Steeplechase Lane (Lot 3, Parcel Map No. 23382) Diamond Bar, California, within the gated community identified as the Country Estates. The parcel is .89 gross acres. The lot was part of a 2.5 acre 3 -lot subdivision approved in December 1999 with graded pad areas. Additionally, as part of the approval of the parcel map, conditions were imposed regulating such items as grading, drainage, access, utilities, street improvements, building setbacks and tree preservation. A 20 -foot wide private drainage, utility and sewer easement bisects the northerly most section of the site. (b) The General Plan Land Use designation is Low Medium Density Residential (RLM), maximum 5 Dwelling Unit/Acre. The project site is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000). (c) Generally, the project site is surrounded by the following zones and uses: To the north is the C-R (Commercial -Recreational) zone, Multiple Family Residences; to the south is the R-1-8,000 zone, vacant and single family residence; to the east is the R-1-20,000 zone, single family residence; and to the west is the R-1-8,000 zone, vacant. 2 Planning Commission Resolution No_ 2006-07 (d) The application is a request to construct a two story, single family residence of approximately 7,200 gross square feet with porches, balconies, covered patio, swimming pool and four car garage and seven foot high retaining wall in the rear yard. The request includes a Minor Variance for a seven foot high retaining walls in the front and rear yard setbacks and a Minor Conditional Use Permit for a driveway width greater than 14 feet at the street property line. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The vacant project site was part of a previously approved 2.5 acre 3 -lot subdivision in December 1999 (Parcel Map No. 23382), which established the buildable pads for single family residences. Additionally, as part of the approval of the parcel map, conditions were imposed regulating such items as grading, drainage, access, utilities, street improvements, building setbacks and tree preservation. Furthermore, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Low Medium Density Residential (RLM), maximum 5 Dwelling Unit/Acre. The proposed use is zoned for single family residence at R-1-8,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage and setback. With the seven feet maximum exposed height retaining wall Minor Variance approval, the Diamond Bar Municipal Code height criteria are met. There is no specific or additional community planned development for the site. (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. The project site is currently an undeveloped lot within an existing subdivided parcel designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic orpedestrian hazards. 3 Planning Commission Resolution No. 2006-07 The project site is adequately served by Steeplechase Lane. These private streets are designed to handle minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the Country Estates, and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The eclectic Mediterranean design emphasizes the use of a variety of building materials for interest to include: concrete tile roof, smooth stucco walls, columns at arched entry points, spindle balcony railings, multi paned windows with decorative trim and molding treatment. The material/color samples indicate earth -toned shades will be used for the exterior finish to soften the impact and assist in preserving the hillside's aesthetic value. Additionally, the landscape materials screens much of the front, side and rear retaining walls, the maximum seven feet height of these walls is compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The "Mediterranean" design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the established neighborhood character and aesthetic value. (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. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced 4 Planning Commission Resolution No. 2006-07 agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Steeplechase Lane is hilly. The subject site is higher at street level, sloping to lower elevations toward the rear of the property. By maintaining the allowed height of 35 feet, the proposed residential structure allows view corridors to its neighbors. Therefore, the proposed residence will not have significant detrimental view blockage impact. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 9970 (CEQA), Article 99 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independentjudgment of the City of Diamond Bar. MINOR VARIANCE (k) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Minor Variance request is to allow retaining wall sections up to a maximum of seven (7) feet. The lot is .89 gross acres. The combination of size, shape, and the varying topography of the slope on the property are typical of lots in the general vicinity. The landscaping on the adjoining sides of the wall minimizes the effect of height in the front yard area. Many homes in the Country Estates have a series of retaining walls to create the pad, therefore, the project is consistent with the neighborhood. Ornamental retaining walls are required using a decorative block. The Municipal Code allows a 42 inch open railing height atop walls holding a fill. Staff has conditioned that the mass of the wall be broken up by 5 Planning Commission Resolution No. 2006-07 a vertical design element and horizontal railing. Staff will work with the architect to create a feature that adds to the project's design. Therefore, due to the combination of special circumstances applicable to the property, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts that creates an unnecessary and non -self created hardship that makes it obviously impractical to require compliance with the development standards. (I) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. Due to the combination of special circumstances applicable to the property, the strict application of the Development Code to the wall height denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts that creates an unnecessary and non -self created hardship that makes it obviously impractical to require compliance with the development standards. As a result, Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Minor Variance is sought. (m) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed retaining wall is consistent with the General Plan and consistent with specific strategies 1. 2.4 and 2.2.1 of the Land Use Element. There is no specific plan. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 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. 6 Planning Commission Resolution No. 2006-07 (o) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independentjudgment of the City of Diamond Bar. MiNOR CONDITIONAL_ USE PERMIT (p) The proposed use is allowed within the subject zoning districtwith the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e -i), the proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and the flatwork is less than 50 percent of the front yard. The project's streetscape architectural features and design include a perpendicular garage and circular driveway. This adds variation and stateliness at the streetscape. The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc., are compatible in the vicinity and the site is physically suitable and absent of physical constraints. (q) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item a -i, the proposed use is consistent with the General Plan and there is no 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 a -i, the design, location, size, etc., is 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, compatibility with adjoining land uses, and the absence of physical constraints. 7 Planning Commission Resolution No. 2006-07 As stated in Items a -i, the subject site is physically suitable for the type and densitylintensity 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. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (u) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). The categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, grading plan, landscape plan, sections, and materials/colors board collectively labeled as Exhibit "A" dated February 14, 2406, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste L Planning Commission Resolution No. 2006-07 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. (d) Applicant shall provide temporary sanitation facilities while under construction. (e) Prior to any plan check submittals, the architect shall submit a retaining wall design plan with a decorative vertical design element with horizontal railing for Planning Division review and approval. (f) Prior to issuance of any permits, the applicant shall submit proof that the building design is approved by the Country Estates Homeowners Association Architectural Committee. ENGINEERING/BUILDING AND SAFETY (g) Prior to Grading Plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California shall be submitted for approval by the City. (h) Grading Plan shall be prepared by a Civil Engineer, licensed by the State of California, for approval by the City. The Grading Plan shall be prepared in accordance with the City's Requirements for Grading Pian Check requirements. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. (i) All easements and flood hazard areas shall be clearly identified on the grading plan. (j} The Grading Plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. (k) An erosion control plan shall be submitted and erosion control measures shall be in place for construction starting after October 1 st through 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). 9 Planning Commission Resolution No. 2006-07 (I) If required by the City Engineer, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (m) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Permission must be obtained from adjacent property owners if proposed drainage flows into their property. (n) Applicant shall submit calculations for the proposed rip -rap on the grading plan. (o) Finished slopes shall conform to City Code Section 22.22.080 - Grading. (p) Prior to the issuance of building permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (q) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the home structure. Retaining wall permits may be issued without a rough grade certificate. (r) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Department prior the issuance of any project final inspectionslcertificate of occupancy respectively. (s) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City permits. (t) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (u) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. 10 Planning Commission Resoluton No. 2006-07 (v) The single family structure shah meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (w) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (x) The single family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 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; 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than Y2 inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum 1/2 inch screen. (y) This single family structure shall meet the State Energy Conservation Standards. (z) Due to the site's topography, applicant shall comply with special design requirements as specified in the 2001 California Building Code, Section 1806.4.2, building setback, top and toe of slopes. (aa) All sleeping rooms shall have windows that comply with egress requirements. (bb) All balconies shall be designed for40 pound per square foot live load. (cc) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (dd) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (ee) Application shall provide window and door schedule for Building and Safety plan check. 11 Planning Commission Resolution No. 2006-07 PLANNING DIVISION (ff) A final landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a building permit. The plans shall include species, size and quantity of trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the front, side and rear yards of the pad. (gg) The applicant shall provide for a protective fencing around the existing oak tree. The fencing shall provide a 10 -foot protection zone as required by Parcel Map 23382, which prohibits any building, encroachment or grading activity. A certified arborist shall supervise the preservation of the oak tree and shall comply with the Section 22.38.140 Tree Protection Requirements. Additionally, the oak tree with 10 -foot protection zone and protective fencing shall be delineated on the grading plan. (hh) All landscaping/irrigation shall be installed prior to the Planning Division's final inspection including the protected/preserved trees. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (ii) Internal driveway width shall be reduced to a maximum of twelve (12) feet. Prior to plan check submittal, the applicant shall submit elevation of all retaining walls for the Planning Divisions review and approval. (kk) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (11) 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. 12 Planning Commission Resolution No. 2006-07 (mm) The 1,420 square foot attic space shall remain non -habitable with no divisible walls. If the space is to be converted to habitable area, the floor plan shall be first reviewed and approved by the Planning Division prior to submitting and receiving a building permit. (nn) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (oo) Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (pp) 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. (qq) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (rr) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 13 Planning Commission Resolution No. 2066-07 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Arun & Indira Jain, 20825 Quail Run Drive, Diamond Bar, CA 91789 and Pete Volbeda, 615 North Benson Avenue, Unit D, Upland, CA 91786. APPROVED AND ADOPTED THIS 14th DAY OF FEBRUARY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: G J e McManus, Chairman I, Nancy FoW, Planning Commission Secretary, do . hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of February 2006, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: A TTCCT. Nolan, Lee, Torng, VC/Low, C/McManus None None None 14 Planning Commission Resolution No. 2006-07