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HomeMy WebLinkAboutPC 2007-10PLANNING COMMISSION RESOLUTION NO. 2007-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-28, TREE PERMIT NO. 2006-07 AND CATEGORICAL EXEMPTION, A REQUEST TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A FOUR LEVEL, 24,000 SQUARE FOOT RESIDENCE WITH A SEVEN - CAR GARAGE, SECOND UNIT, TENNIS COURT, RETAINING WALLS AND PRESERVE PROTECTED TREES. THE PROJECT SITE IS LOCATED AT 2260 INDIAN CREEK ROAD (LOT 67, TRACT NO. 23483; APN: 8713-040-033), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Mr. and Mrs. Derek Lee and applicant ConDocS, Inc., have filed an application for Development Review No. 2006-28, Tree Permit No. 2006-07and categorical exemption for a property located at 2260 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 31 property owners within a 500 -foot radius of the project site, and the public notice was posted in three public places and the project site was posted with a display board. 3. On February 13, 2007, 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 in accordance 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 within a gated community identified as The Country Estates. The site is approximately 1.41 acres (61,419 square feet). It is rectangular in shape widening at the rear property line and descending toward the rear property line. Development on the project site consists of a two-story residence of approximately 5,000 square feet, garage, guest house of approximately 1,300 square feet, carport and pool. Restricted use or flood hazard areas or easements do not exist on the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000). (d) Generally, Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000) surround the project site. (e) The Application request is for Development Review approval to demolish an existing residence and accessory structures and the design review to construct a new four level home of approximately 24,000 square feet, seven -car garage, indoor swimming pool and spa, tennis court, viewing lounge, second unit and retaining walls not to exceed an exposed height of seven feet. The Application request 2 Planning Commission Resolution No. 2007-10 also includes a Tree Permit to ensure the preservation of walnut and California pepper trees Development Review (f) On July 25, 1995, the City adopted its General Plan. Lot 67 of Tract No. 23483 (project site) was established for the construction of custom homes prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RR -Maximum 1 DU/AC. This designation allows for minimum one acre lots. The project site is 1.41 acres (61,419 square feet). Therefore, the project site and construction of one custom home complies with the General Plan. The project site is within the R-1-40,000 zoning district. In accordance to the Development Code, the development standards of the RR zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The proposed architectural style is French Provincial. All elevations of the residence are architecturally treated by using elements such as columns, balconies, balustrades and wrought iron railings, moldings, quoins, dormers and wall panels, columns and chimneys with applied molding relief. The roof line is representative of the design and scale of the residence and both vertical and horizontal articulation is used. Varying levels and planes are used on all elevations, window arrangement and style along with the above referenced architectural elements creates interest and reduces the massive appearance of the proposed residence. Additionally, as designed, the proposed project is consistent with City's Design Guidelines. Earth tone colors such as Golden Tan and Gentle Cream will be used for the exterior walls of the residence. Gentle Cream will also be used for columns, balustrades and moldings. Variegated earth tone color slate tile will be used for the roof with copper roof accessories. The architectural style, colors, materials and size of the proposed home is compatible with eclectic style of other homes in The Country Estates. Additionally, the applicant has obtained The Country Estates Architectural Committee approval for this project. 3 Planning Commission Resolution No. 2007-10 (g) With the approval and construction of the proposed project, the current use (single-family residence) of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site and the size of the project is not unusual for The Country Estates. Additionally, the architectural style, color and materials proposed will be compatible with other homes in The Country Estates. 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RR zoning district and the City's Design Guidelines. There is no specific plan for the project area. (i) As referenced in the above findings (f), (g), and (h), the proposed project provides 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. (j) 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 Department, 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) In accordance 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 of Diamond Bar. Tree Permit (1) The project site contains 12 California pepper trees and one walnut tree that will be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located 4 Planning Commission Resolution No. 2007-10 at the southwest corner of the driveway as it turns east adjacent to the west property line. The demolition of structures is outside of the trees' protected zone. Grading work will encroach into the protective zone of three of the California pepper trees located adjacent to the east property line. Grade changes are minimal and involve cuts of less than one foot and will have minimal to no impact on the trees. Fencing will be installed at the protective zone or construction boundary along with condition with in the project's Panning Commission resolution to ensure the preservation of these trees. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. Final landscape plan shall delineate all plant species, size, quantity and location. All landscaping and irrigation shall be installed prior to the final inspection and Certificate of Occupancy issuance. 2. 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. 3. Height of any structures (i.e., wall, fences, fountain, gates, etc.,) within the 30 foot front yard setback is 42 inches. 4. Tennis court lighting shall comply with Code Section 22.16. 050(e). Tennis court fencing shall comply with Code Section 22.42.110(7) (a). 5. The project site contains 12 California pepper trees and one walnut tree that shall be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located at the southwest corner of the 5 Planning Commission Resolution No. 2007-10 1.1 driveway as it turns east adjacent to the west property line. To ensure the preservation of these trees the applicant shall comply with the following: a. Plot the 12 California pepper trees and one walnut tree and protective zone with fencing on the grading plan, site plan and final landscape/irrigation plan. b. Install protective fencing around all the California pepper trees and walnut tree, placed at the protective zone or construction boundary. C. Perform all work, including grading, excavation and demolition within the protected zone of any tree by hand. d. No roots in excess of one inch shall be cut. e. Provide supervision by a certified arborist during grading, excavation, or demolition that occurs in the protective zone. f. Construction materials or debris shall not be stored or disposed of in the protective'zone. g. Equipment traffic in the protective zone shall be kept to a minimum. 6. Second unit shall comply with Code Section 22.42.120. 7. The neighboring property that excepts excess dirty from the project site shall obtain appropriate permits for stockpiling. Building and Safety Division 1. Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 518 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Kitchen and bathroom lights shall be fluorescent 5. Plan shall specify the location of tempered glass as required by code. 6. All decks and balconies shall slope 114 inch per foot and have approved water proofing material. 6 Planning commission Resolution No. 2007-10 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. Derek Lee, 2260 Indian Creek Road, Diamond Bar, CA 91765 and ConDocS, Inc., Mr. Aaron Walker, 4531 Belham Court, Westlake, Village, CA 91361. APPROVED AND ADOPTED THIS 13TH OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Q Kathleen Nolan, Acting Chairman I, Nancy Fong, Acting 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 thel 3th day of February 2007, by the following vote: ATTEST: AYES: Commissioner: NOES: Commissioner ABSTAIN: Commissioner: Lee; ilei; Acting Chairman Nolan None None ABSENT: Commissioner: Chair/Nelson; vC/Torng Nancy Fong, )cretary 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-28 and Tree Permit No. 2006-07 SUBJECT: Demolish Existing Single -Family Residence and Construct a New Single -Family Residence PROPERTY OWNER: Mr. & Mrs. Lee Derek APPLICANT: ConDocS, Inc. LOCATION: 2260 Indian Creek Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:, A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 0 Planning Commission Resolution No. 2007-10 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-28 and Tree Permit No. 2006-07, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007-10, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. g. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated tremoval, for encroachmept>°bu Idingaetc.) oCity appeoved rmits (such as grading, ree use has commenced, whichever comes first. 9 Planning commission Resolution No. 2007-10 10. 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. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Priorto any plan check, ail deposit accounts forthe processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2006-28 and Tree Permit No. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" dated February 13, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and 10 Planning Commission Resolution No. 2007-10 landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence and ty. The Second Unit onrecorm to be provided by the rded d withhe Los Angeles Clounty Recorders shallnt be completed and r rs E. Solid Waste 1. 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 approved 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.d as teshall obtained applicant's permits from the City of Diamation to insure thondeBarste to contractor use provide such services. APPLICANT SHALL CONTACT THEPUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1. An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 15f andelElimlconform o national Pollutant Dischargrg inat on System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled.to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 11 planning Commission Resolution No. 2007-10 2. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans 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. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading 5. 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. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. 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. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 12 Planning Commission Resolution No. 2007-10 11. if applicable, submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport, prior to grading plan check submittal. 12. 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. 13. 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. 14. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any 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. D. SEWERS/SEPTIC TANK 1, Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. APPLICANT SHALL CONTACT W WITH THEHE ILDING AND SAFETY FOLLOW NG CONDITIONS: DIVISION, (909) 839-7020, FOR COMPLIANCE 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check. submittal. 2. Before construction begins, the applicant shall install temporary construction fencing in accordance 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. 13 Planning Commission Resolution No. 2007-10 3. Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exteriorwall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. End 14 Planning Commission Resolution No. 2007-10 PLANNING COMMISSION RESOLUTION NO. 2007-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-28, TREE PERMIT NO. 2006-07 AND CATEGORICAL EXEMPTION, A REQUEST TO DEMOLISH AN EXISTING RESIDENCE AND CONSTRUCT A FOUR LEVEL, 24,000 SQUARE FOOT RESIDENCE WITH A SEVEN - CAR GARAGE, SECOND UNIT, TENNIS COURT, RETAINING WALLS AND PRESERVE PROTECTED TREES. THE PROJECT SITE IS LOCATED AT 2260 INDIAN CREEK ROAD (LOT 67, TRACT NO. 23483; APN: 8713-040-033), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Mr. and Mrs. Derek Lee and applicant ConDocS, Inc., have filed an application for Development Review No. 2006-28, Tree Permit No. 2006-07and categorical exemption for a property located at 2260 Indian Creek Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Tree Permit and categorical exemption shall be referred to as the "Application." 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 31 property owners within a 500 -foot radius of the project site, and the public notice was posted in three public places and the project site was posted with a display board. 3. On February 13, 2007, 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 in accordance 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 within a gated community identified as The Country Estates. The site is approximately 1.41 acres (61,419 square feet). It is rectangular in shape widening at the rear property line and descending toward the rear property line. Development on the project site consists of a two-story residence of approximately 5,000 square feet, garage, guest house of approximately 1,300 square feet, carport and pool. Restricted use or flood hazard areas or easements do not exist on the project site. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000). (d) Generally, Single -Family Residence -Minimum Lot Size 40,000 square feet (R-1-40,000) surround the project site. (e) The Application request is for Development Review approval to demolish an existing residence and accessory structures and the design review to construct a new four level home of approximately 24,000 square feet, seven -car garage, indoor swimming pool and spa, tennis court, viewing lounge, second unit and retaining walls not to exceed an exposed height of seven feet. The Application request 2 Planning Commission Resolution No. 2007-10 also includes a Tree Permit to ensure the preservation of walnut and California pepper trees Development Review M On July 25, 1995, the City adopted its General Plan. Lot 67 of Tract No. 23483 (project site) was established for the construction of custom homes prior to the City's incorporation, General Plan's adoption and under the jurisdiction of Los Angeles County. The General Plan land use designation for the project site is RR -Maximum 1 DU/AC. This designation allows for minimum one acre lots. The project site is 1.41 acres (61,419 square feet). Therefore, the project site and construction of one custom home complies with the General Plan. The project site is within the R-1-40,000 zoning district. In accordance to the Development Code, the development standards of the RR zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The proposed architectural style is French Provincial. All elevations of the residence are architecturally treated by using elements such as columns, balconies, balustrades and wrought iron railings, moldings, quoins, dormers and wall panels, columns and chimneys with applied molding relief. The roof line is representative of the design and scale of the residence and both vertical and horizontal articulation is used. Varying levels and planes are used on all elevations, window arrangement and style along with the above referenced architectural elements creates interest and reduces the massive appearance of the proposed residence. Additionally, as designed, the proposed project is consistent with City's Design Guidelines. Earth tone colors such as Golden Tan and Gentle Cream will be used for the exterior walls of the residence. Gentle Cream will also be used for columns, balustrades and moldings. Variegated earth tone color slate tile will be used for the roof with copper roof accessories. The architectural style, colors, materials and size of the proposed home is compatible with eclectic style of other homes in The Country Estates. Additionally, the applicant has obtained The Country Estates Architectural Committee approval for this project. 3 Planning Commission Resolution No. 2007-10 (9) With the approval and construction of the proposed project, the current use (single-family residence) of the project site will be maintained. As referenced above in finding (f), the proposed project can be accommodated at the project site and the size of the project is not unusual for The Country Estates. Additionally, the architectural style, color and materials proposed will be compatible with other homes in The Country Estates. 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 on the private streets within this gated community. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the RR zoning district and the City's Design Guidelines. There is no specific plan for the project area. (U) As referenced in the above findings (f), (g), and (h), the proposed project provides 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. 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 Department, 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) In accordance 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 of Diamond Bar. Tree Permit (I) The project site contains 12 California pepper trees and one walnut tree that will be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located 4 Planning Commission Resolution No. 2007-10 at the southwest corner of the driveway as it turns east adjacent to the west property line. The demolition of structures is outside of the trees' protected zone. Grading work will encroach into the protective zone of three of the California pepper trees located adjacent to the east property line. Grade changes are minimal and involve cuts of less than one foot and will have minimal to no impact on the trees. Fencing will be installed at the protective zone or construction boundary along with condition with in the project's Panning Commission resolution to ensure the preservation of these trees. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and Standard Conditions attached hereto and incorporated by reference: A. Planning Division 1. Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan for the project site for Planning Division approval. Final landscape plan shall delineate all plant species, size, quantity and location. All landscaping and irrigation shall be installed prior to the final inspection and Certificate of Occupancy issuance. 2. 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. 3. Height of any structures (i.e., wall, fences, fountain, gates, etc.,) within the 30 foot front yard setback is 42 inches. 4. Tennis court lighting shall comply with Code Section 22.16. 050(e). Tennis court fencing shall comply with Code Section 22.42.110(7) (a). 5. The project site contains 12 California pepper trees and one walnut tree that shall be preserved. The California pepper trees are located near the east and south property lines and the walnut tree is located at the southwest corner of the 5 Planning Commission Resolution No. 2007-10 driveway as it turns east adjacent to the west property line. To ensure the preservation of these trees the applicant shall comply with the following: a. Plot the 12 California pepper trees and one walnut tree and protective zone with fencing on the grading plan, site plan and final landscape/irrigation plan. b. Install protective fencing around all the California pepper trees and walnut tree, placed at the protective zone or construction boundary. c. Perform all work, including grading, excavation and demolition within the protected zone of any tree by hand. d. No roots in excess of one inch shall be cut. e. Provide supervision by a certified arborist during grading, excavation, or demolition that occurs in the protective zone. f. Construction materials or debris shall not be stored or disposed of in the protective' zone. g. Equipment traffic in the protective zone shall be kept to a minimum. 6. Second unit shall comply with Code Section 22.42.120. 7. The neighboring property that excepts excess dirty from the project site shall obtain appropriate permits for stockpiling. B. Buildinq and Safety Division 1. Door between garage and the house shall be 1 3/8 inch solid core self-closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Prior to final inspection, the applicant shall install hard wire smoke detectors with battery back-up in all bedrooms and hallways leading to sleeping areas. 3. All bedrooms shall comply with all rescue window requirements. 4. Kitchen and bathroom lights shall be fluorescent 5. Plan shall specify the location of tempered glass as required by code. 6. All decks and balconies shall slope 1/4 inch per foot and have approved water proofing material. 6 Planning Commission Resolution No. 2007-10 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. Derek Lee, 2260 Indian Creek Road, Diamond Bar, CA 91765 and ConDocS, Inc., Mr. Aaron Walker, 4531 Belham Court, Westlake, Village, CA 91361. APPROVED AND ADOPTED THIS 13TH OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Aa —'Q / Kathleen Nolan, Acting Chairman I, Nancy Fong, Acting 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 thel 3th day of February 2007, by the following vote: AYES: Commissioner: Lee; Wei; Acting Chairman Nolan NOES: Commissioner: None ABSTAIN: Commissioner: None ABSENT: Commissioner: chair/Nelson; VC/Torng ATTEST: 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-28 and Tree Permit No. 2006-07 SUBJECT: Demolish Existing Single -Family Residence and Construct a New Single -Family Residence PROPERTY OWNER: Mr. & Mrs. Lee Derek APPLICANT: ConDocS Inc. LOCATION: 2260 Indian Creek Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:, A. General Requirements 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 8 Planning Commission Resolution No. 2007-10 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-28 and Tree Permit No. 2006-07, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2007-10, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 9 Planning Commission Resolution No. 2007-10 10. 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. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Priorto any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2006-28 and Tree Permit No. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively referenced herein as Exhibit "A" dated February 13, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and 10 Planning Commission Resolution No. 2007-10 landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence and Second Unit" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Solid Waste 1. 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1 An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1st 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). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled.to reduce noise levels. B. SOILS REPORTIGRADING/RETAINING WALLS 1. The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 11 Planning Commission Resolution No. 2007-10 2. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans 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. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. 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. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 10. 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. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 12 Planning Commission Resolution No. 2007-10 11. If applicable, submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport, prior to grading plan check submittal. 12. 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. 13. 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. 14. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1 Detailed drainage system information of the lot with careful attention to any 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. D. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing in accordance 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. 13 Planning Commission Resolution No. 2007-10 3. Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1 /4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. End 14 Planning Commission Resolution No. 2007-10