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HomeMy WebLinkAboutPC 2007-41PLANNING COMMISSION RESOLUTION NO. 2007-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-27 AND CATEGORICAL EXEMPTION FORA REQUEST TO CONSTRUCT A SERIES OF KEYSTONE RETAINING WALLS, EACH WITH A MAXIMUM EXPOSED HEIGHT OF SEVEN FEET TO ENLARGE A DRIVEWAY TURN -AROUND AREA AND CREATE A BUILDABLE PAD FOR A FUTURE SECOND UNIT LOCATED AT 2648 CLEAR CREEK LANE, DIAMOND BAR, CALIFORNIA (APN: 8713-039- 007). A. RECITALS. The property owners, Mr. and Mrs. Long K. Huot and applicant Mr. Mike Zolinski of Golden State Grading & Demo, Inc. have filed an application for Development Review No. 2007-27 and categorical exemption for a property located at 2648 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, 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 29 property owners within a 500 -foot radius of the project site and public notice was posted in three public places and the project site was posted with a display board. 3. On August 28, 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement 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 2.60 acres (113,256 square feet). It is generally rectangular in shape, narrowing and sloping at a 2:1 ratio toward the rear property line. The site is developed with a residence of approximately 6,044 square feet, garage, and pool and tennis court. There are no restricted use or flood hazard areas or easements the 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, the following zones and land uses surround the project site: to the north and east is the R-1-40,000 zoning district and single-family residences; to the south is the A-2-2 zoning district, Sphere of Influence/open space and the Los Angeles County boundary; and to the west is the San Bernardino County Boundary. (e) The Application request is for Development Review approval to construct a series of keystone retaining walls with a maximum exposed height of seven feet to enlarge the existing driveway turn -around and create a build able pad for a future second unit. Development Review (f) 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 2.60 acres (113,256 square feet). The project site is developed with a residence of approximately 6,044 square feet, garage, pool and tennis court which is consistent with the General Plan land use designation for the project site. The applicant is proposing to construct a series of keystone retaining walls with a maximum exposed height of seven feet. Each wall will be separated by a planting area three to eight feet wide. The walls will be located in the rear side yard near the north property line. The purpose of 2 Planning Commission Resolution No. 2007-41 the retaining walls is to expand the existing turn -around area adjacent to the garage and to create a build able pad for a future second unit. Additionally, it is not necessary for a portion of the second unit pad to have a retaining wall because the pad is level with the planter area between the walls. However, a 36 inch high wrought iron railing will be used to separate the two areas. There is an existing retaining wall with guard rail that supports the present turn -around area. The guard rail and top of the wall will be removed so that the proposed extension of the turn -around area will be level with the present turn -around area. The proposed turn -around will be hard caped to match the design, color and texture of the existing turn- around area. The project site is within the R-1-40,000 zoning district. Pursuant 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 related to retaining wall, grading and creating a pad for a future second unit The height and design of the proposed retaining walls is consistent with the City's development standards and design -guideline. Additionally, the applicant has obtained The Country Estates Architectural Committee approval for this project. (g) As referenced above in finding (f), the proposed project can be accommodated at the project site and this type of project is not unusual for The Country Estates. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards 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 not a 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. The materials and colors used for the driveway turn -around will match the existing driveway turn -around. Furthermore, the applicant is required to landscape and irrigate the planting areas between the walls and in the front of the last wall on the down slope. The planting materials used will be drought tolerant and will screen the walls to mitigate the view. As a condition of approval, the applicant will be required to submit a final landscape and irrigation plan that will identify the quantity of each specified species. Vines, five gallon size, shall be added to the plan to screen the proposed retaining walls. Vines shall be planted 5 feet on center. Ground cover shall be planted 12 inches on center and shrubs shall be planted 3 feet on center. All landscape and 3 Planning Commission Resolution No. 2007-41 irrigation shall be installed prior to final inspection or Certificate of Occupancy. (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) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions 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. In order to ensure the screening of the retaining walls, the final landscape plan shall identify the quantity of each specified species. Vines, five gallon size, shall be added to the plan to screen the proposed retaining walls. Vines shall be planted 5 feet on center. Ground cover shall be planted 12 inches on center and shrubs shall be planted 3 feet on center. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Retaining walls shall not exceed a maximum exposed height of seven feet. 3. Prior to plan check submittal, the applicant shall submit a revised grading plans the show all oak trees and protective fence that are in or near the construction areas. The protective fencing shall be installed prior to the issuance of a grading permit 4. The landscape plan submitted with the application shows one oak tree with a canopy that expands to the first proposed retaining wall on the down slope. The footing for the retaining wall will be located within the dripline of the tree. The applicant shall obtain the recommendations of a certified arborist for digging within the dripline. The applicant shall submit the arborist's recommendations with the grading plan for the Planning Division's approval. If it 4 Planning Commission Resolution No. 2007-41 becomes necessary to remove the oak tree located on the neighboring property, the applicant shall obtain the permission of the property owner to remove the tree. The oak tree shall be replaced at a 3:1 ratio, 24 inch box size and the replacement oak trees shall be delineated on the final landscape plan. 5. The future second unit shall comply with Development Code Section 22.42.120 and subject to a separate Plot Plan application. B. Building and Safety Division Submit drawings and calculation for all new retaining Keystone walls including details. Calculations shall be stamped and signed by a licensed architect or engineer as well as a geotechnical engineer. No deferred submittal shall be allowed. 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. Long K. Hoot, 2648 Clear Creek Lane, Diamond Bar, CA 91765 and Mr. Mike Polanski, Golden State Grading & Demo, Inc., 28335 Las Cabs, Laguna Nigel, CA 92677. APPROVED AND ADOPTED THIS 28TH OF AUGUST 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ()�� � � �__ teve Nelson, 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 the28th day of August 2007, by the following vote: AYES: Commissioners: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: commissioners: None ATTEST: ncy Foj jg: Se 5 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-27 SUBJECT: Construct a series of retaining walls with a maximum exposed height of seven feet and create a buildable pad for a future second unit. PROPERTY OWNER: Mr. & Mrs. Long Huot APPLICANT: Mr. Mike Zolinski of Golden State Grading & Demo, Inc. LOCATION: 2648 Clear Creek Lane 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. 2007-27 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: (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 6 Planning Commission Resolution No. 2007-41 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. 2007-27, 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. 2007-41, 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. 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 7 Planning Commission Resolution No. 2007-41 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. Prior to 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. 2007-27 shall expire within two years from the date of approval if the use has not been exercised as defined per 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 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 August 28, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. E. Solid Waste 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 8 Planning Commission Resolution No. 2007-41 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 at (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1 st 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 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. 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 all 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 9 Planning Commission Resolution No. 2007-41 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. 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. 9. 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. 10. Rough and final grading certifications by project soils engineer shall be submitted to the Public Works Department prior to final inspection 11. Final grade certifications by project soils and civil engineers shall be 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 Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works 10 Planning Commission Resolution No. 2007-41 Division. Sewer plans shall be submitted for review and approval by the City. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 4. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11 Planning Commission Resolution No. 2007-41 PLANNING COMMISSION RESOLUTION NO. 2007-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-27 AND CATEGORICAL EXEMPTION FOR A REQUEST TO CONSTRUCT A SERIES OF KEYSTONE RETAINING WALLS, EACH WITH A MAXIMUM EXPOSED HEIGHT OF SEVEN FEET TO ENLARGE A DRIVEWAY TURN -AROUND AREA AND CREATE A BUILDABLE PAD FOR A FUTURE SECOND UNIT LOCATED AT 2648 CLEAR CREEK LANE, DIAMOND BAR, CALIFORNIA (APN: 8713-039- 007). A. RECITALS. The property owners, Mr. and Mrs. Long K. Huot and applicant Mr. Mike Zolinski of Golden State Grading & Demo, Inc. have filed an application for Development Review No. 2007-27 and categorical exemption for a property located at 2648 Clear Creek Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, 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 29 property owners within a 500 -foot radius of the project site and public notice was posted in three public places and the project site was posted with a display board. 3. On August 28, 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 pursuant to Section 15303 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement 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 2.60 acres (113,256 square feet). It is generally rectangular in shape, narrowing and sloping at a 2:1 ratio toward the rear property line. The site is developed with a residence of approximately 6,044 square feet, garage, and pool and tennis court. There are no restricted use or flood hazard areas or easements the 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, the following zones and land uses surround the project site: to the north and east is the R-1-40,000 zoning district and single-family residences; to the south is the A-2-2 zoning district, Sphere of Influence/open space and the Los Angeles County boundary; and to the west is the San Bernardino County Boundary. (e) The Application request is for Development Review approval to construct a series of keystone retaining walls with a maximum exposed height of seven feet to enlarge the existing driveway turn -around and create a build able pad for a future second unit. Development Review (f) 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 2.60 acres (113,256 square feet). The project site is developed with a residence of approximately 6,044 square feet, garage, pool and tennis court which is consistent with the General Plan land use designation for the project site. The applicant is proposing to construct a series of keystone retaining walls with a maximum exposed height of seven feet. Each wall will be separated by a planting area three to eight feet wide. The walls will be located in the rear side yard near the north property line. The purpose of 2 Planning Commission Resolution No. 2007-41 the retaining walls is to expand the existing turn -around area adjacent to the garage and to create a build able pad for a future second unit. Additionally, it is not necessary for a portion of the second unit pad to have a retaining wall because the pad is level with the planter area between the walls. However, a 36 inch high wrought iron railing will be used to separate the two areas. (g) There is an existing retaining wall with guard rail that supports the present turn -around area. The guard rail and top of the wall will be removed so that the proposed extension of the turn -around area will be level with the present turn -around area. The proposed turn -around will be hard caped to match the design, color and texture of the existing turn- around area. The project site is within the R-1 -40,000 zoning district. Pursuant 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 related to retaining wall, grading and creating a pad for a future second unit The height and design of the proposed retaining walls is consistent with the City's development standards and design -guideline. Additionally, the applicant has obtained The Country Estates Architectural Committee approval for this project. As referenced above in finding (f), the proposed project can be accommodated at the project site and this type of project is not unusual for The Country Estates. As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards 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 not a specific plan for the project area. 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. The materials and colors used for the driveway turn -around will match the existing driveway turn -around. Furthermore, the applicant is required to landscape and irrigate the planting areas between the walls and in the front of the last wall on the down slope. The planting materials used will be drought tolerant and will screen the walls to mitigate the view. As a condition of approval, the applicant will be required to submit a final landscape and irrigation plan that will identify the quantity of each specified species. Vines, five gallon size, shall be added to the plan to screen the proposed retaining walls. Vines shall be planted 5 feet on center. Ground cover shall be planted 12 inches on center and shrubs shall be planted 3 feet on center. All landscape and 3 Planning Commission Resolution No. 2007-41 irrigation shall be installed prior to final inspection or Certificate of Occupancy. 0) 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) Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(e), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions 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. In order to ensure the screening of the retaining walls, the final landscape plan shall identify the quantity of each specified species. Vines, five gallon size, shall be added to the plan to screen the proposed retaining walls. Vines shall be planted 5 feet on center. Ground cover shall be planted 12 inches on center and shrubs shall be planted 3 feet on center. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Retaining walls shall not exceed a maximum exposed height of seven feet. 3. Prior to plan check submittal, the applicant shall submit a revised grading plans the show all oak trees and protective fence that are in or near the construction areas. The protective fencing shall be installed prior to the issuance of a grading permit 4. The landscape plan submitted with the application shows one oak tree with a canopy that expands to the first proposed retaining wall on the down slope. The footing for the retaining wall will be located within the dripline of the tree. The applicant shall obtain the recommendations of a certified arborist for digging within the dripline. The applicant shall submit the arborist's recommendations with the grading plan for the Planning Division's approval. If it 4 Planning Commission Resolution No. 2007-41 becomes necessary to remove the oak tree located on the neighboring property, the applicant shall obtain the permission of the property owner to remove the tree. The oak tree shall be replaced at a 3:1 ratio, 24 inch box size and the replacement oak trees shall be delineated on the final landscape plan. 5. The future second unit shall comply with Development Code Section 22.42.120 and subject to a separate Plot Plan application. B. Building and Safety Division 1 Submit drawings and calculation for all new retaining Keystone walls including details. Calculations shall be stamped and signed by a licensed architect or engineer as well as a geotechnical engineer. No deferred submittal shall be allowed. 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. Long K. Hoot, 2648 Clear Creek Lane, Diamond Bar, CA 91765 and Mr. Mike Polanski, Golden State Grading & Demo, Inc., 28335 Las Cabs, Laguna Nigel, CA 92677. APPROVED AND ADOPTED THIS 28TH OF AUGUST 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: teve Nelson, 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 the28th day of August 2007, by the following vote: AYES: Commissioners: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: iCommissioners: None ATTEST: g, Secret 5 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-27 SUBJECT: Construct a series of retaining walls with a maximum exposed height of seven feet and create a buildable pad for a future second unit. PROPERTY OWNER: Mr. & Mrs. Long Huot APPLICANT: Mr. Mike Zolinski of Golden State Grading & Demo, Inc. LOCATION: 2648 Clear Creek Lane 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. 2007-27 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: (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 6 Planning Commission Resolution No. 2007-41 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. 2007-27, 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. 2007-41, 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. 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 7 Planning Commission Resolution No. 2007-41 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. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1 The approval of Development Review No. 2007-27 shall expire within two years from the date of approval if the use has not been exercised as defined per 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 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 August 28, 2007, including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. E. Solid Waste 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 8 Planning Commission Resolution No. 2007-41 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 at (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 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 1 5th. 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 REPORT/GRADING/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. 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 all 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 9 Planning Commission Resolution No. 2007-41 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. 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. 9. 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. 10. Rough and final grading certifications by project soils engineer shall be submitted to the Public Works Department prior to final inspection 11. Final grade certifications by project soils and civil engineers shall be 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. 2. Any homeowner that installs a new septic tank system, repairs and existing septic tank or adds any plumbing fixture units or bedroom equivalents to the facility served by an existing septic system will need to submit a Notice of Intent (NOI) to the Regional Water Quality Control Board for Waste Discharge Requirements and submit a copy of the sent NOI and check to the City. Please refer to City handouts. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works 10 Planning Commission Resolution No. 2007-41 Division. Sewer plans shall be submitted for review and approval by the City. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 4. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11 Planning Commission Resolution No. 2007-41