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HomeMy WebLinkAboutPC 2008-19PLANNING COMMISSION RESOLUTION NO. 2008-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-12 AND MINOR VARIANCE NO. 2007-02 FOR THE REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE AND REDUCE THE REQUIRED FRONT YARD SETBACK ON LOT NO. 101 OF TRACT 23483, LOCATED AT 2690 INDIAN CREEK ROAD, (APN: 8713-036-017) A. RECITALS The Planning Commission considered an application filed by Mr. Simon Shum, AIA, of S & W Development, on behalf of the property owner, Slobodan and Branka Batricevich, requesting approval of plans to construct a new two-story, 6,753 square foot two-story single-family residence with an attached 968 square foot garage on a 50,965 sq. ft. parcel of land ("Project"). The Project also includes the reduction of the front yard setback from 30 -feet to 24 -feet. The location of the proposed project is 2690 Indian Creek Road. 2. The subject property is zoned RR (40,000) and it contains 50,965 square feet (1.17 acres) of gross land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 101, Tract 23483 and the Assessor's Parcel Number is (APN) 8713-036-017. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and the notice was posted at three other locations within the project vicinity. 5. On June 10, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing, the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zoning district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence is consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent, in terms of mass, scale and appearance, with the surrounding single-family neighborhood. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction materials are of high quality, and are consistent with other single-family residences in the surrounding neighborhood. 2 Planning Commission Resolution No. 2008-19 e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. MINOR VARIANCE a. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Minor Variance is requested to reduce the front yard setback from a required minimum of 30 feet to 24 feet. The project site has a steep natural slope of 44%, making it imperative for the project to stay as close to the street as possible in order to minimize the driveway slope and the elevation difference between the street and the garage. Moreover, to achieve the required depth of the front yard a substantial amount of additional grading will be required and additional retaining walls would have to be constructed, which conflicts with the City's goal to maintain as much of the environment as possible in a natural state. In light of these facts, the granting of the requested Minor Variance is an appropriate means to help achieve this goal. b. Granting the Variance/Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity an zoning district and denied to the property owner for which the Variance/ Minor Variance is sought. The granting of the requested Minor Variance will allow the subject property to be developed and used in a manner similar to that which is enjoyed by other properties in the vicinity which are not similarly encumbered by the topographical conditions constraining the subject property. C. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The Minor Variance is consistent with the General Plan. A goal of the General Plan is to preserve the environment in a natural state when possible. The granting of the Minor Variance will substantially reduce the amount of grading needed to create a building site. d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Planning Commission Resolution No. 2008-19 The requested variance affects only the property in question. The reduction in the front yard setback is consistent with the development techniques used in similar situations. e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall provide the Director with adequate detailed information to support the issuance of a Tree Removal Permit. (3) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (4) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) The landscape plan shall include the replacement of all protected trees that are removed from the site in order to accommodate the proposed development. At least four (4) 24 -inch box black walnut trees shall be planted on-site. (6) A certified arborist shall provide mitigation measures that will be used during grading and construction to ensure that the remaining protected trees shall not be negatively impacted by the construction activity. (7) The maximum exposed face of any retaining wall shall not exceed seven feet. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 4 Planning Commission Resolution No. 2008-19 b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 the applicant, Mr. Simon Shum, S & W Development, 20272 Carrey Road, Walnut, CA 91789 and the property owner Slobodan and Branka Batricevich, 2656 Indian Creek Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 10th DAY OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: �' A� kR2-'V-1" §tev6 Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 10th day of June 2008, by the following vote: AYES: Commissioners: shah, Nolan, Lee, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: vC/Torng ABSTAIN: Commissioners: None ATTEST: 5 Development Review No. 2007-12 COMMUNITY DEVELOPMENT DEPARTME11'T III n ioNn BAR STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT NO: Development Review No. 2007-12 & Minor Variance N0. 2007-02 SUBJECT: Construction of a new 2 -story Single -Family Dwelling PROPERTY Mr. & Mrs. Slobodan Batricevich OWNER: 2656 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Mr. Simon Shum, AIA S & W Development 20272 Carrey Road Walnut, CA 91789 LOCATION: 2690 Indian Creek Road, Diamond Bar, CA 91765 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. 2007-12 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 claim, action of proceeding, and shall cooperate fully in the defense thereof 6 Planning Commission Resolution No. 2008-19 1.4 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. 2007-12 and Minor Variance No. 2007-02 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 applicant pays 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 License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008-19, Standard Conditions, and all environmental mitigations shall be included on the plans. 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 the 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 roof 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. FEESIDEPOSITS 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 7 Planning Commission Resolution No. 2008-19 shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 3. Prior to issuance of a grading, the applicant shall submit fees and receive review approval for Tree Removal Permit. C. TIME LIMITS The approval of Development Review No. 2007-12 and Minor Variance No. 2007-02 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 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" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to screen the retaining walls. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material or fencing proposed in the front setback shall not exceed 42 inches maximum height. 8 Planning Commission Resolution No. 2008-19 4. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that any and all vegetation is in satisfactory condition. F. 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. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 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 concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and shall incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity, which disturbs one acre or greater soil, a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. 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. 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. 9 Planning Commission Resolution No. 2008-19 2. 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. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 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 six (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. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. 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. 12. 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. 10 Planning Commission Resolution No. 2008-19 C Q E F G. 13. 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. 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. Permission must be obtained from adjacent property owners if proposed drainage flows on to their property. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. OFF-SITE STREET IMPROVEMENTS (Not required) UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. SEWERS/SEPTIC TANK 1. Applicant shall obtain sewer connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the requirements of the City and the Los Angeles County Public Works Division. TRAFFIC MITIGATIONS (Not required) 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 11 Planning Commission Resolution No. 2008-19 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 6. Specify 5/8" type X drywall between the garage and the house. Specify 1-3/8" solid core self closing door between the house and garage. 7. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Separate permits are required for pool, spa, pond and tennis courts and shall be noted on plans if applicable. 9. A height survey may be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 12. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 13. Please submit a total of five (5) full sets of the Planning Division/Commission approved plans including the grading for review to the Building & Safety Division. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 15. All balconies shall be designed for 601b. live load. 12 Planning Commission Resolution No. 2008-19 16. Guardrails shall be designed for 20 Ib load applied laterally at the top of the rail. 17. Indicate all easements on the site plan. 18. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 19. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 20. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 21. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 22. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 23. Specify location of tempered glass as required by code. 24. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 25. The Los Angeles County Health Department and the California Water Control Board shall approve private property sewer/septic system. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be 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. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 13 Planning Commission Resolution No. 2008-19 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 14 Planning Commission Resolution No. 2008-19 PLANNING COMMISSION RESOLUTION NO. 2008-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2007-12 AND MINOR VARIANCE NO. 2007-02 FOR THE REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE AND REDUCE THE REQUIRED FRONT YARD SETBACK ON LOT NO. 101 OF TRACT 23483, LOCATED AT 2690 INDIAN CREEK ROAD, (APN: 8713-036-017) A. RECITALS 1. The Planning Commission considered an application filed by Mr. Simon Shum, AIA, of S & W Development, on behalf of the property owner, Slobodan and Branka Batricevich, requesting approval of plans to construct a new two-story, 6,753 square foot two-story single-family residence with an attached 968 square foot garage on a 50,965 sq. ft. parcel of land ("Project"). The Project also includes the reduction of the front yard setback from 30 -feet to 24 -feet. The location of the proposed project is 2690 Indian Creek Road. 2. The subject property is zoned RR (40,000) and it contains 50,965 square feet (1.17 acres) of gross land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 101, Tract 23483 and the Assessor's Parcel Number is (APN) 8713-036- 017. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and the notice was posted at three other locations within the project vicinity. 5. On June 10, 2008, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing, the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zoning district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed single-family residence is consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project, with conditions of approval, is consistent, in terms of mass, scale and appearance, with the surrounding single-family neighborhood. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed single-family residence will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction materials are of high quality, and are consistent with other single-family residences in the surrounding neighborhood. 2 Planning Commission Resolution No. 2008-19 e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general weffare. MINOR VARIANCE a. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. The Minor Variance is requested to reduce the front yard setback from a required minimum of 30 feet to 24 feet. The project site has a steep natural slope of 44%, making it imperative for the project to stay as c/ose to the street as possible in order to minimize the driveway slope and the elevation difference between the street and the garage. Moreover, to achieve the required depth of the front yard a substantial amount of additional grading will be required and additional retaining walls would have to be constructed, which conflicts with the City's goal to maintain as much of the environment as possible in a natural state. In light of these facts, the granting of the requested Minor Variance is an appropriate means to help achieve this goal. b. Granting the Variance/Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity an zoning district and denied to the property owner for which the Variance/ Minor Variance is sought. The granting of the requested Minor Variance will allow the subject property to be developed and used in a manner similar to that which is enjoyed by other properties in the vicinity which are not similarly encumbered by the topographical conditions constraining the subject property. C. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. The Minor Variance is consistent with the General Plan. A goal of the General Plan is to preserve the environment in a natural state when possible. The granting of the Minor Variance will substantially reduce the amount of grading needed to create a building site. d. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3 Planning Commission Resolution No. 2008-19 The requested variance affects only the property in question. The reduction in the front yard setback is consistent with the development techniques used in similar situations. e. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance with Sections 15303 and 15332 of the CEQA Guidelines. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. (2) The applicant shall provide the Director with adequate detailed information to support the issuance of a Tree Removal Permit. (3) The applicant shall obtain the services of a licensed landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the Community Development Director for review and approval, prior to issuance of building permits. (4) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan in terms of plant selection, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) The landscape plan shall include the replacement of all protected trees that are removed from the site in order to accommodate the proposed development. At least four (4) 24 -inch box black walnut trees shall be planted on-site. (5) A certified arborist shall provide mitigation measures that will be used during grading and construction to ensure that the remaining protected trees shall not be negatively impacted by the construction activity. (7) The maximum exposed face of any retaining wall shall not exceed seven feet. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 4 Planning Commission Resolution No. 2008-19 b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 the applicant, Mr. Simon Shum, S & W Development, 20272 Carrey Road, Walnut, CA 91789 and the property owner Slobodan and Branka Batricevich, 2656 Indian Creek Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 10th DAY OF JUNE 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Stev Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 10th day of June 2008, by the following vote: AYES: Commissioners: Shah, Nolan, Lee, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: VC/Torng ABSTAIN: Commissioners: None ATTEST: 5 Development Review No. 2007-12 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. The minimum design load for wind in this area is 85 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 6. Specify 5/8" type X drywall between the garage and the house. Specify 1-3/8" solid core self closing door between the house and garage. 7 Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Separate permits are required for pool, spa, pond and tennis courts and shall be noted on plans if applicable. 9. A height survey may be required at completion of framing. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 12. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building & Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909)595-1261 13. Please submit a total of five (5) full sets of the Planning Division/Commission approved plans including the grading for review to the Building & Safety Division. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2007 California Building Code. 15. All balconies shall be designed for 60Ib. live load. 12 Planning Commission Resolution No. 2008-19 16. Guardrails shall be designed for 20 Ib load applied laterally at the top of the rail. 17. Indicate all easements on the site plan. 18. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 19. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. 20. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 21. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 22. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 23. Specify location of tempered glass as required by code. 24. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 25. The Los Angeles County Health Departnnent and the California Water Control Board shall approve private property sewer/septic systenn. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:' 1. Fire Department approval shall be 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. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 13 Planning Commission Resolution No. 2008-19 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection systenn. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 14 Planning Commission Resolution No. 2008-19