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HomeMy WebLinkAboutPC 99-25.__—_Lk__� 1 Ili— .�,. Aln.a sefiYN�IMwIMllllm Nnwwwii�hyM1-.�rrll—w+++.l nw+,a----r.r yam.... rirrin m�—o r PLANNING COMMISSION RESOLUTION NO. 99-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-11, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, PATIO, AND FOUR -CAR GARAGE OF APPROXIMATELY 12,151 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2808 CRYSTAL RIDGE ROAD (LOT 30, TRACT 47850), DIAMOND BAR, CALIFORNIA. i A. Recitals 1. The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 99-11, for a property located at 2808 Crystal Ridge Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On October 13, 1999, 27 property owners within a 500 -foot radius of the project'site were notified by mail. On October 15, 1999, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed at least 10 days prior to the public hearing. Three other sites were posted within the vicinity of the application. 3. On October 26, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section - 15162(a) of Article 11 of the California Code of Regulations. i 1 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 ltli,,"'Jih!I! upon the ProPosed Project set forth in the application, y'dra! there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project's situs is a vacant Lot 30 of Tract 47850, and part of a 50 -lot subdivision, with graded buildable pads adjacent to "The Country Estates." On June 6, 1995, the City Council approved the subdivision. The flat pad encompasses 62% of the rectangular -shaped lot. The northwest lot line is 24 feet from the pad and is 12 feet higher. The property has only the front utility and street easements per recorded Tract Map 47850. The lot is .64 gross acres and .39 net acres. The property does not contain protected/preserved trees. (b) The project site is zoned Rural Residential (RR). Its'` General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (c) Generally, the following zones surround the subject site: to the north and east is Rural Residential (RR); to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and to the west is 'Rural Residential (RR), Low Density Residential (RL), and Low Medium Residential (RLM). (d) The application is a request to construct a two-story, single-family residence with balconies, porch, patio and four -car garage of approximately 12,151 square feet. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was 2 operating under a draft General Plan. The General Plan -- was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June 5, 1995. However, Vesting Tentative Tract Map No. 47850 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre unit which complies with the land use designation of Rural Residential (Maximum l DU/AC) identified in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Tract Map No. 47850 Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of F^m pedestrian and vehicular traffic. Crystal Ridge Road and the secondary access roads in the vicinity, Steeplechase Lane and Water Course Drive, adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Mediterranean. The architectural features of portico with columns, pre -cast concrete balusters and wrought iron around the balconies, tile roof, and stucco exterior with stone and stucco quoin accents, are consistent with many homes in Tract 47850 and compatible with the eclectic architectural style of other homes in neighboring Tract 47851 and "The Country Estates." There is no applicable specific plan for this area. 3 -- __ _._n . .-v —-1711111 _.,__, .. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any a applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided as Exhibit "A." The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and texture related to the use of stucco, stone accent and the quoins together with low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits and inspections are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the,_; California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract No., 47850. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and materials/ colors board collectively labeled as Exhibit "A", dated October 12, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the 4 construction, addition', or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to ..,; construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the rear of the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. i (d) Before Certificate of Occupancy issuance, the applicant shall submit to the City Planning Division written evidence indicating the Buyer's receipt of the "Buyers' Awareness Package." In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e., hardscapes, pool/spa, retaining walls, additional landscaping.) (e) A grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Engineering Division. On a grading plan the following shall be delineated: (1) Cut and fill quantities and earthwork calculations; (2) All flow lines, finished surfaces, and finished grades; (3) Proper drainage with detailed sketches; (4) Proposed and existing grades; (5) Sign/stamped by a civil engineer, geotechnical engineer and geologist; (6) Clearly delineate all easements; (7) Erosion Control plans shall be submitted and measures be in place for grading started after September 15, through April 15; (8) All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer); 5 ---- _ __ 1__ .1111[IJI 1 �I�_- '-- ii i ii ii _ii..�,� - - (9) Streets are to remain free of debris and cleaned daily as necessary; (10) A grading bond may be required;�i�!I�4��,V (11) Export site shall be approved by the Public Works Division; (12) Indicate retaining wall locations on grading plan and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations including type of wall, details and cross sections; and (13) Retaining wall shall not exceed a height of six feet nor exceed 42" in the required front setback. (f) The applicant shall submit to the Planning Division for review and approval the materials for the retaining wall at the driveway. (g) The project shall be redesigned as required per the Development Code, Section 22.30.070, Table 3-11. Any additional square footage required. due to the reconfiguration and design as a result of this revision shall be reviewed and approved by the Planning Division. (h) A fine grade certification shall be required before building final. LJ (i) Building setback from any slopes (toe or top) shall meet Section 18 of the 1997 Uniform Building Code. (j) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (k) The single-family structure shall meet the 1997 California Building Code, California Plumbing Code, California Mechanical Code, and 1996 National Electric Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude' entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; 6 , ,,.. ,..a.. ,... .nig _,, ...m,- ,,....., , ,r .. , ..i. R, 11. 11 1, 1 ..^. r.. i 1 ,...,. ■ '..1 1.. : 1�" ,1 Al, ,.l._,,Mt 4. 8i :,.. (3) All openings into,the attic, floor, and/or other enclosed areas shall be covered with corrosion - resistant wire mesh not less than 4 inch nor more than &� inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum inch screen. (n) The application shall be approved by the Fire Department. (o) This single-family structure shall meet the State Energy Conservation Standards. (p) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (q) Maximum Height of the proposed structure shall not exceed 35' from finish grade. (r) The applicant shall be required to submit a landscape/irrigation plan delineating the type of planting materials color, size, quantity and location, for review and approval by the City within 60 days of the project's final inspection or Certificate of Occupancy's issuance. (s) Applicant shall comply with Planning and Zoning; Building and Safety Division; Public Works Division; and Fire Department requirements. (t) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension..may be approved when submitted to the City in writing at least 60 days prior to the expiration =date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. 7 (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days -of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Property Owner, Diamond Bar West, LLC, and applicant, Richard Gould, at 3480 Torrance Boulevard, ft300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Tye, Ch irman I, James DeStefano, 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 26th day of October, 1999, by the following vote: AYES: Ruzicka, McManus, Kuo, Tye NOES: ABSENT: ABSTAIN: Nelson ATTEST: lmk DeStefano, Secretary 8 U11 PLANNING COMMISSION RESOLUTION NO. 99-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-11, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, PATIO, AND FOUR -CAR GARAGE OF APPROXIMATELY 12,151 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 2808 CRYSTAL RIDGE ROAD (LOT 30, TRACT 47850), DIAMOND BAR, CALIFORNIA. A. Recitals 1. The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 99-11, for a property located at 2808 Crystal Ridge Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. on October 13, 1999, 27 property owners within a 500 -foot radius of the project'site were notified by mail. on October 15, 1999, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed at least 10 days prior to the public hearing. Three other sites were posted within the vicinity of the application. 3. On October 26, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. 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 wildlif e depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, (a) The project's situs is a vacant Lot 30 of Tract 47850, and part of a 50 -lot subdivision, with graded buildable pads adjacent to "The Country Estates." On June 6, 1995, the City Council approved the subdivision. The flat pad encompasses 62% of the rectangular -shaped lot. The northwest lot line is 24 feet from the pad and is 12 feet higher. The property has only the front utility and street easements per recorded Tract Map 47850. The lot is .64 gross acres and .39 net acres. The property does not contain protected/preserved trees. (b) The project site is zoned Rural Residential (RR) . Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (c) Generally, the following zones surround the subject site: to the north and east is Rural Residential (RR); to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2) ; and to the west is 'Rural Residential (RR), Low Density Residential (RL), and Low Medium Residential (RLM). (d) The application is a request to construct a two-story, single-family residence with balconies, porch, patio and four -car garage of approximately 12,151 square DEVELOPMENT REVIEW (e) The design,and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. operating under a draft General Plan. The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June 5, 1995. However, Vesting Tentative Tract Map No. 47850 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre unit which complies with the land use designation of Rural Residential (Maximum- 1 DU/AC) identified in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing - or future development, and will not create traffic or pedestrian hazards. Tract Map No. 47850 Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Crystal Ridge Road and the secondary access roads in the vicinity, Steeplechase Lane and Water Course Drive, adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Mediterranean. The architectural features of portico with columns, pre -cast concrete balusters and wrought iron around the balconies, tile roof, and stucco exterior with stone and stucco quoin accents, are consistent with many homes in Tract 47850 and compatible with the eclectic architectural style of other homes in neighboring Tract 47851 and "The Country Estates." There is no applicable specific plan for this area. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting publici as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. ' A project colors/materials board is provided as Exhibit "A." The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and texture related to the use of stucco, stone accent and the quoins together with low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or Welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits and inspections are required for construction and will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract No. 47850. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and materials/ colors board collectively labeled as Exhibit "A", dated October 12, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the rear of the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building official approves its removal. (d) Before Certificate of occupancy issuance, the applicant shall submit to the City Planning Division written evidence indicating the Buyer's receipt of the 'Buyers' Awareness Package." In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e., hardscapes, pool/spa, retaining walls, additional landscaping.) (e) A grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Engineering Division. On a grading—plan the following shall be delineated: (1) Cut and fill quantities and earthwork calculations; (2) All flow lines, finished surfaces, and f ini shed grades; (3) Proper drainage with detailed sketches; (4) Proposed and existing grades; (5) Sign/stamped by a civil engineer, geotechnical engineer and geologist; (6) Clearly delineate all easements; (7) Erosion Control plans shall be submitted and measures be in place for grading started after September 15, through April 15; (8) All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer); (9) Streets are to remain free of debris and cleaned daily as necessary; (10) A grading bond may be required; (11) Export site shall be approved by the Public Works Divisionf (12) Indicate retaining wall locations on grading plan and delineate: (a) Top of wall; Top of footing; Finish Surface; (b) Structural calculations including type of wall, details and (c) cross sections; and wall shall not exceed a height of six (d) exceed 42" in the required front setback. (13) Retaining feet (f) The applicant shall submit to the Planning Division for review and approval the materials for the retaining wall at the driveway. (g) The project shall be redesigned as required per the Development Code, Section 22.30.070, Table 3-11. Any additional square footage required - due to the reconfiguratioh and design as a result of this revision shall be reviewed and approved by the Planning Division. (h) A fine grade certification shall be required before building final. (i) Building setback from any slopes (toe or top) shall meet Section 18 of the 1997 Q) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (k) The single-family structure shall meet the 1997 California Building Code, California Plumbing Code, California Mechanical Code, and 1996 National Electric Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall A"; the roofs shall be to preclude' entry of the the fire; (2) All enclosed under -floor as exterior walls; be "Fire Retardant, Class fire stopped at the eaves flame or members under areas shall be constructed (3) All openings into ,,,,,the attic, floor, and/or other enclosed areas shall be covered with corrosionresistant wire mesh not less than 24 inch nor more than li inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1,— inch screen. (n) The application shall be approved by the Fire Department. (o) This single-family structure shall meet the State Energy Conservation Standards. (p) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division -prior to the issuance of building permits. (q) Maximum Height of the proposed structure shall not exceed 35' from finish grade. (r) The applicant shall be required to submit a landscape/irrigation plan delineating the type of planting materials color, size, quantity and location, for review and approval by the City within 60 days of the project's final inspection or Certificate of occupancy's issuance. (s) Applicant shall comply with Planning and Zoning; Building and Safety Division; Public Works Division; and Fire Department requirements. (t) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extensi-on,-may be approved when submitted to the City in writing at least 60 days prior to- the expiration --date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days -of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the'adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Property Owner, Diamond Bar West, LLC, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 26TH DAY OF OCTOBER 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: a ---LL— Steve Tye, Chiirman I, James DeStefano, 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 26th day of October, 1999, by the following vote: AYES: Ruzicka, McManus, Kuo, Tye NOES: ABSENT: ABSTAIN: Nelson ATTEST: Im s DeStefano, Secretary me