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HomeMy WebLinkAboutPC 2000-01PLANNING COMMISSION RESOLUTION NO. 2000-01 "v _I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-12 A REQUEST TO DEMOLISH AN EXISTING 3,944 SQUARE FOOT TWO-STORY SINGLE-FAMILY RESIDENCE WITH GARAGE AND POOL, AND CONSTRUCT AN 11,389 SQUARE FOOT TWO-STORY WITH BASEMENT SINGLE-FAMILY RESIDENCE INCLUDING A SIX -CAR GARAGE, MOTOR COURT, POOL/SPA, GAZEBO AND CATEGORICAL EXEMPTION 15303(x). THE PROJECT SITE IS 2501 CROWFOOT LANE (LOT 61 OF TRACT MAP NO. 30577), DIAMOND BAR CA. A. Recitals 1. The property owner, Charles Chin, and applicant, Simon h Shum, have filed an application to approve Development Review No. 99-12, for a property located at 2501 Crowfoot Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, and Categorical Exemption emption shall be referred to as the "Application". 2. On January 11, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On December 30, 1999, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Further, fifty-two property owners within a 500 -foot radius of the project site were notified by mail. On December 31, 1999, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of 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 Resolutiox, are true and correct. 1 - _ --- - - - ------ - - - I11 11111 1;11111I...---"-"T----`l,-x :`,._, ,-�,mo 2. The Planning Commission hereby determines that the project identified above in this Resolution is 11H categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning 'Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat --upon which the wildlife depends. Based upon substantial evidence, this Planning commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 2501 Crowfoot Lane (Lot 61 of Tract No. 30577), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 2.68 gross acres and 2.63 net acres. It is shaped irregularly, widening and sloping upward toward the rear, northerly exposure. Per the May 13, 1970 recorded Tract Map, there is..a Restricted Use Area and Flood Hazard Area on the property. (b) The project site is zoned Single -Family Residence - Minimum Lot Size One Acre Rural Residential (RR) Zone. Its General Plan Land Use designation is Rural Residential (RR). (c) Generally, the following zones surround the subject site: to the north, south, east and west is the Rural Residential (RR) Zone. (d) The application is a request to demolish an existing two-story single-family residence with garage and pool, and construct an 11,389 square foot two-story with basement single-family residence including a' six -car garage, motor court, pool/spa, and gazebo. 2 DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, currently developed with a two- story single-family residence, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (1 du/acre). The proposed use is zoned for single-family residence at 1 du/acre. The proposed structure and accessory structures comply with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage criteria of the Diamond Bar Development Code. Furthermore, the applicant has obtained the approval of "The Country Estates" - Homeowners' Association Architectural Committee. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently developed with a two- story single-family residence. The proposed new construction and accessory structures are a continued use and do not change the use of a single-family residence. Although the proposed residence is larger, it is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Falcons --, View Drive. This private street is designed to handle minimum traffic created by this type of development. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the Ji,,ic surrounding neighborhood and will maintain the f;„,,%” harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project's architectural features include the use of two wings and motor court; the second -story entry with glass and steel stair railing with pool beneath;. balconies and columns; dentil-band'. cornice with roof -line balustrade; as well as the layering of materials and finishes via the trimmed stucco on the lower level, and the alternate marbleized painted stucco building and deco -mold trims. Additionally, the colors and materials utilized are compatible with 'the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates." (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. (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, inspections and soils reports are required for construction, as well as a South Coast Air Quality Management District (SCAQMD) demolition permit. These 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. 4 i_—�.��.x__a...�ruc�.v+vrvwrwvwuu�o..�mm+r�,..r.—� �.,nn=�r�.�ro"^_�m•T r�rai��'f-"2%o-A'lh�L�..--�t�. rumw�mn...rco-rniuuer�+wAlurlNkrrml�u.t,L__1—�__—.__r _ _�___ ._-___ __ __, (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). 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 January 11, 2000, as submitted to and approved by the Planning Commission. Additional colors for Gazebos, trellis, stamped concrete, pre -cast, steel railing, sheet metal, exterior wood trims, shall be reviewed and approved by the Planning Division and made a part of Exhibit "A". F (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to 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. This fencing shall remain until the Building Official approves its removal. t F (d) Tree Protection Requirements as required per Section 22.38.140 shall be installed for any California Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees before issuance of City permits. 5 (e) Demolition permits shall be obtained from the South Coast Air Quality Management District and the Building and Safety Division. 4���'.h� (f) The front landscaping shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Additionally, any walls, gates, fountains, etc. that may be proposed within the front setback shall not exceed 42 inches in height or be constructed within the street's dedicated easement. (g) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. 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) Retaining walls shall not be constructed of wood or wood products; (8) Retaining walls shall be required to be ornamental by using stucco or decorative block; (9) Indicate retaining wall locations on grading plan and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; (10) All grading is subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise). (h) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference is the suitability of the retaining walls to withstand 6 ,.. I.."..no- —_ __- __ _ ___ _ `_- _. _ _, .. __ ...,,. ..�,,.,,,..AA,�„,m...., mc.--.- �a.�sr =moi �.uvv-s,31zs+.�✓-L,-=— i•� wbrb�.n. «u n. e.v idim N:ullaL buu 4.uW.i�l = _�__��_ —_ -_ ___ _ _.— _�.. _ a pressure of the retained soils and proposed development. A Covenant and Agreement as g prescribed by the City Engineer shall be signed, notarized, and recorded by the owner before the issuance of City Permits i for structures in the Restricted Use Area. (j) There is currently no public sewer system. The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department and City Geotechnical Engineer shall approve these plans prior to the issuance of any City permits. The property owner shall be required to sign and record the City's agreement for use of a septic system. (k) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical 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; (3) 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 nor more than 1/2 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) This single-family structure shall meet the State Energy Conservation Standards. (o) 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. 7 I1 1 I'11II 1 - II I..I L. '.'1 1 '�...u. •.n ..min -i '......<._.�.�-.m.,�...._.: . a_.. ._.A._ ..—. l f l IIID (p) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slopeIrpi9' is 15% per the Public Works Division. IN (q) Maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. (r) Prior to the issuance of any City Permits, the Applicant shall obtain a Minor Variance approval to allow a maximum 31A feet roof -line balustrade architectural feature that extends above the 35 feet roofline. (s) Due to the site's topography, applicant shall comply with special design requirements as specified in the U.B.C., Section 18.4.3, building setback, top and toe of slopes. (t) The applicant shall be required to submit a landscape/irrigation and lighting plans delineating the type of planting materials color, size, quantity and location, lighting, to be reviewed and approved by the Planning Division within 60 days of u the project's approval. ' (u) The Applicant shall comply with Planning and zoning;. Building and Safety; and, Public Works and Fire Department requirements. (v) 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. (w) 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. .. ...,...,. a ...., ,t! (x) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the LL 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 Charles Chin, 2501 Crowfoot Lane, Diamond Bar, CA, 91765 and Simon Shum, 20547 Walnut Drive, #D, Walnut, CA 91789. APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2000, BY - THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: lip Steve Tye, Chairan 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 11th day of January 2000, by the following vote: AYES: Ruzicka, Kuo, McManus, Vice -Chairman Nelson, Chairman Tye NOES: ABSENT: ABSTAIN: t hsDeStefanp, ATTEST: Ja Secretary 9 PLANNING COMMISSION RESOLUTION NO. 2000-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-12 A REQUEST TO DEMOLISH AN EXISTING 3,944 SQUARE FOOT TWO- STORY SINGLE-FAMILY RESIDENCE WITH GARAGE AND POOL, AND CONSTRUCT AN 11,389 SQUARE FOOT TWO-STORY WITH BASEMENT SINGLE-FAMILY RESIDENCE INCLUDING A SIX -CAR GARAGE, MOTOR COURT, POOL/SPA, GAZEBO AND CATEGORICAL EXE14PTION 15303(a). THE PROJECT SITE IS 2501 CROWFOOT LANE (LOT 61 OF TRACT MAP NO. 30577), DIAMOND BAR CA. A. Recitals 1. The property owner, Charles Chin, and applicant, Simon Shum, have filed an application to approve Development Review No. 99-12, for a property located at 2501 Crowfoot Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, and Categorical Exemption shall be referred to as the "Application". 2. On January 11, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 3. On December 30, 1999, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Further, fifty-two property owners within a 500 -foot radius of the project site were notified by mail. On December 31, 1999, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of 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 categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat -.upon which the wildlife depends. Based upon substantial evidence, this Planning commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, (a) The project relates to a parcel at 2501 Crowfoot Lane (Lot 61 of Tract No. 30577), Diamond Bar, CA, within the gated community identified as "The Country Estates." The project site is approximately 2.68 gross acres and 2.63 net acres. It is shaped irregularly, widening and sloping upward toward the rear, northerly exposure. Per the May 13, 1970 recorded Tract Map, there is. -a Restricted Use Area and Flood Hazard Area on the property. (b) The project site is zoned Single -Family ResidenceMinimum Lot Size One Acre Rural Residential (RR) Zone. Its General Plan Land Use designation is Rural Residential (RR). (c) Generally, the following zones surround the subject site: to the north, south, east and west is the Rural Residential (RR) Zone. (d) The application is a request to demolish an existing two-story single-family residence with garage and pool, and construct an 11,389 square foot two- story with basement single-family residence including a six -car garage, motor court, pool/spa, and gazebo. 2 DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The project site, currently developed with a twostory single-family residence, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995 which has a land use designation of Rural Residential (1 du/acre). The proposed use is zoned for single-family residence at 1 du/acre. The proposed structure and accessory structures comply with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage criteria of the Diamond Bar Development Code. Furthermore, the applicant has obtained the approval of "The Country Estates" Homeowners' Association Architectural Committee. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently developed with a twostory single-family residence. The proposed new construction and accessory structures are a continued use and do not change the use of a single-family residence. Although the proposed residence is larger, it is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Falcons View Drive. This private street is designed to handle minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design is compatible with the eclectic architectural style of other homes within "The Country Estates," and is consistent with the City's Design Guidelines and Development Code. The project's architectural features include the use of two wings and motor court; the second -story entry with glass and steel stair railing with pool beneath; balconies and columns; dentil-band cornice with roof -line balustrade; as well as the layering of materials and finishes via the trimmed stucco on the lower level, and the alternate marbleized painted stucco building and deco -mold trims. Additionally, the colors and materials utilized are compatible with the homes within the surrounding area. The applicant has obtained the approval of the architectural committee of "The Country Estates." (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. (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, inspections and soils reports are required for construction, as well as a South Coast Air Quality Management District (SCAQMD) demolition permit. These 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). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). 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 January 11, 2000, as submitted to and approved by the Planning Commission. Additional colors for Gazebos, trellis, stamped concrete, pre- cast, steel railing, sheet metal, exterior wood trims, shall be reviewed and approved by the Planning Division and made a part of Exhibit "A". (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to 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. This fencing shall remain until the Building Official approves its removal. (d) Tree Protection Requirements as required per Section 22.38.140 shall be installed for any California Pepper, Arroyo Willow, Sycamore, Oak, and Walnut trees before issuance of City permits. (e) Demolition permits shall be obtained from the South Coast Air Quality Management District and the Building and Safety Division. (f) The front landscaping shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Additionally, any walls, gates, fountains, etc. that may be proposed within the front setback shall not exceed 42 inches in height or be constructed within the street's dedicated easement. (g) A grading and retaining wall plan review and approval is required for cut/fill quantities greater than 50 cubic yards. In accordance with the City's grading requirements, the grading plan shall be reviewed and approved by the City before the issuance of a grading permit. 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) Retaining walls shall not be constructed of wood or wood products; (8) Retaining walls shall be required to be ornamental by using stucco or decorative block; (9) Indicate retaining wall locations on grading plan and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; (10) All grading is subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise). (h) Applicant shall submit a soils, report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. A Covenant and Agreement as prescribed by the City Engineer shall be signed, notarized, and recorded by the owner before the issuance of City Permits for structures in the Restricted Use Area. There is currently no public sewer system. The Applicant shall show septic tanks location, size and details on the plans. The Los Angeles County Health Department and City Geotechnical Engineer shall approve these plans prior to the issuance of any City permits. The property owner shall be required to sign and record the City's agreement for use of a septic system. (k) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical 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 41, and shall meet the following requirements of —_hat 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 f lame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 114 inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) 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. (p) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (q) maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. (r) Prior to the issuance of any City Permits, the Applicant shall obtain a Minor Variance approval to allow a maximum 31/2 feet roof -line balustrade architectural feature that extends above the 35 feet roofline. (s) Due to the site's topography, applicant shall comply with special design requirements as specified in the U.B.C., Section 18.4.3, building setback, top and toe of slopes. (t) The applicant shall be required to submit a landscape/irrigation and lighting plans delineating the type of planting materials color, size, quantity and location, lighting, to be reviewed and approved by the Planning Division within 60 days of the project's approval. (u) The Applicant shall comply with Planning and Zoning; Building and Safety; and, Public Works and Fire Department requirements. (v) 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. (w) 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. (x) 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 Charles Chin, 2501 Crowfoot Lane, Diamond Bar, CA, 91765 and Simon Shum, 20547 Walnut Drive, #D, Walnut, CA 91789. APPROVED AND ADOPTED THIS 11TH DAY OF JANUARY 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Tye, Chairran 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 11 th day of January 2000, by the following vote: AYES: Ruzicka, Kuo, McManus, Vice -Chairman Nelson, Chairman Tye NOES ABSENT: ABSTAIN: ATTEST: JaYales DeStefang, Secretary 9