HomeMy WebLinkAboutPC 2000-12PLANNING COMMISSION
RESOLUTION NO. 2000-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2000-05, A REQUEST TO CONSTRUCT A THREE-
STORY SINGLE FAMILY RESIDENCE WITH A SIX CAR
GARAGE, BALCONIES AND COVERED PATIO FOR A TOTAL
OF APPROXIMATELY 14,742 SQUARE FEET. THE
REQUEST ALSO INCLUDES TENNIS COURT WITH
RECREATIONAL LIGHTING, SWIMMING POOLISPA, AND
RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF
SIX FEET. THE PROJECT SITE IS LOCATED AT 2688
BLAZE TRAIL (LOT 1, TRACT 51169), DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Jerry Yeh, has filed an
application for Development Review No. 2000-05 for a
property located at 2688 Blaze Trail, Diamond Bar,
Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review shall be
referred to as the "Application."
2. On June 30, 2000, the public hearing notice was posted in
three public places within the City of Diamond Bar. On
July 7, 2000, public hearing notices were mailed to
approximately 24 property owners of record within a
500 -foot radius of the project. On July 13, 2000, the
project site was posted with a display board. On July 14,
2000, notification of the public hearing for this project
was provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers.
3. On July 25, 2000, 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. This Planning Commission hereby specifically finds that all
of the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
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2. The Planning Commission hereby finds that the project
identified above in this Resolution is categorically exempt
from the requirements of the California .Environmental oo;l
Quality Act (CEQA) and guidelines set forth thereafter rlk;w"�a
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
de -termines that, having considered the record as a whole
including the findings set forth below, and changes and
alterations which have been incorporated into and
conditioned upon the proposed project set forth in the
application, there is no evidence before this Planning
Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or
the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
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(a) The project relates to a 13 -lot subdivision approved
by the City Council in November 1994. The project
site is an existing vacant lot within a gated
community identified as the "The Country Estates."
The project site is irregular shaped and is
approximately 67,959,gross square feet with a pad area
of approximately 26,572 square feet. According to
Tract Map No. 51169, the project site contains
easements for slope and drainage maintenance purposes
in the front portion of the project site adjacent to
Blaze Trail and in the southeast (side/rear) of the
project site. Also within the front portion of the
project site adjacent to Blaze Trail are easements for
access, sanitary sewer, public utility, and public
services. Additionally, the slope and drainage
maintenance easements contain planting materials as
listed within the approved Mitigation Monitoring
` Landscape Plan.
(b) The .project- site has. a General Plan land use
designation of Rural Residential (RR) Maximum 1
Dwelling Unit 1 DU/AC.
(c) The project site is within the Single Family
Residence -Minimum Lot Size 20,000 Square Feet (R-1-
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20,000) Zone.
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(d) Generally, the following zones surround the project
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site: to the north and west is the R-1-20,000 Zone;
to the south and east is the R-1-20,000 and Heavy
Agriculture (A-2-2) Zone;
(e) The Application request is to construct a three-story
(two -stories and a basement) single-family residence
with a six car garage, balconies and covered patio for
a total of approximately 14,742 square feet. The
request also includes a tennis court with recreational
lighting, swimming pool/spa and retaining walls with
an exposed height of six feet.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is
consistent with the applicable elements of the City's
General Plan, City Design Guidelines, and development
standards of the applicable district, design
guidelines, and architectural criteria for special
areas (e.g., theme areas, specific plans, community
plans, boulevards or planned developments).
The proposed project complies with the elements of the
adopted General Plan, dated July 25, 1995, and the
land use designation of Rural Residential. The
proposed project complies with the City's General Plan
objectives and strategies relating to maintaining the
integrity of a residential neighborhood. The proposed
design and layout is compatible with the eclectic
architectural style, design, and materials/colors of
existing homes within Tract No. 51169 as well as the
"The Country Estates." Additionally, the applicant has
obtained "The Country Estates" architectural committee
approval to ensure compatibility.
(g) 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 includes a single family residence,
-which is similar in design and layout to surrounding
single, .family -residences. It is not expected to
unreasonably interfere with the use and the enjoyment
of neighboring existing or future development and
will not create traffic or pedestrian hazards.
Blaze Trail adequately serves the project, which is
a private street designed to handle minimum traffic
created by this type of development. Furthermore,
the Environmental Impact Report (EIR) for Tract Map
No. 51169 addressed the issue of this development's
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effect on traffic and circulation. The EIR was
certified, thereby, determining that the Tract would
not create traffic or pedestrian hazards.
Staff has reviewed the floor plan and specifically
noted the number of bedrooms with adjacent bathrooms
in relationship to the number of parking spaces
provided in the garage. Staff believes the parking
that is provided in relationship to the number of
bedrooms is adequate for this project.
(h) The architectural design of the proposed development
is compatible with the character of the surrounding
neighborhood and will maintain the harmonious, orderly
and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City
Design Guidelines, the City's General Plan, or any
applicable specific plan.
A proposed prominent architectural feature for the
residence includes the style and arrangement of the
windows, the varied planes utilized on each elevation
and the six Corinthian type columns that flank the
front entry. The prominent architectural features,
except for the columns, extend to all -sides of the
proposed residential structure.
The proposed materials offer a variety of textures. As
a result, the proposed project will provide a
desirable environment with good aesthetic use of
materials, textures and colors that will- remain
aesthetically appealing while offering variety.
Therefore, the architectural design of the proposed
development is compatible with the character of the
surrounding neighborhood and will maintain a
harmonious, orderly, and attractive development
contemplated by Chapter 22.48.20, development review
standards, City Design Guidelines, and the City's
General Plan. Additionally, as proposed, the project
will be compatible with Tract Map No. 51169 approved
development standards.
(i), -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 and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings and the
colors/materials board, the proposed project will
provide a desirable environment for its occupants and
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visiting public as well as its neighbors through good
aesthetic use of materials, texture and color that
will remain aesthetically appealing while offering
variety in color and texture and a low level of
maintenance.
(j) The proposed development will not be detrimental to
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; and
Before the issuance of any City permits, the proposed
project is required to comply with all conditions
within the approved resolution and the Building and
Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies
through the permit and inspection process will ensure
that the proposed project is not detrimental to the
public health, safety or welfare or materially
injurious to the properties or improvements in the
vicinity.
(k) 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
provisions of the California Environmental Quality Act
(CEAQ) and guidelines promulgated thereunder according
to Section 15303(a).
5. Based on the findings and conclusions set forth above, the
Planning Commission hereby approves the Application subject
to the following conditions:
(a) The project shall substantially conform to site plan,
grading plan, floor plan, elevations, sections,
landscape and irrigation plans, and colors/materials
board collectively labeled as Exhibit "A" dated
July 25, 2000, as submitted and approved by the
Planning Commission, and as amended herein.
(b) 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 granted
herein. The removal of all trash, debris, and refuse,
T 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,
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transportation, and disposal of solid waste from
residential, commercial, construction, and industrial
areas within the City. It shall be the applicant's 111fiIl
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obligation to insure that the waste contractor i!'
utilized has obtained permits from the City of Diamond
Bar to provide such services.
(c) Prior to the issuance of any City permits, the
applicant shall submit a final landscape/ irrigation
plan. Said plans shall include plant materials and
hydroseeding that shall be located on Lot 1. Said
plans shall delineate the location of plant material
that cannot be located on Lot 1, but can be located
elsewhere within the mitigation area of Tract
Map No. 51169. The plant material shall include
one five -gallon size walnut tree for every
walnut tree that is relocated. Additionally, the
landscape/irrigation plan shall include plant material
to screen the tennis court from the street. This
plant material shall be compatible with native plant
material and planted in a manner that the growth level
of the plants are different so that taller trees or
plant material will be adjacent to the tennis court
fencing and lower plant material in between to obscure
the tennis court's view. Furthermore, planting
materials related to the mitigation monitoring shall
be planted adjacent to the tennis court retaining,
walls within the mitigation monitoring slope to assist
in concealing the retaining walls. The retaining
walls for the tennis court shall be earth tone. All
landscaping and irrigation shall be installed prior to
final inspection or the issuance of a Certificate of
Occupancy.
(d) Prior to construction, the applicant shall install
temporary construction fencing pursuant to the
Building and Safety Division's requirements along the
project perimeter.
(e) Prior to final inspection or the issuance of a
Certificate of Occupancy, 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 one has
purchased
the property, then the receipt shall be
submitted
before approval of future improvements
(i.e., hardscape, landscaping, pool/spa,
retaining
walls, etc.)
(f) The single family residence shall not be
utilized
in a manner that creates adverse
effects
(i.e., significant levels of dust, glare/light, noise,
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a "1 r�li „I','ii �� Iry II'Ih ,„'i 'e'rr• „rr rn � .l uV�.
odor, traffic, or other disturbances) upon the
neighborhood and environmental setting. Additionally,
the single family residence shall not result in
significantly adverse effects on public services or
resources. No portion of the residence shall be
rented, used for commercial/institutional purposes, or
otherwise utilized as a separate dwelling. The
property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking
problems in the neighborhood.
(g) The property line fencing which includes a wall and
wrought iron fencing on top shall be reduced to a six
foot height. The six foot height shall include the
proposed wall and fencing. Structures, fencing,
walls, etc., within the front yard setback shall not
exceed a height of 42°.
(h) The tennis court lighting shall comply with Code
Section 22.16.050(E).
(i) Prior to final inspection, the applicant shall comply
with the Mitigation Monitoring Program for Tract
No. 51169 to the satisfaction of City staff.
(j) Prior to the issuance of any City permits, the
applicant shall submit a grading plan delineating the
following:
(1) Cut and fill quantities and earth work
calculation;
(2) All finish surfaces, finished grade elevations and
flow lines;
(3) Top of wall, top of footing, finished surface for
retaining walls, retaining wall details, and
calculations;
(4) All easements, proposed and existing grades,
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proper drainage with details;
(5) Grading plan shall be signed/stamped by a civil
engineer, geotechnical engineer, and geologist,
as required.
(k). Prior to the issuance of any City permits, the
applicant shall submit a soils report for the City's
review and approval that incorporates the scope of the
proposed development and appropriate recommendations
for the project's construction as well as the
suitability of the retaining wall to withstand
-' pressures of the retaining soil.
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(1) Prior to the issuance of any City permits, the
applicant shall submit an erosion control plan for the
City's review and approval. The erosion control plan
shall conform to National Pollutant Discharge
Elimination System (NPDES) standards and incorporate
the appropriate Best Management Practices (BMP's).
Additionally, the applicant shall obtain the necessary
NPDES'permits.
{m) The applicant shall be responsible for sewer
connection and shall ensure connection with Los
Angeles County Department of Public Works and the
Sanitation -District.
(n) The proposed residence shall comply with the State
Energy Conservation Standards.
(o) Surface water shall drain away from the proposed
residence at a two -percent minimum slope.
(p) The proposed single-family residence is located within
"Fire Zone 4" and'shall meet all requirements of said
zone.
(1) All roof covering shall be "Fire Retardant." Tile
roof shall be fire stopped at the eaves to
preclude entry of the flame or members under the
fire.
(2) All unenclosed 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 or
more than 1/2 inch in dimension except where such
openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum
1/2 inch screen.
(q) Construction plans shall be engineered to meet wind
loads of 80 M.P.H. with a "C" exposure.
(r) Plans shall conform to State and Local Building Code
1997 Uniform Building Code, Uniform Plumbing
Code, Uniform Mechanical Code,- and the 1996 National
Electrical Code) requirements.
(s) Prior to the issuance of any construction permits, the
applicant shall submit construction plans to the
Los Angeles County Fire Department for review and
approval.
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(t) This grant is valid for two years and shall be
exercised (i.e., construction started) within that
period or this grant shall expire. . A one-year
extension of time 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 of 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, school fees and fees for the review
of submitted reports.
(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: Jerry Yeh, Horizon
--Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA,
90503.
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APPROVED AND ADOPTED THIS 25TH OF July 2000, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY :O" -''L c
Steve Nelson, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
by the Planning -Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 25th day of July 2000,
by the following vote:
AYES: Vice Chair/Zirbes, Commissioners, Ruzicka, Kuo,
Tye, Chair/Nelson
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeS efano, Secretary
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PLANNING COMMISSION
RESOLUTION NO. 2000-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-05, A
REQUEST TO CONSTRUCT A THREESTORY SINGLE FAMILY
RESIDENCE WITH A SIX CAR GARAGE, BALCONIES AND COVERED
PATIO FOR A TOTAL OF APPROXIMATELY 14,742 SQUARE FEET. THE
REQUEST ALSO INCLUDES TENNIS COURT WITH RECREATIONAL
LIGHTING, SWIMMING POOL/SPA, AND RETAINING WALLS WITH A
MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS
LOCATED AT 2688 BLAZE TRAIL (LOT 1, TRACT 51169), DIAMOND
BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Jerry Yeh, has filed an application for Development Review No.
2000-05 for a property located at 2688 Blaze Trail, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review shall be referred
to as the "Application."
2. On June 30, 2000, the public hearing notice was posted in three public places within the City of
Diamond Bar. On July 7, 2000, public hearing notices were mailed to approximately 24
property owners of record within a 500 -foot radius of the project. On July 13, 2000, the
project site was posted with a display board. On July 14, 2000, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers,
3. on July 25, 2000, 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in this Resolution is
categorically exempt from the requirements of the California 'Env i r onamen t a 1 Quality
Act (CEQA) and guidelines set forth thereafter 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 f 4ndings 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 aft adverse effect on wild life resources or the habitat upon
which the wildlife depends. Based upon substantial evidence, this Planning Commission
hereby rebuts the -presumption of adverse effects contained in Section 753.5 (d) of Title 14
of the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds
as follows:
(a) The project relates to a 13 -lot subdivision approved
by the City Council in November 1994. The project site is an existing vacant lot
within a gated community identified as the "The Country Estates." The project site is
irregular shaped and is approximately 67,959,gross square feet with a pad area of
approximately 26,572 square feet. According to Tract Map No. 51169, the project
site contains easements for slope and drainage maintenance purposes in the front
portion of the project site adjacent to Blaze Trail and in the southeast (side/rear) of
the project site. Also within the front portion of the project site adjacent to Blaze Trail
are easements for access, sanitary sewer, public utility, and public services.
Additionally, the slope and drainage maintenance easements contain planting
materials as listed within the approved Mitigation Monitoring Landscape Plan.
(b) The project- site has- a General Plan land use designation of Rural Residential (RR)
Maximum I Dwelling Unit I DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square
Feet (R-120,000) Zone.
(d) Generally, the following zones surround the project
site: to the north and west is the R-1-20,000 Zone; to the south and east is the R-1-
20, 000 and Heavy Agriculture (A-2-2) Zone;
(e) The Application request is to construct a three-story (two -stories and a basement) single-
family residence with a six car garage, balconies and covered patio for a total of
approximately 14,742 square feet. The request also includes a tennis court with
recreational lighting, swimming pool/spa and retaining walls with an exposed height
of six feet.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is consistent with the applicable
elements of the City's General Plan, City Design Guidelines, and development
standards of the applicable district, design guidelines, and architectural criteria for
special areas (e.g., theme areas, specific plans, community plans, boulevards or
planned developments).
The proposed project complies with the elements of the adopted General Plan,
dated July 25, 1995, and the land use designation of Rural Residential. The
proposed project complies with the City's General Plan objectives and strategies
relating to maintaining the integrity of a r esidential neighborhood. The proposed
design and layout is compatible with the eclectic architectural style, design, and
materials/colors of existing homes within Tract No. 51169 as well as the "The
Country Estates." Additionally, the applicant has obtained "The Country Estates"
architectural committee approval to ensure compatibility.
(g) 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 includes a single family residence, -which is similar in design and layout to surrounding
single.. family -residences. It is not expected to unreasonably interfere with the use and the enjoyment of neighboring
existing or future development and will not create traffic or pedestrian hazards.
Blaze Trail adequately serves the project, which is a private street designed to
handle minimum traffic created by this type of development. Furthermore, the
Environmental Impact Report (EIR) for Tract Map No. 51169 addressed the issue of
this development's
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effect on traffic and circulation. The EIR was certified, thereby, determining that the
Tract would not create traffic or pedestrian hazards.
Staff has reviewed the floor plan and specifically noted the number of bedrooms with
adjacent bathrooms in relationship to the number of parking spaces provided in the
garage. Staff believes the parking. that is provided in relationship to the number of
bedrooms is adequate for this project.
(h) The architectural design of the proposed development is compatible with the character
of the surrounding neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20. Development Review
Standards, City Design Guidelines, the City's General Plan, or any applicable
specific plan.
A proposed prominent architectural feature for the residence includes the style and
arrangement of the windows, the varied planes utilized on each elevation and the six
Corinthian type columns that flank the front entry. The prominent architectural
features, except for the columns, extend to all -sides of the proposed residential
structure.
The proposed materials offer a variety of textures. As a result, the proposed project
will provide a desirable environment with good aesthetic use of materials, textures
and colors that will- remain aesthetically appealing while offering variety. Therefore,
the architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain a harmonious, orderly,
and attractive development contemplated by Chapter 22.48.20, development review
standards, City Design Guidelines, and the City's General Plan. Additionally, as
proposed, the project will be compatible with Tract Map No. 51169 approved
development standards.
(i), -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 and will retain a
reasonably adequate level of maintenance.
As referenced in the above findings and the colors /materials board, the proposed
project 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 while offering variety in
color and texture and a low level of maintenance.
Q) The proposed development will not be detrimental to 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; and
Before the issuance of any City permits, the proposed project is required to comply
with all conditions within the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements. The referenced
agencies through the permit and inspection process will ensure that the proposed
project is not detrimental to the public health, safety or welfare or materially injurious
to the properties or improvements in the vicinity.
(k) 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 provisions of the California Environmental Quality Act
(CEAQ) and guidelines promulgated thereunder according to Section 15303(a).
5. Based on the findings and conclusions set forth above, the Planning Commission hereby
approves the Application subject to the following conditions:
(a) The project shall substantially conform to site plan, grading plan, floor plan, elevations,
sections, landscape and irrigation plans, and colors/materials board collectively
labeled as Exhibit "A" dated July 25, 2000, as submitted and approved by the .-
Planning Commission, and as amended herein.
(b) 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 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 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 utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/
irrigation plan. Said plans shall include plant materials and hydroseeding that shall
be located on Lot 1. Said plans shall delineate the location of plant material that
cannot be located on Lot 1, but can be located elsewhere within the mitigation area
of Tract Map No. 51169. The plant material shall include one five -gallon size walnut
tree for every walnut tree that is relocated. Additionally, the landscape/irrigation plan
shall include plant material to screen the tennis court from the street. This plant
material shall be compatible with native plant material -and planted in a manner that
the growth level of the plants are different so that taller trees or plant material will be
adjacent to the tennis court fencing and lower plant material in between -to obscure
the tennis court's view. Furthermore, planting materials related to the mitigation
monitoring shall be planted adjacent to the tennis court retaining walls within the
mitigation monitoring slope to assist in concealing the retaining walls. The retaining
walls for the tennis court shall be earth tone. All landscaping and irrigation shall be
installed prior to final inspection or the issuance of a Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction fencing pursuant
to the Building and Safety Division's requirements along the project perimeter.
(e) Prior to final inspection or the issuance of a Certificate of Occupancy, 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
one has purchased the property,- then the receipt shall be submitted before
approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining
walls, etc.)
(f) The single family residence shall not be utilized in a manner that creates adverse effects
(i.e., significant levels of dust, glare/light, noise,
odor, traffic, or other disturbances) upon the neighborhood and environmental
setting. Additionally, the single family residence shall not result in significantly
adverse effects on public services or resources. No portion of the residence shall be
rented, used for commercial/institutional purposes, or otherwise utilized as a
separate dwelling. The property shall not be used for regular gatherings that result in
a nuisance or create traffic and parking problems in the neighborhood.
(g) The property line fencing which includes a wall and wrought iron fencing on top shall be
reduced to a six foot height. The six foot height shall include the proposed wall and
fencing. Structures, fencing, walls, etc., within the f 'ront yard setback shall not
exceed a height of 42".
(h) The tennis court lighting shall comply with Code Section 22.16.050(E).
W Prior to final inspection, the applicant shall comply with the Mitigation Monitoring Program
for Tract No. 51169 to the satisfaction ofCity staff.
Q) Prior to the issuance of any City permits, the applicant shall submit a grading plan
delineating the following:
(1) Cut and fill quantities and earth work calculation;
(2) All finish surfaces, finished grade elevations and flow lines;
(3) Top of wail, top of footing, finished surface for retaining walls, retaining wall
details, and calculations;
(4) All easements, proposed and existing grades, proper drainage with details;
(5) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer,
and geologist, as required.
W --Prior to the issuance of any City permits, the applicant shall submit a soils report for the
City's review and approval that incorporates the scope of the proposed development
and appropriate recommendations for the project's construction as 'well as the
suitability of the retaining wall to withstand pressures of the retaining soil.
Prior to the issuance of any City permits, the applicant shall submit an erosion
control plan for the City's review and approval. The erosion control plan shall
conform to National Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES'permits.
The applicant shall be responsible for sewer connection and shall ensure
connection with Los Angeles County Department of Public Works and the Sanitatibn-
District.
(n) The proposed residence shall comply with the State Energy Conservation Standards.
(o) Surface water shall drain away from the proposed residence at a two -percent minimum
slope.
(p) The proposed single-family residence is located within "Fire Zone 4ff and'shall meet all
requirements of said zone.
(1) All roof covering shall be "Fire Retardant.ff Tile roof shall be fire stopped at the
eaves to preclude entry of the flame or members under the fire.
(2) All unenclosed 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 corrosionresistant wire mesh not less than 1/4 inch or more than 1/2 inch
in dimension except where such openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch screen.
(q) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C"
exposure.
(r) Plans shall conform to State and Local Building Code _-(i.e., 1997 Uniform Building
Code, Uniform Plumbing
Code, Uniform Mechanical Code,- and the 1996 National Electrical Code) requirements.
(s) Prior to the issuance of any construction permits, the applicant shall submit construction
plans to the Los Angeles County Fire Department for review and approval.
(t) This grant is valid for two years and shall be exercised (i.e., construction started)
within that period or this grant shall expire. ' A one-year extension of time
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 of 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,
school fees and fees for the review of submitted reports.
(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: Jerry
Yeh, Horizon
--Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA, 90503.
APPROVED AND ADOPTED THIS 25TH OF July 2000, BY THE PLANNING
BY: O&StevA'Ison, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted by the Planning -Commission of the City of Diamond Bar, at a regular meeting
of the Planning Commission held on the 25th day of July 2000, by the following vote:
AYES: Vice Chair/Zirbes, Commissioners, Ruzicka, Kuo, Tye, Chair/Nelson
NOES:
ABSENT:
ABSTAIN: )J—es—DeSefano,
James DeS efano, Secretary
ATTEST:
10
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