HomeMy WebLinkAboutPC 2000-17PLANNING COMMISSION
RESOLUTION NO. 2000-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 2000-13, A REQUEST TO CONSTRUCT A
TWO-STORY SINGLE FAMILY RESIDENCE WITH A THREE
CAR GARAGE, BALCONIES, DECK AND PATIO COVER
FOR A TOTAL OF APPROXIMATELY 11,729 SQUARE
FEET. ADDITIONALLY; THIS REQUEST INCLUDES A
SIDE YARD RETAINING WALL NOT TO EXCEED A SIX
FOOT EXPOSED HEIGHT. HE PROJECT SITE IS
LOCATED AT 2818 WATER COURSE DRIVE LOT 7,
TRACT NO. 47850), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Diamond Bar West, LLC, has
filed an application for Development Review No. 2000-13 for
a property located at 2818 Water'Course Drive, Diamond Bar,
Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review shall be
referred to -as the "Application."
2. On September 8, 2000, public hearing notices were mailed to
approximately 18 property owners of record within a
500 -foot radius of the project. On September 13, 2000,
notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. Also on September 13,
2000, the public hearing notice was posted in three public
places within the City of Diamond Bar and the project site
was posted with a display board.
3. On September 26, 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'-
P-
Planning Commission of the City of Diamond Bar as follows:
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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 consistent with the
previously certified Environmental Impact Report No. 91-2
for Tract Nos. 47850, 47851 and 48487 according to the
California Environmental Quality Act (CEQA) of 1970 _and
guidelines - promulgated thereunder, pursuant to
Section 15162 (a) of Article 11 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. ' - 0
4. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project -relates to a 50 -lot subdivision approved
by the City Council on June 6, 1995. The project site
is a vacant lot sloping down toward the rear into the
canyon. It is approximately 89,169 square feet with
a pad area of approximately 19,150 square feet and pad
elevation of 1006. The project site contains
easements to as follows: for access/public utility
and service and sanitary sewer within the front
portion of the lot adjacent to the street; for slope
in drainage maintenance purposes within the rear of
the lot; for restricted use area immediately adjacent
to -the buildable pad; for open space purposes within
the rear of the lots. The downward rear slope
contains oak and walnut trees with native vegetation
-which is part of the Tract's mitigation monitoring
-`landscape plan.
(b) The project site has a General Plan land use
- designation of Rural Residential (RR).
2
F1
(c) The project site is within the Single Family
Residence -Minimum Lot Size 20,000 Square Feet
(R-1-20,000) Zone.
(d) Generally, the following zones surround the project
site: to the north is the R-1-20,000 Zone; to the
south is the Agriculture (AG) Zone; to the east is the
R-1-20,000 Zone; and to the west is the Single Family
Residence -Minimum Lot Size 9,000 Square Feet
(R-1-9,000) Zone.
(e) The Application request is to construct a two-story
single-family with a three car garage, balconies, deck
and patio cover for a total of approximately 11,729
square feet. Additionally, this request includes a
side yard retaining wall not to exceed a six foot
exposed height.
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).
Originally, Tract Map No. 47850 was submitted as a
vesting tentative tract map. At that time, the City
was 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, this vesting map was designed at
25 percent below the maximum allowable density and
has an overall average density of 1.49 dwelling units
per acre which complies with the General Plan land
use designation of Rural Residential (Maximum 1
DU/AC). Additionally, the proposed project complies
with the General Plan objectives and strategies and
the City's Design Guidelines related to maintaining
the integrity of residential neighborhoods and open
space. Furthermore, the proposed project is
compatible with the eclectic architectural style,
colors and materials of other homes within Tract
No. 47850 and the adj-acent "Country Estates."
3
(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.
Tract Map No. 47850's 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. Steeplechase Lane
and Water Course Drive and other access roads to the
tract adequately serve the project site as presented
in the Environmental Impact Report. These private
streets are designed to handle minimum traffic
created by this gated residential development.
Therefore, the use of a contemplated 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.
(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 anytill
applicable specific plan. Ll
Proposed prominent architectural features/focal points
of the residence are the front entry with Tuscan/Roman
Doric type columns supporting the gable roof, stone
accent, balconies and dormers. Furthermore,
architectural treatment extends to all sides of the
proposed- residential structure. The proposed
materials/colors board was compared to boards
previously approved for homes on Water Course Drive.
The comparison indicates that each lot's color scheme
is somewhat similar due to the fact that earth tones
are being utilized. However, considering the
variation in earth tones colors, differences in roof
materials/stone accent and variations in architectural
styles between the proposed residence and existing
residences located on Water Course Drive, the project
will provide a desirable environment 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 the ''
harmonious, orderly and attractive development
contemplated by Chapter 22.48.20. Development Review
Standards, City Design Guidelines, the City's General
Plan. Additionally, as approved the proposed project
will be compatible with Vesting Tract Map No. 47850's
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, 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 consistent with the previously certified
Environmental Impact Report No. 91-2 for Tract Map
Nos. 47850, 47851 and 48287 according to the
California Environmental Quality Act (CEQA) and
guidelines promulgated thereunder, pursuant to
5
Section 15162(a) of Article 11 of the California Code
of Regulations.
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 and
colors/materials board collectively labeled as Exhibit
"A" dated September 26 to the, 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 thepropertyowner, 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
j,
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.
�r
(c)
Sixty days prior to final inspection or issuance of a
Certificate of Occupancy, the applicant shall submit
a landscape/irrigation plan for the City's review and
approval. Said plan shall reflect the landscape
guidelines set forth by Tract No. 47850 and delineate
plant species, size, quantity and location.
Landscaping/irrigation shall be installed within six
i
months 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
0
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.....__........._..._....�...,_�.--v:..,�z�. ,r-"5�.. - w,,�ry-„
�- (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) Side yard retaining wall shall not exceed an exposed
height of six feet.
(h)- Prior- to the issuance of any City permits, the
applicant shall submit a retaining wall detail
delineating top of wall, top of footing and finish
surfaces -'and retaining wall calculations for the
iF City's review and approval.
(i) Grading plan review and approval shall be required if
cut/fill quantities are greater than 50 cubic yards of
earthwork. Prior to the issuance of any City permits,
the applicant shall submit a,complete grading plan in
accordance- with the City's grading requirements for
-
the City's review and approval. The grading plan
shall delineate the following:
(1) Existing and proposed topography;
(2) All finish surface and finished grade elevation
and flow lines;
(3) Cut and fill quantities and earth work
calculation;
(4) Grading plan shall be signed/stamped by a civil
engineer, geotechnical engineer, and geologist,
as required; and
(5) All easements.
(j) Fine grade certification shall be required before
final inspection or issuance Certificate of Occupancy.
(k) If applicable 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
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scope of the proposed development and appropriate
recommendations for the project's construction. r
„v
(1) Prior to the issuance of any City permits, the
applicant shall submit a proper drainage plan
indicating details and sections for the City's review
and approval.
(m) Before 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.
(n} The applicant shall be responsible for sewer
connection and shall ensure connection with
Los Angeles County Department of Public Works and the
Sanitation District.
(o) The proposed residence shall comply with the State
Energy Conservation Standards.
(p) Surface water shall drain away from the proposed "'
residence at a two -percent minimum slope.
(q) 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.
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(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) Construction plans shall be engineered to meet wind
loads of 80 M.P.H. with a "C" exposure.
(t) 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.
(u) The residential structure shall maintain a 7.5 foot
setback from the retaining wall proposed on the north
side of the project site.
(v) 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
F 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 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.
(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
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wildlife, the applicant shall also pay to the
Department of Fish and Game any such fee and any finei�!�'"���
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: Diamond Bar West,
LLC, 3480 Torrance Boulevard, Suite #300, Torrance,
CA, 90503.
APPROVED AND ADOPTED THIS 26TH OF SEPTEMBER 2000, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: _
Bob Zirbes, vice -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 26th day September 2000,
by the following vote:
AYES: Zirbes, Kuo, Ruzicka, Tye
NOES:
ABSENT: Nelson
ABSTAIN:
ATTEST:1
aures DeSrefano, Secretary
A
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PLANNING COMMISSION RESOLUTION NO. 2000-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-13,
A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH A THREE CAR GARAGE, BALCONIES, DECK
AND PATIO COVER FOR A TOTAL OF APPROXIMATELY 11,729
SQUARE FEET. ADDITIONALLYF" THIS REQUEST INCLUDES A
SIDE YARD RETAINING WALL NOT TO EXCEED A SIX FOOT
EXPOSED HEIGHT. HE PROJECT SITE IS LOCATED AT 2818
WATER COURSE DRIVE LOT 7, TRACT NO. 47850), DIAMOND BAR,
CALIFORNIA.
A. RECITALS. W
1. The property owner /appl i cant, Diamond Bar West, LLC, has filed an application for
Development Review No. 2000-13 for
a property located at 2818 Water'Course Drive, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review shall be referred
to -as the "Application."
2. On September 8, 2000, public hearing notices were mailed to approximately 18 property owners
of record within a 500 -foot radius of the project. On September 13, 2000, notification of the
public hearing for this project was provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers. Also on September 13, 2000, the public hearing notice was
posted in three public places within the City of Diamond Bar and the project site was posted
with a display board.
3. On September 26, 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:
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
consistent with the previously,certified Environmental Impact Report No. 91-2 for Tract Nos.
47850, 47851 and 48487 according to the California Environm.ental Quality Act (CEQA) of
1970 -and guidelines - promulgated thereunder, pursuant to Section 15162 (a) -of Article 11 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 uponsubstantial 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 50 -lot subdivision approved by the City Council on June 6, 1995.
The project site is a vacant lot sloping down toward the rear into the canyon. It is
approximately 89,169 square feet with a pad area of approximately 19,150 square
feet and pad elevation of 1006. The project site contains easements to as -follows:
for access/public utility and service and sanitary sewer within the front portion of the
lot —Ldjacent'to the street; for slope in drainage maintenance purposes within the
rear of the lot; for restricted use area immediately adjacent to -the buildable pad; for
open space purposes within the rear of the lots. The downward rear slope contains
oak and walnut trees with native vegetation
-which is part of the Tract's mitigation monitoring --landscape plan.
(b) The project site has a General Plan land use designation of Rural Residential MR).
(c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-
1-20,000) Zone.
(d) Generally, the following zones surround the project site: to the north is the R-1-20,000
Zone; to the south is the Agriculture (AG) Zone; to the east is the R-1-20,000 Zone;
and to the west is the Single Family Residence -minimum Lot Size 9,000 Square Feet
(R-1-9,000) Zone.
(e) The Application request is to construct a two-story single-family with a three car garage,
balconies, deck and patio cover for a total of approximately 11,729 square feet.
Additionally, this request includes a side yard retaining wall not to exceed a six foot
exposed height.
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).
Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At
that time, the City was 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, this vesting map was designed at 25 percent below the
maximum allowable density and has an overall average density of 1.49 dwelling units
per acre which complies with the General Plan land use designation of Rural
Residential (Maximum 1 DU/AC). Additionally, the proposed project complies with
the General Plan objectives and strategies and the City's Design Guidelines related
to maintaining the integrity of residential neighborhoods and open space.
Furthermore, the proposed project is compatible with the eclectic architectural style,
colors and materials of other homes within Tract No. 47850 and the adj-acent
"Country Estates."
(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.
Tract Map No. 47850's 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. Steeplechase Lane and Water Course Drive and
other access roads to the tract adequately serve the project site as presented in the
Environmental Impact Report. These private streets are designed to handle
minimum traffic created by this gated residential development. Therefore, the use of
a contemplated 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.
(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.
Proposed prominent architectural features/focal points of the residence are the front
entry with Tuscan/Roman Doric type columns supporting the gable roof, stone
accent, ' balconies and dormers. Furthermore, architectural treatment extends to all
sides of the proposed- residential structure. The proposed materials/colors board
was compared to boards previously approved for homes on Water Course Drive. The
comparison indicates that each lot's color scheme is somewhat similar due to the
fact that earth tones are being utilized. However, considering the variation in earth
tones colors, differences in roof materials/stone accent and variations in architectural
styles between the proposed residence and existing residences located on Water
Course Drive, the project will provide a desirable environment 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 the
harmonious, orderly and attractive development contemplated by Chapter
22.48.20. Development Review Standards, City Design Guidelines, the City's
General Plan. Additionally, as approved the proposed project will be
compatible with Vesting Tract Map No. 47850's development standards.
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, 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 consistent
with the previously certified Environmental Impact Report No. 91-2 for Tract
Map Nos. 47850, 47851 and 48287 according to the California
Environmental Quality Act (CEQA) and guidelines promulgated thereunder,
pursuant to
Section 15162(a) of Article 11 of the California Code of Regulations.
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, f loor plan, elevations,
sections and colors/materials board collectively labeled as Exhibit "A" dated
September 26 to the, 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) Sixty days prior to final inspection or issuance of a Certificate of Occupancy, the
applicant shall submit a landscape/irrigation plan for the City's review and approval.
Said plan shall reflect the landscape guidelines set forth by Tract No. 47850 and
delineate plant species, size, quantity and location. Landscaping/irrigation shall be
installed within six months 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.).
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) Side yard retaining wall shall not exceed an exposed height of six feet.
(h). Prior- to the issuance of any City permits, the applicant shall submit a retaining wall detail
delineating top of wall, top of footing and finish surfaces -'and retaining wall calculations
for the City's review and approval.
(i) Grading plan review and approval shall be required if cut/fill quantities are greater than 50
cubic yards of earthwork. Prior to the issuance of any City permits, the applicant shall
submit a complete grading plan in accordance,with the City's grading requirements
forthe City's review and approval. The grading plan shall delineate the following:
(1) Existing and proposed topography;
(2) All finish surface and finished grade elevation and flow lines;
(3) Cut and fill quantities and earth work calculation;
(4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer,
and geologist, - as required; and
(5) All easements.
Fine grade certification shall be required before final inspection or issuance
Certificate of Occupancy.
(k) If applicable 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.
Prior to the issuance of any City permits, the applicant shall submit a proper
drainage plan indicating details and sections for the City's review and approval.
(m) Before 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.
(n) The applicant shall be responsible for sewer connection and shall ensure connection
with Los Angeles County Department of Public Works and the Sanitation District.
(o) The proposed residence shall comply with the State Energy Conservation Standards.
(p) Surface water shall drain away from the proposed residence at a two -percent minimum
slope.
(q) —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." 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.
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) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C"
exposure.
(t) 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.
(u) The residential structure shall maintain a 7.5 foot setback from the retaining wall
proposed on the north side of the project site.
(v) 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.
(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 f:—fteen (15) days of
approval of this grant, at the City of Diamond Bar Comunity 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.
(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
ptoject 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: Diamond Bar
West, LLC, 3480 Torrance Boulevard, Suite #300, Torrance, CA, 90503.
APPROVED AND ADOPTED THIS 26TH OF SEPTEMBER 2000. BY THE PLANNING
BY: Bob Zirbes, Vice -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 26th day September 2000, by the following vote:
AYES: Zirbes, Kuo, Ruzicka, Tye
NOES:
ABSENT: Nelson
ABSTAIN: 0 ATTEST:
Secretary
ames DeS-;efano,
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