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HomeMy WebLinkAboutPC 2001-07r PLANNING COMMISSION RESOLUTION NO. 2001-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-23 AND MINOR VARIANCE 2001-01, AND CATEGORICAL EXEMPTION, AN APPLICATION REQUEST TO CONSTRUCT A THREE STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 13,105 SQUARE FEET WITH GARAGE AREAS THAT WILL ACCOMMODATE FOUR CARS AND REAR DECK. THE REQUEST IS ALSO FOR A REDUCED FRONT YARD SETBACK. THE PROJECT SITE IS LOCATED AT 1621 DERRINGER LANE (LOT 10 OF TRACT NO. 24046). A. Recitals 1. The property owner, Elie Abinader has filed- an application for Development Review No. 2000-23 and Minor Variance No. 2001-01 as described above in the title of this resolution. Hereinafter in this Resolution, the subject Development Review and Minor Variance shall be referred to as the "Application". 2. On January 31, 2001, notification of the public hearing for this project had been published in the San. Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January 30, 2001, notices were mailed to 56 property owners within a 500 -foot radius of the project site. On February 2, 2001, a notice of public hearing on a display board measuring at least 4 foot by 6 foot was posted at the project site and displayed for at least 10 days before the hearing. Notices were also posted at three public places within the project's vicinity. 3. On February 13, 2001, 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 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of cii2 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—t�.e California Environmental 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 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 the 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 wild. life depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse F effects contained in Section 753.5 (d) of Title 14 of;, the California Code of Regulations. e+!" 4. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: a) The site is approximately 1.21 gross acres. The lot does not contain a flat buildable pad _and ._the lot slopes down toward the rear. The project site does not contain any easements or restricted use areas. b) The project site is zoned Single Family Residential - Minimum Lot Size 40,000 -Square Feet (R-1-40,000). It has a General Plan Land Use designation of Rural Residential (RR). c) Generally, the following zones surround the subject site: to the north, south, and east is the R-1-40,000 Zone and to the west is the R-1-8,000 Zone. d) The proposed project is a_request to construct a three story single family residence of approximately 13,105 square feet with garage areas that will accommodate r 2 four cars and rear decks. The Minor Variance is required for a reduced front yard setback. L DEVELOPMENT REVIEW FINDINGS: e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, planned developments); Tract Map No. 24046 was approved by Los Angeles County on August 20, 1969 prior to the City of Diamond Bar's incorporation and sited for residential development. 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 (RR-1- du/acre) since the project site is 1.21 acres. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential r-- - neighborhoods. The surrounding homes average between 5,000 and 10,000 square feet. This proposed project includes approximately 7,885 square feet of living area (13,105 square feet of combined area). Thus, it meets the purpose and intent of the City's Design Guidelines. Furthermore, the proposed design and layout is compatible with the eclectic architectural style and design, materials and colors of existing homes within the surrounding area. It was approved by "The Country Estates" Architectural Committee. 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 includes a single family residence, which is similar in design and layout to the surrounding single family residences. As mentioned in Item (e), the proposed single family residence is appropriate in size and scale to. the site on which its placed. It is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The project site is adequately 3 served by Derringer Lane. This private street is designed to handle minimum traffic created by this type of development. 9'}. g) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by section 22.48.040 of the Development Code, the General Plan, or any applicable specific plan; The proposed project's architectural design appears to be compatible with the eclectic architectural style of other homes within "The Country Estates". As noted in Item (f), the proposed single family residence is appropriate in size and scale to the site, which it's placed. More significantly, the recesses of stories help break up the massive appearance. The rear elevation design terraces down the hillside and as a result, maintains more characteristics of the hillside. Additionally, the colors and materials utilized appear to be compatible with the surrounding homes in the area. 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, and will remain aesthetically appealing; As referenced in Item (g), 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 a low level of maintenance. The proposed project's architectural style is contemporary and modern. It is compatible with the eclectic architectural style of other homes within "The Country Estates". Additionally, the applicant has received approval by "The Country Estates" architectural committee. i) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative effect on property values or 4 resale(s) of property) to the properties or improvements in the vicinity; and City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA) Section 15303(a). MINOR VARIANCE FINDINGS: k) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created, hardship- or unreasonable regulation which make it obviously impractical to require compliance with the development standards; The lot does not contain a flat buildable pad. The development of a single family dwelling unit incorporates a hillside design that terraces down the hillside. With a Minor Variance approval, the applicant will be able to lessen the impact on the hillside. Due to the topographic constraints of the lot, the applicant is denied the same privileges enjoyed by other property owners in the vicinity. A substantial number of homes located in the same vicinity have a 20, setback. The applicant is one of the last single family residences to be developed in this tract. Without a Minor Variance approval, the applicant is denied the same enjoyment and privileges, which other neighboring single family residences in the same zoning district possess with similar topographic features. 5 1) Granting the Minor Variance is necessary for the 1!'��! preservation and enjoyment of substantial property .Ir,'a� rights possessed by other property owners in the'same vicinity and zoning district and denied to the property owner'for which the Minor Variance is sought,- Prior ought; Prior to December 3, 1999, the City of Diamond Bar followed development standards adopted by the County of Los Angeles. These development standards allowed a 20' front yard setback. The applicant is one of the last single family residences to be developed in this tract. Therefore, granting the Minor Variance is necessary for the preservation and enjoyment of substantial rights possessed by other property owners. m) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; The development is consistent with the General Plans land use designation of Rural Residential (RR). The single family residence is designed to terrace down the hillside and as a result, maintains more characteristics of the hillside as prescribed in the i City's Design Guidelines. Nevertheless, the appearance of the single family residence as seen from the rear elevation is less massive. n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA) Section 15303 (a) . �""`" a r,. 6 4. 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, cross sections, preliminary landscape plan and materials/colors board collectively labeled as Exhibit "A" dated February 13, 2001 as submitted to and approved by the Planning Commission, and amended herein. b) The subject 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 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. The applicant shall also provide proper sanitation facilities while under construction. d) The applicant shall submit a grading plan prepared by a Civil Engineer, licensed by the State of California, which delineates the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; and 4) Proposed and existing grades; 7 e) The grading plan shall indicate top of wall, finished surface, top of footing for all retaining walls. il4l ",il f) Prior to the issuance of City permits, a soils report prepared by a Geotechnical Engineer, licensed by the State of California, shall be required. The soils report shall reference the suitability of -ate retaining wall to withstand pressures of the retained soils; g) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. h) The single family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code and the 199 National Electric Code requirements. i) The minimum design wind pressures shall be 80 miles per hour & "C" exposure. j) This single family home is located in "Fire Zone 4" and shall meet all requirements of the fire zone: 1) All roof covering shall be "Fire Retardant". 071 Tile roofs 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 wall. 3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion - resistant wire mesh not less than 1/ inch nor more than % inch in any dimension except where such openings are equipped with sash or door. 4 ) Chimneys shall have spark arrestors of maximum 1/2 inch screen. k) This residence shall meet the State Energy Conservation Standards. 1) Surface water shall drain away from building at a 2% minimum slope. 8 m) The applicant shall obtain a separate permit for all proposed retaining walls. n) Applicant shall obtain Fire department approval, which is required due to the project location. o) All structures located within the front yard setback area shall not exceed 42" in height. p) A final landscape/ irrigation plan shall be submitted to the City for review and approval prior to Planning Division's final inspection. The landscape plan shall be designed to lessen the visual impact of the retaining walls. The applicant shall work with City staff regarding the appropriate size, number, type, and species (i.e. trees, shrubs, groundcover) q) The applicant shall provide all necessary cross sections and additional elevations, which clearly indicate the proposed single family structure does not exceed 35' in height on their structural plans- to be submitted to the Building and Safety Division. r) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions' and Fire Department requirements. s) 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 requested in writing and submitted. to the City 30 days prior to this grant's expiration date. t) If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount 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 pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then 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. 9 The Planning Commission shall: Certify to the adoption of this Resolution; and Ert!1 a) b) Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Elie Abinader, 1418 East 33rd Street, Signal Hill, CA 90807. APPROVED AND ADOPTED THIS THE 13th DAY OF FEBRUARY 2 C C 1 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob Zirbes, Vice Chairman---- I, hairman-- 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 13th day of February, 2001, by the following vote: AYES: Ruzicka, Tye, Kuo, VC/Zirbes, 0103805 ABSENT: Chair/Nelson ABSTAIN: ATTEST: James DeStefano, Secretary 10 A. Recitals PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW -NO. 2000-23 AND MINOR VARIANCE 2001-01, AND CATEGORICAL EXEMPTION, AN APPLICATION REQUEST TO CONSTRUCT A THREE STORY SINGLE FAMILY RESIDENCE OF APPROXIMATELY 13,105 SQUARE FEET WITH GARAGE AREAS THAT WILL ACCOMMODATE FOUR CARS AND REAR DECK. THE REQUEST IS ALSO FOR A REDUCED FRONT YARD SETBACK. THE PROJECT SITE IS LOCATED AT 1621 DERRINGER LANE (LOT 10 OF TRACT NO. 24046). 1. The property owner, Elie Abinader has filed- an application for Development Review No. 2000- 23 and Minor Variance No. 2001-01 as described above in the title of this resolution. Hereinafter in this Resolution, the subject Development Review and Minor Variance shall be referred to as the "Application". 2. On January 31, 2001, notification of the public hearing for this project had been published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On January 30, 2001, notices were mailed to 56 property owners within a 500 -foot radius of the project site. On February 2, 2001, a notice of public hearing on a display board measuring -at least 4 foot by 6 foot was posted at the project site and displayed for at least 10 days before the hearing. Notices were also posted at three public places within the project's vicinity. 3. On February 13, 2001, 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: I .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 o f--t-Ite California Environmental 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 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 the 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 wild -life 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, the Planning Commission hereby finds as follows: a) The site is approximately 1.21 gross acres. The lot does not contain a flat buildable pad -and .-the lot slopes down toward the rear. The project site does not contain any easements or restricted use areas. b) The project site is zoned Single Family ResidentialMinimum Lot Size 40, 000 - Square Feet (R-1-40, 000) . it has a General Plan Land Use designation of Rural Residential (RR). c) Generally, the following zones surround the subject site: to the north, south, and east is the R-1-40, 000 Zone and to the west is the R-1-8,000 Zone. d) The proposed project is arequest to construct a three story single family residence of approximately 13,105 square feet with garage areas that will accommodate four cars and rear decks. The Minor Variance is required for a reduced front yard setback. DEVELOPMENT REVIEW FINDINGS: e) The desi gn and layout of the proposed development are consistent with the General Plan, development standards of the applicable di- strict, design guidelines, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, planned developments); Tract Map No. 24046 was approved by Los Angeles County on August 20, 1969 prior to the City of Diamond Bar's incorporation and sited for residential development. 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 (RR -1 du/acre) since the project site is 1.21 acres. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods. The surrounding homes average between 5,000 and 10,000 square feet. This proposed project includes approximately 7,885 square feet of living area (13,105 square feet of combined area). Thus, it meets the purpose and intent of the City's Design Guidelines. Furthermore, the proposed design and layout is compatible with the eclectic architectural style and design, materials and colors of -existing homes within the surrounding --area. It was approved by "The Country Estates" Architectural Committee. 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 includes a single family residence, which is similar in design and layout to the surrounding single family residences. As mentioned in Item (e), the proposed single family residence is appropriate in size and scale to. the site on which its placed. It is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The project site is adequately served by Derringer Lane. 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 character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by section 22.48.040 of the Development Code, the General Plan, or any applicable specific plan; The proposed project's architectural design appears to be compatible with the eclectic architectural style of other homes within "The Country Estates". As noted in Item (f), the proposed single family residence is appropriate in size and scale to the site, which it's placed. More significantly, the recesses of stories help break up the massive appearance. The rear elevation design terraces down the hillside and as a result, maintains more characteristics of the hillside. Additionally, the colors and mat-erials utilized appear to be compatible with the surrounding homes in the area. 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, and will remain aesthetically appealing; As referenced in Item (g), 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 a low level of maintenance. The proposed project's architectural style is contemporary and modern. it is compatible with the eclectic architectural style of other homes within "The Country Estatesff. Additionally, the applicant has received approval by "The Country Estates" architectural committee. i) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative effect on property values or resale(s) of property) to the properties improvements in the vicinity; and or City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA) Section 15303(a). MINOR VILRIANCE FINDINGS: k) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non-selfcreated, hardship- or unreasonable regulation which make it obviously impractical to require compliance with the development standards; The lot does not contain a flat buildable pad. The development of a single family dwelling unit incorporates a hillside design that terraces down the hillside. With a Minor Variance approval, the applicant will be able to lessen the impact on the hillside. Due to the topographic constraints of the lot, the applicant is denied the same privileges enjoyed by other property owners in the vicinity. A substantial number of homes located in the same vicinity have a 20' setback. The applicant is one of the last single family residences to be developed in this tract. Without a Minor Variance approval, the applicant is denied the same enjoyment and privileges, which other neighboring single family residences in the same zoning district possess with similar topographic features. 1) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the -same vicinity and zoning district and denied to the property owner'for which the Minor Variance is sought; Prior to December 3, 1999, the City of Diamond Bar followed development standards adopted by the County of Los Angeles. These development standards allowed a 20' front yard setback. The applicant is one of the last single family residences to be developed in this tract. Therefore, granting the Minor Variance is necessary for the preservation and enjoyment of substantial rights -possessed by other property owners. m) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; The development is consistent with the General Plans land use designation of Rural Residential (RR) . The single family residence is designed to terrac-e down the hillside and as a result, maintains more characteristics of the hillside as prescribed in the City's Design Guidelines. Nevertheless, the appearance of the single family residence as seen from the rear elevation is less massive. n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and qity permits, inspections, and soils reports are required for construction to ensure that the finished -product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA) Section 15303(a). 4. 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, cross sections, preliminary landscape plan and materials/colors board collectively labeled as Exhibit "A" dated February 13, 2001 as submitted to and approved by the Planning Commission, and amended herein. b) The subject site shall be maintained in a condition, which is free of debris both 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. The applicant shall also provide proper sanitation facilities while under construction. d) The applicant shall submit a grading plan prepared by a Civil Engineer, licensed by the State of California, which delineates the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; and 4) Proposed and existing grades; e) The grading plan shall indicate top of wall, finished surface, top of footing for all f) Prior to the issuance of City permits, a soils report prepared by a Geotechnical Engineer, licensed by the State of California, shall be required. The soils report shall reference the suitability of th retaining wall to withstand pressures of the retained soils; g) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. h) The single family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code and the 199 National Electric Code requirements. i) The minimum design wind pressures shall be 80 miles per hour & "C exposure. j) This single family home is located in "Fire Zone 4" and shall meet all requirements 1) All roof covering shall be Tile roofs shall be fire "Fire Retardant'. at the stopped preclude entry of the flame or fire. eaves to members under the areas 2) All unenclosed under f loor constructed as shall be exterior wall. 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 nor more than IA inch in any dimension except where such openings are equipped with sash or door. 4) Chimneys shall have spark arrestors of maximum V-2 inch screen. k) This residence shall meet the State Energy Conservation Standards. 1) Surface water shall drain away from building at a 2% minimum slope. m) The applicant shall obtain a separate permit for all proposed retaining walls. n) Applicant shall obtain Fire department approval, which is required due to the project location. o) All structures located within the front yard setback area shall not exceed 42" in p) A final landscape/ irrigation plan shall be submitted to the City for review and approval prior to Planning Division's final inspection. The landscape plan shall be designed to lessen the visual impact of the retaining walls. The applicant shall work with City staff regarding the appropriate size, number, type, and species (i.e. trees, shrubs, groundcover) q) The applicant shall provide all necessary cross sections and additional elevations, which clearly indicate the proposed single family structure does not exceed 35, in height on their structural plans- to be submitted to the Building and Safety Division. r) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions, and Fire Department requirements. s) 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 requested in writing and submitted- to the City 30 days prior to this grant's expiration date. If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount 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 pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then 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 the property owner, Elie Abinader, 1418 East 33 rd Street, Signal Hill, CA 90807. APPROVED AND ADOPTED THIS THE 13th DAY OF FEBRUARY 2001 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 13th day of February, 2001, by the following vote: AYES: Ruzicka, Tye, Kuo, VC/Zirbes, NOES: ABSENT: Chair/Nelson ABSTAIN: ATTEST: Secretary F James DeStefano,