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HomeMy WebLinkAboutPC 2001-10PLANNING COMMISSION RESOLUTION NO. 2001-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-01, MINOR CONDITIONAL USE PERMIT NO. 2001-01, AND CATEGORICAL EXEMPTION, A REQUEST TO PERMIT A 416 SQUARE FOOT PATIO COVER. THE PROJECT SITE IS 1860 ANO NUEVO DRIVE (LOT 165 OF TRACT MAP NO. 27979), DIAMOND BAR CA. A. Recitals 1. The property owner/applicant, Vasan Srinivasan, has filed an application to approve Variance No. 2001-01, Minor Conditional Use Permit No. 2001-01, and Categorical Exemption for a property located at 1860 Ano Nuevo Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance, Minor Conditional Use Permit., and Categorical Exemption shall be referred to as the "Application." 2. On February 12, 2001, 86 property owners within a 500 -foot radius of the project site were notified by mail. On February 16, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, on February 16, 2001, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of'the application. 3. On February 27, 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e)(1), Article 19, Chapter 3, Title 14, of the California Code of Regulations. 1 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth pN below, and changes and alterations which have been incorporated into and P,!!il:j conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 1860 Ano Nuevo Drive (Lot 165 of Tract No. 27979), Diamond Bar, CA. The parcel is .19 gross acres (8,230 square feet). The lot is a terraced, irregularly shaped buildable pad in a hillside tract. (b) The General Plan Land Use designation is Low Density Residential (RL). The project site is zoned Single -Family Residence, R-1-10,000. . (c) Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-10,000 Zone. (d) The application is a request to permit a 416 square foot patio cover. A Variance is required due, to the patio cover's 11.5 feet encroachment into the rear setback and site coverage of 35 percent. A Minor Conditional Usel Permit is required for expansion to the legal nonconforming structure. NONCONFORMING STRUCTURES (e) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. The proposed project is a covered patio of 416 square feet at rear of the existing structure. The patio is existing, but no building permit was obtained. The owner is desirous of obtaining a building permit and making this a legal structure. Many homes in the area have attached patio covers within the rear yards. (f) The addition, enlargement, extension, reconstruction, relocation or ; s structural alteration of the nonconforming structure would not result < in the structure becoming inconsistent with the General Plan and any applicable specific plan. The project site, currently developed with a two-story, legal nonconforming, single-family residence, was established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1995, has a land use designation of Low Density Residential (RL) for the project site. The project of permitting a patio in the rear setback that exceeds the site coverage criteria requires approval of a Variance. Though the patio encroaches into the rear setback, it is not intrusive to the downhill neighbor at the rear of the property. The proposed project complies with the City's General Plan objectives and strategies related to single-family residents, City Design Guidelines, and with the approval of a Variance and Minor Conditional Use Permit it is consistent with the City's Development Code. There is no applicable specific plan. (g) The addition, enlargement, extension, reconstruction, relocation or, structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing parcel was created by Tract Map No. 27979 approval. Lot 165 is 8,230 square feet and one of the smaller lots in the R-1-10,000 Zone. The existing structure was completed with building permit and the applicant has received approvals for a 140 square foot sunroom and 65 square foot family room extension from the Planning Division. The proposed patio is existing, but no building permit was issued. The main structure is a legal nonconforming structure. This is defined as any parcel or structure that was legally created or constructed prior to the November 3, 1998, adoption of the current Diamond Bar Development Code, and which does not conform to current code provisions/standards prescribed for the zoning district in which the use is located. In this case, it is the rear setback requirement of 20 feet for this irregularly shaped lot. The rear setback to the main structure is 17 feet and to the patio varies from 8.5 to 10.5 feet from the property line. The proposed project conforms to the applicable provisions of this Development Code with the approval of a Variance and Minor Conditional Use Permit. (h) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result .:, in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. 3 As stated in Findings (e) through Q), the addition, enlargement, extension, reconstruction, re -location or structural alteration of the nonconforming structure would not result in the structure becoming fryi�gl4 detrimental to the health, safety, and general welfare of persons residing in the neighborhood. (i) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Findings (e) through (j), the addition, enlargement, extension, reconstruction, re -location or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. MINOR CONDITIONAL USE PERMIT (j) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. t I„ The proposed use of single-family residence with patio cover is allowed in the R-1-10,000 Zone. The application is to add a patio cover that encroaches into the rear setback 11.5 feet and site coverage of 35 percent. The existing main structure is considered legal nonconforming because the rear setback does not meet today's Development Code of 20'feet..The Main structure is at 17 feet and the proposed patio varies from 8.5 to 10.5 feet. The proposed application complies with all other applicable provisions of the Development Code. The subject site is irregularly shaped and the main structure's placement indicates the setback reduction is not adjacent to a residence and abuts the downhill slope. The house and driveway are placed such that there is no exit to the side yards. The rear patio is the recreation area and the patio cover allows the applicant to enjoy the yard. It is anticipated that the setback reduction impact will be insignificant even with the increase in site coverage to 35 percent. Many properties on Ano Nuevo Drive are 10,000 square feet or more. The,, subject site at 8,230 square feet is one of the smaller lots. Patio e cit . The fence at the to of the slope will covers are common in thy. y P remain as a condition of approval to obscure the patio cover from the downhill neighbors. The patio cover is white and is consistent with the color palette of the main structure. (k) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Finding (f), the proposed use is consistent with the General Plan and there is no applicable specific plan. (1) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Finding 4(g), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (m) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. -}- As stated in Findings (e) through (j), the addition of a patio cover is suitable for the type and density/intensity of that use, access, utilities, �..._ compatibility with adjoining land uses and the absence of physical constraints. (n) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materiallyinjurious to person, property or improvements in the vicinity and zoning districts in which the property is located. As stated in Finding Q), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. (o) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(1). E7 VARIANCE (p) There are special circumstances applicable to (e.g., location, shape, size, surroundings, topograp ,;.. -W Dtr conditions), so that the strict appfication of this Deveicpref;r denies the property owner privileges enjoyed by oti "P ; i; ;Y,J'v owners in the vicinity and under identical zoning districts unnecessary and non -self created, hardship or regulation which make it obviously impractical to requ ,'-;— with the development standards. The Variance request is to allow a reduction in the reay : patio cover and for site coverage of 35 percent. Pursuant to the Development Code, a residential struE 10,000 Zone is required to maintain a 20 -foot rear s: ` The proposed patio is an existing patio that was not applicant requests Variance approval to permit the However, the proposed patio cover is placed at varyirs;r,;.- 8.5-10.5 feet rear setback. The subject site is the main structure's placement indicates the setback adjacent to a residence and abuts the downhill slope. r - that the setback reduction impact will be insignificant increase in site coverage to 35 percent. Many prop Nuevo Drive are 10,000 square feet or more. The suW. is one of the smaller lots. Patio covers are common in fence at the top of the slope will remain as a condition(-.,"' obscure the patio cover from the downhill.n'eighbors. Th: are special circumstances applicable to the property s€., application of the Development Code- denies the pl,- -:--t,,,,,, privileges enjoyed by other property owners in the vicif,. identical zoning that creates an unnecessary and non.-,,, ` hardship or unreasonable regulation which make impractical to require compliance with the developmey (q) Granting the Variance is necessary for the prey. :. enjoyment of substantial property rights possessed by owners in the same vicinity and zoning district and "r property owner for which the Variance is sought. As stated in Finding (p), granting the Variance is necef .. preservation and enjoyment of substantial property by other property owners in the same vicinity and zonix denied to the property owner for which the Variance D (r) Granting the Variance is consistent with the General Plan and any applicable specific plan. �= .w As stated above in Findings (e) and (k), granting the Variance is consistent with the General Plan and any there is no applicable specific plan. (s) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience,- or welfare of the City. As stated above in Findings (f), (g), (h), (i), (k), (1) and (m), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare ofhe City. (t) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(1). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions (a) The project shall substantially conform to site plan, plans, and elevations collectively labeled as Exhibit "A" dated February 27, 2001, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 7 (d) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. I9'i'h (e) The fence shall remain at the top of the slope to obscure the patio cover from the downhill neighbors. (f) The patio cover shall match the color palette of the main structure. (g) The Applicant shall comply with Planning and Zoning; Building and -- Safety; and, Public Works and Fire Department requirements. (h) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. - (i) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City -of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions, of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (j) 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 Vasan Srinivasan, 1860 Ano Nuevo Drive, Diamond Bar, 91765. Ey `1�1;�' R., aLtl f �",�' <u":.::^hi 7!. Yi„'i"� ",w •., •.-�uu:.t_-r.L. �-_.._�u6ilu- I•..,:. IMm�I�..Il�hwtl�.JJairdVtMr- - APPROVED AND ADOPTED THIS 27TH DAY OF FEBRUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of February 2001, by the following vote: AYES: V/C Zirbes, Ruzicka, Kuo, Tye, Chair Nelson NOES: ABSENT: ABSTAIN: ATTEST: �� J es DeStefano, Secretary I L] PLANNING COMMISSION RESOLUTION NO. 2001 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-01, MINOR CONDITIONAL USE PERMIT NO. 2001-01, AND CATEGORICAL EXEMPTION, A REQUEST TO PERMIT A 416 SQUARE FOOT PATIO COVER. THE PROJECT SITE IS 1860 ANO NUEVO DRIVE (LOT 165 OF A. Recitals 1. The property owner/applicant, Vasan Srinivasan, has filed an application to approve Variance No. 2001 -01, Minor Conditional Use Permit No. 2001 - 01, and Categorical Exemption for a property located at 1860 Ano Nuevo Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance, Minor Conditional Use Permit., and Categorical Exemption shall be On February 12, 2001, 86 property owners within a 500 -foot radius of the project site were notified by mail. On February 16, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, on February 16, 2001, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of the application. 3. On February 27, 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 1 . The Planning Commission hereby specifically finds that all of the facts set 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 (e)(1), Article 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 4. Based upon the findings and conclusions set forth herein, this (a) The project relates to a parcel at 1860 Ano Nuevo Drive (Lot 165 of Tract No. 27979), Diamond Bar, CA. The parcel 'is .19 gross acres (8,230 square feet). The lot is a terraced, irregularly shaped buildable pad in a hillside tract. (b) The General Plan Land Use designation is Low Density (c) Generally, the following zones surround the subject site: to the north, south, east and west is the R-1-10,000 Zone. (d) The application is a request to permit a 416 square foot patio cover. A Variance is required due, to the patio cover's 11.5 feet encroachment into the rear setback and site coverage of 35 percent. A Minor Conditional Use Permit is required NONCONFORMING (e) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming The proposed project is a covered patio of 416 square feet at, rear of the existing structure. The patio is existing, but no building permit was obtained. The owner is, desirous of obtaining a building permit and making this a legal structure. Many homes in the area have attached patio covers within the rear yards. M The addition, enlargement, extension, reconstruction, relocation or in the structure becoming inconsistent with the General Plan The project site, currently developed with a two-story, legal nonconforming, single-family residence, was established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1995, has a land use designation of Low Density Residential (RL) for the project site. The project of permitting a patio in the rear setback that exceeds the site coverage criteria requires approval of a Variance. Though the patio encroaches into the rear setback, it is not intrusive to the downhill neighbor at the rear of the property. The proposed project complies with the City's General Plan objectives and strategies related to single-family residents, City Design Guidelines, and with the approval of a Variance and Minor (g) The addition, enlargement, extension, reconstruction, relocation or, structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the The existing parcel was created by Tract Map No. 27979 approval. Lot 165 is 8,230 square feet and one of the smaller lots in the R-1 -10,000 Zone. The existing structure was completed with building permit and the applicant has received approvals for a 140 square foot sunroom and 65 square foot The main structure is a legal nonconforming structure. This is defined as any parcel or structure that was legally created or constructed prior to the November 3, 1998, adoption of the current Diamond Bar Development Code, and which does not conform to current code provisions/standards prescribed for the zoning district in which the use is located. In this case, it is the rear setback requirement of 20 feet for this irregularly shaped lot. The rear setback to the main structure is 17 feet and to the patio varies from 8.5 to 10.5 feet from the property (h) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the As stated in Findings (e) through 0), the addition, enlargement, extension, reconstruction, re -location or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons (i) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or As stated in Findings (e) through (j), the addition, enlargement, extension, reconstruction, re -location or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and (j) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed -use of single-family residence with patio cover is allowed in the R-1-10,000 Zone. The application is to add a patio cover that encroaches into the rear setback 11.5 feet and site coverage of 35 percent. The existing main structure is considered legal nonconforming because the rear setback does not meet today's Development Code of 20 feet. The Main structure is at 17 feet and the proposed patio varies from 8.5 to 10.5 feet. The proposed application complies with all other The subject site is irregularly shaped and the main structure's placement indicates the setback reduction is not adjacent to a residence and abuts the downhill slope. The house and driveway are placed such that there is no exit to the side yards. The rear patio is the recreation area and the patio cover It is anticipated that the setback reduction impact will be insignificant even with the increase in site coverage to 35 percent. Many properties on Ano Nuevo Drive are 10,000 square feet or more. The subject site at 8,230 square feet is one of the smaller lots. Patio covers are common in the city. The fence at the top of the slope will remain as a condition of downhill neighbors. The patio cover is white and is consistent with the color palette of the main structure. (k) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Finding (f), the proposed use is consistent with (1) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land As stated in Finding 4(g), the design, location, size and operating characteristics of the proposed use are compatible (m) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, As stated in Findings (e) through (j), the addition of a patio cover is suitable for the type and dens ity/intensity of that use, access, utilities, compatibility with adjoining land uses and the (n) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in As stated in Finding 0), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to (o) The proposed project has been reviewed in compliance with the The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the VARIANCE (p) There are special circumstances applicable to (e.g.,location, shape, size, surroundings, topography,,, conditions), so that the strict appfication of this Develqp-,.,,--_ I --T, C'_, denies the property owner privileges enjoyed by The Variance request is to allow a reduction in the rew patio cover and for site coverage of 35 percent. Pursuant to the Development Code, a residential strut 10,000 Zone is required to maintain a 20 - foot rear s(. --'- The proposed patio is an existing pafto that was not pe,,,—, applicant requests Variance approval to permit the However, the proposed patio cover is placed at 8.5-10.5 feet rear setback. The subject site is irregul&„-.,,-,'1 the main structure's placement indicates the setback adjacent to a -residence and abuts the downhill slope. that the setback reduction impact will be insignificant increase in site coverage to 35 percent.'—Many prop, T e-. The subjic—Nuevo Drive are 10,000 square feet or mor.' is one of the smaller lots. Patio covers are common in fence at the top of the slope will remain as, a condition„-..'.' obscure the patio cover from the downhill, neigh bors. Th—, are special circumstances applicable to the property sr.— application of the Development Code denies the privileges enjoyed by other property oWiners in the vicit identical zoning that creates an unnecessary and non-,-,., hardship or unreasonable regulation which make impractical to require compliance with the developme,' (q) Granting the Variance is necessary for the pre--.— enjoyment of substantial property rights possessed by owners in the same vicinity and zoning district and property owner for which the Variance is sought. As stated in Finding (p), granting the Variance is neCw-- ,preservation and enjoyment of substantial property by other property owners in the same.vicinity and zonii denied to (r) Granting the Variance is consistent with the General Plan and any applicable specific plan. As stated above in Findings (e) and (k), granting the Variance is consistent with the General Plan and any there is no applicable specific plan. (s) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience,- or welfare of As stated above in Findings (f), (g), (h), (i), (k), (1) and (m), the proposed entitlement would not be detrimental to the (t) The proposed entitlement has been reviewed in compliance provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject (a) The project shall substantially conform to site plan, plans, and elevations collectively labeled as Exhibit "A" dated February 27, 2001, as submitted to and approved by the Plaaning Commission. (b) The subject site shall be maintained in ti condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal (c) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (d) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section (e) The fence shall remain at the top of the slope to obscure the patio (f) The patio cover shall match the color palette of the main structure. (g) The Applicant shall comply with Planning and Zoning; Building (h) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of (i) 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) day's of approval of this grant, at the City -of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until 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 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, Or'EX, Mo tROIT"N dl—, APPROVED AND ADOPTED THIS 27TH DAY OF FEBRUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: St ve Nelson, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of February 2001, by the following vote: AYES: V/C Zirbes, Ruzicka, Kuo, Tye, Chair Nelson NOES: ABSENT: ABSTAIN: ATTEST: i es DeStefano, Secretary Stefano, Sec 771