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HomeMy WebLinkAboutPC 2001-19PLANNING COMMISSION RESOLUTION NO. 2001-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF -DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-06, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE- FAMILY RESIDENCE OF APPROXIMATELY 12,513 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, COVERED PATIO, FOUR -CAR GARAGE, AND RETAINING WALL WITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 2819 WATER COURSE DRIVE (LOT 46, TRACT 47850), DIAMOND BAR, CALIFORNIA. A. Recitals. 1. The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2001-06, for a property located at 2819 Water Course Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On May 29, 2001, 36 property owners within a 500 -foot radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. On June 1, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 3. On June 12, 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. 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 consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 (CEQA) _ and guidelines promulgated thereunder, pursuant to Section 15162(a) of - _..,_ -- --.-_...__ -- -.m Article 11 of the California Code of Regulations. No further environment review is necessary. I M 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based -upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project's situs address is 2819 Vista Court, Diamond Bar, California. It is the vacant Lot 46 of Tract 47850, and part of a 50 -lot subdivision, with graded buildable pads adjacent to "The Country Estates", that was approved June 6, 1995 by the City Council. The near rectangular shaped lot is a flat pad. There is a sewer easement and 30 feet utility easement at the front of the lot. The lot is approximately .57 gross acres. The property contains' protected/preserved Oak trees, located outside of the buildable pad. The applicant anticipates and staff has verified that no activity (grading ano/or construction) will take place within five (5) feet of the outer drip lime of these trees; therefore, no protective fencing needs to be installed. (b) The project site is zoned Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (c) Generally, the following zones surround the subject site: to the north and east is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000). (d) The application is a request to construct a two-story, single-family residence of approximately 12,513 gross square feet including, balconies, porch, covered patio, four -car garage and retaining wall _with a maximum exposed height of six feet. s 2 DEVELOPMENT REVIEW (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 specialized area (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 6, 1995. However, Vesting Tentative Tract Map No. 47850 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 land use designation of Rural Residential (Maximum 1 DU/AC) identified in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Tract Map No. 47850's Master 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. The project site is an undeveloped lot within an approved tract designed for single-family homes. Watercourse Drive and access roads in the vicinity, Steeplechase Lane and Crystal Ridge Road, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a 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. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will ;! 1;, maintain and enhance the harmonious, orderly and attractive °''+"' , „:h development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Mediterranean. The project's architectural features include portico entry with precast concrete columns; balconies with precast concrete balustrade at the front and wrought iron at the rear of the house; stone exterior; and stucco details of cornice and window treatments for styling. These features add texture and contrast as does the varying tile rooflines. The proposed materials/colors board was compared with previously approved boards in the vicinity. The combinations of white with dark and light gray tie into the overall streetscape of neutral colors. The selected materials, and colors allow variation in the overall palette and textures and are consistent with many homes, in Tract 47850 and compatible with .the eclectic architectural) style of other homes in neighboring Tract 47851 and "The Country Estates" Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. F1 (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in Item (g), the colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, 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. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, structural plan check, inspections and soils reports and ' Fire Department approvals are required for construction. These will ensure that the finished project will not be detrimental to the public 4 health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. j Additionally, the terrain of Watercourse Drive is hilly. The subject site � - Y I is generally at a lower elevation than its northerly neighbors and is at higher elevation than the southerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the Califomia Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated June 12, 2001, as submitted and approved by the Planning Commission, and as amended herein. (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) i Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's .yra requirements along the project site's perimeter. The fence shall 5 ... .. .. .. � . �� .[.Y•.. ..d ei �4 CA�Y :.Li�M:��io'....N.''� � ;Y.Y.Ir. remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) The Public Works Division shall review retaining walls. Also, a grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Public Works Division. On a grading plan the following shall be delineated: (1) Cut and fill quantities and earthwork calculations; (2) All flow lines, finished surfaces, and finished grades; (3) Proper drainage with detailed sketches; (4) Proposed and existing grades; (5) Sign/stamped by a civil engineer, geotechnical engineer and geologist; (6) Clearly delineate all easements; (7) Erosion Control plans shall be submitted and measures be in place for grading started after September 15, through April 15; (8) All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer); (9) Streets are to remain free of debris and cleaned daily as necessary; (1 G) A grading bond may be required; (11) All grading is subject to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the Best Management Practices (BMP's). Additionally, the applicant shall obtain any necessary NPDES permits. (12) Retaining walls shall not be constructed of wood or wood products; (13) Retaining walls shall be required to be ornamental by using - stucco or decorative block; (14) Engineered calculations shall be submitted with retaining walls; (15) Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and 0 _�`� �'�: ii•'�'-1,,� �.• .. .,'r*`,r ^:R• .: ef. �;�, "Y •�� �,i.:::r[,'�'.,r4:.G;�..,:: t�.. .,, r_ie:.__..w... i -_ - _.-__ .... __.... _. ..-, ..,_....... -_ -,. .,.Mese:,�_�..-�:am•,a.a�iz+:.�ra,...:_= ii .� ii i h�Wk,k��_ .L __ (e) Retaining walls exposed height shall not exceed six feet. (e) A fine grade certification shall be required before building final. (f) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall ,drain away from the building at a 2% minimum slope. (g) Driveway slope shall be shown on plans. BUILDING AND SAFETY (h) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (i) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. - The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs _ shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than i/ inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum Y2 inch screen. (k) This single-family structure shall meet the State Energy Conservation Standards. (1) A height survey may be required at completion of framing by the Building and Safety Division. (m) All bedrooms shall have at least one window that meets egress -- ; requirements. 7 „I -:%n. :k•,.M^„ - a%� 'i.dR •rip.•^9 w �..• ..•..: ... PLANNING (n) Balcony shall be designed for 40 lbs. Live load. Handrails/guardrails shall be designed for 200 lbs. Load applied latterly at top of rail.iigipr;p (o) Smoke detectors shall be provided in all sleeping rooms.'LL (p) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of. the 1997 Uniform Building Code. (q) 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. (r) Before Certificate of Occupancy issuance, 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 buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e., hardscapes, pool/spa, retaining walls, additional landscaping.) (s) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior �' 1 .4 to the issuance of building permits. a (t) Sixty days prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 47850 and delineate the type of planting materials color, size, quantity and location. Landscape and irrigation shall be installed within six (6) months of the project's final inspection or Certificate of Occupancy's issuance. (u) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (v) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (w) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, + traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for E� .,... .. - _ rr_=- h..� ..---_� commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (x) 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. (y) 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. (z) 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 Diamond Bar West, LLC, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 12th DAY OF JUNE 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Bob'±ir-Ges; C _ _ir . haman D 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 ;+u Commission held on the 12th day of June, 2001, by the following vote: AYES: Kuo, Nelson, WC Ruzicka NOES: ABSENT: Tye ABSTAIN: Chair/Zirbes ATTEST: `l J esDeStefa io, Secretary i 10 1 PLANNING COMMISSION RESOLUTION NO. 2001-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF -DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-06, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLEFAMILY RESIDENCE OF APPROXIMATELY 12,513 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, COVERED PATIO, FOUR -CAR GARAGE, AND RETAINING WALL WITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED"AT 2819WATER COURSE DRIVE (LOT46, TRACT 47850), DIAMOND BAR, CALIFORNIA. A. Recitals. 1 The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2001-06, for a property located at 2819 Water Course Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as 2. On May 29, 2001, 36 property owners within a 500 -foot radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. On June 1, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 3. On June 12, 2001, the Planning Commission of the City of Diamond Bar B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning 1 The Planning Commission hereby specifically finds that all of the facts set forth 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 Article 11 of the California Code of Regulations. No further 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 4. Based -upon the findings and conclusions set forth herein, this Planning (a) The project's situs address is 2819 Vista Court, Diamond Bar, California. It— is the vacant Lot 46 of Tract 47850, and part of a 50 -lot subdivision, with graded buildable pads adjacent to "The Country Estates", that was approved June 6, 1995 by the City Council. The near rectangular shaped lot is a flat pad. There is a sewer easement and 30 feet utility easement at the front of the lot. The lot is approximately .57 gross acres. The property contains protected/p reserved Oak trees, located outside of the buildable pad. The applicant anticipates and staff has verified that no activity (grading and/or construction) (b) The project site is zoned Single Family Residential -Minimum Lotr Size 20,000 Square Feet (R-1-20,000) Its General Plan Land (c) Generally, the following zones surround the subject site: to the north and east is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is (d) The application is a request to construct a two-story, single- family residence of approximately 12,513 gross square feet including, balconies, porch, covered patio, four -car garage and retaining wall with a maximum exposed height of six feet. DEVELOPMENT REVIEW (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 specialized area (e.g., theme areas, specific plans, community plans, 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 6, 1995. However, Vesting Tentative Tract Map No. 47850 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 land use designation of Rural Residential (Maximum 1 DUTAC) identified in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighbodng existing or future Tract Map No. 47850's Master 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. The project site is an undeveloped lot within Watercourse Drive and access roads in the vicinity, Steeplechase Lane and Crystal Ridge Road, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design The proposed project's architectural style is Mediterranean. The project's architectural features include portico entry with precast concrete columns; balconies with precast concrete balustrade at the front and wrought iron at the rear of the house; stone exterior, The proposed materialslcolors board was compared with previously approved boards in the vicinity. The combinations of white with dark and light gray tie into the overall streetscape of neutral colors. The selected materials and colors allow variation in the overall palette and textures and are consistent with many homes in Tract 47850 and compatible with the eclectic architectural style of other homes in neighboring Tract 47851 andThe Country Estates" Therefore, the proposed project is consistent with and will maintain and enhance the (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, As referenced in Item (g), the colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants and (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties City permits, structural plan check, inspections and soils reports and Fire Department approvals are required for 4 health, safety, or welfare, or materiall injurious to the Additionally, the terrain of Watercourse Drive is hilly. The subject site is generally at a lower elevation than its northerly neighbors and is at higher elevation than the southerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Th a re to re, th a proposed residence The proposed project has been reviewed in compliance with the The environmental evaluation shows that the proposed project is consi.stent with the previously certified Master Environmental- Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the Calffibmia Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California code of Regulation. No further Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following (a) The project shall substantially conform to site plan, floor plans, elevations, and mate rials/col ors board collectively labeled as Exhibit "A" dated June 12, 2001, as submitted and approved by the (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 (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. The fence shall 1910 111111110 remain at the buildable pad to ensure no construction debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building provided during (d) The Public Works Division shall review retaining walls. Also, a grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Public Works (1) Cut and fill quantities and earthwork calculations; (2) All flow lines, finished surfaces, and finished grades; (3) Proper drainage with detailed sketches; (4) Proposed and existing grades; (5) Sign/stamped by a civil engineer, geotechnical engineer and geologist; (6) Clearly delineate all easements; (7) Erosion Control plans shall be submitted and measures be in place for grading started after September 15, through April 15; (8) All trucks hauling dirt, sand, soil or other loose materials are to be covered and should maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and the top of the trailer); (9) Streets are to remain free of debris and cleaned daily as necessary; (1 G) A grading bond may be required; (11) All grading is subject to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the Best Management Practices (BMP's). Additionally, the applicant shall obtain any necessary NPDES permits. (12) Retaining walls shall not be constructed of wood or wood products; (13) Retaining walls shall be required to be ornamental by usingstucco or decorative block; (14) Engineered calculations shall be submitted with retaining walls; (15) Indicate retaining wall locations on grading (e) Retaining walls exposed height shall not (e) A fine grade certification shall be required before building (f) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall,drain away from the (g) Driveway slope shall be shown on NI1911aEMU a191 (h) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California (i) The minimum design wind pressure shall be 80 miles per hour (j) The single-family structure is located in "Fire Zone 4" and shall (1) All roof covering shall be "Fire Retardant, Class A"; tile flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion- resistant wire,mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (k) This single-family structure shall meet the State Energy (1) A height survey may be required at completion of framing by the (m) All bedrooms shall have at least one window that meets egress 7 (n) Balcony shall be designed for 40 lbs. Live load. Hand (o) Smoke detectors shall be provided in all sleeping (p) Building setback from any slope (top or toe) shall meet the (q) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire PLANNIN (r) Before Certificate of Occupancy issuance, 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 buyer has purchased the property, then receipt is to be forwarded before approval of future (s) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the (t) Sixty days prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 47850 and delineate the type of planting materials color, size, quantity and location. Landscape and irrigation shall be (u) Applicant shall submit a detailed driveway design including (v) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the (w) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in 0 1 Aw R wilo commercial/institutional purposes, or otherwise used as a- separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (x) 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 (y) 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 (z) If the Department of Fish and Game determines that Fish and 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 The Planning Commission (a) Certify to the adoption of this Resolution; (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Diamond Bar West, LLC, and applicant, Richard APPROVED AND ADOPTED THIS THE 12th DAY OF JUNE 2001, BY By: Bob-ifU&ian 1, James DeStefano, Planning Commission Secretary, do hereby certify that the Commission held on the 12th day of June, 2001, by the following vote: AYES: Kuo, Nelson, WC Ruzicka NOES: ABSENT: Tye ABSTAIN: Chair/Zirbes ,ATTEST: —estDeStel J es DeStefaio, Secretary 0