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HomeMy WebLinkAboutPC 2001-31A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-11 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED TWO CAR GARAGE, DETACHED FOUR CAR GARAGE WITH TWO SPACES IN TANDEM AND BALCONIES/PATIOS TOTALING TO APPROXIMATELY 12,000 SQUARE FEET. ADDITIONALLY, THIS REQUEST INCLUDES A SIDE YARD RETAINING WALLS NOT TO EXCEED A SIX FOOT EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 2698 BLAZE TRAIL (LOT 2, TRACT NO. 51169), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner Paul and Lucy Shen and applicant, Jerry Yeh of Horizon Pacific, have filed an application for Development Review No. 2001-11 and Categorical Exemption for a property located at 2698 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On September 12, 2001, public hearing notices were mailed to approximately 11 property owners of record within a 500 -foot radius of the project. On September 14, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 13, 2001, the public hearing notice was posted in three public places within the City of Diamond Bar. On September 14, 2001, the project site was posted with the required public notice display board. 3. On September 25, 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as PLANNING COMMISSION RESOLUTION NO. 2001-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-11 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED TWO CAR GARAGE, DETACHED FOUR CAR GARAGE WITH TWO SPACES IN TANDEM AND BALCONIES/PATIOS TOTALING TO APPROXIMATELY 12,000 SQUARE FEET. ADDITIONALLY, THIS REQUEST INCLUDES A SIDE YARD RETAINING WALLS NOT TO EXCEED A SIX FOOT EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 2698 BLAZE TRAIL (LOT 2, TRACT NO. 51169), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner Paul and Lucy Shen and applicant, Jerry Yeh of Horizon Pacific, have filed an application for Development Review No. 2001-11 and Categorical Exemption for a property located at 2698 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On September 12, 2001, public hearing notices were mailed to approximately 11 property owners of record within a 500 -foot radius of the project. On September 14, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 13, 2001, the public hearing notice was posted in three public places within the City of Diamond Bar. On September 14, 2001, the project site was posted with the required public notice display board. 3. On September 25, 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended and guidelines promulgated thereunder, pursuant to Section 15303(a) of Article 11 of the California Code of Regulations. Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 13 -lot subdivision approved by the City Council in November 1994. The project site is a vacant lot within a gated community identified as "The Country Estates." The project site, an existing vacant corner lot (Blaze Trail/Horizon Lane) located at 2698 Blaze Trail (Lot 2, Tract No. 51169) within a gated, community identified as "The Country Estates." The project site is irregular shaped. It is approximately 45,303 gross square feet with a buildable pad area of approximately 22,216 square feet. According to Tract Map No. 51169, the project site contains an easement for slope and drainage maintenance purposes in the front, side and rear portions of the project site. The slope drainage easement is currently maintained with minimal native vegetation. Also, within the front portion of the site adjacent to Blaze Trail and side portion adjacent to Horizon Lane are easements for access, sanitary sewer, public utility and public services. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum One Dwelling Units per Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zones surround the project site: to the north and west is the R-1-20,000 Zone; and to the south and east is the R-1-20,000 and Heavy Agricultural (A-2-2) Zones. (e) The Application request is to construct a two-story single-family residence with an attached two car garage and balconies/patios totaling to approximately 12,000 square feet. The request also includes a detached four car garage containing two spaces in tandem and retaining walls within each side yard having a maximum exposed six foot height. E DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project complies with the elements of the adopted General Plan, dated July 25, 1995, and the land use designation of Rural Residential. The proposed project complies with the City's General Plan objectives and strategies relating to maintaining the integrity of residential neighborhood. The proposed design and layout is compatible with the eclectic architectural style, design, and materials/colors of existing homes within Tract No. 51169, as well as the "The Country Estates." Additionally, the applicant has obtained "The Country Estates" architecture committee approval to ensure compatibility. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site will include a single-family residence, which is similar in design and layout surrounding single-family residence. It is not expected to a reasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Blaze Trail and Horizon Lane adequately serve the project site and Tract No. 51169, which contains private streets designed to handle minimum traffic created by this type of development. Furthermore, the Environmental Impact Report (EIR) for Tract Map No. 51169 addressed the issue of this project and Tract's development affect on traffic and circulation. The EIR was certified, thereby, determining that the tract would not create traffic or pedestrian hazards. Staff has reviewed the floor plan specifically noted the number of bedrooms with adjacent bathrooms in relationship to the number of parking spaces provided in the garages. Staff believes the party that is provided in relationship to the number of bedrooms is adequate for the purposed project. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. Proposed prominent architectural features/focal points of the residence includes the styling arrangement of the Windows, the fairy planes utilized 3 on each elevation and the Corinthian type columns that flank the front entry and support the balconies. Prominent architectural features extend to all sides of the proposed residential structure. The proposed materials/colors board was compared to boards previously approved for homes on Blaze Trail/Horizon Lane. The comparison indicates that each lot's color scheme is somewhat similar due to the fact that earth tones are being utilized. However, considering the variation in earth tones colors, differences in roof materials/stone accent and variations in architectural styles between the proposed residence and existing residences located on Blaze Trail/Horizon Lane, the project will provide a desirable environment will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with Tract Map No. 51169s development standards. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4 The environmental evaluation shows that the proposed project is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "A" dated September 25, 2001, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan. Said plans shall include plant materials and hydroseeding that shall be located on Lot 2 according to the approved Mitigation Monitoring Landscape Plan. Said plans shall delineate the location of plant material that cannot be located on Lot 2, and can be located elsewhere within the mitigation area of Tract Map No. 51169. All proposed landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be submitted before approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining walls, etc.) (f) The single family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the 5 residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (g) Side yard retaining wall shall not exceed an exposed height of six feet. In the retaining walls located within the 25 foot front yard setbacks shall not exceed an exposed height of 42 inches. (h) Prior to the issuance of any City permits, the applicant shall submit a retaining wall detail delineating top of wall, top of footing and finish surfaces and retaining wall calculations for the City's review and approval, (i) Grading plan review and approval shall be required if cut/fill quantities are greater than 50 cubic yards of earthwork. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation and flow lines; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; and (5) All easements. Q) Fine grade certification shall be required before final inspection or issuance Certificate of Occupancy. (k) If applicable prior to the issuance of any City permits, the applicant shall submit a soils report for the City's review and approval that incorporates the scope of the proposed development and appropriate recommendations for the project's construction. (1) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (m) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (n) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. 0 (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (q) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (r) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements. (s) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C exposure. (t) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (u) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (v) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 7 (w) 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: Paul and Lucy Shen, c/o Jerry Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA, 91765 and Jerry Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA, 91765. APPROVED AND ADOPTED THIS 25TH OF SEPTEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY. Bob Zirbes, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day September 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson, Tye NOES: None ABSENT: None ABSTAIN: None �r ATTEST: 'James DeSte no, Secretary n PLANNING COMMISSION RESOLUTION NO. 2001-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-11 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH AN ATTACHED TWO CAR GARAGE, DETACHED FOUR CAR GARAGE WITH TWO SPACES IN TANDEM AND BALCONIES/PATIOS TOTALING TO APPROXIMATELY 12,000 SQUARE FEET. ADDITIONALLY, THIS REQUEST INCLUDES A SIDE YARD RETAINING WALLS NOT TO EXCEED A SIX FOOT EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 2698 BLAZE TRAIL (LOT 2, TRACT NO. 51169), DIAMOND BAR, A. RECITALS. 1. The property owner Paul and Lucy Shen and applicant, Jerry Yeh of Horizon Pacific, have filed an application for Development Review No. 2001-11 and Categorical Exemption for a property located at 2698 Blaze Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On September 12, 2001, public hearing notices were mailed to approximately 11 property owners of record within a 500 -foot radius of the project. On September 14, 2001, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 13, 2001, the public hearing notice was posted in three public places within the City of Diamond Bar. On September 14, 2001, the project site was posted with the required public notice display board. 3. On September 25, 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 as amended and guidelines promulgated thereunder, pursuant to Section 15303(a) of Articl, 11 of the California Code of Regulations. Furthermore, the Categorical Exemptioi reflects the independent judgement of the City of Diamond Bar. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 13 -lot subdivision approved by the City Council in November 1994. The project site is a vacant lot within a gated community identified as "The Country Estates." The project site, an existing vacant corner lot (Blaze Trail/Horizon Lane) located at 2698 Blaze Trail (Lot 2, Tract No. 51169) within a gated, community identified as "The Country Estates." The project site is irregular shaped. It is approximately 45,303 gross square feet with a buildable pad area of approximately 22,216 square feet. According to Tract Map No. 51169, the project site contains an easement for slope and drainage maintenance purposes in the front, side and rear portions of the project site. The slope drainage easement is currently maintained with minimal native vegetation. Also, within the front portion of the site adjacent to Blaze Trail and side portion adjacent to Horizon Lane are easements for access, sanitary sewer, public utility and public services. (b) The project site has a General Plan land use designation of Rural Residential (RR) Maximum One Dwelling Units per Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) Generally, the following zones surround the project site: to the north and west is the R-1-20,000 Zone; and to the south and east is the R-1-20,000 and Heavy Agricultural (A-2-2) Zones. (e) The Application request is to construct a two-story single-family residence with an attached two car garage and balconies/patios totaling to approximately 12,000 square feet. The request also includes a detached four car garage containing two spaces in tandem and retaining walls within each side yard having a maximum exposed six foot height. 2 )EVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project complies with the elements of the adopted General Plan, dated July 25, 1995, and the land use designation of Rural Residential. The proposed project complies with the City's General Plan objectives and strategies relating to maintaining the integrity of residential neighborhood. The proposed design and layout is compatible with the eclectic architectural style, design, and materials/colors of existing homes within Tract No. 51169, as well as the "The Country Estates. " Additionally, the applicant has obtained "The Country Estates" architecture committee approval to ensure compatibility. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site will include a single-family residence, which is similar in design and layout surrounding single-family residence. It is not expected to a reasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Blaze Trail and Horizon Lane adequately serve the project site and Tract No. 51169, which contains private streets designed to handle minimum traffic created by this type of development. Furthermore, the Environmental Impact Report (EIR) for Tract Map No. 51169 addressed the issue of this project and Tract's development affect on traffic and circulation. The EIR was certified, thereby, determining that the tract would not create traffic or pedestrian hazards. Staff has reviewed the floor plan specifically noted the number of bedrooms with adjacent bathrooms in relationship to the number of parking spaces provided in the garages. Staff believes the party that is provided in relationship to the number of bedrooms is adequate for the purposed project. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. Proposed prominent architectural features/focal points of the residence includes the styling arrangement of the Windows, the fairy planes utilized 3 on each elevation and the Corinthian type columns that flank the front entry and support the balconies. Prominent architectural features extend to all sides of the proposed residential structure. The proposed materials/colors board was compared to boards previously approved for homes on Blaze Trail/Horizon Lane. The comparison indicates that each lot's color scheme is somewhat similar due to the fact that earth tones are being utilized. However, considering the variation in earth tones colors, differences in roof materials/stone accent and variations in architectural styles between the proposed residence and existing residences located on Blaze Trail/Horizon Lane, the project will provide a desirable environment will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with Tract Map No. 51169s development standards. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings and the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The environmental evaluation shows that the proposed project is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, according to Section 15303(a). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "A" dated September 25, 2001, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan. Said plans shall include plant materials and hydroseeding that shall be located on Lot 2 according to the approved Mitigation Monitoring Landscape Plan. Said plans shall delineate the location of plant material that cannot be located on Lot 2, and can be located elsewhere within the mitigation area of Tract Map No. 51169. All proposed landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be submitted before approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining walls, etc.) (f) The single family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the 5 residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (g) Side yard retaining wall shall not exceed an exposed height of six feet. In the retaining walls located within the 25 foot front yard setbacks shall not exceed an exposed height of 42 inches. (h) Prior to the issuance of any City permits, the applicant shall submit a retaining wall detail delineating top of wall, top of footing and finish surfaces and retaining wall calculations for the City's review and approval. (i) Grading plan review and approval shall be required if cut/fill quantities are greater than 50 cubic yards of earthwork. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation and flow lines; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; and (5) All easements. Q) Fine grade certification shall be required before final inspection or issuance Certificate of Occupancy. (k) If applicable prior to the issuance of any City permits, the applicant shall submit a soils report for the City's review and approval that incorporates the scope of the proposed development and appropriate recommendations for the project's construction. (I) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's review and approval. (m) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (n) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. (s (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed residence at a twopercent minimum slope. (q) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (r) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements. (t) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (u) This grant is valid for two years and shall be exercised (i.e:, construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (v) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (w) 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: Paul and Lucy Shen, c/o Jerry Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA, 91765 and Jerry Yeh, Horizon Pacific, 2707 Diamond Bar Boulevard, Diamond Bar, CA, 91765. APPROVED AND ADOPTED THIS 25TH OF SEPTEMBER 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. B-"' Bob Zirbes, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day September 2001, by the following vote: AYES: Zirbes, Ruzicka, Kuo, Nelson, Tye NOES: None ABSENT: None ABSTAIN: None G ATTEST: V./ 'Acmes DeSte-ano, Secretary 9