HomeMy WebLinkAboutPC 2002-14PLANNING COMMISSION
' RESOLUTION NO. 2002-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2002-02 AND CATEGORICAL EXEMPTION, A REQUEST TO
CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE
WITH BASEMENT, NINE CAR GARAGE, PORTE-COCHERE,
BALCONIES, PATIOS AND DECK TOTALING TO
APPROXIMATELY 21,170 SQUARE FEET. THE REQUEST ALSO
INCLUDES A SWIMMING POOUSPA, GAZEBO AND RETAINING
WALLS WITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE
PROJECT SITE IS LOCATED AT 22604 RIDGELINE ROAD (LOT
166, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Veneet K. Gupta and applicant, V. C. Dagam, have filed
an application for Development Review No. 2002-02 and categorical
exemption for a property located at 22604 Ridgeline Road, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review and categorical exemption shall be referred to as the
"Application."
2. On May 13, 2002, public hearing notices were mailed to approximately 134
property owners within a 500 -foot radius of the project site. In addition, thq
project site was posted with a display board and the public notice was posted
in three public places. On May 16, 2002, notification of the public hearing for
this project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers.
3. On May 28, 2002, the Planning Commission of the City of Diamond Bar
conducted and concluded 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 project identified above in
this Resolution is categorically exempt pursuant to Section 15301(a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent -.
judgment 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 site located within a gated community
identified as "The Country Estates". It is a rectangular shaped vacant
lot of approximately 1.23 gross acres (1.14 net acres) sloping up
toward the center of project site then sloping downward toward the
rear of the project site. It does not contain a "restricted use area" or
easements.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot
Size 40,000 Square Feet (R-1-40,000) Zone interpreted as Rural
Residential (RR) Zone.
(d) Generally, the following zone surround the project site: To the north,
south, east and west is the R-1-40,000 Zone.
(e) The Application request is to construct a two story single-family
residence with a basement, nine -car garage, porte-cochere,
balconies, patios and deck for a total of approximately 21,170 square
feet. Additionally, the request includes a swimming pool/spa, gazebo
and retaining walls with a maximum exposed height of six feet.
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,
2
design guidelines, and architectural criteria for special areas
(e.g., theme areas, specific plans, community plans, boulevards or
planned developments).
The project site, an existing vacant lot, was created prior to the City's
incorporation. The project site was always considered to be
developed as a single-family residential property.
On July 25, 1995, the City adopted its General Plan. Although the
Tract was established prior to the General Plan's adoption, it complies
with the General Plan land use designation of RR -Maximum 1 DU/AC
since the project site is 1.23 gross acres. Additionally, the proposed
project complies with the General Plan objectives and strategies and
the City's Design Guidelines related to maintaining the integrity of
residential neighborhoods and open space. Furthermore, the
proposed project is compatible with the eclectic architectural style,
colors and material of other homes within "The Country Estates. "
(g) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
The project site was always planned for the development of a single-
family residence. The proposed project is a single-family residence,
which is consistent with single family residences established within
"The Country Estates". As such, the proposed residence is not
expected to interfere with the -use and enjoyment of neighboring
existing or future development. The proposed residence is not
expected to create traffic or pedestrian hazards due to that fact that
the use was planned with the tract's original approval and will remain
a single-family residence. Additionally, Ridgeline Road adequately
serves the project site and was established to handle minimum traffic
created by this type of development. Furthermore, this street and all
other streets within "The Country Estates" are private streets
managed and maintained by the homeowners association within this
gated community.
(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.
The proposed project's architectural style (as referred to in
' application) is Mediterranean. Prominent architectural features
include front entry with the porte-cochere supported by stylized
3
Corinthian columns and front windows flanked by the stylized
columns. Color scheme and construction materials are consistent
and compatible with the eclectic architectural style, materials and
colors of other homes within 'The Country Estates. " Therefore, the
proposed project is consistent with and will maintain and enhance the
harmonious, orderly and attractive development contemplated by
Chapter 22.48.20, the General Plan, and City Design Guidelines.
Additionally, there is not a specific plan for this area.
(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 and 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);
Pursuant to the provisions of the California Environmental Qua/ityAct
(CEQA), Section 15303(a), the City has determined that the project
.identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
El
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, final landscape/irrigation plan, and
colors/materials board collectively labeled as Exhibit "A" dated
May 28, 2002, 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 for the City's review and approval. Said
plan shall delineate plant species, size, quantity and location and shall
include plant material utilized for slopes. All landscaping/irrigation
shall be installed prior to the project's final inspection or Certificate of
Occupancy issuance.
(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) All retaining walls/walls shall not exceed an exposed height of six feet
except retaining walls/walls within the front yard setback shall not
exceed 42 inches in height.
(f) The residential structure shall not exceed a height of 35 feet as
measured from the natural or finished grade adjacent to the exterior
walls. The 35 foot height shall include the chimneys. At roof
sheathing inspection, the applicant shall have a licensed engineer
certify that the height of the residential structure meets this
requirement.
' (g) Wet bar shall not contain kitchen or other cooking facilities
(i.e., cooking stoves with or without an oven, hot plates, kitchen sink,
cabinets an appurtenant plumbing, microwave or convection oven,
etc.)
(h) Prior to the issuance of any City permits, the applicant shall submit a
precise grading plan, prepared by a civil engineer, licensed by the
state of California, in accordance with the City's grading requirements
for the City's review and approval. The precise grading plan shall
delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Finish surface and finished grade; and
(5) Retaining wall elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated.
(i) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical report shall reference the stability of the retaining walls
to withstand pressure of the retained soils.
(j) Applicant shall obtain a Rough Grade and Fine Grade Certification
prior to the project's final inspection.
(k) Slope of the proposed driveway shall not exceed 15 percent and shall
obtain Fire Department approval.
(1) 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.
(m) The applicant shall make a new application for sewer connection with
the Los Angeles County Department of Public Works and the
Sanitation District.
(n) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
engineer.
(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 "high fire zone"
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 1998 National Electrical Code) requirements.
(s) Construction plans shall be engineered to meet wind loads of
80 M.P.H. with a "C" exposure.
(t) All balconies shall be designed for a 40 -pound per square foot live
load.
(u) 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.
(v) The single-family residence shall not be utilized in a manner that
creates adverse effects (i.e., significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood and
environmental setting. Additionally, the single-family residence shall
not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the
neighborhood.
(w) The Applicant shall complete and record a "Covenant and Agreement
to Maintain a Single -Family Residence" on a form to be provided by
the City. The covenant must be completed and recorded with the Los
7
Angeles County Recorder's Office prior to the issuance of a building
permit.
(x) Adjacent to the development area and north property line a walnut
tree exists. The applicant shall protect this walnut tree pursuant to
Development Code Chapter 22.38 -Tree Preservation and Protection.
The existing site vegetation is located on the rear slope and not within
the development area. If during construction native oak, walnut,
sycamore, willow, and naturalize California pepper trees with a
diameter at breast height (DBH) of eight inches or greater are
discovered on site and need protection, the applicant shall comply
with Development Code Chapter 22.38 -Tree Preservation and
Protection. Prior to the issuance of any City permits, grading,
grubbing or any other disturbance of the property, the applicant shall
delineated the trees specified above on a revised grading plan for the
City's review and approval.
(y) 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.
(z) 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.
(aa) 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.
N.
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: Veneet K. Gupta, 2359 Blue Haven Drive, Rowland Heights, CA
91748, and V. C. Dagam, 1000 N. Regal Canyon Drive, Walnut, CA
91789.
APPROVED AND ADOPTED THIS 28Th OF MAY 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:—
Jose
Y:Jos - h T. Ru cka, JC
airman
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 28th
' day of May 2002, by the following vote:
AYES: Tanaka, Tye, Ruzicka
NOES: None
ABSENT: Nolan, Nelson
ABSTAIN: None
ATTEST:
4ftines DeSt fano, Secretary
'LANNING COMMISSION RESOLUTION NO. 2002-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2002-02 AND CATEGORICAL EXEMPTION, A REQUEST TO
CONSTRUCT A THREE-STORY SINGLE FAMILY RESIDENCE
WITH BASEMENT, NINE CAR GARAGE, PORTE-COCHERE,
BALCONIES, PATIOS AND DECK TOTALING TO
APPROXIMATELY 21,170 SQUARE FEET. THE REQUEST ALSO
INCLUDES A SWIMMING POOL/SPA, GAZEBO AND RETAINING
WALLS WITH MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE
PROJECT SITE IS LOCATED AT 22604 RIDGELINE ROAD (LOT
166, TRACT NO. 30091), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Veneet K. Gupta and applicant, V. C. Dagam, have filed an
application for Development Review No. 2002-02 and categorical exemption
for a property located at 22604 Ridgeline Road, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Development
Review and categorical exemption shall be referred to as the "Application."
2. On May 13, 2002, public hearing notices were mailed to approximately 134
property owners within a 500 -foot radius of the project site. In addition, thq
project site was posted with a display board and the public notice was
posted in three public places. On May 16, 2002, notification of the public
hearing for this project was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers.
3. On May 28, 2002, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
. The Planning Commission hereby finds that the project identified above in this Resolution is
ategorically exempt pursuant to Section 15301 (a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated thereunde
Furthermore, the categorical exemption reflects the independent judgment of the City c
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 site located within a gated community identified
as "The Country Estates". It is a rectangular shaped vacant lot of
approximately 1.23 gross acres (1.14 net acres) sloping up toward
the center of project site then sloping downward toward the rear of
the project site. It does not contain a "restricted use area" or
easements.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size
40,000 Square Feet (R-1-40,000) Zone interpreted as Rural
Residential (RR) Zone.
(d) Generally, the following zone surround the project site: To the north,
south, east and west is the R-1-40,000 Zone.
(e) The Application request is to construct a two story single-family
residence with a basement, nine -car garage, porte-cochere,
balconies, patios and deck for a total of approximately 21,170
square feet. Additionally, the request includes a swimming pool/spa,
gazebo and retaining walls with a maximum exposed height of six
Development Review
(f) The design and layout of the proposed development is consistent with the applicab
elements of the City's General Plan, City Design Guidelines, and developme
standards of the applicable district,
2
design guidelines, and architectural criteria for special areas (e.g.,
theme areas, specific plans, community plans, boulevards or
planned developments).
The project site, an existing vacant lot, was created prior to the
City's incorporation. The project site was always considered to be
developed as a single-family residential property.
On July 25, 1995, the City adopted its General Plan. Although the
Tract was established prior to the General Plan's adoption, it
complies with the General Plan land use designation of RR -
Maximum 1 DUTAAC since the project site is 1.23 gross acres.
Additionally, the proposed project complies with the General Plan
objectives and strategies and the City's Design Guidelines related to
maintaining the integrity of residential neighborhoods and open
space. Furthermore, the proposed project is compatible with the
eclectic architectural style, colors and material of other homes within
(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 was always planned for the development of a
singlefamily residence. The proposed project is a single-family
residence, which is consistent with single family residences
established within "The Country Estates". As such, the proposed
residence is not expected to interfere with the -use and enjoyment of
neighboring existing or future development. The proposed residence
is not expected to create traffic or pedestrian hazards due to that
fact that the use was planned with the tract's original approval and
will remain a single-family residence. Additionally, Ridgeline Road
adequately serves the project site and was established to handle
minimum traffic created by this type of development. Furthermore,
this street and all other streets within "The Country Estates" are
private streets managed and maintained by the homeowners
association within this gated community.
(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
The proposed project's architectural style (as referred to in
application) is Mediterranean. Prominent architectural features include
front entry with the porte-cochere supported by stylized
3
Corinthian columns and front windows flanked by the stylized
columns. Color scheme and construction materials are consistent
and compatible with the eclectic architectural style, materials and
colors of other homes within "The Country Estates. " Therefore, the
proposed project is consistent with and will maintain and enhance
the harmonious, orderly and attractive development contemplated
by Chapter 22:48.20, the General Plan, and City Design Guidelines.
Additionally, there is not a specific plan for this area.
(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 and 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);
Pursuant to the provisions of the California Environmental Quality
Act (CEQA), Section 15303(x), the City has determined that the
project .identified above in this Resolution is categorically exempt.
Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar.
0
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, final landscape/irrigation plan, and
colors/materials board collectively labeled as Exhibit "A" dated May
28, 2002, 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 afterthe 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 for the City's review and approval. Said
plan shall delineate plant species, size, quantity and location and
shall include plant material utilized for slopes. All
landscaping/irrigation shall be installed prior to the project's final
inspection or Certificate of Occupancy issuance.
(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) All retaining walls/walls shall not exceed an exposed height of six feet
except retaining walls/walls within the front yard setback shall not
exceed 42 inches in height.
(f) The residential structure shall not exceed a height of 35 feet as
measured from the natural or finished grade adjacent to the exterior
walls. The 35 foot height shall include the chimneys. At roof
sheathing inspection, the applicant shall have a licensed engineer
certify that the height of the residential structure meets this
requirement.
1) Wet bar shall not contain kitchen or other cooking facilities (i.e., cooking stoves with or without an
ven, hot plates, kitchen sink,
5
cabinets an appurtenant plumbing, microwave or convection oven,
etc.)
(h) Prior to the issuance of any City permits, the applicant shall submit a
precise grading plan, prepared by a civil engineer, licensed by the
state of California, in accordance with the City's grading
requirements for the City's review and approval. The precise
grading plan shall delineate the following:
(1) Cut and fill quantities with calculations; (2) Existing and
proposed topography;
(3) Flow lines and drainage/drainage outlets; (4) Finish surface and
finished grade; and
(5) Retaining wall elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated.
(i) Prior to the issuance of any City permits, the applicant shall submit a
geotechnical report for the City's review and approval. The
geotechnical report shall reference the stability of the retaining walls
to withstand pressure of the retained soils.
(j) Applicant shall obtain a Rough Grade and Fine Grade Certification prior
to the project's final inspection.
(k) Slope of the proposed driveway shall not exceed 15 percent and shall
obtain Fire Department approval.
(1) 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.
(m) The applicant shall make a new application for sewer connection with
the Los Angeles County Department of Public Works and the
Sanitation District.
(n) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
engineer.
(o) The proposed residence shall comply with the State Energy
Conservation Standards.
9
(p) Surface water shall drain away from the proposed residence at a
twopercent minimum slope.
(q) The proposed single-family residence is located within "high fire zone"
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 1998 National Electrical Code) requirements.
(s) Construction plans shall be engineered to meet wind loads of 80 M.P.H.
with a "C" exposure.
(t) All balconies shall be designed for a 40 -pound per square foot live load.
(u) 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.
(v) The single-family residence shall not be utilized in a manner that
creates adverse effects (i.e., significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood
and environmental setting. Additionally, the single-family residence
shall not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a
separate dwelling. The property shall not be used for regular
gatherings that result in a nuisance or create traffic and parking
problems in the neighborhood.
(w) The Applicant shall complete and record a "Covenant and Agreement to
Maintain a Single -Family Residence" on a form to be provided by the
City. The covenant must be completed and recorded with the Los
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Angeles County Recorder's Office prior to the issuance of a building
perm it.
(x) Adjacent to the development area and north property line a walnut tree
exists. The applicant shall protect this walnut tree pursuant to
Development Code Chapter 22.38 -Tree Preservation and
Protection. The existing site vegetation is located on the rear slope
and not within the development area. If during construction native
oak, walnut, sycamore, willow, and naturalize California pepper
trees with a diameter at breast height (DBH) of eight inches or
greater are discovered on site and need protection, the applicant
shall comply with Development Code Chapter 22.38 -Tree
Preservation and Protection. Prior to the issuance of any City
permits, grading, grubbing or any other disturbance of the property,
the applicant shall delineated the trees specified above on a revised
grading plan for the City's review and approval.
(y) 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.
(z) 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.
(aa) 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
9
he Planning Commission shall:
3) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Veneet K. Gupta, 2359 Blue Haven Drive, Rowland Heights, CA
91748, and V. C. Dagam, 1000 N. Regal Canyon Drive, Walnut, CA
91789.
APPROVED AND ADOPTED THIS 28Th OF MAY 2002, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: - Joseph T. Ru *—' C airman
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 28th
day of May 2002, by the following vote:
,YES: Tanaka, Tye, Ruzicka
NOES: None
ABSENT: Nolan, Nelson
ABSTAIN: None
ATTEST: es DeSt fano, Secretary
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