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HomeMy WebLinkAboutPC 2002-20PLANNING COMMISSION RESOLUTION NO. 2002-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2000-09('1), A REQUEST TO CONSTRUCT A THREE-STORY (TWO STORIES AND A BASEMENT) SINGLE FAMILY RESIDENCE WITH A THREE CAR GARAGE AND BALCONIES TOTALING TO APPROXIMATELY 11,560 SQUARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING POOUSPA, GAZEBO, FOUNTAIN AND RETAINING WALLS WITH A MAXIMUM HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Palazzo, Inc:, and applicant, An -Chi Lee, have filed application for an extension of time of a Planning Commission approl granted on August 8, 2000, for Development Review No. 2000-09, for property located at 2718 Steeplechase Lane, Diamond Bar, Los Angel+ County, California. Hereinafter in this Resolution, the subject extension time shall be referred to as the "Application." 2. On July 3, 2002, public hearing notices were mailed to approximately 49 property owners of record within a 500 -foot radius of the project and the public hearing notice was posted in three public places within the City of Diamond Bar. On July 10, 2002, the project site was posted with a display board. On July 11, 2002, notification of the public hearing for this project p Tribune and Inland Valle Dail was provided in the San Gabriel _Valley „ Bulletin newspapers. 3. On July 23, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened, public comments were heard, and the public hearing was closed. 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 the provisions of the California Environmental. Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(a). 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 an existing vacant lot, denude of significant vegetation, is located at 2718 Steeplechase Lane (Lot 54, of Tract No. 30289) within a gated community identified as "The Country Estates". The project site is rectangular shaped and approximately 1.20 gross acres and 1.11 net acres. It slopes up from Steeplechase Lane to the rear property line. An existing access driveway traverses the front portion of the project site behind the proposed 30 -foot front setback. The access driveway is utilized as a non-exclusive easement and traverses Lots 51 through 57. This access driveway. will abut the proposed driveway for the project site. A recreational and equestrian use easement located within the rear portion of the project site was deleted in its entirety in April 1990. (b) The project site has a General Plan land use designation of Rural Residential (RR). (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 zone surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is for a one year extension of time of a Planning Commission approval granted on August 8, 2002, in order to W construct a three-story (two stories and a basement) single-family with a three car garage and balconies totaling to approximately 11,560 2 square feet. The request also includes a swimming pooVspa, fountain and retaining walls with a maximum six-foot height. EXTENSION OF TIME (f) The permittee has established, with substantial evidence beyond ti control of the permittee (e.g., demonstration of financial hardshi legal problems with the closure of the sale of the parcel, poorweath conditions in which to complete construction activities, etc.), why tr permit should be extended. On May 23, 2002, the applicant submitted a request in writing for one year extension of time. The applicant's time extension request related to restructuring the means of financing the project. As a rest due to financing, it has taken more time then anticipated to obta, construction permits because of engineering issues. Therefore, tr extension of time is needed. Additionally, the extension of time doe not modify the project in any way from the Planning Commissic approval of August 8, 2000. (g) 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 categorically exempt pursuant to the provisions of the Califort Environmental Quality Act (CEQA) and guidelines promulgat thereunder, according to Section 15303(a). DEVELOPMENT REVIEW (h) 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). Tract Map No. 30289 was approved by Los Angeles County prior to the City of Diamond Bar's incorporation and sited for residential development, knowing that Lot 54 would eventually be developed with a single family residence. 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 1.20 gross acres. Additionally, the proposed �c1 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 Tract No. 30289 and `The Country Estates." (i) 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 planned for the eventual developed of a single- family residence through the Tract's original approval. The proposed project is a single-family residence, which is consistent with single family residences established within "The Country Estates" As such, the proposed single family residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed single-family residence is not expected to create traffic or pedestrian hazards because the proposed use was expected in the future. Steeplechase Lane, a private street, adequately serves the project site and was established to handle minimum traffic created by this type of gated residential development. Therefore, the use of a contemplated 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. (j} 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 architectural design of the proposed project is Mediterranean. The architectural design of other residences within 7he Country Estates" is eclectic. Therefore, the proposed project's architectural design is compatible with other residences within this gated community. Furthermore, the proposed project has obtained the approval of "The Country Estates" architectural committee. A proposed prominent architectural feature/focal point of the residence is the Coliseum Stone front entry and motor court entrance with Composite type columns, which is a combination of the ionic and Corinthian order. The balconies are a secondary focal point of the El front facade utilizing columns and balustrade, which corresponds the prominent architectural focal points. The window styles a, architectural treatment extends to all sides of the proposed resident structure. The proposed colors are a variation of earth tones. The propos materials offer a variety of textures. As a result, the proposed prof will provide a desirable environment with good aesthetic use materials, textures and colors that will remain aesthetically appeal while offering variety. Therefore, the architectural design of proposed development is compatible with the character of ; surrounding neighborhood and will maintain the harmonious, ordi and attractive development contemplated by Chapter 22.48., Development Review Standards, City Design Guidelines, the Ch General Plan. (k) The design of the proposed development will provide a desire environment for its occupants and visiting public as well as neighbors through good aesthetic use of materials, texture, and c, that will remain aesthetically appealing and will retain a reasonc, adequate level of maintenance. As referenced in the above findings and the colors/materials boar the proposed project will provide a desirable environment for , occupants and visiting public as well as its neighbors through go( aesthetic use of materials, texture and color that will Tema aesthetically appealing while offering variety in color, texture and low level of maintenance. (1) 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. (m) 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 July 11, 2000, 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. The approved landscaping and irrigation shall be installed prior to 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) 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. 0 {f) Prior to the issuance of any City permits, the applicant shall submit complete grading plan in accordance with the City's gradin requirements for the City's review and approval. The grading pla 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, (5) Grading plan shall be signed/stamped by a civil geotechnical engineer and geologist, as required; (6) Exportation site; and (7) All easements. (g) Prior to issuance of any City permits, the applicant shall submit a sc report for the City's review and approval. Said soils report shall: (1) Incorporate the suitability and stability of all retaining walls withstand pressure of the retained soil and surcharge creat by the proposed loads; and (2) Incorporate the scope of the proposed development a appropriate recommendations for the project's constructi and shared access; (h) The applicant shall re -construct their portion of the access drivew that traverses the project site, pursuant to the desii recommendations within the soils report and to the satisfaction of ti City Engineer. (i) Prior to the commencement of any grading activities, the applicant shall provide the City with a defined access route for construction vehicles to and from Steeplechase Lane. The applicant shall provide an assessment of the access roadway condition to the City Engineer. Prior to final occupancy, the roadway condition shall be re -assessed and the applicant shall repair any damage to the roadway, as a result of construction activities. On an ongoing as needed basis, the applicant shall repair damage that may occur to the shared access driveway during construction, according to the satisfaction of the City Engineer. (j) 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. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: 11 (1) Sections drawn to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) Retaining walls shall be subject to the City's Hillside Management Standards. (I} 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) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. (n) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (o) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. (p) The proposed residence shall comply with the State Energy Conservation Standards. (q) Surface water shall drain away from the proposed residence ata two - percent minimum slope. (r) 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. 0 (s) Plans shall conform to State and Local Building Code (i.e., 1 Uniform Building Code, Uniform Plumbing Code, Uniform Mechai Code, and the 1997 National Electrical Code) requirements. (t) Construction plans shall be engineered to meet wind loads 80 M.P.H. with a "C" exposure. (u) Prior to the issuance of any construction permits, the applicant s submit construction plans to the Los Angeles County Fire Departrr for review and approval. (v) If applicable, the applicant shall comply with Standard Urban Water Mitigation Plan requirements to the satisfaction of the engineer. (w) Planning Commission Resolution No. 2000-13 approved on August 8 2000, shall remain in full force and effect except as amended herein (x) This extension of time grant is valid for one year and shall exercised (i.e., construction started) within that period or this g. shall expire on August 8, 2003. (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 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. (x) 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 A (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Palazzo Inc., P.O. Box 5170, Diamond Bar, CA 91765 and An -Chi Lee, 3740 Campus Drive, #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 23RD DAY OF JULY, 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe zick 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 23rd day of July, 2002, by the following vote: AYES: Tye, Nelson, Nolan, Tanaka, Ruzicka NOES: None ABSENT: None AB ATTEST: 10 PLANNING COMMISSION RESOLUTION NO. 2002-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2000-09(1), A REQUEST TO CONSTRUCT A THREE-STORY (TWO STORIES AND A BASEMENT) SINGLE FAMILY RESIDENCE WITH A THREE CAR GARAGE AND BALCONIES TOTALING TO APPROXIMATELY 11,560 SQUARE FEET. THE REQUEST ALSO INCLUDES A SWIMMING POOL/SPA, GAZEBO, FOUNTAIN AND RETAINING WALLS WITH A MAXIMUM HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATED AT 2718 STEEPLECHASE LANE (LOT 54, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Palazzo, Inc:, and applicant, An -Chi Lee, have filed„ application for an extension of time of a Planning Commission approv granted on August 8 2000, for Development Review No. 2000-09, for property located at 2718 Steeplechase Lane, Diamond Bar, Los Angelf County, California. Hereinafter in this Resolution, the subject extension time shall be referred to as the "Application." 2. On July 3, 2002, public hearing notices were mailed to approximately property owners of record within a 500 -foot radius of the project and t public hearing notice was posted in three public places within the City Diamond Bar. On July 10, 2002; the project site was posted with a displ board. On July 11, 2002, notification of the public hearing for this projE was provided in the San Gabriel Valley Tribune and Inland Valley Do Bulletin newspapers. 3. On July 23, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened, public comments were heard, and the public hearing was closed. 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 the provisions of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, according to Section 15303(a). 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 an existing vacant lot, denude of significant vegetation, is located at 2718 Steeplechase Lane (Lot 54, of Tract No. 30289) within a gated community identified as "The Country Estates". The project site is rectangular shaped and approximately 1.20 gross acres and 1.11 net acres. It slopes up from Steeplechase Lane to the rear property line: An existing access driveway traverses the front portion of the project site behind the proposed 30-foot front setback. The access driveway is utilized as a non-exclusive easement and traverses Lots 51 through 57. This access driveway. will abut the proposed driveway for the project site. A recreational and equestrian use easement located within the rear portion of the project site was deleted in its entirety in April 1990. (b) The project site has a General Plan land use designation of Rural Residential (RR). (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 zone surround the project site: to the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is for a one year extension of time of a Planning Commission approval granted on August 8, 2002, in orderto construct a three-story (two stories and a basement) single -family with a three car garage and balconies totaling to approximately 11,560 2 square feet. The request also includes a swimming pooUspa, fountain and retaining walls with a maximum six-foot height. EXTENSION OF TIME (f) The permittee has established, with substantial evidence beyond control of the permittee (e.g., demonstration of financial hards legal problems with the closure of the sale of the parcel, poor wea conditions in which to complete construction activities, etc.), why permit should be extended. On May 23, 2002, the applicant submitted a request in writing for one year extension of time. The applicant's time extension request, related to restructuring the means of financing the project. As a resa due to financing, it has taken more time then anticipated to obtai construction permits because of engineering issues. Therefore, th extension of time is needed. Additionally, the extension of time doe not modify the project in any way from the Planning Commissio approval of August 8, 2000. (g) 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 categorically exempt pursuant to the provisions of the Califort Environmental Quality Act (CEQA) and guidelines promulgat thereunder, according to Section 15303(a). DEVELOPMENT REVIEW (h) 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). Tract Map No. 30289 was approved by Los Angeles County prior to the City of Diamond Bar's incorporation and sited for residential development, knowing that Lot54 would eventuallybe developed with a single family residence. 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 DtIIAC since the project site is 1.20 gross acres. Additionally, the proposed 3 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 Tract No. 30289 and 'The Country Estates." (i) 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 planned for the eventual developed of a single- family residence through the Tract's original approval - The proposed project is a single-family residence, which is consistent with single family residences established within 'The Country Estates". As such, the proposed single family residence is not expected to interfere with the use and enjoyment of neighboring existing or future development The proposed single-family residence is not expected to create traffic or pedestrian hazards because the proposed use was expected in the future. Steeplechase Lane, a private street, adequately serves the project site and was established to handle minimum traffic created by this type of gated residential development. Therefore, the use of a contemplated single-family residence will not interfere with the use end enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (j) 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 architectural design of the proposed project is Mediterranean. The architectural design of other residences within "The Country Estates" is eclectic. Therefore, the proposed project's architectural design is compatible with other residences within this gated community. Furthermore, the proposed project has obtained the approval of 'The Country Estates" architectural committee. A proposed prominent architectural featurelfocal point of the residence is the Coliseum Stone front entry and motor court entrance with Composite type columns, which is a combination of the Ionic and Corinthian order: The balconies are a secondary focal point of the 4 front fagade utilizing columns and balustrade, which corresponds the prominent architectural focal points. The window styles a, architectural treatment extends to atl sides of the proposed resideni structure. The proposed colors are a variation of earth tones. The propo: materials offer a variety of textures. As a result, the proposed proj will provide a desirable environment with good aesthetic use materials, textures and colors that will remain aesthetically appeal while offering variety. Therefore, the architectural design of i proposed development is compatible with the character of i surrounding neighborhood and will maintain the harmonious, ordE and attractive development contemplated by Chapter22.48.: Development Review Standards, City Design Guidelines, the Cii General Plan. (k) The design of the proposed development will provide a desirz environment for its occupants and visiting public as well as neighbors through good aesthetic use of materials, texture, and ci that will remain aesthetically appealing and will retain a reasonc adequate level of maintenance. As referenced in the above findings and the colorsl materials boar the proposed project will provide a desirable environment for i occupants and visiting public as well as its neighbors through goc aesthetic use of materials, texture and color that will rema aesthetically appealing while offering variety in color, texture and low level of maintenance. (I) 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. (m) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 5 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 July 11, 2000, 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. The approved landscaping and irrigation shall be installed prior to 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) 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. 6 (f) Prior to the issuance of any City permits, the applicant shall submit complete grading plan in accordance with the City's gradin requirements for the City's review and approval. The grading pla 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; (5) Grading plan shall be signed/stamped by a civil geotechnical engineer and geologist, as required; (6) Exportation site; and (7) All easements. (g) Prior to issuance of any City permits, the applicant shall submit a sc report for the City's review and approval. Said soils report shall: (1) Incorporate the suitability and stability of all retaining walls withstand pressure of the retained soil and surcharge creat by the proposed loads; and (2) Incorporate the scope of the proposed development a appropriate recommendations for the project's constructii and shared access; (h) The applicant shall re -construct their portion of the access drivew that traverses the project site, pursuant to the desil recommendations within the soils report and to the satisfaction of ti City Engineer. (i) Prior to the commencement of any grading activities, the applicant shall provide the City with a defined access route for construction vehicles to and from Steeplechase Lane. The applicant shall provide an assessment of the access roadway condition to the City Engineer. Prior to final occupancy, the roadway condition shall be re -assessed and the applicant shall repair any damage to the roadway, as a result of construction activities. On an ongoing as needed basis, the applicant shall repair damage that may occur to the shared access driveway during construction, according to the satisfaction of the City Engineer. (j) 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. (k) Prior to the issuance of any City permits, the applicant shall submit a retaining wall plan for the City's review and approval. The retaining wall plan shall delineate the following: 7 (1) Sections drawn to scale with the appropriate details; (2) Top of wall, finished surface, bottom of wall and top of footing; (3) Type of retaining wall; (4) Calculations; and (5) - Retaining walls shall be subject to the City's Hillside Management Standards. (I) 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) Applicant shall obtain a -Rough Grade and Fine Grade Certification prior to the project's final inspection. (n) Slope of the proposed driveway shall not exceed 15 percent and shall obtain Fire Department approval. (o) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public Works and the Sanitation District. (p) The proposed residence shall comply with the State Energy Conservation Standards. (q) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (r) 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 aftic, 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. 8 (s) Plans shall conform to State and Local Building Code (i.e., Uniform Building Code, Uniform Plumbing Code, Uniform Mech Code, and the 1997 National Electrical Code) requirements. (t) Construction plans shall be engineered to meet wind loads 80 M.P.H. with a "C" exposure. (u) Prior to the issuance of any construction permits, the applicant submit construction plans to the Los Angeles County Fire Deparl for review and approval. (v) If applicable, the applicant shall comply with Standard Urban S Water Mitigation Plan requirements to the satisfaction of the engineer. (w) Planning Commission Resolution No. 2000-13 approved on August 8— ' 2000; shall remain in full force and effect except as amended herein (x) This extension of time grant is valid for one year and shall exercised (i.e., construction started) within that period or this gi shall expire on August 8, 2003. (y) This grant shall not be effective for any purpose until the permiffee and owner of the property involved (if other than the permiffee) 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. (x) 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 9 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Palazzo Inc., P.O. Box 5170, Diamond Bar, CA 91765 and An-Chi Lee, 3740 Campus Drive, #B, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 23RD DAY OF JULY, 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe %zicka) 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 23rd day of July, 2002, by the following vote: AYES: Tye, Nelson, Nolan, Tanaka, Ruzicka NOES: None ATTEST: ABSENT: None 10