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HomeMy WebLinkAboutPC 2002-21A RESOLL DIAMOND AND MIN( FOR THE F 2,370 SQU, THREE (3) ZONE, At NONCONF PROJECT (APN 8713- A. 713 A. RECITALS. PLANNING COMMISSION RESOLUTION NO. 2002-21 TION OF THE PLANNING COMMISSION OF THE CITY OF BAR APPROVING DEVELOPMENT REVIEW NO. 2002-13 R CONDITIONAL USE PERMIT NO. 2002-06 ALLOWING EMODELING AND CONSTRUCTION OF AN APPROXIMATE LRE FOOT ADDITION TO AN EXISTING 5,096 SQUARE FOOT STORY SINGLE-FAMILY RESIDENCE IN THE R-1 (20,000) D PERMITTING THE CONTINUATION OF A LEGAL )RMING 29'-1" FRONT YARD SETBACK DISTANCE. THE SITE IS LOCATED AT 2817 WAGON TRAIN LANE 713-011), DIAMOND BAR, CALIFORNIA. The ap licant S & W Development, acting as the agent for the property owner, Harshad and Raksha Shah, has filed an application for Development Review No. 2002-13 and Minor Conditional Use Permit No. 2002-06 for property located at 2817 Wagon Train Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the 2. On July 30, 2002, public hearing notices were mailed to approximately 34 property owners within a 500 -foot radius of the project site, and posted in three pu lic places. On August 2, 2002, the project site was posted with a display t oard. On August 2, 2002, notification of the public hearing for this project'as provided in the San Gabriel Valley Tribune and the Inland Valley Dail Bu letin newspapers. 3. On Aug�st 13, 2002, the Planning Commission of the City of Diamond Bar conduct d 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 Pla ning Commission hereby specifically finds that all of the facts set forth in Oe Recitals, Part A, of this Resolution are true and correct. ' 2. The Plar ning Commission hereby finds that the Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requi ements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Article 19 Section 15303 Class 3 (c) (New Construction or Conversion of Small Structure). Furthermore, the Categorical Exemption reflects the independent judgment of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a developed parcel of land, which is located in the gate -guarded community known as the Country Estates. The site contains .62 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular in shape; it fronts on a private street (Wagon Train Lane); and it slopes in a northerly direction. (b) The project site has a General Plan land use designation of Rural 'Residential. (c) The project site zoned R 1(20,000) (Single -Family Residential). (d) Generally, the site is surrounded to the north, south, east and west with R-1 (20;000) zoned property. 4. Development Review . In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: (a) The design and layout of the proposed development is consistent with the General Plan, 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 project site is an existing developed single" -family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (20,000) zone and the City's Hillside Management Ordinance. (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. 2 Jhe project site is an existing developed single-family residential state parcel of land surrounded by existing residential development. �he proposed project will compliment the development of the (c) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance he harmonious orderly and attractive development c ntemplated by the Development Code, the General Plan or any applicable specific plan. o proposed project is consistent with the surrounding development terms of mass and scale. Access to the proposed project is gained from a fully developed private street. (d) Tle design of the proposed development will provide a desirable e ivironment for its occupants and visiting public as well as its n ighbors through good aesthetic use of materials, texture and color, a id will remain aesthetically appealing. e eclectic Spanish Mediterranean style proposes the use of a v ifiety of compatible building materials and earth tone colors to soften tt e home's impact and assist in preserving the hillside's aesthetic v due. (e) Tie proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. fore the issuance of City development permits, the proposed ject is required to comply with all conditions set forth in this olution and the Building and Safety Division, Public Works ision, and Fire Department requirements. The referenced mcies through the permit and inspection process will ensure that proposed project will not be detrimental to the public health, safety welfare nor will it be materially injurious to `the properties or Provements in the vicinity. (f) T e proposed project has been reviewed in compliance with the prIovisions of the California Environmental Quality Act (CEQA). T e appropriate environmental analysis, in compliance with the re uirements of the California Environmental QualityAct (CEQA), has b6 en conducted. Based on that assessment, the City has determined the project to be Categorically Exempt underArticle 19 Section 15303 C ss 3 (c) (New Construction or Conversion of Small Structure) of 3 the State CEQA Guidelines. No further environmental assessment is necessary. 5. Minor Conditional Use Permit Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the Planning Commission finds: (a) The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The existing home is located within the City's R-1 (20,000) zoning district, which allows for the development of single-family residences. Additionally, Section 22.68.0303 permits the continuation of a legal nonconfonning setback provided a Minor Conditional Use Permit is approved. The project has been designed to meet or exceed the applicable development standards set forth in the Diamond Bar Development Code. (b) The proposed use is consistent with the General Plan and any applicable specific plan. The project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (20,000) zone and the City's Hillside Management Ordinance. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The resulting 7,466 square foot three-story eclectic Spanish Mediterranean designed single-family residence is compatible with the surrounding and neighboring properties, which have been developed with homes of similar size and style. Additionally, approval of the reduced front yard setback will not alter the established neighborhood pattern or character or result in a haphazard layout. rd (d) The subject site is physically suitable for the type and density/intensity f use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. e approximate .62 -acre site is adequate to accommodate the )posed expansion of the existing single- family residence, which is compliance with the applicable DBDC development standards. ,o, the existing single-family home is currently connected to the y's sewer system and is being adequately -served with the required ,ter and public utilities. Approval of the Minor Conditional Use rmit would have no impact on these services. (e) ranting the Minor Conditional Use Permit will not be detrimental to t e public interest, health, safety, convenience or welfare, or aterially -injurious to persons, property or improvements in the v cinity and zoning district in which the property is located. e proposed slightly reduced front yard setback area will not s bstantiallyblock the view or degrade the light and open space area o the westerly or easterly adjacent development. Additionally, given t e existing development pattern of the neighborhood, consisting of k is with various slope percentages, the intent of the Code to respect a d compliment the front yard setback area of adjacent properties will not be compromised. Therefore, the project will not will not have a negative impact on the public interest, health, safety or welfare. (f) T e proposed project has been reviewed in compliance with the p ovisions of the California Environmental Quality Act (CEQA). 1 appropriate environmental analysis, in compliance with the uirements of the California Environmental QualityAct (CEQA), has rn conducted. Based on that assessment, the City has determined project to be Categorically Exempt underArticle 19 Section 15303 ss 3 (c) (New Construction or Conversion of Small Structure) of State CEQA Guidelines. No further environmental assessment is 6. In accordance with Section 22.68.030.C, the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming: (a) Incompatible with other structures in the neighborhood. The proposed continuation of the minimally reduced front yard setback distance (11 inches) will not alter the established n ighborhood character or result in a haphazard layout. Approval 5 would still promote a sensible building plan, and contribute to an attractive street scene. (b) Inconsistent with the General Plan or any applicable specific plan. The project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (20,000) zone and the City's Hillside Management Ordinance. (c) A restriction to the eventual/future compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming front yard setback distance, will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. (d) Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on the conditions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety or general welfare of persons residing in the neighborhood. (e) Detrimental and/or injurious to property and improvements in the neighborhood. The project site is an existing developed single-family residential estate parcel of land surrounded by existing residential development. The proposed project will compliment the development of the neighborhood. 7. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on August 13, 2002 and as amended herein. C (b) The seven 7 -foot retaining wall along the northern property boundary hall be heavily landscaped and decoratively treated to match the esign of the home.. The proposed materials and design shall be submitted to the Planning Division for review and approval prior to i proving. (c) 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, the applicant or by a duly permitted waste contractor, who has been authorized by the ity 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. (d) The applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. All landscaping and irrigation shall be installed p for to the issuance of a Certificate of Occupancy. (e) IV aximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of t e roofline evidence of compliance with this requirement may require a height survey at completion of framing. (f) T e single-family residence shall not be utilized in a manner that c Bates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other si ilar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the n icihborhood. (g) T e owners 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 A geles County's Recorder's Office prior to the issuance of a building 7 (h) All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. (i) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. (j) The applicant shall comply with the requirements from the City Engineer and Public Works Divisions. (k) 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. (1) The applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. (m) Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. (n) The proposed construction plans shall be submitted to the l=ire Department for review and approval. (o) Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their . approval to the Planning Division prior to the issuance of building permits. (p) All utility service to the proposed project shall be installed underground. (q) This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. E: 1 1 1 (r} his entitlement shall not be effective for any purpose until the permittee and owner of the property involved (if other than the ermittee) have filed, within fifteen (15) days of the approval date, at t e City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City rocessing fees. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) orthwith transmit a certified copy of this Resolution, by certified mail, to: Harshad and Raksha Shah, 2817 Wagon Train Lane, Diamond Bar, CA 91765-2346 APPRO ED AND ADOPTED THIS 13t' DAY OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, BY: Joe Ruz Ch firman I, James De Stefano, 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 13th of August 2002, by the f llowing vote: AYES: Chairman Ruzicka, Vice -Chair Tye, and Commissioners Nolan and Tanaka NOES: None ABSENT: Commissioner Nelson ABSTAIN: None ATTEST: i J , Secretary 9 PLANNING COMMISSION RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-13 AND MINOR CONDITIONAL USE PERMIT NO. 2002-06 ALLOWING FOR THE REMODELING AND CONSTRUCTION OF AN APPROXIMATE 2,370 SQUARE FOOT ADDITION TO AN EXISTING 5,096 SQUARE FOOT THREE (3) STORY SINGLE-FAMILY RESIDENCE IN THE R-1 (20,000) ZONE, AND PERMITTING THE CONTINUATION OF A LEGAL NONCONF RMING 29'-1" FRONT YARD SETBACK DISTANCE. THE PROJECT SITE IS LOCATED AT 2817 WAGON TRAIN LANE (APN 8713-013-011), DIAMOND BAR, A. RECITALS. s The applicant S & W Development, acting as the agent for the property owner, arshad and Raksha Shah, has filed an application for Development Review No. 2002-13 and Minor Conditional Use Permit No. 2002-06 for property located at 2817 Wagon Train Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the uw»r n 2. On July 30, 2002, public hearing notices were mailed to approximately 34 property owners within a 500 -foot radius of the project site, and posted in three pu lic places. On August 2, 2002, the project site was posted with a display oard. On August 2, 2002, notification of the public hearing for this project as provided in the San Gabriel ValleV Tribune and the Inland Valley Daily Bu letin newspapers. 3. On Aug-st 13, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Pla ning Commission hereby specifically finds that all of the facts set forth in toe Recitals, Part A, of this Resolution are true and correct. 2. The Pla ning Commission hereby finds that the Environmental Categorical Exempti n tzas been prepared by the City of Diamond Bar in compliance with the requi ements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Article 19 Section 15303 Class 3 (c) (New Construction or Conversion of Small Structure). Furthermore, the Categorical Exemption reflects the independent judgment of the City of Diamond Bar. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is a developed parcel of land, which is located in the gate -guarded community known as the Country Estates. The site contains .62 gross acres of land area. The site is subject to recorded "Restricted Use Area", Private Street Easements, and CC&R's. The site is rectangular in shape; it fronts on a private street (Wagon Train Lane); and it slopes in a northerly direction. (b) The project site has a General Plan land use designation of Rural Residential. (c) The project site zoned R 1(20,000). (Single -Family Residential). (d) Generally, the site is surrounded to the north, south, east and west with R-1 (20;000) zoned property. 4. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety (a) The design and layout of the proposed development is consistent with the General Plan, 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 project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates".- On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (20,000) zone and the City's Hillside Management Ordinance. (b) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments and will not create traffic or pedestrian hazards. 2 The project site is an existing developed single-family residential state parcel of land surrounded by existing residential development: he proposed project will compliment the development of the eighborhood. (c) he architectural design of the proposed development is compatible ith the character of the surrounding neighborhood and will maintain nd enhance he harmonious orderly and attractive development c ntemplated by the Development Code, the General Plan or any pplicable specific plan. e proposed project is consistent with the surrounding development terms of mass and scale. Access to the proposed project is wined from a fully developed private street. (d) he design of the proposed development will provide a desirable e vironment for its occupants and visiting public as well as its n ighbors through good aesthetic use of materials, texture and color, a d will remain aesthetically appealing. e eclectic Spanish Mediterranean style proposes the use of a v riety of compatible building materials and earth tone colors to soften t e home's impact and assist in preserving the hillside's aesthetic v lue. (e) T e proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect o property values or resale(s) of property) to the properties or i provements in the vicinity. Fore the issuance of City development permits, the proposed ject is required to comply with all conditions set forth in this olution and the Building and Safety Division, Public Works ision, and Fire Department requirements. The referenced ?ncies through the permit and inspection process will ensure that proposed project will not be detrimental to the public health, safety welfare nor will it be materially injurious to the properties or -rovements in the vicinity. (f) The proposed project has been reviewed in compliance with the prOvisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental QualityAct (CEQA), has been conducted. Based on that assessment, the City has determined the project to be Categorically Exempt underArticle 19 Section 15303 O ass 3 (c) (New Construction or Conversion of Small Structure) of 3 the State CEQA Guidelines. No further environmental assessment is necessary. 5. Minor Conditional Use Permit Pursuant to Section 22.56.040 of the Diamond Bar Development Code, the Planning Commission finds: (a) The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The existing home is located within the City's R-1 (20,000) zoning district, which allows for the development of single-family residences. Additionally, Section 22.68.030.8 permits the continuation of a legal nonconforming setback provided a Minor Conditional Use Permit is approved. The project has been designed to meet or exceed the applicable development standards set forth in the Diamond Bar Development Code. (b) The proposed use is consistent with the General Plan and any applicable specific plan. The project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates".- On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (20,000) zone and the City's Hillside Management Ordinance. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The resulting 7,466 square foot three-story .eclectic Spanish Mediterranean designed single-family residence is compatible with the surrounding and neighboring properties, which have been developed with homes of similar size and style. Additionally, approval of the reduced front yard setback will not alter the established neighborhood pattern or character or result in a C! (d) he subject site is physically suitable for the type and density/intensity f use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical e approximate .62 -acre site is adequate to accommodate the )posed expansion of the existing single- family residence, which is compliance with the applicable DBDC development standards. ,o, the existing single-family home is currently connected to the y's sewer system and is being adequately served with the required ter and public utilities. Approval of the Minor Conditional Use rmit would have no impact on these services. (e) ranting the Minor Conditional Use Permit will not be detrimental to t e public interest, health, safety, convenience or welfare, or aterially injurious to persons, property or improvements in the v cinity and zoning district in which the property is located. e proposed slightly reduced front yard setback area will not s bstantiallyblock the view or degrade the light and open space area o the westerly or easterly adjacent development. Additionally, given t e existing development pattern of the neighborhood, consisting of 1 is with various slope percentages, the intent of the Code to respect a d compliment the front yard setback area of adjacent properties will n t be compromised. Therefore, the project will not will not have a negative impact on the public interest, health, safety or welfare. (f) The proposed project has been reviewed in compliance with the prtovisions of the California Environmental Quality Act (CEQA). ? appropriate environmental analysis, in compliance with the uirements of the California Environmental QualityAct (CEQA), has rn conducted. Based on that assessment, the City has determined project to be Categorically Exempt underArticle 19 Section 15303 ss 3 (c) (New Construction or Conversion of Small Structure) of State CEQA Guidelines. No further 6. In accordance with Section 22.68.030.C, the addition, enlargement, extensio , reconstruction, relocation or structural alteration of the nonconf rming structure would not result in the structure becoming: ,mpatible with other structures in the neighborhood. The proposed continuation of the minimally reduced front yard s tback distance (11 inches) will not alter the established n ighborhood character or result in a haphazard layout. Approval 61 would still promote a sensible building plan, and contribute to an attractive street scene. (b) Inconsistent with the General Plan or any applicable specific plan. The project site is an existing developed single-family residential estate parcel of land located in the developed "County Estates".- On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 (20,000) zone and the City's Hillside Management Ordinance. (c) A restriction to the eventuaUfuture compliance with applicable regulations of this Development Code. Approval of the Minor Conditional Use Permit, which will permit the continuation of a legal nonconforming front yard setback distance, will not result in restricting future compliance with the applicable Diamond Bar Development Code regulations. (d) Detrimental to the health, safety and general welfare of persons residing in the neighborhood. Based on the conditions of approval regarding site design and improvements that must comply with the provisions of the Diamond Bar Development Code, the use will not have a negative impact on the health, safety or general welfare of persons residing in the neighborhood. (e) Detrimental and/or injurious to property and improvements in the neighborhood. The project site is an existing developed single-family residential estate parcel of land surrounded by existing residential development. The proposed project will compliment the development of the neighborhood. 7: Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on August 13, 2002 and as amended herein. (b) he seven 7 -foot retaining wall along the northern property boundary hall be heavily landscaped and decoratively treated to match the esign of the home. The proposed materials and design shall be ubmitted to the Planning Division for review and approval prior to (c) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or i plementation of the entitlement granted herein. The removal of all t ash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste f om residential, commercial, construction, and industrial areas within t tie City: It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar t provide such services. (d) he applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. All landscaping and irrigation shall be installed p for to the issuance of a Certificate of Occupancy. (e) aximum height of the residence shall not exceed 35 feet from the fi ish grade at any exterior wall of the structure to the highest point of t e roofline evidence of compliance with this requirement may require a height survey at completion of framing. (f) Tie single-family residence shall not be utilized in a manner that c eates adverse effects upon the neighborhood and environmental setting as to levels of dust, glare/light, noise, odor, traffic, or other si ilar types of disturbances. Nor shall the project be operated so as t result in significantly adverse effects on public services and r sources. The single-family residence shall not be used for c mmercial/institutional purposes, or otherwise used as a separate d elling. The property shall not be used for regular gatherings which re ult in a nuisance or which create traffic and parking problems in the (g) T tie owners 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 A geles County's Recorder's Office prior to the issuance of a building 7 (h) All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. (i) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under (j) The applicant shall comply with the requirements from the City Engineer and Public Works Divisions. (k) 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. (1) The applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. (m) Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. (n) The proposed construction plans shall be submitted to the Fire Department for review and approval. (o) Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits: (p) All utility service to the proposed project shall be installed underground. (q) This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. IQ (r) his entitlement shall not be effective for any purpose until the ermittee and owner of the property involved (if other than the ermittee) have filed, within fifteen (15) days of the approval date, at t e City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not ecome effective until the permittee pays any remaining City rocessing fees. The Planning Co mission shall: (a) C-ertify to the adoption of this Resolution; and b) -orthwith transmit a certified copy of this Resolution, by certifi Harshad and Raksha Shah, 2817 Wagon Train Lane, Diam 91765-2346 APPRO-/ED AND ADOPTED THIS 13t" DAY OF AUGUST 2002, BY THE COMMIS -,51 DN OF THE CITY OF DIAMOND BAR. Chairman Ruzicka, Vice -Chair Tye, and Commissioners Nolan BY I, James DeSt fano, Planning Commission Secretary, do hereby certify that th Resolution was duly introduced, passed, and adopted by the Planning Commis City of Diamorid Bar, t a regular meeting of the Planning Commission held on August 2002, by the f (lowing vote: AYES: Secretary and Tanaka JOES: None ABSENT Commissioner Nelson �BSTAI : None ATTEST: 9 1 mail, t : >nd ar, CA 'LANNING foregoing >ion of the the 13"' of