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HomeMy WebLinkAboutPC 2002-26PLANNING COMMISSION RESOLUTION NO. 2002-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2001-15 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE REAR BALCONY/, PATIO COVER AND FRONT PORCH TOTALIN TO APPROXIMATELY 4,620 SQUARE FEET. THE REQUES ALSO INCLUDES A REAR RETAINING WALL WITH MAXIMU EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATE AT 1194 CHISOLM TRAIL (LOT 12, TRACT NO. 37873), DIAMON BAR, CALIFORNIA. A. RECITALS 1. The pro Derty owner, Mr. and Mrs. Eddie Pinzon and applicant, JMJR Design, have fi ed an application for Development Review No. 2001-15 and categor cal exemption for a property located at 1194 Chisolm Trail, Diamond Bar, Lo3 Angeles County, California. Hereinafter in this Resolution, the subject pevelopment Review and categorical exemption shall be referred to as the " pplication." 2. On August 13, 2002, public hearing notices were mailed to approximately 803 pro erty owners within a 1,000 -foot radius of the project site. On August 5, 2002, the project site was posted with a display board and the public notice was posted in three public places. On August 16, 2002, notificati n of the public hearing for this project was provided in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers. 3. On AUgL st 27, 2002, the Planning Commission of the City of Diamond Bar conduct d and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THERE�ORE, it is found, determined and resolved by the Planning Commission of he City of Diamond Bar as follows: 1. This Planing Commission hereby specifically finds that all of the facts set forth in t e Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in ' this Res lution is categorically exempt pursuant to Section 15303(a) of the CaliforniaEnvironmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site that is an irregular shaped vacant lot of approximately 22,967 square feet with a flat pad and a slope descending toward the rear (Grand Avenue) of the project site. This rear slope has a maximum gradient of about 1.5:1. The project site does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation Low Density Residential (RL) Maximum 3 DU/Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) zone. (d) Generally, the following zones and uses surrounds the project site: To the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -4-4U (condominiums) zone. (e) The Application request is to allow the construction of a two-story single-family residence on a vacant lot with two car garage, rear balcony/patio cover and front porch totaling to approximately 4,620 square feet. Additionally, the request includes a rear retaining wall 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, K 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. -- n July 25, 1995, the City adopted its General Plan. Although the ract was established prior to the General Plan's adoption, it complies With the General Plan land use designation of Low Density esidential (RL) Maximum 3 DU/Acre. Additionally, the proposed roject complies with the General Plan objectives and strategies and be City's Design Guidelines related to maintaining the integrity of sidential neighborhoods and open space. Furthermore, the roposed project is compatible with the architectural style, colors and aterial of other homes within the surrounding neighborhood. (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. e 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 surrounding neighborhood. 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, Chisolm Trail adequately serves the project site and was established to handle minimum traffic created by this type of development. (h) Tt e 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 G idelines, the City's General Plan, or any applicable specific plan. T e proposed residence's architectural style, as referred to in the ap lication is Modern Mediterranean. Prominent architectural feature in Iudes the front entry and the addition of wood trim as delineated in the elevations. This style is compatible with other residence. A ' m teriaWcolors board has been submitted which delineates the fol wing: Stucco colors and fascia trim/wood - two color combination 3 of Beige/Sand; and roof trivoli blend (beige/tan). The proposed materials/colors board is compatible with other residences. 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(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following - conditions: M (a) The project shall substantially conform to site plan, grading plan, floor Plan, elevations, final landscape/irrigation plan, and colors/materials Poard collectively labeled as Exhibit "A" dated August 27, 2002, as :ubmitted and approved by the Planning Commission, and as mended herein. (b) he site shall be maintained in a condition, which is free of debris oth during and after the construction, addition, or implementation of Me entitlement granted herein. The removal of all trash, debris, and efuse, 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, t ansportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall e the applicant's obligation to insure that the waste contractor utilized as obtained permits from the City of Diamond Bar to provide such services. (c) F rior to the issuance of any City permits, the applicant shall submit a fi ial landscape/irrigation plan for the City's review and approval. Said p an shall delineate plant species, size, quantity and location and shall ir clude plant material utilized for rear slope slopes and camouflaging the retaining walls. Additionally, the lower portion of the slope shall be p anted with Myroporum. All landscaping/irrigation shall be installed p for 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) Al retaining walls/walls shall not exceed an exposed height of six feet ar d shall be earth tone in color. The fencing upon the retaining wall shall not exceed a height of 3.5 feet. Therefore, the maximum height of the retaining wall and fencing shall not exceed a total of nine feet. BE cause of the view from Grand Avenue to the project site, open- work, non -view obscuring fencing on top of the retaining wail shall be uti ized. (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. r to the issuance of any City permits, the applicant shall submit a ;ise grading plan, prepared by a civil engineer, licensed by the of California, in accordance with the City's grading requirements 5 (g) P 1pi sl st r to the issuance of any City permits, the applicant shall submit a ;ise grading plan, prepared by a civil engineer, licensed by the of California, in accordance with the City's grading requirements 5 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. (h) 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. (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. (j) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (k) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (1) The proposed residence shall comply with the State Energy Conservation Standards. (m) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (n) 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 I such openings are equipped with sash or door. i4) Chimneys shall have spark arrests of maximum 1/2 inch f screen. (o) lans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical ode, and the 1998 National Electrical Code) requirements. (p) onstruction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C exposure. (q) All balconies shall be designed for a 40 -pound per square foot live load. (r)Building setback from top of slope shall meet Section 18 of the 1998 California Building Code. Building setback H/3 shall be required at the front yard top of slope. (s) Prior to the issuance of any construction permits, the applicant shall s bmit construction plans to the Los Angeles County Fire Department f r review and approval. (t) 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 efivironmental 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 cc mmercial/institutional purposes, or otherwise utilized as a separate dwelling. The Yroperty shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the n ighborhood. (u) T17 e 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 Angeles County Recorders Office prior to the issuance of a building permit. (v) Th s grant is valid for two years and shall be exercised (i.c., construction started) within that period or this grant shall expire. ' A c ne-year extension of time may be approved when submitted to the Ci in writing at least 60 days prior to the expiration date. The 7 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. (w) 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. and Mrs. Eddie Pinzon, 737 Featherwood Drive, Diamond Bar, CA 91765 and JMJR Design, 1931 Eloise Way, Upland, CA 91784. APPROVED AND ADOPTED THIS 27Th OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzic a,� hairman N I 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 Barg at a regular meeting of the Planning Commission held on the 27th day of August 2002, Oy the following vote: AYE : Ruzicka, Tye, Nelson, Nolan, Tanaka NOES: None ABSENT: None ABS AIN: N ATTEST. (�W 1 1 �c PLANNING COMMISSION RESOLUTION NO. 2002-26 A RESO UTION OF THE PLANNING COMMISSION OFTHE CITY OF DIAMON BAR APPROVING DEVELOPMENT REVIEW NO. 2001-15 AND CA EGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A TWO -ST RY SINGLE FAMILY RESIDENCE WITH A TWO CAR GARAGE REAR BALCONY/, PATIO COVER AND FRONT PORCH TOTALIN TO APPROXIMATELY 4,620 SQUARE FEET. THE REQUES ALSO INCLUDES A REAR RETAINING WALL WITH MAXIMU EXPOSED HEIGHT OF SIX FEET. THE PROJECT SITE IS LOCATE AT 1194 CHISOLM TRAIL (LOT 12, TRACT NO. 37873), DIAMON BAR, CALIFORNIA. A. RECITALS 1. The pro erty owner, Mr. and Mrs. Eddie Pinzon and applicant, JMJR Design, have fi ed an application for Development Review No. 2001-15 and categor cal exemption for a property located at 1194 Chisolm Trail, Diamond Bar, Lo Angeles County, California. Hereinafter in this Resolution, the subject evelopment Review and categorical exemption shall be referred to as the " pplication." On Aug st 13, 2002, public hearing notices were mailed to approximately 803 pro erty owners within a 1,000 -foot radius of the project site. On August 5, 2002, the project site was posted with a display board and the public notice was posted in three public places. On August 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 Aug-st 27, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THERE -ORE, it is found, determined and resolved by the Planning Commission of he City of Diamond Bar as follows: 1. This Planing 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 Pa nlning Commission hereby finds that the project identified above in this Reslution is categorically exempt pursuant to Section 15303(a) of the Californi I Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site that is an irregular shaped vacant lot of approximately 22,967 square feet with a flat pad and a slope descending toward the rear (Grand Avenue) of the project site. This rear slope has a maximum gradient of about 1.5:1. The project site does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation Low Density Residential (RL) Maximum 3 DU/Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) zone. (d) Generally, the following zones and uses surrounds the project site: To the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R- 4 -4U (condominiums) zone. (e) The Application request is to allow the construction of a two-story single-family residence on a vacant lot with two car garage, rear balcony/patio cover and front porch totaling to approximately 4,620 square feet. Additionally, the request includes a rear retaining wall 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). Ifihe 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. July 25, 1995, the City adopted its General Plan. Although the ct was established prior to the General Plan's adoption, it complies r the General Plan land use designation of Low Density Wential (RL) Maximum 3 DUlAcre. Additionally, the proposed ect complies with the General Plan objectives and strategies and City's Design Guidelines related to maintaining the integrity of dential neighborhoods and open space. Furthermore, the gosed project is compatible with the architectural style, colors and erial of other homes within the surrounding neighborhood. (g) The design and layout of the proposed development will not interfere ith the use and enjoyment of neighboring existing or future d velopment and will not create traffic or pedestrian hazards. e project site was always planned for the development of a singlefamily residence. The proposed project is a single-family residence, ich is consistent with single family residences established within t e surrounding neighborhood. 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, Chisolm Trail adequately serves the project site and was established to handle minimum traffic created by this type of development. (h) T e 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 C apter 22.48.20. Development Review Standards, City Design G idelines, the City's General Plan, or any T e proposed residence's architectural style, as referred to in the ap lication is Modern Mediterranean. Prominent architectural feature in ludes the front entry and the addition of wood trim as delineated in th elevations. This style is compatible with other residence. A r n - board has been submitted which delineates the fol wing: Stucco colors and fascia trimlwood - two color combination 1 of BeigelSand; and roof trivoli blend (beigeltan). The proposed materialslcolors board is compatible with other residences. 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 (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 colorslmaterials 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 QualityAct (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 judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: E (a) 'rhe project shall substantially conform to site plan, grading plan, floor plan, elevations, final landscape/irrigation plan, and colors/materials Poard collectively labeled as Exhibit "A" dated August 27, 2002, as ubmitted and approved by the Planning Commission, and as mended herein. (b) he site shall be maintained in a condition, which is free of debris loth during and after the construction, addition, or implementation of he entitlement granted herein. The removal of all trash, debris, and efuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste ontractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, ommercial, construction, and industrial areas within the City. It shall e the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to (c) rior to the issuance of any City permits, the applicant shall submit a fi al landscape/irrigation plan for the City's review and approval. Said p an shall delineate plant species, size, quantity and location and shall i clude plant material utilized for rear slope slopes and camouflaging t e retaining walls. Additionally, the lower portion of the slope shall be planted with Myroporum. All landscaping/irrigation shall be installed p for to the project's final inspection or Certificate of (d) P(ior to construction, the applicant shall install temporary construction fe-PC„cing pursuant to the building and Safety Division's requirements al ng the project perimeter. (e) Al retaining walls/walls shall not exceed an exposed height of six feet a d shall be earth tone in color. The fencing upon the retaining wall shall not exceed a height of 3.5 feet. Therefore, the maximum height of the retaining wall and fencing shall not exceed a total of nine feet. B cause of the view from Grand Avenue to the project site, openwork, non -view obscuring fencing on top of the retaining wall shall be . dl 7 J (f) Th residential structure shall not exceed a height of 35 feet as masured from the natural or finished grade adjacent to the exterior g) to the issuance of any City permits, the applicant shall submit a se grading plan, prepared by a civil engineer, licensed by the 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. (h) 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. (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. (j) The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (k) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to -dhe satisfaction of the City engineer. (1) The proposed residence shall comply with the State Energy Conservation Standards. (m) Surface water shall drain away from the proposed residence at a twopercent minimum slope. (n) 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 i such openings are equipped with sash or door. -4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (o) lans shall conform to State and Local Building Code (i.e., 1998 niform Building Code, Uniform Plumbing Code, Uniform Mechanical ode, and the 1998 National Electrical Code) requirements. (p) onstruction plans shall be engineered to meet wind loads of 80 P.H. with a "C" exposbre. (q) -II balconies shall be designed for a 40 -pound per square foot live (r) Building setback from top of slope shall meet Section 18 of the 1998 California Building Code. Building setback H/3 shall be required at t tie front yard top of slope. (s) Prior to the issuance of any construction permits, the applicant shall s bmit construction plans to the Los Angeles County Fire Department for review and approval. (t) T e 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 e vironmental 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 c mmercial/institutional purposes, or otherwise utilized as a separate d elling. The property shall not be used for regular gatherings that re ultLin ,a nuisance or create traffic and parking problems in the (u) 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 Angeles County Recorders Office prior to the issuance of a building permit. grant is valid for two years and shall be exercised , C construction started) within that period or this grant shall expire. ie -year extension of time may be approved when submitted to the in writing at least 60 days prior to the expiration date. The rA 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. (w) 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 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: Mr. and Mrs. Eddie Pinzon, 737 Featherwood Drive, Diamond Bar, CA 91765 and JMJR Design, 1931 Eloise Way, Upland, CA 91784. APPROVED AND ADOPTED THIS 27Th OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. . BY: ' Joe Ruzic a, hairman i i I, James DeStefano, IPlanning 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 27th day of August 2002, by the following vote: AYE-: Ruzicka, Tye, Nelson, Nolan, Tanaka None None ATTEST: