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HomeMy WebLinkAboutPC 2002-3117 L-1 A RESOL DIAMONi A REQU RESIDE? COCHEA APPROX LOCATEI NO. 4785 A. RECITALS B. 1 PLANNING COMMISSION RESOLUTION NO. 2002-31 ITION OF THE PLANNING COMMISSION OF THE CITY OF BAR APPROVING DEVELOPMENT REVIEW NO. 2002-21, ST TO CONSTRUCT A TWO-STORY SINGLE FAMILY :E WITH TWO GARAGES EACH WITH TWO BAYS, PORTE , PATIO COVERS AND BALCONIES TOTALING TO IIATELY 10,500 SQUARE FEET. THE PROJECT SITE IS AT 2878 WATER COURSE DRIVE {LOT 12, TRACT I, DIAMOND BAR, CALIFORNIA. The pr perty owner, Mickey Cheng, and applicant, Sanyao International, Inc., have filed an application for Development Review No. 2002-21 for a propertl located at 2878 Water Course Drive, Diamond Bar, Los Angeles County California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On Auc ust 30, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On August 28, 2002, public hearing notices were mailed to approxi Tiately 37 property owners of record within a 500 -foot radius of the project. Furthermore, the public hearing notice was posted in three public places i vithin the City of Diamond Bar and the project site was posted with a display board on August 29, 2002, 3. On September 10, 2002, the Planning Commission of the City of Diamond Bar co ducted and concluded a duly noticed public hearing on the NOW, THERI$FORE, it is found, determined and resolved by the Planning Commission of the Citv of Diamond Bar as follows: This PInning Commission hereby specifically finds that all of the facts set forth in he 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, Section 15301(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 a 50 -lot subdivision approved by the City Council on June 6, 1995. The project site is located at 2878 Water Course Drive (Lot 12, Tract No. 47850) adjacent to a gated community identified as "The Country Estates". The project site, a vacant, rectangular shaped lot that slopes down toward the rear. According to the Tract Map, the project site has several easements and is approximately 51,854 square feet (1.18 acres) with a pad area of 17,888 square feet. Easements are located within the front and rear portion of the project site. The easements within the front portion are related to access purposes, public utility and services and sanitary sewer. The easements within the rear portion are related to slope and drainage maintenance, restricted use area and open space and contain natural vegetation per the City's approved Mitigation Monitoring Plan that is part of the Tract Map approval. (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 zones surround the project site: To the north is the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; to the east is the R-1-20,000 Zone; and to the west is the Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Zone. W; (e) he Application request is to construct a two-story single-family 'residence of with two garages each with two bays, a porte orchere/front entry, balcony and patio covers totaling to pproximately 10,500 square feet. Additionally, the project request includes retaining walls with a maximum exposed height of six feet ithin the rear, side and front yards and a swimming pool/spa. (f} he design and layout of the proposed development is consistent with t ie applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, esign guidelines, and architectural criteria for special areas ( .g., theme areas, specific plans, community plans, boulevards or tanned developments). riginally, Tract Map No. 47850 was submitted as a vesting tentative t act map. At that time, the City was operating under a draft General Ian. The General Plan was adopted on July 25, 1995. Vesting entative Tract Map No. 47850 was approved on June 5, 1995. owever, this vesting map was designed at 25 percent below the maximum allowable density and has an overall average density of 149 dwelling units per acre which complies with the General Plan ' lend use designation of Rural Residential (Maximum 1 DU/AC). A ditionaily, the proposed project complies with the General Plan o 5jectives and strategies and the City's Design Guidelines related to aintaining the integrity of residential neighborhoods and open s 7ace. Furthermore, the proposed project is compatible with the eclectic architectural style, colors and materials of other homes within T act No. 47850 and adjacent "Country Estates." 1 (g) T e design and layout of the proposed development will not interfere w th the use and enjoyment of neighboring existing or future d velopment and will not create traffic or pedestrian hazards. act Map No. 47850's Environmental Impact Report No. 91-2 rtified by the City addresses the design and layout of the ighborhood as well as the flow of pedestrian and vehicular traffic. Replechase Lane and Water Course Drive and other access roads the tract adequately serve the project site as presented in the ,vironmental impact Report. These private streets are designed to ndle minimum traffic created by this gated residential development. erefore, the use of a contemplated single-family residence will not grfere with the use and enjoyment of neighboring existing or future velopment and will not create traffic or pedestrian hazards. 3 (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. A proposed prominent architectural featurelfocal point of the residence is the porte cocherelfront entry flanked by columns, quoin accents, window style and balconies with wrought iron. Furthermore, architectural treatment extends to all sides of the proposed residential structure. Considering the proposed residence's location, variation in earth tone colors, difference in roof material and variation in architectural styles between the proposed residence which is Classic French and existing residences within the tract, the project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with Vesting Tract Map No. 47850's development standards. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (f), (g) and (h), the colors/materials board, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color, texture and a low level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the 4 1 4i I�j 1 nit and inspection process will ensure that the proposed project is detrimental to the public health, safety or welfare or materially nous to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the rovisions of the California Environmental Quality Act (CEQA); suant to the provisions of the California Environmental QualityAct 'QA), Section 15301(a) and guidelines promulgated thereunder, City has determined that this project is categorically exempt. Based n the findings and conclusions set forth above, the Planning Commi sion hereby approves the Application subject to the following conditio s: (a) a project shall substantially conform to site plan, floor plan, e evations, landscape/irrigation plans and colors/materials board c Ilectively labeled as Exhibit "A" dated September 10, 2002 as s bmitted and approved by the Planning Commission, and as amended herein. (b) T e site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of t e 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 b the applicant's obligation to insure that the waste contractor utilized h s obtained permits from the City of Diamond Bar to provide such (c) th 1 ithin 60 of final inspection or issuance of a Certificate of ;cupancy, the applicant shall submit a landscape/irrigation plan for City's review and approval. Said plan shall reflect the landscape idelines set forth by Tract No. 47850 and delineate plant species, :e, quantity and location. Landscaping/irrigation shall be installed 'hin six months of occupancy. Additionally, the applicant shall be juired to replace any plant material destroyed and/or removed ring the construction of the rear retaining wall. Furthermore, the !sting irrigation system on the slope is required to be in good irking order when the retaining wall's construction is completed. or to the issuance of any City permits, the applicant shall be fuired to submit a landscape/irrigation plan for this area that lineates plant species, size, quantity and location to be removed 5 and/or replaced to the City's Planning Division. Said Ian dscaping/irrigation shall be reviewed and approved by the Planning Commission and installed prior to final inspection/Certificate of Occupancy. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the 'Buyers' Awareness Package." In the event no one has purchased the property, thea the receipt shall be submitted before approval of future improvements (i.e., hardscape, landscaping, pool/spa, retaining walls, etc.). (f) Walls/retaining walls, pilasters and similar structures located within the front yard setback shall not exceed an exposed height of 42 inches. Wall/retaining walls located in the side yard (not within the front setback) shall not exceed an exposed height of six feet. (g) 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. (h) 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. (i) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior walls. The 35 foot height shall include the chimneys. (j) If 50 cubic yards of earthwork or more occur, prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: i✓ 1 1 Existing and proposed topography; All finish surface and finished grade elevation and flow lines; Cut and fill quantities and earth work calculation; Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; Flow lines throughout the site including drainage behind the walls; and All easements. (k) ff applicable, prior to the issuance of any City permits, the applicant hall submit a soils report for the City's review and approval that ii icorporates the scope of the proposed development and appropriate r commendations for the project's construction. (1) rior to the issuance of any City permits, the applicant shall submit a roper drainage plan indicating details and sections for the City's r view and approval. (m)efore the issuance of any City permits, the applicant shall submit an rosion control plan for the City's review and approval. The erosion c ntrol plan shall conform to National Pollutant Discharge Elimination ystem (NPDES) standards and incorporate the appropriate Best anagement Practices (BMP's). Additionally, the applicant shall btain the necessary NPDES permits. (n) he applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public orks and the Sanitation District. (o) The proposed residence shall comply with the State Energy Conservation Standards. (p) Surface water shall drain away from the proposed residence at a two - p rcent minimum slope. (q) The proposed single-family residence is located within "Fire Zone 4" a d shall meet all requirements of said zone. All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame of members under the fire. All unenclosed under -floor areas shall be constructed as exterior walls. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less 7 than 1/4 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 112 inch screen. (r) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and 1997 National Electrical Code) requirements. (s) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (t) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (u) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (v) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (w) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25-00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and E-3 1 1 {b} orthwith transmit a certified copy of this Resolution, by certified mail, iocl : Mickey Cheng, 2085 Peck Road, South El Monte, CA 91733, and anyao International, Inc., 255 Santa Clara Street, #200, Arcadia, CA 006. APPROVED ND ADOPTED THIS 10TH DAY OF SEPTEMBER 2002, BY THE PLANNING COMMI SION OF THE CITY OF DIAMOND BAR. AA n I, James DeStefano, tanning Commission Secretary, do hereby certify that the foregoing Resolution was duly i itroduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of September 2002, by the following vote: AYE : Nelson, Nolan, NOES: None ABS NT: None ABSTAIN: None Tanaka, V/C Tye, C/Ruzicka ATTEST: James DeStefrano, Secretary N ►. RECITALS PLANNING COMMISSION RESOLUTION NO. 2002- A 'TION OF THE PLANNING COMMISSION OF RESi OF BAR APPROVING DEVELOPMENT RE DIAM 2002-21, 3T TO CONSTRUCT A TWO-STOF C A FAMILY ;E WITH TWO GARAGES EACH REC BAYS, PORTE , PATIO COVERS AND B RESID TOTALING TO IATELY 10,500 SQUARE I COCH PROJECT SITE IS AT 2878 WATER COUF I (LOT 12, TRACT i, DIAMOND BAR, CALIFOR ist 30, 2002, notification of the public hearing for this project was THE CITY VIEW NO. ,Y SINGLE KITH TWO ALCONIES :EET. THE ;SE DRIVE VIA. The property owner, Mickey Cheng, and applicant, Sanyao International, Inc., have filed an application for Development Review No. 2002-21 for a prope located at 2878 Water Course Drive, Diamond Bar, Los Angeles County California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On Au 3. On Sepitember 10, 2002, the Planning Commission of the City of Diamond Bar coducted and concluded a duly noticed public hearing on the Applica ion. rovide lin the San Gabriel Valley Tribune and Inland Valley Daily Bulletin B NOW, THEI Commission ewspa Ders. On August 28, 2002, public hearing notices were mailed to roxi ately 37 property owners of record within a 500 -foot radius of the roject. Furthermore, the public hearing notice was posted in three public laces ithin the City of Diamond Bar and the project site was posted with is la oard on August 29, 2002. 3. On Sepitember 10, 2002, the Planning Commission of the City of Diamond Bar coducted and concluded a duly noticed public hearing on the Applica ion. NOW, THEI FORE, it is found, determined and resolved by the Planning the City Commission of Diamond Bar as follows: This ng Commission hereby specifically finds that all of the facts set Pli 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, Section 15301(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 a 50 -lot subdivision approved by the City Council on June 6, 1995. The project site is located at 2878 Water Course Drive (Lot 12, Tract No. 47850) adjacent to a gated community identified as "The Country Estates". The project site, a vacant, rectangular shaped lot that slopes down toward the rear. According to the Tract Map, the project site has several easements and is approximately 51,854 square feet (1.18 acres) with a pad area of 17,888 square feet. Easements are located within the front and rear portion of the project site. The easements within the front portion are related to access purposes, public utility and services and sanitary sewer. The easements within the rear portion are related to slope and drainage maintenance, restricted use area and open space and contain natural vegetation per the City's approved Mitigation Monitoring Plan that is part of the Tract Map approval. (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 zones surround the project site: To the north is the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; to the east is the R-1-20,000 Zone; and to the west is the Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Zone. K (e) he Application request is to construct a two-story single-family residence of with two garages each with two bays, a porte orchere/front entry, balcony and patio covers totaling to pproximately 10,500 square feet. Additionally, the project request i cludes retaining walls with a maximum exposed height of six feet within the rear, side and front yards and a swimming pool/spa. (f) he design and layout of the proposed development is consistent with tie applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, esign guidelines, and architectural criteria for special areas (.g., theme areas, specific plans, community plans, boulevards or lanned developments). Originally, Tract Map No. 47850 was submitted as a vesting tentative t act map. At that time, the City was operating under a draft General Ian. The General Plan was adopted on July 25, 1995. Vesting entative Tract Map No. 47850 was approved on June 5, 1995. However, this vesting map was designed at 25 percent below the aximum allowable density and has an overall average density of 149 dwelling units per acre which complies with the General Plan i nd use designation of Rural Residential (Maximum 1 DUTAC). 4 ditionally, the proposed project complies with the General Plan Jjectives and strategies and the City's Design Guidelines related to aintaining the integrity of residential neighborhoods and open ;ace. Furthermore, the proposed project is compatible with the - - lectic architectural style, colors and materials of other homes within r act (g) The design and layout of the proposed development will not interfere w h the use and enjoyment of neighboring existing or future d;velopment and will not create traffic or pedestrian hazards. act Map No. 47850's Environmental Impact Report No. 91-2 vtified by the City addresses the design and layout of the righborhood as well as the flow of pedestrian and vehicular traffic. eeplechase Lane and Water Course Drive and other access roads the tract adequately serve the project site as presented in the ivironmental Impact Report. These private streets are designed to ndle minimum traffic created by this gated residential development. -erefore, the use of a contemplated single-famiiy residence will not en'ere with the use and enjoyment of neighboring existing or future veiopment and will not create traffic 91 (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any A proposed prominent architectural featurelfocal point of the residence is the porte cocherelfront entry flanked by columns, quoin accents, window style and balconies with wrought iron. Furthermore, architectural treatment extends to all sides of the proposed residential structure. Considering the proposed residence's location, variation in earth tone colors, difference in roof material and variation in architectural styles between the proposed residence which is Classic French and existing residences within the tract, the project will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally, as approved the proposed project will be compatible with Vesting Tract Map No. 47850's development standards. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings (f), (g) and (h), 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, 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 4 permit and inspection process will ensure that the proposed project is riot detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) he proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); suant to the provisions of the California Environmental QualityAct 'QA), Section 15301(x) and guidelines promulgated thereunder, City has determined that this project is categorically exempt. 5. Based n the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following (a) e project shall substantially conform to site plan, floor plan, e evations, landscape/irrigation plans and colors/materials board c Ilectively labeled as Exhibit "A" dated September 10, 2002 as s bmitted and approved by the Planning Commission, and as a ended herein. (b) Tie site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of t e entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done o ly 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 b the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond (C ithin 60 of final inspection or issuance of a Certificate of ;cupancy, the applicant shall submit a landscape/irrigation plan for s City's review and approval. Said plan shall reflect the landscape idelines set forth by Tract No. 47850 and delineate plant species, :e, quantity and location. Landscaping/irrigation shall be installed fin six months of occupancy. Additionally, the applicant shall be -uired to replace any plant material destroyed and/or removed ring the construction of the rear retaining wall. Furthermore, the isting irrigation system on the slope is required to be in good irking order when the retaining wall's construction is completed. for to the issuance of any City permits, the applicant shall be auired to submit a landscape/irrigation plan for this area that lineates plant species, size, quantity and location to be removed 5 and/or replaced to the City's Planning Division. Said landscaping/irrigation shall be reviewed and approved by the Planning Commission and installed prior to final inspection/Certificate of Occupancy. (d) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (e) Prior to final inspection or the issuance of a Certificate of Occupancy, the applicant shall submit to the City Planning Division written evidence indicating the buyer's receipt of the "Buyers' Awareness Package." In the event no one has purchased the property, then the receipt shall be submitted before approval of future improvements (i.e., hardscape, landscaping, pooVspa, retaining walls, etc.). (f) Walls/retaining walls, pilasters and similar structures located within the front yard setback shall not exceed an exposed height of 42 inches. WalVretaining walls located in the side yard (not within the front setback) shall not exceed an exposed height of six feet. (g) 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 commerciaVinstitutional 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. (h) 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. (i) The residential structure shall not exceed a height of 35 feet as measured from the natural or finished grade adjacent to the exterior walls. The 35 foot height shall include the chimneys. Q) If 50 cubic yards of earthwork or more occur, prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: 0 Existing and proposed topography; All finish surface and finished grade elevation and flow lines; Cut and fill quantities and earth work calculation; Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; Flow lines throughout the site including drainage behind the walls; and All easements. (k) I applicable, prior to the issuance of any City permits, the applicant hall submit a soils report for the City's review and approval that i corporates the scope of the proposed development and appropriate r commendations for the project's construction. (1) Prior to the issuance of any City permits, the applicant shall submit a proper drainage plan indicating details and sections for the City's roview and approval. (m) Before the issuance of any City permits, the applicant shall submit an rosion control plan for the City's review and approval. The erosion c ntrol plan shall conform to National Pollutant Discharge Elimination ystem (NPDES) standards and incorporate the appropriate Best anagement Practices (BMP's). Additionally, the applicant shall btain the necessary NPDES permits. (n) The applicant shall be responsible for sewer connection and shall ensure connection with Los Angeles County Department of Public orks and the Sanitation District. (o) The proposed residence shall comply with the State Energy ($onservation Standards. (p) Slurface water shall drain away from the proposed residence at a twoplercent minimum slope. (q) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. 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. All unenclosed under -floor areas shall be constructed as exterior walls. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less 7 than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (r) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and 1997 National Electrical Code) requirements. (s) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (t) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (u) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (v) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (w) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines 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, o: Mickey Cheng, 2085 Peck Road, South EI Monte, CA 91733, and anyao International, Inc., 255 Santa Clara Street, #200, Arcadia, CA 1006. APPROVED ND ADOPTED THIS 10TH DAY OF SIPTEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Nelson, Nolan, Tanaka, V/C Tye, C/Ruzicka BY NOES: None 4BS NT: None 4BS IN: None I, James DeStefano, lanning Commission Secretary, do hereby certify that the foregoing Resolution was duly i troduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of September 20P2, by the following vote: AYE ATTEST: -o James De; Secretary 9