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HomeMy WebLinkAboutPC 2002-32A. 1: 1 A RESOL DIAMONI AND CA SINGLE -I COVEREI APPROXI SITE REI FROM Th STEEPLE BAR, CA. RECITALS 2 3 PLANNING COMMISSION RESOLUTION NO. 2002-32 UTION OF THE PLANNING COMMISSION OF THE CITY OF BAR APPROVING DEVELOPMENT REVIEW NO. 2002-15 rEGORICAL EXEMPTION 15303(x), A REQUEST TO 1CT A THREE STORY (TWO-STORY WITH BASEMENT), AMILY RESIDENCE WITH PORTICO, BALCONIES, ) PATIO, AND BASEMENT GARAGES TOTALING TO MATELY 10,308 GROSS SQUARE FEET AND A SERIES OF AINING WALLS WITH AN EXPOSED HEIGHT VARYING REE (3) TO SIX (6) FEET. THE PROJECT SITE IS 22119 CHASE LANE (LOT 179, TRACT NO. 30578), DIAMOND The property owner, Yogesh K. Paliwal and Applicant, J.C. Dagam, have filed an application to approve Development Review No. 2002-15 for a prope located at 22119 Steeplechase Lane, Diamond Bar, Los Angeles County, California and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Res lution, the subject Development Review and Categorical Exemption shall be referred to as the "Application". On Sep ember 11, 159 property owners within a 500 -foot radius of the project site were notified by mail. On September 13, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inlarid Valley Daily Bulletin newspapers, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing, and three other public places were posted within the vicinity of the application. On Sepber 24, 2002, the Planning Commission of the City of Diamond Bar conlu"cCted a duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planing Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in t is Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 22119 Steeplechase Lane (Lot 179, Tract No. 30578) Diamond Bar, CA, within the gated community identified as The Country Estates. The parcel is 1.16 gross acres and .27 net acres. The lot is shaped irregularly, narrow at the front and sloping downward from Steeplechase Lane to the rear of the property. There is a large Restricted Use Area and street and utility easements on the property. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R-1- 20,000. (c) Generally, the following zones surround the subject site: to the north is the R-1-40,000 Zone and to the south, east and west is the R-1- 20,000 Zone. (d) The application is a request to construct a three story (two-story with basement), single-family residence with portico, balconies, covered patio, and basement garages totaling to approximately 10,308 gross square feet. The request also includes a series of site retaining walls with an exposed height varying from three (3) to six (6) feet. DEVELOPMENT REVIEW (e) 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 specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). K 1 1 The vacant project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Rural Residential (Max. 1 du/acre). The proposed use is zoned for single-family residence at R-1-20, 000. The vroposed structure complies with the City's General Plan objectives ind strategies related to maintaining the integrity of residential 7eighborhoods and open space. The structures and placement on the )arcel conform to the site coverage, setback, and height criteria of the 7iamond Bar Development Code. Furthermore, the applicant has )btained the approval of 'The Country Estates" Homeowners' 4ssociation Architectural Committee. There is no specific oradditional -ommunity planned development for the site. (f) he design and layout of the proposed development will not interfere ith the use and enjoyment of neighboring existing or future evelopment, and will not create traffic or pedestrian hazards. project site is currently an undeveloped lot within an existing tract geed for single-family homes. The proposed new construction > not change the use intended for the site as a single-family fence. The developed property is not expected to unreasonably fere with the use and enjoyment of neighboring existing or future dopment, and will not create traffic or pedestrian hazards. project site is adequately served by Steeplechase Lane. This ,te street is designed to handle minimum traffic created by this of development. (g) The architectural design of the proposed development is compatible w th the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design G idelines, or any applicable specific plan. e proposed project's architectural design and palette are cc mpatible with the eclectic architectural style of other homes within TI e Country Estates, and are consistent with the City's General Plan, Di velopment Code, and Design Guidelines. The proposed project's ar hitectural style is Mediterranean. The project's architectural fe tures include the use balconies with precast balustraders, two- story entry/foyer with glass and columns and additional two-story bay windows at the streetscape for the den and library, and layering of materials and finishes via the trimmed stucco details: crown molding, ' an window treatments and also the multi-levels of roof lines of "Standard Red" roof tile to add texture and contrast. The applicant has received the approval of `The Country Estates" Homeowners Association Architectural Committee. The color board is attached. 3 With the added condition of approval for more landscaping to screen the retaining in the rear and side yards and with a maximum height of six feet, the walls are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) 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. A project colors/materials board is provided as Exhibit "A" The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project 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. Structural plan checks, City permits and inspections, soils report review and approval, and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Steeplechase Lane is hilly. The parcels on Steeplechase Lane generally follow the ridgeline and slope from the street downward to the rear of the lots. The subject site is higher at street level, sloping to lower elevations toward the rear of the property. By maintaining the allowed height of 35 feet, the proposed residential structure allows view corridors to its neighbors. Therefore, the proposed residence will not have significant detrimental view blockage impact. {j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Ouality Act of 1,970 (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and materials/colors board collectively labeled as Exhibit 4 1 1 1 A" dated September 24, 2002, as submitted to and approved by the Manning Commission. (b) The subject site shall be maintained in a condition that is free of ebris both during and after the construction, addition, or mplementation of the entitlement granted herein. The removal of all rash, debris, and refuse, whether during or subsequent to onstruction, shall be done only by the property owner, applicant or by my 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 ity. It shall be the applicant's obligation to insure that the waste ontractor utilized has obtained permits from the City of Diamond Bar t provide such services. (c) Before construction begins, the applicant shall install temporary c nstruction 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. (d) T e Applicant shall provide temporary sanitation facilities while under (e) T le Applicant shall complete a revised Tree Preservations Statement. A Jditionally, prior to the issuance of any permits, Tree Protection R quirements as required per Development Code Section 22.38.140 st iall be installed for the Walnut trees. The grading inspections shall c nfirm the protection of the walnut trees. PUBLIC WORKS (f} T1 e Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the Public Works Division prior to issuance of grading or retaining wall permits. The so Is report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (g) A th ar a 1. 2. 3. grading and retaining wall plan shall be required. In accordance with City's grading requirements, the grading plan shall be reviewed 1 approved by the City before the issuance of a grading permit. On rading plan the following shall be delineated: Protected/Preserved species of trees and fencing requirements; Indicate the Restricted Use Area on the grading plan; Cut and fill quantities and earthwork calculations and export location; All flow lines, finished surfaces, and finished grades; 5 5. Proper drainage with detailed sketches, surface water shall drain away from the building at a 2% minimum slope; 6. Proposed and existing grades; 7. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 8. Clearly delineate all easements (i.e. Flood Hazard Area and Recreation Easements); 9. Retaining walls shall not be constructed of wood or wood products; 10. Retaining walls shall be required to be ornamental by using stucco or decorative block; 11. Engineered calculations shall be submitted with retaining walls (APWA Standard is not applicable); 12. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; 13. All grading shall be subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 14. Hydrology calculations showing capacity of proposed drainage devices as well as existing drainage structures on site shall be reviewed and approved by Public Works Division; 15. Railings atop retaining walls holding a fill shall not exceed a maximum height of 42 inches. (h) Applicant shall follow special requirements as required by the City Engineer for any construction in a Restricted Use Area. This may include the approved soils report and a Covenant and Agreement being recorded and returned to the City prior to the issuance of any grading or retaining wall permits. (i} If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (j) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15, through April 15. 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. 0 J 1 1 (k) pplicant shall verify that the project site is currently connected to the ublic sewer system and impacts on the sewage capacity as a result f the proposed structure shall be approved. (1) pplicant shall submit an application to the Walnut Valley Water istrict as necessary, and submit their approval to the Building and afety Division prior to the issuance of building permits. BUILDING AND SAFETY (m) ite, driveway grade, and house design shall be approved by the Fire epartment. The maximum slope is 15% per the Public . Works (n) The single-family structure shall meet the 1998 California Building ode, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (o) The minimum design wind pressure shall be 80 miles per hour and exposure. (p) T e single-family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of t at fire zone: 1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 2. All enclosed 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 nor more than 1/z inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum 1/2 inch screen. (q) Th s single-family structure shall meet the State Energy C nservation Standards. (r) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (s) All sleeping rooms shall have windows that comply with egress req irements. 7 (t) All balconies shall be designed for 40 pound per square foot live load. (u) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (v) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (w) Application shall provide window and door schedule for Building and Safety plan check. PLANNING DIVISION (x) A revised landscape plan shall be submitted to the Planning Division for review and approval priorto the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. (y) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (z) Maximum 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 the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (aa) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not 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 neighborhood. (bb) 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's Recorder's Office prior to the issuance of a building permit. 8 1 Fil 1 (cc) he Applicant shall comply with the requirements of the Fire epartment and City Planning, Building and Safety, and Public Works (dd) his grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing t feast 60 days prior to the expiration date. The Planning ommission will consider the extension request at a duly noticed Public hearing in accordance with Chapter 22.72 of the City of famond Bar Development Code. (ee) his 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 and agree to accept all the c nditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (ff) 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 th's project is not exempt from a filing fee imposed because the p ject has more than a deminimis impact on fish and wildlife, the ar plicant shall also pay to the Department of Fish and Game any s ch fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) C�rtify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Yogesh K. Paliwal, 1528 Ruby Court, Diamond Bar, California 91765 and J.C. Dagam, 1000 N. Regal Canyon Drive, Walnut, CA 91 89. APPROVED AND ADO TED THIS 24th DAY OF SEPTEMBER 2002, BY THE PLANNING COMMISSION OF THq CITY OF DIAMOND BAR. 13 Joe Ruzio a-, ChairNman Er] I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 241" day of September 2002, by the following vote: AYES: Nelson, Tanaka, Nolan, V/C Tye, Chair Ruzicka NOES: ABSENT: ABSTAIN: , klqL�9 ATTEST: laYnes DeSt fano, Secretary 10 PLANNING COMMISSION RESOLUTION NO. 2002- A ITION OF THE PLANNING COMMISSION OF THE CITY RESOL OF BAR APPROVING DEVELOPMENT REVIEW NO. DIAMONI 2002-15 'EGORICAL EXEMPTION 15303(a), A REQUEST AND CA TO CT A THREE STORY (TWO-STORY WITH CONSTR BASEMENT), 4MILY RESIDENCE WITH PORTICO, SINGLE- BALCONIES, PATIO, AND BASEMENT GARAGES 1 TOTALING TO IATELY 10,308 GROSS SQUARE FEET COVERE AND A SERIES OF kINING WALLS WITH AN EXPOSED I HEIGHT VARYING iEE (3) TO SIX (6) FEET. THE APPROX PROJECT SITE IS 22119 ;HASE LANE (LOT 179, TRACT I SITE REI FROM Ti STEEPL E BAR, CA. Derty owner, Yogesh K. Paliwal and Applicant, J.C. Dagam, have application to approve Development Review No. 2002-15 for a located at 22119 Steeplechase Lane, Diamond Bar, Los Angeles A. RECITALS 1. California and part of the gated development identified as "The The prc filed Estates", as described in the title of this Resolution. Hereinafter in an propem >lution, the subject Development Review and Categorical Exemption referred to as the "Application". 2. On Sep ember 11, 159 property owners within a 500 -foot radius of the project s to were notified by mail. On September 13, 2002, notification of the public h aring for this project was provided in the San Gabriel Valley Tribune and Inla d Valley Daily Bulletin newspapers, a notice of public hearing on a display oard was posted at the site and displayed for at least 10 days before t e public hearing, and three other public places were posted within the vicini of the application. 3. On Septomber 24 2002, the Planning Commission of the City of Diamond Bar con"rlliucted a duly noticed public hearing on the Application. B RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of he City of Diamond Bar as follows: 1. The Plan ing 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 determines that the project identified above in t is Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 22119 Steeplechase Lane (Lot 179, Tract No. 30578) Diamond Bar, CA, within the gated community identified as The Country Estates. The parcel is 1.16 gross acres and .27 net acres. The lot is shaped irregularly, narrow at the front and sloping downward from Steeplechase Lane to the rear of the property. There is a large Restricted Use Area and street and utility easements on the property. (b) The General Plan Land Use designation is Rural Residential (RR), 1 du/acre. The project site is zoned Single -Family Residence, R- 120,000. (c) Generally, the following zones surround the subject site: to the north is the R-1-40,000 Zone and to the south, east and west is the R- 120,000 Zone. (d) The application is a request to construct a three story (two-story with basement), single-family residence with portico, balconies, covered patio, and basement garages totaling to approximately 10,308 gross square feet. The request also includes a series of site retaining walls with an exposed height varying from three (3) to six DEVELOPMENT REVIEW (e) 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 specialized area (e.g, theme areas, specific plans, community plans, boulevards, or planned developments). K The vacant project site, was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Rural Residential (Max. 1 dulacre). The proposed use is zoned for single-family residence at R-1- 20, 000. The roposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential eighborhoods and open space. The structures and placement on the arcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code. Furthermore, the applicant has obtained the approval of 'The Country Estates" Homeowners' Association Architectural Committee. There is no specific oradditional community planned development for the site. (f) he design and layout of the proposed development will not interfere ith the use and enjoyment of neighboring existing or future evelopment, and will not create traffic or pedestrian hazards. he project site is currently an undeveloped lot within an existing tract esigned for single-family homes. The proposed new construction foes not change the use intended for the site as a single-family r sidence. The developed property is not expected to unreasonably i terfere with the use and enjoyment of neighboring existing or future evelopment, and will not create traffic or pedestrian hazards. e project site is adequately served by Steeplechase Lane. This private street is designed to handle minimum traffic created by this t (g) The architectural design of the proposed development is compatible w 1 h the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development c ntemplated by Chapter 22.48, the General Plan, City Design G idelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within T tie Country Estates, and are consistent with the City's General Plan, Development Code, and Design Guidelines. The proposed project's architectural style is Mediterranean. The project's architectural features include the use balconies with precast balustraders, twostory entry/foyer with glass and columns and additional two-story bay windows at the streetscape for the den and library; and layering of materials and finishes via the trimmed stucco details. crown molding, an window treatments and also the multi- levels of roof lines of "S andard Red" roof tile to add texture and contrast. The applicant has received the approval of "The Country Estates" Homeowners As ociation Architectural Committee. The color board is attached. With the added condition of approval for more landscaping to screen the retaining in the rear and side yards and with a maximum height of six feet, the walls are compatible with the neighborhood. Many homes in the Country Estates have similar structures. (h) 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. A project colorslmaterials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project 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. Structural plan checks, City permits and inspections, soils report review and approval, and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the The terrain in the vicinity of Steeplechase Lane is hilly. The parcels on Steeplechase Lane generally follow the ridgeline and slope from the street downward to the rear of the lots. The subject site is higher at street level, sloping to lower elevations toward the rear of the property. By maintaining the allowed height of 35 feet, the proposed residential structure allows view corridors to its neighbors. Therefore, the proposed residence will not have significant detrimental view blockage impact. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the Califomia Environmental Quality Act of 1970 (CEQA), Section 15303(x). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations and materials/colors board collectively labeled as Exhibit 0 A" dated September 24, 2002, as submitted to and approved by the 'lanninq Commission. (b) he subject site shall be maintained in a condition that is free of ebris both during and after the construction, addition, or mplementation of the entitlement granted herein. The removal of all rash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by July permitted waste contractor, who has been authorized by the City t provide collection, transportation, and disposal of solid waste from sidential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste ontractor utilized has obtained permits from the City of Diamond Bar t provide such services. (c) efore construction begins, the applicant shall install temporary c nstruction 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. (d) TL -,e Applicant shall provide temporary sanitation facilities while under (e) T e Applicant shall complete a revised Tree Preservations Statement. A ditionally, prior to the issuance of any permits, Tree Protection R quirements as required per Development Code Section 22.38.140 s all be installed for the Walnut trees. The grading inspections shall c nfirm the protection of the walnut trees. PUBLIC WORKS (f) T e Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the Public Works Division prior to issuance of grading or retaining wall permits. The so Is report shall also reference the suitability of the retaining walls to wi hstand pressure of the retained soils and proposed development. (g) A rading and retaining wall plan shall be required. In accordance with City's grading requirements, the grading plan shall be reviewed I approved by the City before the issuance of a a grading permit. On rading plan the following shall be delineated: Protected/Preserved species of trees and fencing requirements; 2 Indicate the Restricted Use Area on the grading plan; • Cut and fill quantities and earthwork calculations and export location; 4 All flow lines, finished surfaces, and finished grades; 5 5. Proper drainage with detailed sketches, surface water shall drain away from the building at a 2% minimum slope; 6. Proposed and existing grades; 7. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 8. Clearly delineate all easements (i.e. Flood Hazard Area and Recreation Easements); 9. Retaining walls shall not be constructed of wood or wood products; 10. Retaining walls shall be required to be ornamental by using stucco or decorative block; 11. Engineered calculations shall be submitted with retaining walls (APWA Standard is not applicable); 12. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet; 13. All grading shall be subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 14. Hydrology calculations showing capacity of proposed drainage devices as well as existing drainage structures on site shall be reviewed and approved by Public Works Division; 15. Railings atop retaining walls holding a fill shall not exceed a maximum height of 42 inches. (h) Applicant shall follow special requirements as required by the City Engineer for any construction in a Restricted Use Area. This may include the approved soils report and a Covenant and Agreement being recorded and returned to the City prior to the issuance of any grading or retaining wall permits. (i) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (j) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15, through April 15. 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. 9 (k) Applicant shall verify that the project site is currently connected to the ublic sewer system and impacts on the sewage capacity as a result f the proposed structure shall be approved. (1) pplicant shall submit an application to the Walnut Valley Water istrict as necessary, and submit their approval to the Building and afety Division prior to the issuance of building permits. BUILDING AND (m) ite, driveway grade, and house design shall be approved by the Fire epartment. The maximum slope is 15% per the Public Works. (n) he single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (o) he minimum design wind pressure shall be 80 miles per hour and "C" exposure. (P single-family structure requires Fire Department approval and is ted in "Fire Zone 4" and shall meet the following requirements of fire zone: All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; All enclosed 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 nor more than -/z inch in any dimension except where such openings are equipped with sash or door; 4 Chimneys shall have spark arresters of maximum 1/2 inch screen. (q single-family structure shall meet the State Energy servation Standards. (r) Du to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (s) All sleeping rooms shall have windows that comply with egress requirements. 7 (t) All balconies shall be designed for 40 pound per square foot live load (u) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (v) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (w) Application shall provide window and door schedule for Building and Safety plan check. PLANNING DIVISION (x) A revised landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. (y) The front yard landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (z) Maximum 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 the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and (aa) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not 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 neighborhood. (bb) The applicant shall complete and record a "Covenant and Agreement _. t Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angele County's Recorder's Office prior to the issuance of a building permit. 8 (cc) he Applicant shall comply with the requirements of the Fire epartment and City Planning, Building and Safety, and Public Works (dd) his grant is valid for two (2) years and shall be exercised (i.e. onstruction) within that period or this grant shall expire. A one -(1) ear extension may be approved when submitted to the City in writing t least 60 days prior to the expiration date. The Planning ommission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of iamond Bar Development Code. (ee) his 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 iamond Bar Community and Development Services Department, t eir affidavit stating that they are aware and agree to accept all the c nditions of this grant. Further, this grant shall not be effective until t e permittee pays remaining City processing fees. (ff) 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 s ch 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) F rthwith transmit a certified copy of this Resolution, by certified mail to Yogesh K. Paliwal, 1528 Ruby Court, Diamond Bar, California 91 65 and J. C. Dagam, 1000 N. Regal Canyon Drive, Walnut, CA 91 89. APPROVED AND ADOPTED THIS 24"' DAY OF SEPTEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. y. , YTrt Joe R 9 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 24"' day of September 2002, by the following vote: AYES: Nelson, Tanaka, Nolan, V/C Tye, Chair Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: "" Ja es DeSt-fano, Secretary