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HomeMy WebLinkAboutPC 2003-20r� PLANNING COMMISSION RESOLUTION NO. 2003-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE C TY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2 03-02, AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND ADD A FIRST AND SECOND STORY ADDTION OF APPROXIM TELY 4,290 SQUARE FEET INCLUDING A PATIO COVER, BALCONY AND ADDITIONAL GARAGE SPACE TO AN EXISTING TWO- TORY SINGLE- FAMILY RESIDENCE OF APPROXIMATELY 2,900 SQUARE FEET WITH A THREE CAR GARAGE. THE REQUEST 1NCLU ES A REAR YARD RETAINING WALL WITH MAXIMUM EXPOSED H IGHT OF SIX FEET. THE PROJECT SITE IS LOCATE AT 24108 CROMARTY DRIVE (LOT 21, TRACT NO. 42572), DIAl OND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Mr. Chieh-Shih Wang and applicant, Kamen Lai, have filed an application for Development Review No. 2003-02 and catego ical exemption for a property located at 24108 Cromarty Drive, Diamond Bar, os Angeles County, California. Hereinafter in this Resolution, the sub ect Development Review and categorical exemption shall be refe ed to as the "Application." 2. On June 24, 2003, public hearing notices were mailed to approximately 51 property owners within a 500 -foot radius of the project site. On June 27, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers and the project site was posted with a display board. On June 2 , 2003, he public notice was posted in three public places. 3. On July 8, 2003, the Planning Commission of the City of Diamond ar conducted and concluded a duly noticed public hearing on the Applicati n. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by tf�e Plann Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of �e facts et forth in the Recitals, Part A, of this Resolution are true and cor ct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301(e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment 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 site is located at 24108 Cromarty Drive (Lot 20, Tract No. 42572). It is an irregular shaped lot of approximately 52,272 gross square feet (1.20 gross acres) sloping up toward the rear and east property lines. According to the Tract Map, the project site does not contain any easements or a restricted use area. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC- (c) The project site is within the Single Family Residence -Minimum Lot Size 10,000 Square Feet (R-1-10,000) zone. (d) Generally, the following zones surround the project site: to the north and west is the R-1-10,000 zone and to the south and east is the Residential Planned Development -Minimum Lot Size 20,000 Square Feet (RPD 20,000-2U) zone. (e) The Application request is to remodel and construct a first and second story addition of approximately 4,290 square feet including a patio cover, balcony, additional garage space and front porch to an existing two-story single-family residence of approximately 2,900 square feet with a three car garage. The request also includes the construction of a rear yard retaining wall with a maximum exposed height of six feet in order to expand the existing buildable pad approximately four to _ eight feet. E LJ 1 Development Review (f) The design and layout of the proposed development is -onsister t with the applicable elements of the City's General Plan, City D sign Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevar s or planned developments). The project site, an existing lot, contains a two-story single-family will continue as such with the construction of the propo residence of approximately 2,900 square feet. Thepr-opertyolvner and remodel. The proposed project is consistent with other sin plans to construct a first and second story addition of pproxim tely 4,290 square feet including a patio cover, balcony, ad itional garage veloom space and front porch. The project site is approximately 52,272 square feet (1.20 gross acres) located within an existing subdiv sion of one and two-story single-family residences. The pre ent use C f the project site is single-family residential with many of the homes in the neighborhood ranging from approximately 2,900 to 8, 000 square eet. The project site is adequate in size to accommodate he proposed development. The addition meets all the City's development standards as presented in the Development Code and the proposed colors and materials are compatible with residences su oundind the project site while offering variety in colors and textures As a re 5ult, the proposed project will provide a desirable environm ntwithgood aesthetic use of materials, textures and colors tha will remain aesthetically appealing while offering variety. On July 25, 1995, the City adopted its General Plan. Although the Tract was established prior to the General Plan's adoption, it com lies with the General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. The proposed add tion does not alter the General Plan density. Additionally, the prop sed prc! ct complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. (g) The design and layout of the proposed development will not interf re with the use and enjoyment of neighboring existin or fut re development and will not create traffic or pedestrian ti aro . The project site is currently utilized for a single-family residence will continue as such with the construction of the propo ed add and remodel. The proposed project is consistent with other sin family residences established within the surrounding ne ghboncc As a result, the proposed project is not expected to intertlere with use and enjoyment of neighboring existing or future d veloom 9 The project site is 1.20 gross acres and is large enough to accommodate the proposed project as designed. The proposed addition and remodel to the existing 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, Cromarty Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. (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. According to the applicant, the proposed residence's architectural style is Contemporary/Mediterranean. This architectural style is different from the existing style. However, it is architecturally compatible with other adjacent residences and new homes within adjacent Tract No. 31977 (Andrew King Tract). This residence with the proposed addition and remodel is also comparable to the square footage of the new homes in Tract 31977. Prominent architectural features include the front entry flanked with columns, Palladian type windows and window fenestration. Varied planes are utilized on all four elevations of the residence to minimize the single-family structure's mass, thereby giving it depth and substance. 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 4 property values or resale(s) of property) to the properys or improvements in the vicinity; and Before the issuance of any City permits, the proposed prof ct is required to comply with all conditions within the approved resoi ution 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 prof ct is not detrimental to the public health, safety or welfare or mat rially injurious to the properties or Improvements in the vicinity. (k) The proposed project has been reviewed in compli nce wit the provisions of the California Environmental Quality Act CEQA); Pursuant to the provisions of the California Environme tal Qualit Act (CEQA), Section 15301(e), the City has determined tt. at the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the indepen ent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, he Planing Commission hereby approves the Application subject to he folio ing conditions: (a) The project shall substantially conform to site plan, grad ng plan, floor plan, elevations, sections, final land scape/irrigatio plan and colors/materials board collectively labeled as Exhibit "A" dated Ju y 8, 2003, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of de ris both during and after the construction, addition, or imple entatio i of the entitlement granted herein. The removal of all trash debris, and refuse, whether during or subsequent to constructions all bedone only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collecti n, transportation, and disposal of solid waste from residen ial, commercial, construction, and industrial areas within the City. It sliall be the applicant's obligation to insure that the waste contractor utili ed has obtained permits from the City of Diamond Bar to p rovide SL ch services. (c) All landscaping/irrigation shall be installed prior to the p oject's fi lal inspection or Certificate of Occupancy issuance. All landE caping s all be maintained in a neat and orderly manner and substa tially freof weeds, debris and dead, diseased or drying vegetation and brokel or 5 defective decorative elements of the landscape area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Overgrown vegetation that becomes a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. (d) Prior to the issuance of a building permit, the property owner 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 shall be completed and recorded with the Los Angeles County's Recorder's Office. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) All rear retaining wall shall not exceed an exposed height of six feet Retaining walls/walls within the front yard setback shall not exceed 42 inches in height. (g) If 50 cubic yards of earthwork or more occur, prior to the issuance of any City permits, the applicant shall submit a complete grading pian in accordance with the City's grading requirements for the City's review and approval. The grading plan shall delineate the following: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation, flow lines and drainage/drainage outlets; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoff behind the retaining wall will be mitigated; (6) Finished surface and finished -grade; and (7) All easements. (h) 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. 2 1 1 1 (i) If applicable, the applicant shall comply with Standaro Urban torm Water Mitigation Plan requirements to the satisfact on of th City engineer. (j) The proposed residence shall comply with the State Energy Conservation Standards. (k) Surface water shall drain away from the proposed resience at two - percent minimum slope. (1) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be c nstruct d as exterior walls. (3) All openings into the attic, floor and/or other a iclosed areas shall be covered with corrosion -resistant wire rnesh nol less than 1/4 inch or more than 1/2 inch in dimensior except here such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/inch screen. (m) Plans shall conform to State and Local Building C de (i.e., pool Uniform Building Code, Uniform Plumbing Code, Unifo m Mechnical Code, and the 2001 National Electrical Code) requirement! (n) Construction plans shall be engineered to meet ind loads of 80 M.P.H. with a "C exposure. (o) All balconies shall be designed for a 40 -pound per square foo live load. (p) Prior to the issuance of any construction permits, the applicant 3hall submit construction plans to the Los Angeles County Fie Depart nent for review and approval. (q) The single-family residence shall not be utilized in 2 creates adverse effects (i.e., significant levels of du noise, odor, traffic, or other disturbances) upon the neig environmental setting. Additionally, the single-family rE not result in significantly adverse effects on public resources. No portion of the residence shall be rer commercial/institutional purposes, or otherwise utilized 7 manner that 1, glareAght, borhoo and ,idence 3hall service or ad, used for ts a sen rate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (r) Applicant shall obtain an Encroachment Permit from the Public Works Division for any dumpster/container placed in the public right-of-way. (s) Upon completion of construction activities, the Director of Public Works, at his option may require the applicant to restore that portion of the highway facilities (e.g. sidewalks, driveway approach, pavement, etc.,) damaged by this project's construction. (t) 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. (u) 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. (v) 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 '3 1 1 (b) Forthwith transmit a certified copy of this Resolution, by certifiec mail, to: Mr. Chiehh-Shih Wang, 24108 Cromarty Drive, Diamond Ber, CA 91765, and Kamen Lai, 8748 Valley Boulevard, #K Rosemead, CA 91770 APPROVED AND ADOPTED THIS 8TH OF JULY 2003, BY COMMISSION OF THE CITY OF DIAMOND BAR. BY: L S ve Tye, Ch rman 1, James DeStefano, Planning Commission Secretary, do hereby certify that Resolution was duly introduced, passed, and adopted by the Planning Comi City of Diamond Bar, at a regular meeting of the Planning Commission held c of July 2003, by the following vote: AYES: Commissioner: Ruzicka, Tanaka, C/Tye NOES: None ABSENT: Nelson, Nolan ABSTAIN: None r, ATTEST. James DeStef no, Secretary 9 PLANKING the the Ding the day PLANNING COMMISSION RESOLUTION NO. 2003-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE C TY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2(03-02, AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND ADD A FIRST AND SECOND STORY ADDTION OF APPROXIM TELY 4,290 SQUARE FEET INCLUDING A PATIO COVER, BALCON AND ADDITIONAL GARAGE SPACE TO AN EXISTING TWO- TORY SINGLE- FAMILY RESIDENCE OF APPROXIMATELY 2,900 S UARE FEET WITH A THREE CAR GARAGE. THE REQUEST INCLU ES A REAR YARD RETAINING WALL WITH MAXIMUM EXPOSED H EIGHT OF SIX FEET. THE PROJECT SITE IS LOCATE AT 24108 CROMARTY DRIVE (LOT 21, TRACT NO. 42572), DIA OND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Mr. Chieh-Shih Wang and applicant, Ka en Lai, I• filed an application for Development Review No. 2003-02 an catego exemption for a property located at 24108 Cromarty Drive, Diamond Bar, Angeles County, California. Hereinafter in this Resolution, the sut Development Review and categorical exemption shall be referred to as "Application." On June 24, 2003, public hearing notices were mailed to appr ximatel 51 property owners within a 500 -foot radius of the project site. n June 7, 2003, notification of the public hearing for this project was pro vided in he San Gabriel Valley Tribune and Inland Valley Daily Bulletin new spapers a nd the project site was posted with a display board. On June 21 5, 2003, he public notice was posted in three public places. 3. On July 8, 2003, the Planning Commission of the City of D' amond conducted and concluded a duly noticed public hearing on the IApplica B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by tf—e Plan Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of t e facts forth in the Recitals, Part A, of this Resolution are true and cor .ct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects theindependent judgment 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 site is located at 24108 Cromarty Drive (Lot 20, Tract No. 42572). It is an irregular shaped lot of approximately 52,272 gross square feet (1.20 gross acres) sloping up toward the rear and east property lines. According to the Tract Map, the project site does not contain any easements or a restricted use area. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single Family Residence-Minimum Lot Size 10,000 Square Feet (R-1-10,000) zone. (d) Generally, the following zones surround the project site: to the north and west is the R-1-10,000 zone and to the south and east is the Residential Planned Development-Minimum Lot Size 20,000 Square Feet (RPD 20,000-2U) zone. (e) The Application request is to remodel and construct a first and second story addition of approximately 4,290 square feet including a patio cover, balcony, additional garage space and front porch to an existing two-story single -family residence of approximately 2,900 square feet with a three car garage. The request also includes the construction of a rear yard retaining wall with a maximum exposed height of six feet in order to expand the existing buildable pad approximately four to eight feet. 2 Development Review (f) The design and layout of the proposed development is onsiste t with the applicable elements of the City's General Pla , City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevar s or planned developments). The project site, an existing lot, contains a two-story single-fa mily residence of approximately 2,900 square feet. The p roperty o ner plans to construct a first and second story addition of pproxim tely 4,290 square feet including a patio cover, balcony, add itional ga rage space and front porch. The project site is approxim ately 5,— 272 square feet (1.20 gross acres) located within an existin g subdiv sion of one and two-story single -family residences. The pres ent use f the project site is single -family residential with many of the homes i the neighborhood ranging from approximately 2,900 to 8,0 square feet. The project site is adequate in size to accommodate he propo sed development. The addition meets all the City's developm ent standards as presented in the Development Code and he propo sed colors and materials are compatible with residences su roundin the project site while offering variety in colors and textures As a re ult, the proposed project will provide a desirable environme nt with g ood aesthetic use of materials, textures and colors that will rem ain aesthetically appealing while offering variety. On July 25, 1995, the City adopted its General Plan. /though the Tract was established prior to the General Plan's adoption, it com lies with the General Plan land use designation of ow De ity Residential (RL) Maximum 3 DUTAAC. The proposed add tion does not alter the General Plan density. Additionally, the proposed pro ect complies with the General Plan objectives and strategies and the City's Design Guidelines related to maintaining the integrit of residential neighborhoods and open space. (g) The design and layout of the proposed development will not inter with the use and enjoyment of neighboring existing or fu development and will not create traffic or pedestrian hazards. The project site is currently utilized for a single-family residence will continue as such with the construction of the proposed add and remodel. The proposed project is consistent with ther sin family residences established within the surrounding ne ghborh< As a result, the proposed project is not expected to inte re with use and enjoyment of neighboring existing or future d velopm 3 The project site is 1.20 gross acres and is large enough to accommodate the proposed project as designed. The proposed addition and remodel to the existing 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, Cromarty Drive adequately serves the project site and was established to handle minimum traffic created by this type of development. (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. According to the applicant, the proposed residence's architectural style is Contemporary/Mediterranean. This architectural style is different from the existing style. However, it is architecturally compatible with other adjacent residences and new homes within adjacent Tract No. 31977 (Andrew King Tract). This residence with the proposed addition and remodel is also comparable to the square footage of the new homes in Tract 31977. Prominent architectural features include the front entry flanked with columns, Palladian type windows and window fenestration. Varied planes are utilized on all four elevations of the residence to minimize the single-family structure's mass, thereby giving it depth and substance. 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 4 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 reso ution and the Building and Safety Division, Public Works Division, an Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the prop sed pro] ct is not detrimental to the public health, safety or welfare or mat rially injurious to the properties or improvements in the vici itv. (k) The proposed project has been reviewed in compliance wit I— the provisions of the California Environmental Quality Act CEQA) I, Pursuant to the provisions of the California Environmental Qualit Act (CEQA), Section 15301(e), the City has determined t at the pr ject identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the indepen ent judgment of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, Commission hereby approves the Application subject to conditions: (a) The project shall substantially conform to site plan, grad ng plan, plan, elevations sections, final land scape/irrigatio plan, colors/materials board collectively labeled as Exhibit'A"I dated Jt 2003, as submitted and approved by the Planning Commission, as amended herein. (b) The site shall be maintained in a condition, which is fee of d, both during and after the construction, addition, or imple entab the entitlement granted herein. The removal of all trash debris, refuse, whether during or subsequent to construction s all be c only by the property owner, applicant or by a duly per fitted w contractor, who has been authorized by the City to provide collec transportation, and disposal of solid waste from resider commercial, construction, and industrial areas within the City. It! be the applicant's obligation to insure that the waste contractor util has obtained permits from the City of Diamond Bar to rovide services. (c) All landscaping/irrigation shall be installed prior to the p ojec inspection or Certificate of Occupancy issuance. All land capir be maintained in a neat and orderly manner and substa tially weeds, debris and dead, diseased or drying vegetation and brc 8, of of or 5 defective decorative elements of the landscape area. Foliage in landscaped areas shall be mowed, groomed, trimmed, pruned and adequately watered so as to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood. Overgrown vegetation that becomes a fire hazard when dry or that is otherwise noxious, dangerous or unsightly shall be prohibited. (d) Prior to the issuance of a building permit, the property owner 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 shall be completed and recorded with the Los Angeles County's Recorder's Office. (e) Prior to construction, the applicant shall install temporary construction fencing pursuant to the building and Safety Division's requirements along the project perimeter. (f) All rear retaining wall shall not exceed an exposed height of six feet Retaining walls/walls within the front yard setback shall not exceed 42 inches in height. (g) 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: (1) Existing and proposed topography; (2) All finish surface and finished grade elevation, flow lines and drainage/drainage outlets; (3) Cut and fill quantities and earth work calculation; (4) Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer, and geologist, as required; (5) Retaining wall elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoff behind the retaining wall will be mitigated; (6) Finished surface and finished grade; and (7) All easements. (h) 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. 6 (i) If applicable, the applicant shall comply with Standaro Urban Storm Water Mitigation Plan requirements to the satisfact on of th City engineer. (j) The proposed residence shall comply with the State Conservation Standards. (k) Surface water shall drain away from the proposed residence at $ two - percent minimum slope. (I) The proposed single-family residence is located withi "Fire Zo ne 4" and shall meet all requirements of said zone. (1) All roof covering shall be "Fire Retardant." Til e roof sh all be fire stopped at the eaves to preclude entry o f the flam e or members under the fire. (2) All unenclosed under -floor areas shall be c nstruct d as exterior walls. (3) All openings into the attic, floor and/or other a closed a reas shall be covered with corrosion -resistant wire esh no less than 1/4 inch or more than 1/2 inch in dimensio except here such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maxi um 1/ inch screen. (m) Plans shall conform to State and Local Building C de (' e-, 001 Uniform Building Code, Uniform Plumbing Code, Unifo m Mecha nical Code, and the 2001 National Electrical Code) require ents. (n) Construction plans shall be engineered to meet veind loads of 80 M.P.H. with a "C" exposure. (o) All balconies shall be designed for a 40 -pound per square fook live load. (p) Prior to the issuance of any construction permits, the pplicant submit construction plans to the Los Angeles County Fi—e Deparl for review and approval. (q) The single-family residence shall not be utilized in manner that creates adverse effects (i.e., significant levels of du t, glare/light, noise, odor, traffic, or other disturbances) upon the neig borhoo and environmental setting. Additionally, the single-family residence hall not result in significantly adverse effects on public service or resources. No portion of the residence shall be rented, use for commercial/institutional purposes, or otherwise utilized as a sep rate 7 dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. (r) Applicant shall obtain an Encroachment Permit from the Public Works Division for any dumpster/container placed in the public right-of-way. (s) Upon completion of construction activities, the Director of Public Works, at his option may require the applicant to restore that portion of the highway facilities (e.g. sidewalks, driveway approach, pavement, etc.,) damaged by this project's construction. (t) 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. (u) 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. (v) 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 8 (b) Forthwith transmit a certified copy of this Resolution to: Mr. Chiehh-Shih Wang, 24108 Cromarty Drive, C 91765, and Kamen Lai, 8748 Valley Boulevard, #K, 91770 APPROVED AND ADOPTED THIS 8TH OF JULY 2003, BY COMMISSION OF THE CITY OF DIAMOND BAR. BY: , /L L S ve Tye, Ch rman I, James DeStefano, Planning Commission Secretary, do hereby certify that Resolution was duly introduced, passed, and adopted by the Planning Comr City of Diamond Bar, at a regular meeting of the Planning Commission held c of July 2003, by the following vote: AYES: Commissioner: Ruzicka, Tanaka, C/Tye NOES: None ABSENT: Nelson, Nolan ABSTAIN: None ATTEST:j C— Secretary mail, ,CA .CA PLANNING the ithe day 9