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HomeMy WebLinkAboutPC 2003-22PLANNING COMMISSION RESOLUTION NO. 2003-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITE OF DIA OND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-10, A F EQUES TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESII IENCE OF APPROXIMATELY 12,354 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, FOUR CAR GARAGE, AND A SITE RETAINING WALL rO A SIX FEET MAXIMUM EXPOSED HEIGHT. THE PROJECT ADDRESS IS 8 CRYSTAL RIDGE ROAD (PARCEL A, TRACT 47850), DIAMOND BAR, CA 1=ORNIA A. RECITALS 1. The property owner, Diamond Bar West, LLC, and applicant, F i1chard Gould, have filed an application for Development Review No. 03-10, fi r a property located at 2878 Crystal Ridge Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution, -lereinafter in this Resolution, the subject Development Review shall be re rred to a the "Application." 2. On July 3, 2003, 63 property owners within a 500 -foot radius f the project site were notified by mail and three other sites were aosted in the application's vicinity. On July 8, 2003, notification of the pu I c hearing for this project was made in the San Gabriel Valley Tribune ar d the Inland Valley Daily Bulletin newspapers and a display board with the ublic he ing notice was posted at the site. 3. On July 22, 2003, the Planning Commission of the City of lams conducted and concluded a duly noticed public hearing on t App B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved byte Planring Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all o he facts set forth in the Recitals, Part A, of this Resolution are true and c r ect. 2. The Planning Commission hereby determines that the pro t identif ed above in this Resolution is consistent with the previously cert fied Master Environmental Impact Report No. 91-2 for Tract Nos.' 4785 , 47851 and 48487 according to the California Environmental Quality Act of 1 70 (CE A) and guidelines promulgated thereunder, pursuant to Sectio 5162(a)l of Article 11 of the California Code of Regulations. No further environment review is necessary. 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's address is 2878 Crystal Ridge Road. Parcel A, Tract 47850 (approximately .63 gross acres) is a vacant graded buildable pad in the 50 -lot subdivision adjacent to "The Country Estates" that the City Council approved June 6, 1995. The nearly rectangular shaped lot has ascending slopes at the north and east �— sides. A sewer and 30 feet utility easement are at the lot's front. The property contains protected/preserved trees located outside of the buildable pad and no activity will take place within five (5) feet of the tree's outer drip line; therefore, no protective fencing is required. (b) The General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) is the project's zoning. (c) The project is surrounded by the R-1-20,000 Zone. (d) The application is a request to construct a two-story single-family residence of approximately 12,354 gross square feet including balconies, porch, four car garage, and a site retaining wall to a six feet maximum exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are 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. 2 Originally, Tract Map No. 47850 was submitted as a vesting ten ative tract map. At that time, the City was operating under draft G6 neraa Plan. The General Plan was adopted on July 25,995. V sting Tentative Tract Map No. 47850 was approved on June 6, 995. However, Vesting Tentative Tract Map No. 47850 was design d at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre which complies with the land use designation of Rural Residential (Maxi um 1 D AC) identified in the adopted General Plan. Additional! ,the prop sed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neigh 5orhoods and open space, the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is coMpatible witJ7 the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no speci 'c or additional community planned development for the si . (f) The design and layout of the proposed development wil I not inteifere with the use and enjoyment of neighboring existffig or future development will not create traffic or pedestrian hazairc s. Tract Map No. 47850s MasterEnvironmental Impact p ort No. 9 1-2, certified by the City, addresses the design and 117yout of the neighborhood as well as the flow of pedestrian and ve icular traffic. The project site is an undeveloped lot within an a roved tract designed for single-family homes. Crystal Ridge Road and access roads in the vicinity atercoL Drive, Steeplechase Lane, and Wagon Train Lane, adec. ruatelys6 the project site. These private streets are desig a to har minimum traffic created by residential development, erefore, use of a single-family residence will not interfere wit he use enjoyment of neighboring existing or future de velopme and will create traffic or pedestrian hazards. (g) The architectural design of the proposed development i compatible with the characteristics of the surrounding neighbortic od and luill maintain and enhance the harmonious, orderly and attract ve development contemplated by Chapter 22.48, the Gener al Plan, City Design Guidelines, or any applicable specific plan. The project's architectural features include: varying oflines d projections at the streetscape, two story portico%ntry h colum s; balcony with French doors and precast concrete baluste at the fr t: 3 quoins at the structure's second story comers; stucco and stone exteriors at the front; and stucco window moldings for styling. These features add texture and contrast. The proposed materials/colors board was compared with previously approved boards in the vicinity. Though many structures have a similar color palette, combinations of beige and off-white with terracotta roof, the selected materials and colors allow variation in the overall palette and textures when compared to the other approved project sites. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (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. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, 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. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (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 check, City permits, and inspections; soils report 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. Crystal Ridge Road's terrain is hilly. Parcel A is at the tract's lower boundary line and at a lower elevation than its northerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows the neighboring properties view corridors. (j} The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 1 1 The environmental evaluation shows that the proposed pro ect is consistent with the previously certified Master Environmental Anpact Report No. 97-1 for Tract Map No. 47850 according tp the Cal fomia Environmental Quality Act of 1970 (CEQA) ar7d guidelines promulgated thereunder, pursuant to Section 15162 of Article 11 of the California Code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth abov the Pla ping Commission hereby approves this Application subject the foll wing conditions: (a) The project shall substantially conform to site pl 1n, floor plans, elevations, and materials/colors board collectively la eled Exhibit "A" dated July 22, 2003, as submitted and approved ly the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal pf all trash, debris, and refuse, whether during' or subsequent to construction, shall be done only by the property owner, i ipplicant r by duly permitted waste contractor, who has been authori2 edauthor' by the City to provide collection, transportation, and disposal of so id waste rom residential, commercial, construction, and industrial ar 5.as within the City. It shall be the applicant's obligation to insure t at the w ste contractor utilized has obtained permits from the City of DiamonBar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and S f ty Divisi n's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction quipme t or debris of any hind is placed within the vegetated area u i 'I release by the Planning Division and the balance shall remain u ti the Building Official approves its removal. Sanitation facilities sh 11 be provi ed during construction. PUBLIC WORKS/BUILDING AND SAFETY (d) Prior to issuance of a building permit, a fine grade/dram be filed with the City's Public Works Division that has t by the Geotechnical Engineer of Record. plan appr (e) Prior to issuance of a building permit, a Final Grading certificate for the Parcel A of Tract 47850 shall be submitted to the Public Works Division for review and approval. (f) 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. (g) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (h) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) Driveway slope shall be shown on plans. (j} The Building and Safety Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; (2) Retaining walls shall be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with retaining walls; (4) indicate retaining wall locations on grading plan with detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (5) Retaining walls exposed height shall not exceed six feet. (k) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the Electrical Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure is located in "HIGH FIRE ZONE" and shall meet the following requirements of that fire zone: 6 1 1 PLANNING (1) All roof covering shall be "Fire Retardant, Ch shall be fire stopped at the eaves to preclL flame or members under the fire; (2) All enclosed under -floor areas shall be constr� walls; (3) All openings into the attic, floor, and/or otherl, shall be covered with corrosion -resistant wir than t/4 inch nor more than 1/2 inch in any di where such openings are equipped with sas (4) Chimneys shall have spark arresters of m� screen. (n) This single-family structure shall meet the State E Standards. A"; tilel roofs entry Of the as fess rasion a cept door; MUM 1/2 inch (o) Smoke detectors shall be provided in all sleeping roO+S. (p) Building setback from any slope (top or toe) sMI meel the requirements of Section 18 of the 2001 California BL tl Jing Cod 3. (q) Prior to the issuance of any construction permits, thE Applicant shall submit construction plans to the Los Angeles County Fir Departrent for review and approval. (r) Before Certificate of Occupancy issuance, the applic to the City Planning Division written evidence indica receipt of the `Buyers' Awareness Package". In the has purchased the property, then receipt is to be fc approval of future improvements (i.e., hardscapes, pe walls, additional landscaping.) shall s mit the Bu er's ;nt nob ver (s) Applicant shall make application to the Walnut Valle ate' Di; for Fire Flow as necessary and submit their approval o the Plan Division prior to the issuance of building permits. (t) Within 60 days of the Certificate of Occupancy, the ap required to submit a landscape/irrigation plan for the C approval. The plan shall reflect the guidelines Tract 47850 and delineate the type of planting mated quantity and location. This plan shall be reviewed ar the Planning Division. Landscape and irrigation sh, within six (6) months of the Certificate of Occupancy i 7 ing Ibe s review nd et forth by , color, size, approved by be installed (u) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (v) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (w) 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. (x) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. (y) This 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 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 Municipal Code. (z) 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 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. (aa) 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 1 1 applicant shall also pay to the Department of Fish a d Gam any such fee and any fine which the Department determin s to be ed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to Diamond Bar West, LLC, owner, and applicant, R 3480 Torrance Boulevard, #300, Torrance, CA 905 APPROVED AND ADOPTED THIS THE 22nd DAY OF JUL PLANNING COMMISSION OF THE CITY OF MOND BAR. B: Y Dan Nolan, Vice Chairman 1, James DeStefano, Planning Commission Secretary, do hereby foregoing Resolution was duly introduced, passed, and adopted, at a reg the Planning Commission held on the 22nd day of July, 2003, by the folic AYES: NOES: ABSENT: ABSTA►N1• ATTEST: COMMISSIONERS: Ruzicica, Tanaka, V/C Nolan COMMISSIONER: Nelson, Chair Tye E certified mail and Gou d, at BYTHE vote: the of. PLANNING COMMISSION RESOLUTION NO. 2003-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI7 BAR APPROVING DEVELOPMENT REVIEW NO. 2003-10, A CONSTRUCT A TWO-STORY SINGLE-FAMILY RE; APPROXIMATELY 12,354 GROSS SQUARE FEET INCLUDIN! PORCH, FOUR CAR GARAGE, AND A SITE RETAINING WALL MAXIMUM EXPOSED HEIGHT. THE PROJECT ADDRESS IS ; RIDGE ROAD (PARCEL A, TRACT 47850), DIAMOND BAR, CA A. RECITALS The property owner, Diamond Bar West, LLC, and applicar have filed an application for Development Review No. property located at 2878 Crystal Ridge Road, Diamond E County, California, as described in the title of this Resolutio this Resolution, the subject Development Review shall be r "Application." 2. On July 3, 2003, 63 property owners within a 500 -foot radii site were notified by mail and three other sites were application's vicinity. On July 8, 2003, notification of the pi this project was made in the San Gabriel Valley Tribune Valley Daily Bulletin newspapers and a display board with th notice was posted at the site. 3. On July 22, 2003, the Planning Commission of the City conducted and concluded a duly noticed public hearing on B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all c forth in the Recitals, Part A, of this Resolution are true and c 2. The Planning Commission hereby determines that the pr< above in this Resolution is consistent with the previously c( Environmental Impact Report No. 91-2 for Tract Nos.'4785 48487 according to the California Environmental QualityAct of and guidelines promulgated thereunder, pursuant to 8ectio TO OF A SIX 03-10, f r a Los Angeles lereina r in rred to a the >f the project fisted in the hearin for d the In nd facts 47851 of Article 11 of the California Code of Regulations. No further environment review is necessary. 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's address is 2878 Crystal Ridge Road. Parcel A, Tract 47850 (approximately .63 gross acres) is a vacant graded buildable pad in the 50 -lot subdivision adjacent to "The Country Estates" that the City Council approved June 6, 1995. The nearly rectangular shaped lot has ascending slopes at the north and east sides. A sewer and 30 feet utility easement are at the lot's front. The property contains protected/preserved trees located outside of the buildable pad and no activity will take place within five (5) feet of the tree's outer drip line; therefore, no protective fencing is required. (b) The General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) is the project's zoning. (c) The project is surrounded by the R-1-20,000 Zone. (d) The application is a request to construct a two-story single-family residence of approximately 12,354 gross square feet including balconies, porch, four car garage, and a site retaining wall to a six feet maximum exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are 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. 2 Originally, Tract Map No. 47850 was submitted as a ve sting ten ative tract map. At that time, the City was operating under draft G neral Plan. The General Plan was adopted on July 25, 995. V sting Tentative Tract Map No. 47850 was approved orb, une 6, 995. J s design d at However, Vesting Tentative Tract Map No. 47850 w 25 percent below the maximum allowable density and as an o erall average density of 1.49 dwelling units per acre which complies with the land use designation of Rural Residential (Maxi um 1 D M AC) identified in the adopted General Plan. Additionally, the prop osed project complies with the City's General Plan objective) s nd strat gies related to maintaining the integrity of residential neigh orhood and open space, the City's Design Guidelines. The project is consistent with the Tract Map' Development Standards. Furthermore, the proposed project is compatible wit the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There i o specic or additional community planned development for the site. (f) The design and layout of the proposed development i I not interfere with the use and enjoyment of neighboring exi i g or future development will not create traffic or pedestrian haza s. Tract Map No. 47850's MasterEnvi ron mental Impact Report No. 1-2, certified by the City, addresses the design and I yout of the neighborhood as well as the flow of pedestrian and v icular tr ffic. The project site is an undeveloped lot within an roved act designed for single-family homes. Crystal Ridge Road and access roads in the vicinity atercc Drive, Steeplechase Lane, and Wagon Train Lane, ad uatelys the project site. These private streets are desig a to ha minimum traffic created by residential development. erefore use of a single-family residence will not interfere wit he use enjoyment of neighboring existing or future developme 71, and wi, create traffic or pedestrian hazards. (g) The architectural design of the proposed development i compa with the characteristics of the surrounding neighborhood and maintain and enhance the harmonious, orderly n attrac development contemplated by Chapter 22.48, the Gen I Plan, Design Guidelines, or any applicable specific plan. The project's architectural features include: varying oflines projections at the streetscape; two story portico%ntry h colun balcony with French doors and precast concrete baluste at the hr 3 quoins at the structure's second story comers; stucco and stone exteriors at the front; and stucco window moldings for styling. These features add texture and contrast. The proposed materials/colors board was compared with previously approved boards in the vicinity. Though many structures have a similar color palette, combinations of beige and off-white with terracotta roof, the selected materials and colors allow variation in the overall palette and textures when compared to the other approved project sites. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (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. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, 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. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (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 check, City permits, and inspections; soils report 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. Crystal Ridge Road's terrain is hilly. Parcel A is at the tract's lower boundary line and at a lower elevation than its northerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows the neighboring properties view corridors. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 The environmental evaluation shows that the pro posed pro ect is i t cons o mental I pact s ent with the previously certified Master Envir Report No. 97-1 for Tract Map No. 47850 according) t the Cal ornia Environmental Quality Act of 1970 (CEQA) and guid lines promulgated thereunder, pursuant to Section 15162 ofArticl 11 of the California Code of Regulation. No further enviro ental re 'ew is necessary. 5. Based upon the findings and conclusion set forth abov e, the Pla ning Commission hereby approves this Application subject the follo wing conditions: (a) The project shall substantially conform to site pl an, floor p lans, elevations, and materials/colors board collectively lab eled Exhi it "A" dated July 22, 2003, as submitted and approved the Pla ping Commission, and as amended herein. (b) The subject site shall be maintained in a conditio hat is fre e of debris both during and after the construction , addition or implementation of the entitlement granted herein. Th removal f all trash, debris, and refuse, whether during or subsequen t to con t ti s applicant r by ruc on, shall be done only by the property owner duly permitted waste contractor, who has been autho d by the City to provide collection, transportation, and disposal of s id waste rom residential, commercial, construction, and industrial r as within the City. It shall be the applicant's obligation to insure tat the w aste contractor utilized has obtained permits from the City f Diamond Bar to provide such services. (c) Before construction begins, the applicant shall ins tall tempo rary construction fencing pursuant to the Building and S f ty Divisi n's requirements along the project site's perimeter. T , fence hall remain at the buildable pad to ensure no constructio quipme t or debris of any kind is placed within the vegetated area a 'I release by the Planning Division and the balance shall remain a ti the Buil in 9 Official approves its removal. Sanitation facilities sh II be provi ed during construction. PUBLIC WORKS/BUILDING AND SAFETY (d) Prior to issuance of a building permit, a fine grade/drai a plan be filed with the City's Public Works Division that has b n appr by the Geotechnical Engineer of Record. 5 (e) Prior to issuance of a building permit, a Final Grading certificate for the Parcel A of Tract 47850 shall be submitted to the Public Works Division for review and approval. (f) 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. (g) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (h) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) Driveway slope shall be shown on plans. 0) The Building and Safety Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; (2) Retaining walls shall be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (5) Retaining walls exposed height shall not exceed six feet. (k) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the Electrical Code requirements. (I) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure is located in "HIGH FIRE ZONE" and shall meet the following requirements of that fire zone: 6 (1) All roof covering shall be "Fire Retardant, Clas s A"; the roofs shall be fire stopped at the eaves to preclu a entry f the flame or members under the fire; (2) All enclosed under -floor areas shall be constr— ted as a erior walls; (3) All openings into the attic, floor, and/or otherl nclosed areas E mesh no less shall be covered with corrosion -resistant wir than 1/4 inch nor more than Y2 inch in any di ension a cept where such openings are equipped with s as r door; (4) Chimneys shall have spark arresters of max imum —/2 inch screen. (n) This single-family structure shall meet the State Standards. (o) Smoke detectors shall be provided in all sleeping ro s. Building setback from any slope (top or toe) all mee the requirements of Section 18 of the 2001 California B it ina Cod . (q) Prior to the issuance of any construction permits, th submit construction plans to the Los Angeles County for review and approval. PLANNING (r) Before Certificate of Occupancy issuance, the applica n t shall s mi to the City Planning Division written evidence indicat in g the Bu er': receipt of the "Buyers' Awareness Package". In the ev ent no b yei has purchased the property, then receipt is to be for w arded b fors approval of future improvements (i.e., hardscapes, po I spa, retai walls, additional landscaping.) (s) Applicant shall make application to the Walnut Valle ater Di trict for Fire Flow as necessary and submit their approval o the Plan ing Division prior to the issuance of building permits. (t) Within 60 days of the Certificate of Occupancy, the ap I cant sha I be required to submit a landscape/irrigation plan for the C — 's review and approval. The plan shall reflect the guidelines et forth by Tract 47850 and delineate the type of planting mated, I , color, ize, quantity and location. This plan shall be reviewed an approve by the Planning Division. Landscape and irrigation sha II be insta Iled within six (6) months of the Certificate of Occupancy i uance. 7 (u) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (v) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (w) 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: (x) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a City form. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to building permit issuance. (y) This 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 at least 60 days prior to the expiration date. The ning 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 Municipal Code. (z) 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 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. (aa) 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 8 applicant shall also pay to the Department of Fish a —d Gam any such fee and any fine which the Department determin s to be ed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to Diamond Bar West, LLC, owner, and applicant, R 3480 Torrance Boulevard, #300, Torrance, CA 905 APPROVED AND ADOPTED THIS THE 22nd DAY OF JUL P NIN F THE C LAN By: G COMMISSION 0;; ITYOF "IMONDBAR. Dan Nolan, Vice Chairman 1, James DeStefano, Planning Commission Secretary, do hereby foregoing Resolution was duly introduced, passed, and adopted, at a reg the Planning Commission held on the 22nd day of July, 2003, by the folic AYES: COMMISSIONERS: Ruzicka, Tanaka, V/C Nolan NOES: ABSENT: COMMISSIONER: Nelson, Chair Tye ABSTAIN:, ATTEST: vv i ' J es DeStefE no, Secretary BY vote: mail d, at the a of 9