HomeMy WebLinkAboutPC 2003-31PLANNING COMMISSION
RESOLUTION NO. 2003-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-1 j I AND
CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUESTTO REMODEL
AND ADD APPROXIMATELY 1,327 LIVABLE SQUARE FEET,'A 210
SQUARE FEET THIRD BAY TO THE EXISTING TWO CARARAGE A 60
SQUARE FEET PORCH, AND 355 SQUARE FEET COVE ED PATE 3 TO
AN EXISTING 2,365 SQUARE FEET TWO-STORY, SI GLE-F MILY
RESIDENCE. THE PROJECT SITE IS LOCATED AT 1028 ARK SP IING
LANE (LOT 58, TRACT 33182), DIAMOND BAR, CALIFOR IA.
A. RECITALS
1. The property owner, Mary Okwandu, and applicant, George Midley, have
filed an application to approve Development Review No. 2)03-19, lor a
property located at 1028 Park Spring Lane (Lot 58, Tract 331 2), Diamond
Bar, Los Angeles County, California, as described in th title of this
Resolution. Hereinafter in this Resolution, the subject Development Review
and Categorical Exemption shall be referred to as the "Application."
2. On September 24, 2003, 191 property owners within a 500 -foot radius of the
project site were notified by mail. On September 30, 2003, this proj ct's
public hearing notification was made in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers; a notice of public earing n a
display board was posted at the site; and three other sites were posted w thin
the application's vicinity.
3. On October 14, 2003, the Planning Commission of the City of iamond�Bar
conducted and concluded a duly noticed public hearing on th Applica ion.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning 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 this 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 15301(e)(2)(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 1028 Park Spring Lane (Lot 58,
Tract 33182), Diamond Bar, Califomia. The project site is
approximately .18 gross acres. It is a nearly rectangular shaped lot
with an existing two-story single-family residence.
(b) The General Plan Land Use designation is Low Density Residential
(RL), max. 3 dwelling units/acre. The project site is zoned Single -
Family Residence, R-1-8,000.
(c) Generally, the R-1-8,000 Zone surrounds the subject site.
(d) The Application is a request to remodel and add approximately 1,327
livable square feet, a 210 square feet third bay to the existing two car
garage, a 60 square feet porch, and 355 square feet covered patio to
an existing 2,365 square feet two-story, single-family residence.
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.
The project site, currently developed with a two-story, single-family
residence, was established before the adoption of the City's General
Plan and current Development Code. The adopted General Plan of �T
July 25, 1995, has a land use designation of Low Density Residential
(RL) (max. 3 du/acre). The Application complies with the City's
General Plan objectives and strategies related to rrointaining the
integrity of residential neighborhoods and open spa e, the current
Diamond Bar Development Code, and with thePity's Design
Guidelines. There is no specific plan. j
The proposed project conforms to applicable provisions of the
Development Code, the site coverage is less than 40 percent, the
project is comparable with the existing neighborhood, the pr ject
meets the required height limitations; and does not encroach into the
setbacks.
This is a two-story home. The neighboring parcels are one . tory
single-family residences in areas of varying topography, with tem iced
pads. By maintaining the height limits of the Development Code the
proposed remodel is not considered an impact to the vie w corridor of
surrounding properties.
(f) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards.
Clear Creek Canyon Drive and Rapid Brook Road adequately serve
the project site. These streets are designed to handle minimum tr iffic
created by residential development.
The project site is currently developed with a two-story single -fa ily
residence. The proposed reconstruction/remodeling dog is not ch ge
the existing use of a single-family residence. Although he proposed
addition enlarges the existing residence, it meets the, evelop ent
Code's 35 feet height limitation. Additionally, the Application has a
style consistent with surrounding properties. The stnicture is not
expected to unreasonably interfere with the use and enjoymer t of
neighboring existing or future development with regard to vieve or
traffic.
(g) The architectural design of the proposed development i 3 compat ble
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attrac ive
development contemplated by Chapter 22.48, the Gene al Plan, ity
Design Guidelines, or any. applicable specific plan.
The proposed single-family residence's modem architectural tyl is
maintained. The project's architectural styling at the stree, Sci pe
includes single -story covered entry, one to two story ro fline at he
garages, retention of the brick trim at the garage reveal and a
matching brick colonnades at the new porch; the newt o story b 3y-
3
like windows with "California" roof design; colors of La Habra, X-23
Aspen (off-white) stucco and wood trims of Dunn Edwards Swiss
Coffee (off-white) and Cable. Ash (gray); and layering ofmaterrals and
finishes via multi-levels of roof lines using Eagle Lite #427 gray roof
tile to add texture and contrast. The use of these materials provides
variety and interest. The proposed project's architecture and palette
are compatible with the architectural style of other homes within the
tract. The Application's design is consistent with the General Plan,
City's Design Guidelines, and Development Code. There is no 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.
The colors, materials, and textures proposed are complimentary to the
existing homes within the area while offering variety and low levels of
maintenance.
(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 pian check, City permits, inspections, 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. Additionally, a Covenant and Agreement
is required and runs with the land to maintain a single-family
residence.
(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 Quality Act of 1970 (CEQA), Section 15301(e)(2)(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, roof plan, and landscape plan collectively labeled as
4
Exhibit "A" dated October 14, 2003, as submitted to and approve
the Planning Commission and amended herein.
(b) The subject site shall be maintained in a condition that is fre
debris both during and after the construction, addition
implementation of the entitlement granted herein. The removal
trash, debris, and refuse, whether during or s bsequer
construction, shall be done only by the property owner, Applica
by duly permitted waste contractor, who has been authorized b,
City to provide collection, transportation, and disposal f solid %
from residential, commercial, construction, and industrial areas v
the City. It shall be the Applicant's obligation to insure hat the %
contractor utilized has obtained permits from the City of Diamonc
to provide such services.
PUBLIC WORKS
(c) Best Management Practices requirements (BMP's) are r of requ
be incorporated into the project plans. However, B P's mt
implemented for construction activities related to this prof
comply with the National Pollutant Discharge Elimination S
(NPDES) regulations.
BUILDING AND SAFETY
by
of
or
f all
to
t or
the
Bar
Ito
be
to
(d) The project's unapproved portion has begun withou permit . In
accordance with the Uniform Building Code, double ees steal be
assessed by the Building and Safety Division.
(e) The Applicant shall provide temporary sanitation facilities while u
construction.
(f) The single-family structure shall meet the 2001 Califor
Universal Building Code, Universal Plumbing Code,
Mechanical Code, and the 2001 National Ele tr
requirements.
(g) The single-family structure requires Fire Department approval an
located in "High Fire Zone" and shall meet the following requireme
of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the rc
shall be fire stopped at the eaves to preclude entry of
flame or members under the fire;
(2) All enclosed under -floor areas shall be construct
d as exte
walls;
5
1 is
nts
PLANNING
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/a inch nor more than 1/2 inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum 1/z inch
screen.
(h) This single-family structure shall meet the State Energy Conservation
Standards.
(i) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(j} Smoke detectors shall be provided in all sleeping rooms.
(k) A one-hour wall shall be required between new garage and existing
home.
(1) Prior to the issuance of any construction permits, the Applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval.
(m) Applicant shall submit a soils report if required by the Building Official
for the proposed improvements to be reviewed and approved by the
City.
(n) 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.
(o) The Applicant shall comply with the requirements of the Fire
Department; City Planning, Building and Safety, and Public Works
Divisions.
(p) The landscaping/irrigation shall be installed or replaced in the front
yard prior to the Planning Division's final inspection or Certificate of
Occupancy issuance.
(q) Drainage pattern shall be reviewed and approved bythe Public Works
Division; surface water shall drain away from the building at a 2%
minimum slope.
(r) The single-family residence shall not be utilized in a manner that
creates adverse effects upon the neighborhood and environmental
1
C
setting of the residential site to levels of dust, glare/ligi
traffic, or other disturbances to the existing residential
and shall not result in significantly adverse effects on I
and resources. The single-family residence shall nc
commercial/institutional purposes, or otherwise used
dwelling. The property shall not be used for regular ga
result in a nuisance or which create traffic and parking F
neighborhood.
(s) The owner shall complete and record a "Covenant and
Maintain a Single-family Residence" on a City provic
covenant must be completed and recorded with the
County's Recorder's Office prior to the issuance of a b
noise,
Doc serylces
be use for
a sep rate
Brings hich
ablems i the
%greem nt to
:d form. The
Los Angeles
ilding permit.
(t) This grant is valid for two (2) years and shall a exercised
(Le. construction) within that period or this grant shall expire. Aone-
(1) year extension may be approved when submitted to the City in
writing at least 60 days prior to the expiration date. The Deputy City
Manager 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 he perm ttee
and owner of the property involved (if other than the permittee) I iave
filed, within fifteen (15) days of approval of this grant, at the Ci y of
Diamond Bar Community and Development Services Departry ent,
their affidavit stating that they are aware and agree to accept all the
conditions of this grant. Further, this grant shall not be effective intil
the permittee pays remaining City processing fees.
(v) If the Department of Fish and Game determines that Fish and G me.
Code Section 711.4 applies to the approval of this pro ect, ther the
Applicant shall remit to the City, within five days o this grant's
approval, a cashier's check of $25.00 for a documenta handlin fee
in connection with Fish and Game Code requirements. F rthermo e, 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 oyred.
The Planning Commission shall: t
(a) Certify to the adoption of this Resolution; and
7
{b} Forthwith transmit a certified copy of this Resolution, by certified mail
to the owner, Mary Okwandu, 1028 Park Spring Lane, Diamond Bar,
CA 91765, and the applicant,. George Midley, 20746 Missionary Ridge
Street, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 141th DAY OF OCTOBER 2003, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Tye,-Chairnjan
1, 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 14th day of October 2003, by the following vote:
AYES: Commissioners: Tanaka, V/C Nolan, Wei, Chair Tye
NOES:
ABSENT: Commissioners: Nelson
ABSTAIN:
ATTEST:
ames DeSt fano, Secretary
n
PLANNING COMMISSION RESOLUTION NO.200 3-31
A RESOLUTION OF THE PLANNING COMMISSION OF HE CI OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NC. 2003-1 AND
CATEGORICAL EXEMPTION 15301(e)(2)(A), A REQUEST TO
REMODEL AND ADD APPROXIMATELY 1,327 LIVABLE SQUARE
FEET, 210 SQUARE FEET THIRD BAY TO THE EXISTING TWO CAR
GARAGE A60 SQUARE FEET PORCH, AND 355 SQUARE FEET
COVERED PATI TO AN EXISTING 2,385 SQUARE FEET TWO-STORY,
SI GLE-F MILY RESIDENCE. THE PROJECT SITE IS LOCATED AT 1028
ARK SP PING LANE (LOT 58, TRACT 33182), DIAMOND BAR,
A. RECITALS
1. The property owner, Mary Okwandu, and applicant, George Midley, aye filed
an application to approve Development Review No. 2303-19, or a property
located at 1028 Park Spring Lane (Lot 58, Tract 33132), Dia and Bar, Los
Angeles County, California, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development Review and
Categorical Exemption shall be referred to as the "Application."
2. On September 24, 2003, 191 property owners within a 500-fo radius o the
project site were notified by mail. On September 30, 2003, this project's
public hearing notification was made in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers; a notice of public hearing n a
display board was posted at the site; and three other sites were posted w
thin the application's vicinity.
3. On October 14, 2003, the Planning Commission of the City of iamondlBar
conducted and concluded a duly noticed public hearing on the Applica ion.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by a Planing Commission of the City of
Diamond Bar as follows:
1. The Planning 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 this Resolution is categorically exempt from the requirements of the
California Environmental Quality Act of 1970 (CEQA) an guidelines
promulgated thereunder. This is pursuant to Section 15301(e)(2)(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 1028 Park Spring Lane (Lot 58, Tract
33182), Diamond Bar, California. The project site is approximately
.18 gross acres. It is a nearly rectangular shaped lot with an existing
two-story single-family residence.
(b) The General Plan Land Use designation is Low Density Residential
(RL), max. 3 dwelling units/acre. The project site is zoned
SingleFamily Residence, R-1-8,000.
(c) Generally, the R-1-8,000 Zone surrounds the subject site.
(d) The Application is a request to remodel and add approximately 1,327
livable square feet, a 210 square feet third bay to the existing two
car garage, a 60 square feet porch, and 355 square feet covered
patio to an existing 2,365 square feet two-story, single-family
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.
The project site, currently developed with a two-story, single-family
residence, was established before the adoption of the City's
General Plan and current Development Code. The adopted General
Plan of July 25, 1995, has a land use designation of Low Density
Residential (RL) (max. 3 dulacre). The Application complies with the
2
General Plan objectives and strategies related to maintaining the
integrity of residential neighborhoods and open space, the c rrent
Diamond Bar Development Code, and with the ity's Design
Guidelines. There is no specific plan.
The proposed project conforms to applicable provisions o the
Development Code, the site coverage is less than 4 percen the
project is comparable with the existing neighborhood, the pr ject
meets the required height limitations, and does not encroach int the
setbacks.
This is a two-story home. The neighboring parcels re one
single-family residences in areas of varying with
topograpl pads. By maintaining the height limits of t3
the Developi proposed remodel is not considered an e
impact to the i surrounding properties.
(f) The design and layout of the proposed development i with not
the use and enjoyment of neighboring exi; it g
development, and will not create traffic or pedestrian
Clear Creek Canyon Drive and Rapid Brook Road
ads the project site. These streets are designed to
handle n created by residential development.
The project site is currently developed with a two-stor]
residence. The proposed reconstructioNremodeling
do the existing use of a single-family residence.
Although addition enlarges the existing residence, it
meets the Code's 35 feet height limitation. non n s a
Additionally, the App style consistent with surrounding u is re s
properties. The sh expected to unreasonably interfere not
with the use and neighboring existing or future foyme t
development with rega traffic. of to vie
(g) The architectural design of the proposed developn
with the characteristics of the surrounding neigh d and will
maintain and enhance the harmonious, orderl attrac ive
development contemplated by Chapter 22.48, the Plan, City
>ign Guidelines, or any applicable specific plan. ral tyl is
The proposed single-family residence's modem ' ree' sc
archite, maintained. The project's architectural styling pe ne at
at the includes single -story covered entry, one to two he gal an
story ro garages, retention of the brick trim at the a story b
garage r matching brick colonnades at the new porch, y
- 3
like windows with "California" roof design; colors of La Habra, X-23
Aspen (off-white) stucco and wood trims of Dunn Edwards Swiss
Coffee (off-white) and Cable. Ash (gray), and layering of materials
and finishes via multi-levels of roof lines using Eagle Lite #427 gray
roof tile to add texture and contrast. The use of these materials
provides variety and interest. The proposed project's architecture
and palette are compatible with the architectural style of other
homes within the tract. The Application's design is consistent with
the General Plan, City's Design Guidelines, and Development Code.
There is no 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.
The colors, materials, and textures proposed are complimentary to the
existing homes within the area while offering variety and low levels of
maintenance.
(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, inspections, 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. Additionally, a Covenant
andAgreement is required and runs with the land to maintain a
single-family residence.
(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 Quality Act of 1970 (CEQA), Section 1530 1 (e) (2) (A).
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, roof plan, and landscape plan collectively labeled as
- 4
PUBLIC WORKS
)ING AND SAFETY
Exhibit "A" dated October 14, 2003, as submitted to anal a a_b
(c) Best Management Practices requirements (BMP's) are of required to
be incorporated into the project plans. However, B MP's must be
implemented for construction activities related to this project to
comply with the National Pollutant Discharge Elimination System
(NPDES) regulations.
(d) The project's unapproved portion has begun withou permit . In
accordance with the Uniform Building Code, double ees shat be
assessed by the Building and Safety Division.
(e) The Applicant shall provide temporary sanitation facilities while
construction.
(f) The single-family structure shall meet the 2001
Universal Building Code, Universal Plumbing
Mechanical Code, and the 2001 National
requirements.
(g) The single-family structure requires Fire Department approval a is
located in "High Fire Zone" and shall meet the following equirem nts
of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the r ofs .
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;
:he Planning Commission and amended herein.
b The subject site shall be maintained in a condition hat is fre
e o
debris both during and after the construction, addition
or
implementation of the entitlement granted herein. The removal
f all
° trash, debris, and refuse, whether during or s bseqUE
t tol
construction, shall be done only by the property owner, Applic
nt o
by duly permitted waste contractor, who has been authorized
the
City to provide collection, transportation, and disposal f solic
ast
from residential, commercial, construction, and industrial areas A
ithin
the City. It shall be the Applicant's obligation to insure hat the
st
contractor utilized has obtained permits from the City of Diamon
Ba
to provide such services.
PUBLIC WORKS
)ING AND SAFETY
(c) Best Management Practices requirements (BMP's) are of required to
be incorporated into the project plans. However, B MP's must be
implemented for construction activities related to this project to
comply with the National Pollutant Discharge Elimination System
(NPDES) regulations.
(d) The project's unapproved portion has begun withou permit . In
accordance with the Uniform Building Code, double ees shat be
assessed by the Building and Safety Division.
(e) The Applicant shall provide temporary sanitation facilities while
construction.
(f) The single-family structure shall meet the 2001
Universal Building Code, Universal Plumbing
Mechanical Code, and the 2001 National
requirements.
(g) The single-family structure requires Fire Department approval a is
located in "High Fire Zone" and shall meet the following equirem nts
of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the r ofs .
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;
PLANNIN
(3) All openings into the attic, floor, and/or other enclosed areas shall be
covered with corrosion -resistant wire mesh not less than 74 inch nor
more than "/2 inch in any dimension except where such openings are
equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum '/z inch screen.
(h) This single-family structure shall meet the State Energy Conservation
Standards.
(i) The minimum design wind pressure shall be 80 miles per hour and "C"
exposure.
Q) Smoke detectors shall be provided in all sleeping rooms.
(k) A one-hour wall shall be required between new garage and existing
home.
(1) Prior to the issuance of any construction permits, the Applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and approval.
(m) Applicant shall submit a soils report if required by the Building Official
for the proposed improvements to be reviewed and approved by
the city.
(n) 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.
(o) The Applicant shall comply with the requirements of the Fire Department;
City Planning, Building and Safety, and Public Works Divisions.
(p) The landscaping/irrigation shall be installed or replaced in the front
yard prior to the Planning Division's final inspection or Certificate of
Occupancy issuance.
- (q) 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.
ice shall not be utilized in a manner that creates adverse effects upon the neighborhood and
environmental
- 6
setting of the residential site to levels of dust, glare/light, noise,
odor, traffic, or other disturbances to the existing residential eighbor
ood and shall not result in significantly adverse effects on public se
ices and resources. The single-family residence shall no be use for
commercial/institutional purposes, or otherwise used s a separate
dwelling. The property shall not be used for regular gat erings
Which result in a nuisance or which create traffic and parking p
oblems i the neighborhood.
(s) The owner shall complete and record a "Covenant and Agreement to
Maintain a Single-family Residence" on a City provided form. The
covenant must be completed and recorded with the Los Angeles
County's Recorder's Office prior to the issuance of a building permit.
(t) 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 Deputy City
Manager 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 he perm ttee and
owner of the property involved (if other than the permittee) lave
filed, within fifteen (15) days of approval of this grant, at the Ci of
Diamond Bar Community and Development Services Depart ent,
their affidavit stating that they are aware and agree to accept al the
conditions of this grant. Further, this grant shall not be ffective ntil
the permittee pays remaining City processing fees.
(v) If the Department of Fish and Game determines that Fish and G me
Code Section 711.4 applies to the approval of this pro ect, the the
Applicant shall remit to the City, within five days o this grant's
approval, a cashier's check of $25.00 for a documenta handlin fee
in connection with Fish and Game Code requirements. F rthermo e,
if this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish an wildlife, the
Applicant shall also pay to the Department of Fish and Game ny
such fee and any fine which the Department determine to be o ed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
7
(b) Forthwith transmit a certified copy of this Resolution, by certified mail to
the owner, Mary Okwandu, 1028 Park Spring Lane, Diamond Bar, CA
91765, and the applicant,. George Midley, 20746 Missionary Ridge
Street, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER 2003, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: %0 =Lyn-, Steve Tye, Chair an
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 14th day of October 2003, by the following vote:
AYES: Commissioners: NOES:
ABSENT: Commissioners:
ABSTAIN:
I I I C `~ ATTEST: 1 la
ames DeSt fano, Secretary
Tanaka, V/C Nolan, Wei, Chair Tye
Nelson
IQ