HomeMy WebLinkAboutPC 2003-36PLANNING COMMISSION
RESOLUTION NO. 2003-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-22, A
REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH THREE -CAR GARAGE, TERRACES, BALCONIES AND
PORCHES TOTALING TO APPROXIMATELY 11,600 SQUARE FEET.
THE PROJECT SITE IS LOCATED AT 2816 CRYSTAL RIDGE ROAD
(LOT 31, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Hou You Liang, and applicant, Dalmar Duran of Gary
Wang and Associates, have filed an application for Development Review
No. 200322 for a property located at 2816 Crystal Ridge Road, Diamond
Bar, Los Angeles County, California. Hereinafter in this Resolution, the
subject Development Review shall be referred to as the "Application."
2. On November 21, 2003, public hearing notices were mailed to approximately
41 property owners of record within a 500 -foot radius of the project. The
project site was posted with a display board by November 25, 2003. On
November 26, 2003, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Furthermore, the public hearing notice was posted in three
public places within the City of Diamond Bar and
3. On December 9, 2003, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This 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 finds that the project identified above in
this Resolution is categorically exempt pursuant to the provisions of the
California Environmental Quality Act (CEQA) of 1970 and guidelines
promulgated thereunder, Section 15303 (a).
3. The Planning Commission hereby specifically finds and determines that, _.
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a 50 -lot subdivision approved by the City
Council on June 6, 1995. The project site is located at 2816 Crystal
Ridge Road (Lot 31, Tract No. 47850) adjacent to a gated community
identified as "The Country' Estates". The project site, a vacant,
rectangular shaped lot has an existing graded pad cited for
development. According to the Tract Map, the project site,
approximately 28,540 square feet (pad area of 17,090 square feet),
has several easements located within the front portion of the project
site. These easements are related to access purposes, public utility
and services and sanitary sewer. There are slopes in the front yard
adjacent to the street and in the north side yard that are listed on
Tract Map's revegetation/mitigation monitoring plan.
(b) The project site has a General Pian land use designation of Rural
Residential (RR).
(c) The project site is within the Single Family Residence -Minimum Lot
Size 20,000 Square Feet (R-1-20,000) Zone.
(d) Generally, the following zones surround the project site: To the north
is the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; to
the east is the R-1-20,000 Zone; and to the west is the Single Family
Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Zone.
(e) The Application request is to construct a two-story single-family
residence of with three -car garages, terraces, balconies and porches
totaling to approximately 11,600 square feet. Additionally, the project
request includes retaining walls of varying heights with a maximum
exposed height of six feet.
2
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, 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, boulevards or
planned developments).
Originally, Tract Map No. 47850 was submitted as a vesting tentative
tract map. At that time, the City was operating under a draft General
Plan. The General Plan was adopted on July 25, 1995. Vesting
Tentative Tract Map No. 47850 was approved on June 5, 1995.
However, this vesting map was designed 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 General Plan
land use designation of Rural Residential (Maximum 1 DU/AC).
Additionally, the proposed project 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. Furthermore, the proposed project is compatible with the
eclectic architectural style, colors and materials of otherhomes within
Tract No. 47850 and adjacent "Country Estates."
(g) 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.
Tract Map No. 47850's Environmental Impact Report No. 91-2
certified by the City addresses the design and layout of the
neighborhood as well as the flow of pedestrian and vehicular traffic.
Steeplechase Lane and Crystal Ridge Road and other access roads
to the tract adequately serve the project site as presented in the
Environmental Impact Report. These private streets are designed to
handle minimum traffic created by this gated residential development.
Therefore, the use of a contemplated single-family residence will not
interfere with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
(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.
3
Proposed prominent architectural features/focal point of the residence
are the front entry flanked by columns, quoin accents, window style
and varying planes on the front facade. Additionally, the garage will
be located in the side yard and will not be a focal point of the front
fagade.
Furthermore, architectural treatment extends to all sides of the
proposed residential structure. Considering the proposed residence's
location, variation in earth tone colors, difference in roof material and
variation in architectural styles between the proposed residence which
is Colonial and existing residences within the tract, the project will
provide a desirable environment with good aesthetic use of materials,
textures and polors that will remain aesthetically appealing while
offering variety Therefore, the architectural design of the proposed
development is compatible with the character of the surrounding
neighborhood; and will maintain the harmonious, orderlyand attractive
development contemplated by Chapter 22.48.20. Development
Review Standards, Clty Design Guidelines, the City`s General Plan.
Additionally, ac approved the proposed project will be compatible with
Vesting Tract Map No. 47850's development standards.
(i) The design of, the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance.
As referenced in the above findings (f), (g) and (h), the
colors/materials board, the proposed project will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture and color
that will remain aesthetically appealing while offering variety in color,
texture and a low level of maintenance.
(j} The proposed, development will not be detrimental to public health,
safety or wAlare or materially injurious (e.g., negative affect on
property valu0s or resale(s) of property) to the properties or
improvements' in the vicinity; and
Before the isquance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, and Fire
Department r0quirements. The referenced agencies through the
pen -nit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
4
' (k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental QualityAct
(CEQA), Section 95303(a) and guidelines promulgated thereunder,
the City has determined that this project is categorically exempt.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to site plan, floor plan,
elevations, landscape/irrigation plans and colors/materials board
collectively labeled as Exhibit "A" dated December 9, 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 debris
both during and after the construction, addition, or implementation of
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
(c) Prior to the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan for the City's review and approval. Said
plan shall reflect the landscape guidelines set forth by Tract
No. 47850 and delineate plant species, size, quantity and location.
Said landscape plan shall include the replacement of plant material
on the slopes within the front yard and adjacent to the north property
line Landscaping/irrigation shall be installed prior to final inspection or
Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the building and Safety Division's requirements
along the project perimeter.
G'?
(e) Prior to final inspection or the issuance of a Certificate of Occupancy,
the applicant shall submit to the City Planning Division written
evidence indicating the buyer's receipt of the "Buyers' Awareness
Package."
(f) Walls/retaining walls, pilasters and similar structures located within
the front yard' setback shall not exceed an exposed height of
42 inches. Wall/retaining walls/fences not within the front setback
shall not exceed an exposed height of six feet.
(g) The single-family residence shall not be utilized in a manner that
creates adverse effects (Le, significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood and
environmental setting. Additionally, the single-family residence shall
not result in ;significantly adverse effects on public services or
resources. NO portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The !property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the
neighborhood.'
(h) The Applicant shall complete and record a "Covenant and Agreement
to Maintain a Single -Family Residence" on a form to be provided by
the City. The cpvenant must be completed and recorded with the Los
Angeles Counily Recorders Office prior to the issuance of a building
permit.
(i) The residential structure shall not exceed a height of 35 feet as
measured from the natural or finished grade adjacent to the exterior
walls. The 35 hoot height shall include the chimneys.
{j} If 50 cubic yards of earthwork or more occur, prior to the issuance of
any City permits, the applicant shall submit a complete grading plan in
accordance with the City's grading requirements for the City's review
and approval. ;The grading plan shall delineate the following:
(1) Existingl and proposed topography;
(2) All finish surface and finished grade elevation and flow lines;
(3) Cut anc fill quantities and earth work calculation;
(4) Grading plan shall be signed/stamped by a civil engineer,
geote& nical engineer, and geologist, as required;
(5) Flow lines throughout the site including drainage behind the
walls; and
(6) All easements.
(7) Retaining wall/wall elevations at top of wall and finished grade
' on both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated.
(k) If applicable, prior to the issuance of any City permits, the applicant
shall submit a soils report for the City's review and approval that
incorporates the scope of the proposed development and appropriate
recommendations for the project's construction.
(1) Prior to the issuance of any City permits, the applicant shall submit a
proper drainage plan indicating details and sections for the City's
review and approval.
(m) 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.
(n) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
' engineer.
(o) The applicant shall be responsible for sewer connection and shall
ensure connection with Los Angeles County Department of Public
Works and the Sanitation District.
(p) The proposed residence shall comply with the State Energy
Conservation Standards.
(q) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(r) 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 constructed as
exterior walls.
(3) All openings into the attic, floor and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 114 inch or more than 1/.2 inch in dimension except where
such openings are equipped with sash or door.
7
(4) Chimneys shall have spark arrests of maximum 1/2 inch
screen.
(s) Plans shall conform to State and Local Building Code (i.e., 1998
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and 1997 National Electrical Code) requirements.
(t) Construction plans shall be engineered to meet wind loads of
80 M.P.H. with a "C" exposure.
(u) Prior to the issuance of any construction permits, the applicant shall
submit construction plans to the Los Angeles County Fire Department
for review and Opproval.
(v) This grant is. valid for two years and shall be exercised
(i.e., constructign 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 iat least 60 days prior to the expiration date. The
Planning Comoission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar iOlevelopment Code.
(w) This grant shall not be effective for any purpose until the permittee
and owner of te property involved (if other than the permittee) have
filed, within fiftoen (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 prays remaining City processing fees, school fees and
fees for the revjew of submitted reports.
(x) 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 cas�ier's check of $25.00 for a documentary handling fee
in connection with Fish and Game Code requirements. Furthermore, if
this project is bot exempt from a filing fee imposed because the
project has mode than a deminimis impact on fish and wildlife, the
applicant shall ialso 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
N
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Huo You Liang, 16015 Phoenix Drive, City of Industry, CA 91745,
and Dalmar Duran, Gary Wang and Associates, 573 Monterey Pass
Road, #C, Monterey Park, CA 91754.
APPROVED AND ADOPTED THIS 9TH OF DECEMBER 2003, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: , ��7 a:
Steve Ty , Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day
of December 2003, by the following vote:
AYES: Nelson, Tanaka, Wei, C/Tye
NOES: None
ABSENT: V/C Nolan
ABSTAIN: None
r ft r�
ATTEST:
amen DeSte ano, Secretary
1
PLANNING COMMISSION RESOLUTION NO, 2003-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-22, A
REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
RESIDENCE WITH THREE -CAR GARAGE, TERRACES, BALCONIES
AND PORCHES TOTALING TO APPROXIMATELY 11,600 SQUARE
FEET. THE PROJECT SITE IS LOCATED AT 2816 CRYSTAL RIDGE
ROAD (LOT 31, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Hou You Liang, and applicant, Dalmar Duran of Gary
Wang and Associates, have filed an application for Development Review
No. 2003-22 for a property located at 2816 Crystal Ridge Road, Diamond
Bar, Los Angeles County, California. Hereinafter in this Resolution, the
subject Development Review shall be referred to as the "Application."
On November 21, 2003, public hearing notices were mailed to approximately
41 property owners of record within a 500 -foot radius of the project. The
project site was posted with a display board by November 25, 2003. On
November 26, 2003, notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Furthermore, the public hearing notice was posted in three
public places within the City of Diamond Bar and
3. On December 9, 2003, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This 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 finds that the project identified above in this
Resolution is categorically exempt pursuant to the provisions of the California
Environmental Quality Act (CEQA) of 1970 and guidelines promulgated
thereunder, Section 15303 (a).
The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into
and conditioned upon the proposed project set forth in the application,
there is no evidence before this Planning Commission that the project
proposed herein will have the potential of an adverse effect on wild life
resources or the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5 (d) of Title 14 of
the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
(a) The project relates to a 50 -lot subdivision approved by the City Council
on June 6, 1995. The project site is located at 2816 Crystal Ridge
Road (Lot 31, Tract No. 47850) adjacent to a gated community
identified as "The Country' Estates". The project site, a vacant,
rectangular shaped lot has an existing graded pad cited for
development: According to the Tract Map, the project site,
approximately 28,540 square feet (pad area of 17,090 square feet),
has several easements located within the front portion of the project
site. These easements are related to access purposes, public utility
and services and sanitary sewer. There are slopes in the front yard
adjacent to the street and in the north side yard that are listed on
Tract Map's revegetation/mitigation monitoring plan.
(b) The project site has a General Plan land use designation of Rural
Residential (RR).
(c) The project site is within the Single Family Residence -Minimum Lot Size
20,000 Square Feet (R-1-20,000) Zone.
(d) Generally, the following zones surround the project site: To the north is
the R-1-20,000 Zone; to the south is the Agriculture (AG) Zone; to the
east is the R-1-20,000 Zone; and to the west is the Single Family
Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000) Zone.
(e) The Application request is to construct a two-story single-family
residence of with three -car garages, terraces, balconies and
porches totaling to approximately 11,600 square feet. Additionally,
the project request includes retaining walls of varying heights with a
maximum exposed height of six feet.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, 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, boulevards or
planned developments).
Originally, Tract Map No. 47850 was submitted as a vesting
tentative tract map. At that time, the City was operating under a
draft General Plan. The General Plan was adopted on July 25,
1995. Vesting Tentative Tract Map No. 47850 was approved on
June 5, 1995. However, this vesting map was designed 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 General Plan land use designation of Rural Residential
(Maximum 1 DUTAAC). Additionally, the proposed project 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.
Furthermore, the proposed project is compatible with the eclectic
Tract No. 47850 and adjacent "Country Estates."
(g) 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.
Tract Map No. 47850's Environmental Impact Report No. 91-2
certified by the City addresses the design and layout of the
neighborhood as well as the flow of pedestrian and vehicular traffic.
Steeplechase Lane and Crystal Ridge Road and other access roads
to the tract adequately serve the project site as presented in the
Environmental Impact Report. These private streets are designed to
handle minimum traffic created by this gated residential
development Therefore, the use of a contemplated single-family
residence will not interfere with the use and enjoyment of
neighboring existing or future development and will not create traffic
(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.
Proposed prominent architectural featureslfocal point of the residence are the
front entry flanked by columns, quoin accents, window style and varying
planes on the front facade. Additionally, the garage will be located in the side
yard and will not be a focal point of the front fagade.
Furthermore, architectural treatment extends to all sides of the
proposed residential structure. Considering the proposed
residence's location, variation in earth tone colors, difference in roof
material and variation in architectural styles between the proposed
residence which is Colonial and existing residences within the tract,
the project will provide a desirable environment with good aesthetic
use of materials, textures and colors that will remain aesthetically
appealing while offering variety. Therefore, the architectural design
of the proposed development is compatible with the character of the
surrounding neighborhood and will maintain the harmonious,
orderlyand attractive development !,contemplated by Chapter
22.48.20. Development Review Standards, City Design Guidelines,
the City's General Plan. Additionally, as approved the proposed
project will be compatible with Vesting Tract Map No: 47850's
development standards.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and
color that will remain aesthetically appealing and will retain a
reasonably adequate level of maintenance.
As referenced in the above findings (f), (g) and (h), the
colorslmaterials board, the proposed project will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture and
color that will remain aesthetically appealing while offering variety in
color, texture and a low level of maintenance.
(j) The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative affect on property
values or resale(s) of property) to the properties or improvements! in
the vicinity; and
Before the issuance of any City permits, the proposed project is
required to cotnpiy with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, and
Fire Department requirements. The referenced agencies through
the permit and inspection process will ensure that the proposed
project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the provisions of the California
Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental QualityAct
(CEQA), Section 15303(a) and guidelines promulgated thereunder,
the City has determined that this project is categorically exempt.
5. Based on the findings and conclusions set forth above, the Planning Commission
hereby approves the Application subject to the following conditions:
(a) The project shall substantially conform to site plan, floor plan,
elevations, landscape/irrigation plans and colors/materials board
collectively labeled as Exhibit "A" dated December 9, 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 debris both
during and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris; and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor
utilized has obtained permits from the City of Diamond Bar to provide
such services.
(c) Prior to the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan for the City's review and approval.
Said plan shall reflect the landscape guidelines set forth by Tract
No. 47850 and delineate plant species, size, quantity and location.
Said landscape plan shall include the replacement of plant material
on the slopes within the front yard and adjacent to the north
property line Landscaping/irrigation shall be installed prior to final
inspection or Certificate of Occupancy.
(d) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the building and Safety Division's requirements
along the project perimeter.
(e) Prior to final inspection or the issuance of a Certificate of Occupancy, the
applicant shall submit to the City Planning Division written evidence
indicating the buyer's receipt of the "Buyers' Awareness Package."
(f) Walls/retaining walls, pilasters and similar structures located within the
front yard' setback shall not exceed an exposed height of 42 inches.
Wall/retaining walls/fences not within the front setback shall not
exceed an exposed height of six feet.
(g) The single-family residence shall not be utilized in a manner that
creates adverse effects (Le, significant levels of dust, glare/light,
noise, odor, traffic, or other disturbances) upon the neighborhood
and environmental setting. Additionally, the single-family residence
shall not result in significantly adverse effects on public services or
resources. No portion of the residence shall be rented, used for
commercial/institutional purposes, or otherwise utilized as a
separate dwelling. The property shall not be used for regular
gatherings that result in a nuisance or create traffic and parking
problems in the neighborhood.'
(h) The Applicant shall complete and record a "Covenant and Agreement
to Maintain a Single -Family Residence" on a form to be provided by
the City. The covenant must be completed and recorded with the
Los Angeles County Recorders Office prior to the issuance of a
building permit.
(i) The residential structure shall not exceed a height of 35 feet as
measured from the natural or finished grade adjacent to the exterior
walls. The 35 foot height shall include the chimneys.
Q) If 50 cubic yards of earthwork or more occur, prior to the issuance of
any City permits, the applicant shall submit a complete grading plan
in accordance with the City's grading requirements for the City's
review and approval. i,The grading plan shall delineate the
following;
(1) Existingl and proposed topography;
(2) All finisk surface and finished grade elevation and flow lines; (3) Cut and fill
quantities and earth work calculation;
(4) Grading plan shall be signed/stamped by a civil engineer, geotecljnical
engineer, and geologist, as required;
(7) Retaining wall/wall elevations at top of wall and finished grade on
both sides of the wall, calculations and detail to show how
runoffs behind the retaining wall will be mitigated.
(k) If applicable, prior to the issuance of any City permits, the applicant shall
submit a soils report for the City's review and approval that
incorporates the scope of the proposed development and appropriate
recommendations for the project's construction.
(1) Prior to the issuance of any City permits, the applicant shall submit a
proper drainage plan indicating details and sections for the City's
review and approval.
(m) 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.
n) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan
equirements to the satisfaction of the City
,,ngineer. (o) The applicant shall be responsible for sewer connection and shall
,,nsure connection with Los Angeles County Department of Public Works and the Sanitation District.
(p) The proposed residence shall comply with the State Energy Conservation
Standards.
(q) Surface water shall drain away from the proposed residence at a
twopercent minimum slope.
(r) 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.
unenclosed under -floor areas shall be constructed as exterior walls.
(3) All openings into the attic, floor and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/4 inch or more than 1/2 inch in dimension except
where such openings are equipped with sash or door.
0
(4) Chimneys shall have spark arrests of maximum 1/2 inch screen.
(s) Plans shall conform to State and Local Building Code (i.e., 1998 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code,
and 1997 National Electrical Code) requirements.
(t) Construction plans shall be engineered to meet wind loads of 80 M.P.H.
with' a "CO exposure.
(u) 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.
(v) 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 Qlevelopment Code.
(w) 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.
(x) 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 I remit to the City, within five days of this grant's
approval, a casl-ier's check of $25.00 for a documentary handling
fee in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and
wildlife, the applicant shall also pay to the Department of Fish and
Game any such fee and any fine which the Department determines
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Huo You Liang, 16015 Phoenix Drive, City of Industry, CA 91745, and
Dalmar Duran, Gary Wang and Associates, 573 Monterey Pass Road,
#C, Monterey Park, CA 91754.
APPROVED AND ADOPTED THIS 9TH OF DECEMBER 2003, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: Steve Ty, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day
of December 2003, by the following vote:
AYES: Nelson, Tanaka, Wei, C/Tye
NOES: None
ABSENT: V/C Nolan
ABSTAIN: None
—ATTEST:
ames DeSte-ano, Secretary