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