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HomeMy WebLinkAboutPC 2004-12PLANNING COMMISSION RESOLUTION NO. 2004-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-09, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH FOUR -CAR GARAGE, PATIO COVER, BALCONIES AND PORCH TOTALING TO APPROXIMATELY 10,500 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 21883 GOLDEN CANYON ROAD (LOT 2, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner/applicant, Richard Gould of Windmill Estates, LLC, has filed an application for Development Review No. 2004-09 for a property located at 21883 Golden Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 16, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On April 14, 2004, public hearing notices were mailed to approximately 36 property owners of record within a 500 -foot radius of the project. Furthermore, the public hearing notice was posted in three public places within the City of Diamond Bar and the project site was posted with a display board by April 14, 2004. 3. On April 27, 2004, 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Commission of the City of Diamond Bar has determined that this project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map No. 47850. Therefore, no further environmental review is required. 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 21883 Golden Canyon Road (corner of Watercourse Drive/Golden Canyon Road; Lot two, Tract No. 47850) adjacent to a gated community identified as "The Country Estates". The project site, a vacant lot, is irregular shaped with an existing graded pad cited for development. According to the Tract Map, the project site, approximately 32,400 square feet (pad area of 17,480 square feet), has several easements located within the front portion of the project site. These easements are related to access, public utility and services and sanitary sewer. There are slopes in the side yard adjacent to Watercourse Drive and within the north portion of the rear yard. These slopes are listed on the 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 zone surround the project site: To the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is to construct a two-story single-family residence with a four -car garage, patio cover, balconies and porch totaling to approximately 10,500 square feet. Additionally, the project request includes a retaining wall of varying height 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 6, 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, Watercourse Drive and Golden Canyon 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 The proposed residence's architectural style, as referred to in the application as Mediterranean. This style is compatible with other residences in this tract of home and `The Country Estates" due to the eclectic architectural style that is existing in the area. The proposed materials/colors board is compatible with other residences within the area. The proposed materials/colors board was compared to colors and material previously approved for homes adjacent or near the project site. The comparison indicates that each lot's color scheme is somewhat similar to other colors chosen due to the fact that earth tones are being utilized. However, quoins and balusters, front entry and architectural style of the proposed residence will distinguish it from neighboring residences and will provide a desirable environment, good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety in color and texture. Prominent architectural features include the front entry flanked by columns, quoin accents, window style, and varying planes on the front facade, as well as the garage entry not being the 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 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, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. Additionally and as approved, the proposed project will be compatible with Tract Map No. 47850s 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. 4 (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 comply 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), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map No. 47850. Therefore, no further environmental review is required. 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, and colors/materials board collectively labeled as Exhibit "A" dated April 27, 2004, 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) The applicant shall submit a landscape/irrigation plan within 60 days of final inspection reflecting the landscaping guidelines and restrictions set forth by Tract Map No. 47850 revegetation plan with 9 regards to the required plant palette on the slopes in the side and rear yards. The landscape plan shall delineate the type of planting materials, color, size, quantity and location for the City's review and approval. The approved landscaping and irrigation is required to be installed within six months of the project's final inspection or Certificate of Occupancy issuance. (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) Retaining wall located within the side yard adjacent to Watercourse Drive shall not exceed an exposed height of four feet. Wails/retaining walls, pilasters and similar structures located within the front yard setback shall not exceed an exposed height of 42 inches. (g) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., 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. (j) Applicant shall submit a precise drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for the City's review and approval. The precise grading plan shall be prepared in accordance with the City's requirements for grading plan check I'1 including title block and format for the drawings. The precise grading plan shall delineate the location of the proposed retaining wall, elevations at top of wall, top of footing and finished grade on both sides of the retaining wall. (k) Applicant shall delineate construction details for the proposed retaining wall with calculations and a precise grading plan for City review and approval. (1) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. With the exception of the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study for the City's review and approval, prior to the issuance of any City permits. (m) If required by the Public Works Director, 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) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSUMP) requirements as required by the Public Works Director. (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. Applicant shall also provide service connections for water, gas, electric, etc. (p) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (q) The proposed residence shall comply with the State Energy Conservation Standards. (r) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (s) The proposed single-family residence is located within "Fire Zone 4" and shall meet all requirements of said zone. 7 (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 wails. (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. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (t) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and 1998 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) 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. (x) Building setback from top of slope at the rear of the property shall meet Section 18 of the 2001 California Uniform Building Code. (y) This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (z) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware 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. (aa) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's E: approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Richard Gould, 3480 Torrance Blvd., #300, Torrance, CA 90503, APPROVED AND ADOPTED THIS 27TH OF COMMISSION OF THE CITY OF DIAMOND BAR. BY: &/- Dan Nolan, Chairman APRIL 2004, BY THE PLANNING 1, 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 27th day of April 2004, by the following vote: AYES: Commissioners: NOES: None ABSENT: WC Tanaka ABSTAIN: None Tye, McManus, Low, C/Nolan ATTEST: James DeStefano, Secretary N PLANNING COMMISSION RESOLUTION NO. 2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-09, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY RESIDENCE WITH FOUR -CAR GARAGE, PATIO COVER, BALCONIES AND PORCH TOTALING TO APPROXIMATELY 10,500 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 21883 GOLDEN CANYON ROAD (LOT 2, TRACT NO. 47850), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant, Richard Gould of Windmill Estates, LLC, has filed an application for Development Review No. 2004-09 for a property located at 21883 Golden Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 16, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On April 14, 2004, public hearing notices were mailed to approximately 36 property owners of record within a 500 -foot radius of the project. Furthermore, the public hearing notice was posted in three public places within the City of Diamond Bar and the project site was posted with a display board by April 14, 2004. 3. On April 27, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Commission of the City of Diamond Bar has determined that this project is consistent with the previously certified Environmental Impact Report No. 91 -2 for Tract Map No. 47850. Therefore, no further environmental review is required. 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 21883 Golden Canyon Road (corner of Watercourse Drive/Golden Canyon Road; Lot two, Tract No. 47850) adjacent to a gated community identified as "The Country Estates". The project site, a vacant lot, is irregular shaped with an existing graded pad cited for development. According to the Tract Map, the project site, approximately 32,400 square feet (pad area of 17,480 square feet), has several easements located within the front portion of the project site. These easements are related to access, public utility and services and sanitary sewer. There are slopes in the side yard adjacent to Watercourse Drive and within the north portion of the rear yard. These slopes are listed on the 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 zone surround the project site: To the north, south, east and west is the R-1-20,000 Zone. (e) The Application request is to construct a two-story single-family residence with a four -car garage, patio cover, balconies and porch totaling to approximately 10,500 square feet. Additionally, the project request includes a retaining wall of varying height 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 6, 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 other 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, Watercourse Drive and Golden Canyon 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 singlefamily residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or (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. The proposed residence's architectural style, as referred to in the application as Mediterranean. This style is compatible with other residences in this tract of home and "The Country Estates" due to the eclectic architectural style that is existing in the area. The proposed materials/colors board is compatible with other residences within the area. The proposed materials/colors board was compared to colors and material previously approved for homes adjacent or near the project site. The comparison indicates that each lot's color scheme is somewhat similar to other colors chosen due to the fact that earth tones are being utilized. However, quoins and balusters, front entry and architectural style of the proposed residence will distinguish it from neighboring residences and will provide a desirable environment, good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety in color and texture. Prominent architectural features include the front entry flanked by columns, quoin accents, window style, and varying planes on the front facade, as well as the garage entry not being the 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 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 and as approved, the proposed project will be compatible with 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 (0, (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. 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 comply 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), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map No. 47850. Therefore, no further environmental review is required. 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, and colors/materials board collectively labeled as Exhibit "A" dated April 27, 2004, 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) The applicant shall submit a landscape/irrigation plan within 60 days of final inspection reflecting the landscaping guidelines and restrictions set forth by Tract Map No. 47850 revegetation plan with regards to the required plant palette on the slopes in the side and rear yards. The landscape plan shall delineate the type of planting materials, color, size, quantity and location for the City's review and approval. The approved landscaping and irrigation is required to be installed within six months of the project's final inspection or Certificate of Occupancy issuance. (d) Prior to constriction, the applicant shall install temporary constriction 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 Retaining wall located within the side yard adjacent to Watercourse Drive shall not exceed an exposed height of four feet. Walls/retaining walls, pilasters and similar structures located within the front yard setback shall not exceed an exposed height of 42 inches. The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., 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) Applicant shall submit a precise drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for the City's review and approval. The precise grading plan shall be prepared in accordance with the City's requirements for grading plan check including title block and format for the drawings. The precise grading plan shall delineate the location of the proposed retaining wall, elevations at top of wall, top of footing and finished grade on both sides of the retaining wall. (k) Applicant shall delineate construction details for the proposed retaining wall with calculations and a precise grading plan for City review and approval. (1) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. With the exception of the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study for the City's review and approval, prior to the issuance of any City permits. (m) If required by the Public Works Director, 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) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSUMP) requirements as required by the Public Works Director. (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. Applicant shall also provide service connections for water, gas, electric, etc. Prior to the issuance of any City permits, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (q) The proposed residence shall comply with the State Energy Conservation Standards. (r) Surface water shall drain away from the proposed residence at a twopercent minimum slope. (s) 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 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (t) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and 1998 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) 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. (x) Building setback from top of slope at the rear of the property shall meet Section 18 of the 2001 California Uniform Building Code. This grant is valid for two years and shall be exercised (i.e., construction started) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (z) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware 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. (aa) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified APPROVED AND ADOPTED THIS 27TH OF APRIL 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY !i Dan Nolan, 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 27th day of April 2004, by the following vote: AYES: Commissioners: Tye, McManus, Low, C/Nolan NOES: None ABSENT: ATTEST: 4� James DeStefano, Secretary