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HomeMy WebLinkAboutPC 2004-14PLANNING COMMISSION RESOLUTION NO. 2004-14 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-07 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A THREE-STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 4,258 GROSS SQUARE FEET INCLUDING TERRACES, PORCH, TWO CAR GARAGE AND A SITE RETAINING WALL WITH A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE'S ADDRESS IS 1200 CHISHOLM TRAIL (LOT 15, TRACT 37873), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner/applicant, Stephan Teran, filed a Development Review No. 2004-07 application for a property located at 1200 Chisholm Trail, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On April 1, 2004, 560 property owners within the project site's 500 -foot radius were mailed a public hearing notice and the site was posted with a display board. On April 6, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other sites were posted within the application's vicinity. 3. On April 27, 2004, the City of Diamond Bar Planning Commission 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act (CEQA), 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project is in Tract 37873, a 51 -lot subdivision. The site is one of the four remaining vacant lots off Cahill Place and Grand Avenue approved by Los Angeles County prior to City incorporation. The approximately .73 acre, 31986 square feet, vacant lot's address is 1200 Chisholm Trail. The irregularly shaped lot slopes downward toward the shopping center on the corner of Golden Springs Drive and Grand Avenue. There is a 50 feet utility easement at the northern property line and the Tract Map computes six feet of public right of way in the required setback area for building setbacks. (b) The project site's General Plan land use designation is Low Density Residential (RL) Maximum 3 DU/Acre and the zoning designation is Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1- 8,000). (c) The following zones and uses surrounds the project site: to the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -4-4U (condominiums) zone. (d) The application is a request to construct a three-story, single family residence of approximately 4,258 gross square feet including terraces, porch, two car garage and a site retaining wall with a maximum six feet exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. 2 Although the vacant project site was established before the adoption of the City's 1995 General Plan, the proposed project complies with the adopted General Plan's elements for Low Density Residential (RL) land use designation. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The proposed use is zoned for Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000). The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The proposed design and layout is compatible with the eclectic architectural style, design, materials, and colors of existing homes in the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The proposed design and layout is compatible with the architectural style, design, materials, and colors of existing homes within the surrounding area. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Modern. The project's architectural features include a single story with two car garage and dual entry door and porch at the streetscape; the garage meets the main house creating wings at approximately a 1350 angle; the structure cascades with the slope on the west side where it becomes three stories; on the east side it remains a two story structure; the rear elevation has terraces with wrought iron railings at the upstairs bedroom level and the downstairs dining room level; the large 3 windows allow maximum view; and stucco exterior for easy maintenance. These features and the varying composition roof lines add texture and contrast. The proposed materials/colors board allows variation when compared to the other homes, and therefore, provide a desirable environment for its occupants, visiting public, and its neighbors. The application is consistent with the City's Development Code and Design Guidelines. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The palette and the building's architecture blend into the streetscape nicely. A guiding principal for good site planning is that the siting and design of structures and landscaping should ensure that all blend into the terrain and do not dominate the landform as seen from lower elevations. This product does not oppose the above guiding principal and it cascades with the slope at a maximum height of 29 feet. The application is consistent with the City's Development Code and Design Guidelines. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants, visiting public, and its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils and hydrology reports, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. 4 The subject site is a sloping lot and the project cascades with the slope. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, landscape plan, and materials/colors board collectively labeled as Exhibit "A" dated April 27, 2004, as submitted to and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, . addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. 5 PUBLIC WORKS (d) A Precise Drainage and Grading Pian shall be prepared by a Civil Engineer, licensed by the State of California. Surface water must drain away from building (2% minimum slope). (e) The Precise Grading Plan shall be prepared in accordance with the City's Requirements. (f) The Precise Grading Plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. (g) Applicant shall delineate construction details for the proposed retaining wall with calculations and a Precise Grading Plan for City review and approval (h) Retaining wall design and calculations shall be submitted to the City's Building and Safety Division. (i) The Applicant shall provide service connections for Water, Sewer, Gas, Electric, etc. (j) Before the issuance of any permits issued between October 1st and April 15th, an Erosion Control Plan shall be required. (k) If required by the Public Works Director, the Applicant shall comply with Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. Before the issuance of any City permits, Best Management Practices (BMP's) shall be required to be incorporated into the project plans for both construction and post -construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP Fact Sheets can be obtained through this Division. (1) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. Applicant shall provide a hydrology study if required by the Public Works Director. (m) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (n) A geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. 9 (o) Applicant shall follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (p) Driveway slope shall be shown on plans. (q) The plans indicate an existing wall in the six feet public right of way. The applicant shall obtain an encroachment permit for this and any other improvements in the six feet right of way area from the Public Works Division. BUILDING AND SAFETY (r) The single family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (s) Pad finished elevations shall be approved by the Public Works Division. (t) Third story shall have two exits from floor. (u) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (v) The single family structure is located in "High h Fire Zone_' and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (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 nor more than %z inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/i inch screen. (w) This single family structure shall meet the State Energy Conservation Standards. (x) Smoke detectors shall be provided in all sleeping rooms. 7 PLANNING (y) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (z) 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. (aa) The structure's maximum height shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the City requires a licensed engineer to certify that the residential structure's height meets this requirement and submit it to the Building and Safety Division for review and approval. (bb) The site retaining walls shall be stucco to match the dwelling or slump stone to enhance the decorative aspect and not exceed a maximum six feet exposed height. (cc) Within 60 days of building permit issuance, a final landscape/irrigation plan reflecting the landscaping guidelines set forth by the Diamond Bar Municipal Code shall be submitted to the Planning Division for the review and approval. A final Planning Division approval for Certificate of Occupancy will be held until the landscaping is installed. (dd) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (ee) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (ff) The owner 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's Recorder's Office prior to the issuance of a building permit. 9 (gg) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (hh) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (ii) 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 mail to Stephan Teran, owner/applicant, at 648 Gardenia Avenue, Placentia, CA 92870. -APPROVED AND ADOP D THIS THE 27"' DAY OF APRIL 2004, BY THE PLANNING COMMISSION OF THE,6111OF DIAMOND BAR. By: /// 4 Dan Nolan, Chairman 9 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of April, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Low, McManus, Tye, Chair/Nolan Commissioner: WC Tanaka 10 PLANNING COMMISSION A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-07 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT A THREE-STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 4,258 GROSS SQUARE FEET INCLUDING TERRACES, PORCH, TWO CAR GARAGE AND A SITE RETAINING WALL WITH A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE'S ADDRESS IS 1200 CHISHOLM TRAIL (LOT 15, TRACT 37873), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner/applicant, Stephan Teran, filed a Development Review No. 2004- 07 application for a property located at 1200 Chisholm Trail, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On April 1, 2004, 560 property owners within the project site's 500 -foot radius were mailed a public hearing notice and the site was posted with a display board. On April 6, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other sites were posted within the application's vicinity. 3. On April 27, 2004, the City of Diamond Bar Planning Commission 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act (CEQA), 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 upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project is in Tract 37873, a 51 -lot subdivision. The site is one of the four remaining vacant lots off Cahill Place and Grand Avenue approved by Los Angeles County prior to City incorporation. The approximately .73 acre, 31986 square feet, vacant lot's address is 1200 Chisholm Trail. The irregularly shaped lot slopes downward toward the shopping center on the corner of Golden Springs Drive and Grand Avenue. There is a 50 feet utility easement at the northern property line and the Tract Map computes six feet of public right of way in the required setback area for building setbacks. (b) The project site's General Plan land use designation is Low Density Residential (RL) Maximum 3 DU/Acre and the zoning designation is Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1 8,000). (c) The following zones and uses surrounds the project site: to the north is the R-1 -8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -4-4U (condominiums) zone. (d) The application is a request to construct a three-story, single family residence of approximately 4,258 gross square feet including terraces, porch, two car garage and a site retaining wall with a maximum six feet exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Although the vacant project site was established before the adoption of the City's 1995 General Plan, the proposed project complies with the adopted General Plan's elements for Low Density Residential (RL) land use designation. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential The proposed use is zoned for Single Family Residence - Minimum Lot Size 8,000 Square Feet (R-1-8,000). The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The proposed design and layout is compatible with the eclectic architectural style, design, materials, and colors of existing homes in the surrounding area. There is no specific or additional community planned development for the (f The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The main structure and its placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Municipal Code. The proposed design and layout is compatible with the architectural style, design, materials, and colors of existing homes within the surrounding area. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development and The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Modern. The project's architectural features include a single story with two car garage and dual entry door and porch at the streetscape, the garage meets the main house creating wings at approximately a 1350 angle; the structure cascades with the slope on the west side where it becomes three stories; on the east side it remains a two story structure, the rear elevation has terraces with wrought iron railings at the upstairs bedroom windows allow maximum view; and stucco exterior for easy maintenance. These features and the varying composition roof lines add texture and contrast. The proposed materials/colors board allows variation when compared to the other homes, and therefore, provide a desirable environment for its occupants, visiting public, and its neighbors. The application is consistent with the City's Development Code and Design Guidelines. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The palette and the building's architecture blend into the streetscape nicely. A guiding principal for good site planning is that the siting and design of structures and landscaping should ensure that all blend into the terrain and do not dominate the landform as seen from lower elevations. This product does not oppose the above guiding principal and it cascades with the slope at a maximum height of 29 feet. The application is consistent with the City's Development Code and Design Guidelines. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants, visiting public, and its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to (i The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils and hydrology reports, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements The subject site is a sloping lot and the project cascades with the slope. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, landscape plan, and materials/colors board collectively labeled as Exhibit "A" dated April 27, 2004, as submitted to and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC (d) A Precise Drainage and Grading Plan shall be prepared by a Civil Engineer, licensed by the State of California. Surface water must drain away from building (2% minimum slope). (e) The Precise Grading Plan shall be prepared in accordance with the City's Requirements. (f) The Precise Grading Plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. (g) Applicant shall delineate constriction details for the proposed retaining wall with calculations and a Precise Grading Plan for City review and approval (h) Retaining wall design and calculations shall be submitted to the City's Building and Safety Division. (i The Applicant shall provide service connections for Water, Sewer, Gas, Electric, etc. (j) Before the issuance of any permits issued between October 18' and April 15th, an Erosion Control Plan shall be required. (k) If required by the Public Works Director, the Applicant shall comply with Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. Before the issuance of any City permits, Best Management Practices (BMP's) shall be required to be incorporated into the project plans for both constriction and post -constriction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP Fact Sheets can be obtained through this Division. (1) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. Applicant shall provide a hydrology study if required by the Public Works Director. (m) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (n) A geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (o) Applicant shall follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. ( Driveway slope shall be shown on The plans indicate an existing wall in the six feet public right of way. The applicant shall obtain an encroachment permit for this and any other improvements in the six feet right of way area from the Public Works Division. BUILDING AND SAFETY (r) The single family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (s) Pad finished elevations shall be approved by the Public Works Division. (t) Third story shall have two exits from floor. (u) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (v) The single family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (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 nor more than —/z inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (w This single family structure shall meet the State Energy Conservation Standards. (x) Smoke detectors shall be provided in all sleeping rooms. PLANNIN (y) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (z) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department (aa) The structure's maximum height shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the City requires a licensed engineer to certify that the residential structure's height meets this requirement and submit it to the Building and Safety Division for review and approval. (bb) The site retaining walls shall be stucco to match the dwelling or slump stone to enhance the decorative aspect and not exceed a maximum six feet exposed height. (cc) Within 60 days of building permit issuance, a final landscape/irrigation plan reflecting the landscaping guidelines set forth by the Diamond Bar Municipal Code shall be submitted to the Planning Division for the review and approval. A final Planning Division approval for Certificate of Occupancy will be held until the landscaping is installed. (dd) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (ee) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (ff) The owner 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's Recorder's Office prior to the issuance of a building �9 This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (hh) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (ii) 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 mail to Stephan Teran, owner/applicant, at 648 Gardenia Avenue, Placentia, APPROVED AND ADOP D THIS THE 27th DAY OF APRIL 2004, BY THE PLANNING COMMISSION OF THE, OF DIAMOND BAR. y Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 27th day of April, 2004, by the following vote: AYES: Commissioners: Low, McManus, Tye, Chair/Nolan NOES: ABSENT: Commission WC ABSTAIN ATTEST 4c�p mimes DeStefano, Secretary 1