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HomeMy WebLinkAboutPC 2004-30A. PLANNING COMMISSION RESOLUTION NO. 2004-30 A RESOLUTION OF THI COMMISSION APPROVIN AND CATEGORICAL E) CONSTRUCT A TWO -ST APPROXIMATELY 3,864 BALCONY AND TWO Cj WALL WITH A MAXIMUI PROJECT SITE'S ADDRE TRACT 37873), DIAMONE RECITALS The property owners/apl Development Review No. 1196 Chisholm Trail, Diar described in the title of thi: subject Development Revii as the "Application." 2. On July 13, 2004, 1,166 p radius were mailed a publ hearing notification for thi; Tribune and Inland Valle with a display board; ar application's vicinity. CITY OF DIAMOND BAR PLANNING 1 DEVELOPMENT REVIEW NO. 2004-12 MPTION 15303(x), A REQUEST TO IRY, SINGLE FAMILY RESIDENCE OF GROSS SQUARE FEET INCLUDING R GARAGE AND A SITE RETAINING SIX FEET EXPOSED HEIGHT. THE ;S IS 1196 CHISHOLM TRAIL (LOT 13, BAR, CALIFORNIA. licant, Narinder and Aasha Kumar, filed a 2004-12 application for a property located at fond Bar, Los Angeles County, California, as Resolution. Hereinafter in this Resolution, the N and Categorical Exemption shall be referred to perty owners within the project site's 700 feet hearing notice. On July 16, 2004, the public project was made in the San Gabriel Valle ails Bulletin newspapers; the site was posted three other sites were posted within the 3. On July 27, 2004, the Cityo Diamond Bar Planning Commission conducted and concluded a duly notic d 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 ( EQA), Section 15303(a). 3. The Planning Commissior having considered the rec below, and changes and al conditioned upon the propc evidence before this Planni will have the potential of habitat upon which the wilc this Planning Commission f contained in Section 753 Regulations. 4. Based upon the findings Commission hereby finds hereby specifically finds and determines that, ord as a whole including the findings set forth :erations which have been incorporated into and sed project set forth in the application, there is no ng Commission that the project proposed herein in adverse effect on wild life resources or the life depends. Based upon substantial evidence, ereby rebuts the presumption of adverse effects 5 (d) of Title 14 of the California Code of d conclusions set forth herein, this Planning 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 .27 acre, 11,630 square feet, vacant lot's address is 1196 Chisholm Trail The irregularly shaped lot slopes downward toward the shopping center on the corner of Golden Springs Drive and Grand Avenue. (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 a is the R-1-8,000 and Park; to the south is i east is the R-1-8,0 (condominiums) zone (d) The application is a r residence of approxim and two car garage ar exposed height. DEVELOPMENT REVIEW d uses surrounds the project site: to the north 1-3-8,000 30U zones and Sycamore Canyon e R-1-8,000 zone and Grand Avenue; to the ) zone; and to the west is the R -4-4U west to construct a two-story, single family sly 3,864 gross square feet including balcony a site retaining wall with a maximum six feet (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 vacan project site was established before the adoption of the City's 1995 C reneral Plan, the proposed project complies with the adopted Genes 1 Plan's elements for Low Density Residential (RL) land use designatioi 7. 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 surrounding area's existing homes. There is no specific radditional 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 cL designed for single does not change tl residence. The ma conform to the site Diamond Bar Munic compatible with the existing homes withi is not expected to ur, of neighboring exist traffic or pedestrian, entlyan undeveloped lot within an existing tract imily homes. The proposed new construction use intended for the site as a single family structure and its placement on the parcel :overage, setback, and height criteria of the W Code. The proposed design and layout is : hitectural style, design, materials, and colors of the surrounding area. The developed property aasonably interfere with the use and enjoyment g or future development and will not create (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 residence's architectural style is compatible with other residences within the tract The prominent architectural features at the streetscape include a single story with two car garage, dual entry door, porch, and the arch stucco window treatment shown on the west elevation on Exh bit "A': As conditioned herein, this feature be required and repeated on all elevations for aesthetics. The balconyat the rear elevation breaks the mass, and the structure cascades with the slope. These fe tures and the varying roof lines add texture and contrast. The proposed mater, als1colors board allows variation when compared to the other homes, and therefore, provide a desirable environment for its occupants, vis ting public, and its neighbors. The application is consistent with the C'ty'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 o 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 aesth 3tically appealing. The palette and the 6 ilding's architecture blend into the streetscape nicely. A guiding principal for good site planning is that the siting and design of structures aj 7d landscaping should ensure that all blend into the terrain and dont dominate the landform as seen from lower elevations. This prodL ct does not oppose the above guiding principal and it cascades with tj 7e slope at a maximum height of approximately 30 feet. The applicaton is consistent with the City's Development Code and Design GO Jelines. As referenced in the Bove findings, colors, materials, and textures proposed are complin entary to the existing homes within the area while offering variety z nd low levels of maintenance. Therefore, the proposed project wil 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 re orts, fire department approval, structural plan check, City permits, at id inspections are required for construction. These processes will qnsure that the finished project will not be detrimental to the put lic health, safety, or welfare, or materially injurious to the property s or improvements in the vicinity. The subject site is slope. By maintainit residential structui properties. Therefor detrimental with res (j) The proposed pro provisions of the C The City has dete the 1970 Cali Section 15303(a). a sloping lot and the project cascades with the rg the allowed height requirements, the proposed e allows view corridors for the neighboring e, the proposed residence will not be significantly oect to view blockage impact. has been reviewed in compliance with the nia Environmental Quality Act (CEQA), that this project is categorically exempt per Environmental Quality Act (CEQA), 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 s bstantially conform to site plan, floor plans, elevations, roof plan, sections, grading plan, landscape/irrigation plan, and materials/colors board collectively labeled as Exhibit "A" dated July 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 implementation of the and after the construction, addition, or 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 ontractor, 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 theapplicant'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 egins, the applicant shall install temporary construction fencing ursuant to the Building and Safety Division's requirements along he project site's perimeter. The fence shall remain at the buildabl pad to ensure no construction equipment or debris of any kind is pl Iced within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its r moval. Sanitation facilities shall be provided during construction. 5 PUBLIC WORKS (d) Prior to the gradi geotechnical report the State of Califorr 9 plan review, the applicant shall submit a prepared by Geotechnical Engineer, licensed by a, for review and approval by the City. (e) Upon approval of the geotechnical report, the applicant shall submit a Drainage and Grading Plan prepared by a Civil Engineer, licensed by the State of California, for review and approval. Surface water must drain away from building (2% minimum slope). (f) The Grading Plans all be prepared in accordance with the City's Requirements for Grading Plan Check. Requirements for grading plan check can be obtained from the Public Works Division. (g) The Grading Plan shall indicate 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; and construction details shall be indicated on the Grading Plan. (h) Prior to any Building aid Safety Division submittals, a grading permit shall be obtained fron the Public Works Division. (i) Prior to building pe rmit issuance-, retaining wall design and calculations shall be submitted to the City's Building and Safety Division for review and approval. {j) The Applicant shall provide service connections for Water, Sewer, Gas, Electric, etc., on he grading plan. (k) An Erosion Control P an shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures must be, October 1 and April 1 implemented during construction between . (I) This project is not ex mpt from the Standard Urban Stormwater Mitigation Plan (SUS P) requirements and Best Management Practices (BMP's) shall be incorporated into the project plans for both construction and Post -construction activities. BMP Fact Sheets can be obtained through the Public Works Division. (m} An encroachment permit shall be required and obtained from the Public Works Division to construct a new 5 foot wide sidewalk behind the existing curb and gutter in front of the applicant's property and to construct a new driveway approach. This encroachment permit must be obtained and the onstruction of the sidewalk and driveway approach installed rior to any final inspections. The garage is set back less than 24 feet from the roadway; therefore, the width of the driveway shall not exceed the garage door width plus two feet. (n) The Applicant shall replace existing depressed curb and gutter at driveway and approximately 10 feet of existing curb and gutter to the north of the driveway. Any centerline ties that are removed as part of this construction shall be replaced and recorded with the County of Los Angeles Public Works Surveyor prior to any City final inspections. (o) All storm water 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. If required by the Public Works Director, a hydrology study shall be submitted with the drainage plans. (p) Finished slope shall conform to City Code Section 22.22.080. The maximum allowed sl pe is 2:1. (q) Rough and final grade certifications by project soils and civil engineers shall be submitted to the Public Works and Building & Safety Divisions prioi to placement of concrete pads and the issuance of any final inspections respectively. (r) Driveway slope shall be shown on plans. BUILDING AND SAFETY (s) The single family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Electrical Code requirements. (t) The minimum design "C" wind pressure shall be 80 miles per hour and exposure. (u) 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 un er-floor areas shall be constructed as exterior walls; (3) All openings in o the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less 7 than 1/a inch ior more than 1/2 inch in any dimension except where such c penings are equipped with sash or door; (4) Chimneys stall have spark arresters of maximum 1/2 inch screen. (v) This single family structure shall meet the State Energy Conservation Standards. (w) Footings shall be designed for expansive soils. (x) Plans shall indicateoff-set at family room on the rear elevation. (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 appro al. PLANNING (aa) The site plan, land cape/irrigation plan, and grading plan shall indicate the setbacks as indicated on Exhibit "A" and in the setback table shown in the staff report. (bb) Driveway width shall Section 22.30.080 of plan and grading plan (cc) A certified land survr: prior to footing insi consistency with Exhi report. (dd) The site retaining wall stone to enhance the six feet exposed heig (ee) The arch stucco wi Exhibit "A" shall be �e revised per Diamond Bar Municipal Code, all plans to 18 feet: site, landscape/irrigation at the Applicant's expense shall be required action to verify the setback locations for it "A" and the setback table shown in the staff shall be stucco to match the dwelling or slump ecorative aspect and not exceed a maximum V treatment shown on the west elevation of ired and repeated on all elevations. (ff) 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, a licensed engineer at Applicant's expense shall certify that the residential stru ture's height meets this condition and it shall be submitted to approval. (gg) Prior to the issuanc plan reflecting the I Bar Municipal Code includes a variety shrubs, and trees, review and approva walls shall be heavi Planning Division ar until the landscapin( Building and Safety Division for review and , of any city permits, a final landscape/irrigation ndscaping guidelines set forth by the Diamond Lnd Suggested Plant Species list for slopes which f grasses and ground cover, flowering plans, hall be submitted to the Planning Division for Additionally, the exposed faces of the retaining landscaped to enhance the aesthetics. A final )roval for Certificate of Occupancy shall be held is installed. (hh) Applicant shall com ly with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the FirE Department. (n) The single family re creates adverse eff( setting of the resider traffic, or other distui and shall not result ii and resources. The com mercial/institutic dwelling. The proper result in a nuisance c neighborhood. sidence shall not be utilized in a manner that cts upon the neighborhood and environmental tial site to levels of dust, glare/light, noise, odor, )ances to the existing residential neighborhood significantly adverse effects on public services single family residence shall not be used for ial purposes, or otherwise Used as a separate V shall not be used for regular gatherings which which create traffic and parking problems in the 0j) The owners 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 Re order's'Office prior to the issuance of a building permit. (kk) This grant is valid (i.e., construction) wi (1) year extension n writing at least 60 d Commission will cor public hearing in ac Diamond Bar Develc for two (2) years and shall be exercised iin that period or this grant shall expire. A one- iy be approved when submitted to the City in ys prior to the expiration date. The Planning ider the extension request at a duly noticed ordance with Chapter 22.72 of the City of ment Code. (II) This grant shall not be effective for any purpose until the permittee and owners of the pror erty involved (if other than the permittee) have filed, within fifteen (15 1 days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, L their affidavit stating that they are aware and agree to accept all the conditions of this grait. Further, this grant shall not be effective until the permittee pays rE maining City processing fees. (mm) If the Department of Code Section 711.4 applicant shall rem! approval, a cashier's in connection with Fi; this project is not e project has more ft applicant shall also such fee and any fin( The Planning Commission shall: (a) Certify to the =ish and Game determines that Fish and Game applies to the approval of this project, then the to the City, within five days of this grant's ;heck of $25.00 for a documentary handling fee h and Game Code requirements. Furthermore, if tempt from a filing fee imposed because the n a deminimis impact on fish and wildlife, the ►ay to the Department of Fish and Game any which the Department determines to be owed. of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Narinder and Aas a Kumar, owners/applicant, at 13535 Flatbush Avenue, Norwalk, C 90650. APPROVED AND ADOP PLANNING COMMISSION OF THE C 2 an Nolan, Chairman ) THIS THE 27th DAY OF JULY 2004, BY THE OF DIAMOND BAR. I, James DeStefano, Planning Co mission 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 27t day of July, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: A -EST: Commissioners Commissioner Tye DeSt�fano, us, WC Tanaka, Low, Chair Nolan 10 PLANNII RESOLU A RESOLUTION OF THE COMMISSION APPROVIN AND CATEGORICAL E)I CONSTRUCT A TWO -ST APPROXIMATELY 3,864 BALCONY AND TWO CJ WALL WITH A MAXIMUI PROJECT SITE'S ADDR TRACT 37873), DIAMON A. RECITALS G COMMISSION ION NO. 2004-30 CITY OF DIAMOND BAR PLANNING G DEVELOPMENT REVIEW NO. 2004-12 ;EMPTION 15303(a), A REQUEST TO DRY, SINGLE FAMILY RESIDENCE OF GROSS SQUARE FEET INCLUDING R GARAGE AND A SITE RETAINING SIX FEET EXPOSED HEIGHT. THE SS IS 1196 CHISHOLM TRAIL (LOT 13, BAR, CALIFORNIA. 1 The property owners/ap licant, Narinder and Aasha Kumar, filed a Development Review No. 2004-12 application for a property located at 1196 Chisholm Trail, Dia and Bar, Los Angeles County, California, as described in the title of thi Resolution. Hereinafter in this Resolution, the subject Development Revi w and Categorical Exemption shall be referred to as the "Application." 2. On July 13, 2004, 1,166 p operty owners within the project site's 700 feet radius were mailed a publ c hearing notice. On July 16, 2004, the public hearing notification for thi project was made in the San Gabriel Valley Tribune and Inland Valle ail Bulletin newspapers; the site was posted with a display board; an three other sites were posted within the application's vicinity. 3. On July 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 ( EQA), Section 15303(a). 3. The Planning Commissio hereby specifically finds and determines that, having considered the re ord as % whole including the findings set forth below, and changes and al erations which have been incorporated into and conditioned upon the prop sed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of habitat upon which the wild this Planning Commission t contained in Section 753 Regulations. in adverse effect on wild life resources or the life depends. Based upon substantial evidence, ereby rebuts the presumption of adverse effects —5 (d) of Title 14 of the California Code of 4. Based upon the findings a Commission hereby finds a (a) The project is in Trac the four remaining v approved by Los Ar approximately .27 ac 1196 Chisholm Trail toward the shopping and Grand Avenue. d conclusions set forth herein, this Planning follows: t 37873, a 51 -lot subdivision. The site is one of scant lots off Cahill Place and Grand Avenue geles County prior to City incorporation. The re, 11,630 square feet, vacant lot's address is The irregularly shaped lot slopes downward center on the corner of Golden Springs Drive (b) The project site's Ge eral Plan land use designation is Low Density Residential (RL) Maximum 3 DU/Acre and the zoning designation is Single Family Reside ce-Minimum Lot Size 8,000 Square Feet (R-1- 8,000). (c) The following zones a is the R-1-8,000 and Park; to the south is t east is the R-1-8,0 (condominiums) zone. (d) The application is a r residence of approxim and two car garage ar exposed height. DEVELOPMENT REVIEW (e) The design and layout with the General Plar district, design guidelii area (e.g., theme area: or planned developme id uses surrounds the project site: to the north 1-3-8,000 30U zones and Sycamore Canyon ie R-1-8,000 zone and Grand Avenue; to the 0 zone; and to the west is the R -4-4U 0 :quest to construct a two-story, single family itely 3,864 gross square feet including balcony d a site retaining wall with a maximum six feet of the proposed development are consistent , development standards of the applicable es, and architectural criteria for specialized specific plans, community plans, boulevards, its. M (9) Although the vacan of the City's 1995 the adopted Gener land use designatio General Plan obje integrity of resident The proposed use Size 8,000 Square placement on the p height criteria of th design and layout i, design, materials, There is no specific the site. The design and layo with the use and development will not The project site is cu designed for single does not change th residence. The mai conform to the site Diamond Bar Munic project site was established before the adoption eneral Plan, the proposed project complies with I Plan's elements for Low Density Residential (RL) . The proposed structure complies with the City's Yves and strategies related to maintaining the / neighborhoods and open space. zoned for Single Family Residence -Minimum Lot Feet (R-1-8,000). The main structure and its rcel conform to the site coverage, setback, and Diamond Bar Municipal Code. The proposed compatible with the eclectic architectural style, nd colors surrounding area's existing homes. radditional community planned development for t of the proposed development will not interfere njoyment of neighboring existing or future create traffic or pedestrian hazards. rentlyan undeveloped lot within an existing tract 'amily homes. The proposed new construction use intended for the site as a single family structure and its placement on the parcel overage, setback, and height criteria of the al Code. The proposed design and layout is compatible with the a existing homes withi is not expected to un of neighboring existi traffic or pedestrian h The architectural desi with the characteristi maintain and enha development contem Design Guidelines, or chitectural style, design, materials, and colors of the surrounding area. The developed property asonably interfere with the use and enjoyment g or future development and will not create zards.. n of the proposed development is compatible s of the surrounding neighborhood and will e the harmonious, orderly and attractive Iated by Chapter 22.48, the General Plan, City any applicable specific plan. The proposed residen 's architectural style is compatible with other residences within the act. The prominent architectural features at the streetscape include a single story with two car garage, dual entry door, porch, and the arch stucco window treatment shown on the west elevation on Exhibit A': As conditioned herein, this feature be required and repeated on all elevations for aesthetics. The balconyat the rear elevation bre ks the mass, and the structure cascades with the slope. These fe contrast. (h) The proposed mate to the other homes, Therefore, the prop( and enhance the h: contemplated by C Guidelines. There is lures and the varying roof lines add texture and Is/colors board allows variation when compared nd 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. The design of the pi environment for its neighbors, through gc that will remain aesth The palette and the bi nicely. A guiding princ design of structures a the terrain and do no elevations. This prod( and it cascades with t ed project is consistent with and will maintain rmonious, orderly and attractive development apter 22.48, the General Plan, City Design o applicable specific plan. oposed development will provide a desirable )ccupants and visiting public, as well as its ,od aesthetic use of materials, texture, and color etically appealing. ilding's architecture blend into the streetscape ipal for good site planning is that the siting and d landscaping should ensure that all blend into t dominate the landform as seen from lower ct does not oppose the above guiding principal e slope at a maximum height of approximately 30 feet. The application is consistent with the City's Development Code and Design Guidelines. As referenced in the proposed are complir while offering variety, proposed project wi occupants, visiting pu, use of materials, tex appealing. Additional/ runs with the land to r bove findings, colors, materials, and textures ientary to the existing homes within the area !nd low levels of maintenance. Therefore, the provide a desirable environment for its lic, and its neighbors, through good aesthetic ure, and color that will remain aesthetically a Covenant and Agreement is required and aintain a single family residence. ro (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 r sale(s) of property) to the properties or improvements in the vicinity. Soils and hydrology re— check, City permits, a These processes will detrimental to the put injurious to the properti orts, fire department approval, structural plan !d inspections are required for construction. ensure that the finished project will not be lic health, safety, or welfare, or materially es or improvements in the vicinity. 5. G) detrimental with re properties. Thereto residential structu The subject site is slope. By maintaini a sloping lot and the project cascades with the ig the allowed height requirements, the proposed allows view corridors for the neighboring e, the proposed residence will not be significantly ect to view blockage impact. The proposed prof ct has been reviewed in compliance with the provisions of the C lifornia Environmental Quality Act (CEQA). the 1970 Califo Section 15303(a). The City has deter Based upon the findings Commission hereby appr conditions: ned that this project is categorically exempt per is Environmental Quality Act (CEQA), and conclusion set forth above, the Planning ves this Application subject to the following (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, sections, grading plan, landscape/irrigation plan, and materials/colors board collectively labeled as Exhibit "A" dated July 27, 2004, as submitted to and approved by the Planning Commission, and as amended herein. (b) The subject site sh debris both during implementation of th trash, debris, and construction, shall be duly permitted waste to provide collection, residential, commerc City. It shall be the contractor utilized ha to provide such servi (c) Before construction construction fencing requirements along II be maintained in a condition that is. free of and after the construction, addition, or entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by ontractor, who has been authorized by the City ransportation, and disposal of solid waste from al, construction, and industrial areas within the pplicant's obligation to insure that the waste obtained permits from the City of Diamond Bar es. egins, the applicant shall install temporary ursuant to the Building and Safety Division's e project site's perimeter. The fence shall pad to ensure no construction equipment or remain at the buildabl debris of any kind is pl the Planning Division Official approves its r during construction. ced within the vegetated area until released by d the balance shall remain until the Building moval. Sanitation facilities shall be provided PUBLIC WORKS (d) Prior to the gradin geotechnical report p the State of Californi f plan review, the applicant shall submit a repared by Geotechnical Engineer, licensed by a, for review and approval by the City. (e) M (9) Upon approval of the Drainage and Gradin the State of Californi drain away from builk The Grading Plan s Requirements for Gr check can be obtain geotechnical report, the applicant shall submit a 3 Plan prepared by a Civil Engineer, licensed by a, for review and approval. Surface water must ling (2% minimum slope). all be prepared in accordance with the City's ding Plan Check. Requirements for grading plan d from the Public Works Division. The Grading Plan sh II indicate 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; and construction details shall be indicated on he Grading Plan. (h) Prior to any Building and Safety Division submittals, a grading permit shall be obtained fro the Public Works Division. (i) Prior to building pi calculations shall be Division for review an rmit issuance, retaining wall design and submitted to the City's Building and Safety approval. (j) The Applicant shall pQovide service connections for Water, Sewer, Gas, Electric, etc., on the grading plan. (k) An Erosion Control Pan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures must be implemented during construction between October 1 and April 15. (I) This project is not ex Mitigation Plan (SUS Practices (BMP's) shall construction and post -c be obtained through thi (m) An encroachment pen Public Works Division t the existing curb and gi construct a new drivew— be obtained and the .mpt from the Standard Urban Stormwater AP) requirements and Best Management be incorporated into the project plans for both onstruction activities. BMP Fact Sheets can Public Works Division. iit shall be required and obtained from the construct a new 5 foot wide sidewalk behind tter in front of the applicant's property and to y approach. This encroachment permit must onstruction of the sidewalk and driveway approach installed back less than 24 f driveway shall not e (n) The Applicant shall driveway and appro: north of the drivewa this construction shy Los Angeles Public (o) All storm water dr conveyed from the drainage shall be ci Public Works Direct drainage plans. (p) maximum allowed sl shall be cover Finished slope shall conform to City Code Section 22.22.080. The (q) Rough and final g engineers shall be Safety Divisions prior of any final inspectio (r) Driveway slope shall BUILDING AND SAFETY irior to any final inspections. The garage is set et from the roadway; therefore, the width of the cceed the garage door width plus two feet. replace existing depressed curb and gutter at imately 10 feet of existing curb and gutter to the . Any centerline ties that are removed as part of II be replaced and recorded with the County of /orks Surveyor prior to any City final inspections. Linage/runoff from the development shall be ite to the natural drainage course. No on-site nveyed to adjacent parcels. If required by the —r, a hydrology study shall be submitted with the pe is 2:1. ade certifications by project soils and civil ubmitted to the Public Works and Building & to placement of concrete pads and the issuance is respectively. be shown on plans. (s) The single family strcture shall meet the 2001 California Codes: Uniform Building Cod , Uniform Plumbing Code, Uniform Mechanical Code, Electrical Code requirements. (t) The minimum design "C" exposure. (u) The single family str meet the following re wind pressure shall be 80 miles per hour and Dture is located in "High Fire Zone" and shall uirements of that fire zone: shall be "Fire Retardant, Class A"; the roofs pped at the eaves to preclude entry of the rs under the fire; er-floor areas shall be constructed as exterior (3) All openings into the attic, floor, and/or other enclosed areas shall be fire st flame or memb (2) All enclosed un walls; (1) All roof coverin with corrosion-resistant wire mesh not less than 1/a inch or more than 1/2 inch in any dimension except where such penings are equipped with sash or door; (4) Chimneys s all have spark arresters of maximum 1/2 inch screen. PLANNING Standards. (v) This single family structure shall meet the State Energy Conservation (w) (x) Plans shall indicate (Y) igned for expansive soils. ff-set at family room on the rear elevation. ion 18 of the 2001 California Building Code. m any slope (top or toe) shall meet the (z) - Prior to the issuanceof any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and appro al. (aa) The site plan, larid4cape/irrigation plan, and grading plan shall indicate the setbacks as indicated on Exhibit "A" and in the setback table shown in the staff report. (bb) Driveway width shall be revised per Diamond Bar Municipal Code, Section 22.30.080 o all plans to 18 feet: site, landscape/irrigation plan and grading plan. (cc) A certified land surve prior to footing ins consistency with Exhi report. (dd) The site retaining wall stone to enhance the six feet exposed heig (ee) The arch stucco wind Exhibit "A" shall be re at the Applicant's expense shall be required ection to verify the setback locations for it "A" and the setback table shown in the staff shall be stucco to match the dwelling or slump ecorative aspect and not exceed a maximum it. w treatment shown on the west elevation of uired and repeated on all elevations. (ff) The structure's maxim finish grade at any ext the roofline. The 35 f inspection, a licensed that the residential stru m height shall not exceed 35 feet from the rior wall of the structure to the highest point of et includes the chimneys. At roof sheathing ngineer at Applicant's expense shall certify ture's height meets this condition and it shall be submitted to th approval. (gg) (hh) (ii) Building and Safety Division for review and Prior to the issuance of any city permits, a final landscape/irrigation plan reflecting the I ndscaping guidelines set forth by the Diamond Bar Municipal Code nd Suggested Plant Species list for slopes which includes a variety f grasses and ground cover, flowering plans, shrubs, and trees, hall be submitted to the Planning Division for review and approval. Additionally, the exposed faces of the retaining walls shall be heavily landscaped to enhance the aesthetics. A final Planning Division approval for Certificate of Occupancy shall be held until the landscaping is installed. approved by the Fir Division; and Publi Applicant shall com result in a nuisance o neighborhood. dwelling. The prope and resources. The com merciavinstitutio and shall not result i ly with Planning and Zoning; Building and Safety Works Division; and the application shall be Department. idence shall not be utilized in a manner that cts upon the neighborhood and environmental itial site to levels of dust, glare/light, noise, odor, ances'to the existing residential neighborhood traffic, or other distur creates adverse eff setting of the reside The single family re (jj) The owners shall co Maintain a Single Fa City. The covenant Angeles County's Re permit. (kk) Diamond Bar Develo Commission will con public hearing in ac writing at least 60 d (1) year extension m This grant is valid (i.e., construction) wit significantly adverse effects on public services single family residence shall not be used for al purposes, or otherwise used as a separate shall not be used for regular gatherings which which create traffic and parking problems in the plete and record a "Covenant and Agreement to ily Residence" on a form to be provided by the ust be completed and recorded with the Los order's Office prior to the issuance of a building for two (2) years and shall be exercised in that period or this grant shall expire. A one y be approved when submitted to the City in ys prior to the expiration date. The Planning ider the extension request at a duly noticed ordance with Chapter 22.72 of the City of ment Code. (II) This grant shall not b effective for any purpose until the permittee and owners 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. (mm) If the Department of ish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remi to the City, within five days of this grant's approval, a cashier's heck of $25.00 for a documentary handling fee in connection with Fi h and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more th n a deminimis impact on fish and wildlife, the applicant shall also ay to the Department of Fish and Game any such fee and any fin 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 Narinder and Aas a Kumar, owners/applicant, at 13535 Flatbush Avenue, Norwalk, C 90650. APPROVED AND ADOPTED THIS THE 27th DAY OF JULY 2004, BY THE PLANNING COMMISSION OF THE CI OF DIAMOND BAR. By: an Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced j3"passed, and adopted, at a regular meeting of the Planning Commission held on the 27t day of July, 2004, by the following vote: AYES: Commissioners: McM nus, V/C Tanaka, Low, Chair Nolan NOES: ABSENT: Commissioner Tye ABSTAIN: AT'.EST: tc ryes DeSt fano, S retary 10