Loading...
HomeMy WebLinkAboutPC 2004-32PLANNING COMMISSION RESOLUTION NO. 2004-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-18 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN APPROXIMATE 991 SQUARE FOOT ADDITION (INCLUDING A 126 SQUARE FOOT BASEMENT) TO AN EXISTING 1,260 SQUARE FOOT ONE-STORY SINGLE FAMILY DWELLING. THE PROJECT SITE IS LOCATED AT 22702 EAGLESPUR ROAD (LOT 11, TRACT NO. 28092), DIAMOND BAR, CALIFORNIA. RECITALS A. The property owners Elizabeth Fields and Douglas Austin, have filed an application for Development Review No. 2004-18 and categorical exemption for a property located at 2202 Eaglespur Road, Diamond Bar, Los Angeles County, California. Hereinalfter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." B. On July 30, 2004, public hearing notices were mailed to approximately 68 property owners within a 560 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On July 30, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. C. On August 10, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. 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. B. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Article 19 Section 15301 Class 1 (e) (Existing Facilites) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: The project site is located at 22702 Eaglespur Road (Lot 11, Tract No. 28092) and is an odd pie -shaped parcel with a northerly descending slope towards the front property line. According to the Tract map, the project site is approximately .60 gross acres (26,453 square feet). 2. The project site has a General Plan Land Use designation of Low Medium Residential (RLM) Maximum 5 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone interpreted as RLM Zone. 4. Generally, the following zone surrounds the project site: to the north, south, east and west is the R-1-8,000 Zone. 5. The Application request is to construct an approximate 991 square foot addition (including a 126 square foot basement) to an existing 1,260 square foot one-story single-family dwelling. E. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, spiecific plans, community plans, boulevards, or planned developments). 2 The project site is an existing developed site currently occupied by a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for development within this zoning district, and is consistent with other development within the immediate area. As a result, 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 will maintain an architectural style (Post Modem) and construction materials, which are compatible with the eclectic architectural styles, colors, and material of other homes within vicinity. 2. 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. The project site is On existing developed single-family residential parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Eaglespur Road adequately serves the project site and was established to handle minimum traffic created by this type of developntrent. 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain 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 is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's ! General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. The design of the p6posed 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. 3 F The "Post Modem"design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. 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. Before the issuance] of City development permits, the proposed project is required to comply with all conditions set forth in this 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 will not be detrimental to the public health, safety or welfare nor will if be materially injurious to the properties or improvements in the vicinity. 6. The proposed proje t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19 Section 15301 Class 1(e) (Existing Facilities). The categorical exemption reflects the independent judgment of the City of Diamond Bar. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: The project shall substantially conform to site plan, floor plans, and elevation plan and materials/colors board collectively labeled as Exhibit "A" as presentled to the Planning Commission on August 10, 2004, and as amended herein. 2. 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, the 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, 4 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. 3. The applicant shall submit a more detailed colors and materials board to the City Planning Division for review and approval prior to the issuance of building permits. 4. Prior to the issuance of any City permits, the applicant shall be required to submit a;final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 5. Maximum height of �he residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 6. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels Of dust, glare/light, noise, odor, traffic, or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutiorial purposes, or otherwise used as a separate dwelling. The proper�y shall not be used for regular gatherings which result in a nuisance o which create traffic and parking problems in the neighborhood. 7. 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 shall be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. 8. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. A construction fence must protect the site.', 9. Before construction �begins, the applicant shall install temporary construction fencingursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 10. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 11. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 12. The single-family structure is located in High Fire Zone and shall meet the all requirements for such zone. 1. All roof coveri g shall be "Fire Retardant, Class A"; the roofs shall be fire topped at the eaves to preclude entry of the flame or mem ers 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/ inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. Chimneys shall have spark arrestors of maximum '/2 -inch screen. 13. This single-family structure shall meet the State Energy Conservation Standards. 14. Any retaining wall permits shall be obtained from the Engineering Department. 15. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 16. If applicable and prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 17. Before the issuance of any City permits, the applicant shall submit an erosion control plan fpr 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) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 18. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 19. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall be prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the followi g: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines aid drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surface and finished grade of all walls/retaining walls and retaining Wall calculations. 20. Prior to the issuance of fitteany City permits, the proposed construction plans shall be sub d to the Fire Department for review and approval. 21. All utility service to the proposed project shall be installed underground. 22. Prior to the issuance of a building permit, the property owner/ applicant shall obtain an encroachment permit from the Public Works/Engineering Division for the existing wall in the public right-of- way with the following conditions: (a) Owner/applicant's structural/civil engineer shall certify the structural inte rity of the existing wall. (b) Owner/applicant shall submit a drainage/precise grading plan illustrating the direction and degree of flow on the site. Eliminate any, drainage seeping through the wall onto the sidewalk by redgrouting the wall. A plan check fee of $170.00 will be required to review the submitted drainage/precise grading plans.i Once the plans have been approved, a fee of $170.00 will be required for inspection. (c) Owner/applicant shall relocate sprinklers and adjust them so they do not spray over the sidewalk area (if applicable) 7 (d) The owner/applicant shall execute and record a covenant agreement to maintain and hold the City harmless for all improvements within the public right-of-way. (e) Any and all improvements within the public right-of-way shall be completed by appropriately licensed, insured, bonded construction contractor. (f) A cash deposit or bond equal to valuation of any improvements in the public right-of-way shall be posted with the City before an encroachment permit can be issued. 23. In accordance with the Department of Fish and Game Section 711.4, 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 Fi h and Game Code requirements. 24. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expirationdate. The Planning Commission may consider the extension reques at a duly noticed public hearing in accordance with Chapter 22.72 o the City of Diamond Bar Development Code. 25. This entitlement sh ll 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 the approval date, 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 become effective until the permittee pays any remaining City processing fees. 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 Elizabeth Fields and Douglas Austin, 22702 Eaglespur Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS THE 10TH DAY OF AUGUST 2004, BY THE PLANNING COMMISSION OF THEiCIT)�OF DIAMOND BAR. 0 Jaa rY Dan Nolan, Chairm 8 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 10`h of August 2004, by the following vote: AYES: Commissioners: McManus, WC Tanaka, Low, Tye, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None ATTEST: f ames De�Stefano, Secretary W PLANNING COMMISSION RESOLUTION NO. 2004-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-18 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT AN APPROXIMATE 991 SQUARE FOOT ADDITION (INCLUDING A 126 SQUARE FOOT BASEMENT) TO AN EXISTING 1,260 SQUARE FOOT ONE-STORY SINGLE FAMILY DWELLING. THE PROJECT SITE IS LOCATED AT 22702 EAGLESPUR ROAD (LOT 11, TRACT NO. 28092), DIAMOND BAR, CALIFORNIA. RECITALS A. The property owners Elizabeth Fields and Douglas Austin, have filed an application for Development Review No. 2004-18 and categorical exemption for a property located at 227f02 Eaglespur Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." B. On July 30, 2004, public hearing notices were mailed to approximately 68 property owners within a 560 -foot radius of the project site and the project site was posted with a display board and the public notice was posted in three public places. On July 30, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. C. On August 10, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. II. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part N of this Resolution are true and correct. B. The Planning Commission hereby finds that the project identified above in this Resolution is categoric IIy exempt pursuant to Article 19 Section 15301 Class 1 (e) (Existing Facilities) of the California Environmental Quality Act (CEQA) and guidelines I promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. C. 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. D. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1 The project site is located at 22702 Eaglespur Road (Lot 11, Tract No. 28092) and is an odd pie -shaped parcel with a northerly descending slope towards the front property line. According to the Tract map, the project site is approximately .60 gross acres (26,453 square feet). 2. The project site has a General Plan Land Use designation of Low Medium Residential (RLM) Maximum 5 DU/AC. 3. The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone interpreted as RLM Zone. 4. Generally, the following zone surrounds the project site: to the north, south, east and west Is the R-1-8,000 Zone. 5. The Application request is to construct an approximate 991 square foot addition (including a 126 square foot basement) to an existing 1,260 square foot one-story single-family dwelling. E. Development Review In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: 1. The design and layout', of the proposed development is 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 The project site is an existing developed site currently occupied by a single-family residence. The proposed project as conditioned is consistent with the General Plan in that it will maintain the integrity and not degrade this residential area. The proposed project, as conditioned within this resolution, will maintain the required setbacks, height requirements and lot coverage provisions. The proposed project is not unusual for development within this zoning district, and is consistent with other development within the immediate area. As a result, the proposed project complies with the General Plan objectives and strategies and th:e City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project will maintain an architectural style (Post Modem) and construction materials, which are compatible with the eclectic architectural styles, colors, and material of other homes within vicinity. 2. 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. The project site is an existing developed single-family residential parcel of land surrounded by existing developed residential development of the same proposed size and intensity. Therefore, the proposed project will compliment the development of the neighborhood. Additionally, Eaglespur Road adequately serves the project site and was established to handle minimum traffic created by this type of development. 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain 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 is consistent with the surrounding development in terms of mass and scale. Furthermore, the project meets or exceeds the City's Development Review Standards, City Design Guidelines and City's! General Plan policies. As a result, the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Development Review Standards, City Design Guidelines, and the City's General Plan. There is no applicable specific plan for this area. 4. 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. 3 The 'Post Modem"design proposes the use of a variety of compatible building materials and earth tone colors to soften the home's impact and assist in preserving the hillside's aesthetic value. 5. 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. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this 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 will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. The proposed proje t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19 Section 15301 Class 1 (e) (Existing Facilities). The categorical exemption reflects the independent judgment of the City of Diamond Bar. F. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 1 The project shall substantially conform to site plan, floor plans, and elevation plan and Materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on August 10, 2004, and as amended herein. 2. 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, the 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, 4 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. 3. The applicant shall submit a more detailed colors and materials board to the City Planning Division for review and approval prior to the issuance of building permits. 4. Prior to the issuance of any City permits, the applicant shall be required to submit a,final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. All landscaping and irrigation shall be installed prior to the Issuance of a Certificate of Occupancy. 5. Maximum height of he residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 6. The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting as to levels Of dust, glare/light, noise, odor, traffic, or other similar types of distu bances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutiopal purposes, or otherwise used as a separate dwelling. The prope y shall not be used for regular gatherings which result in a nuisance o which create traffic and parking problems in the neighborhood. 7. 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 shall be completed and recorded with the Los Angeles County's Ret:order's Office prior to the issuance of a building permit. 8. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. A construction fence must protect the site.) 9. 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. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 5 10. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 11. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 12. The single-family structure is located in High Fire Zone and shall meet the all requirements for such 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 or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. Chimneys shall have spark arrestors of maximum 1/2 -inch screen. 13. This single-family structure shall meet the State Energy Conservation Standards. 14. Any retaining wall permits shall be obtained from the Engineering Department. 15. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 16. If applicable and prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures hall be in compliance with the recommendations set forth in such soils report. 17. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP 6 provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 18. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 19. The applicant shall submit a precise grading plan for 50 cubic yards or more of earthwork prior to the issuance of any City permits. The grading plan shall b$ prepared by a civil engineer, licensed by the state of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the followi g: (a) Cut and fill quantities with calculations; (b) Existing and proposed topography; (c) Flow lines aid drainage/drainage outlets and hydrology calculations showing the capacity of proposed drainage devices as well as exiting drainage devices on site; and (d) Finish surfacq and finished grade of all walls/retaining walls and retaining wall calculations. 20. Prior to the issuance plans shall be subn approval. of any City permits, the proposed construction itted to the Fire Department for review and 21. All utility service to the proposed project shall be installed underground. 22. Prior to the issuance of a building permit, the property owner/ applicant shall obta n an encroachment permit from the Public Works/Engineering ivision for the existing wall in the public right-of- way with the followin conditions: (a) Owner/applicant's structural/civil engineer shall certify the structural inte rity of the existing wall. (b) Owner/applic nt shall submit a drainage/precise grading plan illustrating th direction and degree of flow on the site. Eliminate anydrainage seeping through the wall onto the sidewalk by reHgrouting the wall. A plan check fee of $170.00 will be required to review the submitted drainage/precise grading plans.i Once the plans have been approved, a fee of $170.00 will be required for inspection. (c) Owner/applicant shall relocate sprinklers and adjust them so they do not spray over the sidewalk area (if applicable) 7 (d) The owner/applicant shall execute and record a covenant agreement to maintain and hold the City harmless for all improvements within the public right-of-way. (e) Any and all improvements within the public right-of-way shall be completed by appropriately licensed, insured, bonded construction contractor. (f) A cash deposit or bond equal to valuation of any improvements in the public right-of-way shall be posted with the City before an encroachment permit can be issued. 23. In accordance with the Department of Fish and Game Section 711.4, the applicant shall remit 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 Fish and Game Code requirements. 24. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement shall automatically 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 may consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 o the City of Diamond Bar Development Code. 25. This entitlement shall not be effective for any purpose until the permittee and owned of the property involved (if other than the permittee) have filed, within fifteen (15) days of the approval date, at the City of DiamonBar 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 become effective until the permittee pays any remaining City processing fees. 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 Elizabeth Fields and Douglas Austin, 22702 Eaglespur Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS THE 10TH DAY OF AUGUST 2004, BY THE PLANNING COMMISSION OF THEiCIT)F OF DIAMOND BAR. By: Dan Nolan, Chairman 8 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 10th of August 2004, by the following vote: AYES: Commissioners: McManus, V/C Tanaka, Low, Tye, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None ATTEST: 9