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HomeMy WebLinkAboutPC 2004-43PLANNING COMMISSION RESOLUTION NO. 2004-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-32. A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 902 SQUARE FOOT ADDITION TO AN EXISTING 1,925 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE WITH TWO CAR GARAGE. THE PROJECT'S ADRRESS IS 1315 BAFT LANE (LOT 49, TRACT NO. 31677), DIAMOND BAR, CALIFORNIA A. RECITALS i. The property owner, Kirsten H. Saiko, has filed an application to approve Development Review No. 2004-32 for a property located at 1315 Baft Lane (Lot 49, Tract No. 31677), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On September 13, 2004, 66property owners within the Application's 500 -foot radius were notified by mail and three other locations were posted within the application's vicinity. On September 15, 2004 the project's public hearing notification was published in the San Gabriel ValleyTribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On September 28, 2004, the 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 from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 relates to a parcel at 1315 Baft Lane (Lot 49, Tract No. 31677), Diamond Bar, California. The project site is approximately .22 gross acres. It is a rectangular shaped lot with an existing one- story single-family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units/acre. The project site is zoned R-1- 8,000, Single -Family Residence. (c) Generally, the following zone surrounds the project site: to the north and south is R-1-8,000; to the east is Light Agricultural (A-2-1); and to the west R-1-10,000. (d) The Application is a request to remodel and construct an approximate 902 square foot addition to an existing 1,925 square foot one-story single-family residence with a two car garage. 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. The project site, currently developed with a one-story, single-family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted General Plan of July 25, 1995, has a land use designation of Low Density Residential (RL) (maximum three dwelling units/acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open 2 space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed project, conforms to Municipal Code provisions, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations and setbacks. (f) 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. Kiowa Crest, Birdseye Drive and Baft Lane adequately serve the project. These street) s are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The prop6sed project does not change the existing single- family residence use and has a style consistent with surrounding properties. Although; the existing structures setbacks do not conform to current development standards the proposed addition does meet current development standards. The existing structure front yard setback is 14 feet and existing side yard setbacks are 5% feet and 7 feet. A six foot portion of what appears to be the front yard is City property. Tract Map 31677 was recorded in 1977 and Los Angeles County Code required a 20 foot front yard setback and allowed for the six foot section of the public right of way adjacent to the front property line to be computed toward the front yard setback. The improvements to front of the structure include a 17 square foot addition that moves the front door flush with the existing wall and a 35 square foot addition for a bay window that extends the existing living room adding articulation the front f�gade. These two additions are 32 feet from the front property line and are in compliance with current development standards. The project is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or',traffic. (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 maintains the single-family residence's contemporary architectural style, stucco and roof material The Proposed addition is in: the rear of the property except for 35 square feet for a bay window that enhances the architectural features of the 3 front facade. The Application design is consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no 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 colors, materials, and textures proposed are similar to those currently used and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (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. Structural plan check, City permits, and inspections, and Fire Department approvals are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or weltare, or materially injurious to the properties or improvements in the vicinity, {j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorically, exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15301(e). 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, and elevations collectively labeled as Exhibit "A" dated September 28, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The 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, 4 transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the owner/applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. PUBLIC WORKS (c) The drainage pattern shall be reviewed and approved by the Public Works Division; rooftop runoff shall be directed to pervious area. Surface water shall drain away from the building at a 2% minimum slope. Drainage shall not flow over the sidewalk. (d) If applicable and prior to the issuance of any City permits, the owner/applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the ownor/applicant shall obtain the necessary NPDES permits. (e) If applicable, the owner/applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (f) All garden wall landscaping bricks within the public right of way shall be approved by the Public Works Division. �. Applicant shall submit a drainage/precise grading plan illustrating the direction and degree flow on the site. All drainage seeping through the bricks onto the sidewalk shall be eliminated. A plan check of $170.00 will be required to review the submitted drainage/precise grading plans. 2. If applicable, applicant shall relocate sprinklers and adjust them so they do not spray over the sidewalk area. 3. Applicant shall record a covenant agreement to maintain and hold the City harmless for all improvements within the public right of way. 4. All improvements within the public right of way shall be completed by appropriately licensed, insured, bonded construction contractor. 5. 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. 5 BUILDING AND SAFETY (g) Before construction begins, the owner/applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (i) The single-family structure requires Fire Department approval and is located in "Hi - h Fire one" 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 }/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum Y2 inch screen. Q) This single-family structure shall meet the State Energy Conservation Standards. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (I) Smoke detectors shall be provided in all sleeping rooms. (m) Surface water shall drain away from building at 2% minimum slope. (n) The stairway shall meet maximum raise and minimum run. (o) The footings shall be designed for expansive soil. (p) The owner/applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions and the Fire Department. PLANNING (q) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. (r) Proposed addition shall match existing color, stucco, roof material, wood siding and windows. (s) 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. (t) 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 Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond'Bar Municipal Code. (u) This grant shall not be 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. (v) 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 owner/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 owner/applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 7 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 Kirsten H Saiko, 1315 Baft Lane, Diamond Bar, CA 91755, APPROVED AND ADOPTED THIS 28th DAY OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIA ND BAR. By: 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 28th day of September 2004, by the following vote: AYES: Commissioners: Tye, Low, McManus, VC/Tanaka, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST:�`J James DeStef4no, Secretary PLANNING COMMISSION RESOLUTION NO. 2004-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2004-32. A REQUEST TO REMODEL AND CONSTRUCT AN APPROXIMATE 902 SQUARE FOOT ADDITION TO AN EXISTING 1,925 SQUARE FOOT ONE-STORY SINGLE-FAMILY RESIDENCE WITH TWO CAR GARAGE. THE PROJECT'S ADRRESS IS 1315 BAFT LANE (LOT 49, TRACT NO. 31677), DIAMOND BAR, CALIFORNIA A. RECITALS 1 The property owner, Kirsten H. Saiko, has filed an application to approve Development Review No. 2004-32 for a property located at 1315 Baft Lane (Lot 49, Tract No. 31677), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On September 13, 2004, 66 property owners within the Application's 500 -foot radius were notified by mail and three other locations were posted within the application's vicinity. On September 15, 2004 the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On September 28, 2004, the 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 from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 relates to a parcel at 1315 Baft Lane (Lot 49, Tract No. 31677), Diamond Bar, California. The project site is approximately .22 gross acres. It is a rectangular shaped lot with an existing one- story single-family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), maximum 3 dwelling units/acre. The project site is zoned R-1- 8,000, Single -Family Residence. (c) Generally, the following zone surrounds the project site: to the north and south is R-1-8,000; to the east is Light Agricultural (A-2-1); and to the west R-1-10,000. (d) The Application is a request to remodel and construct an approximate 902 square foot addition to an existing 1,925 square foot one-story single-family residence with a two car garage. 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. The project site, currently developed with a one-story, single-family residence, was established before the adoption of the City's General Plan and current Municipal Code. The adopted General Plan of July 25, 1995, has a land use designation of Low Density Residential (RL) (maximum three dwelling units/acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open 2 space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. M (9) The proposed project, conforms to Municipal Code provisions, the site coverage is less than 40 percent, is comparable with the existing neighborhood, it meets the required height limitations and setbacks. 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. Kiowa Crest, Birdseye Drive and Baft Lane adequately serve the project. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one-story single-family residence. The proposed project does not change the existing single- family residence use and has a style consistent with surrounding properties. Although; the existing structures setbacks do not conform to current development standards the proposed addition does meet current development standards. The existing structure front yard setback is 14 feet and existing side yard setbacks are 5Y2 feet and 7 feet. A six foot portion of what appears to be the front yard is City property. Tract Map 31677 was recorded in 1977 and Los Angeles County Code required a 20 foot front yard setback and allowed for the six foot section of the public right of way adjacent to the front property line to be computed toward the front yard setback. The improvements to front of the structure include a 17 square foot addition that moves the front door flush with the existing wall and a 35 square foot addition for a bay window that extends the existing living room adding articulation the front f4gade. These two additions are 32 feet from the front property line and are in compliance with current development standards. The project is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or'traffic. The architectural design of the proposed development is compatible with the characteristids 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 maintains the single-family residence's contemporary architectural style, stucco and roof material The proposed addition is in the rear of the property except for 35 square feet for a bay window that enhances the architectural features of the 3 front facade. The Application design is consistent with the General Plan, City's Design Guidelines and Municipal Code. There is no 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 colors, materials, and textures proposed are similar to those currently used and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. a) 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. Structural plan check, City permits, and inspections; and Fire Department approvals 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation indicates that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA) guidelines, Section 15301(e). 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, and elevations collectively labeled as Exhibit "A" dated September 28, 2004, as submitted to, amended herein, and approved by the Planning Commission. (b) The 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, 4 PUBLIC WORKS transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the owner/applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The drainage pattern shall be reviewed and approved by the Public Works Division; rooftop runoff shall be directed to pervious area. Surface water shall drain away from the building at a 2% minimum slope. Drainage shall not flow over the sidewalk. (d) If applicable and prior to the issuance of any City permits, the owner/applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the owner/applicant shall obtain the necessary NPDES permits. (e) If applicable, the owner/applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (f) All garden wall landscaping bricks within the public right of way shall be approved by the Public Works Division. 1. Applicant shall submit a drainage/precise grading plan illustrating the direction and degree flow on the site. All drainage seeping through the bricks onto the sidewalk shall be eliminated. A plan check of $170.00 will be required to review the submitted drainage/precise grading plans. 2. If applicable, applicant shall relocate sprinklers and adjust them so they do not spray over the sidewalk area. 3. Applicant shall record a covenant agreement to maintain and hold the City harmless for all improvements within the public right of way. 4. All improvements within the public right of way shall be completed by appropriately licensed, insured, bonded construction contractor. 5. 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. 5 BUILDING AND SAFETY (g) Before construction begins, the owner/applicant shall install temporary construction fencing per the Building and Safety Division's requirements. The fence shall remain until released by the Building Official. (h) The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (i) G) The single-family structure requires Fire Department approval and 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 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum '/2 inch screen. This single-family structure shall meet the State Energy Conservation Standards. (k) The minimum design wind pressure shall be 80 miles per hour and (I) (m) (n) (0) (p) "C" exposure. Smoke detectors shall be provided in all sleeping rooms. Surface water shall drain away from building at 2% minimum slope. The stairway shall meet maximum raise and minimum run. The footings shall be designed for expansive soil. The owner/applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions and the Fire Department. 6 PLANNING (q) The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection. (r) Proposed addition shall match existing color, stucco, roof material, wood siding and windows. (s) 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. (t) 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 Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (u) This grant shall not be 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. (v) 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 owner/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 owner/applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 7 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 Kirsten H Saiko, 1315 Baft Lane, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 28th DAY OF SEPTEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 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 28th day of September 2004, by the following vote: AYES: Commissioners: Tye, Low, McManus, VCITanaka, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: James DeStefd !i no, Secretary 8