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HomeMy WebLinkAboutPC 2004-50PLANNING COMMISSION RESOLUTION NO. 2004-50 A RESOLUTION OF THE DIAI APPROVING DEVELOPMENT NO. 2004-10 AND CATEGORICi CONSTRUCT AN APPROXIMA ADDITION WITH 990 SQUARE FI COVER COLONNADE IN THE I SQUARE FEET TWO STORY FOUR CAR GARAGE. THE REQ AND REPLACEMENT OF PROTE TREES TO GRADE AND CONST IN AREAS OF VARYING TOPO EXPOSED HEIGHT. THE GRAD FOR THE PROPOSED 338 SQUi ROOM. THE PROJECT ALSO SWIMMING POOL, AND SPA. 2800 STEEPLECHASE LANE (I BAR, CALIFORNIA. A. RECITALS 1. The property owners, Rob Wu, filed Development F applications for a property No. 30289), Diamond Bar, the title of this Resolutic Development Review/Tre referred to as the "Applica JIOND BAR PLANNING COMMISSION REVIEW NO. 2004-171TREE PERMIT IL EXEMPTION 15303, A REQUEST TO I•E 1,382 SQUARE FEET TWO STORY .ET TWO STORY BALCONY AND PATIO 1EAR OF AN EXISTING 4,588 LIVABLE 31NGLE-FAMILY RESIDENCE WITH A JEST ALSO INCLUDES THE REMOVAL :CTED/PRESERVED OAK AND WALNUT RUCT A SERIES OF RETAINING WALLS 3RAPHY FROM TWO TO SEVEN FEET ING AND WALLS CREATE A NEW PAD 1RE FEET GUESTHOUSE/RECREATION INCLUDES A BASKETBALL COURT, THE PROJECT SITE IS LOCATED AT .OT 58, TRACT NO. 30289), DIAMOND ert and Mary Chang, and applicant's agent, Kent ieview No. 2004-17/Tree Permit No. 2004-10 ocated at 2800 Steeplechase Lane (Lot 58, Tract Los Angeles County, California, as described in )n. Hereinafter in this Resolution, the subject Permit and Categorical Exemption shall be tion." 2. On November 5, 2004, 33 property owners within the project's 500 -foot radius were mailed a pub is hearing notice. On November 9, 2004, three other locations within 1he application's vicinity were posted. On November 12, 2004, the pi oject's public hearing notification was published in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers and a public hearing 3. On November 23, 2004, Bar conducted and co Application. display board was posted at the site. ie Planning Commission of the City of Diamond auded a duly noticed public hearing on the B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamo d Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act CEQA), Section 15303. 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 Planni ig 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 ereby 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 parcel is Lot 58, Tract 30289, APN 8713-018-030, and addressed 2800 Steeplechase Lane, Diamond Bar, California. The project parcel is app oximately .82 gross acres, 35,719 gross square feet and 30,060 usable square feet. It is an irregularly shaped lot with a rear slope, flood azard area, recreational/equestrian easement, and storm drain easement. The original structure was completed in 2002. (b) The General Plan Land Use designation is Rural Residential (RR), 1 dwelling unit per acre. The site is zoned Single-family Residence, R-1- 20,000. (c) The R-1-20,000 zone surrounds the site. (d) The Application is square feet two story and patio cover coli square feet two stor. The request also protected/preserved series of retaining " i request to construct an approximate 1,382 addition with 990 square feet two story balcony nnade in the rear of an existing 4,588 livable single-family residence with a four car garage. includes the removal and replacement of oak and walnut trees to grade and construct a ills in areas of varying topography from two to 14 seven feet exposed height. The grading and walls create a new pad for the proposed 333 square feet guesthouse/recreation room. The project also include4, a basketball court, swimming pool, and spa. 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 parcel, currently developed with a two story, single-family residence with a legal nonconforming side setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted uly25, 1995, General Plan land use designation is Rural Residential RR) (maximum one dwelling unit/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current Diamond Bar Municipal Code, and with the qity's Design Guidelines. There is no specific plan. The proposed prof ct conforms to applicable provisions of the Municipal Code; the site coverage is less than 30 percent, it is comparable with the existing neighborhood; it meets the required height limitations. The proposed project is a two story addition to the existing main structure, grading and retaining walls to create a pad for the one story guesthouse/recreation room that are in accordance with Municipal Code height standards. The project is not considered an impact to the surrounding properties' view corridor. (f) The design and layo it 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. Shadow Canyon Dri a and Steeplechase Lane adequately serves the project parcel. Thee and the neighboring streets are designed to handle minimum traffic created by residential development. The project parcel is currently developed with two story, single-family residence. The prop sed addition and remodel does not change the existing single-family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. (g) The architectural de ign of the proposed development is compatible with the characteristics of the surrounding neighborhood and will 3 maintain and enha ce the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The single-family residence's architectural style is unchanged in the front and except for the corner quoins is continued in the rearaddition and guesthouse/recreation room. The front's multi-levels of roof lines, the balcony's balustrade, and stucco create the texture and contrast consistent with the existing neighborhood while providing variety and low levels of maintenance. By maintaining the existing architectural style and palette the Application is compatible with the neighborhood and consistent with the General Plan, ity'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 aest etically appealing. The colors, materials and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low maintenance levels. (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 chec , City permits, and inspections, soils report and Fire Department approvals, are required for construction. These processes will ensuri n that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improv meets in the vicinity. Additionally, a Recorded Covenant and Agre ment is required and runs with the land to maintain a single -fa ilv residence. {j) The proposed proje t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the proposed project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303. 4 TREE PERMIT (k) Preservation of the existing oak and walnut trees is not feasible and would compromise the property owner's reasonable use and enjoyment of property. Surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130. The applicant has submitted that the development requires the removal of nine oak and walnut trees. A 3:1 replacement shall be required pursuant to the Municipal Code of a like for like species. Many homes withii The Country Estates have remodeled and requested.Tree Permits. Therefore, preservation of these trees would compromise the property owner's reasonable use and enjoyment of his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby appr ves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, grading plan, and landscape plan collectively labeled as Exhibit "A" dated November 23, 2004, as submitted to, amended herein, ar d approved by the Planning Commission. (b) The owner/applican shall obtain the Los Angeles County Department of Public Works a proval in writing with approved plan for the retaining walls and f ood hazard mitigation improvements that connect to the storm drain in the Los Angeles County Strom Drain easement prior to any City PI n Check submittal: grading, retaining walls or building permit. Said approval shall be submitted to the Planning Division and the Pu lic Works/Engineering Division. (c) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation oft a entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall big done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 5 PUBLIC WORKS (d) A geotechnical repos by the State of Cal Division for City ap address potential d Angeles County St( within the flood haz additional informatic prepared by a Geotechnical Engineer, licensed :)rnia shall be submitted to the Public Works roval. The geotechnical report shall clearly velopment, within the flood hazard and Los m Drain (LACO-SD) easement area. If use rd area and LACO-SD easement is approved may be required. (e) The applicant shall submit a Grading Plan prepared by a Civil Engineer, licensed by the State of California, to the Public Works Division for City approval. The Grading Plan shall be prepared in accordance with theCity's "Requirements for Grading Plan Check." (f) The Grading Plans all show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Grading Plan. (g) The applicant shah submit an erosion control plan. Erosion control measures shall be in place for construction starting after October 1 st through April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the app opriate Best Management Practices (BMP's). The standards forte preparation of erosion control plans can be obtained from the PL blic Works/Engineering Division. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. BUILDING AND SAFETY (j) Retaining wall calcul tions shall be submitted to the City's Building and Safety Division for approval and permit after the grading plan is approved by the Pubic Works Division. (k) Building setback from toe of slope at the rear of property shall meet section 18 of the 2001 California Code (h/2 or 22.5 feet). 2 (I) The pad's finished elevations shall be approved by the Public Works Division. (m) All back fill for retaning walls shall be certified by the engineer of record. (n) The applicant shall provide temporary sanitation facilities while under construction and a construction fence must protect the project. (o) The single-family structure shall meet the 2001 California Building Code, California Plu bing Code, California Mechanical Code, and the 2001 National Elect ical Code requirements. (p) This single-family stucture shall meet the State Energy Conservation Standards. (q) The minimum desigwind pressure shall be 80 miles per hour and °C" exposure. (r) Smoke detectors shall be provided in all sleeping rooms. (s) The applicant shall Comply with the requirements of City Planning, Building and Safety, (Public Works Divisions, and the Fire Department. (t) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roof ng materials; and stucco and window colors on the plans. (u) The single-family stricture 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 cover ng shall be "Fire Retardant, Class A"; the roofs shall be fire 3topped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed L nder-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 wiT sash or door; (4) Chimneys shall have spark arresters of maximum 1/z inch screen. 7 PLANNING (v) Prior to any plan c eck submittal, the applicant shall revise the landscape plan, grading plan, and site plan for the planting and 3:1 replacement for the ight Juglans calif ornica to be replaced by 24, 15 gallon Juglans califo nica and one Quercus agrifolia to be replaced by 3, 15 gallon Quercus agrifolia. (w) As noted above, the landscape plan and approval prior to an,. shown on the grad Owner/Applicant shy Report. ees' replacement shall be shown on a revised �bmitted to the Planning Division for review and City plan check submittal. The trees shall be g plan, landscape plan and site plan. The I comply with the mitigations in the Arborist (x) All landscaping shall I be installed and if required restored in the front yard prior to the Pla ning Division's final inspection. (y) The single-family re creates adverse effe setting of the resider traffic, or other distui and shall not result ii and resources. The commercial/institutio dwelling. The proper result in a nuisance c neighborhood. (z) The owners shall cc Maintain a Single -f: City. The covenant Angeles County's R permit. (aa) 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 Munici ;idence shall not be utilized in a manner that :ts upon the neighborhood and environmental :ial 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 I shall not be used for regular gatherings which which create traffic and parking problems in the plete and record a "Covenant and Agreement to oily Residence" on a form to be provided by the lust 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 iin that period or this grant shall expire. A one- ty 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 a€ Code. (bb) 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 (1 5) days of approval of this grant, at the City of Diamond Bar Comm pity and Development Services Department, their affidavit statinc 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. (cc) If the Department c Code Section 711. applicant shall rer approval, a cashier in connection with F this project is not project has more t applicant shall als( such fee and any fi The Planning Commission shall: (a) Certify to the Fish and Game determines that Fish and Game applies to the approval of this project, then the it to the City, within five days of this grant's check of $25.00 for a documentary handling fee sh and Game Code requirements. Furthermore, if )xempt from a filing fee imposed because the an a deminimis impact on fish and wildlife, the pay to the Department of Fish and Game any e which the Department determines to be owed. n of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Robert and Mary Chang, 2800 Steeplechase Lane, Diamond Bar, CA 91765 and Kent Wu, 1274 E. Center Court Drive, #211, Covina, CA 91724. APPROVED AND ADOPTED THIS COMMISSION OF THE CITY OF�f By: a Dan Nolan, Gl iY OF NOVEMBER 2004, BY THE PLANNING D BAR. I, James DeStefano, Planning Commiss on 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 23rd day of N vember 2004, by the following vote: AYES: Commissioners: I Tye, V/C Tanaka, Low, McManus, Chair Nolan NOES: Commissioners I None. ABSENT: Commissioners: I None. ABSTAIN: Co si a None. ATTEST: J s DeStefa , Secretary 9 PLANNI G COMMISSION RESOLUTION NO. 2004-50 A RESOLUTION OF THE DIA OND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-17/TREE PERMIT NO. 2004-10 AND CATEGORIC L EXEMPTION 15303, A REQUEST TO CONSTRUCT AN APPROXIMA E 1,382 SQUARE FEET TWO STORY ADDITION WITH 990 SQUARE F ET TWO STORY BALCONY AND PATIO COVER COLONNADE IN THE EAR OF AN EXISTING 4,588 LIVABLE SQUARE FEET TWO STORY INGLE-FAMILY RESIDENCE WITH A FOUR CAR GARAGE. THE REQ JEST ALSO INCLUDES THE REMOVAL AND REPLACEMENT OF PROT CTED/PRESERVED OAK AND WALNUT TREES TO GRADE AND CONS RUCT A SERIES OF RETAINING WALLS IN AREAS OF VARYING TOPOGRAPHY FROM TWO TO SEVEN FEET EXPOSED HEIGHT. THE GRAD ING AND WALLS CREATE A NEW PAD FOR THE PROPOSED 338 SQU RE FEET GUESTHOUSE/RECREATION ROOM. THE PROJECT ALSO INCLUDES A BASKETBALL COURT, SWIMMING POOL, AND SPA. THE PROJECT SITE IS LOCATED AT 2800 STEEPLECHASE LANE (OT 58, TRACT NO. 30289), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners, Rob rt and Mary Chang, and applicant's agent, Kent Wu, filed Development Review No. 2004-17/Tree Permit No. 2004-10 applications for a property ocated at 2800 Steeplechase Lane (Lot 58, Tract No. 30289), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review/Tre Permit and Categorical Exemption shall be referred to as the "Application." 2. On November 5, 2004, 33 property owners within the project's 500 -foot radius were mailed a pub is hearing notice. On November 9, 2004, three other locations within the application's vicinity were posted. On November 12, 2004, the p oject'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 November 23, 2004, t e Planning Commission of the City of Diamond Bar conducted and con luded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is foun Commission of the City of Diamoi Regulations. 1. The Planning Commission (hereby specifically finds that all of the facts set forth in the Recitals, Part A 2. The Planning Commission above in this Resolution i; Environmental Quality Act 3. 4. m , determined and resolved by the Planning d Bar as follows: of this Resolution are true and correct. hereby determines that the project identified categorically exempt per the 1970 California CEQA), Section 15303. hereby specifically finds and determines that, rd as a whole including the findings set forth erations which have been incorporated into and ;ed project set forth in the Application, there is no ig Commission that the project proposed herein n adverse effect on wild life resources or the p d habitat upon which the wild ife depends. Based upon substantial evidence, this Planning Commission ereby rebuts the presumption of adverse effects contained in Section 753 5 (d) of Title 14 of the California Code of will have the potential of evidence before this Planni conditioned upon the propo below, and changes and a having considered the rec The Planning Commission Based upon the findings a Commission hereby finds a (a) The project parcel is addressed 2800 Ste project parcel is appr feet and 30,060 usat a rear slope, flood h and storm drain ease 2002. (b) The General Plan L dwelling unit per acr 20,000. (c) The R-1-20,000 zon (d) The Application is square feet two story and patio cover colt square feet two story The request also protected/preserved series of retaining w nd conclusions set forth herein, this Planning s follows: Lot 58, Tract 30289, APN 8713-018-030, and eplechase Lane, Diamond Bar, California. The oximately.82 gross acres, 35,719 gross square ale square feet. It is an irregularly shaped lot with azard area, recreational/equestrian easement, nlment. The original structure was completed in nd Use designation is Rural Residential (RR), 1 The site is zoned Single-family Residence, R-1 surrounds the site. r request to construct an approximate 1,382 addition with 990 square feet two story balcony innade in the rear of an existing 4,588 livable single-family residence with a four car garage. includes the removal and replacement of oak and walnut trees to grade and construct a ills in areas of varying topography from two to seven feet exposed height. The grading and walls create a new pad for the proposed 33 square feet guesthouse/recreation room. The project also include a basketball court, swimming pool, and spa. DEVELOPMENT REVIEW (e) The design and lay ut of the proposed development are consistent with the General Plan, development standards of the applicable district, design guid lines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. M (9) The project parcel, currently developed with a two story, single-family residence with a legal nonconforming side setback, was established before the adoption of the City's General Plan and current Municipal Code. The adopted uly25, 1995, General Plan land use designation is Rural Residential (RR) (maximum one dwelling unitiper acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and pen space, the current Diamond Bar Municipal Code, and with the City's Design Guidelines. There is no specific plan. The proposed proj ct conforms to applicable provisions of the Municipal Code; the site coverage is less than 30 percent; it is comparable with the existing neighborhood; it meets the required height limitations. The proposed project is a two story addition to the existing main structure, grading and retaining walls to create a pad for the one story guesthouse/recreation room that are in accordance with Municipal Code height standards. The project is not considered an impact to the surrou 7ding properties' view corridor. The design and layo t of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and ill not create traffic or pedestrian hazards. Shadow Canyon Dri a and Steeplechase Lane adequately serves the project parcel. Thee and the neighboring streets are designed to handle minimum traffic created by residential development. The project parcel is currently developed with two story, single -family residence. The proposed addition and remodel does not change the existing single -family use. The Application maintains the existing style which is consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development. The architectural deign of the proposed development is compatible with the characteris ics of the surrounding neighborhood and will maintain and enha ce the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The single -family re front and except for t and guesthouse/recn the balcony's balustr, consistent with the e low levels of mainte By maintaining the Application is compa the General Plan, There is no specific (h) The design of the p environment for its neighbors, through g that will remain aest The colors, materials and are compliment offering variety and I (i) The proposed proje safety, or welfare o property values or improvements in the Structural plan chec Fire Department ap processes will ensue to the public health, properties or improv Covenant and Agre maintain a single-fa (j) The proposed proje idence's architectural style is unchanged in the e corner quoins is continued in the rearaddition ation room. The front's multi-levels of roof lines, de, and stucco create the texture and contrast isting neighborhood while providing variety and ance. existing architectural style and palette the ible with the neighborhood and consistent with ity's Design Guidelines and Municipal Code. Ian. oposed development will provide a desirable occupants and visiting public, as well as its od aesthetic use of materials, texture, and color etically appealing. and textures proposed are the same as existing ry to the existing homes within the area while w maintenance levels. t will not be detrimental to the public health, materially injurious (e.g., negative affect on resale(s) of property) to the properties or vicinity. City permits, and inspections; soils report and rovals, are required for construction. These that the finished project will not be detrimental afety, or welfare, or materially injurious to the ments in the vicinity. Additionally, a Recorded ment is required and runs with the land to ily residence. t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has deter, exempt per the 197 Section 15303. fined that the proposed project is categorically California Environmental Quality Act (CEQA), TREE PERMIT (k) Preservation of the would compromise enjoyment of prope measures will be im requested Tree Per, Many homes withi required pursuant t The applicant has removal of nine oa xisting oak and walnut trees is not feasible and the property owner's reasonable use and y. Surrounding land and appropriate mitigation lemented in compliance with Section 22.38.130. submitted that the development requires the and walnut trees. A 3:1 replacement shall be the Municipal Code of a like for like species. The Country Estates have remodeled and its. Therefore, preservation of these trees would erty owner's reasonable use and enjoyment of compromise the p his property. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby appr ves this Application subject to the following conditions: (a) The project shall elevations, roof pla labeled as Exhibit " amended herein, a (b) (c) of Public Works a retaining walls and f The owner/applican to provide such se contractor utilized h to provide collection residential, commer City. It shall be the duly permitted wast construction, shall b trash, debris, and implementation of t debris both durin ubstantially conform to site plan, floor plans, grading plan, and landscape plan collectively " dated November 23, 2004, as submitted to, d approved by the Planning Commission. shall obtain the Los Angeles County Department proval in writing with approved plan for the ood hazard mitigation improvements that connect the Los Angeles County Strom Drain easement n Check submittal: grading, retaining walls or building permit. Said approval shall be submitted to the Planning Division and the Pu lic Works/Engineering Division. prior to any City PI to the storm drain in The subject site sh II be maintained in a condition that is free of and after the construction, addition, or e entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by contractor, who has been authorized by the City transportation, and disposal of solid waste from ial, construction, and industrial areas within the applicant's obligation to insure that the waste s obtained permits from the City of Diamond Bar ces. 5 PUBLIC WORKS (d) A geotechnical repo prepared by a Geotechnical Engineer, licensed by the State of Cali ornia shall be submitted to the Public Works Division for City ap roval. The geotechnical report shall clearly address potential development, within the flood hazard and Los Angeles County Storm Drain (LACO-SD) easement area. If use within the flood hazard area and LACO-SD easement is approved additional informatio may be required. (e) The applicant shall submit a Grading Plan prepared by a Civil Engineer, licensed by the State of California, to the Public Works Division for City approval. The Grading Plan shall be prepared in accordance with the City's "Requirements for Grading Plan Check." (f) The Grading Plan sh the elevations of the grade on both sides retaining walls shall all show the location of any retaining walls and top of wall/footing/retaining and the finished of the retaining wall. Construction details for e shown on the Grading Plan. (g) (h) The applicant shall measures shall be in through April 15th. T Pollutant Discharge incorporate the apps The standards for U obtained from the PL If applicable, the ap Water Mitigation PI Engineer. ubmit an erosion control plan. Erosion control place for construction starting after October 1st ie erosion control plan shall conform to national Elimination System (NPDES) standards and opriate Best Management Practices (BMP's). e preparation of erosion control plans can be blic Works/Engineering Division. licant shall comply with Standard Urban Storm n requirements to the satisfaction of the City m the development shall be conveyed from the ainage course. No on-site drainage shall be t parcels, unless that is the natural drainage (i) All drainage/runoff fir site to the natural d conveyed to adjacei course. BUILDING AND SAFETY G) U Retaining wall calculations shall be submitted to the City's Building and Safety Division f r approval and permit after the grading plan is approved by the Pubic Works Division. (k) Building setback frori toe of slope at the rear of property shall meet section 18 of the 20x1 California Code (h/2 or 22.5 feet). 6 (I) (m) (n) (0) (p) (q) The pad's finished Division. All back fill for reta record. The applicant shall construction and a The single-family sl Code, California Plu 2001 National Elect This single-family stucture shall meet the State Energy Conservation Standards. levations shall be approved by the Public Works ning walls shall be certified by the engineer of rovide temporary sanitation facilities while under onstruction fence must protect the project. ructure shall meet the 2001 California Building bing Code, California Mechanical Code, and the ical Code requirements. The minimum desigh wind pressure shall be 80 miles per hour and 'C" exposure. (r) Smoke detectors shall be provided in all sleeping rooms. (s) The applicant shall comply with the requirements of City Planning, Building and Safety, (Public Works Divisions, and the Fire Department. (t) Prior to plan check submittal, the applicant shall indicate color and type (weight) of roof ng materials; and stucco and window colors on the plans. (u) 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) (2) (3) All roof cover ng shall be "Fire Retardant, Class A'; the roofs shall be fire topped at the eaves to preclude entry of the flame or me All enclosed walls; All openings i shall be cove corrosion-resi than Y2 inch i equipped wit n bers under the fire; nder-floor areas shall be constructed as exterior nto the attic, floor, and/or other enclosed areas ed with stant wire mesh not less than 1/4 inch nor more any dimension except where such openings are sash or door; (4) Chimneys sh screen. all have spark arresters of maximum 1/2 inch PLANNING (v) Prior to any plan c landscape plan, gra replacement for the e gallon Juglans califoi 3, 15 gallon Quercu; (w) ieck submittal, the applicant shall revise the ing plan, and site plan for the planting and 3:1 ight Juglans californica to be replaced by 24, 15 nica and one Quercus agrifolia to be replaced by agrifolia. d As noted above, the trees' replacement shall be shown on a revised landscape plan and submitted to the Planning Division for review and approval prior to an City plan check submittal. The trees shall be shown on the grad ng plan, landscape plan and site plan. The Owner/Applicant shall comply with the mitigations in the Arborist Report. (x) All landscaping shalllbe installed and if required restored in the front yard prior to the Pla ning Division's final inspection. (Y) The single -family re idence 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 i significantly adverse effects on public services and resources. The single -family residence shall not be used for commerciaVinstitutio al purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance o which create traffic and parking problems in the neighborhood. (z) The owners shall co plete and record a "Covenant and Agreement to Maintain a Single -family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (aa) This grant is valid for two (2) years and shall be exercised (i.e., construction) wi hin that period or this grant shall expire. A one- (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (bb) This grant shall not a 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 Comm nity and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this gr nt. Further, this grant shall not be effective until the permittee pays emaining City processing fees. (cc) If the Department o Fish and Game determines that Fish and Game Code Section 711, applies to the approval of this project, then the applicant shall re it to the City, within five days of this grant's approval, a cashier' check of $25.00 for a documentary handling fee in connection with F sh and Game Code requirements. Furthermore, if this project is not xempt from a filing fee imposed because the project has more tan a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fi e which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit certified copy of this Resolution, by certified mail to Robert and MaryChang, 2800 Steeplechase Lane, Diamond Bar, CA 91765 and Ke t Wu, 1274 E. Center Court Drive, #211, Covina, CA 91724. APPROVED AND ADOPTED THIS 2 AY OF NOVEMBER 2004, BY THE PLANNING COMMISSION OF THE CITY OF Df/— ND BAR. By: I, James DeStefano, Planning Commiss on 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 23rd day of N vember 2004, by the following vote: AYES: Commissioners: Tye, V/C Tanaka, Low, McManus, Chair Nolan NOES: Commissioners None. ABSENT: Commissioners: None. ABSTAIN: Conimissime None. ATTEST: