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HomeMy WebLinkAboutPC 2005-12PLANNING COMMISSION RESOLUTION NO. 2005-12 A RESOLUTION OFHE DIAMOND BAR PLANNING COMMISSION APPROVIN DEVELOPMENT REVIEW NO. 2005-09 AND CATEGORICAL EX MPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 468 SQUARE FEET ONE STORY ADDITION AND 97 SQUARE FEET PATIO COVER TO THE EXISTING 1,288 LIVABLE QUARE FEET, ONE STORY, SINGLE FAMILY RESIDENCE WITF A TWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 21 fi 2 BIRCH HILL DRIVE (LOT 75, TRACT NO. 25987), DIAMOND BA:Z, CALIFORNIA. A. RECITALS 1. The property owners/applicants, Erick and Lakesha Carpenter, have filed a Development Review No. 005-09 application for a property located at 21602 Birch Hill Drive (Lot 7 5, Tract No. 25987), Diamond Bar, Los Angeles County, California, as desc ibed in the title of this Resolution. Hereinafter in this Resolution, the subject evelopment Review and Categorical Exemption shall be referred to as the "Application." 2. On September 1, 2004, staff approved a 499 square feet, one story, family - room addition in the rear of the existing structure known as Plot Plan No. 2004-81. Within thesarne yearthe property owners/applicants, Erick and Lakesha Carpenter, requested to add another 565 square feet. When added together, both additions total more than 50 percent of the existing livable square footage, therefore, requiring a Development Review. 3. On March 3, 2005, 118 property owners within the project's 500 -foot radius were mailed a public hearing notice. On March 8, 2005, three other locations within the application's vicin ty were posted. On March 8, 2005, 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 a the site. 4. On March 22, 2005, the PI nning Commission of the City of Diamond Bar conducted and concluded duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is foun , determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt per the 1970 California Environmental Quality Act ( EQA), Section 15301(e). 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 altE rations 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 art adverse effect on wild life resources or the habitat upon which the wildli a depends. Based upon substantial evidence, this Planning Commission hE reby rebuts the presumption of adverse effects contained in Section 753. (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 of 75, Tract 25987, APN 8285-005-009, and addressed 21602 Bitch Hill Drive, Diamond Bar, California. The project site is approximately .19 gross acres: 8,488 gross and 8,438 usable square feet. It is a rectangular shaped lot with the existing one story single family residence approved and completed in 1963. (b) The General Plan Land Use designation is Low Medium Residential (RLM), maximum 5 d elling units per acre. The site is zoned Single family Residence, R-1-7,500. (c) The R-1-7,500 zone and single family uses surround the site. (d) The Application requests an approximate 468 square feet one story addition and 97 square feet patio cover in the rear of the existing 1,288 livable square feet, one story, single family residence with a two car garage. DEVELOPMENT REVIEW (e) The design and layou of the proposed development are consistent with the General Pla , development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme area , specific plans, community plans, boulevards, or planned developments.) 2 The project site, cur ently developed with a one story, single family residence was estab fished before the adoption of the City's General Plan and current Mur icipal Code. The adopted July 25, 1995, General Plan land use de 'gnation is Low Medium Residential (RLM) (maximum 5 dwellin units/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 City's Design Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Municipal Code; the site coverage is less than 40 percent; if is comparable with the existing neighborhood; it meets the required height limitations; an I it does not encroach into the setbacks further than the existing stru,cture. (f) The design and layo t of the proposed development will not interfere with the use and njoyment of neighboring existing or future development, and wi I not create traffic or pedestrian hazards. Pathfinder Road and Evergreen Springs Drive adequately serve the project site. These and the neighboring 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 addition do s not change the existing single family use. The Application maintain the existing style 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 design of the proposed development is compatible with the characteris ics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contem lated by Chapter 22.48, the General Plan, City Design Guidelines, o any applicable specific plan. The proposed singl style is retained. Th the roof is gabled it stucco add texture levels. The applicati with the other home General Plan, City's no specific plan. family residence's contemporary architectural proposed one story addition is in the rear and the existing roof. The windows, roofing, and nd contrast for variety and low maintenance is architectural style and palette are compatible in the neighborhood and consistent with the resign Guidelines and Municipal Code. There is 3 (h) The design of the pr posed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through go:)d aesthetic use of materials, texture, and color that is aesthetically 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 esale(s) of property) to the properties or improvements in the icinity. Structural plan check, City permits, and inspections; soils report 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 improve enfs in the vicinity. Additionally, a Recorded Covenant and Agree en f is required and runs with the land to maintain a single fam y residence. (j) The proposed projec has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). The City has determ, exempt per the 1970 Section 15301(e). that the proposed project is categorically romia Environmental Quality Act (CEQA), 5. Based upon the findings a d conclusion set forth above, the Planning Commission hereby appro s this Application subject to the following conditions: (a) The project shall sub.- elevations ub:elevations collectively submitted to, amenc Commission. (b) The subject site shal debris both during implementation of the trash, debris, and construction, shall be duly permitted waste c to provide collection, t residential, commerci, intially conform to site plan, floor plans, and beled as Exhibit "A" dated March 22, 2005, as J herein, and approved by the Planning be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all afuse, whether during or subsequent to one only by the property owner, applicant or by )ntractor, who has been authorized by the City insportation, and disposal of solid waste from I, construction, and industrial areas within the 4 City. It shall be the contractor utilized ha to provide such servi PUBLIC WORKS (c) The applicant shall si Works Division illustr plan; surface water minimum slope. Er( construction started control plan. shall con System (NPDES) st Management Practic erosion control pl Works/Engineering C (d) If applicable, the app Water Mitigation Pla Engineer. BUILDING AND SAFETY pplicant's obligation to insure that the waste obtained permits from the City of Diamond Bar bmit a Drainage Plan to the Engineering/Public sting the drainage pattern and an erosion control shall drain away from the building at a 2% sion control measures shall be in place for after October 1 through April 15. The erosion brm to national Pollutant Discharge Elimination indards and incorporate the appropriate Best ;s (BMP's). The standards for the preparation of ins can be obtained from the Public ivision. icant shall comply with Standard Urban Storm i requirements to the satisfaction of the City (e) The applicant shall provide temporary sanitation facilities during construction. (f)- If required by the Bui�ding Official, a construction fence shall protect the project. (g) The single family structure shall meet the 2001 California Building Code including smoke detectors and rescue window requirements. (h) This single family stru ture shall meet the State Energy Conservation Standards. (i) The minimum design wind pressure shall be 80 miles per Hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. Q) Prior to Building and Safety plan check submittal, the applicant shall indicate color and typ (weight) of roofing materials; and stucco and window colors on the plans. 5 PLANNING (k) Prior to the Building shall specify the to California Building C (1) Prior to the Building plans shall have kitc nd Safety plan check submittal, the applicant ition of tempered glass as required by the Je. Safety plan check submittal, the applicant's and bathroom lights noted as fluorescent. (m) Prior to the Building and Safety plan check submittal, the applicant's plans shall indicate h rd wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas. (n) The single family structure requires Fire Department approval and is located in "Hi - h Hazard Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof coverir g shall be "Fire Retardant." Tile roofs shall be fire stopped a the eaves to preclude entry of the flame or members undE r the fire; (2) All enclosed ur der -floor areas shall be constructed as exterior walls; (3) All openings ir to the attic, floor, and/or other enclosed areas shall be cover ad with corrosion -resistant wire mesh not less than '/4 inch n r more than '/z inch in any dimension except where such o enings are equipped with sash or door; (4) Chimneys sh II have spark arresters of maximum 1/2 inch screen. (o) The applicant shall damply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (p) The landscaping/irrig tion shall be installed or replaced in the front yard prior to the Planr ing Division's final inspection. Any walls, gates, fountains, dense plant material, etc., that may be proposed within the front setback shall not exceed a maximum height of 42 inches. (q) 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 C.1 result in a nuisance dr which create traffic and parking problems in the neighborhood. (r) 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 ust be completed and recorded with the Los Angeles County's RE corder's Office prior to the issuance of a building permit. (s) This grant is valid for two (2) years and shall be exercised (i.e., construction) w thin 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 cays prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in ai cordance with Chapter 22.72 of the City of Diamond Bar Municipal Code. (t) 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 ( 5) 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 gr n#. Further, this grant shall not be effective until the permittee pays r maining City processing fees. (u) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five -days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee' in connection with Fi h and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fin which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Erick and Lakesh Carpenter, 21602 Birch Hill Drive, Diamond Bar, CA 91765. 7 APPROVED AND ADOPTED THIS 22nd DAY OF MARCH 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By:, 1 1, C Joe McManus, 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 22nd day of Mar h 2005, by the following vote: AYES: Commissioner: Nolan, V/C Low, Tanaka, Tye, Chair/McManus NOES: Commissioner: None ABSENT: Commissioner: No e ABSTAIN: Commissioner: No e ATTEST: no, Secretary PLANNING COMMISSION RESOLUTION NO. 2005-12 A RESOLUTION OF HE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-09 AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT AN APPROXIMATE 468 SQUARE FEET ONE STORY ADDITION AND 97 SQUARE FEET PATIO COVER TO THE EXISTING 1,288 LIVABLE SQUARE FEET, ONE STORY, SINGLE FAMILY RESIDENCE WIT ATWO CAR GARAGE. THE PROJECT SITE IS LOCATED AT 216(2 BIRCH HILL DRIVE (LOT 75, TRACT NO. 25987), DIAMOND BA :Z, CALIFORNIA. A. RECITALS The property owners/applies Development Review No. 21602 Birch Hill Drive (Lot 7 County, California, as descr L this Resolution, the subject shall be referred to as the 2. On September 1, 2004, staf room addition in the rear No. 2004-81. Within the sarr Lakesha Carpenter, request together, both additions tot square footage, therefore, r ants, Erick and Lakesha Carpenter, have filed a 2005-09 application for a property located at 5, Tract No. 25987), Diamond Bar, Los Angeles ibed in the title of this Resolution. Hereinafter in Development Review and Categorical Exemption kpplication." f approved a 499 square feet, one story, family - of the existing structure known as Plot Plan ie year the property owners/applicants, Erick and ed to add another 565 square feet. When added al more than 50 percent of the existing livable equiring a Development Review. 3. On March 3, 2005, 118 pro erty owners within the project's 500 -foot radius were mailed a public hearin notice. On March 8, 2005, three other locations within the application's vicin ty were posted. On March 8, 2005, the project's public hearing notification as published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted a the site. 4. On March 22, 2005, the PIc conducted and concluded a nning Commission of the City of Diamond Bar 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, 2. The Planning Commission above in this Resolution is Environmental Quality Act (I of this Resolution are true and correct. hereby determines that the project identified categorically exempt per the 1970 California :EQA), Section 15301(e). 3. The Planning Commission iereby specifically finds and determines that, having considered the reco d as a whole including the findings set forth below, and changes and alt rations which have been incorporated into and conditioned upon the propos d project set forth in the Application, there is no evidence before this Plannin Commission that the project proposed herein will have the potential of a adverse effect on wild life resources or the habitat upon which the wildli a depends. Based upon substantial evidence, this Planning Commission hE reby rebuts the presumption of adverse effects contained in Section 753. (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 (a) The project parcel is addressed 21602 Bii project site is approxii usable square feet. It i follows: of 75, Tract 25987, APN 8285-005-009, and ch Hill Drive, Diamond Bar, California. The ately .19 gross acres: 8,488 gross and 8,438 a rectangular shaped lot with the existing one story single family residence approved and completed in 1963. (b) The General Plan Lad Use designation is Low Medium Residential (RLM), maximum 5 dwelling units per acre. The site is zoned Single family Residence, R-1-7,500. (c) (d) The R-1-7,500 zone and single family uses surround the site. The Application requests an approximate 468 square feet one story addition and 97 square feet patio cover in the rear of the existing 1,288 livable square feet, one story, single family residence with a two car garage. DEVELOPMENT REVIEW (e) The design and layout with the General Plai district, design guideli area (e.g., theme area: or planned developme of the proposed development are consistent i, development standards of the applicable nes, and architectural criteria for specialized specific plans, community plans, boulevards, nts.) 2 The project site, cur ently developed with a one story, single family residence was estab ished before the adoption of the City's General Plan and current Municipal Code. The adopted July 25, 1995, General Plan land use designation is Low Medium Residential (RLM) (maximum 5 dwelling units/per acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the int grity of residential neighborhoods and open space, the current D amond Bar Municipal Code, and with the City's Design Guidelines. here is no specific plan. M (9) The proposed proje Municipal Code; the comparable with the height limitations; an than the existing stru ,ct conforms to applicable provisions of the site coverage is less than 40 percent; it is existing neighborhood; it meets the required I it does not encroach into the setbacks further cture. The design and layo t of the proposed development will not interfere with the use and njoyment of neighboring existing or future development, and wi I not create traffic or pedestrian hazards. Pathfinder Road and project site. These at minimum traffic create currently developed proposed addition do Application maintain; properties. The strut with the use and development. The architectural des with the characterise maintain and enhai development contem Design Guidelines, o The proposed single style is retained. The the roof is gabled int stucco add texture levels. The applicatio, with the other home„ General Plan, City's D no specific plan. Evergreen Springs Drive adequately serve the d the neighboring streets are designed to handle )d by residential development. The project site is with a one story, single family residence. The as not change the existing single family use. The > the existing style consistent with surrounding ture is not expected to unreasonably interfere =njoyment of neighboring existing or future ign of the proposed development is compatible ics of the surrounding neighborhood and will ice the harmonious, orderly and attractive plated by Chapter 22.48, the General Plan, City r any applicable specific plan. family residence's contemporary architectural proposed one story addition is in the rear and the existing roof. The windows, roofing, and nd contrast for variety and low maintenance is architectural style and palette are compatible in the neighborhood and consistent with the esign Guidelines and Municipal Code. There is (h) (I) U) The design of the pr environment for its c neighbors, through go that is aesthetically ap The colors, materials, and are complimentai offering variety and to The proposed projec safety, or welfare or property values or improvements in the oposed development will provide a desirable ccupants and visiting public, as well as its od aesthetic use of materials, texture, and color pealing. and textures proposed are the same as existing y to the existing homes within the area while w maintenance levels. will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or icinity. Structural plan check, City permits, and inspections; soils report and Fire Department app ovals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, s properties or improve Covenant and Agree maintain a single fami The proposed projec provisions of the Calif The City has determi, exempt per the 1970 Section 15301(e). 5. Based upon the findings a Commission hereby apprm conditions: (a) The project shall subs elevations collectively submitted to, amend Commission. (b) The subject site shall debris both during implementation of the trash, debris, and i construction, shall be d duly permitted waste ci to provide collection, tr residential, commercie afety, or welfare, or materially injurious to the nnents in the vicinity. Additionally, a Recorded ment is required and runs with the land to ly residence. has been reviewed in compliance with the rnia Environmental Quality Act (CEQA). ed that the proposed project is categorically ;alifornia Environmental Quality Act (CEQA), d conclusion set forth above, the Planning as this Application subject to the following tantially conform to site plan, floor plans, and abeled as Exhibit "A" dated March 22, 2005, as ed herein, and approved by the Planning be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all -efuse, whether during or subsequent to one only by the property owner, applicant or by ontractor, who has been authorized by the City ansportation, and disposal of solid waste from 1, construction, and industrial areas within the City. It shall be the pplicant'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 applicant shall si Works Division illustr plan; surface water minimum slope. Erc construction started control plan. shall con System (NPDES) st, Management Practice erosion control pl Works/Engineering C ibmit a Drainage Plan to the Engineering/Public sting the drainage pattern and an erosion control shall drain away from the building at a 2% sion control measures shall be in place for after October 1 through April 15. The erosion 'orm to national Pollutant Discharge Elimination indards and incorporate the appropriate Best :s (BMP's). The standards for the preparation of ins can be obtained from the Public ivision. (d) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Pla requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (e) The applicant shall provide temporary sanitation facilities during construction. M the project. If required by the Building Official, a construction fence shall protect (g) The single family str cture shall meet the 2001 California Building Code including smoke detectors and rescue window requirements. (h) This single family structure shall meet the State Energy Conservation Standards. (i) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. The City is in seismic zone four (4). Applicant shall submit drawings and calculations prepared by a licensed architect/engineer with wet stamp and signature. Q) Prior to Building and Safety plan check submittal, the applicant shall indicate color and typ (weight) of roofing materials; and stucco and window colors on the plans. Prior to the Building nd Safety plan check submittal, the applicant (k) shall specify the to ation of tempered glass as required by the California Building C ode. (I) Prior to the Building d Safety plan check submittal, the applicant's plans shall have kitch en and bathroom lights noted as fluorescent. Prior to the Building nd Safety plan check submittal, the applicant's (m) plans shall indicate h ird wired smoke detectors with battery back-up in all bedrooms and 11 allways leading into sleeping areas. (n) The single family stru cture requires Fire Department approval and is PLANNING located in "High Ha and Fire Zone" and shall meet the following requirements of that ire zone: (1) All roof coverir fire stopped a members und( (2) All enclosed ur walls; (3) All openings it shall be cover than '/4 inch n where such op (4) Chimneys she screen. (o) The applicant shall c Building and Safety, F (p) The landscaping/irrig— yard prior to the Plann fountains, dense plan front setback shall no (q) The single family re creates adverse effe setting of the resident traffic, or other distur and shall not result in and resources. The commercial/institutio dwelling. The propert g shall be "Fire Retardant." Tile roofs shall be the eaves to preclude entry of the flame or r the fire; der -floor areas shall be constructed as exterior to the attic, floor, and/or other enclosed areas ad with corrosion -resistant wire mesh not less )r more than '/2 inch in any dimension except enings are equipped with sash or door; II have spark arresters of maximum 1/2 inch )mply with the requirements of City Planning, ublic Works Divisions, and the Fire Department. ition shall be installed or replaced in the front ing Division's final inspection. Any walls, gates, material, etc., that may be proposed within the t exceed a maximum height of 42 inches. idence shall not be utilized in a manner that is upon the neighborhood and environmental al site to levels of dust, glare/light, noise, odor, ances to the existing residential neighborhood significantly adverse effects on public services >ingle family residence shall not be used for al purposes, or otherwise used as a separate f shall not be used for regular gatherings which result in a nuisance c neighborhood. which create traffic and parking problems in the (r) The owners shall cc plete and record a "Covenant and Agreement to Maintain a Single family Residence" on a form to be provided by the City. The covenant nust be completed and recorded with the Los Angeles County's RE corder's Office prior to the issuance of a building permit. (s) This grant is valid for two (2) years and shall be exercised (i.e., construction) w thin 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 cays prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in a cordance with Chapter 22.72 of the City of Diamond Bar Munici al Code. (t) This grant shall not e effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed; within fifteen ( 5) 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 gr nt. Further, this grant shall not be effective until the permittee pays r maining City processing fees. (u) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall rem t 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 th n a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fin which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adopti n of this Resolution; and (b) Forthwith transmit a ertified copy of this Resolution, by certified mail to Erick and Lakesh Carpenter, 21602 Birch Hill Drive, Diamond Bar, CA 91765. 7 APPROVED AND ADOPTED THIS 22ncDAY OF MARCH 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. flu — [" ti Joe McManus, Chairman I, James DeStefano, Planning Commissi 1 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 22nd day of Mar h 2005, by the following vote: AYES: Commissioner: No an, V/C Low, Tanaka, Tye, Chair/McManus NOES: Commissioner: No e ABSENT: Commissioner: No e ABSTAIN: Commissioner: None ATTEST: