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HomeMy WebLinkAboutPC 2005-26PLANNING COMMISSION RESOLUTION NO. 2005-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-14 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH AND AN ATTACHED TWO -CAR GARAGE TOTALLING TO APPROXIMATELY 5,187 SQUARE FEET. THE APPROVAL ALSO INCLUDES RETAINING WALLS WITHIN THE REAR AND SIDE YARDS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET AND RETAINING WALLS WITHIN THE FRONT SETBACK NOT TO EXCEED AN EXPOSED HEIGHT OF 42 INCHES. THE PROJECT SITE IS LOCATED AT 1198 CHISOLM TRAIN (LOT 4, TRACT NO. 37873), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Mitchell Won and applicant, Brent Hallam of Westwood Design have filed an application for Development Review No. 2005-14 and categorical exemption for a property located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On June 16, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 11, 2005, public hearing notices were mailed to approximately 45 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on June 12, 2005, the project site was posted with a display board. 3. On June 28, 2005, the Planning Commission of the City of Diamond Bar 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 1198 Chisolm Trail (Lot 14, Tract No. 37873). It is an irregular shaped vacant lot of approximately 13,330 square feet and slopes from the street (Chisolm Trail) to rear property line (Grand Avenue). The project site does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone interpreted as Low Density Residential (RL) Maximum 3 DU/Acre Zone. (d) Generally, the following zone surrounds the project site: To the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -4-4U (condominiums) zone. (e) The Application request is for approval to construct a three-story single-family residence of approximately 5,187 square feet which includes balconies, porch, and attached two -car garage. Additionally, the application request includes retaining walls within the side and rear yards not to exceed an exposed height of six feet and retaining walls within the front setback not to exceed an exposed height of 42 inches. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, 2 design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing vacant infill lot planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 9995 in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RL -Maximum 3 DU/AC since the project site is 93,330 gross square feet. The proposed project, as conditioned within this resolution, will maintain the required height fora residential structure; side and rear yard setbacks; and lot coverage. Retaining walls will not exceed the exposed height permitted by the Development Code. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors (earth tone) are compatible with other residences in the surrounding neighborhood. The proposed residence is consistent in size with other homes surrounding the project site. (g) 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. As referenced above in Finding (t), the proposed project is a single- family residence, consistent with other single family residences established and recently approved within this neighborhood. The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approved subdivision. Additionally, Chisolm Trail adequately serves the project site (an existing vacant infill lot) and the existing neighborhood. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 37873 3 The proposed color palette is varying shades of earth tones. The proposed materials (stone accent, stucco and wood and tile for the root) offer a variety of textures. Architectural features such as columns that flank the front entry, window arrangement and style, varying levels and planes on the front, rear and right side elevations creates interest and reduces the massive appearance of the proposed residence. The cupola -like structure on the roof provides light through the center of the residence and ventilation at the main floor and is an architectural feature that is necessary to the homeowner. However, staff believes that as designed, it does not related to the roof line and window style of the front facade of the residence. Staff is requiring that the cupola -like structure's height be reduced by approximately 1.5 feet in order to following the roofline of the proposed residence. Staff is also requiring that the stone accent be added to the columns that flank the front entry. With the required change to the cupola -like structure and additional stone accent, staff believes the proposed residence will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is not an applicable specific plan for the project area. (i) 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 and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (0 through (h), the proposed project 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 while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. Q) The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 95303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions; Planning Division (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, 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. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan forthe City's review and approval. Said plan shall delineate species, location, size and quantity of all plant material. Landscaping for the rear slope shall include larger size shrubs and trees (varying in size with minimum five gallon) and vines to reduce the impact of the rear walls as viewed from Grand Avenue. Also, it is required that Myraporum be planted on the rear slope as was required for the other new homes approved on Chisolm Trail. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy 5 (d) Retaining walls within the rear and side yards shall not exceed an exposed height of six feet as delineated in Exhibit "A". Retaining walls/walls within the front yard setback shall not exceed an exposed height of 42 inches. Rear retaining wall shall be faced with Suede Drystack Ledgestone (CSV -2010) utilize on the residence and as delineated on Sheet A 3.2 of Exhibit "A". (e) Suede Drystack Ledgestone (CSV -2010) shall be added to the columns at the front entry of the residence. (f) The first six feet of the front yards (as measured from behind the sidewalk is City property. Retaining walls/ walls or structures shall not be constructed within said six feet. (g) Prior to plan check submittal, the applicant shall submit revised elevations delineating a height reduction of approximately 1.5 feet of the cupola -like structure's height, thereby following the roofline of the residence. Additionally, an architectural treatment shall be added to the top of the chimney. (h) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. Building and Safety Division (i) Prior to construction, the applicant shall install temporary construction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. (j) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (k) Footings shall be designed for expansive soil. (I) All retaining walls shall be approved by the Building and Safety Division. (m) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. H (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed 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 114 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 112 inch screen. (n) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (o) The residence shall be plan checked as a three story home and shall require a second exist from the third story. (p) The proposed residence shall comply with the State Energy Conservation Standards. (q) Surface water shall drain away from the proposed residence ata two - percent minimum slope. (r) On a revised site plan, the applicant shall delineate the location of the balcony. Public Works Division (s) Prior to the issuance of a building permit, a geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (t) Upon approval of the Geotechnical Report, the applicant shall submit a drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for approval by the City. (u) Prior to the issuance of any City permits, the applicant shall submit a grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements using the correct title block format for the City's approval. The grading plan shall delineate the following: (1) Cut and fill quantities with calculations; (2) Existing and proposed topography; (3) Flow lines and drainage/drainage outlets; (4) Delineate the location of all retaining walls; and 7 (5) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (v) Retaining wall calculations shall be submitted to the Building and Safety Division for approval with the grading plan. (w) The applicant shall provide service connection for water, sewer, gas, electric, etc. (x) Upon approval of the geotechnical report, the applicant shall submit an erosion control plan concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 15 and April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (y) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (z) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. (aa) Prior to the issuance of any City permits, the applicant shall submit calculations for the proposed rip -rap on the grading plan for City review and approval. (bb) Finished slopes shall conform to Development Code Section 22.22.080 indicating that the maximum allowed shall be 2:1. (cc) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (dd) Rough grading certification by the project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. (ee) Final grade certification by the project soils and civil engineers shall be submitted to the Public Works Division prior to the any final inspections/certificate of occupancy. (ff) Applicant shall construct a five-foot wide sidewalk (the length of the subject property's frontage) behind the existing curb and a new driveway approach. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. (gg) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval shall expire. A one-year extension of time 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 Development Code. (hh) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) has filed, within fifteen (30) days of this project's approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (ii) 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 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 applicant shall also pay to the Department of Fish and Game any such fee and any fine 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: Mr. Mitchell Won, 5719 Paramount Lane, Pico Rivera, CA 90660 and Mr. Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San Dimas, CA 91773 W APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. WA CIE Joe McManus, Chairman I, JamWs DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of June 2005, by the following vote: AYES: Commissioners: Tye, Nolan, VC/Low, Chair McManus NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: o`Secretary 10 PLANNING COMMISSION RESOLUTION NO. 2005-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2005-14 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH AND AN ATTACHED TWO -CAR GARAGE TOTALLING TO APPROXIMATELY 5,187 SQUARE FEET. THE APPROVAL ALSO INCLUDES RETAINING WALLS WITHIN THE REAR AND SIDE YARDS NOT TO EXCEED AN EXPOSED HEIGHT OF SIX FEET AND RETAINING WALLS WITHIN THE FRONT SETBACK NOT TO EXCEED AN EXPOSED HEIGHT OF 42 INCHES. THE PROJECT SITE IS LOCATED AT 1198 CHISOLM TRAIN (LOT 4, TRACT NO. 37873), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Mitchell Won and applicant, Brent Hallam of Westwood Design have filed an application for Development Review No. 2005-14 and categorical exemption for a property located at 1198 Chisolm Trail, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and categorical exemption shall be referred to as the "Application." 2. On June 16, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On June 11, 2005, public hearing notices were mailed to approximately 45 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. Furthermore, on June 12, 2005, the project site was posted with a display board. 3. On June 28, 2005, the Planning Commission of the City of Diamond Bar 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a site located at 1198 Chisolm Trail (Lot 14, Tract No. 37873). It is an irregular shaped vacant lot of approximately 13,330 square feet and slopes from the street (Chisolm Trail) to rear property line (Grand Avenue). The project site does not contain a "restricted use area" or easements. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/Acre. (c) The project site is within the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1 -8,000) Zone interpreted as Low Density Residential (RL) Maximum 3 DU/Acre Zone. (d) Generally, the following zone surrounds the project site: To the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-1-8,000 zone; and to the west is the R -4-4U (condominiums) zone. (e) The Application request is for approval to construct a three-story single-family residence of approximately 5,187 square feet which includes balconies, porch, and attached two -car garage. Additionally, the application request includes retaining walls within the side and rear yards not to exceed an exposed height of six feet and retaining walls within the front setback not to exceed an exposed height of 42 inches. Development Review M The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, 2 design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). (9) The project site is an existing vacant infill lot planned for residential development and subdivided prior to the City's incorporation. The proposed project as conditioned is consistent with the General Plan adopted on July 25, 1995 in that it will maintain the integrity and not degrade this residential area. Furthermore, it complies with the General Plan land use designation of RL -Maximum 3 DU/AC since the project site is 13,330 gross square feet. The proposed project, as conditioned within this resolution, will maintain the required: height for a residential structure; side and rear yard setbacks; and lot coverage. Retaining walls will not exceed the exposed height permitted by the Development Code. The proposed project is consistent with the City's Design Guidelines related to maintaining the integrity of residential neighborhoods and open space. The proposed architectural style (Mediterranean) and colors (earth tone) are compatible with other residences in the surrounding neighborhood. The proposed residence is consistent in size with other homes surrounding the project site. 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. As referenced above in Finding (t), the proposed project is a single- family residence, consistent with other single family residences established and recently approved within this neighborhood. The project site is large enough to accommodate the proposed project. As such, the proposed residence is not expected to interfere with the use and enjoyment of neighboring existing or future development. The proposed residence is not expected to create traffic or pedestrian hazards due to that fact that the use was planned with the tract's original approved subdivision. Additionally, Chisolm Trail adequately serves the project site (an existing vacant infill lot) and the existing neighborhood. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed project's architectural style (as referred to in the application) is Mediterranean. This style is compatible with other residences within Tract No. 37873 3 The proposed color palette is varying shades of earth tones. The proposed materials (stone accent, stucco and wood and tile for the roof) offer a variety of textures. Architectural features such as columns that flank the front entry, window arrangement and style, varying levels and planes on the front, rear and right side elevations creates interest and reduces the massive appearance of the proposed residence. The cupola -like structure on the roof provides light through the center of the residence and ventilation at the main floor and is an architectural feature that is necessary to the homeowner. However, staff believes that as designed, it does not related to the roof line and window style of the front fagade of the residence. Staff is requiring that the cupola -like structure's height be reduced by approximately 1.5 feet in order to following the roofline of the proposed residence. Staff is also requiring that the stone accent be added to the columns that flank the front entry. With the required change to the cupola -like structure and additional stone accent, staff believes the proposed residence will provide a desirable environment with good aesthetic use of materials, textures and colors that will remain aesthetically appealing while offering variety. As a result, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20 Development Review Standards, City Design Guidelines and the City's General Plan. There is not an applicable specific plan for the project area. a) 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 and will retain a reasonably adequate level of maintenance. As referenced in the above Findings (f) through (h), the proposed project 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 while offering variety in color and texture related to stucco and stone accent and a low level of maintenance. The proposed development will not be detrimental to 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; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is 4 not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), Section 15303(a), the City has determined that the project identified above in this Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: Planning Division (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections, final landscape/irrigation plan, and colors/materials board collectively labeled as Exhibit "A" dated June 28, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and afterthe 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 a 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. (c) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan for the City's review and approval. Said plan shall delineate species, location, size and quantity of all plant material. Landscaping for the rear slope shall include larger size shrubs and trees (varying in size with minimum five gallon) and vines to reduce the impact of the rear walls as viewed from Grand Avenue. Also, it is required that Myraporum be planted on the rear slope as was required for the other new homes approved on Chisolm Trail. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy 5 (d) Retaining walls within the rear and side yards shall not exceed an exposed height of six feet as delineated in Exhibit "A". Retaining walls/walls within the front yard setback shall not exceed an exposed height of 42 inches. Rear retaining wall shall be faced with Suede Drystack Ledgestone (CSV -2010) utilize on the residence and as delineated on Sheet A 3.2 of Exhibit "A". (e) Suede Drystack Ledgestone (CSV -2010) shall be added to the columns at the front entry of the residence. M (g) The first six feet of the front yards (as measured from behind the sidewalk is City property. Retaining walls/ walls or structures shall not be constructed within said six feet. Prior to plan check submittal, the applicant shall submit revised elevations delineating a height reduction of approximately 1.5 feet of the cupola -like structure's height, thereby following the roofline of the residence. Additionally, an architectural treatment shall be added to the top of the chimney. (h) The single-family residence shall not be utilized in a manner that creates adverse effects (i.e., significant levels of dust, glare/light, noise, odor, traffic, or other disturbances) upon the neighborhood and environmental setting. Additionally, the single-family residence shall not result in significantly adverse effects on public services or resources. No portion of the residence shall be rented, used for commercial/institutional purposes, or otherwise utilized as a separate dwelling. The property shall not be used for regular gatherings that result in a nuisance or create traffic and parking problems in the neighborhood. Building and Safety Division (i) 0) Prior to construction, the applicant shall install temporary construction fencing along the project perimeter pursuant to the Building and Safety Division's requirements. Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (k) Footings shall be designed for expansive soil. (I) All retaining walls shall be approved by the Building and Safety Division. (m) The proposed single-family residence is located within "high fire zone" and shall meet all requirements of said zone. 6 (1) All roof covering shall be "Fire Retardant." Tile roof shall be fire stopped at the eaves to preclude entry of the flame or members under the fire. (2) All unenclosed under -floor areas shall be constructed as exterior walls. (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in dimension except where such openings are equipped with sash or door. (4) Chimneys shall have spark arrests of maximum 1/2 inch screen. (n) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (o) The residence shall be plan checked as a three story home and shall require a second exist from the third story. (p) (q) The proposed residence shall comply with the State Energy Conservation Standards. Surface water shall drain away from the proposed residence at a two - percent minimum slope. (r) On a revised site plan, the applicant shall delineate the location of the balcony. Public Works Division (s) Prior to the issuance of a building permit, a geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (t) Upon approval of the Geotechnical Report, the applicant shall submit a drainage and grading plan prepared by a Civil Engineer, licensed by the State of California, for approval by the City. (u) Prior to the issuance of any City permits, the applicant shall submit a grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements using the correct title block format for the City's approval. The grading plan shall delineate the following: (1) (2) (3) (4) Cut and fill quantities with calculations; Existing and proposed topography; Flow lines and drainage/drainage outlets; Delineate the location of all retaining walls; and 7 (5) Retaining walls' elevations at top of wall and finished grade on both sides of the wall, calculations and detail to show how runoffs behind the retaining wall will be mitigated. (v) Retaining wall calculations shall be submitted to the Building and Safety Division for approval with the grading plan. (w) The applicant shall provide service connection for water, sewer, gas, electric, etc. (x) Upon approval of the geotechnical report, the applicant shall submit an erosion control plan concurrently with the grading plan clearly delineating erosion control measures for the City's review and approval. These measures shall be implemented during construction between October 15 and April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) during and after construction. Additionally, the applicant shall obtain the necessary NPDES permits. (y) Applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City engineer. Best Management Practices (BMP's) are required to be incorporated into the project plans for both construction and post construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP's Fact Sheets can be obtained through the Public Works Division. (z) All drainage/runoff from the subject property shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. Prior to the issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. (aa) Prior to the issuance of any City permits, the applicant shall submit calculations for the proposed rip -rap on the grading plan for City review and approval. (bb) Finished slopes shall conform to Development Code Section 22.22.080 indicating that the maximum allowed shall be 2:1. (cc) Prior to the issuance of a building permit, a pre -construction meeting shall be held at the project site with grading contractor, applicant, and City grading inspector at least 48 hours prior to commencing grading operations. (dd) Rough grading certification by the project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. 8 (ee) Final grade certification by the project soils and civil engineers shall be submitted to the Public Works Division prior to the any final inspections/certificate of occupancy. (ff) (99) Applicant shall construct a five-foot wide sidewalk (the length of the subject property's frontage) behind the existing curb and a new driveway approach. All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval shall expire. A one-year extension of time 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 Development Code. (hh) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) has filed, within fifteen (30) days of this project's approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (ii) 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 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 applicant shall also pay to the Department of Fish and Game any such fee and any fine 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: Mr. Mitchell Won, 5719 Paramount Lane, Pico Rivera, CA 90660 and Mr. Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San Dimas, CA 91773 9 APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of June 2005, by the following vote: AYES: Commissioners: Tye, Nolan, VC/Low, Chair McManus NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: /Y,//\ Jkm ,s DeSt ano ecretary 10