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HomeMy WebLinkAboutPC 2005-29PLANNING COMMISSION RESOLUTION NO. 2005-29 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-34 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT AN APPROXIMATE 8,076 SQUARE FOOT ADDITION TO AN EXISTING 2,777 SQUARE FOOT TWO-STORY SINGLE- FAMILY DWELLING TO TOTAL 10,853 SQUARE FEET, AND AN ATTACHED FOUR CAR GARAGE OF 1,008 SQUARE FEET. THE REQUEST INCLUDES SITE IMPROVEMENTS (I.E., SWIMMING POOL, GAZEBO, BASKETBALL COURT, TENNIS COURT AND RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET). THE PROJECT SITE IS 701 FEATHERWOOD DRIVE (LOT 7, TRACT NO. 43756), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Randy and Olga Rodriguez, have filed an application to approve Development Review No. 2004-34 for a property located at 701 Featherwood Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On June 13, 2005, 222 property owners within a 700 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On June 17, 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 at the site. 3. On June 28, 2005, and continued to July 12, 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a parcel at 701 1=eatherwood Drive (Lot 7, Tract No. 43756) Diamond Bar, California. The parcel is 9.10 gross acres. The lot is an irregularly shaped "flag lot" with the majority of the property having a descending sloping topography to the north and west. (b) The General Plan Land Use designation is Low Density Residential (RL), 3 du/acre. The project site is zoned Single Family Residence, R-1-9,000. (c) Generally, the project site is surrounded by the R-1-9,000 Zone. (d) The application is a request to construct an approximate 8,076 square foot addition to an existing 2,777 square foot two-story single-family residence with an attached 4 -car garage. The request includes site improvements (i.e., swimming pool, gazebo, tennis court, basketball court, and retaining walls with a maximum exposed height of six (6) feet). DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). The existing project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Low Density Residential (Max. 3 du/acre). The proposed use is zoned for single family residence at R-1-9,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage and setback. There is no specific or additional community planned development for the site. {f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently a developed lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Featherwood Drive. This public street is designed to handle minimum traffic created by this type of development. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the immediate neighborhood, and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The project's curb appeal architectural features include neutral colors of off-white and beige and include: adobe concrete file roof, smooth stucco finish walls, stucco coated moldings forthe cornice and around the windows and doors, decorative pre -cast concrete balustrades for the balconies, M arched entryway with column supports, and architecturally compatible wall lights. With the landscape materials screening much of the rear and side yards'retaining walls, the maximum six feet height is compatible with the neighborhood. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (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 checks, City permits and inspections, soils report review and approval, 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, ormaterially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Featherwood Drive is hilly. The applicant's parcel is a flag lot situated on a crest of hill behind two single family homes reflective of the subject structure. Access to the home is via a 10 -foot wide driveway on a 20 -foot wide strip of land extending from Featherwood Drive. This lot is located north of the SR 60 Freeway, east of Peterson Park and commands extensive views of the San Gabriel Valley and westward to the greater Los Angeles area. The majority of the approximately 9 -acre parcel is hillside with slopes containing grades that vary from 3:1 to 2:1. The location of the proposed improvements contains graded pad areas and will extend into slope areas north and west of the existing development. The resulting development will not negatively impact any view corridor of the neighboring properties. Therefore, this proposed residence will not be detrimental to the views of the neighboring properties. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, grading plan, landscape plan, sections, and materials/colors board collectively labeled as Exhibit "A" dated July 6, 2005, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) Prior to any Plan Check submittals, the Applicant shall submit a retaining wall design plan with a decorative finish and cap. (e) The Applicant shall submit detailed drawings for the gazebo, tennis courts, basketball courts, pools and other site amenities to the Planning Division for review and approval prior to Building Plan Check. The design, materials and colors for the site amenities shall be compatible to the dwelling design. (f) All lighting fixtures for the site, the basketball court, the tennis court, and other site amenities shall be submitted for Planning Division review and approval as to the type, orientation and height, prior to issuance of building permits. (g) Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering 5 divisions) at the established rates, prior to issuance of building or grading permits, whichever comes first and as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of building permits. ENGINEERINGIBUILDING AND SAFETY (h) Prior to Grading Plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California shall be submitted for approval by the City. (i) Grading Plan shall be prepared by a Civil Engineer, licensed by the State of California, for approval by the City. The Grading Plan shall be prepared in accordance with the City's Requirements for Grading Plan Check requirements. All grading (Cut and fill) calculations shall be submitted to the City concurrently with the grading plan. {j) The Grading Plan shall 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. (k) An erosion control plan shall be submitted and 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 appropriate Best Management Practices (BMP's). (1) If required by the City Engineer, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (m) 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. Permission must be obtained from adjacent property owners if proposed drainage flows into their property. (n) The applicant shall submit calculations for the proposed rip -rap on the grading plan. (o) Driveway grades and parking landings shall conform to City Code Section 22.22.100. (p) Finished slopes shall conform to City Code Section 22.22.080 - Grading. (q) Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (r) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the home structure. Retaining wall permits may be issued without a rough grade certificate. (s) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division priorthe issuance of any project final inspections/certificate of occupancy, respectively. (t) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. (u) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (v) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (w) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (x) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (y) The single family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: All roof covering shall be "Fire Retardant, Class A'; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 7 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than '/2 inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum % inch screen. (z) This single family structure shall meet the State Energy Conservation Standards. (aa) Due to the site's topography, applicant shall comply with special design requirements as specified in the 2001 California Building Code, Section 1806.4.2, building setback, top and toe of slopes. (bb) All sleeping rooms shall have windows that comply with egress requirements. (cc) All balconies shall be designed for 40 pound per square foot live load. (dd) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (ee) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (ff) Application shall provide window and door schedule for Building and Safety plan check. PLANNING DIVISION (gg) A final landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. (hh) A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for review and approval, prior to issuance of grading permits. (ii) All slopes shall be irrigated and landscaped per city's requirements and submitted for review and approval prior to issuance of grading permits. E:3 (jj) All landscaping/irrigation shall be installed prior to the Planning division's final inspection. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (kk) Provide a landscape buffer that includes trees and shrubs at the north side of the new 4 -car garage. (11) Eliminate the garage door at the north side of the 4 -car garage. (mm) The west side of basketball and tennis courts and the south side of the tennis court shall have landscape buffers for screening the courts. Landscape buffer shall include trees and shrubs. (nn) Decorative railing shall be provided on top of retaining wall along the new driveway and at location determined to be necessary, subject to Planning Division review and approval prior to issuance of grading permits. (oo) The removal of the pepper tree will require a Tree permit subject to replacement ratio of 3 to 1. (pp) The connection between the existing residence and the new addition shall resemble a two story building. (qq) All garage doors shall have the same decorative design with windows. (rr) A color material sample board for the project shall be submitted for Planning Division review and approval. The color shall be of earth tones instead of white stucco. (ss) Window trim shall be provide to all windows (tt) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (u u) The single family residence shall not be used 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 WIC not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (w) The Applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence with One Kitchen" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorders Office priorto the issuance of a building permit. (ww) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (xx) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval 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. (yy) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of 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 approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. (zz) 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. 10 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 Randy and Olga Rodriguez, 701 Featherwood Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF JULY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: JQ4 McManus, Chairman I, James Defano, 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 12th day of July 2005, by the following vote: AYES: Commissioners: Tye, VC/Low, Torn, Chair/McManus. NOES: Commissioners: mane. ABSENT: Commissioners: Nolan. ABSTAIN: Commissioners: None. ATTEST: 11 PLANNING COMMISSION RESOLUTION NO. 2005-29 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-34 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT AN APPROXIMATE 8,076 SQUARE FOOT ADDITION TO AN EXISTING 2,777 SQUARE FOOT TWO-STORY SINGLE- FAMILY DWELLING TO TOTAL 10,853 SQUARE FEET, AND AN ATTACHED FOUR CAR GARAGE OF 1,008 SQUARE FEET. THE REQUEST INCLUDES SITE IMPROVEMENTS (I.E., SWIMMING POOL, GAZEBO, BASKETBALL COURT, TENNIS COURT AND RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET). THE PROJECT SITE IS 701 FEATHERWOOD DRIVE (LOT 7, TRACT NO. 43756), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners, Randy and Olga Rodriguez, have filed an application to approve Development Review No. 2004-34 for a property located at 701 Featherwood Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On June 13, 2005, 222 property owners within a 700 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. On June 17, 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 at the site. 3. On June 28, 2005, and continued to July 12, 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines. This is pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a parcel at 701 Featherwood Drive (Lot 7, Tract No. 43756) Diamond Bar, California. The parcel is 9.10 gross acres. The lot is an irregularly shaped "flag lot" with the majority of the property having a descending sloping topography to the north and west. (b) The General Plan Land Use designation is Low Density Residential (RL), 3 du/acre. The project site is zoned Single Family Residence, R-1-9,000. (c) Generally, the project site is surrounded by the R-1-9,000 Zone. (d) The application is a request to construct an approximate 8,076 square foot addition to an existing 2,777 square foot two-story single-family residence with an attached 4 -car garage. The request includes site improvements (i.e., swimming pool, gazebo, tennis court, basketball court, and retaining walls with a maximum exposed height of six (6) feet). DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, 2 design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). M (9) The existing project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Low Density Residential (Max. 3 du/acre). The proposed use is zoned for single family residence at R-1-9,000. The proposed structure complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The structures and placement on the parcel conform to the site coverage and setback. There is no specific or additional community planned development for the 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. The project site is currently a developed lot within an existing tract designed for single family homes. The proposed new construction does not change the use intended for the site as a single family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is adequately served by Featherwood Drive. This public street is designed to handle minimum traffic created by this type of development. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural design and palette are compatible with the eclectic architectural style of other homes within the immediate neighborhood, and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. The project's curb appeal architectural features include neutral colors of off-white and beige and include: adobe concrete tile roof, smooth stucco finish walls, stucco coated moldings for the cornice and around the windows and doors, decorative pre -cast concrete balustrades for the balconies, 3 arched entryway with column supports, and architecturally compatible wall lights. With the landscape materials screening much of the rear and side yards'retaining walls, the maximum six feet height is compatible with the neighborhood. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. U) 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 checks, City permits and inspections, soils report review and approval, and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Featherwood Drive is hilly. The applicant's parcel is a flag lot situated on a crest of hill behind two single family homes reflective of the subject structure. Access to the home is via a 10 -foot wide driveway on a 20 -foot wide strip of land extending from Featherwood Drive. This lot is located north of the SR 60 Freeway, east of Peterson Park and commands extensive views of the San Gabriel Valley and westward to the greater Los Angeles area. The majority of the approximately 9 -acre parcel is hillside with slopes containing grades that vary from 3:1 to 2:1. The location of the proposed improvements contains graded pad areas and will extend into slope areas north and west of the existing development. The resulting development will not negatively impact any view corridor of the neighboring properties. Therefore, this proposed residence will not be detrimental to the views of the neighboring properties. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, grading plan, landscape plan, sections, and materials/colors board collectively labeled as Exhibit "A" dated July 6, 2005, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) Prior to any Plan Check submittals, the Applicant shall submit a retaining wall design plan with a decorative finish and cap. (e) M (9) The Applicant shall submit detailed drawings for the gazebo, tennis courts, basketball courts, pools and other site amenities to the Planning Division for review and approval prior to Building Plan Check. The design, materials and colors for the site amenities shall be compatible to the dwelling design. All lighting fixtures for the site, the basketball court, the tennis court, and other site amenities shall be submitted for Planning Division review and approval as to the type, orientation and height, prior to issuance of building permits. Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering 5 divisions) at the established rates, prior to issuance of building or grading permits, whichever comes first and as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of building permits. ENGINEERING/BUILDING AND SAFETY (h) Prior to Grading Plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California shall be submitted for approval by the City. G) Grading Plan shall be prepared by a Civil Engineer, licensed by the State of California, for approval by the City. The Grading Plan shall be prepared in accordance with the City's Requirements for Grading Plan Check requirements. All grading (Cut and fill) calculations shall be submitted to the City concurrently with the grading plan. The Grading Plan shall 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. (k) An erosion control plan shall be submitted and erosion control measures shall be in place for construction starting after October 1st through April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). (I) If required by the City Engineer, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (m) 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. Permission must be obtained from adjacent property owners if proposed drainage flows into their property. (n) The applicant shall submit calculations for the proposed rip -rap on the grading plan. (o) Driveway grades and parking landings shall conform to City Code Section 22.22.100. 6 (p) (q) Finished slopes shall conform to City Code Section 22.22.080 - Grading. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (r) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the home structure. Retaining wall permits may be issued without a rough grade certificate. (s) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division prior the issuance of any project final inspections/certificate of occupancy, respectively. (t) Applicant shall verify that the project site is currently connected to the public sewer system and impacts on the sewage capacity as a result of the proposed structure shall be approved. Applicant shall verify availability to and make application for connection to the sewer with the Los Angeles County Department of Public Works and/or the Sanitation District prior to the issuance of any City construction permit. (u) Applicant shall submit an application to the Walnut Valley Water District for Fire Flow and submit their approval to the Building and Safety Division prior to the issuance of building permits. (v) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (w) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (x) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (Y) The single family structure requires Fire Department approval and is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 1. All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; 7 2. All enclosed under -floor areas shall be constructed as exterior walls; 3. All openings into the attic; floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than '/2 inch in any dimension except where such openings are equipped with sash or door; 4. Chimneys shall have spark arresters of maximum '/2 inch screen. (z) This single family structure shall meet the State Energy Conservation Standards. (aa) Due to the site's topography, applicant shall comply with special design requirements as specified in the 2001 California Building Code, Section 1806.4.2, building setback, top and toe of slopes. (bb) All sleeping rooms shall have windows that comply with egress requirements. (cc) All balconies shall be designed for40 pound per square foot live load. (dd) Hand rails and guardrails shall be designed for 20 -pound load applied laterally at the top of the rail. (ee) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (ff) Application shall provide window and door schedule for Building and Safety plan check. PLANNING DIVISION (gg) A final landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of a Building Permit. The plans shall include trees and shrubs, in addition to those shown on the preliminary landscape plan, to soften the retaining walls at the rear and side yards of the pad. (hh) A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for review and approval, prior to issuance of grading permits. (ii) All slopes shall be irrigated and landscaped per city's requirements and submitted for review and approval prior to issuance of grading permits. 8 Gj) All landscaping/irrigation shall be installed prior to the Planning division's final inspection. Any walls, gates, fountains, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (kk) Provide a landscape buffer that includes trees and shrubs at the north side of the new 4 -car garage. (II) Eliminate the garage door at the north side of the 4 -car garage. (mm) The west side of basketball and tennis courts and the south side of the tennis court shall have landscape buffers for screening the courts. Landscape buffer shall include trees and shrubs. (nn) Decorative railing shall be provided on top of retaining wall along the new driveway and at location determined to be necessary, subject to Planning Division review and approval prior to issuance of grading permits. (oo) The removal of the pepper tree will require a Tree permit subject to replacement ratio of 3 to 1. (pp) The connection between the existing residence and the new addition shall resemble a two story building. (qq) All garage doors shall have the same decorative design with windows. (rr) A color material sample board for the project shall be submitted for Planning Division review and approval. The color shall be of earth tones instead of white stucco. (ss) Window trim shall be provide to all windows (tt) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. The 35 feet includes the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that the height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (uu) The single family residence shall not be used 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 9 not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (vv) The Applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence with One Kitchen" 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 priorto the issuance of a building permit. (ww) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (xx) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval 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. (yy) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of 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 approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees. (zz) 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. 10 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 Randy and Olga Rodriguez, 701 Featherwood Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF JULY 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: McManus, Chairman I, James De—kfano, 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 12th day of July 2005, by the following vote: AYES: Commissioners: Tye, VC/Low, Torn, Chair/McManus. NOES: Commissioners: None. ABSENT: Commissioners: Nolan. ABSTAIN: Commissioners: None. ATTEST: 11