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HomeMy WebLinkAboutPC 2005-40PLANNING COMMISSION RESOLUTION NO. 2005-40 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2005-07 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT AN APPROXIMATE 10,650 GROSS SQUARE FEET THREE-STORY SINGLE FAMILY RESIDENCE WITH BALCONIES, SIX CAR GARAGE, AND SITE RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 2729 STEEPLECHASE LANE (LOT 43, TRACT NO. 30289, APN 8713-018-015) DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Alfred K. and Lin Kuo Yu, and applicant, Andy Wang, filed a Development Review 2005-07 application for a property located at 2729 Steeplecha..sP Lane (Lot 43, Tract No. 302.89, APN 8713- 018-015), 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 November 30, 2005, 62 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted with the public hearing notice. On December 2, 2005, the project's public hearing notification was published in the San Gabriel Valle rLTribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. 3. On December 13, 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 per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 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 site is Assessor Parcel Number 8713-018-015, - - addressed 2729 Steeplechase Lane (Lot 43, Tract 30289), Diamond Bar, California. The project site is approximately .87 gross acres, 37,997 usable square feet, and is a near -rectangular shaped vacant lot between Steeplechase Lane and Diamond Bar Boulevard located within the Country Estates. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single Family Residence, R-1-20,000. (c) To the north, south and east is the R-1-20,000 Zone; to the west is the R-1-7,500 Zone; and single family uses surround the site. (d) The Application is a request to construct an approximate 10,650 gross square feet three-story single family residence with balconies, six car garage, and site retaining wails to a maximum six feet exposed height. 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 vacant project site was established before the July 25, 9995, General Plan adoption. The Application complies with the City's General Plan's elements, objectives, and strategies related to 2 maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (maximum 1 dwelling unit/acre) land use designation. The proposed use is zoned for single family residence at R-1-20,000. The applicant has obtained the approval of the Country Estates Homeowners Association Architectural Committee. 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. Shadow Canyon Drive, Steeplechase Lane, and Wagon Train Lane adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is an undeveloped lot within an existing tract designed for single family homes. The Application's use is a single family residence. The Application is not expected to unreasonably interfere with the use and enjo;iment of neighboring existing or future 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 Application's multi-level roofs, decorative windows, decks, balconies, stucco, and stone add texture and contrast, variety, and low maintenance materials. The Application's Mediterranean architectural design and palette are compatible with other Country Estates homes eclectic architectural style and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The proposed colors, materials, and textures are consistent with and 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 3 Property values or resale(s) of property) to the properties or improvements in the vicinity. The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. ()) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(x). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: GENERAL_ (a) The project shall substantially conform to site plan/preliminary grading/wall plan, floor plans, elevations, sections, roof plan, and landscape plan collectively labeled as Exhibit "A" dated December 13, 2005, as submitted to, amended herein, 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) Prior to the submittals for grading plan check, additional landscaping trees and shrubs are required to soften the height of the rear retaining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for 4 review and approval. The landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any plant material proposed within the front setback shall not exceed a maximum 42 inches height. PUBLIC WORKS (d) Prior to the review of a grading plan, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (e) 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, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department including all grading (cut and fill) calculations submitted to the City concurrently with the grading plan. Finished slopes shall conform to City Code Section 22.22.0$0 -Grading. (f) All easements and flood hazard areas shall be clearly identified on the grading plan. (g) - 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. Details of retaining walls will be reviewed and approved by the Building and Safety Division. (h) Detailed drainage system information of the lot with careful attention to the flood hazard area shall be submitted. 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. (i) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and 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). 5 (j) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Prior to the issuance of Building Permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (1) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. (m) 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. BUILDING AND SAFETY (n) The Applicant shall provide certification from soils and civil engineers that the pad extension is properly compacted and at the proper elevation. (o) The single family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1 } All enclosed under -floor areas shall be constructed as exterior walls; (2) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/ inch nor more than Y2 inch in any dimension except where such openings are equipped with sash or door. (P) The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (q) Driveway slope shall be shown on the plans. (r) Surface water shall drain away from the building at two percent minimum slope. (s) The applicant shall provide temporary sanitation facilities while under construction. D PLANNING {t} This single family structure shall meet the State Energy Conservation Standards. (u) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (v) Smoke detectors shall be provided in all sleeping rooms. (w) Retaining wall calculations and plans shall be submitted to the Building and Safety Division for review and approval. (x) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (y) 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 shall include 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. (z) 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. (aa) Site, driveway grade, and house design shall be approved by the Fire Department. (bb) Each structure shall require a separate building permit (cc) 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. (dd) Stone wainscot shall wrap around the front to the side elevations of the home theater and maid's room wings; the stone pillars at the home theater and maid's room window pop -outs shall be wrapped around the sides of the pop -out; the stucco below the home theater and maid's room window pop -outs shall be revised to stone; and stone shall wrap both sides of the two story entry. 7 (ee) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (ff) The owners shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant shall be recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (gg) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one - (1) dear 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. (hh) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (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 f=ish 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 E:i (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Alfred K. and Lin Kuo Yu, 1330 Red Bluff Lane, Diamond Bar, CA 91765 and Andy Wang, 14658 E. Valley Boulevard, Industry, CA 91746, APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 11�gi 0e McManus, Chairman 1, Nancy Pring, 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 13th day of December 2005, by the following vote: AYES: Commissioners: VIC Low, Lee, Torng, Chair McManus NOES: Commissioner: None ABSENT: Commissioner: Nolan ABSTAIN: Commissioner: None ATTEST: Nancy Fong, cretary D PLANNING COMMISSION RESOLUTION NO. 2005-40 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW 2005-07 AND CATEGORICAL EXEMPTION 15303(a), A REQUEST TO CONSTRUCT AN APPROXIMATE 10,650 GROSS SQUARE FEET THREE-STORY SINGLE FAMILY RESIDENCE WITH BALCONIES, SIX CAR GARAGE, AND SITE RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE IS LOCATED AT 2729 STEEPLECHASE LANE (LOT 43, TRACT NO. 30289, APN 8713-018-015) DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owners, Alfred K. and Lin Kuo Yu, and applicant, Andy Wang, filed a Development Review 2005-07 application for a property located at 2729 Steeplechase Lane (Lot 43, Tract No. 30289, APN 8713- 018-015), 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." On November 30, 2005, 62 property owners within the project's 500 -foot radius were mailed a public hearing notice and three other locations within the application's vicinity were posted with the public hearing notice. On December 2, 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 December 13, 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 per the 1970 California Environmental Quality Act (CEQA), Section 15303(a). 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 site is Assessor Parcel Number 8713-018-015, addressed 2729 Steeplechase Lane (Lot 43, Tract 30289), Diamond Bar, California. The project site is approximately .87 gross acres, 37,997 usable square feet, and is a near -rectangular shaped vacant lot between Steeplechase Lane and Diamond Bar Boulevard located within the Country Estates. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit per acre. The site is zoned Single Family Residence, R-1-20,000. (c) To the north, south and east is the R-1-20,000 Zone; to the west is the R-1-7,500 Zone; and single family uses surround the site. (d) The Application is a request to construct an approximate 10,650 gross square feet three-story single family residence with balconies, six car garage, and site retaining walls to a maximum six feet exposed height. 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 vacant project site was established before the July 25, 1995, General Plan adoption. The Application complies with the City's General Plan's elements, objectives, and strategies related to 2 maintaining the integrity of residential neighborhoods and open space, and the Rural Residential (maximum 1 dwelling unit/acre) land use designation. The proposed use is zoned for single family residence at R-1-20,000. The applicant has obtained the approval of the Country Estates Homeowners Association Architectural Committee. There is no specific or additional community planned development for the site. M (9) 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. Shadow Canyon Drive, Steeplechase Lane, and Wagon Train Lane adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. The project site is an undeveloped lot within an existing tract designed for single family homes. The Application's use is a single family residence. The Application is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future 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 Application's multi-level roofs, decorative windows, decks, balconies, stucco, and stone add texture and contrast, variety, and low maintenance materials. The Application's Mediterranean architectural design and palette are compatible with other Country Estates homes eclectic architectural style and are consistent with the City's General Plan, Municipal Code, and Design Guidelines. There is no specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes within the area while offering variety and low maintenance levels. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on 3 property values or resale(s) of property) to the properties or improvements in the vicinity. a) The Application meets Municipal Code building standards. Structural plan check, City permits and inspections, soils analysis as needed, and Fire Department approval are required for construction. These standards and processes ensure that the finished project will not be detrimental to the public health, safety, welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a recorded Covenant and Agreement is required and runs with the land to maintain a single family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (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: GENERAL (a) The project shall substantially conform to site plan/preliminary grading/wall plan, floor plans, elevations, sections, roof plan, and landscape plan collectively labeled as Exhibit "A" dated December 13, 2005, as submitted to, amended herein, 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) Prior to the submittals for grading plan check, additional landscaping trees and shrubs are required to soften the height of the rear retaining walls from the downhill properties. The revised final landscape plan shall be submitted to the Planning Division for 4 review and approval. The landscaping/irrigation shall be installed prior to the Planning Division's final inspection. Any plant material proposed within the front setback shall not exceed a maximum 42 inches height. PUBLIC WORKS (d) Prior to the review of a grading plan, the applicant shall submit a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, for the City's review and approval. (e) 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, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department including all grading (cut and fill) calculations submitted to the City concurrently with the grading plan. Finished slopes shall conform to City Code Section 22.22.080 -Grading. M (9) All easements and flood hazard areas shall be clearly identified on 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. Details of retaining walls will be reviewed and approved by the Building and Safety Division. (h) Detailed drainage system information of the lot with careful attention to the flood hazard area shall be submitted. 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. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15t and 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). 5 U) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Prior to the issuance of Building Permits, a pre-construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (I) (m) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 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. BUILDING AND SAFETY (n) The Applicant shall provide certification from soils and civil engineers that the pad extension is properly compacted and at the proper elevation. (o) The single family structure requires Fire Department approval and is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) (2) (p) All enclosed under-floor areas shall be constructed as exterior walls; 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 Y2 inch in any dimension except where such openings are equipped with sash or door. The single family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code requirements. (q) Driveway slope shall be shown on the plans. (r) Surface water shall drain away from the building at two percent minimum slope. (s) The applicant shall provide temporary sanitation facilities while under construction. 6 (t) This single family structure shall meet the State Energy Conservation Standards. PLANNING (u) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (v) Smoke detectors shall be provided in all sleeping rooms. (w) Retaining wall calculations and plans shall be submitted to the Building and Safety Division for review and approval. (x) The applicant shall comply with the requirements of City Planning, Building and Safety, Public Works Divisions, and the Fire Department. (Y) 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 shall include the chimneys. At roof sheathing inspection, the Applicant shall have a licensed engineer certify that thz_ height of the residential structure meets this requirement and submit it to the Building and Safety Division for review and approval. (z) 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. (aa) Site, driveway grade, and house design shall be approved by the Fire Department. (bb) Each structure shall require a separate building permit. (cc) 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. (dd) Stone wainscot shall wrap around the front to the side elevations of the home theater and maid's room wings; the stone pillars at the home theater and maid's room window pop -outs shall be wrapped around the sides of the pop -out; the stucco below the home theater and maid's room window pop -outs shall be revised to stone; and stone shall wrap both sides of the two story entry. 7 (ee) The single family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (fif) (99) The owners shall complete, notarize, and record a "Covenant and Agreement to Maintain a Single family Residence" on a City form. The covenant shall be recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one - (1) "ear 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. (hh) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (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 8 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Alfred K. and Lin Kuo Yu, 1330 Red Bluff Lane, Diamond Bar, CA 91765 and Andy Wang, 14658 E. Valley Boulevard, Industry, CA 91746. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: r 71 c 7cc6 —G" C" McManus, Chairman I, Nancy Fdng, 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 13th day of December 2005, by the following vote: AYES: Commissioners: V/C Low, Lee, Torng, Chair McManus NOES: Commissioner: None ABSENT: Commissioner: Nolan ABSTAIN: Commissioner: None ATTEST: 9