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HomeMy WebLinkAboutPC 2006-08PLANNING COMMISSION RESOLUTION NO. 2006-08 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-06 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 7,360 GROSS SQUARE FEET INCLUDING THE THREE CAR GARAGE,'PORTE COCHERE, TERRACES, BALCONIES AND DECK. THE REQUEST ALSO INCLUDES A PLAY COURT, SWIMMING POOLISPA, AND RETAINING WALLS WITH A MAXIMUM EIGHT FEET EXPOSED HEIGHT. THE PROJECT SITE IS 24141 LODGE POLE ROAD (LOT 7, TRACT MAP NO. 30093; APN 8713-043-007), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owners/applicants, Juzer and Farzana Jangbarwala, filed Development Review No. 2006-06 application for a property located at 24141 Lodge Pole Road, 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 February 14, 2006, 22 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted in the application's vicinity. On February 17, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily ulletin newspapers and a public hearing notice display board was posted at the site. 3. On February 28, 2006, 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 Application 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 8713-043-007, addressed 24141 Lodge Pole Road (Lot 7, Tract Map No. 30093), Diamond Bar, California, in the Country Estates gated community. The parcel is an irregularly shaped, 1.12 gross acres vacant lot. The site has street, utility, and sewer easements in the front and a flood hazard area in the rear of the lot. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit pr acre. The site is zoned single-family residence, R-1-40,000. (c) The surrounding zones and uses are: North - RPD -20,000,2U zone and single-family residential uses; south - R-1-40,000 zone and single-family residential uses; east - R-1-40,000 zone and single- family uses and the San Bernardino County Line; and west - R-1- 40,000 zone and single-family residential uses. (d) The Application requests to construct a three-story single-family residence of approximately 7,360 gross square feet including the three car garage, porte cochere, terraces, balconies and deck. The request also includes a play court, swimming pool/spa, and retaining walls a maximum eight 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). 2 The single-family project site, a 48, 787 (1.12 acres) gross square feet vacant lot, was approved with the subdivision of Tract 30093 prior to the City's incorporation. Although the Tract was established prior to the General Plan's adoption, it complies with its land use designation of RR -Maximum 1 DU/AC. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space. The site is zoned for single-family residence at R-1-40,000. 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. The Application is an infill development in an area of high-end single- family residences and is consistent with other single-family residences in the Country Estates. The Application meets the current Diamond Bar Municipal Code standards and is not expected to interfere with the use and enjoyment of neighboring existing or future development. Lodge Pole Road adequately serves the project site and was established to handle minimum traffic created by this type of development. T1 is street and the other streets in the Country Estates are private streets managed and maintained by the homeowners association in this gated community, (g) 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, the City's General Plan, City Design Guidelines, or any applicable specific plan. The Application's Tuscan architectural style, mixed earth tone colors, and textures add contrast, variety, and low maintenance levels. The design is integrated into the site's topography and uses creative varying planes and elevation heights/levels that are consistent and compatible with the eclectic architectural style, materials and colors of other homes in the Country Estates. The Application is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. 3 (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 and will retain a reasonably adequate level of maintenance. The proposed colors, materials, and textures are consistent with and complimentary to the existing homes in the area while offering variety and low maintenance levels. The Application's design uses the existing site topography with minimal grading and the retaining walls create the pads for the residential structure and recreation area in the rear portion of the lot are required. The retaining walls in the front yard will be viewed by the residents of the proposed single-family structure. The proposed retaining walls are consistent with the other properties in the Country Estates. (i) 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. 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 are required and run with the land to: 1) maintain a single family residence; and 2) to permit construction of sanitary sewer. (j} 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; 4 GENERAL (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, sections, grading plan, landscape plan, and materials/colors board collectively labeled as Exhibit "A" dated February 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. (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 in the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements. ENGINEERING/PUBLIC WORKS (d) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise 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) Finish surface and finished grade; (5) Retaining wall 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. (e) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. (f) Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. 5 (g) Before the issuance of any city permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (h) The driveway slope shall not exceed 15 percent and shall be approved by the Fire Department. (i) Prior to the issuance of any City permits, the applicant shall submit the proposed septic system to Los Angeles County Health Department Engineering Division, the State Regional Water Quality Control Board, and the City's Building and Safety Division for review and approval. (j) Prior to the issuance of any City permits, the property owner shall sign, notarize and record a covenant and agreement with the City to commit and not protest the formation of a sanitary sewer district and agree to pump/empty the septic tank at a minimum on a monthly basis. The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (k) Applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (1) Prior to the issuance of any City permits, the applicant shall provide adequate drainage facilities protective walls, suitable fill, raising the floor level or the combination of these methods for structures constructed in the flood hazard area. Additionally, the applicant shall provide a hydrology/hydraulic analysis with the precise plan for the City's review and approval. BUILDING & SAFETY (m) The proposed residence shall comply with the State Energy Conservation Standards. (n) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (o) The proposed single-family residence is located in "high hazard fire zone" and shall meet all requirements of said zone including that all openings into the attic, floor and/or other enclosed areas shall be FV covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 112 inch in dimension except where such openings are equipped with sash or door. (p) Plans shall conform to the provisions of the 2001 California Building Code. Specify group occupancy, type of construction and sprinkler system requirements. (q) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (r) Plans shall indicate '/ inch slope for all decks and balconies with approved water proofing material. Plans shall indicate guardrail connection details (height, spacing, etc.). (s) Applicant shall delineate adjacent slopes on the plans. Building setbacks shall be in compliance with Chapter 18 of the 2001 California Building Code. (t) All sleeping rooms shall have windows that comply with egress requirements. (u) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (v) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. PLANNING (w) Sports court lighting shall conform to Development Code Section 22.16.050 and sport court's fencing shall conform to 22.42.110. (x) Retaining walls in the 30 -foot front yard setback shall not exceed 42 inches exposed height except for the courtyard walls that protect a cut below the natural grade. Retaining walls on the sides and the rear of the pad shall not exceed eight (8) feet exposed height. (y) Walls shall be decorative materials, slump stone, split -face block or stucco to match structure. (z) All landscaping/irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. 7 (aa) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County's Recorder's office prior to the issuance of a building permit. (bb) Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (cc) Maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance may require a height survey at framing completion. (dd) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have fired, within fifteen 0 5},days of this approval, at the City of Diamond Bar Community Development 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. (ee) 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 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} This approval is valid for two (2) years and shall be exercised (i.e., construction) in 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 Development Code. E:3 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 Juzer and Farzana Jangbarwala, 14451 Autumn Hill Lane, Chino Hills, CA 91709. APPROVED AND ADOPTED THIS 28th DAY OF FEBRUARY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: R th M. Low, Vice Chairman 1, Nancy Fong, 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 28th day of February 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nolar,s Terms .Lee; VC/Lora Nome Chair McManus E PLANNING COMMISSION RESOLUTION NO. 2006-08 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-06 AND CATEGORICAL EXEMPTION, A REQUEST TO CONSTRUCT A THREE-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 7,360 GROSS SQUARE FEET INCLUDING THE THREE CAR GARAGE,'PORTE COCHERE, TERRACES, BALCONIES AND DECK. THE REQUEST ALSO INCLUDES A PLAY COURT, SWIMMING POOL/SPA, AND RETAINING WALLS WITH A MAXIMUM EIGHT FEET EXPOSED HEIGHT. THE PROJECT SITE IS 24141 LODGE POLE ROAD (LOT 7, TRACT MAP NO. 30093; APN 8713-043-007), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owners/applicants, Juzer and Farzana Jangbarwala, filed Development Review No. 2006-06 application for a property located at 24141 Lodge Pole Road, 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 February 14, 2006, 22 property owners within a 500 -foot radius of the project site were notified by mail and three other locations were posted in the application's vicinity. On February 17, 2006, 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 February 28, 2006, 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 Application 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 8713-043-007, addressed 24141 Lodge Pole Road (Lot 7, Tract Map No. 30093), Diamond Bar, California, in the Country Estates gated community. The parcel is an irregularly shaped, 1.12 gross acres vacant lot. The site has street, utility, and sewer easements in the front and a flood hazard area in the rear of the lot. (b) The General Plan Land Use designation is Rural Residential (RR), maximum one dwelling unit pr acre. The site is zoned single-family residence, R-1-40,000. (c) The surrounding zones and uses are: North - RPD -20,000,2U zone and single-family residential uses; south - R-1-40,000 zone and single-family residential uses; east - R-1-40,000 zone and single- family uses and the San Bernardino County Line; and west - R-1- 40,000 zone and single-family residential uses. (d) The Application requests to construct a three-story single-family residence of approximately 7,360 gross square feet including the three car garage, porte cochere, terraces, balconies and deck. The request also includes a play court, swimming pool/spa, and retaining walls a maximum eight 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). 2 The single-family project site, a 48,787 (1.12 acres) gross square feet vacant lot, was approved with the subdivision of Tract 30093 prior to the City's incorporation. Although the Tract was established prior to the General Plan's adoption, it complies with its land use designation of RR -Maximum I DU/AC. The Application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space. The site is zoned for single-family residence at R-1-40,000. 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. (0 (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. The Application is an infill development in an area of high-end single- family residences and is consistent with other single-family residences in the Country Estates. The Application meets the current Diamond Bar Municipal Code standards and is not expected to interfere with the use and enjoyment of neighboring existing or future development. Lodge Pole Road adequately serves the project site and was established to handle minimum traffic created by this type of development. This street and the other streets in the Country Estates are private streets managed and maintained by the homeowners association in this gated community. 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, the City's General Plan, City Design Guidelines, or any applicable specific plan. The Application's Tuscan architectural style, mixed earth tone colors, and textures add contrast, variety, and low maintenance levels. The design is integrated into the site's topography and uses creative varying planes and elevation heights/levels that are consistent and compatible with the eclectic architectural style, materials and colors of other homes in the Country Estates. The Application is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, and City Design Guidelines. Additionally, there is not a specific plan for this area. 3 (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 and will retain a reasonably adequate level of maintenance. U) The proposed colors, materials, and textures are consistent with and complimentary to the existing homes in the area while offering variety and low maintenance levels. The Application's design uses the existing site topography with minimal grading and the retaining walls create the pads for the residential structure and recreation area in the rear portion of the lot are required. The retaining walls in the front yard will be viewed by the residents of the proposed single-family structure. The proposed retaining walls are consistent with the other properties in the Country Estates. 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. 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 are required and run with the land to: 1) maintain a single family residence; and 2) to permit construction of sanitary sewer. 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: 4 GENERAL (a) The project shall substantially conform to site plan, floor plans, elevations, roof plan, sections, grading plan, landscape plan, and materials/colors board collectively labeled as Exhibit "A" dated February 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. (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 in the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to construction, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements. ENGINEERING/PUBLIC WORKS (d) Prior to the issuance of any City permits, the applicant shall submit a precise grading plan, prepared by a civil engineer, licensed by the State of California, in accordance with the City's grading requirements for the City's review and approval. The precise grading plan shall delineate the following: (1) (2) (3) (4) (5) Cut and fill quantities with calculations; Existing and proposed topography; Flow lines and drainage/drainage outlets; Finish surface and finished grade; Retaining wall 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. (e) Prior to the issuance of any City permits, the applicant shall submit a geotechnical report for the City's review and approval. The geotechnical report shall reference the stability of the retaining walls to withstand pressure of the retained soils. M Applicant shall obtain a Rough Grade and Fine Grade Certification prior to the project's final inspection. 5 (9) Before the issuance of any city permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (h) The driveway slope shall not exceed 15 percent and shall be approved by the Fire Department. (I) U) Prior to the issuance of any City permits, the applicant shall submit the proposed septic system to Los Angeles County Health Department Engineering Division, the State Regional Water Quality Control Board, and the City's Building and Safety Division for review and approval. Prior to the issuance of any City permits, the property owner shall sign, notarize and record a covenant and agreement with the City to commit and not protest the formation of a sanitary sewer district and agree to pump/empty the septic tank at a minimum on a monthly basis. The applicant shall make a new application for sewer connection with the Los Angeles County Department of Public Works and the Sanitation District. (k) Applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (I) Prior to the issuance of any City permits, the applicant shall provide adequate drainage facilities protective walls, suitable fill, raising the floor level or the combination of these methods for structures constructed in the flood hazard area. Additionally, the applicant shall provide a hydrology/hydraulic analysis with the precise plan for the City's review and approval. BUILDING & SAFETY (m) The proposed residence shall comply with the State Energy Conservation Standards. (n) Surface water shall drain away from the proposed residence at a two - percent minimum slope. (o) The proposed single-family residence is located in "high hazard fire zone" and shall meet all requirements of said zone including that 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. (p) (q) Plans shall conform to the provisions of the 2001 California Building Code. Specify group occupancy, type of construction and sprinkler system requirements. Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (r) Plans shall indicate '/4 inch slope for all decks and balconies with approved water proofing material. Plans shall indicate guardrail connection details (height, spacing, etc.). (s) Applicant shall delineate adjacent slopes on the plans. Building setbacks shall be in compliance with Chapter 18 of the 2001 California Building Code. (t) All sleeping rooms shall have windows that comply with egress requirements. (u) Smoke detectors shall be provided in conformance with the 2001 California Building Code. (v) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. PLANNING (w) Sports court lighting shall conform to Development Code Section 22.16.050 and sport court's fencing shall conform to 22.42.110. (x) Retaining walls in the 30 -foot front yard setback shall not exceed 42 inches exposed height except for the courtyard walls that protect a cut below the natural grade. Retaining walls on the sides and the rear of the pad shall not exceed eight (8) feet exposed height. (Y) (z) Walls shall be decorative materials, slump stone, split -face block or stucco to match structure. All landscaping/irrigation shall be installed prior to the project's final inspection or Certificate of Occupancy issuance. 7 (aa) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single-family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County's Recorder's office prior to the issuance of a building permit. (bb) Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (cc) Maximum height of the structure shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. Evidence of compliance may require a height survey at framing completion. (dd) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have fired, within fifteen (15) -days of this approval, at the City of Diamond Bar Community Development 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. (ee) 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 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) This approval is valid for two (2) years and shall be exercised (i.e., construction) in 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 Development Code. 8 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 Juzer and Farzana Jangbarwala, 14451 Autumn Hill Lane, Chino Hills, CA 91709. APPROVED AND ADOPTED THIS 28th DAY OF FEBRUARY 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Nancy Fong, 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 28th day of February 2006, by the following vote: AYES: Commissioner: Nolan; Torng; Lee; VC/Low NOES: Commissioner: None ABSENT: Commissioner: chair McManus ABSTAIN: Commissioner: None ATTEST: