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HomeMy WebLinkAboutPC 2000-06PLANNING COMMISSION RESOLUTION NO. 2000-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-02, A REQUEST FOR ARCHITECTURAL DESIGN REVIEW OF 127- -SINGLE FAMILY HOMES WITHIN APPROVED VESTING TENTATIVE TRACT MAP NO. 52267. ADDITIONALLY, THE REQUEST INCLUDES THE MAIN ENTRY AND LANDSCAPING, PERIMERTER FENCING AND WALLS. THE PROJECT SITE IS LOCATED AT THE 700 BLOCK OF DIAMOND BAR BOULEVARD (EAST SIDE OF DIAMOND BAR BOULEVARD AT TIN DRIVE), DIAMOND BAR, CA 91765. A. RECITALS 1. The property owner/applicant, Pulte Home Corporation, has filed an application for Development Review No. 2000-02, for a property located at the 700 Block of Diamond Bar Boulevard (east side of Diamond Bar Boulevard at - Tin Drive), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. 2. This Application request is controlled by Conditional Use Permit No. 98-03 and Oak Tree Permit No. 98-01 for Vesting Tentative Tract Map No. 52267 which was approved by the City Council on October 6, 1998. Subsequently, the Final Tract- Map No. 52267 was approved by the City Council on February 18, 2000, and recorded thereafter. Hereinafter in this Resolution, .the subject Development Review is referred to as the "Application." 3. On April 14, 2000, the following actions took place. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; public hearing notices were mailed to 940 property owners of record within a 1,000 -foot radius of the project; the project site was posted with a display board; and three other sites were posted within the vicinity of this application. 4.0n April 25, 2000, The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. The public hearing was opened and public comments were received. The Application was continued to May 9, 2000, and concluded on May 9, 2000. 1 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth -in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the ,previously certified Environmental Impact Report No. 97-2 for Vesting Tentative Tract Map No. 52267 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environmental review is required. 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 the 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 wild life 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 previously approved Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-03, and Oak Tree Permit No. 98-01, on approximately 65 acres. The subdivision approvals included 127 lots with graded buildable pads, and the Homeowner Association's Open Space slopes and mitigation monitoring area. (b) The project site has a General Plan land use designation of Planning Area 2/Specific Plan Overlay. IPA q, (c) The project site is`"'"zoned Residential Planned -- Development -Minimum Lot Size -20,000 square feet 2 Units Per Acre(RPD- 20,000-2U). (d) .-Generally, the following zones and uses surround the project site: to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000) and the RPD -20,000-2U Zone; and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. (e) The project involves architectural design review of 127 two story single family homes within a gated community identified as "Diamond Hills". There are six floor plans ranging from approximately 3,366 square feet to 7,135 square feet, with two and three car garages and additional floor plan options. Product Type I designed by HOVE Associates, which includes the larger models is identified as "Diamond Hills Classics". Product Type II designed by Mark Gross Associates, which includes the smaller models is identified as "Diamond Hills Estates". Each floor plan has three architectural styles including Mediterranean, Spanish, French Country, Monterey, bP„ and Contemporary. Additionally, the design review includes the main entry and landscaping, perimeter fencing and walls. (f) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The proposed project implements the conditions required in the previously approved Conditional Use Permit No. 98-03, and Oak Tree Permit No. 98-01 for Vesting Tentative Tract No. 52267. The proposed project complies with the setbacks including minimum 20 foot front yard setbacks, 15 foot distance between dwelling units, minimum 20 foot rear yard setbacks and minimum 30 foot rear yard setbacks for perimeter lots. The proposed project also complies - with the maximum building height of two stories and 35 feet, staggered placement of building footprints, and perimeter fencing, which allows for view, quality aesthetic appeal, and wildlife access. 3 The proposed project complies also with the City's General Plan objectives and strategies specifically related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project meets the intent of the City's Design Guidelines and is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. , The Applicant proposed the colors and model type of each single family residence will vary to add visual interest so that no two single family residences located next to one another or directly across the street will look the same. As a result, the proposed colors and model types utilized are compatible with the variation of surrounding homes in adjacent neighborhoods. - (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. Diamond Bar Boulevard adequately serves the project site. Moreover, Environmental Impact Report N No. 97-2 for Vesting Tentative Tract Map No. 52267, i- certified by the City on October 6, 1998, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance. the harmonious, orderly, and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. As mentioned in Item (f), the proposed project meets the goals and objectives contemplated in the City's General Plan and development standards for Tract No. 52267, for harmonious, orderly, and attractive development. Staff has considered the surrounding character including harmonious building style, form, size, color, material and roofline. Staff has also considered the design of the project's main entry/emergency secondary access and landscaping, perimeter fencing, and walls to compliment the style of the proposed single family residences. Therefore, the proposed project's architectural design is compatible with the eclectic architectural style of other homes within adjacent areas. 4 M J L �fH �� ._xI.,.�_ gni 1A 1h Additionally, the proposed colors and materials blend with the natural environment by utilizing an earthtone palette of colors. Bright and/or reflective colors and materials are avoided. Moreover, the colors utilized for each single family residence will vary to add visual interest so that no two single family residences located next to one another or directly across the street will look the same. As a result, the proposed colors and materials utilized are compatible with the variation of surrounding homes in adjacent neighborhoods. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. Project colors/materials boards were submitted to the City. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low level of maintenance. Each product design will also have six different color schemes for application to each architectural style to provide a semi -customized design feel. The exterior wall material will consist of earth tones as shown on the submitted materials/colors boards including off-white, light and dark beige, gray, and sandstone colored stucco. There is a selection of El Dorado stone veneer accents including Bordeaux country rubble, Chateau country rubble, Serrano country rubble, and Tuscany country rubble. The colors utilized for trim, fascia, shutters, wrought iron, and doors as well as accent colors are varying shades of earth tones, grays, browns, greens and blues as shown on the submitted materials/colors board. The roof material consists of Flat Slate Tile and Low Profile "S" tile in shades of complimentary earth tone colors. Furthermore, the use of stone accents, shutters, balconies, and wrought iron will enhance and support the individual design schemes and create a semi - custom feel to the proposed project, while being consistent with the character of adjacent -m neighborhoods. Therefore, the design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors. Therefore, the design of the 5 _._.._._-._.._n.-177117H i .- -. —_ 5 proposed development will provide a desirable environment for its occupants and visiting public. (j) The proposed development 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division and Public Works Division requirements. As a result, it is not anticipated that the proposed project will be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 97-2 for approved Vesting Tentative Tract Map No. 52267. Therefore, no further environmental review is required. Based on the findings and conclusions set forth above the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, entry and landscape plan, fencing and wall plans, materials/colors boards, collectively labeled as Exhibit "A" and dated May 9, 2000, as submitted, 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 duly permitted waste 6 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall submit to the Planning Division/Public Works Division for review and approval administrative Yard Modification and/or Lot Line Adjustment applications' on those lots as required to meet the setback requirements as measured from the buildable pad/property line before the issuance of building permits. (d) The applicant shall obtain a grading permit for any lot with cut and fill quantities of 50 cubic yards or greater to be submitted for review and approval by the Public Works Division. On each lot's grading plan, the following shall be delineated: (1) Cut and fill quantities and calculations; (2) All flow lines, finished surfaces, and finished grades; (3) Proper drainage with detailed sketches; (4) All easements and restrictions on the precise grading plan. Permanent structures shall not be built over any easement; and (5) Location of all retaining walls, also noting top of wall, top of footing, and finished surfaces. (e) Retaining walls shall be designed to create a larger side yard area between structures to allow for pedestrian access. The Director may approve wall heights to a maximum exposed height of seven feet in these areas of varying topography. The walls shall be decorative to be consistent with the design of the single family residences and reviewed and approved by the Public Works Division. Regardless of the height of the retaining wall, an open-work, non -view obscuring fence may be erected at the top of the retaining wall for safety protection to a t maximum height of 42 inches. (f) The applicant shall submit a precise site plan that indicates revisions to the placement of the proposed building foots, architectural style/elevation, and 7 colors to be reviewed and approved by the City's Planning Division prior to the issuance of any retaining wall or building permits. The building ,II,i;�� foot prints shall be placed on the lots so that theti;k;, single family residences are offset and have varying front/rear yard setbacks. (g) Prior to the issuance of any building permits, the applicant shall submit a site plan, which delineates all street addresses including the model homes for the City's review and approval. (h) Driveway slopes shall not exceed 15 percent. (i) Prior to the Building and Safety Division's final inspection, fine -grading certifications shall be provided to the City. (j) Prior to construction commencement, the applicant shall submit a phasing plan delineating the quantity, location, and schedule for construction of the 127 single family residences. (k) Building setbacks shall meet the requirements listed in Chapter 18 of the California Building Code. The setback measurement from the of toe slope shall be calculated by H/2, but shall not exceed 15 feet and setback measurement from the top of slope shall be calculated by H/3, but shall not exceed 40 feet. (1) The single family structure shall meet the State and Local Building Codes (i.e., 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and Fire Department requirements. (m) The minimum design wind pressure shall be 80 miles per hour and "CO exposure. (n) The single family structure is located in "Fire Zone 4" and shall meet all requirements of the following requirements: (1) All roof coverings shall be "Fire Retardant". Tile roofs shall be fire stopped at the eaves to preclude entry of the flame to members; (2) All unenclosed under floor areas shall be r constructed as exterior walls; (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion 8 resistant wire medh' not less than 1/a inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arrestors of maximum % inch screen. (o) -This single family structure shall meet the State Energy Conservation Standards. (p) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (q) All plans shall be reviewed and approved by the Fire Department. (r) Pools, spas, gazebos, decks and all other accessory structures shall require separate permits. (s) Fences, walls, and all other structures located within the front yard setback shall not exceed 42" in height. (t) Prior to the issuance of the Certificate of Occupancy, the applicant shall submit to the City written evidence indicating the buyer's receipt of the "Buyer's Awareness Package" as required by the Planning Division. (u) The applicant- shall amend the Diamond Hills Conditions, Covenants, and Restrictions (CC&R's) and Buyer's Awareness Package to indicate the following: (1) Residents shall be required to prioritize their use of available parking in the following -order: 1) garage parking, 2) driveway parking, 3) street parking and submit a copy to the City for review and approval prior to recordation by the Los Angeles County Recorder. (2) The floor plan layout for each house on Lot Nos. 35, 38, 42, 49, 50, 51, 64, 82, 84, 86, 90, 92, and 94 contain no more than five bedrooms. (3) The CCR's shall reflect that there shall be no garage conversions permitted at a future date for all lots. 9 (4) The homebuyer shall responsibly conform to City landscape requirements. The City Development Code requires that all setbacks be landscaped (from the area of site between the street curb and the front of the residential structure form side property line to side property line) except where the setback is occupied by an existing sidewalk or driveway and that the landscaping shall include trees, shrubs, ground cover, and turf. Alterations to the amount of landscape area shall be reviewed and approved by the Planning Division. (v) The applicant shall modify the proposed design plans -for the HOVE III and MGA plan III to provide a standard three car garage for all single family residences except for the residences located on the lots listed in condition (w). No garage unit(s) of any plan shall incorporate tandem garage. (w) Lot Nos. 35, 38, 42, 49, 50, 51, 64, 82, 84, 86, 90, 92, and 94 shall be permitted to have a two -car garage with driveway grades not" to exceed 15 percent. (x) The Applicant shall submit floor plans to the City for each house located on Lot Nos. 35, 38, 42, 49, 50, 51, 64, 82, 84, 86, 90, 92, and 94. The plans shall indicate the floor plans contain no more than five bedrooms for each house. (y) The Applicant shall revise the. -landscaping/ irrigation plans to indicate the following: (1) The front yard landscaping/ irrigation for each house shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy's issuance. (2) The entry street trees shall be increased in size to minimum 36" box trees. (3) The conceptual entry landscape plan and the mitigation landscape plan for Tract No. 52267 shall be coordinated with one another to ensure compatibility between plant species. (z) The applicant shall comply with the Planning, Building and Safety, and Public Works Divisions' and Fire Department requirements. 10 ---i- -__i_�-_—�.ri. o..nin.�-.-.•wrvm��u+.i�ni.�wi.i.M amxw-.-Tw.i ..�-m'.`�yj4 4'si�t- bd `� LF�IM �40.i�bui nrnlvawM.�I�IWwiUM,yildtliMw�W,w� L_, 4-'`+ (aa) The Applicant shall submit to the Planning Commission for review and approval the type, details for installation, and precise locations of the access gates for primary (Tin Drive) and emergency secondary (Highcrest Drive) access. The emergency secondary access gate shall be designed architecturally consistent with the decorative nature of the main entry gate design. (bb) Within 10 days of this approval, the applicant shall submit a plan, which indicates relocation of the construction vehicles, equipment, food service vehicles, and other construction related activities for the City's review and approval. The applicant shall complete the relocation plan within 20 days of said approval. (cc) The Grant Deed shall reflect that there shall be no garage conversions permitted at a future date for all lots. (dd) This grant is valid for two years and shall be exercised within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager may consider the extension request at duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (ee) This grant 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 of and agree to accept all the conditions of this grant. Furthermore, this grant shall not be effective until the permittee pays the remaining City processing fees. (ff) 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 11 project is not exempt from a filing fee imposed because the project has more than a deminimus impact on fish and wildlife, the applicant shall also pay O to the Department of Fish and Game any such fee and any fine which the Department 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: Scott Wright, Pulte Home Corporation, 18401 Von Karman, Suite 200, Irvine, CA 92612. APPROVED AND ADOPTED THIS 9" DAY OF MAY 2000, BY THEPLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: i Steve Nelson, Chairman I, James DeStefano, Deputy City Manager, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of May 2000, by the following vote: ' AYES: Commissioner Ruzicka, VC/Zirbes, Commissioners Kuo, Tye, Chair/Nelson NOES: ABSENT: ABSTAIN: BY: James DeStefan®, Secretary �j 12 OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-02, A REQUEST FOR ARCHITECTURAL DESIGN REVIEW OF 127 -SINGLE FAMILY HOMES WITHIN APPROVED VESTING TENTATIVE TRACT MAP NO. 52267. PLANNING COMMISSION RESOLUTION NO. 2000-06 ADDITIONALLY, THE REQUEST INCLUDES THE MAIN A RESOLUTION OF THE PLANNING COMMISSION ENTRY AND LANDSCAPING, PERIMERTER FENCING AND WALLS. THE PROJECT SITE IS LOCATED AT THE 700 BLOCK OF DIAMOND BAR BOULEVARD (EAST SIDE OF 1.The property owner/applicant, Pulte Home Corporation, has filed an application for Development Review No. 2000-02, for a property located at the 700 Block of Diamond Bar Boulevard - (east side of Diamond Bar Boulevard at Tin Drive), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. 2.This Application request is controlled by Conditional Use Permit No. 98-03 and Oak Tree Permit No. 98-01 for Vesting Tentative Tract Map No. 52267 which was approved by the City Council on October 6, 1998. Subsequently, the Final Tract Map No. 52267 was approved by the City Council on February 18, 2000, and recorded thereafter. Hereinafter in this Resolution, the subject Development Review is referred to as the "Application.ff DIAMOND BAR BOULEVARD AT TIN' I DRIVE) , 3. On April 14, 2000, the following actions took place: Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; public hearing notices were mailed to 940 property owners of record within a 1,000 -foot radius of the project; the project site was posted with a display board; and three other sites were posted within the vicinity of this application. DIAMOND BAR, CA 91765. 4.On April 25, 2000, The Planning Commission of the City Diamond Bar conducted a duly of noticed public hearing the Application. The public hearing was opened on an public comments were received. The Application continued to May 9, 2000, and d B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth -in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously certified Environmental Impact Report No. 97-2 for Vesting Tentative Tract Map No. 52267 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated - thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environmental review is required. 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 the 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 wild life 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 previously approved Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-03, and Oak Tree Permit No. 98-01, on approximately 65 acres. The subdivision approvals included 127 lots with graded buildable pads, and the Homeowner Association's Open Space slopes and mitigation monitoring area. (b) The project site has a General Plan land use designation of Planning Area 2/Specific Plan Overlay. (c) The project site is""'—zbned Residential Planned Development -Minimum Lot Size -20,000 square feet 2 Units Per Acre(RPD- 20,000-2U). (d) -Gen-erally', the following zones and uses surround the project site: -to the north and east is the RPD -20,000-2U Zone; to the south is the Single Family Residence -Minimum Lot Size 40,000 Square Feet -(R-1-40,000) and the RPD -20,000-2U Zone; and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1- 8,000) Zone. (e) The project involves architectural design review of 127 two story single family homes within a gated community identified as "Diamond Hills". There are six floor plans ranging from approximately 3,366 square feet to 7,135 square feet, with two and three car garages and additional floor plan options. Product Type I designed by HOVE Associates, which includes the larger models is identified as "Diamond Hills Classics". Product Type 11 designed by Mark Gross Associates, which includes the smaller models is identified as "Diamond Hills Estatesff. Each floor plan has three architectural styles including Mediterranean, Spanish, French Country, Monterey, and Contemporary. Additionally, the design review includes the main entry and landscaping, perimeter fencing and walls. (f) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The proposed project implements the conditions required in the previously approved Conditional Use Permit No. 98-03, and Oak Tree Permit No. 98-01 for Vesting Tentative Tract No. 52267. The proposed project complies with the setbacks including minimum 20 foot front yard setbacks, 15 foot distance between dwelling units, minimum 20 foot rear yard -setbacks and minimum 30 foot rear yard setbacks for perimeter lots. The pro -posed project also complies with the maximum building height of two stories and 35 feet, staggered placement of building footprints,and - perimeter fencing, which- allow's for view, quality aesthetic appeal, and wildlife access. The proposed project complies also with the City's General Plan objectives and strategies specifically related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project meets the intent of the City's Design Guidelines and is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. , The Applicant proposed the colors and model type of each single family residence will vary to add visual interest so that no two single family residences located next to one another or directly across the street will look the same. As a result, the proposed colors and model types utilized are compatible with the variation of surrounding homes in adjacent neighborhoods. (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. Diamond Bar Boulevard adequately serves the project site. Moreover, Environmental Impact Report No. 97-2 for Vesting Tentative Tract Map No. 52267, certified by the City on October 6, 1998, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and wills maintain and enhance, the harmonious, orderly, and attractive , development contemplated by this Chapter, the General Plan, or any applicable specific plan. As mentioned in Item (f), the proposed project meets the goals and objectives contemplated in the City's General Plan and development standards for Tract No. 52267, for harmonious, orderly, and attractive development. Staff has considered the surrounding character including harmonious building style, form, size, color, material and roofline. Staff has also considered the design of the project's main entry/emergency secondary access and landscaping, perimeter fencing, and walls to compliment the style of the proposed single family residences. Therefore, the proposed project's architectural design is compatible with the eclectic architectural style of other homes within adjacent areas. Additionally, the proposed colors and materials blend with the natural environment by utilizing an earthtone palette of colors. Bright and/or reflective colors and materials are avoided. Moreover, the colors utilized for each single family residence' will vary to add visual interest so that no two single family residences located next to one another or directly across the street will look the same. As a result, the proposed colors and materials utilized are compatible with the variation of surrounding homes in adjacent neighborhoods. 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, and will remain aesthetically appealing. Project colors/materials boards were submitted to the City. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low level of maintenance. Each product design will also have six different color schemes for application to each architectural style to provide a semi - customized design feel. The exterior wall material will consist of earth - tones as shown on the submitted materials/colors boards including off-white, light and dark beige, gray, and sandstone colored stucco. There is a selection of EI Dorado stone veneer accents including Bordeaux country rubble, Chateau country rubble, Serrano country rubble, and Tuscany country rubble. The colors utilized for trim, fascia, shutters, wrought iron, and doors as well as accent colors are varying shades of earth tones, grays, browns, greens and blues as shown on the submitted materials/colors board. The roof material consists of Flat Slate Tile and Low Profile "S" tile in shades of complimentary earth tone colors. Furthermore, the use of stone accents, shutters, balconies, and wrought iron will enhance and support the individual design schemes and create a semicustom feel to the proposed project, while being consist-ent with the character of adjacent neighborhoods. Therefore, the design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors. Therefore, the design of the -17M proposed de„--elopment will provide a desirable environment for its occupants and visiting public. Q) The proposed development 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division and Public Works Division requirements. As a result, it is not anticipated that the proposed project will be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 97-2 for approved Vesting Tentative Tract Map No. 52267. Therefore, no further environmental review is required. 5. Based on the findings and conclusions set forth above the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, entry and landscape plan, fencing and wall plans, materials/colors boards, collectively labeled as Exhibit "A” and dated May 9, 2000, as submitted, 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 duly permitted waste 6 Lt -A, 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall submit to the Planning Division/Public Works Division for review and approval administrative Yard Modification and/or Lot Line Adjustment applications' on those lots as required to meet the setback requirements as measured from the buildable pad/property line before the issuance of building permits. (d) The applicant shall obtain a grading permit for any lot with cut and fill quantities of 50 cubic yards or greater to be submitted for review and approval by the Public Works Division. on each lot's grading plan, the following shall be delineated: (1) Cut and fill quantities and calculations; (2) All flow lines, finished surfaces, and finished grades; (3) Proper drainage with detailed sketches; (4) All easements and restrictions on the precise grading plan. Permanent structures shall not be built over any easement; and (5) Location of all retaining walls, also noting top of wall, top of footing, and finished surfaces. (e) Retaining walls shall be designed to create a larger side yard area between structures to allow for pedestrian access. The Director may approve wall heights to a maximum exposed height of seven feet in these areas of varying topography. The walls shall be decorative to be consistent with the design of the single family residences and reviewed and approved by the Public Works Division. Regardless .of the height of the retaining wall, an open-work, non -view obscuring fence may be erected at the top of the retaining wall for safety protection to a maximum height of 42 inches. (f) The applicant shall submit a precise site plan that indicates revisions to the placement of the proposed building foots, architectural style/elevation, and 7 colors to be reviewed and approved by the City's Planning Division prior to the issuance of any retaining wall or building permits. The building f oot prints shall be placed on the lots so that the single family residences are offset and have varying front/rear yard setbacks. (g) Prior to the issuance of any building permits, the applicant shall submit a site plan, which delineates all street addresses including the model homes for the City's review and approval. (h) Driveway slopes shall not exceed 15 percent. (i) Prior to the Building and Safety Division's final inspection, fine -grading certifications shall be provided to the City. Q) Prior to construction commencement, the applicant shall submit a phasing plan delineating the quantity, location, and schedule for construction of the 127 single family residences. (k) Building setbacks shall meet the requirements listed in Chapter 18 of the California Building Code. The setback measurement from the of toe slope shall be calculated by H/2, but shall not exceed 15 feet and setback measurement from the top of slope shall be calculated by H/3, but shall not exceed 40 feet. (1) The single family structure shall meet the State and Local Building Codes (i.e., 1998 California Building. Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and Fire Department requirements. (m) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (n) The single family structure is located in "Fire Zone 4" and shall meet all requirements of the following requirements: (1) All roof coverings shall be "Fire Retardant". Tile roofs shall be fire stopped at the eaves to preclude entry of the flame to members; (2) All unenclosed under floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion 8 7'71":11 117JM-1 I I rT resistant wire r—e4ff not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (o) This single family structure shall meet the State Conservation Standards. (p) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (q) All plans shall be reviewed and approved by the Fire Department. (r) Pools, spas, gazebos, decks and all other accessory structures shall require (s) Fences, walls, and all other structures located within the front yard setback shall not exceed 421, in height. (t) Prior to the issuance of the Certificate of Occupancy, the applicant shall submit to the City written evidence indicating the buyer's receipt of the "Buyer's Awareness Package" as required by the Planning Division. (u) The applicant, shall amend the Diamond Hills Conditions, Covenants, and Restrictions (CC&RIs) and Buyer's Awareness Package to indicate the following: (1) Residents shall be required to prioritize their use of available parking in the following -order: 1) garage parking, 2) driveway parking, 3) street parking and submit a copy to the City for review and approval prior to recordation by the Los Angeles County Recorder. (2) The floor plan layout for each house on Lot Nos. 35, 38, 42, 49, 50, 51, 64, 82, 84, 86, 90, 92, and 94 contain no more than five bedrooms. (3) The CCR's shall reflect that there shall be no garage conversions permitted at a future date for all lots. (4) The homebuyer shall responsibly conform to City landscape requirements. The City Development Code requires that all setbacks be landscaped (from the area of site between the street curb and the front of the residential structure form side property line to side property line) except where the setback is occupied by an existing sidewalk or driveway and that the landscaping shall include trees, shrubs, ground cover, and turf. Alterations to the amount of landscape area shall be reviewed and approved by the Planning Division. (v) The applicant shall modify the proposed design plans -for the HOVE III and MGA plan III to provide a standard three car garage for all single family residences except for the -residences located on the lots listed in -condition (w). No garage unit(s) of any plan shall incorporate tandem garage. Lot Nos. 35, 38, 42, 49, 50, 51, 64, 82, 84, 86, 90, 92, and 94 shall be permitted to have a two -car garage with driveway grades not- to exceed 15 percent. (x) The Applicant shall submit floor plans to the City for each house located on Lot Nos. 35, 38, 42, 49, 50, 51, 64, 82, 84, 86, 90, 92, and 94. The plans shall indicate the floor plans contain no more than five bedrooms for each house. (y) The Applicant shall revise the. -landscaping/ irrigation plans to indicate the following: (1) The front yard landscaping/ irrigation for each house shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy's issuance. (2) The entry street trees shall be increased in size to minimum 36" box trees. (3) The conceptual entry landscape plan and the mitigation landscape plan for Tract No. 52267 shall be coordinated with one another to ensure compatibility between plant species. (z) The applicant shall comply with the Planning, Building and Safety- and Public Works Divisions' and Fire Department requirements. 10 N11 (aa) The Applicant shall submi t to the Planning Commission for review and approval the type, details for installation, and precise locations of the access gates for primary (Tin Drive) and emergency secondary (Highcrest Drive) access. The emergency secondary access gate shall be designed architecturally consistent with the decorative nature of the main entry gate design. (bb) Within 10 days of this approval, the applicant shall submit a plan, which indicates relocation of the construction vehicles, equipment, food service vehicles, and other construction related activities for the City's review and approval. The applicant shall complete the relocation plan within 20 days of said approval. (cc) The Grant Deed shall reflect that there shall be no garage conversions permitted at a future date for all lots. (dd) This grant is valid for two years and shall be F_ exercised within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager may consider the extension request at duly noticed public hearing in accordance with Chapter- 22.72 of the City of Diamond Bar Development Code. (ee) This grant 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 of and agree to accept all the conditions of this grant. Furthermore, this grant shall not be effective until the permittee pays the remaining City processing fees. (ff) 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 deminimus 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 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: Scott Wright, Pulte Home Corporation, 18401 Von Karman, Suite 200, Irvine, CA 92612. APPROVED AND ADOPTED THIS 9TH DAY OF MAY 2 0 0 0, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:' -Steve Nelson, Chairman I, James DeStefano, Deputy City Manager, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of May 2000, by the following vote: AYES: Commissioner Ruzicka, VC/Zirbes, Commissioners Kuo, Tye, Chair/Nelson NOES: ABSENT: ABSTAIN: BY: J les DeStefano, Secretary