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HomeMy WebLinkAboutPC 2000-25PLANNING COMMISSION RESOLUTION NO. 2000-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-17 AND MINOR CONDITIONAL USE PERMIT NO. 2000-20, A REQUEST TO CONSTRUCT A TWO-STORY,, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 17,532 SQUARE FEET WITH BALCONIES, PORCH, PATIO AND DETACHED FIVE -CAR GARAGE AND LIMOUSINE GARAGE WITH GUESTHOUSE ON A VACANT PARCEL. THE PROJECT SITE IS 2899 VISTA COURT (LOTS 17 AND 18 OF TRACT MAP NO. 47850), DIAMOND BAR CA. A. Recitals 1. The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have"filed an application for Development Review No. 2000-17 and Minor Conditional Use Permit No. 2000-20 for a property located at 2899 Vista Court, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the j "Application." 2. On November 16,2000, 30 property owners within a 500 -foot radius of the project site were notified by mail. On November 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, as well as a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the Application. 3. On November 28, 2000, the Planning Commission of the City of Diamond Bar conducted 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. 1 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impacti Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 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 environment review is necessary. 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: .'resr (a) The project relates to a vacant parcel at 2899 Vista Court, Lots 17 and 18 of Tract No. 47850, and part of the 50 -lot subdivision with graded buildable pads adjacent to "The Country Estates." This tract was approved June 6, 1995, by the City Council. The irregularly shaped lots are joined at the side property lines and will be merged with a Lot Line Adjustment. Lot 17 is 229,575 square feet with a buildable pad area of 19,300 square feet. Lot 18 is 65,219 square feet with a buildable pad area of 13,860 square feet. The combined pad area is 33,160 square feet (.76 acres). Each lot contains easements for access/public utility, service, and sanitary sewer within its front portion. Each lot also contains Restricted Use Areas and Open Space. The development is not in these areas. The lots are shaped irregularly, sloping downward toward the southerly and easterly exposures. The property contains protected/preserved Oak trees, located outside of the buildable pad and no activity (grading and/or construction) will take place within five (5) feet of the outer drip line of these trees.) 2 (b) The project site is zoned Single Family Residential - Minimum Lot Size 20,000 Square Feet (R-1-20,000). Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (c) Generally, the following zones surround the subject site: to the north and east is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000). (d) The Application is a request to construct a two- story, single-family residence of approximately 17,532 square feet with balconies, porch, patio and detached five -car garage and limousine garage with guesthouse on a vacant parcel. A Minor Conditional Use Permit is required to process the guesthouse. Furthermore, the request requires that the Application processes and obtains approval of a Lot Line Adjustment to merge the lots. 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). Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June 5, 1995. However, Vesting Tentative Tract Map No. 47850 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre unit which complies with the land use designation of Rural Residential (Maximum 1 DU/AC) identified' in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential j neighborhoods and open space. Furthermore, the " y proposed project is compatible with the eclectic 3 I i r - __._._...- architectural style and design, materials, and colors of existing homes within the surrounding O area. {f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a single- family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Tract Map No. 47850's Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Vista Court and the secondary access roads in the vicinity, Steeplechase Lane and Water Course Drive, adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Mediterranean. The project's architectural features include portico entry with precast columns and glass window treatments for a focal point; balconies with precast balustrades; stucco details, crown molding, window treatments and quoins; and multi-levels of tile roof lines and stone to add texture and contrast. These are consistent with 4 ,rv..n�,.. ..:i..nrx •. .. ., R'^'tl�`Pr'.Ai' L4�l,.f:l?'"iM1 many homes in Tract 47850 and compatible with the eclectic architectural style of other homes in neighboring Tract 47851 and "The Country Estates." Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The accessory structures of detached garage and limousine garage with guesthouse are compatible with the neighborhood. There are homes in _the Country Estates that have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors/materials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in -the vicinity. The terrain in the vicinity of Vista Court at Watercourse Drive slopes to lower elevations to the south of the property and end of the tract and Open Space. The pads of Tract 47850 were developed to allow for view corridors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. 9 (j) The proposed project has been reviewed in compliance with the provisions of the California Environmentalpil�ll 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 Master Environmental Impact Report No. 91-2 for Tract No. 47850. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject - zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The project site zoned R-1-20,000 single-family residential allows the use of a guesthouse. The Application for a guesthouse in excess of 501 square feet requires approval of -a Minor Conditional Use Permit. The Application meets the development standards as set forth in Section 22.42.060(B) including access, utilities, plumbing and electrical installations, design, parcel coverage, size, and as amended, kitchen facilities. The proposed structures do not exceed an overall parcel coverage- of 30 percent. The Application requests the construction of an attached 942 square feet guesthouse consisting of lounge, storage, bath and limousine garage. The granting of the Permit will allow the applicant expansion of the dwelling for guest uses. Approval of a Minor Conditional Use Permit includes conditions to prohibit kitchen facilities, a separately rented unit from the main dwelling, and subsequent subdivision of the parcel that would divide the main dwelling from the guesthouse. As amended, the proposed Application complies with all other applicable provisions of this Development Code and Municipal'Code. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed project is ;rf consistent with the City's General Plan objectives and strategies, the Development Code and City 2 Design Guidelines, and any applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e) and (f), the proposed new construction with guesthouse is consistent with the surrounding single-family homes. Therefore, the project design, location, size and operating characteristics are compatible. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e), (f), (g), (h) and (i), the creation of a new single-family residence with detached garages and guesthouse is suitable for the type and density/intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public- health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). As stated in Item 4(j). 5. Based -upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application =l subject to the following conditions: 7 (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated November 28, 2000, as submitted and as amended herein. (b) The applicant shall be required to submit a landscape/ irrigation plan delineating the type of planting materials color, size, quantity and location, for review and approval by the City within 60 days of the project's final inspection or Certificate of Occupancy's issuance. (c) The landscape plan shall incorporate plant species that are compatible with those in the slope drainage maintenance easement and open space area adjacent to the limousine garage and guesthouse. This- plan shall be reviewed and approved by the City's environmental consultant over seeing the tract mitigation areas. (d) The Application shall obtain approval of a Lot Line' Adjustment to merge subject lots 17 and 18 prior to the issuance of construction permits. (e) If required by the City Attorney, the Applicant shall obtain and record a Grant of Easement for the Right to Access of the Easement for Emergency Vehicles for access to the limousine garage and guesthouse. Said easement shall be recorded with evidence provided to the City prior to occupancy. (f) 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. (g) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family 8 Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (h) The wet bar area on the second floor and in the guesthouse shall comply with the standards as prescribed in Development Code Section 22.42.060(B)(5) such that kitchen or other cooking facilities shall not be included. Kitchen facilities are defined as to include but are not limited to the following: Cooking Stove with or without an oven; Hot plates; Kitchen sink, cabinets and appurtenant plumbing; Microwave or convection ovens; and all appurtenance related to the above. The guesthouse shall not be provided with kitchen facilities other than the proposed wet bar sink and bar refrigerator, and the cabinets shall not exceed a measurement bf 48 inches. (i) The guesthouse shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect. r-, (j) The guesthouse shall not have subsequent subdivision of the parcel that may attempt to divide the main dwelling from the guesthouse. (k) 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. (1) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements j along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. 9 (m) The Applicant shall provide temporary sanitation facilities while under construction. {jn (n) 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. (o) Before Certificate of Occupancy issuance, the applicant shall submit to the City Planning Division written evidence indicating the Buyer's receipt of the "Buyers' Awareness Package." In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e., hardscapes, pool/spa, retaining walls, additional landscaping.) (p) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (q) A grading plan review and approval shall be required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Engineering Division.. (r) A fine grade certification shall be required before building final. (s) 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. (t) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. 10 (v) The single-family structure shall meet the 1998 j California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (w) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (x) All balconies shall be designed for 40 pound per square foot live load. (y) Hand rails and guardrails shall be designed for 20 pound load applied laterally at the top of the rail. (z) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls, (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/ inch nor more than 1/ inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum % inch screen. (aa) The Application shall be approved by the Fire Department. (bb) This single-family structure shall meet the State Energy Conservation Standards. (cc) All sleeping rooms shall have windows that comply with egress requirements. (dd) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (ee) Applicant shall make application to the Walnut Valley Water District as- necessary, and submit their approval to the Planning Division prior to the issuance of building permits. 11 (ff) Maximum height of the residence shall not exceed 35 01" feet from the finish grade at any exterior wall ofthe structure to the highest point, of the roofline and may require a height survey at completion of framing. (gg) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (hh) 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) 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. (ii) 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, i 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. (jj) 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: P (a) Certify to the adoption of this Resolution; and 12 -, (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Diamond Bar West, LLC, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 and Richard Gould, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: teve Nelson, Chairman I, James DeStefano, 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 November, 2000, by the following vote: AYES: COMMISSIONERS: KUO, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: r ATTEST: Jambs DeStefano, ecretary 13 PLANNING COMMISSION RESOLUTION NO. 2000-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-17 AND MINOR CONDITIONAL USE PERMIT NO. 2000-20, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 17,532 SQUARE FEET WITH BALCONIES, PORCH, PATIO AND DETACHED FIVE -CAR GARAGE AND LIMOUSINE GARAGE WITH GUESTHOUSE ON A VACANT PARCEL. THE PROJECT SITE IS 2899 -VISTA COURT (LOTS 17 AND 18 OF TRACT MAP NO. 47850), DIAMOND BAR CA. A. Recitals 1. The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have'filed an application for Development Review No. 2000-17 and Minor Conditional Use Permit No. 2000-20 for a property located at 2899 Vista Court, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On November 16,2000, 30 property owners within a 500 -foot radius of the project site were notified by mail. on November 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, as well as a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the Application. 3. On November 28, 2000, the Planning Commission of the City of Diamond Bar conducted 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 consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 i(CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California—Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a vacant parcel at 2899 Vista Court, Lots 17 and 18 of Tract No. 47850, and part of the 50 -lot subdivision with graded buildable pads adjacent to OThe Country Estates." This tract was approved June 6, 1995, by the City Council. The irregularly shaped lots are joined at the side property lines and will be merged with a Lot Line Adjustment. Lot 17 is 229,575 square feet with a buildable pad area of 19,300 square feet. Lot 18 is 65,219 square feet with a buildable pad area of 13,860 square feet.- The combined pad area is 33,160 square feet (.76 acres). Each lot contains easements for access/public utility, service, and sanitary sewer within its front portion. Each lot also contains Restricted Use Areas and Open Space. The development is not in these areas. The lots are shaped irregularly, sloping downward toward the southerly and easterly exposures. The property contains protected/preserved Oak trees, located outside of the buildable pad and no activity (grading and/or construction) will take place within f ive (5) f eet of the outer drip line of these trees.) (b) The project site is zoned Single Family ResidentialMinimum Lot Size 20,000 Square Feet (R-1-20,000). Its General Plan Land Use designation is Rural Residential MR), Maximum 1 DU/AC. (c) Generally, the following zones surround the subject site: to the north and east is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family Residence - Minimum Lot Size 9,000 Square Feet (R-1-9,000). (d) The Application is a request to construct a twostory, single-family residence of approximately 17,532 square feet with balconies, porch, patio and detached five -car garage and limousine garage with guesthouse on a vacant parcel. A Minor Conditional Use Permit is 'required to process the guesthouse. Furthermore, the request requires that the Application processes and obtains approval of a Lot Line Adjustment to merge the lots. 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). Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was operating under a draft General Plan.- The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No. 47850 was approved on June 5, 1995. However, Vesting Tentative Tract Map No. 47850 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre unit which complies with the land use designation of Rural Residential (Maximum 1 DU/AC) identified in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials., and colors of existing homes within the surrounding area. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for the site as a singlefamily residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of - neighboring existing or future development, and will not create traffic or pedestrian hazards. Tract Map No. 47850's Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Vista Court and the secondary access roads in the vicinity, Steeplechase Lane and Water Course Drive, adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed project's architectural style is Mediterranean. The project's architectural features include portico entry with precast columns and glass window treatments for a focal point; balconies with precast balustrades; stucco details, crown molding, window treatments and quoins; and multi-levels of tile roof lines and stone to add texture and contrast. These are consistent with many homes in Tract 47850 and compatible with the eclectic architectural style of other homes in neighboring Tract 47851 and "The Country Estates." Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The accessory structures of detached garage and limousine garage with guesthouse are compatible with the neighborhood. There are homes in the Country Estates that have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors /materials board is provided as Exhibit "All. The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale (s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in -the vicinity. The terrain in the vicinity of Vista Court at Watercourse Drive slopes to lower elevations to the south of the property and end of the tract and Open Space. The pads of Tract 47850 were developed to allow for view corridors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. Q) The proposed project with the has been reviewed in compliance of the provisions Quality Act Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract No. 47850. MINOR CONDITIONAL USE -PERMIT (k) The proposed use is allowed within the subjectzoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The project site zoned R-1-20,000 single-family residential allows the use of a guesthouse. The Application for a guesthouse in excess of 501 square feet requires approval of - a Minor Conditional Use Permit. The Application meets the development standards as set forth in Section 22.42.060(6) including access, utilities, plumbing and electrical installations, design, parcel coverage, size, and as amended, kitchen facilities. The proposed structures do not exceed an overall parcel coverage of 30 percent. The Application requests the construction of an attached 942 square feet guesthouse consisting of lounge, storage, bath and limousine garage. The granting of the Permit will allow the applicant expansion of the of a Minor Conditional Use Permit includes conditions to prohibit kitchen facilities, a separately rented unit from the main dwelling, and subsequent subdivision of the parcel that would divide the main dwelling from the guesthouse. As amended, the proposed Application complies with all other applicable provisions of this Development Code and Municipal'Code. (1) The proposed use is consistent with the General Plan and any applicable As stated in Item (e), the proposed project is consistent with the City's General Plan objectives and strategies, the Development Code and City Design Guidelines, and any applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity As stated in Items (e) and (f), the proposed new construction with guesthouse is consistent with the surrounding single-family homes. Therefore, the project design, location, size and operating characteristics are compatible. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of phy'sical constraints. As stated in Items (e), (f), (g), (h) and (i), the creation of a new single-family residence with detached garages and guesthouse is suitable for the -type -and density/intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vi:cinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public- health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). As stated in Item 40). 5. Based -upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated November 28, 2000, as submitted and as amended herein. (b) The applicant shall be required to submit a landscape/ irrigation plan delineating the type of planting materials color, size, quantity and location, for review and approval by the City within 60 days of the project's final inspection or Certificate of Occupancy's issuance. (c) The landscape plan shall incorporate plant species that are compatible with those in the slope drainage maintenance easement and open space area adjacent to the limousine garage and guesthouse. This- plan shall be reviewed and approved by the City's environmental consultant over seeing the tract mitigation areas. (d) The Application shall obtain approval of a Lot Line Adjustment to merge subject lots 17 and 18 prior to the issuance of construction permits. (e) If required by the City Attorney, the Applicant shall obtain and record a Grant of Easement for the Right to Access of the Easement for Emergency Vehicles for access to the limousine garage and guesthouse. Said easement shall be recorded with evidence provided to the City prior to occupancy. (f) 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. (g) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family ResidenceN on a form to be provided by the, City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (h) The wet bar area on the second floor and in the guesthouse shall comply with the standards as prescribed in Development Code Section 22.42.060(B)(5) such that kitchen or other cooking facilities shall not be included. Kitchen facilities are defined as to include but are not limited to the following: Cooking Stove with or without an oven; Hot plates; Kitchen sink, cabinets and appurtenant plumbing; Microwave or convection ovens; and all appurtenance related to the above. The guesthouse shall not be provided with kitchen facilities other than the proposed wet bar sink and bar refrigerator, and the cabinets shall not exceed a measurement of 48 inches. (i) The guesthouse shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect. Q) The guesthouse shall not have subsequent subdivision of the parcel that may attempt to divide the main dwelling from the guesthouse. (k) 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. (1) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while (n) 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. (o) Before Certificate of Occupancy issuance, the applicant shall submit to the City Planning Division written evidence indicating the Buyer's receipt of the "Buyers' Awareness Package." In the event no buyer has purchased the property, then receipt is to' be forwarded before approval of future improvements (i.e., hardscapes, pool/spa, retaining walls, additional landscaping.) (p) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (q) A grading plan review and approval shall be required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Engineering (r) A fine grade certification shall be required before building final. (s) Drainage pattern shall be reviewed and approved by the Public Works 'Division; surface water shall drain away from the building at a 2% (t) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. IN Y —T (v) The single-family structure shall meet the 1998 California Building Co e, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (w) The minimum design wind pressure shall be 80 miles per hour and "C (x) All balconies shall be designed for 40 pound per square foot live load. (y) Hand rails and guardrails shall be designed for 20 pound load applied laterally at the top of the rail. (z) The single-family structure is located in "Fire Zone 4" and shall meet the of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A" tile roofs shall be fire stopped at the eaves to preclude entry of the f lame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, f loor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh 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; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (aa) The Application shall be approved by the Fire Department. (bb) This single-family structure shall meet the State Energy Conservation (cc) All sleeping rooms shall have windows that comply with egress (dd) Smoke detectors shall be provided in conformance with the 1998 California (ee) Applicant shall make application to the Walnut Valley Water District as - necessary, and submit their approval to the Planning Division prior to the issuance of building permits. 19 (ff) 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 and may require a height survey at completion of framing. (gg) The Applicant shall comply with the requirements of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. (hh) 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) 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. (ii) 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 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. Qj) 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 12 '17 "1 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Diamond Bar West, LLC, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 and Richard Gould, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2000, BY THE By: !—rt'eve Nelson, Chairman I, James DeStefano, 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 November, 2000, by the following vote: AYES: COMMISSIONERS: KUO, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: ABSENT: COMMISSIONERS:ABSTAIN: COMMISSIONERS: r-7 ATTEST:—sUDeStefi2 ec Ja s DeStefano, ecretary 13