Loading...
HomeMy WebLinkAboutPC 2002-19A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-10, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO, AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY( 12,716 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 3078 WINDMILL DRIVE ROAD (LOT 6, TRACT 48487), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, C&A Developers, and applicant, Richard Gould, have filed an application for Development Review No. 2002-10, for a property located at 3078 Windmill Drive Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 26, 2002, 24 property owners within a 500 -foot radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. On June 28, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley, Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 3. On July 9, 2002, the Planning Commission of the City of Diamond B4 r 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 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of PLANNING COMMISSION ' RESOLUTION NO. 2002-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-10, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO, AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY( 12,716 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 3078 WINDMILL DRIVE ROAD (LOT 6, TRACT 48487), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, C&A Developers, and applicant, Richard Gould, have filed an application for Development Review No. 2002-10, for a property located at 3078 Windmill Drive Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 26, 2002, 24 property owners within a 500 -foot radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. On June 28, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley, Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 3. On July 9, 2002, the Planning Commission of the City of Diamond B4 r 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 (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's situs address is 3078 Windmill Drive Road, Diamond Bar, California. It is the vacant Lot 6 of Tract 48487, a 15 -lot subdivision with graded buildable pads adjacent to the Country Estates approved by the City Council on October 20, 1995. The irregularly shaped lot has a flat buildable pad and the balance of the lot slopes downward to the canyon and is part of a slope, drainage and maintenance easement. There is a sewer and 30 feet utility easement at the front of the lot. The lot is approximately .76 gross acres. The property contains protected/preserved trees, located outside of the buildable pad. The applicant anticipates and staff has verified that no activity (grading and/or construction) will take place within five (5) feet of the outer drip line- of: these trees; therefore, no protective fencing needs to be installed around the trees. (b) The project site is zoned Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural Zone (A-2-2). Its General Pian 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 with balconies, porch, covered patio, and four car garage totaling to, approximately 12,716 square feet. 2 DEVELOPMENT REVIEW ' (e) 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 specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 48487 was an approved Vesting Tentative Tract Map in June 1992. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July 25, 1995, and the Final Tract Map No. 48487 was approved on October 20, 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 1.33 dwelling units per acre 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 Clty's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, and the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future, development will not create traffic or pedestrian hazards. Tract Map No. 48487s 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. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These private 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 will not create traffic or pedestrian hazards. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood 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 project's architectural features include a two story porticolentry with columns and pediment; concrete balusters around balconies at the front elevation; the rear balcony/patio cover with columns and balusters; stucco exterior and stone at the front; stucco details of cornice, and window treatments forstyling. These features and the varying tile roof lines add texture and contrast. The proposed materials/calors board was compared with previously approved boards in the vicinity. The combinations of off-white and gray palette and the building's architecture blend into the overall streetscape nicely. The selected materials and colors are consistent and the style is compatible with the eclectic architectural style of other homes in neighboring Tract 47851, 47850, and the Country Estates, yet allow variation in the overall palette and textures. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project 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. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (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; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental 4 to the public health, safety, or welfare, or materially injurious to the ' properties or improvements in the vicinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the middle of the tract and at a lower elevation than its northerly neighbors. 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. (j} The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the California Environmental QualityActof 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California code of Regulation. No further environmental review is necessary. 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 July 9, 2002, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by 5 the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) A grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Public Works Division. (e) Applicant shall follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (f) The Public Works Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; (2) Retaining walls shall be required to be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (5) Retaining walls exposed height shall not exceed six feet. (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in. place for construction started after September 15, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) 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. 0) Driveway slope shall be shown on plans. D BUILDING AND SAFETY 1 PLANNING C (k) The single-family structure shall meet the 1998 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (I} The minimum design wind pressure shall be 8o miles per hour and "C" exposure. (m) 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 1/4 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 Y2 inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) Smoke detectors shall be provided in all sleeping rooms. (p) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 1997 Uniform Building Code. (q) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (r) 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.) (s) 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. 7 (t) Within 60 days of the Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (u) Within 60 days of the Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, quantity and location. Landscape and irrigation shall be installed within -six (6) months of the project's Certificate of Occupancy's issuance. (v) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (w) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (x) 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. (y) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (z) 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. 0 (aa) 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. (bb) 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to owners, C&A Developers, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 9th DAY OF JULY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. B: y 'Jce Ruz�icka �hairan � 1, 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 9th day of July, 2002, by the following vote: AYES: Commissioners: Nelson, Nolan, V/C Tye, Chair Ruzicka NOES: ABSENT: Commissioner Tanaka ABSTAIN: ATTEST: Jarh4s DeStefa lo,'secretary N PLANNING COMMISSION RESOLUTION NO. 2002-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-10, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO, AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 12,716 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 3078 WINDMILL DRIVE ROAD (LOT 6, TRACT 48487), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, C&A Developers, and applicant, Richard Gould, have filed an application for Development Review No. 2002-10, for a property located at 3078 Windmill Drive Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On June 26, 2002, 24 property owners within a 500 -foot radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed at least 10 days before the public hearing. On June 28, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 3. On July 9, 2002, the Planning Commission of the City of Diamond Bzx 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: 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 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regutations. 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's situs address is 3078 Windmill Drive Road, Diamond Bar, California. It is the vacant Lot 6 of Tract 48487, a 15 -lot subdivision with graded buildable pads adjacent to the Country Estates approved by the City Council on October 20; 1995. The irregularly shaped lot has a flat buildable pad and the balance of the lot slopes downward to the canyon and is part of a slope, drainage and maintenance easement. There is a sewer and 30 feet utility easement at the front of the lot. The lot is approximately .76 gross acres. The property contains protected/preserved trees, located outside of the buildable pad. The applicant anticipates and staff has verified that no activity (grading and/or construction) will take place within five (5) feet of the outer drip line of. these trees; therefore; no protective fencing needs to be installed around the trees. (b) The project site is zoned Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Heavy Agricultural Zone (A-2-2). 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 with balconies, porch, covered patio, and four car garage totaling to, approximately 12,716 square feet. 2 DEVELOPMENT REVIEW (e) 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 specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 48487 was an approved Vesting Tentative Tract Map in June 1992. At that time, the City was operating under a draft General Plan. The General Plan was adopted on 3uly25, 1995, and the Final Tract Map No. 48487 was approved on October 20, 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 1.33 dwelling units per acre which complies with the land use designation of Rural Residential (Maximum 1 DUTAC) 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, and the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 48487's MasterEnvironmentalImpact 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. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These private 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 will not create traffic or pedestrian hazards. 3 (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood 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 project's architectural features include a two story portico%ntry with columns and pediment; concrete balusters around balconies at the front elevation; the rear balconylpatio cover with columns and balusters; stucco exterior and stone at the front; stucco details of cornice, and window treatments for styling. These features and the varying tile roof lines add texture and contrast The proposed materialslcolors board was compared with previously approved boards in the vicinity. The combinations of off-white and gray palette and the building's architecture blend info the overall streetscape nicely. The selected materials and colors are consistent and the style is compatible with the eclectic architectural style of other homes in neighboring Tract 47851, 47850, and the Country Estates, yet allow variation in the overall palette and textures. Therefore, the proposed project is consistent with and will maintain and enhancethe harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above findings, colors, materials; and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project 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. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (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; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental 4 to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the middle of the tract and at a lower elevation than its northerly neighbors. 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 has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the California Environmental QualifyAct of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California code of Regulation. No further environmental review is necessary. 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 July 9, 2002, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by 5 the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) A grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Public Works Division. (e) Applicant shall follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (f) The Public Works Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; (2) Retaining walls shall be required to be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (5) Retaining walls exposed height shall not exceed six feet. (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in. place for construction started after September 15, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) 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. 0) Driveway slope shall be shown on plans. 6 BUILDING AND SAFETY (k) The single-family structure shall meet the 1998 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) 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"; tile 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 aftic, floor, 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 Y2 inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) Smoke detectors shail be provided in all sleeping rooms. (p) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 1997 Uniform. Building Code. (q) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. PLANNING (r) 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.) (s) 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. (t) Within 60 days of the Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (u) Within 60 days of the Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, quantity and location: Landscape and irrigation shall be installed within six (6) months of the project's Certificate of Occupancy's issuance. (v) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (w) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (x) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental seffing 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. (y) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (z) 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. 8 (aa) 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. (bb) 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail to owners, C&A Developers, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 9t" DAY OF JULY 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. c By. 174 N RuzickatC—hair—rban 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 9th day of July, 2002, by the following vote: AYES: Commissioners: Nelson, Nolan, V/C Tye, Chair Ruzicka NOES: ABSENT: Commissioner Tanaka ABSTAIN: ATTEST: Ja s DeStefarjo, —ecretary 9