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HomeMy WebLinkAboutPC 2002-28PLANNING COMMISSION ' RESOLUTION NO. 2002-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-19, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 11,382 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, COVERED PATIO, ATTACHED FOUR -CAR GARAGE, DETACHED 504 SQUARE FEET TWO -CAR GARAGE AND A GUESTHOUSE WITH PORCH OF 365 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 3159 WINDMILL DRIVE (LOT 10, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2002-19, for a property located at 3159 Windmill Drive, 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 August 14, 2002, 40 property owners within a 700 -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 August 16, 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 August 27, 2002, 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 I above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 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 Regulation. No further environmental 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 3159 Windmill Drive, Diamond Bar, California. It is the vacant Lot 10 of Tract 50314 and part of a 15 -lot subdivision, with graded buildable pads adjacent to The Country Estates, that was approved February 3, 1998, by the City Council. The irregularly shaped lot has irregularly shaped lot has two flat buildable pads 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 3.58 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). 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. (d) The application is a request to construct a two-story, single-family residence of approximately 11,382 gross square feet including balconies, porch, covered patio, attached four -car garage, detached 2 504 square feet two -car garage and a guesthouse with porch of 365 ' square feet. 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. 50314 was approved as a Vesting Tentative Tract Map on February 3, 1998. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (RR) (1 du/acre). The tract is approximately 39 acres divided into 15 lots which complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. 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. 50314's Master Environmental Impact Report No. 97-1, 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, Steeplechase Lane and Wagon Train 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, and will not create traffic orpedestrian hazards. (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 3 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; one and two-story arch windows fora focal point at the corners of the structure; the garage is perpendicular to the street; concrete balusters around balconies at the front elevation; two story rear balcony/patio cover with columns and wrought iron railing; stucco exterior and stone at the front; stucco details of cornice and window molding for styling. These features and the varying tile rooflines add texture and contrast. The proposed materials/colors board was compared with previously approved boards in the vicinity. The combinations of peach, Arizona reds, and French white 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 Chapter 22.48, 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 end of the tract and at a lower elevation than its northerly neighbors are. 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. 97-1 for Tract Map No. 50314 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 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 August 27, 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 5 debris of any kind is placed within the vegetated area until released by 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) 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. (g) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (h) 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. (i) Driveway slope shall be shown on plans. BUILDING AND SAFETY (j) 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. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (1) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: 0 1 D PLANNING (1) All roof covering shall "Fire es to preclude entry the roofs shall be fire stopped at theea 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 i/4 inch nor more than 1/2 inch in any dimension except where such hall openings restersped hofash or door; maximum Y2 inch (4) Chimney screen. (m} This single-family structure shall meet the State Energy Conservation Standards. (n) Smoke detectors shall be provided in all sleeping rooms. (o) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 1998 California Building Code. (p) 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. (q) 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.) (r) 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. (s) Within sixty 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 50314 and delineate the type of planting materials, color, size, quantity and location. This plan shall be reviewed and approved by the Planning Commission.months of the Certificate of Occupancy issuancetailed within six (6) 7 (t) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (u) 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. (v) 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. (w) 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. (x) 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. (y) 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. (z) 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 1 1 1 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 Windmill Estates, LLC, owner, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 27th DAY OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: (�- Jae Ruzicka, h man 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 27th day of August, 2002, by the following vote: AYES: Nelson, WC Tye, Nolan, Tanaka; C/Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: James DeStef no, Secretary 9 PLANNING COMMISSION RESOLUTION NO. 2002-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-19, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE- FAMILY RESIDENCE OF APPROXIMATELY 11,382 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, COVERED PATIO, ATTACHED FOUR -CAR GARAGE, DETACHED 504 SQUARE FEET TWO -CAR GARAGE AND A GUESTHOUSE WITH PORCH OF 365 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 3159 WINDMILL DRIVE (LOT 10, TRACT 50314), DIAMOND A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2002-19, for a property located at 3159 Windmill Drive, 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 August 14, 2002, 40 property owners within a 700 -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 August 16, 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. On August 27, 2002, 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. 97-1 for Tract Map No. 50314 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 Regulation. No further environmental 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 inoorporated 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, (a) The project's situs address is 3159 Windmill Drive, Diamond Bar, California. It is the vacant Lot 10 of Tract 50314 and part of a 15 -lot subdivision, with graded buildable pads adjacent to The Country Estates, that was approved February 3, 1998, by the City Council. The irregularly shaped lot has irregularly shaped lot has two flat buildable pads 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 3.58 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). 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. (d) The application is a request to construct a two-story, single-family residence of approximately 11,382 gross square feet including balconies, porch, covered patio, attached four -car garage, detached K 504 square feet two -car garage and a guesthouse with porch of 365 square feet. 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. 50314 was approved as a Vesting Tentative Tract Map on February 3, 1998. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (RR) (1 dulacre). The tract is approximately 39 acres divided into 15 lots which complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. 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. 50314's Master Environmental Impact Report No. 97- 1, 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, Steeplechase Lane and Wagon Train 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, and will not create traffic orpedestrian hazards. (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 3 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, one and two-stofy arch windows for a focal point at the corners of the structure, the garage is perpendicular to the street; concrete balusters around balconies at the front elevation,- two levation,two story rear balconylpatio cover with columns and wrought iron railing, stucco exterior and stone at the front; stucco details of cornice and window molding for styling. These features and the varying tile rooflines add texture and contrast. The proposed materialslcolors board was compared with previously approved boards in the vicinity. The combinations of peach, Arizona reds, and French white 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 (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 `o the public health, safety, or welfare, or materially injurious to the properties or improvements in the ✓icinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the end of the tract and at a lower elevation than its northerly neighbors are. 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 (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. 97-1 for Tract Map No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(x) of Article 11 of the Califomia 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 August 27, 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 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) 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. (g) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (h) Drainage pattern shall be reviewed and approved bythe Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (i) Driveway slope shall be shown on plans. BUILDING AND SAFETY (j) 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. (k) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (1) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: L•. (1) All roof covering shall be "Fire Retardant, Class A"; the roofs of the ent Y hall be fire stopped at the eaves to prec lame or members under the fire; II be constructed as exterior 2 All enclosed under -floor areas sha walls; floor, and/or other enclosed areas into the attic i 9 3) All open all be covered with corrosion-resistant wire mesh not less han 1/4 inch nor more than 1/z inch in any dimension except here such openings are equipped with sash or door; inch 1/ i um 4 Chimneys shall haves ark arresters of max Green. This single -family structure shall meet the State Energy Conservation rn Standards. n Smoke detectors shall be provided in all sleeping rooms. (o) Building setback from any slope (top or toe) shall meet the 1998 California Building Code. h requirements of Section 18 of t (p) Prior to the issuance of any construction permits, the applicant shall les County Fire Department ng submit construction plans to the Lo for review and approval. PLANNING Before Certificate of Occupancy issuance, the applicant shall submit , (q) to the City Planning Division written evidence indicating the Buyer receipt of the "Buyers' Awareness Package". In the event no buyer t is to be forwarded before i ( ) Within sixty days of the Certificate of Occupancy, the applicant shall b required to submit a landscape/irrigation plan for the City's revie and approval. The plan shall reflect the guidelines set forth by Trac 50314 and delineate the type of planting materials, color, siz quantity and location. This plan shall be reviewed and approved b the Planning Commission. Landscape and irrigation shall b installed within six (6) months of the Certificate of Occupanc issuance. has purchased the property, then rec roval of future improvements i.e. hardsca es pooUspa, retainin (s) Within sixty 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 50314 and delineate the type of planting materials, color, size, quantity and location. This plan shall be reviewed and approved by the Planning Commission. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. 7 pp walls, additional landscaping.) plicant shall make application to the Walnut Valley Water District io (r) as necessary, and submit their approval to the Planning Division pr to the issuance of building permits. (s) Within sixty 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 50314 and delineate the type of planting materials, color, size, quantity and location. This plan shall be reviewed and approved by the Planning Commission. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. 7 (t) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (u) 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. (v) 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. (w) 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. (x) 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. (y) 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. (z) 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 Cc 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 c py of this Resolution, by certified mail to Windmill Estates, LLC, own r, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, T rrance, CA 90503. PROVED AND ADOPTED THIS 27t" DAY ,MMISSION OF THE CITY OF DIAMOND Bi By' Joe Ruzicka, hai man F AUGUST 2002, BY THE PLANNING lNelson, WC Tye, Nolan, Tanaka; C/Ruzicka 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 27th day of August, 2002, by the following vote: JOES: ABSENT: ABSTAIN AYES: ATTEST 9