HomeMy WebLinkAboutPC 2003-01n
A.
A
PLANNING COMMISSION
RESOLUTION NO. 2003-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 21
REQUEST TO CONSTRUCT A TWO-STORY SINGLE
RESIDENCE WITH BALCONIES, PATIO, PORTE COCHERE Al
CAR GARAGE TOTALING TO APPROXIMATELY 12,127 SQUAI
AND A SITE RETAINING WALL WITH AN EXPOSED HE]
APPROXIMATELY SIX FEET. THE PROJECT SITE IS LOCI
3079 WINDMILL DRIVE (LOT 3, TRACT 50314), DIAM01'
CALIFORNIA.
RECITALS
The property owner, Windmill Estates, LLC and applicant, Rich
filed an application for Development Review No. 2002-35, fora I
at 3079 Windmill Drive, Diamond Bar, Los Angeles County
described in the title of this Resolution. Hereinafter in this
subject Development Review shall be referred to as the "Appli
2. On January 15, 2003,43 property owners within a 700 -foot rad
site were notified by mail and a notice of public hearing on a di
posted at the project site and displayed at Least 10 days b
hearing. On January 17, 2003, notification of the public hearin
was made in the San Gabriel Valley Tribune and Inland Valli
newspapers. Additionally, three other sites were posted within
application.
"3ITY OF
02-35, A
FAMILY
D FOUR
IE FEET,
aHT OF
TED AT
D BAR,
rd Gould. have
roperty I Gated
Califorr ia, as
tesoluti n, the
:ation."
s of the project
)lay boatd was
ore the public
for this proiect
viciniW of the
3. On January 28, 2003, the Planning Commission of the City of Diamogd Bar
conducted and concluded a duly noticed public hearing on the Application.
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 tha 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 bove
in this Resolution is consistent with the previously certified Master
Environmental Impact Report No. 97-1 for Tract No. 50314 a�cording o the
California Environmental Quality Act of 1970 (CEQA) and quid lines
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 the Planning Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or the habitat upon which
the wildlife depends. Based upon substantial evidence, the 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, the Planning
Commission, hereby finds as follows:
(a) The project's situs address is 3079 Windmill Drive Road, Diamond Bar,
California. It is the vacant Lot 3 of Tract 50314, a 15 -lot subdivision with
graded buildable pads adjacent to the Country Estates approved by the
City Council on February 3, 1998. The lot is approximately 1.73 gross
acres and the buildable pad area is .48 acres. The pad area will remain
the same except for the 10 feet that will be expanded on the north side
to meet side yard setback requirements of 15 feet. The rectangular
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. There are also easements for access and street
purposes and an easement for sanitary and sewer purposes.
(b) The property contains protected/preserved trees, located outside of the
buildable pad located at the front, north side and the rear downward
sloping side of the property. Those trees include California Black
Walnuts, Sugar Gums, Mondell Pines, Coast Live Oaks, Scrub Oaks and
Mexican Elderberries.
(c) The property contains protected/preserved trees, located outside of the
buildable pad.
(d) The project site is zoned Single Family Residential -Minimum Lot Size
40,000 Square Feet (R-1-40,000). Its General Plan Land Use
designation is Rural Residential (RR), Maximum 1 DU/AC.
(e) Generally, the following zones surround the subject site: to the north,
south and east is R-1-40,000; and R-1-8,000 to the west.
(f) The application is a request to construct a two-story, single-family
residence with balconies, patio Porte-cochere and four car garage
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totaling to approximately 12,127square feet and a site retaining w all with
a maximum exposed height of six (6) feet.
ADMINISTRATIVE DEVELOPMENT REVIEW
(e) The design and layout of the proposed development are consiste t with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized are (e.g.,
theme areas, specific plans, community plans, boulevards, or planned
developments.
The General Plan was adopted on July 25, 1995, and the Fina I Tract
Map No. 50314 was approved on April 18, 2002. The p oposed 1 roject
complies with the City's General Plan objectives and stra tegies rel ted to
maintaining density, the integrity of residential neighborhoods and open
space, and the City's Design Guidelines.
The project is consistent with the Tract Map's Develop nj ent St
Furthermore, the proposed project is compatible with the
architectural style and design, materials, and colors of existin
within the surrounding area. There is no specth or c
community planned development for the site.
(f) The design and layout of the proposed development Will not in rfere
with the use and enjoyment of neighboring exioing or future
development will not create traffic or pedestrian hazards.
Tract Map No. 50314 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 traff . The
project site is an undeveloped lot within an approved trict desigr ed for
single-family homes.
Windmill Drive and access roads in the vicinity, Wagon Train Lar e and
Steeplechase Lane, adequately serve the project site. These private
streets are designed to handle minimum traffic created by resicfential
development. Therefore, the use of a single-family residence MY not
interfere with the use and enjoyment of neighboring existing or future
development will not create traffic or pedestrian hazards.
(g) The architectural design of the proposed development is�ompatib a 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 liesign
Guidelines, or any applicable specific plan.
3
The project's architectural features include a two storyportico%ntry with
columns and arch detail which is also used for the window treatment at
the garage wing; rear balcony with wrought iron railing; and stucco
exterior with stucco details of cornice and window treatments 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 off-white, beige and
terracotta 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 48487, 47850, and 50314, 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,
orwelfare or materially injurious (e.g., negative affect on propertyvaiues
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 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
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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 wi h the
provisions of the California Environmental Quality Act ( EQA).
The environmental evaluation shows that the propbsod prot is
consistent with the previously certified Master Environmental mpact
Report No. 97-1 for Tract Map No. 50314 according to the Ca ifornia
Environmental Quality Act of 1970 (CEQA) and guidelines promL Igated
thereunder, pursuant to Section 15162(a) of Article 11 of the Ca ifornia
Code of Regulation. No further environmental review i necessi iry.
5. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the fol owing
conditions:
(a) The project shall substantially conform to site plan, floor plans,
elevations, and materials/colors board collectively labeled as Exh bit "A"
dated January 28, 2003, as submitted and approved y the Pli inning
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 i
of use,
whether during or subsequent to construction, shall be clone
only
by the
property owner, applicant or by duly permitted waste contractor,
w
o has
been authorized by the City to provide collection, trarisportatioi,
and
disposal of solid waste from residential, commercial, c
nstruction,
and
industrial areas within the City. It shall be the applicant's
obligation
to
insure that the waste contractor utilized has obtained permits
fr
m the
City of Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall in tall tem orary
construction fencing pursuant to the Building and S fety Di ision's
requirements along the project site's perimeter. The fence shall i amain
at the buildable pad to ensure no construction equipment or de bris of
any kind is placed within the vegetated area until released y the
Planning Division and the balance shall remain until the Building Official
approves its removal. Sanitation facilities shall be rovided 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/dra'nage plan shall
be filed with the City's Public Works Division.
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(e) 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.
(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} Ballroom floor shall be designed to meet building code.
(k) Any future pool and spa or tennis court shall require separate permits.
(1) The single-family structure shall meet the 2001 California Codes:
Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical
Code, and the 2001 National Electrical Code requirements.
(m) The minimum design wind pressure shall be 80 miles per hour and "C"
exposure.
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PLANNING
(n) The single-family structure is located in "Fire Zone 4" and shall
following requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class �
be fire stopped at the eaves to preclude entry
members under the fire;
(2) All unenclosed under -floor areas shall be constri
walls;
(3) All openings into the attic, floor, and/or other enc
be covered with corrosion -resistant wire mesh
inch nor more than'/2 inch in any dimension exp
openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximur
(o) This single-family structure shall meet the State Ener
Standards.
(p) Smoke detectors shall be provided in all sleeping rc
(q) Prior to the issuance of any construction permits,
submit construction plans to the Los Angeles County
review and approval
BUYERS' AWARENESS:
(r} A condition of approval for Tract No. 50314 requires tl
"Buyers' Awareness Package." This includes, but is
1) Information pertaining to geologic issues regardi
2) Wildlife corridors;
3) Oak and walnut preservation issues;
4) The existence and constrains pertaining to Sigr
Area No. 15 and Tonner Canyon;
5) Explanatory information pertaining to restrictic
properties as necessary; and
6) Similar related matters.
A program was instituted to include delivery of a cop!
Awareness Package" to each prospective purchaser
incorporated a signed receipt by the prospective pui
receipt of the Package and that the prospective pur
information within the Package. This program also req
of this receipt be forwarded to the City. To ensure the
this program, it will be a condition of approval that the
to the City a copy of this receipt signed by the prospea
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; the roc
)f the fl
:ted as
sed are
of less
:pt whe
t the
shall
ie or
shall
3n 1/4
such
t'/z inch Ecreen.
ly Conse
vation
S.
applicar
t shall
Der)artrient
for
preparat on of a
)t limited o:
g the properties;
:icant Ec logical
s on usd of the
of the "Buyers'
This p
ogram
c,haser verifying
;teaser read
the
fired that
a copy
effectiveness
of
pplicant
ubmits
ive buyer
before
the issuance of Certificate of Occupancy. 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.) w
(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 50314
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) Applicant shall submit a detailed driveway design including pattern,
color, and landscaping for Planning Division review and approval.
(v) 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.
(w) 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.
(x) 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.
(y) 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 Deputy City Manager 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.
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(z)
This grant shall not be effective for any purpose until the permit
owner of the property involved (if other than the permittee) ha,
within fifteen (t 5) days of approval of this grant, at the City of D
Bar Community and Development Services Departmeint, their i
stating that they are aware and agree to accept all the condition:
grant. Further, this grant shall not be effective until the permitte
remaining City processing fees.
The Planning Commission shall.
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution,
Windmill Estates, LLC, owners, and applicant, Rich,
Torrance Boulevard, #300, Torrance, CA 90503.
APPROVED AND ADOPTED THIS 28th DAY OF JANUARY 2003, BY
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
` oe Ruzic a, Cha man
1, James DeStefano, Planning Commission Secretary, do hereby certify th,
Resolution was duly introduced, passed, and adopted by the Planning Commi
of Diamond Bar, at a regular meeting of the Planning Commission held on
January 2003, by the following vote:
AYES: Commissioners: Nolan, V/C Tye, Nelson, T
NOES:
ABSENT:
ABSTAIN:
E
r
t
1
ATTEST:
James D Stefano, Secretary
E
e and
filed,
mond
of this
pays
certifiedmail to
ould
G, t 3480
E PLANNING
the for going
pion of t e City
e 28th av of
roperty Dcate PLANNING COMMISSION
Calif ia, as RESOLUTION NO. 2003-
r
tesol ; the
ti A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ation." DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2(02-35,
s of the o'ect A REQUEST TO CONSTRUCT A TWO-STORY SINGLE FAMILY
flay bo J was RESIDENCE WITH BALCONIES, PATIO, PORTE COCHERE A D
ore the ublic FOUR CAR GARAGE TOTALING TO APPROXIMATELY 12,127
for this roj e SQUARE FEET, AND A SITE RETAINING WALL WITH AN EXPOSED
t APPROXIMATELY SIX FEET. THE PROJECT SITE IS LOCATED AT
Dail Iletin 3079 WINDMILL DRIVE (LOT 3, TRACT 50314), DIAMOI D BAR,
e vicini pf the CALIFORNIA.
A. RECITALS
The property owner, Windmill Estates, LLC and applicant, rd Goul
Rich filed an application for Development Review No. 2002-
35, for a at 3079 Windmill Drive, Diamond Bar, Los Angeles
Count) described in the title of this Resolution. Hereinafter in
this subject Development Review shall be referred to as the
On January 15, 2003,43 property owners within a 700 -foot
rac site were notified by mail and a notice of public hearing
on a dl posted at the project site and displayed at least 10
days b hearing. On January 17, 2003, notification of the
public hearir was made in the San Gabriel Valley Tribune
and Inland Vall newspapers. Additionally, three other sites
were posted within application.
3. On January 28, 2003, the Planning Commission of the City Diamo d Bar
conducted and concluded a duly noticed public hearing on th 4pplicat on.
B. RESOLUTION the PI nninp
NOW, THEREFORE, it is found, determined and resolved
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of th facts s t forth in
the Recitals, Part A, of this Resolution are true and correct.
The Planning Commission hereby determines that the project identified bove in
this Resolution is consistent with the previously certified aster Environmental
Impact Report No. 97-1 for Tract No. 50314 a -cording o the California
Environmental Quality Act of 1970 (CEQA) and guid lines
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 the Planning Commission that the project proposed herein will have the potential of an
adverse effect on wild life resources or the habitat upon which the wildlife
depends. Based upon substantial evidence; the 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, the Planning Commission,
hereby finds as follows:
(a) The project's situs address is 3079 Windmill Drive Road, Diamond Bar,
California. It is the vacant Lot 3 of Tract 50314, a 15 -lot subdivision
with graded buildable pads adjacent to the Country Estates approved
by the City Council on February 3, 1998: The lot is approximately 1.73
gross acres and the buildable pad area is.48 acres. The pad area will
remain the same except for the 10 feet that will be expanded on the
north side to meet side yard setback requirements of 15 feet. The
rectangular 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. There are also easements for access and street
purposes and an easement for sanitary and sewer purposes.
(b) The property contains protected/preserved trees, located outside of the
buildable pad located at the. front, north side and the rear downward
sloping side of the property. Those trees include California Black
Walnuts, Sugar Gums, Mondell Pines, Coast Live Oaks; Scrub Oaks
and Mexican Elderberries.
(c) The property contains protected/preserved trees, located outside of the
buildable pad.
(d) The project site is zoned Single Family Residential -Minimum Lot Size
40,000 Square Feet (R-1-40,000). Its General Plan Land Use
designation is Rural Residential (RR), Maximum 1 DU/AC.
(e) Generally, the following zones surround the subject site: to the north, south
and east is R-1-40,000; and R-1-8,000 to the west.
(f) The application is a request to construct a two-story, single-family residence
with balconies, patio porte-cochere and four car garage
K
>taling to approximately 12,127square feet and a site retaining w II with
a maximum exposed height of six (6) feet. ADMINISTRATIVE DEVELOPMENT REVIEW
(e) The design and layout of the proposed development ar- consiste t with
the General Plan, development standards of the applicable istrict,
design guidelines, and architectural criteria for specialized are (e.g.,
theme areas, specific plans, community plans, boulevards, or
planned developments.
The General Plan was adopted on July 25, 1995, and the Fina Tract
Map No. 50314 was approved on April 18, 2002. The p oposed project
complies with the City's General Plan objectives and stra egies rel ted
to maintaining density, the integrity of residential neighbor oods an
open space, and the City's Design Guidelines.
The project is consistent with the Tract Map's Develop entSt
Furthermore, the proposed project is compatible with the
architectural style and design, materials, and colors of existin
within the surrounding area. There is no specific or 6
community planned development for the site.
(f) The design and layout of the proposed development will not in rfere with the
use and enjoyment of neighboring exislting or future development will not
create traffic or pedestrian hazardp.
Tract Map No. 50314 Master Environmental Impact R port No. 97-1,
certified by the City, addresses the design and layout cif the
neighborhood as well as the flow of pedestrian and vehicular traff . The
project site is an undeveloped lot within an approved tract desig ed for
single-family homes.
Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane,
adequately serve the project site. These rivate
_ streets are designed to handle minimum traffic create by resi ential development. Therefore, the
use of a single-family residence ill not interfere with the use and
enjoyment of neighboring e-isting or future development will not create
traffic or pedestrian hazards.
(g) The architectural design of the proposed development is ompatib e with
the characteristics of the surrounding neighborhood arid will m intain
and enhance the harmonious, orderly and attractive develo ment
contemplated by Chapter 22.48, the General Plar-, City esign
)uidelines, or any applicable specific plan.
11
The project's architectural features include a two story portico%ntry
with columns and arch detail which is also used for the window
treatment at the garage wing, rear balcony with wrought iron railing,-
and
ailing,and stucco exterior with stucco details of cornice and window
treatments for styling. These features and the varying tile rooflines add
The proposed materialslcolors board was compared with previously
approved boards in the vicinity. The combinations of off-white, beige
and terracotta 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 48487, 47850, and 50314,
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 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. 8y maintaining the allowed height requirements, the
proposed residential structure allows view corridors for the
12
,7eighboring properties. Therefore, the proposed residence will of be significantly detrimental with
espect to view blockage impact.
Q) The proposed project has been reviewed in compliance wi h the provisions of the California
Environmental Quality Act (i EQA).
The environmental evaluation shows that the pro osed pr 'ect
consistent with the previously certified Master Envi onmenta mp
Report No. 97-1 for Tract Map No. 50314 according the Ca ifor
Environmental Quality Act of 1970 (CEQA) and guide nes prorn Iga
thereunder, pursuant to Section 15162(x) of Article 1 r f the C ifor
Code of Regulation. No further environmental review i necess V.
5. Based upon the findings and conclusion set forth abov , the PI rning Co miss
hereby approves this Application subject t- the folowing condi ons:
(a) The project shall substantially conform to site plan, floor plans, el vatio
and materials/colors board collectively label -d as EX h bit "A" da
January 28, 2003, as submitted and approved I y the F11 nn
Commission, and as amended herein.
(b) The subject site shall be maintained in
condit
(c) Before construction begins, the applicant shall install tem orary
construction fencing pursuant to the Building and Safety Di ision's
requirements along the project site's perimeter. The fe ce shall Main at
the buildable pad to ensure no construction equipm nt or d bris of any
kind is placed within the vegetated area until r leased y the Planning
Division and the balance shall remain until the Building Official
approves its removal. Sanitation facilities shall be rovided during
construction.
both during and afterthe construction, addition, or imple
mentatio
of the
entitlement granted herein. The removal of all trash, de
bris, and
efuse
whether during or subsequent to construction, shall be
one only
b
th
property owner, applicant or by duly permitted waste con
tractor,
M
o has
been authorized by the City to provide collection, tra s ortati
and
disposal of solid waste from residential, commercial, c nstructi
, and
industrial areas within the City. It shall be the applic is obliga
tion
t
insure that the waste contractor utilized has obtained d2rmits fr
m th
City of Diamond Bar to provide such services.
(c) Before construction begins, the applicant shall install tem orary
construction fencing pursuant to the Building and Safety Di ision's
requirements along the project site's perimeter. The fe ce shall Main at
the buildable pad to ensure no construction equipm nt or d bris of any
kind is placed within the vegetated area until r leased y the Planning
Division and the balance shall remain until the Building Official
approves its removal. Sanitation facilities shall be rovided during
construction.
PUBLIC WORKS
(d) A grading plan review and approval is required for out/fill qu ntities greater
than 50 cubic yards, otherwise a fine grade/dra'nage pla shall be filed
with the City's Public Works Division.
(e) 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.
(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) Ballroom floor shall be designed to meet building code.
(k) Any future pool and spa or tennis court shall require separate permits. (1)
The single-family structure shall meet the 2001 California Codes: Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the
2001 National Electrical Code requirements.
(m) The minimum design wind pressure shall be 80 miles per hour and "C"
exposure.
(n) The single-family structure is located in
following requirements of that fire zone:
Class A";
the roo
s shall
rdan
"Fi
I
r
1 All roof covering shal
be fire stopped at the eaves to preclude entry
of the fl
me o
members under the fire;
(2) All unenclosed under -floor areas shall be constru
cted as
xterio
walls
(3) All openings into the attic, floor, and/or other encl
osed s shall
are
be covered with corrosion -resistant wire mesh i
iot less
an '/
inch nor more than -/2 inch in any dimension ex
e t whe
such
openings are equipped with sash or door;
4 Chimneys shall haves ark arresters of maximu
72 inch creen.
o This single-family structure shall meet the State Ener
Cons
ation
Standards.
Smoke detectors shall be provided in all sleeping roc
S.
Prior to the issuance of any construction permits, th
a Iic
t shall
submit construction plans to the Los Angeles Count Fir
; Depar
ent for
review and approval.
PLANNING
BUYERS' AWARENESS:
r A condition of approval for Tract No. 50314 requires the
re ara
n of
"Buyers' Awareness Package." This includes, but is
t limited
o :
1) Information pertaining to geologic issues regardi g the properties; 2)
Wildlife corridors;
3) Oak and walnut preservation issues;
4) The existence and constrains pertaining to Signi icant Ecological
Area No. 15 and Tonner Canyon;
5) Explanatory information pertaining to restrictio Is on us of the
properties as necessary; and
6) Similar related matters.
A program was instituted to include delivery of a cop of the " uyers'
Awareness Package" to each prospective purchaser This p ogram
incorporated a signed receipt by the prospective purchaser v rifying
receipt of the Package and that the prospective purchaser read the
information within the Package. This program also required tha a copy
of this receipt be forwarded to the City. To ensure the effective less of
this program, it will be a condition of approval that the applicant ubmits
to the City a copy of this receipt signed by the prospective buye before
7
the issuance of Certificate of Occupancy. 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 50314
and delineate the type of planting materials, color, size, quantity and
location. Landscape and irrigation shall be instalied within six (6)
months of the Certificate of Occupancy issuance.
(u) Applicant shall submit a detailed driveway design including pattern, color, and
landscaping for Planning Division review and approval.
(v) 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.
(w) 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
(x) 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
perm it.
(y) 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 Deputy City Manager
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.
(z) This grant shall not be effective for any purpose until the permit ee and
owner of the property involved (if other than the perrriittee) have filed
within fifteen (15) days of approval of this grant, at the'City of D amond
Bar Community and Development Services Department, their ffidavit
stating that they are aware and agree to accept all the condition of this
grant. Further, this grant shall not be effective until th( permit tee pays
remaining City processing fees.
'fanning Commission shall.
�rtify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, b certified mail to
Windmill Estates, LLC, owners, and applicant, Richard Gould, t 3480
Torrance Boulevard, #300, Torrance, CA 90503.
APPROVED AND ADOPTED THIS 28th DAY OF JANUARY 2003, BY THE PLA NING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY'. " ' oe Ruzicl a, Chai man
I, James DeStefano, Planning Commission Secretary, do hereby certify that the for going
Resolution was duly introduced, passed, and adopted by the Planning Commission of t e
City of Diamond Bar, at a regular meeting of the Planning Commission held on he 28th ay
of January 2003, by the following vote:
AYES: Commissioners: Nolan, V/C Tye, Nelson,
NOES:
ABSENT:
ABSTAIN-, ATTEST:
James D Stefano, Secretary