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HomeMy WebLinkAboutPC 2003-10PLANNING COMMISSION RESOLUTION NO. 2003-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE C TY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2 03-01, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PATIO, PORCH AND ATT CHED FOUR CAR GARAGE TOTALING TO APPROXIMATELY 0,643 SQUARE FEET AND A SITE RETAINING WALL WITH AN EXP OSED HEIGHT OF APPROXIMATELY SIX FEET. THE PROJECT S TE IS LOCATED AT 3099 WINDMILL DRIVE (LOT 5, TRACT 7314), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Windmill Estates, LLC, and applicant, Ri hard G uld, have filed an application for Development Review No. 20D3-01, for a property located at 3099 Windmill Drive, Diamond Bar, Los An eles County, California, as described in the title of this Resolution. Herei after in this Resolution, the subject Development Review shall be refer r d to as the "Application." 2. On April 24, 2003, 68 property owners within a 700 -foot radius f the project site were notified by mail and a notice of public hearing on a isplay b and was posted at the project site and displayed at least 10 da before the public hearing. On April 29, 2003, notification of the public hearing for his project was made in the San Gabriel Valle.y Tribune and Inlanc Valley Daily Bulletin newspapers. Additionally, three other sites were post d within the vicinity of the application. 3. On May 13, 2003 the Planning Commission of the City of iamond at conducted and concluded a duly noticed public hearing on the Applicati n. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of forth in the Recitals, Part A, of this Resolution are true and co 2. The Planning Commission hereby determines that the proj above in this Resolution is consistent with the previously cel Environmental Impact Report No. 97-1 for Tract No. 50314 acc California Environmental Quality Act of 1970 (CEQA) an e Planning facts tet :t identifi `ied Mas rding to t guidelin 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 site address is 3099 Windmill Drive, Diamond Bar, California. It is the vacant Lot 5 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 1.77 gross acres and the buildable pad area is .50 acres. The pad area will remain the same except for the 13 feet that will be expanded on the north side yard to provide for required backout area for the garage which is perpendicular to the driveway. 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 according to the mitigation monitoring plan, 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 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. (d) 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. K (e) The application is a request to construct a two-story, single -ft mily residence with balconies, patio, porch and attached four car ga age totaling to approximately 10,643 square feet and a site retaining wall with a maximum exposed height of six (6) feet. ADMINISTRATIVE DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consiE tent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria fc r special zed area (e.g., theme areas, specific plans, community plans, boulevE rds, or planned developments. The General Plan was adopted on July 25, 1995, and the Final Map No. 50314 was approved on April 18, 2002. The prof project complies with the City's General Plan objectives andstrai related to maintaining density, the integrity of resid neighborhoods and open space, and the City's Design Guideli The project is consistent with the Tract Map's evelopent Standards. Furthermore, the proposed project is comp tible with the eclectic architectural style and design, materials, a d color of existing homes within the surrounding area. There is r o specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interlere with the use and enjoyment of neighboring existi g or fure development will not create traffic or pedestrian hazard $. 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 traffic. The project site is an undeveloped lot within an approved tiact designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagor Train Lane and Steeplechase Lane, adequately serve the project site as reviewed in the Certified EIR 97-1. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will of interfere with the use and enjoyment of neighboring existing or futl ire development will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain 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 the portico%ntry with round arches supported by stylized columns, balconies with baluster railings, a bay window, quoins and a stucco exterior with stucco details of cornice and window treatments for styling. These features and the varying 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 palette and the building's architecture blend and complement the overall streetscape. 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. 4 Additionally, the terrain in the vicinity of Windmill Driv subject site is at the middle of the tract and at a lower, its northerly neighbors are. By maintaining the a requirements, the proposed residential structure allows for the neighboring properties. Therefore, the proposea not be significantly detrimental with respect to view blo is hilly. I The evation rhan awed h laht (j) The proposed project has been reviewed in complitEQA). ce with the provisions of the California Environmental Quality Act The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map Nos. 50314 according to he Calitc nia Environmental Quality Act of 1970 (CEQA) and guide! nes promulgated thereunder, pursuant to Section 15162(a) ofArticle1 of the California Code of Regulation. No further environmental revi w is necessary. 5. Based upon the findings and conclusion set forth above, 1he Planriing 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 May, 13 2003, 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, iddition, or implementation of the entitlement granted herein. Ther moval ol all trash, debris, and refuse, whether during or sut sequent to construction, shall be done only by the property owner, a plicant o by duly permitted waste contractor, who has been authorize J by the G ity to provide collection, transportation, and disposal of solic I waste fr m residential, commercial, construction, and industrial areas within he City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of E iamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safe y Divisio 's requirements along the project site's perimeter. The fences all 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 Buildina 5 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) 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. (f) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (g) 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. (h) Driveway slope shall be shown on plans. BUILDING AND SAFETY (i) The Building and Safety Division shall review retaining walls: (1) Retaining wall shall not be constructed of wood or wood products; (2) Retaining wail 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 wall exposed height shall not exceed six feet 0) Dirty kitchen shall not be used as a second unit. 0 PLANNING (k) Any future pool and spa or tennis court shall require separate per its. (1) The single-family structure shall meet the 2001 California Co es: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirem gnts. (m) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (n) The single-family structure is located in "Fire Zone 4" a�d shall Teet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; tileroofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All unenclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other en losed a eas shall be covered with corrosion -resistant wire rr esh not ess than 1/4 inch nor more than 1/2 inch in any dime sion except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 nch screen. (o) This single-family structure shall meet the State Energyonsery ion Standards. (p) Smoke detectors shall be provided in all sleeping (q) Prior to the issuance of any construction permits, thea plicant all submit construction plans to the Los Angeles County Fir Depart ent for review and approval. BUYERS' AWARENESS (r) A condition of approval for Tract No. 50314 requires tho prepara on of a "Buyers' Awareness Package". This includes, but s not lim ed to: 1. Information pertaining to geologic issues regarding properties; 2. Wildlife corridors; 3. Oak and walnut preservation issues; 7 4. The existence and constraints pertaining to Significant Ecological Area No. 15 and Tonner Canyon; 5. Explanatory information pertaining to restrictions on use of the properties as necessary; 6. And, similar related matters. (s) Applicant shall deliver a copy of the "Buyers' Awareness Package" to each prospective purchaser. A signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the information within the Package shall be forwarded to the City. Applicant shall submit to the City a copy of this receipt signed by the prospective 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.) (t) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (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 54314 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. (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. E (y) The owner shall complete and record a "Covenant and greeme t to Maintain a Single Family Residence" on a form to be pr vided 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 exercise- d (i.e., construction) within that period or this grant shall xpire. Aone- (1) year extension may be approved when submitted to the Ci :y in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed ptiblic hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (aa) This grant shall not be effective for any purpose until the perm ttee and owner of the property involved (if other than the permittee) I iave filed, within fifteen (15) days of approval of this grant, at the Ci y of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to ccept al the conditions of this grant. Further, this grant shall not be ffective ntil the permittee pays 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, by certifiedail to Windmill Estates, LLC, owners, and applicant, Rich rd Goul , at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 13th DAY OF MAY 2003, BY TH� PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: t Ste Tye, Chairm n 1 �fl I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of May 2003, by the following vote: ATTEST: AYES: Commissioners: Ruzicka, WC Nolan, Nelson, Tanaka, C/Tye NOES: None ABSENT: None ABSTAIN: None 10 -ANNING COMMISSION RESOLUTION NO. 2003-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE C TY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2(03-01, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE -F MILY RESIDENCE WITH BALCONIES, PATIO, PORCH AND ATT CHED FOUR CAR GARAGE TOTALING TO APPROXIMATELY 0,643 SQUARE FEET AND A SITE RETAINING WALL WITH AN EX SED HEIGHT OF APPROXIMATELY SIX FEET. THE PROJECT S TE IS LOCATED AT 3099 WINDMILL DRIVE (LOT 5, TRACT 5 314), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Ri hard G uld, have filed an application for Development Review No. 2003-01, f (or a property located at 3099 Windmill Drive, Diamond Bar, Los Angeles Co nty, California, as described in the title of this Resolution. Herei after in his Resolution, the subject Development Review shall be referr d to as the "Application." 2. On April 24, 2003, 68 property owners within a 700 -foot radius f the pro ect site were notified by mail and a notice of public hearing on a isplay b card was posted at the project site and displayed at least 10 da before the public hearing. On April 29, 2003, notification of the public hearing for his project was made in the San Gabriel Valley Tribune and Inlan Valle D it Bulletin newspapers. Additionally, three other sites were post ?d within he vicinity of the application. On May 13, 2003 the Planning Commission of the City of C-iamond conducted and concluded a duly noticed public hearing on thelApplica B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by Pla Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of fac forth in the Recitals, Part A, of this Resolution are true and co 2. The Planning Commission hereby determines that the p above in this Resolution is consistent with the previously Environmental Impact Report No. 97-1 for Tract No. 50314, t California Environmental Quality Act of 1970 (CEQA) 9 promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the Californi< Code of Regulations. No further environment review is necessary. 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 site address is 3099 Windmill Drive, Diamond Bar, California. It is the vacant Lot 5 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 1.77 gross acres and the buildable pad area is .50 acres. The pad area will remain the same except for the 13 feet that will be expanded on the north side yard to provide for required backout area for the garage which is perpendicular to the driveway. 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 according to the mitigation monitoring plan, 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 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. (d) 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. (e) The application is a request to construct a two-story, singli residence with balconies, patio, porch and attached fo r car totaling to approximately 10,643 square feet and a site retain with a maximum exposed height of six (6) feet. NISTRATIVE DEVELOPMENT REVIEW (e) The design and layout of the proposed development with the General Plan, development standards of district, design guideiines, and architectural criteria area (e.g., theme areas, specific plans, community plai or planned developments. The General Plan was adopted on July 25, 1995, and t e Final Map No. 50314 was approved on April 18, 2002. e proF project complies with the City's General Plan objectives and strat related to maintaining density, the integrity o resid neighborhoods and open space, and the City's Design Guidelii The project is consistent with the Tract Map's eve) Standards. Furthermore, the proposed project is comp tible eclectic architectural style and design, materials, a 17d cc o IR�gio i 'tf �u i1 `h tkb spi f site layout vehicular approved (f) The design and layout of the proposed development will not it with the use and enjoyment of neighboring existi g or development will not create traffic or pedestrian hazard . Tract Map No. 50314 Master Environmental Impact Rep rt No. f certified by the City, addresses the design and of neighborhood as well as the flow of pedestrian and tr: The project site is an undeveloped lot within an designed for single-family homes. Windmill Drive and access roads in the vicinity, Train L, and Steeplechase Lane, adequately serve the site reviewed in the Certified EIR 97-1. These private streets designed to handle minimum traffic created by resider development. Therefore, the use of a single-family resid nce will with the use and enjoyment of neighboring or (g) The architectural design of the proposed development is I compa with the characteristics of the surrounding neighborhood and maintain and enhance the harmonious, orderly an -1 attrac development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project's architectural features include the portico%ntry with round arches supported by stylized columns, balconies with baluster railings, a bay window, quoins and a stucco exterior with stucco details of cornice and window treatments for styling. These features and the varying rooflines add texture and contrast. The proposed materiatslcolors board was compared with previously approved boards in the vicinity. The combinations of off-white, beige palette and the building's architecture blend and complement the overall streetscape. 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 (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. 0 Additionally, the terrain in the vicinity of Windmill Driv is hilly. The subject site is at the middle of the tract and at a lower elevation han its northerly neighbors are. By maintaining the al owed h ight requirements, the proposed residential structure allows iew corr ors for the neighboring properties. Therefore, the proposed residenc will not be significantly detrimental with respect to view bloc kage im Q) The proposed project has been reviewed in complianc with th provisions of the California Environmental Quality Act ( EQA). The environmental evaluation shows that the proposed proje t consistent with the previously certified Master Environmental 1 )act Report No. 97-1 for Tract Map Nos. 50314 accordi g to he nia Environmental Quality Act of 1970 (CEQA) at, guidel no promulgated thereunder, pursuant to Section 15162(x)f Article 1 the California Code of Regulation. No further environm ntal revi w necessary. 5. Based upon the findings and conclusion sel forth Commission hereby approves this Application subject t he foll ingl conditions: a The project shall substantially conform to site plan, floor pl ns, elevations, and materials/colors board collectivel labelec a Exhibit "A" dated May, 13 2003, as submitted and app oved b th Planning Commission, and as amended herein. b The subject site shall be maintained in a condition th at is fre o debris both during and after the construction, ddition, o implementation of the entitlement granted herein. The r moval o all trash, debris, and refuse, whether during or su se uen t construction, shall be done only by the property owner, ap plicant o b duly permitted waste contractor, who has been authorize by th it to provide collection, transportation, and disposal of soli waste fr m residential, commercial, construction, and industrial are s within h City. It shall be theapplicant's obligation to insure th t the wa st contractor utilized has obtained permits from the City o iamonc a to provide such services. c Before construction begins, the applicant shall instal tempo r construction fencing pursuant to the Building and Safe Divisi ' requirements along the project site's perimeter. The fence sall remain at the buildable pad to ensure no construction quipme o debris of an kind is laced within the vegetated area until release b the Planning Division and the balance shall remain until he Buildil n 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) 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. (f) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (g) 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. (h) Driveway slope shall be shown on plans. BUILDING AND SAFETY (i) The Building and Safety Division shall review retaining walls: (1) Retaining wall shall not be constructed of wood or wood products; (2) Retaining wall 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 wall exposed height shall not exceed six feet (j) Dirty kitchen shall not be used as a second unit. 9 k) Any future pool and spa or tennis court shall require (1) The single -family structure shall meet the 2001 1 Jniform Building Code, Uniform Plumbing Code, Ur Code, and the 2001 National lectrical Code requi (m) The minimum design wind pressure shall be 80 miles per hou "C" exposure. (n) The single-family structure is located in "Fire Zone 4" a -d shall 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; unenclosed under -floor areas shall be co structe as exterior walls; (3) All openings into the attic, floor, and/or other enclosed a leas shall be covered with corrosion -resistant wire esh not ess than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; imneys shall have spark arresters of maxi um 1/2 inch screen. is single-family structure shall meet the State Energy onsery ion Standards. PLANNING (p) Smoke detectors shall be provided in all sleeping (q) Prior to the issuance of any construction permits, the submit construction plans to the Los Angeles County F for review and approval. BUYERS' AWARENESS (r) A condition of approval for Tract No. 50314 requires th- prep of a "Buyers' Awareness Package". This includes, but s not to: Information pertaining to geologic issues re arding properties; Wildlife corridors; Oak and walnut preservation issues; 7 4. The existence and constraints pertaining to Significant Ecological Area No. 15 and Tonner Canyon; 5. Explanatory information pertaining to restrictions on use of the properties as necessary; 6. And, similar related matters. (s) Applicant shall deliver a copy of the "Buyers' Awareness Package" to each prospective purchaser. A signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the information within the Package shall be forwarded to the City. Applicant shall submit to the City a copy of this receipt signed by the prospective 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, pooUspa, retaining walls, (t) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (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 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. (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' The Planning Commission shall. (a) Certify to the adoption of this Resolution; and an (b) Forthwith transmit a certified copy of this Resolution by certified ail to Windmill Estates, LLC, owners, and applicant, Rich rd Goul at 3480 Torrance Boulevard, #300, Torrance, CA 90503. Maintain a Single Family Residence" on a form to be pi vided b the City. The covenant must be completed and recordec with the Los Angeles County's Recorder's Office prior to the issuanc e of a buil din perm it. z This grant is valid for two 2 ears and shall e exercised i.e., construction within that period or this grant shall e x ire. Dne. 1 year extension may be approved when submitted o the Ci y in writing at least 60 days prior to the expiration date. Th Deputy Cit Manager will consider the extension request at a dul oticed p bli hearing in accordance with Chapter 22.72 of the City of Diamor Ba Development Code. as This grant shall not be effective for any purpose until he perm tte and owner of the property involved if other than the p mittee filed, within fifteen 15 days of approval of this rant, at the Ci jent Diamond Bar Communityand Development Service Depar their affidavit stating that they are aware and agree to accep a the conditions of this grant. Further, this grant shall not be effectiVE ntil the permittee pays remaining City processingfees. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution by certified ail to Windmill Estates, LLC, owners, and applicant, Rich rd Goul at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 13th DAY OF MAY 2003, BY TH NG COMMISSION OF THE CITY OF DIAMOND BAR. BY: Ste Tye, Chairm n we I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of May 2003, by the following vote: AYES: Commissioners: Ruzicka, WC Nolan, Nelson, Tanaka, CITye NOES: None ABSENT: None ABSTAIN: None ATTEST 1