Loading...
HomeMy WebLinkAboutPC 2003-17PLANNING COMMISSION RESOLUTION NO. 2003-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAN OND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-03, A REQUEst TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 10,169 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, FIVE CAR GARAGE, AND A SITE RETAINING WALL WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT ADDRESS IS 3087 WINDMILL DRIVE (LOT 4, TRACT 50314), DIAMOND BAR, 7ALIFOINIA. A. BECITALS The property owner, Windmill Estates, LLC, and applicant, R chard Gould, have filed an application for Development Review No. 2003-03, f r a property located at 3087 Windmill Drive, Diamond Bar, Los An jeles Co nty, California, as described in the title of this Resolution. Here nafter in this Resolution, the subject Development Review shall be refer ed to as the "Application." 2. On June 3, 2003, 70 property owners within a 500 -foot radius f the project site were notified by mail and three other sites were posted in the application's vicinity. On June 10, 2003, notification of the publ'c hearing for this project was made in the San Gabriel Valley Tribune new paper arid a notice of public hearing on a display board was posted at the site. On June 12, notification of the public hearing for this project was made in the Inland Vallev Daily Bulletin newspaper. 3. On June 24, 2003, the Planning Commission of the City of I iamond 3ar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved byte Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts bet forth in the Recitals, Part A, of this Resolution are true and con ect. 2. The Planning Commission hereby determines that the project identifi d above in this Resolution is consistent with the previously cert i ied Mas er Environmental Impact Report No. 97-1 for Tract Map No. 50314, Iccording to the California Environmental Quality Act of 1970 (CEQA) an g1 ofin s 1 promulgated thereunder, pursuant to Section 15162(a) of Artic a 11 oft ie California Code of Regulation. No further environmental review isl necessa 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 address is 3087 Windmill Drive, Diamond Bar, California. It is vacant Lot 4 of Tract 50314 and part of a 15 -lot subdivision, with graded buildable pads adjacent to The Country Estates, which was approved February 3, 1998, by the City Council. The near rectangular shaped lot has two flat buildable pads and the balanceof 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 1.73 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 10,169 gross square feet including balconies, porch, five car garage, and a site retaining wall with a maximum exposed height of six feet. 2 1 1 1 DEVELOPMENT REVIEW (e) The design and layout of the proposed development are cons stent with the General Plan, development standards of ihe appli able district, design guidelines, and architectural criteria f r specialized area (e.g., theme areas, specific plans, community plas, boulevards, or planned developments. Originally, Tract Map No. 50314 was approved as a Ve ting Teni ative Tract Map on February 3, 1998. The adopted Ge eral Plan of July 25, 1995, has a land use designation of Rural Re 5idential RR) (1 du/acre). The tract is approximately 39 acres divid4 id into 1 lots which complies with the City's General Plan objectives #nd strat g' s related to maintaining the integrity of residential neigh orhoods and open space. The project is consistent with the Tract Map's Development 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 170 specific or additional community planned development for the site (f) The design and layout of the proposed development will not inte with the use and enjoyment of neighboring), existir g or fu ere ure development will not create traffic or pedestrian lhazards. Tract Map No. 50314's Master Environmental lm�act Re ort No. 9 -1, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and ve 'cular tra; Wc. The project site is an undeveloped lot within) an ap roved tact designed for single-family homes. Windmill Drive and access roads in the vicinity, 'Steep) chase 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 neighborg existing or future development, and will not create, traffic pedestr n hazards. (g) The architectural design of the proposed development is compa with the characteristics of the surrounding neighborhood and maintain and enhance the harmonious, orderly and attrac development contemplated by Chapter 22.8, the', General Plan, 4 Design Guidelines, or any applicable specific plan. K3 The project's architectural features include: The project's architectural features include: a two story portico%ntry with columns; balconies with French doors and precast concrete balusters front and back; quoins at the corners of the structure; stucco and stone exteriors at the front; and stucco window moldings 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 combination of Navajo white, beige, and terracotta color 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 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 Drive is hilly. The subject site is at the end of the tract and at a lower e1r= vation th n its northerly neighbors are. By maintaining the a lowed height requirements, the proposed residential structure allows view con 'dors 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 'compli nce wit the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that the propos-ed prof t is consistent with the previously certified Master 8nviron ental l act Report No. 97-1 for Tract Map No. 50314 according to the Calif mia Environmental Quality Act of 1970 (CEQA) and guide 'nes Promulgated thereunder, pursuant to Section 151162(a) ofArticle 1 of the Califomia Code of Regulation. No further enjvironm ntalrevie,wis necessary. 5. Based upon the findings and conclusion set forthbove, he Plan ping Commission hereby approves this Application subject to ihe following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled Exhibit "A" dated June 24, 2003, as submitted and approved by i he Planr ing Commission, and as amended herein. (b) The subject site shall be maintained in a contrition that is freE debris both during and after the construction, addition, of or implementation of the entitlement granted herein'. Theremoval ol all trash, debris, and refuse, whether during or su sequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been a thorized by the Gity to provide collection, transportation, and disposa of solic waste from residential, commercial, construction, and indust ial areas within 1he City. It shall be the applicant's obligation to insure thelt the wa to contractor utilized has obtained permits from the City ofiamond ar to provide such services. (c) Before construction begins, the applicant shall install temporE ry construction fencing pursuant to the Building and Safety Divisioi 's requirements along the project site's perimeter. the fence shall 1 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/BUILDING AND SAFETY (d) Prior to issuance of a building permit, a fine grade/drainage plan shall be filed with the City's Public Works Division that has been approved by the Geotechnical Engineer of Record. (e) Prior to issuance of a building permit, a Final Grading certificate for the Lot 4 of Tract 50314 shall be submitted to the Public Works Division for review and approval. (f) Applicant shall show the Slope and Drainage Maintenance Easement on site plan and follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15 through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (h) if applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. 0) Driveway slope shall be shown on plans. (k) The Building and Safety Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; 6 (2) Retaining wails shall be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with etaining alls; (4) Indicate retaining wall locations on grading plar with star lard 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 excee six feet (I) The single-family structure shall meet the 2001 Cali ornia Cc des: Uniform Building Code, Uniform Plumbing Code, Uniform Mechariical Code, and the 1998 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 "Fire Zone 4" aid shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the r ofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be coinstruct d as ext rior walls; 1 (3) All openings into the attic, floor, and/or o ther en losed ar as shall be covered with corrosion -resistant wire mesh not I ss than 1/a inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash ordoor; (4) Chimneys shall have spark arresters of maxium 1/2 i ch screen. (o) This single-family structure shall meet the State Energy Conservaifor Standards. (p) Smoke detectors shall be provided in all sleepingIroomE. (q) Building setback from any slope (top or to ) shal meet he requirements of Section 18 of the 2001 Californi Buildi g Code. (r} Prior to the issuance of any construction permitsF the ap licant shall submit construction plans to the Los Angeles County Fire Department for review and approval. 7 PLANNING (s) 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.) (t) Applicant shall make application to the Walnut Valley Water District for Fire Flow as necessary and submit their approval to the Planning Division prior to the issuance of building permits. (u) Applicant shall install off-white garage door and add it to the decorative color board/palette. (v) 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. �— (w) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (x) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (y) 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. (z) 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. 3 I, James DeStefano, Planning Commission Secretary, do hereby certify that the fo Resolution was duly introduced, passed, and adopted, at a regular meeting f the F Commission held on the 24th day of June, 2003, by the following vote: AYES: Commissioners: Ruzicka, WC Nolan, Tanalka, Chair Tye NOES: Commissioner: ABSENT: Commissioner: Nelson ABSTAIN: Commissioner: ATTEST: 10 ing ing 1 II � (aa) 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. (bb) 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. (cc) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Gime 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 THE 24th DAY OF JUNE 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: eve Tye, Che, rman tii PLANNING COMMISSION RESOLUTION NO. 2003-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIA OND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-03, A •EQUES TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 10,169 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, FIVE CAR GARAGE, AND A SITE RETAINING WALL WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT DDRE S IS 3087 WINDMILL DRIVE (LOT 4, TRACT 50314), DIAMOND BAR, ALIFOHNIA. A. RECITALS The property owner, Windmill Estates, LLC, and applicant, M chard G uld, have filed an application for Development Review No. 2003-03, f r a property located at 3087 Windmill Drive, Diamond Bar, Los An eles Co nty, California, as described in the title of this Resolution. Here nafter in this Resolution, the subject Development Review shall be refer ed to as the "Application." 2. On June 3, 2003, 70 property owners within a 500 -foot radius f the project site were notified by mail and three other sites were posted in the application's vicinity. On June 10, 2003, notification of the public hearing for this project was made in the San Gabriel Valley Tribune newspaper and a notice of public hearing on a display board was posted at the site. On June 12, notification of the public hearing for this project was made in the Inland Valley Daily Bulletin newspaper. 3. On June 24, 2003, the Planning Commission of the City of iamond ar conducted and concluded a duly noticed public hearing on the Applicat n. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Plarn Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of a facts forth in the Recitals, Part A, of this Resolution are true and con ect. 2. The Planning Commission hereby determines that the proje t identi above in this Resolution is consistent with the previously certi iied Ma; Environmental Impact Report No. 97-1 for Tract Map No. 50314 ccordini the California Environmental Quality Act of 1970 (CEQA) an guidelu promulgated thereunder, pursuant to Section 15162(a) of Artic a 11 of Ca!ifornia Code of Regulation. No further environmental review is necess- 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 address is 3087 Windmill Drive, Diamond Bar, California. It is vacant Lot 4 of Tract 50314 and part of a 15 -lot subdivision, with graded buildable pads adjacent to The Country Estates, which was approved February 3, 1998, by the City Council. The near rectangular 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 1.73 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 10,169 gross square feet including balconies, porch, five car garage, and a site retaining wall with a maximum exposed height of six feet. 2 DEVELOPMENT REVIEW (e) The design and layout of the proposed development with the General Plan, development standards of district, design guidelines, and architectural criteria area (e.g., theme areas, specific plans, community plat or planned developments. Originally, Tract Map No. 50314 was approved as a Vesting Ten five Tract Map on February 3, 1998. The adopted Ge.eral PI n of July 25, 1995, has a land use designation of Rural Residential RR) (1 du/acre). The tract is approximately 39 acres divided into 1 lots which complies with the City's General Plan objectives nd strat gies 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 comp tible wit the eclectic architectural style and design, materials, a d color of existing homes within the surrounding area. There is o specif or additional community planned development for the site (f) The design and layout of the proposed development wil not inte ere with the use and enjoyment of neighboring! exist i g or future development will not create traffic or pedestrian,hazard . TractMapNo.50314'sMasterEnvironmentallmpactRe ortNo.9 -1, certified by the City, addresses the design and layout of he neighborhood as well as the flow of pedestrian and vehicular tra ft, The project site is an undeveloped lot within! an approved b act designed for single -family homes. Windmill Drive and access roads in the vicinity, I$teepl chase La and Wagon Train Lane, adequately serve the project site. The private streets are designed to handle minimum traffic created residential development. Therefore, the use of a single-far residence will not interfere with the use and enjoyment of eighbot existing or future development, and will not create, traffic pedestr hazards. (g) The architectural design of the proposed development is compa with the characteristics of the surrounding neighborhood and maintain and enhance the harmonious, orderly an attra< development contemplated by Chapter 22.48, the', Gener I Plan, Design Guidelines, or any applicable specific plan. 3 The project's architectural features include: The project's architectural features include: a two story portico%ntry with columns; balconies with French doors and precast concrete balusters front and back; quoins at the corners of the structure; stucco and stone exteriors at the front; and stucco window moldings 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 combination of Navajo white, beige, and terracotta color 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. he follow ing Structural plan check, City permits, and inspections; soils report and floor pla ns Fire Department approvals, are required for d Exhibit "A" construction. These he Plan in processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially at is fire of injurious to the or properties or improvements in the vicinity. all 4 Additionally, the terrain in the vicinity of windmill Driv e is hilly The subject site is at the end of the tract and at a lower el an its vation th duly permitted waste contractor, who has been at thorize northerly neighbors are. By maintaining 'the al lowed h eight requirements, the proposed residential structure allow view cot 'dots for the neighboring properties. Therefore, the propose residenc e will not be significantly detrimental with respect to view blo kage im pact. Q) The proposed project has been reviewed in complia nce wit the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that thel propos ed proj t is consistent with the previously certified Master Inviron ental I act Report No. 97-1 for Tract Map No. 50314 according to the Calif rnia Environmental Quality Act of 1970 (CEQA) an guidenes remain at the buildable pad to ensure no construction equipment promulgated thereunder, pursuant to Section 19162(a) fArticle 1 of the California Code of Regulation. No further er—vironm ntal revi w is necessary. the Planning Division and the balance shall remain until the 5. Based upon the findings and conclusion set forth " above he Plan i , ng Commission hereby approves this Application subject to he follow ing conditions: I (a) The project shall substantially conform to site plan, floor pla ns elevations, and materials/colors board collectively label d Exhibit "A" dated June 24, 2003, as submitted and approved by he Plan in 9 Commission, and as amended herein. (b) The subject site shall be maintained in a condition th at is fire of debris both during and after the construction, ddition or implementation of the entitlement granted hereini. The r all moval o trash, debris, and refuse, whether during —,or su sequent to construction, shall be done only by the property owner, a plicant o by duly permitted waste contractor, who has been at thorize by the ity to provide collection, transportation, and disposal of soli waste fir om residential, commercial, construction, and indust ial area s within he City. It shall be the applicant's obligation to iure tha t the was to contractor utilized has obtained permits from the City of D iamond B ar to provide such services. (c) Before construction begins, the applicant shall install tempora ry construction fencing pursuant to the Building and Safet y Divisio ' s requirements along the project site's perimeter. the fen be 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/BUILDING AND SAFETY (d) Priorto issuance of a building permit, a fine grade/drainage plan shall be filed with the City's Public Works Division that has been approved by the Geotechnical Engineer of Record. (e) Prior to issuance of a building permit, a Final Grading certificate for the Lot 4 of Tract 50314 shall be submitted to the Public Works Division for review and approval. (f) Applicant shall show the Slope and Drainage Maintenance Easement on site plan and follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (g) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15 through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (h) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (i) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. 0) Driveway slope shall be shown on plans. (k) The Building and Safety Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; 6 (2) Retaining walls shall be ornamental by u: decorative block; (3) Engineered calculations shall be submitted with (4) Indicate retaining wall locations on grading plat 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 excee (I) The single-family structure shall meet the 2001 Uniform Building Code, Uniform Plumbing Code, I Code, and the 1998 National Electrical Code raa (m) (n) (o) (p) (q) The minimum design wind pressure shall be 80 miles "C" exposure. The single-family structure is located in _"Fin the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardai shall be fire stopped at the eaves to flame or members under the fire; (2) All enclosed under -floor areas shall be c walls; (3) All openings into the attic, floor, and/or shall be covered with corrosion-resistar than 1/4 inch nor more than 1/2 inch in a where such openings are equipped with (4) Chimneys shall have spark arresters screen. This single-family structure shall meet the State Standards. Smoke detectors shall be provided in all Building setback from any slope (top or requirements of Section 18 of the 2001 Califc (r) Prior to the issuance of any construction permits! the ap I submit construction plans to the Los Angeles County Fire for review and approval. with six or ne 4" and shall rtieel Class A"; the r ofs eclude entry of the Istruct d as ext rior her en losed ar as wire esh not I ss or poor; xirhum 1/2 meet Code. 7 PLANNING (s) 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.) (t) Applicant shall make application to the Walnut Valley Water District for Fire Flow as necessary and submit their approval to the Planning Division prior to the issuance of building permits. (u) Applicant shall install off-white garage door and add it to the decorative color board/palette. (v) 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. (w) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (x) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (y) 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. (z) 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. I, James DeStefano, Planning Commission Secretary, do hereby certify that the i Resolution was duly introduced, passed, and adopted, at a regular meeting f the Commission held on the 24th day of June, 2003, by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners: Ruzicka, WC Nolan, Tanaka, Ch it Tye Commissioner: Commissioner: Nelson mg 10 Commissioner: (a$) 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. (bb) 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. (cc) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owner, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 24 " ' DAY OF JUNE 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By. eve Tye, Ch rman' 9