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HomeMy WebLinkAboutPC 2003-23PLANNING COMMISSION RESOLUTION NO. 2003-23 A RESOLUTION OF THE PLANNING COMMISSION OF T E CITY OF DIAMOND BAR APPROVING DEVELOPMENT EVIEW NO. 2003-14. A REQUEST TO CONSTRUCT A TWO' TORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 11,358 GROSS SQUARE FEET INCLUDING BALCONIES, ORCH, ATTACHED FOUR CAR GARAGE AND TWO SITE REIT 1NING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET AND FORTY-TWO INCHES. THE PROJECT SITE IS LOCA ED AT 3068 WINDMILL DRIVE (LOT 5, TRACT 48487), DIAMO BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, F ichard Gould, have filed an application for Development Review No. 03-14, for a property located at 3068 Windmill Drive, Diamond Bar, Los Ain ales County, California, as described in the title of this Resolution. He t1E inafter in this Resolution, the subject Development Review shall be refer "Application." ed to as the 2. On July 24, 2003, 29 property owners within a 500 -foot radius of the project site were notified by mail. On July 23, 2003, a notice of publ hearing on a display board was posted at the project site and displayed al I east 10 ays before the public hearing. On July 29, 2003, notification of the for this project was made in the San Gabriel Valley ublic he ring Tribune and Daily Bulletin newspapers. Additionally, three other sites were Inland V Dosted w Ile thin the vicinity of the application. 3. On August 12, 2003, the Planning Commission of the City oi Piamond ar conducted and concluded a duly noticed public hearing on # Appiicat on. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved byte Plarn Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all o i he facts forth in the Recitals, Part A, of this Resolution are true and cor ect. 2. The Planning Commission hereby determines that the probe t identii above in this Resolution is consistent with the previously r0 flied Ma: Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife 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 3068 Windmill Drive, Diamond Bar, California. It is the vacant Lot 5 of Tract 48487, a 15 -lot subdivision with graded buildable pads adjacent to the Country Estates approved by the City Council on October 20, 1995. (b) 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 purposes. The lot is approximately .92 gross acres and the buildable pad area is .30 acres. The pad area will remain the same size except for 10 feet that will be expanded on the north side yard to meet required side yard setback regulations. (c) The property contains protected/preserved California Black Walnuts trees in the rear, due to the mitigation monitoring program located outside of the buildable pad. (d) 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- (e) Generally, the following zones surround the subject site: to the north, south and east .is R-1-20,000; to the south is Heavy Agricultural - Minimum Lot Size 2 Acres (A-2-2); and R-1-9,000 to the west. 2 (f) The application is a request to construct of a two-sto single-family residence with a four car garage, balconies and porch for a total of approximately 11,358 gross square feet. Additionaly, the request includes two site retaining walls with a maximum exposed height of six feet and forty-two inches. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are cons stent with the General Plan, development standards of ihe applicable district, design guidelines, and architectural criteria) f Dr speci lized area (e.g., theme areas, specific plans, communitypl s, boulev ards, or planned developments. Originally, Tract Map No. 48487 was an approved Vesting Ten tine Tract Map in June 1992. At that time, the City was oerating un era draft General Plan. The General Plan was adopted o uly25, 995, and the Final Tract Map No. 48487 was approved h October 20, 1995. However Vesting Tentative Tract Map No 48487 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.33 dwelling units racre hich complies with the land use designation of Rural Resid ial (Maxii 17UM 1 DU/AC) identified in the adopted General Plan objectives and strategies related to maintaining the integrity f residential neighborhoods and open space, the City's Design gui_c lefines. The project is consistent with the Tract Map's velop ent Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, d color of existing homes within the surrounding area. There is i io specif o or additional community planned development for the site] (f} The design and layout of the proposed development will not inte ere with the use and enjoyment of neighboring exisl{i g or fu ure development will not create traffic or pedestrian hazard . Tract Map No. 48487`s Master Environmental impact RortNo. 9 -2, certified by the City, addresses the design and 7 out of he neighborhood as well as the flow of pedestrian and vehicular trai Fic. The project site is an undeveloped lot within an a roved t ct designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagor Train Lane and Steeplechase Lane, adequately serve the projectsite. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a 1 single-landly 3 residence will 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 compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific pian. The project's architectural features include the portico%ntry with round arches supported by stylized columns, a stone face, balconies with baluster railings, 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/calors board was compared with previously approved boards in the vicinity. The combinations of off-white, beige palette and the building's architecture blend 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 theharmonious, 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. 4 Structural plan check, City permits, and inspections; soils repo 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 i jurfous I the properties or improvements in the vicinity, I r Additionally, the terrain in the vicinity of Windmill Dliv 9 is hilly. The subject site is at the middle of the tract and at a lower levation than its northerly neighbors are. By maintaining the ';a lowed h fight requirements, the proposed residential structure alloWl s view corr dors for the neighboring properties. Therefore, the propose residers will not be significantly detrimental with respect to view bflo kaae im act. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 477850, 47841, and 4487 according to the California Environmental Quality Act of 1970 (C A) and guidelines promulgated thereunder, pursuant to Se ion 151 (a) of Article 11 of the California Code of Regulations No fu her environmental review is necessary. 5. Based upon the findings and conclusion set forth above,ll he Plan ing Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site pla floor pl ns, elevations, and materials/colors board collectively labeled as Exhibit "A" dated August 12, 2003, as submitted and app roved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition t debris both during and after the construction, addition, t is free of or implementation of the entitlement granted herein. The Iremoval of all trash, debris, and refuse, whether during or s 'b equent to construction, shall be done only by the property owner, ap licant or by duly permitted waste contractor, who has been authoriz by the C ity to provide collection, transportation, and disposal of sol d waste from residential, commercial, construction, and industrial areas within t e City. it shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of b amond Ear to provide such services. 5 (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) In addition to the specifications in the approved Erosion Control Plan for Tract No. 48487 Best Management Practices (BMP's) must be implemented and maintained for all construction activities. (e) The plot plan shows a wall to be proposed in back of the home at the top of slope. The Tract's rough grading plan shows the rear of the lot sloping downwards. It appears to be a fence wall. It is unclear of the purpose of a fence wall at its proposed location. (f) The rough grading plan also shows a berm constructed at the top of the slope. Additionally, a subdrain is shown as constructed. See attached. The berm is not to be disturbed as it serves as protection from surface water runoff going onto the slope. Furthermore, the subdrain must not be disturbed as it serves as part of the slope stability system of a shear key. A precise grading/drainage plan must be submitted to the Public Works Division for review. BUILDING AND SAFETY (g) 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. P (h) Dirty kitchen shall not be used as a second unit. pool future (} i An Y p and spa ortennis court shall require se arate permits (j} The single-family structure shall meet the 2001 Cal fornia Codes: Uniform Building Code, Uniform Plumbing Code, Unifol,M Mechanical Code, and the 2001 National Electrical Code requirements. (k) The minimum design wind pressure shall be 80 mileE per hou and "C" exposure. (1) The single-family structure is located in "Fire Zone_4"iz nd shall -neet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Cla A"; the loofs 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 9qnstructed as exterior walls; (3) All openings into the attic, floor, and/or other n iclosed areas shall be covered with corrosion -resistant wire Mesh not less than '/a inch nor more than Y2 inch in any d6e nslon ex ept where such openings are equipped with sash oi door, (4) Chimneys shall have spark arresters of maxi um Y2 nch screen. (m) This single-family structure shall meet the State Energy onsery tion Standards. (n) Smoke detectors shall be provided in conformance ith the 2001 California Building Codes. (o) Prior to the issuance of any construction permits, the plicant s all submit construction plans to the Los Angeles County Fi� Department for review and approval. (p) Building setback from any slopes (toe or top) shall meet Q hapter 1 of the 2001 California Building Code. i (q) All sleeping rooms must have windows with egress reqL irements (r) All balconies must be designed for 401b live load. (s) Hand rails and guardrails shall be designed for 201b' 1 laterally at the top of the rail. ad appl d 7 PLANNING (t) A height survey may be required at completion of framing. _ (u) Clearly, show any/all easements on site plan. (v) Provide window and door schedules. (w) The project must be protected by a construction fence. (x) Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% minimum slope. BUYERS' AWARENESS (y) A condition of approval for Tract No. 50314 requires the preparation of a "Buyers' Awareness Package'. This includes, but is not limited to: 1. Information pertaining to geologic issues regarding the properties; 2. Wildlife corridors; 3. Oak and walnut preservation issues; 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. (z) 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, pool1spa, retaining walls, additional landscaping.) (aa) 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. (bb) Within 60 days of the Certificate of Occupancy, the applicant shall be required to submit a landscapelirrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, 9 quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (cc) Applicant shall submit a detailed driveway design including pattern, color, and landscaping for Planning Division review aid appro al. (dd) Applicant shall comply with Planning and Zoning; Builc ling and Safety Division; and Public Works Division; and the application shall be approved. by the Fire Department. (ee) The single-family residence shall not be utilized ina manne that creates adverse effects upon the neighborhood an 10 environrr ental setting of the residential site to levels of dust, glare/110 t, noise, odor, traffic, or other disturbances to the existing residential neighboi hood and shall not result in significantly adverse effects on public se ices 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 r roblems n the neighborhood. (ff) The owner shall complete and record a "Covenant an,d Agreem nt to Maintain a Single Family Residence" on a form to be p ovided b the City. The covenant must be completed and records with the Los Angeles County Recorder's Office prior to the issuance of a bull ding permit. (gg) This grant is valid for two (2) years and shall i a exercised (i.e., construction) within that period or this grant shah expire. A :)ne- (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. Thq Deputy City Manager will consider the extension request at'a dui oticed p Vichearing in accordance with Chapter 22.72 of the City of Diamonc Bar Development Code. (hh) This grant shall not be effective for any purpose untilI he perm ttee and owner of the property involved (if other than the pe mittee) I ave filed, within fifteen (15) days of approval of this gram, at the Ci of Diamond Bar Community and Development Services Departrr ent, their affidavit stating that they are aware and agree to crept all the conditions of this grant. Further, this grant shall not be eaffective until the permittee pays remaining City processing fees. The Planning Commission shall. (a) Certifyto the adoption p of this Resolution; and ki (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Stev Tye, Chairm 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 12th day of August, 2003, by the following vote: AYES: Commissioners: Ruzicka, Nelson, Tanaka, V/C Nolan, C/Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: ames DeS efano, Secretary ift PLANNING COMMISSION RESOLUTION NO. 2003-23 A RESOLUTION OF THE PLANNING COMMISSION OF T E CITY OF DIAMOND BAR APPROVING DEVELOPMENT .EVIEW N0.2003-14. A REQUEST TO CONSTRUCT A TWO' TORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 11,358 GROSS SQUARE FEET INCLUDING BALCONIES, TORCH, ATTACHED FOUR CAR GARAGE AND TWO SITE RET INING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FE T AND FORTY-TWO INCHES. THE PROJECT SITE IS LOC,— ED AT 3068 WINDMILL DRIVE (LOT 5, TRACT 48487), DIAMOII BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, ichard G uld, have filed an application for Development Review No. —003-14, r a property located at 3068 Windmill Drive, Diamond Bar, Los Angeles Co nty, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to a the "Application." 2. On July 24, 2003, 29 property owners within a 500 -foot radius of the prject site were notified by mail. On July 23, 2003, a notice of publ" hearing on a display board was posted at the project site and displayed al east 10 ays before the public hearing. On July 29, 2003, notification of thEp public he ring for this project was made in the San Gabriel Valley Tribune and Inland V Ile Daily Bulletin newspapers. Additionally, three other sites were osted w bin the vicinity of the application. 3. On August 12, 2003, the Planning Commission of the City o" iamond ar conducted and concluded a duly noticed public hearing on t. f Applicat on. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by tile Plani Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all o he facts forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the proje t identii above in this Resolution is consistent with the previously cep fied Ma; Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife 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 3068 Windmill Drive, Diamond Bar, California. It is the vacant Lot 5 of Tract 48487, a 15 -lot subdivision with graded buildable pads adjacent to the Country Estates approved by the City Council on October 20, 1995. (b) 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 purposes. The lot is approximately .92 gross acres and the buildable pad area is .30 acres. The pad area will remain the same size except for 10 feet that will be expanded on the north side yard to meet required side yard setback regulations. (c) The property contains protected/preserved California Black Walnuts trees in the rear, due to the mitigation monitoring program located outside of the buildable pad. (d) 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. (e) Generally, the following zones surround the subject site: to the north, south and east is R-1-20,000; to the south is Heavy Agricultural - Minimum Lot Size 2 Acres (A-2-2); and R-1-9,000 to the west. 2 (f) The application is a request to construct of a two-sto single residence with a four car garage, balconies and porch for a approximately 11,358 gross square feet. Additional y, the includes two site retaining walls with a maximum exposed h six feet and forty-two inches. DEVELOPMENT REVIEW (e) The design and layout of the proposed developm with the General Plan, development standards district, design guidelines, and architectural crite area (e.g., theme areas, specific plans, community or planned developments. of of Originally, Tract Map No. 48487 was an approved V 6-s ting Ten tive Tract Map in June 1992. At that time, the City was o— ating un er a draft General Plan. The General Plan was adopted op uly25, 995, and the Final Tract Map No. 48487 was approved Octobe 20, 1995. However Vesting Tentative Tract Map IZ 48487 was designed at 25 percent below the maximum allowabl e density and has an overall average density of 1.33 dwelling units r acre hich e complies with the land use designation of Rural Resid fal (Maxi um 1 DUTAAC) identified in the adopted General Plan "b jectives and strategies related to maintaining the integrity f reside ntial neighborhoods and open space, the City's Design gut elines. 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,. d color; of existing homes within the surrounding area. There i4 o specific or additional community planned development for the site (f) The design and layout of the proposed development Will not inter with the use and enjoyment of neighboring existing or fu development will not create traffic or pedestrian hazards. Tract Map No. 48487's Master Environmental Impact R ort No. 9 certified by the City, addresses the design and "J out of neighborhood as well as the flow of pedestrian and ve cular tra The project site is an undeveloped lot within an approved t designed for single-family homes. Windmill Drive and access roads in the vicinity, Wago Train L and Steeplechase Lane, adequately serve the project ;ite. Th, private streets are designed to handle minimum traffic created residential development. Therefore, the use of a ingle-far 3 residence will 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 compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project's architectural features include the portico%ntry with round arches supported by stylized columns, a stone face, balconies with baluster railings, 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 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. floor pla ns (i) The proposed project will not be detrimental to the as public health, roved by he safety, or welfare or materially injurious (e.g., negative affect on t is free of property values or resale(s) of property) to the or properties or moval o all improvements in the vicinity. to 4 licant or by Structural plan check, City permits, and inspections; oils repo and by the ity Fire Department approvals, are required for construction. These waste fir m processes will ensure that the finished project will not a detrimental s within t to the public health, safety, or welfare, or materially i furious !—o the t the wa to properties or improvements in the vicinity. amond E ar Additionally, the terrain in the vicinity of Windmill Dri is hilly. The subject site is at the middle of the tract and at a lower elevation than its northerly neighbors are. By maintaining the a lowed h ight install requirements, the proposed residential structure allows view co aors for the neighboring properties. Therefore, the propospo residen will not be significantly detrimental with respect to view bllo kage im act. U) The proposed project has been reviewed in comp;i nce wit the provisions of the California Environmental Quality Act CEQA). The environmental evaluation shows that the propq ed proje t is consistent with the previously certified Master Envlr'Olp ental Im act Report No. 91-2 for Tract Map Nos. 477850, 47841 , and 46 487 according to the California Environmental OualityAct of 1970 (C A) and guidelines promulgated thereunder, pursuant to Se ion 151 (a) of Article 11 of the California Code of Regulatiom, No fur ther environmental review is necessary. 5. Based upon the findings and conclusion set forth above,) he Plan ing Commission hereby approves this Application subject to! he follow t conditions: (a) The project shall substantially conform to site plan, floor pla ns elevations, and materials/colors board collectively labeled as Exhibit "A" dated August 12, 2003, as submitted and a— roved by he Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition fh t is free of debris both during and after the construction, ddition, or implementation of the entitlement granted herein. The In moval o all trash, debris, and refuse, whether during or s 'b equent to construction, shall be done only by the property owner, licant or by duly permitted waste contractor, who has been authoriz by the ity to provide collection, transportation, and disposal of sol d waste fir m residential, commercial, construction, and industrial area s within t City. It shall be the applicant's obligation to insure tha t the wa to contractor utilized has obtained permits from the City of b amond E ar to provide such services. 5 (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be. provided during construction. PUBLIC WORKS (d) In addition to the specifications in the approved Erosion ing ie Control Plan for Tract No. 48487 Best Management Practices (BMP's) must be implemented and maintained for all construction activities. (e) The plot plan shows a wall to be proposed in back of the home at the top of slope. The Tract's rough grading plan shows the rear of the lot sloping downwards. It appears to be a fence wall. It is unclear of the purpose of a fence wall at its proposed location. (f) The rough grading plan also shows a berm constructed at the top of the slope. Additionally, a subdrain is shown as constructed. See attached. The berm is not to be disturbed as it serves as protection from surface water runoff going onto the slope. Furthermore, the subdrain must not be disturbed as it serves as part of the slope stability system of a shear key. A precise grading/drainage plan must be submitted to the Public Works Division for review. BUILDING AND SAFETY (g) 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. 6 (h) Dirty kitchen shall not be used as a second unit. (i) A f ny arate pe rmits uture pool and spa or tennis court shall require se Q) The single-family structure shall meet the 2001 Cal ifornia C odes: Uniform Building Code, Uniform Plumbing Code, Unifo rm Mecha Code, and the 2001 National Electrical Code requirem ents. (k) The minimum design wind pressure shall be 80 mile 11 per hou and C" exposure. (I) The single-family structure is located in "Fire Zone 4" a nd shall eet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; tile oofs shall be fire stopped at the eaves to preclude entry o the flame or members under the fire; (2) All unenclosed under -floor areas shall be nstructe as exterior walls; (3) All openings into the attic, floor, and/or other en closed a reas shall be covered with corrosion -resistant wire) esh not less than 1/a inch nor more than /2 inch in any dim nsion ex ept where such openings are equipped with sash Q door, (4) Chimneys shall have spark arresters of maxi um —'/2 nch screen. (m) This single-family structure shall meet the State Energy onsery tion Standards. (n) Smoke detectors shall be provided in conformance ith the 2 )01 California Building Codes. (o) Prior to the issuance of any construction permits, the plicant s all submit construction plans to the Los Angeles County FiVI Departm ent nical for review and approval. (p) Building setback from any slopes (toe or top) shall meet hapter 1 of the 2001 California Building Code. (q) All sleeping rooms must have windows with egress requ irements (r) Alt balconies must be designed for 401b live load. (s) Hand rails and guardrails shall be designed for 201b I ad appli ed laterally at the top of the rail 7 (t) A height survey may be required at completion of framing. (u) Clearly, show any/all easements on site plan. (v) Provide window and door schedules. (w) The project must be protected by a construction fence. (x) Check drainage patterns with Engineering Department. Surface water must drain away from building at a 2% minimum slope. PLANNING BUYERS'AWARENESS (y) A condition of approval for Tract No. 50314 requires the preparation of a "Buyers' Awareness Package". This includes, but is not limited to: 1. Information pertaining to geologic issues regarding the properties; 2. Wildlife corridors; 3. Oak and walnut preservation issues; 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. (z) 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.) (aa) 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. (bb) Within 60 days of the Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan forthe City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, 8 quantity and location. Landscape and irrigation shall be within six (6) months of the Certificate of Occupancy issuai (cc) Applicant shall submit a detailed driveway design in ludinc color, and landscaping for Planning Division review aid ap (dd) Applicant shall comply with Planning and Zoning; Buil ing and afety Division; and Public Works Division; and the appli ation sh II be approved by the Fire Department. (ee) The single-family residence shall not be utilized in manne r that creates adverse effects upon the neighborhood and environm ental setting of the residential site to levels of dust, glare/lio t, noise, odor, traffic, or other disturbances to the existing residential neighbo hood and shall not result in significantly adverse effects on p ublic se ices and resources. The single-family residence shall no t be use d for commercial/institutional purposes, or otherwise used as a sep rate dwelling. The property shall not be used for regular ga herings hich result in a nuisance or which create traffic and parking roblems n the neighborhood. (ff) The owner shall complete and record a "Covenant and Agreeme with the of a bui a exert xpire. A to the C Diamon oticed p t the Ci nt to Los ding ised ne- in Bar blit of ave Departm (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: StevTye, Chairm 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 12th day of August, 2003, by the following vote: AYES: Commissioners: Ruzicka, Nelson, Tanaka, V/C Nolan, CITye NOES: None ABSENT: None ABSTAIN: None ATTEST: k' L% e h '-dames DeS efano, Secretary 10 the the