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HomeMy WebLinkAboutPC 2004-04A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-24/MINOR CONDITIONAL USE PERMIT NO. 2003-17, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 15,722 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, PORTE COCHERE, COVERED PATIO, AND FIVE CAR GARAGE. A MINOR CONDITIONAL USE PERMIT APPROVAL IS REQUIRED FOR THE DRIVEWAY. THE PROJECT ADDRESS IS 3168 WINDMILL DRIVE (LOT 11, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2003-24/Minor Conditional Use Permit No. 2003-17, for a property located at 3168 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On December 19, 2003, 30 property owners within a 500 -foot radius of the project site were notified by mail and three other sites were posted in the application's vicinity. On December 23, 2003, public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice on a display board was posted at the site. 3. On January 13, 2004, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines PLANNING COMMISSION RESOLUTION NO. 2004-04 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-24/MINOR CONDITIONAL USE PERMIT NO. 2003-17, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 15,722 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, PORTE COCHERE, COVERED PATIO, AND FIVE CAR GARAGE. A MINOR CONDITIONAL USE PERMIT APPROVAL IS REQUIRED FOR THE DRIVEWAY. THE PROJECT ADDRESS IS 3168 WINDMILL DRIVE (LOT 11, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2003-24/Minor Conditional Use Permit No. 2003-17, for a property located at 3168 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On December 19, 2003, 30 property owners within a 500 -foot radius of the project site were notified by mail and three other sites were posted in the application's vicinity. On December 23, 2003, public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice on a display board was posted at the site. 3. On January 13, 2004, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been 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 3168 Windmill Drive, Diamond. Bar, California. It is vacant Lot 11 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 irregular shaped lot has a flat buildable pad and the rest of the lot is part of a slope, drainage and maintenance easement that slopes downward to the canyon. There is a sewer and 30 feet utility easement at the lot's front and the 20 feet Utility/Open Space/ Equestrian/Hiking Trail easement at the lot's rear. The lot is approximately 1.95 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) The following zones surround the subject site: to the north, east and west is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). (d) The application is a request to construct a two-story, single-family residence of approximately 15,722 gross square feet including balconies, porch, pone cochere, covered patio, and five car garage. A Minor Conditional Use Permit approval is required for the driveway. 2 ' DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 50314 was approved as a Vesting Tentative Tract Map on February 3, 1998. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (RR) (1 du/acre). The tract is approximately 39 acres divided into 15 lots which comply with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 50314's Master Environmental Impact Report No. 971, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Steeplechase Lane and Wagon Train Lane, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic 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. 3 The project's architectural features include: a two story Porte cochere and porch entry with columns; balconies with French doors and precast concrete balusters front and back; the rear balcony creates a full length covered patio; quoins to emphasize the two story room extensions at the streetscape; the perpendicular garage and circular driveway hide this garage door feature and adds variation and stateliness at the streetscape; 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 materialslcolors board was compared with previously approved boards in the vicinity. The combination of gray and off-white 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. 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, the colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low maintenance levels. 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. El Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the end of the tract and at a lower elevation than its northerly neighbors are. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not significantly impact views. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e -i), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed use is consistent with the General Plan. There is no specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -i), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 5 As stated in Items (e -i), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, inspections, and soils reports are required for construction and 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. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314. This was determined according to the California Environmental QualityAct of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled Exhibit °A" dated January 13, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste - contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS/BUILDING AND SAFETY (d) Surface water shall drain away from building at 2 percent minimum slope. (e) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (f) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (g) A Fire Department approval shall be required. The single-family ' structure is located in "Fire Zone 4" and shall meet 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; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than '/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (h) This single-family structure shall meet the State Energy Conservation Standards. (i} Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. 1 a) The City Engineer shall approve building in special foundation zone. FA PLANNING (k) A Kitchen or other cooking facilities are prohibited in the second story teen room. A kitchen or other cooking facilities are defined as to include, but not be limited to, the following: 1. Cooking stove with or without an oven; 2. Hot plates; 3. Kitchen sink, cabinets and appurtenant plumbing; 4. Microwave or convection ovens; and 5. All appurtenances related to the above. (1) 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.) (m) Driveway color/pattern shall be submitted to the Planning Division prior to installation for review and approval. (n) 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. 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. (o) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (p) 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. (q) The owner shall complete a "Covenant and Agreement to Maintain a Single Family Residence" on the city's form and record it with the Los Angeles County's Recorder's Office prior to building permit issuance. N (r) 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. (s) 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. (t) 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 13'" DAY OF JANUARY 2004,13Y THE DIAMOND BAR PLANNING COMMISSION. By: Steve ye, Chair an J .M. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of January, 2004, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioners: ABSTAIN: Commissioner: ATTEST: V/C Nolan, Wei, Chair Tye Nelson, Tanka 10 -ANNING COMMISSION RESOLUTION NO. 2004-04 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2003-24/MINOR CONDITIONAL USE PERMIT NO. 2003-17, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 15,722 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, PORTE COCHERE, COVERED PATIO, AND FIVE CAR GARAGE. A MINOR CONDITIONAL USE PERMIT APPROVAL IS REQUIRED FOR THE DRIVEWAY. THE PROJECT ADDRESS IS 3168 WINDMILL DRIVE (LOT 11, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2003-24/Minor Conditional Use Permit No. 2003-17, for a property located at 3168 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be "Application." 2. On December 19, 2003, 30 property owners within a 500 -foot radius of the project site were notified by mail and three other sites were posted in the application's vicinity. On December 23, 2003, public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice on a display board was posted at the site. 3. On January 13, 2004, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the Califorr Code of Regulation. No further environmental review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project's address is 3168 Windmill Drive, Diamond. Bar, California. It is vacant Lot ti 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 irregular shaped lot has a flat buildable pad and the rest of the lot is part of a slope, drainage and maintenance easement that slopes downward to the canyon. There is a sewer and 30 feet utility easement at the lot's front and the 20 feet Utility/Open Space/ Equestrian/Hiking Trail easement at the lot's rear. The lot is approximately 1.95 gross acres. The properly 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) The following zones surround the subject site: to the north, east and west is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2). (d) The application is a request to construct a two-story, single-family residence of approximately 15,722 gross square feet including balconies, porch, porte cochere, covered patio, and five car garage. A Minor Conditional Use Permit approval is required for the driveway. 2 )EVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 50314 was approved as a Vesting Tentative Tract Map on February 3, 1998. The adopted General Plan of July 25, 1995, has a land use designation of Rural Residential (RR) (1 du/acre). The tract is approximately 39 acres divided into 15 lots which comply with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 50314's Master Environmental Impact Report No. 97- 1, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Steeplechase Lane and Wagon Train Lane, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic 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. 11 The project's architectural features include. a two story porte cochere and porch entry with columns, balconies with French doors and precast concrete balusters front and back; the rear balcony creates a full length covered patio, quoins to emphasize the two story room extensions at the streetscape; the perpendicular garage and circular driveway hide this garage door feature and adds variation and stateliness at the streetscape; 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 materialslcolors board was compared with previously approved boards in the vicinity. The combination of gray and off- white 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. 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, the colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low maintenance levels. 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 - (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 Fir Department approvals, are required for construction. These processes wi ensure that the finished project will not be detrimental - to the public health, safety, or welfare, or materially injurious to the propertie or improvements in the vicinity. E Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the end of the tract and at a lower elevation than its northerly neighbors are. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not significantly impact views. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(x) of Article 11 of the California Code of Regulation. No further environmental review is necessary. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of the Municipal Code. As stated in Items (e -i), the proposed use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item (e), the proposed use is consistent with the General Plan. There is no specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Items (e -i), the design, location, size, etc. is compatible with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e -i), the subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. City permits, inspections, and soils reports are required for construction and 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. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map No. 50314. This was determined according to the California Environmental QualityAct of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(x) of Article 11 of the California Code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled Exhibit °A" dated January 13, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS/BUILDING AND SAFETY (d) Surface water shall drain away from building at 2 percent minimum slope. (e) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code (f) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (g) A Fire Department approval shall be required. The single-family structure is located in "Fire Zone 4" and shall meet 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; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (h) This single-family structure shall meet the State Energy Conservation Standards. (i) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. 0) The City Engineer shall approve building in special foundation zone. 7 UW_10nu0 (k) A Kitchen or other cooking facilities are prohibited in the second story teen room. A kitchen or other cooking facilities are defined as to include, but not be limited to, the following: 1. Cooking stove with or without an oven; 2. Hot plates; 3. Kitchen sink, cabinets and appurtenant plumbing; 4 Microwave or convection ovens; and 5. All appurtenances related to the above. (1) 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.) (m) Driveway color/pattern shall be submitted to the Planning Division prior to installation for review and approval. (n) 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. 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 (o) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (p) 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. (q) The owner shall complete a "Covenant and Agreement to Maintain a Single Family Residence" on the city's form and record it with the Los Angeles County's Recorder's Office prior to building permit issuance. (r) 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. (s) 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. (t) 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 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 13th DAY OF JANUARY 2004, BY THE DIAMOND BAR PLANNING COMMISSION. By. , Steve ye, Chair an 9 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of January, 2004, by the following vote: AYES: ers: OES: Commissioner: ATTEST: BSENT: ommissioners: [ABSTAIN- ommissioner: V/C Nolan, Wei, Chair Tye Nelson, Tanka