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HomeMy WebLinkAboutPC 2004-13PLANNING COMMISSION RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-08, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 8,336 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, FOUR CAR GARAGE AND A SITE RETAINING WALL WITH A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE'S ADDRESS IS 3058 WINDMILL DRIVE (LOT 4, TRACT 48487), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed a Development Review No. 2004-08 application for a property located at 3058 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 1, 2004, 33 property owners within the project site's 500 -foot radius were mailed a public hearing notice and the site was posted with a display board. On April 6, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other sites were posted within the application's vicinity. 3. On April 27, 2004, the City of 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 Environmental Impact Report No. 91-2 for Tract No. 48487 according to the California Environmental Quality Act of 1970 (CEQA), Section 15162(a). No further environment review is necessary. 3. The Planning Commission hereby specifically finds at,. - having considered the record as a whole including the fin:' below, and changes and alterations which have been incorp:. conditioned upon the proposed project set forth in the applica , evidence before this Planning Commission that the project will have the potential of an adverse effect on wild life reg habitat upon which the wildlife depends. Based upon substs this Planning Commission hereby rebuts the presumption of s: contained in Section 753.5 (d) of Title 14 of the Calif, Regulations. 4. Based upon the findings and conclusions set forth herein, ; , Commission, hereby finds as follows: (a) The project is in Tract 48487, a 15 -lot subdivision buildable pads approved in 1995 and adjacent to the The approximately one acre vacant Lot 4's address Drive. Beyond the buildable pad, the irregularly sh. downward to Oafs Knoll Drive and is part of a slope maintenance easement. A sewer and 30 feet utility the lot's front. The property contains protected/preserved trees log the buildable pad. No grading activity or constructir within five (5) feet of the outer drip line of these tre, fencing is required. (b) The site's General Plan Land Use designation is R, (RR), Maximum 1 DU/AG and it is zoned Single Far Minimum Lot Size 20,000 Square Feet (R-1-20,000 (c) The following zones surround the site: to the north , 20,000; to the south is Heavy Agricultural -Minimum '., (A-2-2); and the west is R-1-20,000 and Single Far,)' Minimum Lot Size 9,000 Square Feet (R-1-9,000), (d) The application is a request to construct a two-sto, residence of approximately 8,336 gross square i. balconies, porch, four car garage and a site rets" maximum six feet exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed developmev'. with the General Plan, development standards of th_ 2 district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Vesting Tentative Tract Map No. 48487 was approved in June 1992 and the City was operating under a draft General Plan. On July 25, 1995, the General Plan was adopted and on October 20, 1995, the Final Tract Map No. 48487 was approved. Vesting Tentative Tract Map No. 48487 was designed at 25 percent below the maximum allowable density which complies with the Rural Residential land use designation (Maximum 1 DU/AC) identified in the adopted General Plan. The proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, and the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards and is compatibie with the eclectic architectural style, design, materials, and colors of the surrounding area's existing homes. 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. 48487's Master Environmental Impact Report No. 912, certified by the City, addresses the design and layout of the neighborhood and the pedestrian and vehicular traffic flow. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase 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 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 proposed project's architectural style is Mediterranean. The project's architectural features include a two story portico%ntry with columns and pediment; concrete balusters around the front balcony; perpendicular garage entry for curb appeal; wing -like structures at the front elevation's corners with single story wing and bay windows at the living room and similar single story wing at the perpendicular garage; rear balcony with wrought iron railing, stone and stucco exteriors with quoins and other stucco details of cornice and window treatments for style. These features and the varying the roof lines add texture and contrast. The proposed materials/colors board was compared with previously approved boards in the vicinity. The white, off-white and beige palette, and the building's architecture blend into the streetscape nicely. The selected materials and colors are consistent and the style is compatible with other homes eclectic architectural style in Tract 48487 and the neighboring Tracts 47851, 47850, and the Country Estates. The application is consistent with the City's Development Code and Design Guidelines. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter22.48, 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 weli 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, visiting public, and 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. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental 4 to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, Windmill Drive's terrain is hilly. The subject site is in the middle of the tract and at a lower elevation than its northerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (j) The proposed project has been reviewed in compliance 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. 47850, 47851 and 48487 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 as Exhibit "A" dated April 27, 2004, as submitted to 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 5 requirements along the project site's perim- remain at the buildable pad to ensure no construr debris of any kind is placed within the vegetated are the Planning Division and the balance shall rema' Official approves its removal. Sanitation facilities during construction. PUBLIC WORKS (d) A Precise Drainage and Grading Plan shall be pr, Engineer licensed by the State of California. (e) The Precise Grading Plan shall be prepared in ac Requirements. (f) The Precise Grading Plan shall show the location. walls and the elevations of the top of walVfooting. finished grade on both sides of the retaining wall. (g) Applicant shall delineate construction details with retaining walls and a Precise Grading Plan. (h) Retaining walls shall be submitted to the City's Buis Division for approval. (i) The Applicant shall provide service connections foE Gas, Electric, etc. (j} Before the issuance of any permits issued between April 15th, an Erosion Control Plan shall be required (k) If required by the Public Works Director, the Applicai with the Standard Urban Stormwater Mitigation F requirements. Before the issuance of any City Management Practices (BMP's) shall be required to into the project pians for both construction and activities. BMP's are detailed in the latest edition Storm Water Best Management Practices Handbook Sheets can be obtained through this Division. (1) All drainage/runoff from the development shall be conve... site to the natural drainage course or the adjacent private the exception of the drainage to the adjacent private strep• drainage shall be conveyed to adjacent parcels. If recti Public Works Director, the Applicant shall provide a hyd C-1 (m) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (n) A geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (o) Applicant shall follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (p) Driveway slope shall be shown on plans. BUILDING AND SAFETY (q) 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. (r) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (s) The single-family structure is located in "High Fire Zone" 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. (t) This single-family structure shall meet the State Energy Conservation Standards. (u) Smoke detectors shall be provided in all sleeping rooms. (v) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (w) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. 7 PLANNING (x) 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.) (y) The retaining wall shall be stucco to match the dwelling or slump stone to enhance the decorative aspect and not exceed a maximum six feet exposed height. (z) 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, quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (aa) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (bb) 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. (cc) 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. (dd) 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. (ee) 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. (ff) 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, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 27" DAY OF APRIL 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ffI94, Dan Nolan, Chairman 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 27th day of April, 2004, by the following vote: AYES: Commissioners: McManus, Low, Tye, Chair Nolan NOES: ABSENT: Commissioner: V/C Tanaka ABSTAIN: "10. ATTEST: Ja'r4s DeSt ano, Secretary 10 PLANNING COMMISSION A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-08, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 8,336 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, FOUR CAR GARAGE AND A SITE RETAINING WALL WITH A MAXIMUM SIX FEET EXPOSED HEIGHT. THE PROJECT SITE'S ADDRESS IS 3058 WINDMILL DRIVE (LOT 4, TRACT 48487), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed a Development Review No. 2004-08 application for a property located at 3058 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 1, 2004, 33 property owners within the project site's 500 -foot radius were mailed a public hearing notice and the site was posted with a display board. On April 6, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other sites were posted within the application's vicinity. 3. On April 27, 2004, the City of 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: 1. 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 Environmental Impact Report No. 91-2 for Tract No. 48487 according to the California Environmental Quality Act of 1970 (CEQA), Section 15162(a). No further environment review is necessary. 3. The Planning Commission hereby specifically finds anhaving considered the record as a whole including the fin.' below, and changes and alterations which have been incorp .: conditioned upon the proposed project set forth in the applica' evidence before this Planning Commission that the project will have the potential of an adverse effect on wild life rc, habitat upon which the wildlife depends. Based upon substt, this Planning Commission hereby rebuts the presumption of S: contained in Section 753.5 (d) of Title 14 of the Calif, Regulations. 4. Based upon the findings and conclusions set forth herein, Commission, hereby finds as follows: (a) The project is in Tract 48487, a 15 -lot subdivision buildable pads approved in 1995 and adjacent to the The approximately one acre vacant Lot 4's address Drive. Beyond the buildable pad, the irregularly s!kk: downward to Oak Knoll Drive and is part of a slope maintenance easement. A sewer and 30 feet utility the lot's front. The property contains protected/preserved trees Io' the buildable pad. No grading activity or constructir within five (5) feet of the outer drip line of these tre, fencing is required. (b) The site's General Plan Land Use designation is R' (RR), Maximum 1 DU/AC and it is zoned Single Far Minimum Lot Size 20,000 Square Feet (R-1-20,000 (c) The following zones surround the site: to the north 20,000; to the south is Heavy Agricultural - Minimum (A-2-2); and the west is R-1-20,000 and Single Far, V Minimum Lot Size 9,000 Square Feet (d) The application is a request to construct a two-sto, residence of approximately 8,336 gross square ibalconies, porch, four car garage and a site rets" maximum six feet exposed height. DEVELOPMENT REVIEW (e) The design and layout of the proposed developmen: with the General Plan, development standards of the district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Vesting Tentative Tract Map No. 48487 was approved in June 1992 and the City was operating under a draft General Plan. On July 25, 1995, the General Plan was adopted and on October 20, 1995, the Final Tract Map No. 48487 was approved. Vesting Tentative Tract Map No. 48487 was designed at 25 percent below the maximum allowable density which complies with the Rural Residential land use designation (Maximum 1 DU/AC) identified in the adopted General Plan. The proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, and the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards and is compatible with the eclectic architectural style, design, materials, and colors of the surrounding area's existing homes. 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. 48487s Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood and the pedestrian and vehicular traffic flow. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase 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 will not create traffic or pedestrian hazards. 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 proposed project's architectural style is Mediterranean. The project's architectural features include a two story portico%ntry with columns and pediment; concrete balusters around the front balcony; perpendicular garage entry for curb appeal; wing -like structures at the front elevation's corners with single story wing and bay windows at the living room and similar single story wing at the perpendicular garage, rear balcony with wrought iron railing; stone and stucco exteriors with quoins and other stucco details of cornice and window treatments for style. These features and the varying tile roof lines add texture and contrast. The proposed materials/colors board was compared with previously approved boards in the vicinity. The white, off-white and beige palette, and the building's architecture blend into the streetscape nicely. The selected materials and colors are consistent and the style is compatible with other homes eclectic architectural style in Tract 48487 and the neighboring Tracts 47851, 47850, and the Country Estates. The application is consistent with the City's Development Code and Design Guidelines. Therefore, the proposed projectis consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines. There (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, visiting public, and its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Soils report, fire department approval, structural plan check, City permits, and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, Windmill Drive's terrain is hilly. The subject site is in the middle of the tract and at a lower elevation than its northerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with 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. 47850, 47851 and 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 Regulation. No further environmental review is necessary. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated April 27, 2004, as submitted to 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 PUBLIC requirements along the project site's perim. remain at the buildable pad to ensure no construe debris of any kind is placed within the vegetated are the Planning Division and the balance shall rema' Official approves its removal. Sanitation facilitiesduring construction. (d) A Precise Drainage and Grading Plan shall be pr, Engineer licensed by the State of California. (e) The Precise Grading Plan shall be prepared in ac .Requirements. (f The Precise Grading Plan shall show the location walls and the elevations of the top of walVfooting finished grade on both sides of the retaining wall. (g Applicant shall delineate construction details with retaining walls and a Precise Grading Plan. (h) Retaining walls shall be submitted to the City's Bul, . Division for approval. (i The Applicant shall provide service connections fol Gas, Electric, etc. Before the issuance of any permits issued between April 151h, an Erosion Control Plan shall be required (k) If required by the Public Works Director, the Applicar. with the Standard Urban Stormwater Mitigation Frequirements. Before the issuance of any City Management Practices (BMP's) shall be required tc. ' into the project plans for both construction and p.activities. BMP's are detailed in the latest edition u Storm Water Best Management Practices Handbook (I All drainage/runoff from the development shall be conveb- . site to the natural drainage course or the adjacent private, the exception of the drainage to the adjacent private strefdrainage shall be conveyed to adjacent parcels. If reqi Public Works Director, the Applicant shall provide a hycl (m) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (n) A geotechnical report shall be submitted by a Geotechnical Engineer, licensed by the State of California, for approval by the City. (o) Applicant shall follow special requirements as required by the City Engineer for construction in a Special Foundation Zone. (p) Driveway slope shall be shown on BUILDING AND SAFETY ( 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. (r) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (s) The single-family structure is located in "High Fire Zone" 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. (t) This single-family structure shall meet the State Energy Conservation Standards. (u) Smoke detectors shall be provided in all sleeping rooms. (v) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (w) Prior to the issuance of any construction permits, the applicant shall PLANNIN (x) 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.) (y) The retaining wall shall be stucco to match the dwelling or slump stone to enhance the decorative aspect and not exceed a maximum six feet exposed height. (z) 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 48487 and delineate the type of planting materials, color, size, quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (aa) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (bb) 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. (cc) 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 Recorders Office prior to the issuance of a building permit. (dd) This grant is valid for two (2) years and shall be exercised (i.e., constriction) 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. (ee) 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. (ff 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, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, 4300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 27th DAY OF APRIL 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By Dan Nolan, Chairman 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 27th day of April, 2004, by the following vote: AYES: Commissioners: McManus, Low, Tye, Chair Nolan NOES: ABSENT: Commissioner: V/C Tanaka ABSTAIN: *"'V - ATTEST Ja es DeSt ano, Secretary 1