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HomeMy WebLinkAboutPC 2004-15PLANNING COMMISSION RESOLUTION NO. 2004-15 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-10/MINOR CONDITIONAL USE PERMIT NO. 2004-05, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,344 GROSS SQUARE FEET INCLUDING PORCHES, PORTE COCHERE, BALCONIES, AND THREE CAR GARAGE; SITE IMPROVEMENTS INCLUDING RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT; AND A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A CIRCULAR DRIVEWAY THE PROJECT ADDRESS IS 3109 WINDMILL DRIVE (LOT 6, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed -an application for Development Review No. 2004-10/Minor Conditional Use Permit No. 2004-05, for a property located at 3109 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 April 22, 2004, 42 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 29, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Dail Bulletin newspapers and a three other sites were posted within the application's vicinity. 3. On May 11, 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. 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 Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 per the California Environmental Quality Act of 1970 (CEQA), Section 15162(a). 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 is in Tract 50314; Lot 6, a 15 -lot subdivision with flat graded buildable pads approved in 1998 and is adjacent to the Country Estates. The vacant property is approximately 1.80 gross acres, 78,228 square feet. The situs address is 3109 Windmill Drive. The near rectangular lot has two flat buildable pads. Beyond the pads is the slope, drainage and maintenance easement that slopes downward to the canyon. A sewer and 30 feet utility easement are at the lot's front. The property contains protected/preserved trees located outside of the buildable pads. No grading or construction will take place within five (5) feet of the outer drip line of these trees. No protective fencing is required. (b) The site's General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC and it is zoned Single Family Residential - Minimum Lot Size 20,000 Square Feet (R-1-20,000). (c) The following zones surround the site: to the north and east is R-1- 20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family Residence - Minimum Lot Size 9,000 Square Feet (R-1-9,000). (d) The application is a request to construct a two-story, single-family residence of approximately 10,344 gross square feet including balconies, porch, porte cochere, covered patio, and three car garage; site improvements including retaining walls to a maximum six feet exposed height; and a Minor Conditional Use Permit approval for a circular driveway 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. The City Council approved Tract Map No. 50314 as a Vesting Tentative Tract Map on February 3, 1998. The 1995 adopted General Plan land use designation is Rural Residential (RR) (1 du/acre). The tract is approximately 39 acres divided into 15 lots that 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 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. 50314's Master Environmental Impact Report No. 97-1, 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, 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 Pian, City Design Guidelines, or any applicable specific plan. 3 The project's architectural features include: a two story parte cochere and porch entry with columns; balconies with French doors and precast concrete balusters front and back; the rear balcony creates a covered patio; two story arched bay windows at the living room and garage corners that emphasize the streetscape's two story turret -like extensions; the perpendicular garage and circular driveway hide the garage door feature which 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 rooffines add texture and contrast. The proposed materials and colors were compared with previously approved projects in the vicinity. The combination of beige, brown, natural stone, 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 other homes eclectic architectural style within Tracts 50314, 48487, 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 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 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. 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. 4 Additionally, Windmill Drive slopes from higher to lower elevation. 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 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 per the California Environmental Quality Act of 1970 (CEQA), Section 15162(x). 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. The proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and has the minimum 50 percent landscape in the front yard. The project's streetscape architectural features and design include the two story parte cochere and porch entry with columns. The perpendicular garage and circular driveway hide the typical garage door feature. This adds variation and stateliness at the streetscape. The circular driveway with the above features adds to the project's grandeur. The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc. are compatible in the vicinity and the site is physically suitable and absent of physical constraints. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (k), the proposed use is consistent with the General Plan and any there is no applicable specific plan. 4 (m) The design, location, size and operating char- proposed use are compatible with the existing and fut-.: the vicinity. As stated in Items (k), the design, location, size, et•-, with the existing and future land uses in the vicinity_ (n) The subject site is physically suitable for the type and df ofuse being proposed including access, provisic i compatibility with adjoining land uses, and the ab�cr: constraints. As stated in Items (k), the subject site is physical'; type and densitylintensity of use being proposed ineas provisions of utilities, compatibility with adjoining lay° absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not r, the public interest, health, safety, convenience, c -i materially injurious to person, property or improver — and zoning districts in which the property is locatL Soils report, fire department approval, structural ;. permits, and inspections are required for cont . processes will ensure that the finished project will r!, to the public health, safety, or welfare, or materiai, properties or improvements in the vicinity. (p) The proposed project has been reviewed in con provisions of the California Environmental Quality. The environmental evaluation shows that the pro, consistent with the previously certified Master Envirr., Report No. 97-1 for Tract Map No. 50314 pct Environmental Quality Act of 1970 (CEQA), Ser. further environmental review is necessary. 5. Based upon the findings and conclusion set forth abov,' Commission hereby approves this Application subje�.. conditions: (a) The project shall substantially conform to site pi - elevations, and materials/colors board collectively la -1, dated May 11, 2004, as submitted and approved R Commission, and as amended herein. 9 (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) A Precise Drainage and Grading Plan shall be prepared in accordance with City requirements by a California licensed Civil Engineer. (e) The Precise Grading Plan shall show the location of any retaining walls and elevations for the top of wall/footing and the finished grade on both sides of the retaining wall. (f) Indicate slope and drainage maintenance easement on all plans. (g) Retaining walls shall not exceed an exposed height of 42 inches in the front setback of 55 feet from center line to six feet thereafter. (h) Applicant shall delineate construction details with calculations for retaining walls and a Precise Grading Pian. (i) Retaining walls shall be submitted to the City's Building and Safety Division for approval. Q) The Applicant shall provide service connections for water, sewer, gas, electric, etc. (k) Before the issuance of any permits issued between October 1 s' and April 15th, an Erosion Control Plan shall be required. 7 (I) If required by the Public Works Director, the Applicant shall comply with the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. Before the issuance of any City permits, Best Management Practices (BMP's) shall be required to be incorporated into the project plans for both construction and post -construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP Fact Sheets can be obtained through this Division. (m) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the Applicant shall provide a hydrology study. (n) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (o) As required by the City Engineer, a geotechnical report shall be submitted from a California licensed Geotechnical Engineer. (p) Driveway slope shall be shown on plans. (q) Surface water shall drain away from building at 2 percent minimum slope. (r) 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. (s) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (t) A Fire Department approval shall be required. 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 '/z inch in any dimension except where such openings are equipped with sash or door; 8 -1►1►1101 (4) Chimneys shall have spark arresters of maximum %2 inch screen. (u) This single-family structure shall meet the State Energy Conservation Standards. (v) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. (w) A Kitchen or other cooking facilities are prohibited in the game 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 appurtenance related to the above. (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) Driveway color/pattern shall be submitted to the Planning Division prior to installation for review and approval. (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 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. (aa) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (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 9 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 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. (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, owner, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 11th DAY OF MAY 2004, BY THE DIAMOND BAR PLANNING COMMISSI . Dan Nolan, Chairman 10 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 11thday of May, 2004, by the following vote: AYES: Commissioners: McManus, V/C Tanaka, Low, Tye, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Co missioner None. ATTEST: 10 Jam DeStefa o, Secretary 11 PLANNING COMMISSION A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-10/MINOR CONDITIONAL USE PERMIT NO. 2004-05, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 10,344 GROSS SQUARE FEET INCLUDING PORCHES, PORTE COCHERE, BALCONIES, AND THREE CAR GARAGE; SITE IMPROVEMENTS INCLUDING RETAINING WALLS TO A MAXIMUM SIX FEET EXPOSED HEIGHT; AND A MINOR CONDITIONAL USE PERMIT APPROVAL FOR A CIRCULAR DRIVEWAY THE PROJECT ADDRESS IS 3109 WINDMILL DRIVE (LOT 6, 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. 2004-10/Minor Conditional Use Permit No. 2004-05, for a property located at 3109 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 April 22, 2004, 42 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 29, 2004, the public hearing notification for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a three other sites were posted within the application's vicinity. 3. On May 11, 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: 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 Master Environmental Impact Report No. 97-1 for Tract Map No. 50314 per the California Environmental Quality Act of 1970 (CEQA), Section 15162(x). 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 is in Tract 50314; Lot 6, a 15 -lot subdivision with flat graded buildable pads approved in 1998 and is adjacent to the Country Estates. The vacant property is approximately 1.80 gross acres, 78,228 square feet. The situs address is 3109 Windmill Drive. The near rectangular lot has two flat buildable pads. Beyond the pads is the slope, drainage and maintenance easement that slopes downward to the canyon. A sewer and 30 feet utility easement are at the lot's front. The property contains protected/preserved trees located outside of the buildable pads. No grading or construction will take place within five (5) feet of the outer drip line of these trees. No protective fencing is required. (b) The site's General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC and it is zoned Single Family Residential Minimum Lot Size 20,000 Square Feet (R-1-20,000). (c) The following zones surround the site: to the north and east is R- 120,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family ResidenceMinimum Lot Size 9,000 Square Feet (R-1-9,000). (d) The application is a request to construct a two-story, single-family residence of approximately 10,344 gross square feet including balconies, porch, porte cochere, covered patio, and three car garage; site improvements including retaining walls to a maximum six feet exposed height; and a Minor Conditional Use Permit approval for a circular driveway 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. The City Council approved Tract Map No. 50314 as a Vesting Tentative Tract Map on February 3, 1998. The 1995 adopted General Plan land use designation is Rural Residential (RR) (1 du/acre). The tract is approximately 39 acres divided into 15 lots that 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 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. 50314's Master Environmental Impact Report No. 97- 1, 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, 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. ( 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. 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 covered patio, two story arched bay windows at the living room and garage corners that emphasize the streetscape's two story turret -like extensions, the perpendicular garage and circular driveway hide the garage door feature which 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 The proposed materials and colors were compared with previously approved projects in the vicinity. The combination of beige, brown, natural stone, 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 other homes eclectic architectural style within Tracts 50314, 48487, 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 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, 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 (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 Additionally, Windmill Drive slopes from higher to lower elevation. 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 significantly impact views. 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 per the California Environmental Quality Act of 1970 (CEQA), Section 15162(x). 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. The proposed single family use is allowed within the zoning district and complies with all other applicable provisions of the Municipal Code. The circular driveway meets the parcel size and has the minimum 50 percent landscape in the front yard. The project's streetscape architectural features and design include the two story porte cochere and porch entry with columns. The perpendicular garage and circular driveway hide the typical garage door feature. This adds variation and stateliness at the streetscape. The circular driveway with the above features adds to the project's grandeur. The circular driveway use is allowed in the zone and complies with the Municipal Code standards and is consistent with the General Plan. The design, location, size, etc. are compatible in the vicinity and the site is physically suitable and absent of physical (I The proposed use is consistent with the General Plan and any applicable specific plan. As state in Item (k), the proposed use is consistent with the General Plan and any there is no applicable specific plan. (m The design, location, size and operating char: proposed use are compatible with the existing and fut _: the vicinity. As stated in Items (k), the design, location, size, et". with the existing and future land uses in the vicinity. (n) The subject site is physically suitable for the type and d' of use being proposed including access, provisic. compatibility with adjoining land uses, and the abler: As stated in Items (k), the subject site is physical; type and densityMtensity of use being proposed inc' provisions of utilities, compatibility with adjoining far absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not t; the public interest, health, safety, convenience, c-, materially injurious to person, property or improverrr 1 and zoning districts in which the property is locate Soils report, fire department approval, structural permits, and inspections are required for con, . processes will ensure that the finished project will rt to the public health, safety, or welfare, or The proposed project has been reviewed in con provisions of the California Environmental Quality. The environmental evaluation shows that the pro, consistent with the previously certified Master Envirr Report No. 97-1 for Tract Map No. 50314 pc' Environmental Quality Act of 1970 (CEQA), Sec, further environmental review is 5. Based upon the findings and conclusion set forth abov,,. Commission hereby approves this Application subject onditions: (a) The project shall substantially conform to site pielevations, and materials/colors board collectively lai., dated May 11, 2004, as submitted and approved 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) A Precise Drainage and Grading Plan shall be prepared in accordance with City requirements by a California licensed Civil Engineer. (e) The Precise Grading Plan shall show the location of any retaining walls and elevations for the top of wall/footing and the finished grade on both sides of the retaining wall. (f) Indicate slope and drainage maintenance easement on all plans. (g) (h) Applicant shall delineate construction details with calculations for retaining walls and a Precise Grading Plan. (i Retaining walls shall be submitted to the City's Building and Safety Division for approval. The Applicant shall provide service connections for water, sewer, gas, electric, etc. (k) Before the issuance of any permits issued between October Ist and April 15th, an Erosion Control Plan shall be required. (I If required by the Public Works Director, the Applicant shall comply with the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. Before the issuance of any City permits, Best Management Practices (BMP's) shall be required to be incorporated into the project plans for both construction and post -construction activities. BMP's are detailed in the latest edition of the California Storm Water Best Management Practices Handbook or BMP Fact Sheets can be obtained through this Division. (m If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the Applicant shall provide a hydrology study. (n) Applicant shall provide certification from soils and civil engineers that the pad is properly compacted and at the proper elevation. (o) As required by the City Engineer, a geotechnical report shall be submitted from a California licensed Geotechnical Engineer. Driveway slope shall be shown on plans. Surface water shall drain away from building at 2 percent minimum slope. (r) 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. (s) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (t) A Fire Department approval shall be required. The single-family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: 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; All enclosed under -floor areas shall be constructed as exterior walls; All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than Ya inch nor more than 'h inch in any dimension except where such openings are equipped with sash or door; PLANNIN (4) Chimneys shall have spark arresters of maximum' z inch screen. (u) This single-family structure shall meet the State Energy Conservation Standards. (v) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 2001 California Building Code. A Kitchen or other cooking facilities are prohibited in the game 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 appurtenance related to the above. (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.) ( Driveway color/pattern shall be submitted to the Planning Division prior to installation for review and approval. (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 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. (aa) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division. (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 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. (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 cashiers 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, 4300, Torrance, CA 90503. APPROVED AND ADOPTED THIS THE 11th DAY OF MAY 2004, BY THE IDIAMOND BAR PLANNING COMMISSI ON. 9r I,0 Dan Nolan, ChaihRNSMI" 1 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 II thday of May, 2004, by the following vote: AYES: Commissioners: McManus, V/C Tanaka, Low, Tye, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners; None. ATTEST V IL Jam DeStef rho, Secretary