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HomeMy WebLinkAboutPC 2004-28PLAN RESOI A RESOLUTION OF THE PLS DIAMOND BAR APPROVINC A REQUEST TO CONSTRi RESIDENCE WITH BALCON GARAGE TOTALING TO Al AND A RETAINING WALL W SIX FEET. THE PROJECT DRIVE (LOT 7, TRACT 5031 A. RECITALS 3 COMMISSION ON NO. 2004-28 NNING COMMISSION OF THE CITY OF DEVELOPMENT REVIEW NO. 2004-20, ICT A TWO-STORY SINGLE-FAMILY ES, PATIO AND ATTACHED FOUR CAR PROXIMATELY 9,333 SQUARE FEET rH A MAXIMUM EXPOSED HEIGHT OF ITE IS LOCATED AT 3119 WINDMILL ), DIAMOND BAR, CALIFORNIA. The property owner, Wind ill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2004-20, for a property located at 3119 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject D velopment Review shall be referred to as the "Application." 2. On June 15, 2004, 52 property owners within a 500 -foot radius of the project site were notified by mail arid a notice of public hearing on a display board was posted at the project site and displayed at least 10 days before the public hearing. On June 25, 2004, three sites were posted within the vicinity of the application. On June 29, 2004, notification of the public hearing for this project was made in th San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On July 13, 2004, the Pla ning Commission of the City of Diamond Bar 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 No. 50314 according to the California Environmental Quality Act of 1970 (CEOA) and guidelines promulgated thereunder, p California Code of Regulatic 3. The Planning Commission having considered the rec below, and changes and all conditioned upon the propo evidence before the Plannii will have the potential of habitat upon which the wildl the Planning Commission h contained in Section 753, Regulations. 4. Based upon the findings Commission, hereby finds (a) The project site is Ic California. The projec subdivision with gradc on February 3, 1998. The rectangular sha balance of the lot sic slope, drainage and rr feet utility easement a for access and street sewer purposes. The buildable pad area uti the lower pad is .29 ac residence will remain expanded on the north garage perpendicular irsuant to Section 15162(a) of Article 11 of the ns. No further environment review is necessary. hereby specifically finds and determines that, ird as a whole including the findings set forth ;rations which have been incorporated into and ,ed project set forth in the application, there is no g Commission that the project proposed herein i. adverse effect on wild life resources or the fe depends. Based upon substantial evidence, �reby rebuts the presumption of adverse effects i (d) of Title 14 of the California Code of I conclusions set forth herein, the Planning follows: cated at 3119 Windmill Drive, Diamond Bar, site is the vacant Lot 7 of Tract 50314, a 15 -lot !d buildable pads approved by the City Council Tract 50314 is adjacent to the Country Estates. }ed lot has two flat buildable pads and the yes downward to the canyon and is part of a aintenance easement. There is a sewer and 30 t the front of the lot. There are also easements purposes and an easement for sanitary and lot is approximately 1.21 gross acres and the ized for the single family residence is .34 and res. The pad area utilized for the single family the same size except for 10 feet that will be side to provide for proper back out area for the o the street. (b) The property contains protected/preserved trees, located outside of the buildable pad located at the front, north side and the rear downward sloping side of the property. Those trees include California Black Walnuts, Sugar Gums, Mondell Pines, Coast Live Oaks, Scrub Oaks and Mexican EI erberries. (c) The property contains the buildable pad. rved trees, located outside of (d) The project site is zone Single Family Residential -Minimum Lot Size 40,000 Square Feet R-1-40,000). Its General Plan Land Use designation is Rural R sidential (RR), Maximum 1 DU/AC. (e) Generally, the following zones surround the subject site: to the north, south and east is 1-40,000; and R-1-8,000 to the west. (f) The application is residence with bale 9,333 square feet height of six (6) fey E request to construct a two-story, single-family !ies and four car garage totaling to approximately I a site retaining wall with a maximum exposed (e) The design and lay ut of the proposed development are consistent with the General Plan, development standards of the applicable district, design gui elines, and architectural criteria for specialized area (e.g., theme ar as, specific plans, community plans, boulevards, or planned develop Inents. The General Plan was adopted on July 25, 1995, and the Final Tract Map No. 50314 was approved on April 18, 2002. The proposed project complies with the City's General Plan objectives and strategies related to maintaining density, 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. Furthern iore, 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 layo t 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. 5031 Master Environmental Impact Report No. 97-1, certified by the Ci , addresses the design and layout of the neighborhood as we I as the flow of pedestrian and vehicular traffic. The project site is an undeveloped lot within an approved tract designed for single -f mily homes. Windmill Drive and ccess roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These private streets are d signed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not inte ere with the use and enjoyment of neighboring existing or future de elopment will not create traffic or pedestrian hazards. 3 (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 conter iplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project's architectural features include a two story portico%ntry with columns and rch detail which is also used for the window treatment at the gar ige wing; rear balcony with wrought iron railing, and stucco exterior with stucco details of cornice and window treatments for stylin . These features and the varying tile rooflines add texture and contrast. The proposed mate als/colors board was compared with previously approved boards in e vicinity. The combinations of off-white, beige and stone 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 neighborin Tract 48487,47850 and 50314, and the Country Estates, yet allow variation in the overall palette and textures. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Cha pter 22.48, the General Plan, City Design Guidelines. There is o applicable specific plan. (h) The design of the p oposed 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 MY provide a desirable environment for its occupants and visitin public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appeals g. Additionally, a Covenant and Agreement is required and runs wit the land to maintain a single-family residence. (s) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values orresale(s) of property) to the properties or improvements in the vicinity. Structural plan check,) City permits, and inspections, soils report and Fire Department ap ovals, are required for construction. These 4 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, the to in in the vicinity of Windmill Drive is hilly. The subject site is at the middle of the tract and at a lower elevation than its northerly neighbors are. By maintaining the allowed height requirements, the p oposed 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 C lifornia 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 Tact Map Nos. 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 f Regulation. No further environmental review is necessary. 5. Based upon the findings aid conclusion set forth above, the Deputy City Manager hereby approves t is Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and m terials/colors board collectively labeled as Exhibit "A" dated Ju y 7, 2004, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site sh 11 be maintained in a condition that is free of debris both durinc 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 ontractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commerc al, construction, and industrial areas within the City. It shall be the pplicant's obligation to insure that the waste contractor utilized haobtained permits from the City of Diamond Bar to provide such servi es. (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 5 debris of any kind is I the Planning Divisioi Official approves its during construction. PUBLIC WORKS (d) If required by the f Safety Division pla geotechnical report of California, for re% )laced within the vegetated area until released by i and the balance shall remain until the Building removal. Sanitation facilities shall be provided iblic Works Director, prior to any Building and check submittal the applicant must submit a I a Geotechnical Engineer, licensed by the State �w and approval by the City. (e) If required by the P blic Works Director, prior to any Building and Safety Division plan check submittals, a grading permit must be obtained from the P blic Works/Engineering Division. (f) If required by the Public Works Director, prior to any Building and Safety Division plan cteck submittals, the applicant must submit a Drainage Plan prepared by a Civil Engineer, licensed by the State of California, for review and approval by the City. The Drainage Plans ail be prepared in accordance with the City's Requirements for Plan Check. This includes using the correct title block format for the drawings. A list of requirements for grading plan check can be obtained from the Public Works/Engineering Division. (g) Grading Plan shall show the location of any retaining wall and the elevations at the top of wall and footing and finished grade on both sides of the retairiing ail. Construction details for the retaining wall shall be shown on the Drainage Plan. (h) Prior to obtaining a building permit retaining wall calculations shall be submitted to the Building and Safety Division for approval. (i) The applicant must p ovide service connections for Water, Sewer, Gas, Electric, etc. (j) Applicant shall submit an Erosion Control Plan concurrently with the drainage plan clearly detailing erosion control measures for the cities review and approval. hese measures shall be implemented during construction between October 1$t and April 15th. (k) All storm water drainage/runoff from the development shall be conveyed from the site to an appropriate drainage facility or the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels. C (1) If applicable, the Stormwater Mitic Management Prac- plans for both con: (m) Applicant shall h Section 22.22.080 Jiicant shall comply with Standard Urban I Plan (SUSMP) requirements. Best (BMP's) shall be incorporated into the project ion and post -construction activities, the finished slope conform to City Code Jing. (n) Applicant shall provide rough and final grade certifications by project soils and civil engineers. Said certification they shall be submitted to the Public Works/Engineering and Building & Safety Divisions prior to placement of concrete pads and the final inspections respectively. BUILDING AND SAFETY (o) The retaining wall shall be approved by the Building and Safety Division after the appropriate grading information is submitted. (1) Retaining wa I shall not be constructed of wood or wood products; (2) Footings shall be designed for expansive soil. (3) Retaining walls shall be required to be ornamental by using stucco or decorative block; (4) Engineered cz Iculations shall be submitted with retaining walls; (5) Indicate retaining wall locations on grading plan with standard detail and deli Bate: (a) Top of all; (b) Top of ooting; (c) FinishSurface; on both sides of the retaining wall (d) Structural calculations; and (6) Retaining walls exposed height.shall not exceed an exposed height six feet Except for the front yard setback which shall not exceed a maximum exposed height of 42". (p) Any future pool ands a or tennis court shall require separate permits. (q) The Building setback shall meet Section 18 of the current building code (building setbac o. {r) The proposed theate� with stage shall not be used for commercial use. (s) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical, Code, and the 2001 National Electrical Code requirements. 7 PLANNING (t) The minimum desig "C exposure. (u) The single-family str the following require (1) All roof cover shall be fire flame or mem (2) All unenclose exterior walls; (3) All openings ii shall be coves than 1/ inch r where such of (4) Chimneys shi screen, (v) This single-family Standards. (w) Surface water shall d (x) Smoke detectors (y) Prior to the issuance construction plans to review and approval. BUYERS' AWARENESS (z) wind pressure shall be 80 miles per hour and is located in "Fire Zone 4" and shall meet of that fire zone: g shall be "Fire Retardant, Class A"; the roofs opped at the eaves to preclude entry of the ers under the fire; under -floor areas shall be constructed as to the attic, floor, and/or other enclosed areas ?d with corrosion -resistant wire mesh not less )r more than 1/2 inch in any dimension except Enings are equipped with sash or door; II have spark arresters of maximum 1/2 inch re shall meet the State Energy Conservation away from building at 2% minimum slope I be provided in all sleeping rooms. of any city permits, the applicant shall submit the Los Angeles County Fire Department for Applicant shall submit a copy of the receipt of the "Buyers' Awareness Package" signed by the prospective buyer before the issuance of Certificate of Occupancy. In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e., hrdscapes, pool/spa, retaining walls, additional landscaping.) (aa) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the city prior to the issuance of any city p rmits. Lf (bb) Within sixty days of submit a landscape, The plan shall reflE delineate the type location. Landscape months of the Certif he Certificate of Occupancy, the applicant shall rrigation plan for the City's review and approval. A the guidelines set forth by Tract 50314 and )f planting materials, color, size, quantity and and irrigation shall be installed within six (6) :ate of Occupancy issuance or final inspection. (cc) Applicant shall sub it a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval within 60 days of this approval. (dd) Applicant shall comr ly with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fir Department. (ee) The single-family re creates adverse effc setting of the resider traffic, or other distui and shall not result ii and resources. The commercial/institutio dwelling. The proper result in a nuisance c neighborhood. (ff) The owner shall com Maintain a Single Fa City. The covenant i Angeles County's Re permit. (gg) This grant is valid (i.e., construction) wi (1) year extension n writing at least 60 de Manager will considE hearing in accordant Development Code. ,idence shall not be utilized in a manner that cts upon the neighborhood and environmental tial site to levels of dust, glare/light, noise, odor, )ances to the existing residential neighborhood significantly adverse effects on public services single-family residence shall not be used for iai purposes, or otherwise used as a separate � shall not be used for regular gatherings which which create traffic and parking problems in the lete and record a "Covenant and Agreement to Lily Residence" on a form to be provided by the ust be completed and recorded with the Los order's Office prior to the issuance of a building for two .(2) years and shall be exercised lin that period or this grant shall expire. A one- iy be approved when submitted to the City in ,s prior to the expiration date. The Deputy City the extension request at a duly noticed public with Chapter 22.72 of the City of Diamond Bar (hh) This grant shall not b effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (1 5) 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 0 conditions of this gr nt. Further, this grant shall not be effective until the permittee pays remaining City processing fees. 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 H S 13th DAY OF JULY 2004, BY THE PLANNING COMMISSION OF THE CI OF IAM ND BAR. W I, James DeStefano, Planning Commissi Resolution was duly introduced, passed, City of Diamond Bar, at a regular meetir day of July 2004, by the following vote: AYES: Commission{ Secretary, do hereby certify that the foregoing 3d adopted by the Planning Commission of the of the Planning Commission held on the 13th McManus, Tye, V/C Tanaka, C/Nolan NOES: Commissioners: None ABSENT: Commissioners: Low ABSTAIN: Commissioners: None ATTEST: Jarnads DeStef no, S cretary 10 PLANNING COMMISSION RESOLUTION NO. 2004-28 A RESOLUTION OF THE PL NNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVIN DEVELOPMENT REVIEW NO. 2004-20, A REQUEST TO CONSTR CT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCON ES, PATIO AND ATTACHED FOUR CAR GARAGE TOTALING TO A PROXIMATELY 9,333 SQUARE FEET AND A RETAINING WALL W TH A MAXIMUM EXPOSED HEIGHT OF SIX FEET. THE PROJECT ITE IS LOCATED AT 3119 WINDMILL DRIVE (LOT 7, TRACT 5031 ), DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Wind ill Estates, LLC, and applicant, Richard Gould, have filed an application for DeDvelopment Review No. 2004-20, for a property located at 3119 Wi dmill rive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject D elopment Review shall be referred to as the "Application." 2. On June 15, 2004, 52 property owners within a 500 -foot radius of the project site were notified by mail a 'd a notice of public hearing on a display board was posted at the project ite and displayed at least 10 days before the public hearing. On June 25, 2004, three sites were posted within the vicinity of the application. On Jun 29, 2004, notification of the public hearing for this project was made in th San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On July 13, 2004, the Pla ning Commission of the City of Diamond Bar 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 ereby 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 .above in this Resolution is Environmental Impact Repo California Environmental C hereby determines that the project identified :onsistent with the previously certified Master t No. 97-1 for Tract No. 50314 according to the !uality Act of 1970 (CEQA) and guidelines promulgated thereunder, p California Code of Regulati rsuant to Section 15162(a) of Article 11 of the ns. No further environment review is necessary. a 3. The Planning Commission hereby specifically finds and determines that, having considered the rec rd as a whole including the findings set forth below, and changes and alt rations which have been incorporated into and conditioned upon the propo ed project set forth in the application, there is no evidence before the Planni g Commission that the project proposed herein will have the potential of n adverse effect on wild life resources or the habitat upon which the wild) fe depends. Based upon substantial evidence, the Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753. (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings al Commission, hereby finds a (a) The project site is I California. The projec subdivision with grad on February 3, 1998. The rectangular sha d conclusions set forth herein, the Planning follows: cated at 3119 Windmill Drive, Diamond Bar, site is the vacant Lot 7 of Tract 50314, a 15 -lot d buildable pads approved by the City Council ract 50314 is adjacent to the Country Estates. A ed lot has two flat buildable pads and the es downward to the canyon and is part of a balance of the lot slo slope, drainage and feet utility easement a for access and street sewer purposes. Th buildable pad area uti the lower pad is .29 a residence will remain expanded on the nort garage perpendicular (b) The property contains the buildable pad to downward sloping side Black Walnuts, Sugar Oaks and Mexican Elc (c) The property contains the buildable pad. (d) 11 aintenance easement. There is a sewer and 30 the front of the lot. There are also easements purposes and an easement for sanitary and lot is approximately 1.21 gross acres and the ized for the single family residence is .34 and res. The pad area utilized for the single family the same size except for 10 feet that will be side to provide for proper back out area for the o the street. protected/preserved trees, located outside of ated at the front, north side and the rear of the property. Those trees include California Sums, Mondell Pines, Coast Live Oaks, Scrub erberries. rotected/preserved trees, located outside of The project site is zone 40,000 Square Feet designation is Rural RE i Single Family Residential -Minimum Lot Size R-1-40,000). Its General Plan Land Use sidential (RR), Maximum 1 DU/AC. I I (e) Generally, the folio ng zones surround the subject site: to the north, south and east is 9- 1-40,000; and R-1-8,000 to the west. (f) The application is request to construct a two-story, single-family residence with balc nies and four car garage totaling to approximately 9,333 square feet and a site retaining wall with a maximum exposed height of six (6) fee ADMINISTRATIVE DEVELOPMENT RI VIEW (e) The design and lay with the General district, design gui ut of the proposed development are consistent (f) or planned develop area (e.g., theme ar neighborhoods and related to maint project complies wit, Map No. 50314 w The General Plan eclectic architectur Standards. Further The project is co Ian, development standards of the applicable elines, and architectural criteria for specialized as, specific plans, community plans, boulevards, ents. s adopted on July 25, 1995, and the Final Tract s approved on April 18, 2002. The proposed the City's General Plan objectives and strategies fining density, the integrity of residential pen space, and the City's Design Guidelines. sistent with the Tract Map's Development ore, the proposed project is compatible with the I style and design, materials, and colors of existing homes with n the surrounding area. There is no specific or additional community planned development for the site. development will not The design and layo with the use and designed for single-f neighborhood as we The project site is certified by the Ci Tract Map No. 5031 existing or future de hazards. residence will not inte residential develop private streets are d and Steeplechase L Windmill Drive and t of the proposed development will not interfere njoyment of neighboring existing or future create traffic or pedestrian hazards. Master Environmental Impact Report No. 97-1, addresses the design and layout of the as the flow of pedestrian and vehicular traffic. n undeveloped lot within an approved tract mily homes. cess roads in the vicinity, Wagon Train Lane ne, adequately serve the project site. These signed to handle minimum traffic created by ent. Therefore, the use of a single -family re with the use and enjoyment of neighboring elopment will not create traffic or pedestrian (9) (h) (i) The architectural de with the characteri maintain and enh development Conte Design Guidelines, The project's archit with columns and mkm wkr gr and stucco exterio treatments for stylin add texture and con The proposed mate approved boards in and stone palette an streetscape nicely. and the style is com, homes in neighborin, Estates, yet allow Therefore, the pro and enhance the h contemplated by C, Guidelines. There is The design of the p environment for its neighbors, through g that will remain aest ign of the proposed development is compatible tics of the surrounding neighborhood and will nce the harmonious, orderly and attractive plated by Chapter 22.48, the General Plan, City r any applicable specific plan. ctural features include a two story portico%ntry rch detail which is also used for the window ge wing; rear balcony with wrought iron railing; with stucco details of cornice and window These features and the varying the rooflines cast. gals/colors board was compared with previously e vicinity. The combinations ofoff-white, beige the building's architecture blend into the overall he selected materials and colors are consistent tib/e with the eclectic architectural style of other Tract 48487,47850 and 50314, and the Country ariation in the overall palette and textures. ed project is consistent with and will maintain rmonious, orderly and attractive development apter 22.48, the General Plan, City Design o applicable specific plan. oposed development will provide a desirable cupants and visiting public, as well as its od aesthetic use of materials, texture, and color etically appealing. As referenced in the—bove findings, colors, materials, and textures proposed are compli entary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project occupants and visitin aesthetic use of m aesthetically appeali— required and runs wit The proposed projec safety, or welfare or property values or improvements in the Structural plan check, Fire Department ap, 7 provide a desirable environment for its public, as well as its neighbors, through good teria/s, texture, and color that will remain g. Additionally, a Covenant and Agreement is the land to maintain asingle-family residence. will not be detrimental to the public health, materially injurious (e.g., negative affect on esale(s) of property) to the properties or icinity. City permits, and inspections; soils report and ovals, are required for construction. These 5. G) processes will enst to the public healtt properties or impro Additionally, the tei subject site is at the its northerly neigh requirements, the p for the neighboring, not be significantly The proposed proj provisions of the Ci rre that the finished project will not be detrimental , safety, or welfare, or materially injurious to the rements in the vicinity. rain in the vicinity of Windmill Drive is hilly. The middle of the tract and at a lower elevation than bors are. By maintaining the allowed height oposed residential structure allows view corridors properties. Therefore, the proposed residence will detrimental with respect to view blockage impact. ,ct has been reviewed in compliance with the lifornia Environmental Quality Act (CEQA). The environmental consistent with the) Report No. 97-1 for Environmental Qu promulgated thereu the California Code necessary. Based upon the findings a Manager hereby approves t (a) (b) The project shall s elevations, and m Exhibit "A" dated Ju Planning Commissic The subject site shy debris both durinc implementation of th trash, debris, and construction, shall bE duly permitted waste to provide collection, evaluation shows that the proposed project is Previously certified Master Environmental Impact tract Map Nos. 50314 according to the California ility Act of 1970 (CEQA) and guidelines ?der, pursuant to Section 15162(a) of Article i 1 of ,f Regulation. No further environmental review is d conclusion set forth above, the Deputy City is Application subject to the following conditions: .bstantially conform to site plan, floor plans, iterials/colors board collectively labeled as ly 7, 2004, as submitted and approved by the n, and as amended herein. I be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by ontractor, who has been authorized by the City ransportation, 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 ha obtained permits from the City of Diamond Bar to provide such services. (c) Before construction construction fencing requirements along remain at the buildab begins, the applicant shall install temporary ursuant to the Building and Safety Division's he project site's perimeter. The fence shall e pad to ensure no construction equipment or debris of any kind is laced within the vegetated area until released by the Planning Divisio and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) If required by the Pi Safety Division plan geotechnical report b of California, for revih (e) If required by the Pt. Safety Division plan obtained from the Pu M If required by the Pt Safety Division plan Drainage Plan prepa California, for review iblic Works Director, prior to any Building and check submittal the applicant must submit a y a Geotechnical Engineer, licensed by the State ;w and approval by the City. iblic Works Director, prior to any Building and check submittals, a grading permit must be blic Works/Engineering Division. blic Works Director, prior to any Building and check submittals, the applicant must submit a ed by a Civil Engineer, licensed by the State of and approval by the City. The Drainage Plan s Requirements for PI block format for the di check can be obtaine (g) Grading Plan shall s elevations at the top sides of the retaining shall be shown on the iall be prepared in accordance with the City's n Check. This includes using the correct title 'awings. A list of requirements for grading plan d from the Public Works/Engineering Division. ow the location of any retaining wall and the )f wall and footing and finished grade on both vall. Construction details for the retaining wall Drainage Plan. (h) Prior to obtaining a bu Iding permit retaining wall calculations shall be submitted to the Building and Safety Division for approval. (i) The applicant must provide service connections for Water, Sewer, Gas, Electric, etc. (j) Applicant shall submit drainage plan clearly c review and approval. construction between (k) All storm water drair conveyed from the si natural drainage court adjacent parcels. an Erosion Control Plan concurrently with the etailing erosion control measures for the cities these measures shall be implemented during Dctober 15i and April 15th. age/runoff from the development shall be :e to an appropriate drainage facility or the e. No on-site drainage shall be conveyed to (I) If applicable, the applicant shall comply with Standard Urban Stormwater Mitig tion Plan (SUSMP) requirements. Best Management Practi es (BMP's) shall be incorporated into the project plans for both const uction and post -construction activities. (m) Applicant shall have the finished slope conform to City Code Section 22.22.080 (1) (2) (3) (4) (5) (n) Applicant shall provi soils and civil engin the Public Works/En placement of concre BUILDING AND SAFETY (6) (o) The retaining wall $hall be approved by the Building and Safety Division after the ap (p) (q) (r) rading. r5 de rough and final grade certifications by project ers. Said certification they shall be submitted to gineering and Building & Safety Divisions prior to to pads and the final inspections respectively. 10 ropriate grading information is submitted. Retaining wa products; Footings shall Retaining wal stucco or dec Engineered c Indicate retain detail and deli (a) Top of (b) Top of (c) Finish (d) Structu Retaining wall height six feet not exceed a Any future pool and s I shall not be constructed of wood or wood be designed for expansive soil. s shall be required to be ornamental by using rative block; Iculations shall be submitted with retaining walls; ng wall locations on grading plan with standard eate: all; ooting; urface; on both sides of the retaining wall al calculations; and exposed height shall not exceed an exposed Except for the front yard setback which shall aximum exposed height of 42". a or tennis court shall require separate permits. The Building setback code (building setbac The proposed theate use. shall meet Section 18 of the current building with stage shall not be used for commercial (s) The single-family structure shall meet the 2001 California Codes: Uniform Building Cod , Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. (t) The minimum desigh wind pressure shall be 80 miles per hour and "C" exposure. PLANNING (u) The single-family structure is located in "Fire Zone 4" and shall meet the following require ents of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire topped at the eaves to preclude entry of the flame or me hers under the fire; (2) All unenclos d under -floor areas shall be constructed as exterior walls; (3) All openings i to the attic, floor, and/or other enclosed areas shall be cove ed with corrosion -resistant wire mesh not less than 1/a inch or more than 1/2 inch in any dimension except where such o enings are equipped with sash or door; (4) Chimneys sh II have spark arresters of maximum 1/2 inch screen. (v) This single-family strt)cture shall meet the State Energy Conservation Standards. (w) Surface water shall drain away from building at 2% minimum slope. (x) Smoke detectors shall be provided in all sleeping rooms. (y) Prior to the issuance of any city permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. BUYERS' AWARENESS (z) Applicant shall submit Package" signed by Certificate of Occupa property, then receipt improvements (i.e., h landscaping.) (aa) Applicant shall make District as necessary, issuance of any city p a copy of the receipt of the "Buyers' Awareness he prospective buyer before the issuance of cy. In the event no buyer has purchased the is to be forwarded before approval of future rdscapes, pool/spa, retaining walls, additional an application to the Walnut Valley Water nd submit their approval to the city prior to the rmits. (bb) Within sixty days of the Certificate of Occupancy, the applicant shall 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. Landscap and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance or final inspection. (cc) Applicant shall sub color, and landsca within 60 days of thi (dd) approved by the Fir Division; and Publi Applicant shall corn (ee) The single-family re creates adverse eff setting of the reside traffic, or other distu and shall not result i and resources. The corn mercialli nstitutio dwelling. The prope result in a nuisance o neighborhood. (ff) The owner shall corn Maintain a Single Fa City. The covenant Angeles County's Re permit. (99) (hh) hearing in accordanc Development Code. Manager will conside writing at least 60 da (1) year extension m it a detailed driveway design including pattern, ng for Planning Division review and approval approval. ly with Planning and Zoning; Building and Safety Works Division; and the application shall be Department. idence shall not be utilized in a manner that cts upon the neighborhood and environmental tial site to levels of dust, glare/light, noise, odor, ances to the existing residential neighborhood significantly adverse effects on public services single-family residence shall not be used for at purposes, or otherwise used as a separate shall not be used for regular gatherings which which create traffic and parking problems in the lete and record a "Covenant and Agreement to ly Residence" on a form to be provided by the ust be completed and recorded with the Los order's Office prior to the issuance of a building for two (2) years and shall be exercised (i.e., construction) wit This grant is valid their affidavit stating t Diamond Bar Comm and owner of the pro filed, within fifteen (1 This grant shall not b in that period or this grant shall expire. A one y be approved when submitted to the City in s prior to the expiration date. The Deputy City the extension request at a duly noticed public with Chapter22.72 of the City of Diamond Bar effective for any purpose until the permittee erty involved (if other than the permittee) have ) days of approval of this grant, at the City of nity and Development Services Department, at they are aware and agree to accept all the conditions of this gr nt. Further, this grant shall not be effective until the permittee pays remaining City processing fees. 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 Boul vard, #300, Torrance, CA 90503. OF JULY 2004, BY THE PLANNING APPROVED AND CI ADOPTED/THIS OFA AMOND BAR. COMMISSION OF THE BY: I, James DeStefano, Planning Commissi n Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meetin of the Planning Commission held on the 13th day of July 2004, by the following vote: AYES: Commissione s: McManus, Tye, V/C Tanaka, C/Nolan NOES: Commissione s: None ABSENT: Commissione s: Low ABSTAIN: Commissions s: None ATTEST: 10