HomeMy WebLinkAboutPC 2004-36PLANNING COMMISSION
RESOLUTION NO. 2004-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2004-28, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-
FAMILY RESIDENCE WITH BALCONIES, PATIO AND ATTACHED
FOUR CAR GARAGE TOTALING TO APPROXIMATELY 7, 899
SQUARE FEET AND TWO RETAINING WALLS WITH A MAXIMUM
EXPOSED HEIGHT OF FIVE FEET. THE PROJECT SITE IS
LOCATED AT 3038 WINDMILL DRIVE (LOT 3, TRACT 48487),
DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Windmill Estates, LLC, and applicant, Richard Gould,
have filed an application for Development Review No. 2004-28, for a
property located at 3038 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 August 4, 2004, 32 property owners within a 500 -foot radius of the project
site were notified by mail and 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 August 10, 2004 notification of the public hearing for this
project was made in the San Gabriel Valley Tribune and Inland Valley Dail
Bulletin newspapers. Additionally, three other sites were posted within the
vicinity of the application on August 6, 2004.
3. On August 24, 2004 the Planning 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. 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.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before the Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
the Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, the Planning
Commission hereby finds as follows:
(a) The project site is located at 3038 Windmill Drive, Diamond Bar,
California. The project site is the vacant Lot 5 of Tract 48487, a 15 -lot
subdivision with graded buildable pads approved by the City Council
on October 20,1995. Tract 48487 is adjacent to the Country Estates.
The rectangular shaped lot has a flat buildable pad and the balance of
the lot slopes downward to the canyon and is part of a slope, drainage
and maintenance easement. There is a sewer and 30 feet utility
easement at the front of the lot. There are also easements for access
and street purposes and an easement for sanitary purposes. The lot
is approximately .92 gross acres and the buildable pad area is .24
acres. The pad area will remain the same size except for 7 feet that
will be expanded on the side yard to for proper back out area for the
garage perpendicular to the street that stretches to the and the
retaining wall in the rear is required to meet the rear yard setback.
The property contains protected/preserved California Black Walnuts
trees in the rear, due to the mitigation monitoring program located
outside of the buildable pad.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC and zoning designation of Single
Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-
20,000). Generally, the following zone surrounds the project 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).
(c) The application is a request to construct a two-story, single-family
residence with balconies and four car garage totaling to approximately
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7,699 square feet and two site retaining walls with a maximum
exposed height of five feet.
ADMINISTRATIVE DEVELOPMENT REVIEW
(e) The design and layout of the proposed development are consistent
with the General Plan, development standards of the applicable
district, design guidelines, and architectural criteria for specialized
area (e.g., theme areas, specific plans, community plans, boulevards,
or planned developments.
Originally, Tract Map No. 48487 was an approved Vesting Tentative
Tract Map in June 1992. At that time, the city was operating under a
draft General Plan. The General Plan was adopted on July 25, 1995
and the Final Tract Map No. 48487 was approved on October 20,
1995. However Vesting Tentative Tract Map No. 48487 was designed
at 25 percent below the maximum allowable density and has an
overall average density of 1.33 dwelling units peracre which complies
with the land use designation of Rural Residential (Maximum 1
DU/AC) identified in the adopted General Plan objectives and
strategies related to maintaining the integrity of residential
neighborhoods and open space, the City's Design guidelines.
The project is consistent with the Tract Map's Development
Standards. Furthermore, the proposed project is compatible with the
eclectic architectural style and design, materials, and colors of
existing homes within the surrounding area. There is no specific or
additional community planned development for the site.
(f) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development will not create traffic or pedestrian hazards.
Tract Map No. 48487s Master Environmental Impact Report No. 91-2,
certified by the City, addresses the design and layout of the
neighborhood as well as the flow of pedestrian and vehicular traffic.
The project site is an undeveloped lot within an approved tract
designed for single-family homes.
Windmill Drive and access roads in the vicinity, 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.
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(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
The project's architectural features include a two story portico%ntry
with columns and arch detail used for the window treatment at the
lower floor, and stucco exterior with stucco details of cornice and
window treatments for styling. These features and the varying tile
rooflines add texture and contrast.
The proposed materials/colors board was compared with previously
approved boards in the vicinity. The combinations of off-white, beige
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 neighboring Tracts 48487,47850 and 50314, and the
Country Estates, yet allows 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 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, colors, materials, and textures
proposed are complimentary to the existing homes within the area
while offering variety and low levels of maintenance. Therefore, the
proposed project will provide a desirable environment for its
occupants and visiting public, as well as its neighbors, through good
aesthetic use of materials, texture, and color that will remain
aesthetically appealing. Additionally, a Covenant and Agreement is
required and runs with the land to maintain a single-family residence.
(i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan check, City permits, and inspections; soils report and
Fire Department approvals, are required for construction. These
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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 terrain 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 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. 477850, 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.
5. Based upon the findings and conclusion set forth above, the Deputy City
Manager 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 August 24, 2004, as submitted and approved by the
Planning Commission, and as amended herein.
(b) The subject site shall be maintained in a condition that is free of
debris both during and after the construction, addition, or
implementation of the entitlement granted herein. The removal of all
trash, debris, and refuse, whether during or subsequent to
construction, shall be done only by the property owner, applicant or by
duly permitted waste contractor, who has been authorized by the City
to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar
to provide such services.
(c) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. The fence shall
remain at the buildable pad to ensure no construction equipment or
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debris of any kind is placed within the vegetated area until released by
the Planning Division and the balance shall remain until the Building
Official approves its removal. Sanitation facilities shall be provided
during construction.
PUBLIC WORKS
(d) If required by the Public Works Director and prior to any Building and
Safety Division plan check submittal, the applicant shall submit a
geotechnical report by a Geotechnical Engineer, licensed by the State
of California, for review and approval by the City.
(e) If required by the Public Works Director and prior to any Building and
Safety Division plan check submittals, a grading permit shall be
obtained from the Public Works/Engineering Division.
(f) If required by the Public Works Director and prior to any Building and
Safety Division pian check submittals, the applicant shall submit a
Drainage Plan prepared by a Civil Engineer, licensed by the State of
California, for review and approval by the City.
The Drainage Plan shall 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 retaining wall. 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 shall provide service connections for Water, Sewer,
Gas, Electric, etc.
Q} Applicant shall submit an Erosion Control Plan concurrently with the
drainage plan clearly detailing erosion control measures for the cities
review and approval. These measures shall be implemented during
construction between October 1" 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.
(1) If applicable, the applicant shall comply with Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements. Best
Management Practices (BMP's) shall be incorporated into the project
plans for both construction and post -construction activities.
(m) Applicant shall have the finished slope conform to City Code Section
22.22.080 -Grading.
(n) Applicant shall provide rough and final grade certifications by project
soils and civil engineers. Said certification 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 wall 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 calculations shall be submitted with retaining walls;
(5) Indicate retaining wall locations on grading plan with standard
detail and delineate:
(a) Top of wall;
(b) Top of footing;
(c) Finish Surface; on both sides of the retaining wall
(d) Structural calculations; and
(5) 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 and spa or tennis court shall require separate permits.
(q) The building setback shall meet Section 18 of the current building
code (building setback).
(r) 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.
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PLANNING
(s) The minimum design wind pressure shall be 80 miles per hour and
"C" exposure.
(t) The single-family structure is located in "Fire Zone 4" and shall meet
the following requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the roofs
shall be fire stopped at the eaves to preclude entry of the
flame or members under the fire;
(2) All unenclosed under -floor areas shall be constructed as
exterior walls;
(3) All openings into the attic, floor, and/or other enclosed areas
shall be covered with corrosion -resistant wire mesh not less
than 1/4 inch nor more than '/2 inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys shall have spark arresters of maximum '/2 inch
screen.
(u) This single-family structure shall meet the State Energy Conservation
Standards.
(v) Surface water shall drain away from building at 2% minimum slope.
(w) Smoke detectors shall be provided in all sleeping rooms.
(x) 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.
(y) Building shall be designed for expansive soil.
(z) The dirty kitchen shall be built as part of the larger kitchen.
BUYERS' AWARENESS
(aa) 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 shall be forwarded before
approval of future improvements (i.e. hardscapes, pool/spa,
retaining walls, additional landscaping.)
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(bb) 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 permits.
(cc) 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 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 or final inspection.
(dd) Applicant shall submit a detailed driveway design including pattern,
color, and landscaping for Planning Division review and approval
within 60 days of this approval.
(ee) 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.
(ff) 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.
(gg) 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.
(hh) 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 Deputy City
Manager 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.
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(ii) 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.
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 24th DAY OF AUGUST 2004, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
B:
Jack Tanaka, Vice Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 24th
day of August 2004, by the following vote:
ATTEST:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
James deStefano, Secretary
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Low, McManus, Tye, V/C Tanaka
C/Nolan
PLANNING
COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
NO. 2004-28, A REQUEST TO CONSTRUCT A TWO-STORY
SINGLEFAMILY RESIDENCE WITH BALCONIES, PATIO AND
ATTACHED FOUR CAR GARAGE TOTALING TO
APPROXIMATELY 7, 899 SQUARE FEET AND TWO RETAINING
WALLS WITH A MAXIMUM EXPOSED HEIGHT OF FIVE FEET.
THE PROJECT SITE IS LOCATED AT 3038 WINDMILL DRIVE
(LOT 3, TRACT 48487), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have
filed an application for Development Review No. 2004-28, for a property located
at 3038 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 August 4, 2004, 32 property owners within a 500 -foot radius of the project site
were notified by mail and 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 August 10, 2004 notification of the public hearing for this project was made in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
Additionally, three other sites were posted within the vicinity of the application
on August 6, 2004.
3. On August 24, 2004 the Planning 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 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. 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.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there is no evidence
before the Planning Commission that the project proposed herein will have
the potential of an adverse effect on wild life resources or the habitat upon
which the wildlife depends. Based upon substantial evidence, the Planning
Commission hereby rebuts the presumption of adverse effects contained in
Section 753.5 (d) of Title 14 of the California Code of Regulations.
4. Based upon the findings and conclusions set forth herein, the Planning
Commission hereby finds as follows:
(a) The project site is located at 3038 Windmill Drive, Diamond Bar,
California. The project site is the vacant Lot 5 of Tract 48487, a 15 -lot
subdivision with graded buildable pads approved by the City Council
on October 20, 1995. Tract 48487 is adjacent to the Country Estates.
The rectangular shaped lot has a flat buildable pad and the balance of
the lot slopes downward to the canyon and is part of a slope, drainage
and maintenance easement. There is a sewer and 30 feet utility
easement at the front of the lot. There are also easements for access
and street purposes and an easement for sanitary purposes. The lot is
approximately .92 gross acres and the buildable pad area is .24 acres.
The pad area will remain the same size except for 7 feet that will be
expanded on the side yard to for proper back out area for the garage
perpendicular to the street that stretches to the and the retaining wall
in the rear is required to meet the rear yard setback. The property
contains protected/preserved California Black Walnuts trees in the
rear, due to the mitigation monitoring program located outside of the
buildable pad.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC and zoning designation of Single
Family Residence -Minimum Lot Size 20,000 Square Feet (R-120,000).
Generally, the following zone surrounds the project site: to the north and
east is R-1-20,000; to the south is Heavy Agri culturalMinimum 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).
(c) The application is a request to constrict a two-story, single-family residence
with balconies and four car garage totaling to approximately
7,899 square feet and two site retaining walls with a maximum exposed
height of five feet.
ADMINISTRATIVE DEVELOPMENT REVIEW
(e) The design and layout of the proposed development are consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area (e.g.,
theme areas, specific plans, community plans, boulevards, or planned
developments.
Originally, Tract Map No. 48487 was an approved Vesting
Tentative Tract Map in June 1992. At that time, the city was
operating under a draft General Plan. The General Plan was
adopted on July 25, 1995 and the Final Tract Map No. 48487 was
approved on October 20, 1995. However Vesting Tentative
Tract Map No. 48487 was designed at 25 percent below the
maximum allowable density and has an overall average density
of 1.33 dwelling units per acre which complies with the land
use designation of Rural Residential (Maximum 1 DU/AC)
identified in the adopted General Plan objectives and
strategies related to maintaining the integrity of residential
The project is consistent with the Tract Map's Development
Standards. Furthermore, the proposed project is compatible
with the eclectic architectural style and design, materials, and
colors of existing homes within the surrounding area. There is
no specific or additional community planned development for
(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 as well as the flow of pedestrian and
vehicular traffic. The project site is an undeveloped lot within
an approved tract designed for single-family homes.
Windmill Drive and access roads in the vicinity, 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 project's architectural features include a two story portico%ntry
with columns and arch detail used for the window treatment at the
lower floor; and stucco exterior with stucco details of cornice and
window treatments for styling. These features and the varying tile
rooflines add texture and contrast.
The proposed materials/colors board was compared with previously
approved boards in the vicinity. The combinations of off-white, beige
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 neighboring Tracts 48487, 47850 and 50314,
and the Country Estates, yet allows 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 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, colors, materials, and textures
proposed are complimentary to the existing homes within the area
while offering variety and low levels of maintenance. Therefore, the
proposed project will provide a desirable environment for its
occupants and visiting public, as well as its neighbors, through good
aesthetic use of materials, texture, and color that will remain
aesthetically appealing. Additionally, a Covenant and Agreement is
required and runs with the land to maintain a single-family
(i The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan check, City permits, and inspections, soils report and
Fire Department approvals, are required for construction. These
processes will ensure that the finished project will not be
detrimental to the public health, safety, or welfare, or materially
injurious to the properties or improvements in the vicinity.
Additionally, the terrain 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 proposed residential
structure allows view corridors for the neighboring properties.
Therefore, the proposed residence will not be significantly
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project
is consistent with the previously certified Master
Environmental Impact Report No. 91-2 for Tract Map Nos.
477850, 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
5. Based upon the findings and conclusion set forth above, the Deputy City Manager
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
August 24, 2004, as submitted and approved by the Planning
Commission, and as amended herein.
(b) The subject site shall be maintained in a condition that is free of debris
both during and after the construction, addition, or implementation of
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction, shall be done
only by the property owner, applicant or by duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor
utilized has obtained permits from the City of Diamond Bar to
provide such services.
(c) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
requirements along the project site's perimeter. The fence shall remain
at the buildable pad to ensure no construction equipment or
PUBLIC
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
constriction.
(d) If required by the Public Works Director and prior to any Building and
Safety Division plan check submittal, the applicant shall submit a
geotechnical report by a Geotechnical Engineer, licensed by the State of
California, for review and approval by the City.
(e) If required by the Public Works Director and prior to any Building and Safety
Division plan check submittals, a grading permit shall be obtained from the
Public Works/Engineering Division.
(f) If required by the Public Works Director and prior to any Building and Safety
Division plan check submittals, the applicant shall submit a Drainage Plan
prepared by a Civil Engineer, licensed by the State of California, for review
and approval by the City.
1. The Drainage Plan shall 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.
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 retaining wall. Constriction 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 shall provide service connections for Water, Sewer, Gas, Electric,
etc.
Q) Applicant shall submit an Erosion Control Plan concurrently with the drainage
plan clearly detailing erosion control measures for the cities review and
approval. These measures shall be implemented during constriction between
October 1st 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.
(I If applicable, the applicant shall comply with Standard Urban
Stormwater Mitigation Plan (SUSMP) requirements. Best
Management Practices (BMP's) shall be incorporated into the project
plans for both construction and post -construction activities.
(m) Applicant shall have the finished slope conform to City Code
Section 22.22.080 -Grading.
(n) Applicant shall provide rough and final grade certifications by project soils
and civil engineers. Said certification 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 wall 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 calculations shall be submitted with retaining walls;
(5) Indicate retaining wall locations on grading plan with standard
detail and delineate:
(a) Top of wall; (b)
Top of footing;
(c) Finish Surface; on both sides of the retaining wall (d)
Structural calculations; and
(5) 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".
Any future pool and spa or tennis court shall require separate permits.
The building setback shall meet Section 18 of the current
building code (building setback).
(r) 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.
PLANNIN
(s) The minimum design wind pressure shall be 80 miles per hour and "C"
exposure.
(t) The single-family stricture is located in "Fire Zone 4" and shall meet the
following requirements of that fire zone:
(1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be
fire stopped at the eaves to preclude entry of the flame or
members under the fire;
(2) All unenclosed 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.
(u) This single-family stricture shall meet the State Energy Conservation Standards.
(v) Surface water shall drain away from building at 2% minimum slope.
(w) Smoke detectors shall be provided in all sleeping rooms.
(x) Prior to the issuance of any City permits, the applicant shall submit constriction
plans to the Los Angeles County Fire Department for review and approval.
(y) Building shall be designed for expansive soil.
(z) The dirty kitchen shall be built as part of the larger kitchen.
BUYERS' AWARENESS
(aa) 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 shall be forwarded before approval of future
improvements (i.e. hardscapes, pool/spa, retaining walls, additional
landscaping.)
(bb) 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 permits.
(cc) 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 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 or final inspection.
(dd) Applicant shall submit a detailed driveway design including pattern, color, and
landscaping for Planning Division review and approval within 60 days of this
approval.
(ee) 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.
(ff) 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.
(gg) 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.
(hh) 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 Deputy City Manager 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.
(ii) 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.
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 24th DAY OF AUGUST 2004, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Jack Tanaka, Vice Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of
Diamond Bar, at a regular meeting of the Planning Commission held on the 24th day of August
2004, by the following vote:
ATTEST
AYES: Commissioners: Low, McManus, Tye, V/C Tanaka
NOES: Commissioners:
ABSENT: Commissioners:
James GkeStefano, Secretary
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