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HomeMy WebLinkAboutPC 2004-45PLANNING COMMISSION RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-35, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PATIO AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 9,477 SQUARE FEET AND A SITE RETAINING WALL WITH AN EXPOSED HEIGHT OF APPROXIMATELY 42 INCHES. THE PROJECT SITE IS LOCATED AT 3067 WINDMILL DRIVE (LOT 2, 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. 2004-35, for a property located at 3067 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in Ithe title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On September 28, 2004, 35 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. On October 1, 2004, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other sites were posted within the vicinity of the application. 3. On October 12, 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 hlereby 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 onsistent with the previously certified Master Environmental Impact Repo No. 97-1 for Tract No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(x) of Article 11 of the California Code of Regulations. No further environment 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 753.6 (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 lojcated at 3067 Windmill Drive, Diamond Bar, California. The projecsite is the vacant Lot 2 of Tract 50314, a 15 -lot subdivision with grad:d buildable pads approved by the City Council on February 3, 1998. Tract 50314 is adjacent to the Country Estates. The rectangular shaped lot has two fiat buildable pads 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 and sewer purposes. The lot is approximately 1.7 gross acres and the buildable pad areas are .35 and .21 acres. (b) The property contains protected/preserved trees, located outside of the buildable pad at the front, north side and the rear downward sloping side of the property. The trees include California Black Walnuts, Sugar Gumsj Mondell Pines, Coast Live Oaks, Scrub Oaks and Mexican Elderberries. (c) The project site is zoned Single Family Residential -Minimum Lot Size 40,000 Square FeetR-1-40,000). Its General Pian Land Use designation is Rural R sidential (RR), Maximum 1 DU/AC. (d) Generally, the following zones surround the subject site: to the north, south and east is R-1-40,000; and R-1-8,000 to the west. (e) The application is a request to construct a two-story, single-family residence with balconies, patio and four car garage totaling to approximately 9,477 square feet and a site retaining wall with a maximum exposed height of 42 inches. WA DEVELOPMENT REVIEW (f) 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 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. 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. (g) 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' Master Environmental Impact Report No. 97-1, certified by the City, addresses the design and layout of the neighborhood and 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. (h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. 3 The project's architectural features include a two story portico%ntry with columns and arch detail, varying roofline and stucco exterior with stucco details of cornice and window treatments for styling. These features and the varying the 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 terracotta palette and the building's architecture blend into the overall streetscape nicely. The selected materials and colors are consistent and the style is compatible with the eclectic architectural style of other homes in neighboring Tract 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 enha ce the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (i) The design of the pr posed 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 aesthOtically appealing. As referenced in the above findings, colors, materials, and textures proposed are complinf Dentary 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 visitingi 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. Q} The proposed project'mill not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or rosale(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 ml properties orimproveents in the vicinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the entrance of the tract and at a lower elevation than its northerly nei Ihbors. By maintaining the allowed height requirements, the prop sed residential structure allows view corridors 4 for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (k) 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 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 Califomia 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 ma erials/colors board collectively labeled as Exhibit "A" dated Oct ber 12, 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 theentitlement 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 p'lursuant to the Building and Safety Division's requirements along toe 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. ,91 PUBLIC WORKS (d) Applicant must submit an updated geotechnical report by a Geotechnical Engineer, licensed by the State of California, for review and approval by the City. (e) Prior to any Building and Safety Division submittals, a grading permit must be obtained from the Public Works/Engineering Division. (f) 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) The Grading Plan shill show the location of any retaining walls and the elevations of thel, top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Drainage Plan. (h) Applicant shall submit retaining wall calculations to the Building and Safety Division for approval. (i) Applicant must provide service connections for water, sewer, gas, electric, etc. (j) If applicable, all draihage/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. (k) Finished slope must conform to Diamond Bar Municipal Code Section 22.22.080 -Grading. (1) Rough and final grade certifications by project soils and civil engineers must be submitted to the Public Works/Engineering and Building & Safety Divisions prior to placement of concrete pads and the issuance of any final inspections respectively. (m) A grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Public Works Division. (n) Before the issuance of any City permits, erosion control plans shall be submitted for the City'si review and approval. Measures shall be in C. place for construction started after September 15 through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (o) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (p) Drainage pattern shall be reviewed and approved by the Public Works Division; surface wat�r shall drain awayfrom the building o minimum slope. gata2/o (q) Driveway slope shall be shown on plans. BUILDING AND SAFETY (r) The Public Works Divlision shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; (2) Retaining walls shall be required to be ornamental by using stucco or deco ative block; (3) Engineered cal ulations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with standard detail and delinleate: (a) Top of wall; (b) Top of footing; (c) Finish S rface; (d) Structural calculations; and (s) Any future pool and spa or tennis court shall require separate permits. (t) The single-family structure shall meet the 2001 California Codes: Uniform Building Code Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 N�tional Electrical Code requirements. (u) The minimum design Wind pressure shall be 80 miles per hour and "C" exposure. (v) The single-family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: 7 PLANNING (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/ 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. (w) This single-family structure shall meet the State Energy Conservation Standards. (x) Smoke detectors shall be provided in all sleeping rooms. (y) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (z) Applicant shall not use dirty kitchen as a second unit. (aa) Applicant shall show footing setback and shall meet section 18 of t building code. he BUYERS' AWARENESS (bb) A condition of approva�for Tract No. 50314 requires the preparation of a "Buyers' Aware nest Package". This includes, but is not limited to: 1) Information pedaining to geologic issues regarding the properties; 2) Wildlife corridors; 3) Oak and walnut Preservation issues; 4) The existence j and constrains pertaining to Significant Ecological Area No. 15 and Tonner Canyon; 5) Explanatory information pertaining to restrictions on use of the properties as necessary; 6) And, similar relatled matters. A program was instituted to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser. This program incorporated a signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the information within the Package. This program also required that a copy of this receipt be forwarded to the City. To ensure the effectiveness of this program, it will be a condition of approval that the applicant submits to the City a copy of this receipt 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., hardscapes, pool/spa, retaining walls, additional landscaping.) (cc) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (dd) Within 60 days of theCertificate 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. Landscape i,and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (ee) Applicant shall submii a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (ff) 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. (gg) 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 qiingle-family residence shall not be used for commercial/institution0i purposes, or otherwise used as a separate dwelling. The propertylshall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (hh) 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 mast be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (ii) 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. (jj) 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 (11$) 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 12th [SAY OF OCTOBER, 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of October 2004, by the following vote: AYES: Commissioners: McManus, Tye, Low, V/C Tanaka, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: ' None ATTEST: WDetefano, Sdcretary 10 PLANNING COMMISSION RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-35, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PATIO AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 9,477 SQUARE FEET AND A SITE RETAINING WALL WITH AN EXPOSED HEIGHT OF APPROXIMATELY 42 INCHES. THE PROJECT SITE IS LOCATED AT 3067 WINDMILL DRIVE (LOT 2, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windnill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2004-35, for a property located at 3067 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 September 28, 2004, 35 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. On October 1, 2004, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other sites were posted within the vicinity of the application. .3. On October 12, 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. 97-1 for Tract No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment 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 3067 Windmill Drive, Diamond Bar, California. The project site is the vacant Lot 2 of Tract 50314, a 15 -lot subdivision with graded buildable pads approved by the City Council on February 3, 1998. Tract 50314 is adjacent to the Country Estates. The rectangular shaped lot has two flat buildable pads 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 and sewer purposes. The lot is approximately 1.7 gross acres and the buildable pad areas are .35 and .21 acres. (b) The property contains protected/preserved trees, located outside of the buildable pad at the front, north side and the rear downward sloping side of the property. The trees include California Black Walnuts, Sugar Gumsj Mondell Pines, Coast Live Oaks, Scrub Oaks and Mexican Elderberries. (c) The project site is zoned Single Family Residential -Minimum Lot Size 40,000 Square Feet KR -1-40,000). Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (d) Generally, the following zones surround the subject site: to the north, south and east is R-1-'0,000; and R-1-8,000 to the west. (e) The application is a request to construct a two-story, single-family residence with balconies, patio and four car garage totaling to approximately 9,477 square feet and a site retaining wall with a maximum exposed height of 42 inches. DEVELOPMENT REVIEW (f) (9) 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 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 maintaiing 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. 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. 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'. Master Environmental Impact Report No. 97-1, certified by the Cit , addresses the design and layout of the neighborhood and 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 d signed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not int0ere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhanQa 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/entry with columns and arch detail, varying roofline and stucco exterior with stucco details of cornice and window treatments for styling. These features and the varying tile rooflines add texture and contrast. G) The proposed materials/colors board was compared with previously approved boards in the vicinity. The combinations of off-white, beige and terracotta 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 to neighboring Tract 48487, 47850 and 50314, and the Country Esta es, yet allow variation in the overall palette and textures. Therefore, the proposed project is consistent with and will maintain and enha ce the harmonious, orderly and attractive development contemplated by Chapter22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. The design of the proposed development will provide a desirable environment for its dccupants 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 complinhentary 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. The proposed project will not be detrimental to the public health, safety, or welfare or aterially injurious (e.g., negative affect on property values or r4sale(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 entrance 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 4 for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (k) 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 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 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 ma erials/colors board collectively labeled as Exhibit "A" dated October 12, 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, tiansportation, 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 (d) Applicant must submit an updated geotechnical report by a Geotechnical Engineer, licensed by the State of California, for review and approval by the City. (e) Prior to any Building and Safety Division submittals, a grading permit must be obtained from the Public Works/Engineering Division. M (9) 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. The Grading Plan shall show the location of any retaining walls and the elevations of thel top of wail/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the Drainage Plan. (h) Applicant shall submit retaining wall calculations to the Building and Safety Division for approval. (i) Applicant must provide service connections for water, sewer, gas, electric, etc. (j) If applicable, all draihage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with th 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. (k) Finished slope must conform to Diamond Bar Municipal Code Section 22.22.080 -Grading. (I) (m) Rough and final grade certifications by project soils and civil engineers must be submitted to the Public Works/Engineering and Building & Safety Divisions prior to placement of concrete pads and the issuance of any final inspections respectively. A grading plan review and approval is required for cut/fill quantities greater than 50 cubic yards, otherwise a fine grade/drainage plan shall be filed with the City's Public Works Division. (n) Before the issuance of any City permits, erosion control plans shall be submitted for the City'sl, review and approval. Measures shall be in 6 place for construction started after September 15 through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (o) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. (p) (q) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. Driveway slope shall be shown on plans. BUILDING AND SAFETY (r) The Public Works Division shall review retaining walls: (1) Retaining walls shall not be constructed of wood or wood products; (2) Retaining walls shall be required to be ornamental by using stucco or deco ative block; (3) Engineered cal ulations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish S rface; (d) Structural calculations; and (s) Any future pool and spa or tennis court shall require separate permits. (t) The single-family structure shall meet the 2001 California Codes: Uniform Building Code Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 N—tional Electrical Code requirements. (u) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. I (v) 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 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/a inch nor more than Y2 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. PLANNING This single-family structure shall meet the State Energy Conservation Standards. (x) Smoke detectors shall be provided in all sleeping rooms. (y) Prior to the issuance Of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (z) Applicant shall not use dirty kitchen as a second unit. (aa) Applicant shall show fdoting setback and shall meet section 18 of the building code. (w) BUYERS' AWARENESS (bb) A condition of approva'for Tract No. 50314 requires the preparation of a "Buyers' Awarenes Package". This includes, but is not limited to: 1) Information pertaining to geologic issues regarding the properties; 2) Wildlife corridors; 3) Oak and walnut preservation issues; 4) The existence and constrains pertaining to Significant Ecological Area No. 15 and Tonner Canyon; 5) Explanatory information pertaining to restrictions on use of the properties as necessary; 6) And, similar related matters. A program was instituted to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser. This program incorporated a signed receipt by the prospective purchaser verifying 8 receipt of the Package and that the prospective purchaser read the information within the Package. This program also required that a copy of this receipt be forwarded to the City. To ensure the effectiveness of this program, it will be a condition of approval that the applicant submits to the City a copy of this receipt 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., hardscapes, pool/spa, retaining walls, additional landscaping.) (cc) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (dd) Within 60 days of thejCertificate of Occupancy, the applicant shall be required to submit a I ndscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 50314 and delineate the typ of planting materials, color, size, quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (ee) Applicant shall submii a detailed driveway design including pattern, color, and landscaping for Planning Division review and approval. (ff) 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. (gg) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residents I 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/institutionol purposes, or otherwise used as a separate dwelling. The propertylshall not be used for regular gatherings which result in a nuisance or (which create traffic and parking problems in the neighborhood. (hh) 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. 9 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. 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 (11,5) 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 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 adoptioh of this Resolution; and (b) Forthwith transmit a dertified 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 12th DAY OF OCTOBER, 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Dan Nolan, Chairman I, James DeStefano, Planning Commissionh 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 12th day of October 2004, by the following vote: AYES: Commissioners: McManus, Tye, Low, V/C Tanaka, Chair Nolan NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: ik Commissioners: None ATTEST: 10