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HomeMy WebLinkAboutPC 2005-05PLANNING COMMISSION RESOLUTION NO. 2005-05 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-43 AND MINOR CONDITIONAL USE PERMIT NO. 2005-01, A REQUEST TO CONSTRUCT A TWO-STdRY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 11,000 SQUARE FEET AND A CIRCULAR DRIVEWAY WIT ACCESS POINTS 20 FEET WIDE AT THE FRONT PROPERTY LINE. THE PROJECT SITE IS LOCATED AT 3138 WINDMILL DRIVE (LOT 13, 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. 2004-43 and Minor Conditional Use Permit No. 005-01, for a property located at 3138 Windmill Drive, Diamond Bar, Los An geles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditi nal Use Permit shall be referred to as the "Application." 2. On January 24, 2005, 46 property owners within a 700 -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 January 27, 2005, notification of the public hearing for this proje t was made in the San Gabriel Valley Tribune and Inland Valley Bolletin newspapers and three other sites were posted within the vicinity of the application. 3. On February 8, 2005, 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 foundj, 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 uality Act of 1970 (CEQA) and guidelines promulgated thereunder, p rsuant to Section 15162(a) of Article 11 of the California Code of Regulati ns. 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. (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings ailid conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project site is located at 3138 Windmill Drive, Diamond Bar, California. The project site is the vacant Lot 13 of Tract 50314, a 15 - lot subdivision with graded buildable pads approved by the City Council on February 8, 1998. Tract 50314 is adjacent to The Country Estates. The project site is vacant and the lot is an irregular rectangular shape. It s rough graded with a buildable flat pad for the front half of the lot while the rear half slopes down toward the rear property line. According to the tract map, the project site is approximately 146,368 gross square feet (3.36 gross acres) with a pad area of 29,516 gross square feet. There are easements for street, utilities, access and sewer purposes within the front portion of the project site. Within the rear portion of the project site are easements for slopediand drainage maintenance and open space, equestrian and hiking'trail purposes. Adjacent to the north property line and extending within the lower rear portion of the project site is a storm drain, sewer an access easement. Outside the pad and on the rear slope is n tural vegetation, which is the required re - vegetation landscape mitigation plan approved for Tract Map No. 50314. (b) The General Plan lad use designation for project site of Rural Residential (RR) Maximum 1 DU/AC and the zoning designation is Single Family Residen e -Minimum Lot Size 40,000 square feet (R-1- 40,000). (c) Generally, the following zones surround the project site: to the north, south, east and west is the R-1-40,000. 2 _ (d) The application is a request for approval to construct a two-story single-family residence of approximately 11,000 square feet including balconies, porch, covered patio and attached four -car garage. The Minor Conditional Use Permit request is for approval to construct a driveway wider than the maximum 14 feet allowed at the front property line. DEVELOPMENT REVIEW (e) The design and layc ut of the proposed development are consistent with the General P an, 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 w s 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 consis ent with the Tract Map's Development Standards and the City's Deve! pment Code where applicable. Furthermore, the proposed project is c qmpatible with the eclectic architectural style and design, materials, and colors of existing homes within Tract No. 50314 and the surrounds area. There is no specific or additional g community planned evelopment 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 and will not create traffic or pedestrian hazards., Tract Map No. 50314's Master Environmental impact Report No. 97-1, certified by the Cit , addresses the design and layout of the neighborhood and tiie 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 ccess roads in the vicinity, Wagon Train Lane and Steeplechase L ne, adequately serve the project site. These private streets are c esigned to handle minimum traffic created by residential developr ient. Therefore, the use of a single-family residence will not int rfere with the use and enjoyment of neighboring existing or future dev lopment and will not create traffic or pedestrian hazards. 3 (g) The architectural des with the characterisl maintain and enha development contem Design Guidelines, o The project's architec entry, window arrang rear elevation, roof a► varying rooflines add the massive appea► residential structure c The proposed mate► approved boards in t tan and terracotta architectural style hz The selected mater compatible with the neighboring Tract Estates, yet allow Therefore, the propc and enhance the he contemplated by CI Guidelines. There is gn of the proposed development is compatible cs of the surrounding neighborhood and will ice the harmonious, orderly and attractive dated by Chapter 22.48, the General Plan, City any applicable specific plan. features include columns that flank the front it and style, varying planes on the front and ition and balconies. These features and the est to the proposed residence and reduces that an 11, 000 square foot, two-story possess. Is/colors board was compared with previously vicinity. The combinations of off-white, beige, palette and the building's Mediterranean noniously blend into the overall streetscape. s and colors are consistent and the style is ,clectic architectural style of other homes in 487, 47850 and 50314, and The Country Wation in the overall palette and textures. �d project is consistent with and will maintain nonious, orderly and attractive development Ater 22.48, the General Plan, City Design 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 a proposed are complin while offering variety proposed project wil occupants and visiting aesthetic use of ma, aesthetically appealinc required and runs with (i} The proposed project safety, or welfare or property values or n improvements in the vi )ve Findings, colors, materials, and textures ntary to the existing homes within the area d low levels of maintenance. Therefore, the provide a desirable environment for its ublic, as well as its .neighbors, through good rials, texture, and color that will remain Additionally, a Covenant and Agreement is ,e land to maintain a single-family residence. will not be detrimental to the public health, naterially injurious (e.g., negative affect on :sale(s) of property) to the properties or :inity. Structural plan check, City permits, and inspections; soils report and Fire Department appy vals, 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. 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 projE provisions of the Ca The environmental consistent with the Report No. 97-1 for Environmental Qu promulgated thereu the California Code necessary. MINOR CONDITIONAL USE PERMIT (k) The proposed use is applicable provision Code; As stated in Findings use is allowed withi, applicable Developrr development stand4 No. 50314. Pursuant to Develc widths greater than approval of a Minor i only to provide acc garages. ' No other p the front yard. Drive setback greater than minimum width of 10 line. has been reviewed in compliance with the 'nia Environmental Quality Act (CEQA). valuation shows that the proposed project is eviously certified Master Environmental Impact 'Tact Map Nos. 50314 according to the California lity Act of 1970 (CEQA) and guidelines der, pursuant to Section 15162(a) ofArticle 11 of f Regulation. No further environmental review is (lowed within the subject zoning district with the of the Development Code and the Municipal e) through (i) above, the proposed single-family the RR zoning district and complies with all ant Code standards for that zoning district and ds set forth in the approval of Tract Map iment Code Section 22.30.080(5), driveway allowed for a single-family use requires the onditional Use Permit. Driveways are intended ass to required off-street parking spaces in ving, except walkways, shall be allowed within vays that provide access to garages, having a ?4 feet from the street property line shall have a get and a maximum width of 14 feet at property For this project, a circular driveway is proposed with both access points having a width of 20 feet at the street property line. Circular driveways and widerdriveways are not uncommon within this gated community. In this area, lots are generally wider at the street property 5 line due to the lot's size can accommodate circular driveways and wider driveways. Additionally, many driveways in the area are wider due to the number of stalls within a garage and Fire Department requirements. According to the Fire Department, the proposed construction must be within 150 feet of a vehicular access driveway that is 20 feet wide. Therefore, the 20 foot wide access at the street property line may be required by the Fire Department for its vehicle access for fire fighting purposes. (I) The proposed use is consistent with the General Plan and any applicable specific pl n; As stated in Finding (e) above, the proposed use is consistent with the General Plan and there is no applicable specific plan. (m) The design, locatio , size and operating characteristics of the proposed use are copatible with the existing and future land uses in the vicinity; As stated in Findings (t), (g) and (h), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As stated in Findings 110, (g, (h) and (k), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (o) Granting the Minor ( the public interest, t improvements in the located; and Soils report, Fire Depi plan check, City perms These processes will detrimental to the pub) property, or improvem the property is located nditional Use Permit will not be detrimental to with, safety, injurious to persons, property, or �inity and zoning district in which the property is rtment requirements and approval, structural s and inspections are required for construction. ensure that the finished project will not be c interest, health, safety, injurious to persons, ants in the vicinity and zoning district in which (p) The proposed project has been reviewed in compliance with the provisions of the Calif rnia Environmental Quality Act (CEQA). 6 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) ofArticle 11 of the California Code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby appr ves 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 February 8, 2005, as submitted and approved by the Planning Commissio , and as amended herein. (b) The subject site sh; debris both durinc implementation of th trash, debris, and construction, shall bE duly permitted waste to provide collection, residential, commerc City. It shall be the contractor utilized ha to provide such servi (c) Before construction construction fencing requirements along 1 remain at the build equipment or debris c until released by the I until the Building Offi shall be provided duri PLANNING (d) Prior to the issuance ( the City a copy of the the "Buyers' AwarenE information within the II 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 al, construction, and industrial areas within the applicant's obligation to insure that the waste obtained permits from the City of Diamond Bar )egins, the applicant shall install temporary ursuant to the Building and Safety Division's ie project site's perimeter. The fence shall ble pad's edge to ensure no construction f any kind is placed within the vegetated area lanning Division and the balance shall remain :ial approves its removal. Sanitation facilities g construction. any City permits, the applicant shall submit to igned receipt by the buyer verifying receipt of s Package" and that the buyer has read the ackne. 7 (e) Prior to the issuance Of any City permits, the applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division. (f) Within 60 days of th Certificate of Occupancy, the applicant shall submit a landscape/ir igation plan for the City's review and approval. The plan shall reflec the guidelines set forth by Tract 50314 and delineate the type of F lanting species, size, quantity and location. The landscape plan shall nclude the driveway detail delineating pattern, color and material. Tt e landscape plan shall show that 50 percent of the front yard area wi I be landscaped. Landscaping and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. vhich create traffic and parking problems in the (g) Driveway access poin shall not exceed a 20 foot width at the property line adjacent to the Windmill Drive. (h) Applicant shall comply with Planning Division, Building and Safety Division and Public W rks Division requirements. (i) The single-family residence shall not be utilized in a manner that creates adverse effec s 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 ignificantly adverse effects on public services and resources. Thesingle-family residence shall not be used for commerciallinstitution l purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or vhich create traffic and parking problems in the neighborhood. (j} 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. PUBLIC WORKS (k) Prior to plan check submittal, the applicant shall submit an updated geotechnical report by a Geotechnical Engineer, licensed by the State of California, for review and approval by the City. (I) Prior to any Building and Safety Division submittals, a grading/ drainage permit shall bobtained from the Public Works/Engineering Division. (m) The Drainage Plan hall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's Requirements for Plan Check for theCity's review and approval. (n) Applicant must p Electric, etc. (o) If applicable, all d conveyed from the private street, with private street, no c parcels. If required provide a hydrology de service connections for Water, Sewer, Gas, inage/runoff from the development shall be 1 to the natural drainage course or the adjacent ie exception of the drainage to the adjacent site drainage shall be conveyed to adjacent the Public Works Director, the applicant shall (p) Finished slope mut conform to Diamond Bar Municipal Code Section 22.22.080 -Grading. (q) Rough and final g ade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering and Building & Safety Di isions prior to placement of concrete pads and the issuance of any inal inspections respectively. (r) Before the issuance c submitted for the Cit place for constructioi The erosion control p Elimination System appropriate Best Ma applicant shall obtain (s) If applicable, the app Water Mitigation Pia Engineer. (t) Drainage pattern sha Division; surface wal minimum slope. (u) Driveway slope shall BUILDING AND SAFETY f any City permits, erosion control plans shall be ,'s review and approval. Measures shall be in started after September 15, through April 15. 3n shall conform to National Pollutant Discharge (NPDES) standards and incorporate the ragement Practices (BMP's). Additionally, the the necessary NPDES permits. icant shall comply with Standard Urban,Storm 1 requirements to the satisfaction of the City be reviewed and approved by the Public Works r shall drain away from the building at a 2% shown on plans. (v) Any future pool and spa or tennis court shall require separate permits (w) 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. 9 - (x) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. (y) 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 unenclose under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be coverad with corrosion -resistant wire mesh not less than '/ inch n r more than % inch in any dimension except where such o enings are equipped with sash or door; (4) Chimneys sh 11 have spark arresters of maximum % inch screen. (z) This single-family structure shall meet the State Energy Conservation Standards. (aa) Smoke detectors shall be provided in all sleeping rooms. (bb) Prior to the issuancef any construction permits, the applicant shall submit construction p ans to the Los Angeles County Fire Department for review and appro al. (cc) Applicant shall not use dirty kitchen as a second unit. (dd) Applicant shall show f Doting setback and shall meet section 18 of the building code. (ee) This grant is valid (i.e., construction) w one- (1) year extensi in writing at least 60 Commission will cor public hearing in ai Diamond Bar Develc for two (2) years and shall. be exercised iin that period or this approval shall expire. A n may be approved when submitted to the City ays prior to the expiration date. The Planning eider the extension request at a duly noticed :ordance with Chapter 22.72 of the City of ment Code. (ff) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed their affidavit stat ng that they are aware and agree to accept all the conditions of this approval, within fifteen (15) days of approval of 10 this approval, with I the City of Diamond Bar Community and Development Services Department,. Further, this approval 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 ertified 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 8TH PAY OF FEBRUARY, 2005, 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 8th day of February, 2005, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: U-- "I Janieg DeStefano ye, McManus, Low, V/C Tanaka an 11 PLANNING COMMISSION RESOLUTION NO. 2005-05 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2004-43 AND MINOR CONDITIONAL USE PERMIT NO. 2005-01, A REQUEST TO CONSTRUCT ATWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 11,000 SQUARE FEET AND A CIRCULAR DRIVEWAY WITI THE FRONT PROPERTY LINI 3138 WINDMILL DRIVE (LO CALIFORNIA. ACCESS POINTS 20 FEET WIDE AT THE PROJECT SITE IS LOCATED AT 13, TRACT 50314), DIAMOND BAR, A. RECITALS 1 The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2004-43 and Minor Conditional Use Permit No. 005-01, for a property located at 3138 Windmill Drive, Diamond Bar, Los An eles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditi nal Use Permit shall be referred to as the "Application." 2. On January 24, 2005, 46 property owners within a 700 -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 January 27, 2005, notification of the public hearing for this proje t was made in the San Gabriel Valley Tribune and Inland Valley Daily Bylletin newspapers and three other sites were posted within the vicinity of the application. 3. On February 8, 2005, 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 foundj, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission forth in the Recitals, Part A, iereby specifically finds that all of the facts set of this Resolution are true and correct. 2. The Planning Commission above in this Resolution is hereby determines that the project identified consistent with the previously certified Master Ii Environmental Impact Report No. 97-1 for Tract No. 50314 according to the California Environmental quality Act of 1970 (CEQA) and guidelines promulgated thereunder, p rsuant to Section 15162(a) of Article 11 of the California Code of Regulati ns. 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 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 and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project site is located at 3138 Windmill Drive, Diamond Bar, California. The project site is the vacant Lot 13 of Tract 50314, a 15 - lot subdivision with graded buildable pads approved by the City Council on February 1998. Tract 50314 is adjacent to The Country Estates. The project site is vacant and the lot is an irregular rectangular shape. It s rough graded with a buildable flat pad for the front half of the lot w ile the rear half slopes down toward the rear property line. According to the tract map, the project site is approximately 146,368 gross square feet (3.36 gross acres) with a pad area of 29,516 ross square feet. There are easements for street, utilities, acces and sewer purposes within the front portion of the project site. Wit in the rear portion of the project site are easements for slope land drainage maintenance and open space, equestrian and hiking trail purposes. Adjacent to the north property line and extending within the lower rear portion of the project site is a storm drain, sewer and access easement. Outside the pad and on the rear slope is natural vegetation, which is the required re - vegetation landscape mitigation plan approved for Tract Map No. 50314. (b) The General Plan lad use designation for project site of Rural Residential (RR) Maxi um 1 DU/AC and the zoning designation is Single Family Residen e -Minimum Lot Size 40,000 square feet (R-1- 40,000). (c) Generally, the following zones surround the project site: to the north, south, east and west i the R-1-40,000. 2 (d) The application is d request for approval to construct a two-story single-family residence of approximately 11,000 square feet including balconies, porch, covered patio and attached four -car garage. The Minor Conditional U e Permit request is for approval to construct a driveway wider than the maximum 14 feet allowed at the front property line. DEVELOPMENT REVIEW (e) The design and lay ut of the proposed development are consistent with the General Pan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme ar as, specific plans, community plans, boulevards, or planned developnhents. The General Plan w< Map No. 50314 wa project complies with related to mainta neighborhoods and M The project is consist and the City's Develc proposed project is c design, materials, an and the surroundir community planned 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 ning density, the integrity of residential )pen space, and the City's Design Guidelines. ant with the Tract Map's Development Standards pment Code where applicable. Furthermore, the gmpatible with the eclectic architectural style and d colors of existing homes within Tract No. 50314 g area. There is no specific or additional ievelopment 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 and will not create traffic or pedestrian hazards: Tract Map No. 50314's 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 and Steeplechase L private streets are residential develop residence will not int existing or future dev hazards. ccess roads in the vicinity, Wagon Train Lane 3ne, adequately serve the project site. These esigned to handle minimum traffic created by tent. Therefore, the use of a single-family rfere with the use and enjoyment of neighboring -lopment and will not create traffic or pedestrian 3 (g) The architectural design of the proposed development is compatible with the characterise cs 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, o any applicable specific plan. The project's architec entry, window arrange rear elevation, roof an varying rooflines add, the massive appear residential structure c ural features include columns that flank the front rment and style, varying planes on the front and iculation and balconies. These features and the merest to the proposed residence and reduces 3nce that an 11,000 square foot, two-story ould possess. The proposed materi approved boards in th tan and terracotta architectural style ha The selected materi compatible with the neighboring Tract 4 Estates, yet allow v: Therefore, the propos and enhance the her contemplated by Chi Guidelines. There is n Is/colors board was compared with previously e vicinity. The combinations of off-white, beige, palette and the building's Mediterranean moniously blend into the overall streetscape. s and colors are consistent and the style is 'clectic architectural style of other homes in 1487, 47850 and 50314, and The Country ?riation in the overall palette and textures. ed project is consistent with and will maintain monious, orderly and attractive development pter 22.48, the General Plan, City Design applicable specific plan. (h) The design of the pr( environment for its o neighbors, through go that will remain aesth e As referenced in the a proposed are complin while offering variety s proposed project wil occupants and visiting aesthetic use of may aesthetically appealinc required and runs with posed development will provide a desirable ccupants and visiting public, as well as its d aesthetic use of materials, texture, and color tically appealing. 5ove Findings, colors, materials, and textures entary to the existing homes within the area nd low levels of maintenance. Therefore, the provide a desirable environment for its public, as well as its neighbors, through good erials, texture, and color that will remain i. Additionally, a Covenant and Agreement is 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 r sale(s) of property) to the properties or improvements in the vi inity. Structural plan check, ity permits, and inspections; soils report and Fire Department appr vals, 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. U) Additionally, the ter ain in the vicinity of Windmill Drive is hilly. By maintaining the allo ed 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental consistent with the p Report No. 97-1 for? Environmental Qua promulgated thereun the California Code c necessary. evaluation shows that the proposed project is reviously certified Master Environmental Impact Tact Map Nos. 50314 according to the California lity Act of 1970 (CEQA) and guidelines der, pursuant to Section 15162(a) of Article 11 of f Regulation. No further environmental review is MINOR CONDITIONAL USE PERMIT (k) The proposed use is applicable provision Code; (lowed within the subject zoning district with the of the Development Code and the Municipal As stated in Findings use is allowed within applicable Developer development standk No. 50314. Pursuant to Develop widths greater than approval of a Minor C only to provide acc garages. No other p, the front yard. Drivel setback greater than minimum width of 10 i line. (e) through (i) above, the proposed single-family i the RR zoning district and complies with all ant Code standards for that zoning district and rds set forth in the approval of Tract Map )ment Code Section 22.30.080(5), driveway allowed for a single-family use requires the onditional Use Permit. Driveways are intended sss to required off-street parking spaces in wing, except walkways, shall be allowed within vays that provide access to garages, having a 24 feet from the street property line shall have a eet and a maximum width of 14 feet at property For this project, a circular driveway is proposed with both access points having a width of 20 feet at the street property line. Circular driveways and wider riveways are not uncommon within this gated community. In this area, lots are generally wider at the street property 5 line due to the lot's wider driveways. Ad due to the number requirements. Acc construction must be that is 20 feet wide. property line may be access for fire fightin, As stated in Finding the General Plan an (I) The proposed use is consistent with the General Plan and any applicable specific pl The subject site is phy of use being propo compatibility with adjc constraints; (m) The design, location, size and operating characteristics of the proposed use are co patible with the existing and future land uses in the vicinity; As stated in Findings operating characterise existing and future let (n) (0) As stated in Findings suitable for the type including access, pros uses, and the absenc 'ize can accommodate circular driveways and itionally, many driveways in the area are wider f stalls within a garage and Fire Department rding to the Fire Department, the proposed within 150 feet of a vehicular access driveway Therefore, the 20 foot wide access at the street required by the Fire Department for its vehicle f purposes. I n; 'e) above, the proposed use is consistent with there is no applicable specific plan. (f), (g) and (h), the design, location, size and cs of the proposed use are compatible with the d uses in the vicinity; sically suitable for the type and density/intensity ed including access, provision of utilities, ining land uses, and the absence of physical 'f), (g, (h) and (k), the project site is physically and density/intensity of use being proposed ision of utilities, compatibility with adjoining land of physical constraints; Granting the Minor Cd the public interest, he improvements in the vi located; and nditional Use Permit will not be detrimental to alth, safety, injurious to persons, property, or cinity and zoning district in which the property is Soils report, Fire Dep =t ent requirements and approval, structural plan check, City permi d inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the pubic interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located (p) The proposed project) has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 6 The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for ract Map Nos. 50314 according to the California Environmental Qu lity Act of 1970 (CEQA) and guidelines promulgated thereu der, pursuant to Section 15162(a) of Article 11 of the California Code If Regulation. No further environmental review is necessary. 5. Based upon the findings Commission hereby appr conditions: nd conclusion set forth above, the Planning ves this Application subject to the following a ibstantially conform to site plan, floor plans, terials/colors board collectively labeled as ruary 8, 2005, as submitted and approved by the i, and as amended herein. (a) The project shall si elevations, and m Exhibit "A" dated Fet Planning Commissio (b) The subject site sh II be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of th 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, ransportation, 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 ha obtained permits from the City of Diamond Bar to provide such servi es. (c) PLANNING Before construction construction fencing requirements along remain at the build equipment or debris until released by the until the Building Offi shall be provided duri a begins, the applicant shall install temporary ursuant to the Building and Safety Division's he project site's perimeter. The fence shall ble pad's edge to ensure no construction f any kind is placed within the vegetated area fanning Division and the balance shall remain ial approves its removal. Sanitation facilities g construction. (d) Prior to the issuance Of any City permits, the applicant shall submit to the City a copy of the signed receipt by the buyer verifying receipt of the "Buyers' Awarene s Package" and that the buyer has read the information within the package. (e) Prior to the issuance —f any City permits, the applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division. (f) Within 60 days of th Certificate of Occupancy, the applicant shall submit a landscape/ir igation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 50314 and delineate the type of lancing species, size, quantity and location. The landscape plan shall include the driveway detail delineating pattern, color and material. T e landscape plan shall show that 50 percent of the front yard area wi I be landscaped. Landscaping and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (g) Driveway access point shall not exceed a 20 foot width at the property line adjacent to the Windmill Drive. (h) Applicant shall comply with Planning Division, Building and Safety Division and Public W rks Division requirements. (i) The single-family resi ence shall not be utilized in a manner that creates adverse effec s upon the neighborhood and environmental setting of the residents I site to levels of dust, glare/light, noise, odor, traffic, or other disturb nces to the existing residential neighborhood and shall not result in ignificantly adverse effects on public services and resources. The Ingle family residence shall not be used for commercial/institution I purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or hich create traffic and parking problems in the neighborhood. 0) PUBLIC WORKS The owner shall compl to and record a "Covenant and Agreement to Maintain a Single Fam ly Residence" on a form to be provided by the City. The covenant m 1st be completed and recorded with the Los Angeles County's Rec rder's Office prior to the issuance of a building permit. (k) Prior to plan check su mittal, the applicant shall submit an updated geotechnical report by Geotechnical Engineer, licensed by the State of California, for revie and approval by the City. (I) Prior to any Building and Safety Division submittals, a grading/ drainage permit shall b obtained from the Public Works/Engineering Division. (m) The Drainage Plan hall be prepared by a Civil Engineer, licensed in the State of Californi , in accordance with the City's Requirements for Plan Check for the P ity's review and approval. (n) Applicant must prov de service connections for Water, Sewer, Gas, Electric, etc. (o) If applicable, all dr inage/runoff from the development shall be (p) (q) (r) conveyed from the S._ to the natural drainage course or the adjacent private street, with he exception of the drainage to the adjacent private street, no o i -site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study. Finished slope must conform to Diamond Bar Municipal Code Section 22.22.080-(< rading. Rough and final g ade certifications by project soils and civil engineers shall 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. Before the issuance t— submitted for the Ci place for constructioi The erosion control p Elimination System appropriate Best Ma applicant shall obtain f any City permits, erosion control plans shall be is review and approval. Measures shall be in i started after September 15, through April 15. an shall conform to National Pollutant Discharge (NPDES) standards and incorporate the iagement Practices (BMP's). Additionally, the the necessary NPDES permits. j (s) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plah requirements to the satisfaction of the City Engineer. (t) Drainage pattern shall be reviewed and approved by the Public Works Division; surface wat r shall drain away from the building at a 2% minimum slope. (u) Driveway slope shall e shown on plans. BUILDING AND SAFETY (v) Any future pool ands a or tennis court shall require separate permits. (w) The single-family structure shall meet the 2001 California Codes: Uniform Building Cod , Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 ational Electrical Code requirements. 9 (x) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. (Y) The single-family stri meet the following re (1) All roof coveri shall be fire (2) (3) screen. flame or mem All unenclose exterior walls; where such o than Y< inch n cture is located in "High Fire Zone" and shall uirements of that fire zone: ig shall be "Fire Retardant, Class A"; the roofs topped at the eaves to preclude entry of the :ers under the fire; d under -floor areas shall be constructed as to the attic, floor, and/or other enclosed areas ad with corrosion -resistant wire mesh not less or more than %2 inch in any dimension except enings are equipped with sash or door; II have spark arresters of maximum '/z inch shall be cover All openings i (4) Chimneys sh 11 (z) This single-family structure shall meet the State Energy Conservation Standards. (aa) Smoke detectors shall be provided in all sleeping rooms. (bb) Prior to the issuance submit construction p for review and appro) (cc) Applicant shall not us (dd) Applicant shall show building code. (ee) This grant is valid (i.e., construction) wit one- (1) year extensio in writing at least 60 c Commission will con„ public hearing in ac( Diamond Bar Develoi (ff) This approval shall no and owner of the prop filed their affidavit stat the conditions of this of any construction permits, the applicant shall ans to the Los Angeles County Fire Department al. dirty kitchen as a second unit. oting setback and shall meet section 18 of the for two (2) years and shall be exercised hin that period or this approval shall expire. A n may be approved when submitted to the City ays prior to the expiration date. The Planning rider the extension request at a duly noticed ;ordance with Chapter 22.72 of the City of ment Code. t be effective for any purpose until the permittee erty involved (if other than the permittee) have ng that they are aware and agree to accept all pproval, within fifteen (15) days of approval of 10 this approval, with I the City of Diamond Bar Community and Development Servic—s Department,. Further, this approval shall not be effective until thelpermittee pays remaining City processing fees. The Planning Commission shall. (a) (b) Forthwith transmit a to Windmill Estates, n of this Resolution; and 3480 Torrance Boul APPROVED AND ADOPTED THIS 8TH COMMISSION OF THE CITY OF DIAM BY: I, James DeStefano, Planning Commissi Resolution was duly introduced, passed, City of Diamond Bar, at a regular meetin of February, 2005, by the following vote: ertified copy of this Resolution, by certified mail LLC, owners, and applicant, Richard Gould, at yard, #300, Torrance, CA 90503. AY OF FEBRUARY, 2005, BY THE PLANNING ND BAR. n Secretary, do hereby certify that the foregoing nd adopted by the Planning Commission of the of the Planning Commission held on the 8th day AYES: Commissioners: ye, McManus, Low, V/C Tanaka NOES: Commissioners: None ABSENT: Commissioners: Nolan ABSTAIN: Commissioners: None 11