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HomeMy WebLinkAboutPC 2005-060 PLANNING COMMISSION RESOLUTION NO. 2005-06 A RESOLUTION OF THE C COMMISSION APPROVING L A REQUEST TO CONSTRU RESIDENCE WITH BALCON CAR GARAGE TOTALING T, FEET. THE PROJECT SITI DRIVE (LOT 2, PARCEL MAP RECITALS The property owner, Windn have filed an application property located at 2869 Oa California, as described in Resolution, the subject De "Application." ITY OF DIAMOND BAR PLANNING EVELOPMENT REVIEW NO. 2004-44, ;T A TWO-STORY SINGLE-FAMILY ES, PORCH AND ATTACHED FOUR 1 APPROXIMATELY 12,300 SQUARE IS LOCATED AT 2869 OAK KNOLL 26235), DIAMOND BAR, CALIFORNIA. 11 Estates, LLC, and applicant, Richard Gould, )r Development Review No. 2004-44, for a Knoll Drive, Diamond Bar, Los Angeles County, he title of this Resolution. Hereinafter in this elooment Review shall be referred to as the 2. On January 24, 2005, 66 property owners within a 500 -foot radius of the project site were notified b mail. On January 27, 2005, notification of.the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Dallv Bulletin newspapers. Furthermore, on January 26, 2005, the project site was p sted with a display board and the public notice was posted in three public places within the vicinity of the application. 3. On February 8, 2005, the P anning Commission of the City of Diamond Bar conducted and concluded z duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is foun determined and resolved by the Planning Commission of the City of Diamo d 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 Commissi( above in this Resolution Environmental Impact Re California Environmental promulgated thereunder, California Code of Regula hereby determines that the project identified consistent with the previously certified Master rt No. 97-1 for Tract No. 50314 according to the )uality Act of 1970 (CEQA) and guidelines irsuant to Section 15162(a) of Article 11 of the ns. No further environment review is necessary. 3. The Planning Commission h having considered the recon below, and changes and alter conditioned upon the propose evidence before the Planning will have the potential of an habitat upon which the wildlife the Planning Commission hei contained in Section 753.5 Regulations. 4. Based upon the findings ar Commission hereby finds as ereby specifically finds and determines that, J as a whole including the findings set forth ations which have been incorporated into and d project set forth in the application, there is no Commission that the project proposed herein adverse effect on wild life resources or the depends. Based upon substantial evidence, eby rebuts the presumption of adverse effects (d) of Title 14 of the California Code of conclusions set -forth herein, the Planning Mows: (a) The project site is located at 2869 Oak Knoll Drive (Lot 2, Parcel Map No. 26235), Diamond Bar, California adjacent to a gated community identified as "The Country Estates". It is a vacant, irregular rectangular shaped lot with a graded flat pad and sloping up from the pad's rear edge towar the rear property line. According to the parcel map, the project site i approximately 1.9 gross acres (82,764 gross square feet) with a gra led pad area of 0.7 acres (30,492 square feet). The parcel map indi ates an easement for slope and drainage maintenance purpos s within the rear portion of the project site outside the pad area. Additionally, there are easements for street, utilities and storm drain purposes within the front portion of the project site adjacent to Oak Knoll Drive. Outside the pad and on the rear slope, the project site contains natural vegetation as required by the revegetation landscape mitigation plan approved for Tract Map No. 48487, the parent Tract. No grading and/or construction activity will occur outside the pad area. Therefore, the landscaping on the slope will not be affected. (b) The project site hasGeneral Plan Land Use designation of Rural Residential Maximum 1 DU/AC (RR) and is zoned Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000). (c) Generally, the followi ig zones surround the project site: to the north and east is the R-1, 0,000 zone; and to the south and east is the A-2-2 zone. (d) The application is a request for approval to construct a two-story single-family residence of approximately 12,300 gross square feet including balconies, porch and attached four -car garage. 2 DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The General Plan wE s adopted on July 25, 9995, and Parcel Map No. 26235 was appro ied by City Council on August 21, 2001, and the Final Map was appro led on June 18, 2002. Tract Map No. 48487s (the parent tract) conditions of approval and development standards also apply to Parcel ap No. 26235. However, the proposed project complies with the C ity's General Plan objectives and strategies related to maintai 7ing density, the integrity of residential neighborhoods and c pen space, and the City's Design Guidelines. The project is consistent with the Tract Map No. 48487s (the parent tract) conditions of approval and development standards which also apply to Parcel Map No. 26235 and the City's development standards for the RR zoning district. 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. 4848 /Parcel Map No. 26235's 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. Oak Knoll 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 d velopment will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characters tics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive 3 development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The architectural style of the proposed residence, as described by the applicant, is Meditermnean. Architectural features include columns that flank the front entry, window arrangement and style and roof articulation, which assist in reducing the massing of the residential structure and create interest with varying planes. However, the rear elevation of the proposed residence is very horizontal in appearance. The staff has asked the applicant to reduce the horizontality of the rear elevation through design and/or architectural features. A condition of approval will require the applicant to explore and modify the rear elevation of the proposed residence. The proposed materi IWcolors board was compared with previously approved boards in tf a vicinity. The combinations of off-white, beige and terracotta palette and the building's architecture blend into the overall streetscape r icely. The selected materials and colors are consistent and the st de is compatible with the eclectic architectural style of other homes n neighboring Tract 48487, 47850 and 50314, and the Country Esta es, yet allow variation in the overall palette and textures. Therefore, t be proposed project is consistent with and will maintain and enha ce the harmonious, orderly and attractive development contem fated by Chapter 22.48, the General Plan, City Design Guidelines. ere is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its ccupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aest etically 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 visiti g public, as well as its neighbors, through good aesthetic use of n aterials, texture, and color that will remain aesthetically appeaG g. Additionally, a Covenant and Agreement is required and runs wi h 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 chec , City permits, and inspections; soils report and Fire Department a rovals, 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. (j) The proposed proje t has been reviewed in compliance with the provisions of the Cali ornia 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 Qua ity Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 151 fi2(a) of Article 11 of the California Code f 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 February 8, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site sh II be maintained in a condition that is free of debris both durinc and after the construction, addition, or implementation of tha 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 constructior 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 it removal. Sanitation facilities shall be provided during construction. il PLANNING DIVISION (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' Awareness Package" and that the buyer has read the information within the ackage. (e) Prior to the issuance of 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 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 Map No. 48487/Parcel Ma No. 26235 and delineate the plant species, size, quantity and location. The landscape plan shall include the driveway detail delineating pattern, color and material. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (g) Rumpus room wet bar shall not include kitchen facilities. (h) Applicant shall complit with Planning and Zoning; Building and Safety Division and Public'Works Division requirement. The proposed project shall be approved by the Fire Department. (i) The single-family 'residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the resides ial site to levels of dust, glare/light, noise, odor, traffic, or other distur ances to the existing residential neighborhood and shall not result ir 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. {j} The owner shall cam fete and record a "Covenant and Agreement to Maintain a Single Fa ily Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's RE corder's Office prior to the issuance of a building permit. 16 PUBLIC WORKS (k) Prior to plan check s geotechnical report b of California, for revil (1) Prior to any i3+ grading/drainage Works/Engineering ibmittal, the applicant shall submit an updated a Geotechnical Engineer, licensed by the State w and approval by the City. ng and Safety Division submittals, a nit shall be obtained from the Public ision. (m} The Drainage Plans iall be prepared by a Civil Engineer, licensed in the State of Californi4i i, in accordance with the City's Requirements for Plan Check for the C ity's review and approval. (n) Applicant shall prov Electric, etc. (o) An Erosion Control Drainage Plan clea measures shall bE October 1 and April National Pollutant D and incorporate the Additionally, the apr (p) If applicable, all d conveyed from the private street, with private street, no ( parcels. If required provide a hydrolog) (q) Finished slope Section 22.22.0 service connections for Water, Sewer, Gas, Plan shall be submitted concurrently with the ly detailing erosion control measures. These implemented during construction between 15. The erosion control plan shall conform to scharge Elimination System (NPDES) standards appropriate Best Management Practices (BMP's). icant shall obtain the necessary NPDES permits. ainage/runoff from the development shall be to to the natural drainage course or the adjacent the exception of the drainage to the adjacent -i-site drainage shall be conveyed to adjacent )y the Public Works Director, the Applicant shall study. st conform to Diamond Bar Municipal Code 3rading. (r) Rough and final rade certifications by project soils and civil engineers must be submitted to the Public Works/Engineering and Building & Safety C ivisions prior to placement of concrete pads and the issuance of an final inspections respectively. (s) If applicable, the Water Mitigation Engineer. (t) Drainage pattern s Division; surface minimum slope. plicant shall comply with Standard Urban Storm an requirements to the satisfaction of the City II be reviewed and approved by the Public Works ter shall drain away from the building at a 2% 7 G3 (u) Driveway slope shall (v) Any future pool and shown on plans. 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. (x) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. Drawigs and calculations shall be prepared by a licensed architect or ngineer with wet stamp and signature. (y) The single-family structure is located in "Hi h 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 (2) All unenclosedunder-floor under the fire; areas shall be constructed as exterior walls; (3) All openings i to the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 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 '/2 inch screen. (z) This single-family stricture shall meet the State Energy Conservation Standards. (aa) Smoke detectors sh all be provided in all sleeping rooms. (bb) Prior to the issuance of any construction permits, the applicant shall submit construction Ians to the Los Angeles County Fire Department for review and approval. (cc) Applicant shall show footing setback and shall meet Section 18 of the Uniform Building Code. (dd) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one- (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed 9 public hearing in Diamond Bar Dev (ee) This approval shall no and owner of the prof filed their affidavit sta the conditions, within Diamond Bar Comm Further, this approva remaining City proce� The Planning Commission shall. (a) Certify to the ado ordance with Chapter 22.72 of the City of ment Code. be effective for any purpose until the permittee arty involved (if other than the permittee) have ng that they are aware and agree to accept all fifteen (15) days of approval, with the City of inity and Development Services Department. shall not be effective until the permittee pays sing fees. of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 8TH AY OF FEBRUARY, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAM ND BAR. mm Jack Tanaka, Vice Chai 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 r meeting of the Planning Commission held on the 8th day City of Diamond Bar, at a regula of February 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Commissioners Commissioners: Commissioners Commissioners: Tye, McManus, Low, VIC Tanaka None Nolan None Jarr►eDeStef no, I Secretary A COMMISSION N NO. 2005-06 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING DRIVE (LOT 2, PARCEL MAP FEET. THE PROJECT SIT CAR GARAGE TOTALING T A REQUEST TO CONSTRU RESIDENCE WITH BALCON COMMISSION APPROVING A. RECITALS EVELOPMENT REVIEW NO. 2004-44, T A TWO-STORY SINGLE-FAMILY ES, PORCH AND ATTACHED FOUR APPROXIMATELY 12,300 SQUARE IS LOCATED AT 2869 OAK KNOLL 6235), DIAMOND BAR, CALIFORNIA. r 1 The property owner, Wind ill Estates, LLC, and applicant, Richard Gould, have filed an application or Development Review No. 2004-44, for a property located at 2869 Oa Knoll Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject De elopment Review shall be referred to as the "Application." 2. On January 24, 2005, 66 roperty owners within a 500 -foot radius of the project site were notified b mail. 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 Bul etin newspapers. Furthermore, on January 26, 2005, the project site was p sted with a display board and the public notice was posted in three public places within the vicinity of the application. 3. On February 8, 2005, the P anning Commission of the City of Diamond Bar conducted and concluded duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is foun—, determined and resolved by the Planning Commission of the City of Diamo d Bar as follows: 1. The Planning Commission forth in the Recitals, Part A 2. The Planning Commissio above in this Resolution is Environmental Impact Rep California Environmental promulgated thereunder, p California Code of Regulati hereby specifically finds that all of the facts set of this Resolution are true and correct. hereby determines that the project identified consistent with the previously certified Master rt No. 97-1 for Tract No. 50314 according to the )uality Act of 1970 (CEQA) and guidelines irsuant to Section 15162(a) of Article 11 of the ns. No further environment review is necessary. 3. The Planning Commission h reby specifically finds and determines that, having considered the recor as a whole including the findings set forth below, and changes and alte ations which have been incorporated into and conditioned upon the propos d 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 wildlif depends. Based upon substantial evidence, the Planning Commission he eby 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 loca"ed at 2869 Oak Knoll Drive (Lot 2, Parcel Map No. 26235), Diamond Bar, California adjacent to a gated community identified as 'The rectangular shaped to pad's rear edge towar map, the project site i square feet) with a gra The parcel map indi maintenance purpos outside the pad area. utilities and storm drai site adjacent to Oak slope, the project site revegetationlandsca No. 48487, the paren will occur outside the slope will not be affe ountry Estates". It is a vacant, irregular with a graded flat pad and sloping up from the the rear property line. According to the parcel approximately 1.9 gross acres (82,764 gross ed pad area of 0.7 acres (30,492 square feet). ates an easement for slope and drainage s within the rear portion of the project site Additionally, there are easements for street, purposes within the front portion of the project noll Drive. Outside the pad and on the rear contains natural vegetation as required by the e mitigation plan approved for Tract Map Tract. No grading and/or construction activity pad area. Therefore, the landscaping on the ed. (b) The project site has General Plan Land Use designation of Rural Residential Maximum 1 DU/AC (RR) and is zoned Single Family Residential -Minimum of Size 20,000 Square Feet (R-1-20,000). (c) Generally, the followi g zones surround the project site: to the north and east is the R-1, 0,000 zone; and to the south and east is the A-2-2 zone. (d) The application is a request for approval to construct a two-story single-family residen a of approximately 12,300 gross square feet including balconies, porch and attached four -car garage. 2 DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plaln, 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 developm nts. The General Plan w s adopted on July 25, 1995, and Parcel Map No. 26235 was appro ed by City Council on August 21, 2001, and the Final Map was approved on June 18, 2002. Tract Map No. 48487's (the parent tract) con itions of approval and development standards also apply to Parcel Map No. 26235. However, the proposed project complies with the ity's General Plan objectives and strategies related to maintai ing density, the integrity of residential neighborhoods and pen space, and the City's Design Guidelines. M The project is consis ent with the Tract Map No. 48487s (the parent tract) conditions of a proval and development standards which also apply to Parcel Map o. 26235 and the City's development standards for the RR zoning istrict. Furthermore, the proposed project is compatible with the clectic architectural style and design, materials, and colors of existin homes within the surrounding area. There is no specific or additional community planned development for the site. The design and layo t of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 4848 /Parcel Map No. 26235s Master Environmental Impact Report No. 7-1, certified by the City, addresses the design and layout of the eighborhood and the flow of pedestrian and vehicular traffic. Th project site is an undeveloped lot within an approved tract desi ned for single-family homes. Oak Knoll Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lan?, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential develop ent. 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. (g) The architectural deign of the proposed development is compatible with the characters tics of the surrounding neighborhood and will maintain and enh nce the harmonious, orderly and attractive 3 development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (h) the rear elevation of t rear elevation throw condition of approval The staff has asked t elevation of the propo structure and create i articulation, which as that flank the front e applicant, is Medite The architectural style Design Guidelines. development contem, maintain and enha textures. Therefore, t style of other homes and the Country Esta consistent and the st overall streetscape and terracotta palett approved boards in t The proposed mated The design of the p that will remain aest environment for its neighbors, through g of the proposed residence, as described by the nean. Architectural features include columns try, window arrangement and style and roof 1st in reducing the massing of the residential terest with varying planes. However, the rear ed residence is very horizontal in appearance. e applicant to reduce the horizontality of the h design and/or architectural features. A ill require the applicant to explore and modify e proposed residence. Is/colors board was compared with previously e vicinity. The combinations of off-white, beige and the building's architecture blend into the icely. The selected materials and colors are le is compatible with the eclectic architectural n neighboring Tract 48487, 47850 and 50314, as, yet allow variation in the overall palette and e proposed project is consistent with and will ce the harmonious, orderly and attractive lated by Chapter 22.48, the General Plan, City ere is no applicable specific plan. oposed development will provide a desirable ccupants and visiting public, as well as its od aesthetic use of materials, texture, and color etically appealing. As referenced in the above findings, colors, materials, and textures required and runs wi aesthetically appeali aesthetic use of occupants and visiti, proposed project while offering varlet, proposed are compli, (i) The proposed proje property values or improvements in the safety, or welfare o Structural plan chec Fire Department a, entary to the existing homes within the area and low levels of maintenance. Therefore, the ill provide a desirable environment for its g public, as well as its neighbors, through good aterials, texture, and color that will remain g. Additionally, a Covenant and Agreement is h the land to maintain a single-family residence. t will not be detrimental to the public health, materially injurious (e.g., negative affect on resale(s) of property) to the properties or vicinity. City permits, and inspections; soils report and rovals, 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. G) The proposed proje t as been reviewed in compliance with the provisions of the Cali orhnia Environmental Quality Act (CEQA). The environmental valuation shows that the proposed project is consistent with the p eviously certified Master Environmental Impact Report No. 97-1 for act Map Nos. 50314 according to the California Environmental Qua ity Act of 1970 (CEQA) and guidelines promulgated thereun er, pursuant to Section 15162(a) of Article 11 of the California Code f Regulation. No further environmental review is necessary. 5. Based upon the findings a Manager hereby approves t (a) The project shall s elevations, and m Exhibit "A" dated Fe t Planning Commissic (b) The subject site sh, debris both durinc implementation of th trash, debris, and construction, shall b< duly permitted waste to provide collection residential, commer City. It shall be the contractor utilized h to provide such se d conclusion set forth above, the Deputy City is Application subject to the following conditions: ibstantially conform to site plan, floor plans, 3terials/colors board collectively labeled as oruary 8, 2005, as submitted and approved by the n, and as amended herein. 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 contractor, who has been authorized by the City transportation, and disposal of solid waste from ;ial, construction, and industrial areas within the applicant's obligation to insure that the waste is obtained permits from the City of Diamond Bar ices. (c) Before constructio begins, the applicant shall install temporary construction fencin pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the build ble 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 it removal. Sanitation facilities shall be provided during construction. 5 PLANNING DIVISION (d) Prior to the issuance o the City a copy of the the "Buyers' Awarene: information within the 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 )ackage. (e) (f) (g) (h) Prior to the issuance application to the WE submit their approval Within 60 days of the submit a landscape/ir The plan shall refle No. 48487/Parcel Ma size, quantity and loc driveway detail delinE of City permits, the applicant shall make an Inut Valley Water District as necessary, and o the Planning Division. Certificate of Occupancy, the applicant shall igation plan for the City's review and approval. ct the guidelines set forth by Tract Map o No. 26235 and delineate the plant species, ation. The landscape plan shall include the ating pattern, color and material. Landscape and irrigation shall be linstalled within six (6) months of the Certificate of Occupancy issuance. Rumpus room wet bar shall not include kitchen facilities. Applicant shall compl Division and Public project shall be apprc (i) The single-family re creates adverse effe setting of the residen traffic, or other distur and shall not result i and resources. The commercial/institutio dwelling. The prope result in a nuisance o neighborhood. / with Planning and Zoning; Building and Safety Works Division requirement. The proposed ved by the Fire Department. idence shall not be used in a manner that is upon the neighborhood and environmental ial site to levels of dust, glare/light, noise, odor, ances to the existing residential neighborhood significantly adverse effects on public services single-family residence shall not be used for al purposes, or otherwise used as a separate y shall not be used for regular gatherings which which create traffic and parking problems in the (j) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Fa ily Residence" on a form to be provided by the City. The covenant Must be completed and recorded with the Los Angeles County's R corder's Office prior to the issuance of a building permit. 6 PUBLIC WORKS (k) Prior to plan check s bmittal, the applicant shall submit an updated geotechnical report bj a Geotechnical Engineer, licensed by the State of California, for revi w and approval by the City. (I) (m) (n) (0) (p) Prior to any Building and Safety Division submittals, a grading/drainage p rmit shall be obtained from the Public Works/Engineering Division. The Drainage Plan s the State of California Plan Check for the C Applicant shall provi Electric, etc. An Erosion Control Drainage Plan cleat measures shall be October 1 and April National Pollutant Di and incorporate the Additionally, the app If applicable, all d conveyed from the private street, with private street, no c parcels. If required provide a hydrology (q) Finished slope mt Section 22.22.080 (r) Rough and final engineers must be Building & Safety C the issuance of an) (s) If applicable, the a call be prepared by a Civil Engineer, licensed in t, in accordance with the City's Requirements for ity's review and approval. e service connections for Water, Sewer, Gas, Plan shall be submitted concurrently with the ly detailing erosion control measures. These implemented during construction between 15. The erosion control plan shall conform to 3charge Elimination System (NPDES) standards appropriate Best Management Practices (BMP's). icant shall obtain the necessary NPDES permits. ainage/runoff from the development shall be ite to the natural drainage course or the adjacent the exception of the drainage to the adjacent n -site drainage shall be conveyed to adjacent by the Public Works Director, the Applicant shall study. st conform to Diamond Bar Municipal Code grading. jrade certifications by project soils and civil submitted to the Public Works/Engineering and ivisions prior to placement of concrete pads and final inspections respectively. plicant shall comply with Standard Urban Storm Water Mitigation an requirements to the satisfaction of the City Engineer. (t) Drainage pattern s all be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. 7 (u) Driveway slope shall be shown on plans. BUILDING AND SAFETY DIVISION (v) Any future pool and s (w) The single-family str Uniform Building Cod Code, and the 2001 1 (x) The minimum design "C" exposure. Drawl licensed architect or (Y) (z) The single-family stn meet the following re (1) (2) (3) (4) a or tennis court shall require separate permits. cture shall meet the 2001 California Codes: Uniform Plumbing Code, Uniform Mechanical ational Electrical Code requirements. wind pressure shall be 80 miles per hour and rgs and calculations shall be prepared by a ngineer with wet stamp and signature. cture is located in "High Fire Zone" and shall uirements of that fire zone: oa 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 meml All unenclose exterior walls; All openings it shall be cover than '/4 inch where such o Chimneys sh screen. This single-family st Standards. (aa) (bb) Smoke detectors sh Prior to the issuanc submit construction for review and appr (cc) Applicant shall shoe Uniform Building C ers under the fire; under -floor areas shall be constructed as hto the attic, floor, and/or other enclosed areas ed with corrosion -resistant wire mesh not less or more than 7: inch in any dimension except enings are equipped with sash or door; all have spark arresters of maximum 1/2 inch cture shall meet the State Energy Conservation all be provided in all sleeping rooms. of any construction permits, the applicant shall plans to the Los Angeles County Fire Department val. 0 footing setback and shall meet Section 18 of the ^a (dd) This approval is v (i.e., construction) v one- (1) year extent in writing at least 6 Commission will cc 0 e. lid for two (2) years and shall be exercised ithin that period or this approval shall expire. A ion may be approved when submitted to the City days prior to the expiration date. The Planning nsider the extension request at a duly noticed 8 public hearing in ac Diamond Bar Develoi (ee) This approval shall no and owner of the pro filed their affidavit sta the conditions, withi Diamond Bar Comm Further, this approva remaining City proce The Planning Commission shall. ordance with Chapter 22.72 of the City of ment Code. be effective for any purpose until the permittee erty involved (if other than the permittee) have ing that they are aware and agree to accept all fifteen (15) days of approval, with the City of nity and Development Services Department. shall not be effective until the permittee pays sing fees. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estate , LLC, Richard Gould, at 3480 Torrance Boulevard, #300, To rance, CA 90503. 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: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: AY OF FEBRUARY, 2005, BY THE PLANNING ND BAR. n Secretary, do hereby certify that the foregoing and adopted by the Planning Commission of the of the Planning Commission held on the 8th day Tye, McManus, Low, V/C Tanaka None Nolan None Jame DeStef no, Secretary