HomeMy WebLinkAboutPC 2005-07IU
A
PLANNING COMMISSION
RESOLUTION NO. 2005-07
A RESOLUTION OF THE
COMMISSION APPROVIN!
AND MINOR CONDITIOI
REQUEST TO CONSTRI.
RESIDENCE WITH BAL
GARAGE TOTALING TOP
AND A DRIVEWAY WITH,
AT THE STREET PROPS
LOCATED AT 3158 WINE
DIAMOND BAR, CALIF'OR
RECITALS
The property owner, Windn
have filed an application fo
Conditional Use Permit No.
Drive, Diamond Bar, Los An
of this Resolution. Hereinai
Review and Minor Conditl
"Application."
2. On February 4, 2005, 22 I
project site were notified b}
public places. On Februai
this project was made in th
Daily Bulletin newspapers.
display board on February
CITY OF DIAMOND BAR PLANNING
DEVELOPMENT REVIEW NO. 2005-02
IAL USE PERMIT NO. 2005-02, A
CT A TWO-STORY SINGLE-FAMILY
;ONIES, PORCH AND FOUR CAR
3PROXIMATELY 9,800 SQUARE FEET
►N ACCESS POINT OF 20 FEET WIDE
RTY LINE. THE PROJECT SITE IS
RILL DRIVE (LOT 12, TRACT 50314),
4IA.
II Estates, LLC, and applicant, Richard Gould,
Development Review No. 2005-02 and Minor
005-02, for a property located at 3158Windmill
eles County, California, as described in the title
:r in this Resolution, the subject Development
nal Use Permit shall be referred to as the
-operty owners within a 500 -foot radius of the
mail and the public notice was posted in three
10, 2005, notification of the public hearing for
San Gabriel Valley Tribune and Inland Valley
=urthermore, the project site was posted with a
, 2005.
3. On February 22, 2005, the Planning Commission of the City of Diamond Bar
conducted and concluded 0 duly noticed public hearing on the Application.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A of this Resolution are true and correct.
2. The Planning Commission
above in this Resolution is
hereby determines that the project identified
consistent with the previously certified Master
Environmental Impact Re
California Environmental
promulgated thereunder,
California Code of Regula
t No. 97-1 for Tract No. 50314 according to the
!uality Act of 1970 (CEQA) and guidelines
rsu.ant to Section 15162(a) of Article 11 of the
is. 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 753.6 (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 ! located at 3158 Windmill Drive (Lot 12 of
Tract 50314), Diamond Bar, California, adjacent to The Country
Estates. The projecsite part is of a 15 -lot subdivision with graded
buildable pads appr ved by the City Council on February 3, 1998.
The project site is vacant and the lot is irregular in shape. It is rough
graded with a buildable flat pad for the front half of the lot while the
rear half slopes dow toward the rear property line. According to the
tract map, the projec site is approximately 90,030 grass square feet
(2.06 gross acres) ith a pad area of 21,962 gross square feet.
Within the front portion of the project site are easements for street,
utilities, access and sewer purposes. Within the rear portion of the
project site are easements for slope and drainage maintenance and
open space, equestr an and hiking trail purposes. Adjacent to the
north property line is a private and future easement for storm drain
purposes. Outside the pad and on the rear slope is natural
vegetation, which i$ the required re -vegetation pursuant to the
landscape mitigation plan, approved for Tract Map No. 50314. No
grading or construe ion activity will occur outside the pad area.
Therefore, the landscaping on the slope is not expected to be
affected.
(b) The General Plan I nd use designation for project site of Rural
Residential (RR) Maximum 1 DU/AC and the zoning designation is
Single Family Resideice-Minimum Lot Size 40,000 square feet (R-1-
40,000).
I2
(c) Generally, the followi g zones surround the project site: To the north,
south, east, and wes is the R-1-40,000.
(d) The application is a
request for approval to construct a two-story
single-family residence
of approximately 9,800 square feet including
balconies, porch and
attached four -car garage. The Minor Conditional
Use Permit request is
for approval to construct a driveway widerthan
the maximum 14 feet
allowed at the street property line. .
DEVELOPMENT REVIEW
(e) The design and layot t of the proposed development are consistent
with the General PI in, development standards of the applicable
district, design guide ines, and architectural criteria for specialized
area (e.g., theme are s, specific plans, community plans, boulevards,
or planned developm nts.
The General Plan wa 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 consisJ nt with the Tract Map's Development Standards
and the City's Develment Code where applicable. Furthermore, the
proposed project is cmpatible with the eclectic architectural style and
design, materials, ancolors of existing homes within Tract No. 50314
and the surroundin area. There is no specific or additional
community plannedvelopment for the site.
(f) The design and layou 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 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 ham s.
Windmill Drive and a cess roads in the vicinity, Wagon Train Lanb
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 ince fere with the use and enjoyment of neighboring
3
existing or future de
hazards.
and will not create traffic or pedestrian
(g) The architectural design of the proposed development is compatible
with the characteristi s of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
The project's architec ural features include columns that flank the front
entry, window arrangement and style, varying planes on the front,
side and rear eleva ions, roof articulation and balconies. Staff
believes that a com ce belly band should be added around the
residential structure b tween the first and second stories. Exhibit `A",
Sheet 4 shows two ea a details. Additionally, the eave detail with the
architectural foam fascia should be used for the entire residential
structure. With the suggested staff changes and other architectural
features such as col mns that flank the front, window arrangement
and style, varying planes on the front rear and side elevations, roof
articulation and balconies, the proposed residential structures
complies with the City's Design Guidelines.
The proposed mater! Is/colors board was compared with previously
approved boards in the vicinity. The combinations of white, off-white,
beige, tan and gray palette and the building's Mediterranean
architectural style harmoniously blend into the overall streetscape.
The selected materie Is and colors are consistent and the style is
compatible with the clectic architectural style of other homes in
neighboring Tracts 8487, 47850 and 50314, and The Country
Estates, yet allow varation in the overall palette and textures.
Therefore, the proposed project is consistent with and will maintain
and enhance the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines. There is no applicable specific plan.
(h) The design of the pr posed development will provide a desirable
environment for its occupants and visiting public, as well as its
neighbors, through go d aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
As referenced in the i bone Findings, colors, materials, and textures
proposed are complir 7entary to the existing homes within the area
while offering variety nd low levels of maintenance. Therefore, the
proposed project wi 1 provide a desirable environment for its
occupants and visiting public, as well as its neighbors, through good
9
aesthetic use ofaterials, texture, and color that will remain
aesthetically appeali g. Additionally, a Covenant and Agreement is
required and runs with the land to maintain a single-family residence.
(i) The .proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan chec , 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 terr in in the vicinity of Windmill Drive is hilly. By
maintaining the allow d height requirements, the proposed residential
structure allows viE w corridors for the neighboring properties.
Therefore, the proposed residence will not be significantly detrimental
with respect to view blockage impact.
Q) The proposed proje t has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
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 withij
applicable Developm
development stands
No. 50314.
Pursuant to Devek
widths greater than
valuation shows that the proposed project is
3viously certified Master Environmental Impact
act Map Nos. 50314 according to the California
`ty Act of 1970 (CEQA) and guidelines
fer, pursuant to Section 15162(a) ofArticle 11 of
'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
-nt Code standards for that zoning district and
ds set forth in the approval of Tract Map
nt Code Section 22.30.080(5), driveway
wed for a single-family use requires the
approval of a Minor C onditional Use Permit. Driveways are intended
only to provide acc ss to required off-street parking spaces in
garages. No otherving, except walkways, shall be allowed within
the front yard. Drive ays that provide access to garages, having a
setback greater than4 feet from the street property line shall have a
minimum width of 10 eet and a maximum width of 14 feet at property
line.
For this project, the garage will be located more than 24 feet from the
street property linea d a driveway is proposed that also includes a
circular configuration with one access point having a width of 20 feet
at the street property line. Wider driveways and circular driveways
are not uncommon w hin this gated community. In this area, lots are
generally wider at the street property line due to the lot's size and can
accommodate wider and circular driveways. Additionally, many
driveways in the area, are wider due to the number of stalls within a
garage and Fire Del lartment requirements. According to the Fire
Department, the pro osed construction must be within 150 feet of a
vehicularaccess driveway that is 20 feet wide. Therefore, the 20 foot
wide access at the s reef property line may be required by the Fire
Department for its vehicle access for fire fighting purposes.
(I) The proposed use iconsistent 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 not 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. rn
As stated in Finding (f), (g) and (h), the design, location, size and
operating characteristics of the proposed use are compatible with the
existing and future la d uses in the vicinity.
(n) The subject site is ph sically suitable forthe 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 (f), (g, (h) and (k), the project site is physically
suitable for the type and densitylintensity of use being proposed
including access, provision of utilities, compatibility with adjoining land
uses, and the absence of physical constraints.
0
(o) Granting the Minor (
the public interest, I
improvements in the
located.
Soils report, Fire De a
plan check, City per it,
These processes w 11
detrimental to the pu li
property, or improve E
the property is locat d.
ditional Use Permit will not be detrimental to
Ith, 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 California Environmental Quality Act (CEQA).
The environmental valuation shows that the proposed project is
consistent with the pi eviously certified Master Environmental Impact
Report No. 97-1 for T ract Map Nos. 50314 according to the Califomia
Environmental Qua ity Act of 1970 (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15162(a) ofArticle 11 of
the California Code Regulation. No further environmental review is
necessary.
5. Based upon the findings and
conclusion set forth above, the Planning
Commission hereby approves
this Application subject to the following
conditions:
(a) The project shall substantially
conform to site plan, floor plans,
elevations, and m
terials/colors board collectively labeled as
Exhibit "A" dated Fet
ruary 22; 2005, as submitted and approved by
.the Planning Commi
sion; and as amended herein.
(b) The subject site shall
be maintained in a condition that is free of
debris both during
and after the construction, addition, or
implementation of the
entitlement granted herein. The removal of all
trash, debris, and
refuse, whether during or subsequent to
construction, shall be
done only by the property owner, applicant or by
duly permitted waste
contractor, who has been authorized by the City
to provide collection,transportation,
and disposal of solid waste from
residential, commercial,
construction, and industrial areas within the
City. It shall be the
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) Before construction begins, the applicant shall install temporary
construction fencing pursuant to the Building and Safety Division's
7
requirements along he project site's perimeter. The fence shall
remain at the buildable pad's edge to ensure no construction
equipment or debris f any kind is placed within the vegetated area
until released by the tanning Division and the balance shall remain
until the Building Ofi cial approves its removal. Sanitation facilities
shall be provided during construction.
PLANNING
(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 package.
(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
submit a landscapeli
The plan shall reflec
delineate the type of
landscape plan shall
color and material. T
the front yard area v
shall be installed with
issuance.
(g)
(h)
Certificate of Occupancy, the applicant shall
-igation plan for the City's review and approval.
the guidelines set forth by. Tract 50314 and
lanting species, size, quantity and location. The
nclude the driveway detail delineating pattern,
ie landscape plan shall show that 50 percent of
II be landscaped. Landscaping and irrigation
i six (6) months of the Certificate of Occupancy
Driveway access point shall not exceed a 20 foot width at the street
property line adjacent to the Windmill Drive.
Applicant shall comy with Planning Division, Building and Safety
Division and Public Works Division requirements.
The single-family residence shall not be utilized in a manner that
creates adverse elle is 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. Thesingle-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 oi which create traffic and parking problems in the
neighborhood.
E:3
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 Recorder's Office prior to the issuance of a building
permit.
(k) Prior to plan checksubmittal, the applicant shall submit revised front,
side and rear elevations for the Planning Division review and approval
that delineate a corr ice belly band around the residential structure
between the first a d second stories and an eave detail with an
architectural foam fascia which shall be used on the entire residential
structure.
PUBLIC WORKS
(1) Prior to plan check E ubmittal, the applicant shall submit an updated
geotechnical report by a Geotechnical Engineer, licensed by the State
of California, for revi 3w and approval by the City.
(m) Prior to any Buildi g and Safety Division submittals, a grading/
drainage permit shal be obtained from the Public Works/Engineering
Division.
(n) The Drainage Plan s all be prepared by a Civil Engineer, licensed in
the State of Californi , in accordance with the City's Requirements for
Plan Check for the C ity's review and approval.
(o) Applicant must
Electric, etc.
(p) If applicable, all di
conveyed from the s
private street, with
private street, no o
parcels. If required
provide a hydrology
service connections for Water, Sewer, Gas,
inage/runoff from the development shall be
to the natural drainage course or the adjacent
tie exception of the drainage to the adjacent
-site drainage shall be conveyed to adjacent
y the Public Works Director, the applicant shall
tudy.
(q) Finished slope must conform to Diamond Bar Municipal Code
Section 22.22.080 -Grading
(r) Rough and final grade 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.
M
(s) Before the issuance of any City permits, erosion control plans shall be
submitted for the City's review and approval. Measures shall be in
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 Maagement Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits.
(t) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer. -
(u) Drainage pattern shall be reviewed and approved by the Public Works
Division; surface wat er shall drain away from the building at a 2%
minimum slope.
(v) Driveway slope shall be shown on plans.
BUILDING AND SAFETY
(w) Any future pool and spa or tennis court shall require separate permits.
(x) 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.
(y) 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.
(z) The single-family structure is located in "High Fire Zone" and shall
meet the following re uirements 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 ir to the attic, floor, and/or other enclosed areas
shall be coverad with corrosion -resistant wire mesh not less
than '/4 inch nor more than '/z inch in any dimension except
where such openings are equipped with sash or door;
(4) Chimneys sh II have spark arresters of maximum '/2 inch
screen.
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(aa) This single-family strcture shall meet the State Energy Conservation
Standards.
(bb) Smoke detectors shall be provided in all sleeping rooms.
(cc) Prior to the issuanceof any construction permits, the applicant shall
submit construction fans to the Los Angeles County Fire Department
for review and appro al.
(dd) Applicant shall not u e dirty kitchen as a second unit.
(ee) Applicant shall show footing setback and shall meet section 18 of the
building code.
(ff) 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 Assistant City
Manager will consid r the extension request at a duly noticed public
hearing in accordance with Chapter 22.72 of the City of Diamond Bar
Development Code.
(gg) This grant shall not a effective for any purpose until the permittee
and owner of the prc perty involved (if other than the permittee) have
filed, within fifteen ( 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 grnt. Further, this grant shall not be effective until
the permittee pays r maining City processing fees.
The Planning Commission shall.
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to Windmill Estates, LLC, owners, and applicant, Richard Gould, at
3480 Torrance Boul vard, #300, Torrance, CA 90503.
APPROVED AND ADOPTED THIS
PLANNING COMMISSION OF THE
BY:
Dan Nolan, Chairman
VD DAY OF FEBRUARY, 2005, BY THE
OF DIAMOND BAR.
11
I, James DeStefano, Planning Commissi
Resolution was duly introduced, passed,
City of Diamond Bar, at a regular meetir
day of February, 2005, by the following
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: "j " "
% James IDeStefano,
Secretary, do hereby certify that the foregoing
id adopted by the Planning Commission of the
of the Planning Commission held on the 22nd
cManus, V/C Tanaka, Low, Tye, Chair Nolan
one
e
12
PLANNIN
RESOLUT
3 COMMISSION
ON NO. 2005-07
A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-02
AND MINOR CONDITIONAL USE PERMIT NO. 2005-02, A
REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY
RESIDENCE WITH BALCONIES, PORCH AND FOUR CAR
GARAGE TOTALING TO PROXIMATELY 9,800 SQUARE FEET
AND A DRIVEWAY WITH N ACCESS POINT OF 20 FEET WIDE
AT THE STREET PROPERTY LINE. THE PROJECT SITE IS
LOCATED AT 3158 WINDMILL DRIVE (LOT 12, TRACT 50314),
DIAMOND BAR, CALIFORNIA.
A. RECITALS
1 The property owner, Windn
have filed an application fo
Conditional Use Permit No.
Drive, Diamond Bar, Los An
of this Resolution. Hereinaf
Review and Minor Condit!
"Application."
Al Estates, LLC, and applicant, Richard Gould,
r Development Review No. 2005-02 and Minor
2005-02, for a property located at 3158W indmill
geles County, California, as described in the title
ter in this Resolution, the subject Development
onal Use Permit shall be referred to as the
2. On February 4, 2005, 22 property owners within a 500 -foot radius of the
project site were notified b mail and the public notice was posted in three
public places. On February 10, 2005, notification of the public hearing for
this project was made in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers. Furthermore, the project site was posted with a
display board on February , 2005.
3. On February 22, 2005, the Planning Commission of the City of Diamond Bar
conducted and concluded duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is foun
Commission of the City of Diamoi
I, determined and resolved by the Planning
d Bar as follows:
1. The Planning Commission
forth in the Recitals, Part A
2. The Planning Commission
iereby specifically finds that all of the facts set
of this Resolution are true and correct.
hereby determines that the project identified
above in this Resolution islconsistent with the previously certified Master
Environmental Impact Rep rt 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 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 wild[ fe depends. Based upon substantial evidence,
the Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.15 (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 3158 Windmill Drive (Lot 12 of
Tract 50314), Diamdnd Bar, California, adjacent to The Country
Estates. The projec site part is of a 15 -lot subdivision with graded
buildable pads appr ved by the City Council on February 3, 1998.
The project site is vacant and the lot is irregular in shape. It is rough
graded with a buildable flat pad for the front half of the lot while the
rear half slopes dowr
tract map, the projec
toward the rear property line. According to the
site is approximately 90,030 gross square feet
(2.06 gross acres) with a pad area of 21,962 gross square feet.
Within the front portion of the project site are easements for street,
utilities, access and sewer purposes. Within the rear portion of the
project site are easements for slope and drainage maintenance and
open space, equestr
north property line is
purposes. Outside
vegetation, which is
landscape mitigation
grading or construc
Therefore, the land
affected.
an and hiking trail purposes. Adjacent to the
a private and future easement for storm drain
the pad and on the rear slope is natural
the required re -vegetation pursuant to the
plan, approved for Tract Map No. 50314. No
on activity will occur outside the pad area.
caping on the slope is not expected to be
(b) The General Plan 1 nd use designation for project site of Rural
Residential (RR) Maximum 1 DU/AC and the zoning designation is
Single Family Reside ice -Minimum Lot Size 40,000 square feet (R-1-
40,000).
(c)
(d) The application is a
single-family residen
balconies, porch and
Use Permit request i
the maximum 14 fee
south, east, and wes
Generally, the followi
g zones surround the project site: To the north,
is the R-1-40,000.
request for approval to construct a two-story
e of approximately 9,800 square feet including
attached four -car garage. The Minor Conditional
for approval to construct a driveway wider than
allowed at the street property line. .
DEVELOPMENT REVIEW
(e)
district, design guide
The design and layo
with the General P1
neighborhoods and
project complies with
related to maintai,
Map No. 50314 wa
or planned developm
area (e.g., theme are
The General Plan wa
community planned
and the surroundin
design, materials, an
proposed project is c
The project is consist
and the City's Develo
t of the proposed development are consistent
n, development standards of the applicable
ines, and architectural criteria for specialized
s, specific plans, community plans, boulevards,
nts.
adopted on July 25, 1995, and the Final Tract
approved on April 18, 2002. The proposed
he City's General Plan objectives and strategies
ing density, the integrity of residential
en space, and the City's Design Guidelines.
nt with the Tract Map's Development Standards
ment Code where applicable. Furthermore, the
mpatible with the eclectic architectural style and
colors of existing homes within Tract No. 50314
area. There is no specific or additional
evelopment for the site.
(f) The design and layou of the proposed development will not interfere
with the use and njoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
Tract Map No. 50314
certified by the Cit
for single-family hom
project site is an and
neighborhood and th
Windmill Drive and a
and Steeplechase L
residence will not inte
residential develop
private streets are d
Master Environmental Impact Report No. 97-1,
addresses the design and layout of the
flow of pedestrian and vehicular traffic. The
veloped lot within an approved tract designed
S.
cess roads in the vicinity, Wagon Train Lane
ne, adequately serve the project site. These
signed to handle minimum traffic created by
ent. Therefore, the use of a single-family
ere with the use and enjoyment of neighboring
(9)
(h)
existing or future dev
hazards.
The architectural desi
with the characteristi
maintain and enhar
development contemi
Design Guidelines, or
opment and will not create traffic or pedestrian
In of the proposed development is compatible
s of the surrounding neighborhood and will
e the harmonious, orderly and attractive
lated by Chapter 22.48, the General Plan, City
any applicable specific plan.
The project's architec ural features include columns that flank the front
entry, window arrang ment and style, varying planes on the front,
side and rear eleva ions, roof articulation and balconies. Staff
believes that a corn ce belly band should be added around the
residential structure b tween the first and second stories. Exhibit 'A';
Sheet 4 shows two ea a details. Additionally, the eave detail with the
architectural foam fa cia should be used for the entire residential
structure. With the Suggested staff changes and other architectural
features such as columns that flank the front, window arrangement
and style, varying pla es on the front rear and side elevations, roof
articulation and balconies, the proposed residential structures
complies with the Cit 's Design Guidelines.
The proposed materials/colors board was compared with previously
approved boards in the vicinity. The combinations of white, off-white,
beige, tan and gray palette and the building's Mediterranean
architectural style harmoniously blend into the overall streetscape.
The selected materials and colors are consistent and the style is
compatible with the eclectic architectural style of other homes in
neighboring Tracts 8487, 47850 and 50314, and The Country
Estates, yet allow varation in the overall palette and textures.
Therefore, the propo„
and enhance the ha
contemplated by Ch
Guidelines. There is i
The design of the pr
environment for its o
neighbors, through go
that will remain aesthi
As referenced in the
proposed are complii
while offering variety
proposed project w
occupants and visiting
ed project is consistent with and will maintain
monious, orderly and attractive development
ipter 22.48, the General Plan, City Design
,o 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
tically appealing.
bove Findings, colors, materials, and textures
ientary to the existing homes within the area
and low levels of maintenance. Therefore, the
I provide a desirable environment for its
public, as well as its neighbors, through good
aesthetic use of n
aesthetically appeali
required and runs wii
(i)
G)
The proposed proje
safety, or welfare o
property values or
improvements in the
Structural plan checl
Fire Department ap,
processes will ensue
to the public health,
properties or improve
Additionally, the tern
maintaining the allow
structure allows vie
Therefore, the propot
with respect to view 1
aterials, texture, and color that will remain
ig. 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
that the finished project will not be detrimental
safety, or welfare, or materially injurious to the
ments in the vicinity.
iin in the vicinity of Windmill Drive is hilly. By
9d height requirements, the proposed residential
w corridors for the neighboring properties.
ed residence will not be significantly detrimental
dockage impact.
The proposed proje t has been reviewed in compliance with the
provisions of the Cali ornia Environmental Quality Act (CEQA).
The environmental e
consistent with the pr
Report No. 97-1 for T
Environmental Qual
promulgated thereum
the California Code of
necessary.
MINOR CONDITIONAL USE PERMIT
valuation shows that the proposed project is
eviously certified Master Environmental Impact
-act Map Nos. 50314 according to the California
ity Act of 1970 (CEQA) and guidelines
ier, pursuant to Section 15162(a) of Article 11 of
'Regulation. No further environmental review is
(k) The proposed use is allowed within the subject zoning district with the
applicable provisions
Code.
As stated in Findings
use is allowed within
applicable Developm
development standa
No. 50314.
Pursuant to Develo,
widths greater than
of the Development Code and the Municipal
e) through (i) above, the proposed single-family
the RR zoning district and complies with all
?nt Code standards for that zoning district and
ds set forth in the approval of Tract Map
ment Code Section 22.30.080(5), driveway
allowed for a single-family use requires the
approval of a Minor
only to provide acc
garages. No otherp
the front yard. Drive
setback greater than
minimum width of 10
line.
(I)
(m)
onditional Use Permit. Driveways are intended
-ss to required off-street parking spaces in
iving, 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, the garage will be located more than 24 feet from the
street property line and a driveway is proposed that also includes a
circular configuration with one access point having a width of 20 feet
at the street propertline. Wider driveways and circular driveways
are not uncommon whin this gated community. In this area, lots are
generally wider at the street property line due to the lot's size and can
accommodate wider and circular driveways. Additionally, many
driveways in the are are wider due to the number of stalls within a
garage and Fire De artment requirements. According to the Fire
Department, the pro osed construction must be within 150 feet of a
vehicular access driveway that is 20 feet wide. Therefore, the 20 foot
wide access at the s reef property line may be required by the Fire
Department for its vehicle access for fire fighting purposes.
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 an there is not applicable specific plan.
The design, location}, size and operating characteristics of the
proposed use are con patible with the existing and future land uses in
the vicinity.
As stated in Finding (f), (g) and (h), the design, location, size and
operating characteristics of the proposed use are compatible with the
existing and future lad uses in the vicinity.
(n) The subject site is physically suitable forthe 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 (f), (g, (h) and (k), the project site is physically
suitable for the type and densityrintensity of use being proposed
including access, provision of utilities, compatibility with adjoining land
uses, and the absence of physical constraints.
6
(o) Granting the Minor C
the public interest, h
improvements in the
located.
Soils report, Fire De artment requirements and approval, structural
plan check, City per its and inspections are required for construction.
These processes wit ensure that the finished project will not be
detrimental to the pu lic interest, health, safety, injurious to persons,
property, or improve nents in the vicinity and zoning district in which
the property is locat d.
5.
(p)
The proposed project has been reviewed in compliance with the
provisions of the Cal fornia 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 Regulation. No further environmental review is
necessary.
nd conclusion set forth above, the Planning
/es this Application subject to the following
Based upon the findings
Commission hereby appr
conditions:
(a)
(b)
The project shall s—
elevations, and m;
Exhibit "A" dated Fel
the Planning Commi
onditional Use Permit will not be detrimental to
ealth, safety, injurious to persons, property, or
vicinity and zoning district in which the property is
bstantially conform to site plan, floor plans,
terials/colors board collectively labeled as
ruary 22, 2005, as submitted and approved by
sion; and as amended herein.
I
The subject site she
debris both during
implementation ofthf
trash, debris, and
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
construction, shall be done only by the property owner, applicant or by
duly permitted waste ontractor, who has been authorized by the City
to provide collection, transportation, and disposal of solid waste from
residential, commerc al, construction, and industrial areas within the
City. It shall be the pplicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond Bar
to provide such servi es.
(c) Before construction
construction fencing
begins, the applicant shall install temporary
pursuant to the Building and Safety Division's
information within th
remain at the build
PLANNING
the "Buyers' Awaren
the City a copy of the
(d) Prior to the issuance
issuance.
shall be installed within six (6) months of the Certificate of Occupancy
the front yard area w II be landscaped. Landscaping and irrigation
color and material. T e landscape plan shall show that 50 percent of
landscape plan shall nclude the driveway detail delineating pattern,
delineate the type of lanting species, size, quantity and location. The
submit a landscape/irrigation plan for the City's review and approval.
The plan shall reflec: the guidelines set forth by. Tract 50314 and
(f) Within 60 days of the Certificate of Occupancy, the applicant shall
submit their approval to the Planning Division.
(e) Prior to the issuance f any City permits, the applicant shall make an
application to the Walnut Valley Water District as necessary, and
(g)
Division and Public orks Division requirements.
requirements along
until released by the
equipment or debris
approves it
until the Building Official
shall be provided durng construction.
Driveway access point shall not exceed a 20 foot width at the street
property line adjacent to the Windmill Drive.
he project site's perimeter. The fence shall
m
ble pad's edge to ensure no construction
f any kind is placed within the vegetated area
lanning Division and the balance shall remain
F
s removal. Sanitation facilities
m
f any City permits, the applicant shall submit to
signed receipt by the buyer verifying receipt of
ss Package" and that the buyer has read the
package.
EI
(h) Applicant shall comply with Planning Division, Building and Safety
(i)
creates adverse effe
setting of the residen
is upon the neighborhood and environmental
The single-family re
idence shall not be utilized in a manner that
traffic, or other distur
result in a nuisance o
neighborhood.
ial site to levels of dust, glare/light, noise, odor,
ances to the existing residential neighborhood
11
p
Ingle -family residence shall not be used for
al purposes, or otherwise used as a separate
shall not be used for regular gatherings which
dwelling. The propert
and resources. The
commercial/i n stitutio
and shall not result inlsignificantly adverse effects on public services
which create traffic and parking problems in the
U)
(k) Prior to plan check si
side and rear elevatir
that delineate a con
between the first ar
architectural foam fa
structure.
PUBLIC WORKS
(I) 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.
(m)
(n)
The owner shall com
Maintain a Single Fa
City. The covenant
Angeles County's Re
permit.
Prior to any Buildi g and Safety Division submittals, a grading/
drainage permit shal be obtained from the Public Works/Engineering
Division.
The Drainage Plan s
the State of California
Plan Check for the C
plete and record a "Covenant and Agreement to
nily Residence" on a form to be provided by the
rust be completed and recorded with the Los
corder's Office prior to the issuance of a building
ibmittal, the applicant shall submit revised front,
,ns for the Planning Division review and approval
ice belly band around the residential structure
d second stories and an eave detail with an
;cia which shall be used on the entire residential
call be prepared by a Civil Engineer, licensed in
r, in accordance with the City's Requirements for
ity's review and approval.
(o) Applicant must provide service connections for Water, Sewer, Gas,
Electric, etc.
(p)
If applicable, all do
conveyed from the si
private street, with
private street, no or
parcels. If required
provide a hydrology
ainage/runoff from the development shall be
to to the natural drainage course or the adjacent
he exception of the drainage to the adjacent
i -site drainage shall be conveyed to adjacent
iy the Public Works Director, the applicant shall
>tudy.
(q)
(r)
Finished slope mu
Section 22.22.080-(
t conform to Diamond Bar Municipal Code
rading
Rough and final grade certifications by project soils and civil
engineers shall be
Building & Safety Di
the issuance of any
ubmitted to the Public Works/Engineering and
isions prior to placement of concrete pads and
inal inspections respectively.
9
(s) Before the issuance o
submitted for the City
place for construction
The erosion control pi
Elimination System
appropriate Best Mat
applicant shall obtain
f any City permits, erosion control plans shall be
"s review and approval. Measures shall be in
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.
(t) If applicable, the app icant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
(u) Drainage pattern shat be reviewed and approved by the Public Works
Division; surface wat r shall drain away from the building at a 2%
minimum slope.
(v) Driveway slope shall be shown on plans.
BUILDING AND SAFETY
(w) Any future pool and s
(x) The single-family str
Uniform Building Cod
Code, and the 2001 I
(Y)
The minimum design
"C" exposure. Applii
prepared by a licens
signature.
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
;ant shall submit drawings and calculations
ed architect or engineer with wet stamp and
(z) The single-family structure is located in "High Fire Zone" and shall
meet the following re
(1) All roof coverir
shall be fire s
flame or mem
(2) All unenclose
exterior walls;
(3) All openings it
shall be cover
than '/4 inch n
where such op
(4) Chimneys she
screen.
uirements of that fire zone:
g shall be "Fire Retardant, Class A"; the roofs
opped at the eaves to preclude entry of the
ers under the fire;
under -floor areas shall be constructed as
to the attic, floor, and/or other enclosed areas
ad with corrosion -resistant wire mesh not less
or more than '/Y inch in any dimension except
enings are equipped with sash or door;
II have spark arresters of maximum 1/2 inch
10
(aa) This single-family structure shall meet the State Energy Conservation
Standards.
(cc) Prior to the issuance
submit construction
for review and appro
(dd) Applicant shall not u
II be provided in all sleeping rooms.
of any construction permits, the applicant shall
lans to the Los Angeles County Fire Department
al.
e dirty kitchen as a second unit.
(ee) Applicant shall show footing setback and shall meet section 18 of the
building code.
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 Assistant City
Manager will consider the extension request at a duly noticed public
hearing in accordan e with Chapter 22.72 of the City of Diamond Bar
Development Code.
This grant shall not e effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) have
filed, within fifteen ( 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 gr nt. Further, this grant shall not be effective until
the permittee pays r maining City processing fees.
The Planning Commission shall.
(a) Certify to the adopti n 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 ND DAY OF FEBRUARY, 2005, BY THE
PLANNING COMMISSION OF THE,Q1 OF DIAMOND BAR.
Dan Nolan, Chairman
I, James DeStefano, Planning Commissio 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 22nd
day of February, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Commissioners:
Commissioners:
Commissioners:
Commissioners:
cManus, V/C Tanaka, Low, Tye, Chair Nolan
one
one
one
James(DeStefano, Secretary
12