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HomeMy WebLinkAboutPC 2005-17PLANNING COMMISSION RESOLUTION NO. 2005-17 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-11 AND MINOR CONDITIONAL USE PERMIT NO. 2005-04, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 10,629 SQUARE FEET AND A DRIVEWAY WITH AN ACCESS POINT OF 20 FEET WIDE AT THE STREET PROPERTY LINE. THE REQUEST ALSO INCLUDES A RETAINING WALL WITHIN THE NORTH SIDE YARD NOT TO EXCEED AN EXPOSED HEIGHT OF FIVE FEET. THE PROJECT SITE IS LOCATED AT 3139 WINDMILL DRIVE (LOT 9, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2005-11 and Minor Conditional Use Permit No. 2005-04, for a property located at 3139Windmili Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On April 6, 2005, 39 property owners within a 500 -foot radius of the project site were notified by mail and the public notice was posted in three public places. On April 13, 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 April 8, 2005. 3. On April 26, 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 found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: a. The project site is located at 3139 Windmill Drive (Lot 9 of Tract 50314), Diamond Bar, California adjacent to The Country Estates. it is part of a 15 -lot subdivision with graded buildable pads approved 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 two buildable flat pads and sloping down toward the rear property line from the second pad. According to the tract map, the project site is approximately 74,103 gross square feet (1.70 gross acres) with pad areas of 16,137 gross square feet for the first (front) pad and 11,033 square feet for the second (rear) pad. Within the front portion of the project site are easements for street, utilities, access and public services purposes. Within the rear portion of the project site and outside of the second pad is an easement for slope and drainage maintenance purposes. Also, outside the second pad and on the rear slope is natural vegetation, which is the required re - vegetation pursuant to the landscape mitigation plan, approved for Tract Map No. 50314. No grading or construction activity will occur outside the first pad area. Therefore, the mitigation landscaping on the slope is not expected to be affected. (b) The General Pian land use designation for project site of Rural Residential (RR) Maximum 1 DU/AC and the zoning designation are Single Family Residence -Minimum Lot Size 40,000 square feet (R-1- 40,000). K, (c) Generally, the following zones surround the project site: to the north, south, east and west is the R-1-40,000. (d) The application is a request for approval to construct a two-story single-family residence of approximately 10,629 square feet including balconies, porch, covered patio and attached four -car garage. The application request also includes a retaining wall within the north side yard not to exceed an exposed height of five feet. The Minor Conditional Use Permit request is for approval to construct a driveway wider than the maximum 14 feet allowed at the street property line. 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 was adopted on July 25, 1995, and the Final Tract Map No. 50394 was approved on April 18, 2002. The proposed project complies with the City's General Plan objectives and strategies related to maintaining density, the integrity of residential neighborhoods and open space, and the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards and the City's Development Code where applicable. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within Tract No. 50394 and 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 and will not create traffic or pedestrian hazards. Tract Map No. 50314'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. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring 3 streets existing or future development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed architectural style is Mediterranean. The architectural features such as varying planes on the front, rear and side elevations, roof articulation and balconies create interest and reduce the massive appearance of the proposed residence. As a result, staff believes the design of the proposed residence complies with the City's Design Guidelines and is compatible with other homes in the tract and surrounding neighborhood. A variety of building materials in earth tone colors are proposed as folio ws: Roof Concrete tile, Eagle — 3532 Weathered (Terracotta) Stucco Merlex; P-583 Dutch Cream (cream) Stone Colorado, Country Rubble — Antique Cream (varying shades of cream) Columns/Balustrade/Trim/ Dunn Edwards — SP 1 White (white) Doors Trim Around Windows and Dunn Edwards — SP 112 Bone (dark cream) Quoins The proposed materials and colors were compared with previously approved residences in the vicinity. The combinations of white, cream, dark cream and terracotta color palette and the 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 48487, 47850 and 50314, and The Country Estates. 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 proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above Findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the 2 proposed project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These 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.. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map Nos. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) ofArticle 11 of the California Code of Regulation. No further environmental reviewis necessary. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (e) through (i) above, the proposed single-family use is allowed within the RR zoning district and complies with all applicable Development Code standards for that zoning district and development standards set forth in the approval of Tract Map No. 50314. Pursuant to Development 'Code Section 22.30.080(5), driveway widths greater than allowed for a single-family use requires the approval of a Minor Conditional Use Permit. Driveways are intended 5 only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard. Driveways that provide access to garages, having a setback greaterthan 24 feet from the street property line shall have a minimum width of 10 feet 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 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 property line. Wider driveways and circular driveways are not uncommon within 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 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. (l} The proposed use is consistent with the General Plan and any applicable specific plan; 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, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (0, (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 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 (e), (t), (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 Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6 Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public 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). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental impact Report No. 97-9 for Tract Map Nos. 50394 according to the California Environmental Quality Act of 9970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15962(a) ofArticle 19 of the Califomia Code of 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 materials/colors board collectively labeled as Exhibit "A" dated April 26, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad's edge to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. 7 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 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 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 60314 and delineate the type of planting species, size, quantity and location. The landscape plan shall include the driveway detail delineating pattern, color and material. The landscape plan shall show that 50 percent of the front yard area will 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 street property line adjacent to the Windmill Drive. (h) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements. (i) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (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 Division (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. 8 (I) Prior to any Building and Safety Division submittals, a grading/ drainage permit shall be obtained from the Public Works/Engineering Division. (m) The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. Additionally, surface water shall drain away from the building at a 2% minimum slope. (n) Applicant shall provide service connections for water, sewer, gas, electric, etc. (o) if applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study. (p) 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. (q) 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 Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (r) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (s) 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 and shall comply with energy conservation requirements of the State of California Energy Commission. {t) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. 9 M The single-family structure is located in "High Fire Zone" and shaft meet the following requirements of that fire zone; (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All unenclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/ inch nor more than '/z inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum % inch screen. (v) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (w) Grading plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall (x) 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 Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. f=urther, this grant shall not be effective until the permittee pays remaining City processing fees. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. 10 APPROVED AND ADOPTED THIS 26TH DAY OF APRIL, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman 1, James Vtefano, 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 26th day of April, 2005, by the following vote: AYES: Commissioner: Tanaka, Nolan, Tye, V/C Low, Chair/McManus NOES: Commissioner: None. ABSENT: Commissioner: crone. ABSTAIN: Commissioner: None. ATTEST: , WU mes DeSjefano, Secretary t PLANNING COMMISSION RESOLUTION NO. 2005-17 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-11 AND MINOR CONDITIONAL USE PERMIT NO. 2005-04, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, COVERED PATIO AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 10,629 SQUARE FEET AND A DRIVEWAY WITH AN ACCESS POINT OF 20 FEET WIDE AT THE STREET PROPERTY LINE. THE REQUEST ALSO INCLUDES A RETAINING WALL WITHIN THE NORTH SIDE YARD NOT TO EXCEED AN EXPOSED HEIGHT OF FIVE FEET. THE PROJECT SITE IS LOCATED AT 3139 WINDMILL DRIVE (LOT 9, 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. 2005-11 and Minor Conditional Use Permit No. 2005-04, fora property located at 3139W indmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On April 6, 2005, 39 property owners within a 500 -foot radius of the project site were notified by mail and the public notice was posted in three public places. On April 13, 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 April 8, 2005. 3. On April 26, 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 found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract No. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: a. The project site is located at 3139 Windmill Drive (Lot 9 of Tract 50314), Diamond Bar, California adjacent to The Country Estates. It is part of a 15 -lot subdivision with graded buildable pads approved 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 two buildable flat pads and sloping down toward the rear property line from the second pad. According to the tract map, the project site is approximately 74,103 gross square feet (1.70 gross acres) with pad areas of 16,137 gross square feet for the first (front) pad and 11,033 square feet for the second (rear) pad. Within the front portion of the project site are easements for street, utilities, access and public services purposes. Within the rear portion of the project site and outside of the second pad is an easement for slope and drainage maintenance purposes. Also, outside the second pad and on the rear slope is natural vegetation, which is the required re - vegetation pursuant to the landscape mitigation plan, approved for Tract Map No. 50314. No grading or construction activity will occur outside the first pad area. Therefore, the mitigation landscaping on the slope is not expected to be affected. (b) The General Plan land use designation for project site of Rural Residential (RR) Maximum 1 DU/AC and the zoning designation are Single Family Residence -Minimum Lot Size 40,000 square feet (R-1- 40,000). 2 (c) Generally, the following zones surround the project site: to the north, south, east and west is the R-1-40,000. (d) The application is a request for approval to construct a two-story single-family residence of approximately 10,629 square feet including balconies, porch, covered patio and attached four -car garage. The application request also includes a retaining wall within the north side yard not to exceed an exposed height of five feet. The Minor Conditional Use Permit request is for approval to construct a driveway wider than the maximum 14 feet allowed at the street property line. 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. (f) The General Plan was adopted on July 25, 1995, and the Final Tract Map No. 50314 was approved on April 18, 2002. The proposed project complies with the City's General Plan objectives and strategies related to maintaining density, the integrity of residential neighborhoods and open space, and the City's Design Guidelines. The project is consistent with the Tract Map's Development Standards and the City's Development Code where applicable. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within Tract No. 50314 and the surrounding area. There is no specific or additional community planned development for the site. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Tract Map No. 50314'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. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring 3 streets existing or future development and will not create traffic or pedestrian hazards. (9) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed architectural style is Mediterranean. The architectural features such as varying planes on the front, rear and side elevations, roof articulation and balconies create interest and reduce the massive appearance of the proposed residence. As a result, staff believes the design of the proposed residence complies with the City's Design Guidelines and is compatible with other homes in the tract and surrounding neighborhood. A variety of building materials in earth tone colors are proposed as follows: Roof Concrete tile, Eagle - 3532 Weathered (Terracotta) Stucco Merlex; P-589 Dutch Cream (cream) Stone Colorado, Country Rubble - Antique Cream (varying shades of cream) Columns/Balustrade/Trim/ Dunn Edwards - SP I White (white) Doors Trim Around Windows and Dunn Edwards - SP 112 Bone (dark cream) Quoins The proposed materials and colors were compared with previously approved residences in the vicinity. The combinations of white, cream, dark cream and terracotta color palette and the 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 48487, 47850 and 50314, and The Country Estates. 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 proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above Findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the 4 proposed project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single-family residence. (i) a) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. 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.. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map Nos. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with the applicable provisions of the Development Code and the Municipal Code; As stated in Findings (e) through (i) above, the proposed single-family use is allowed within the RR zoning district and complies with all applicable Development Code standards for that zoning district and development standards set forth in the approval of Tract Map No. 50314. Pursuant to Development Code Section 22.30.080(5), driveway widths greater than allowed for a single-family use requires the approval of a Minor Conditional Use Permit. Driveways are intended 5 only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard. Driveways that provide access to garages, having a setback greater than 24 feet from the street property line shall have a minimum width of 10 feet and a maximum width of 14 feet at property line. (1) (m) 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 property line. Wider driveways and circular driveways are not uncommon within 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 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. The proposed use is consistent with the General Plan and any applicable specific plan; As stated in Finding (e) above, the proposed use is consistent with the General Plan and there is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As stated in Findings (f), (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 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 (e), (t), (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 Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6 Soils report, Fire Department requirements and approval, structural plan check, City permits and inspections are required for construction. These processes will ensure that the finished project will not be detrimental to the public 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). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 97-1 for Tract Map Nos. 50314 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission 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 April 26, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad's edge to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. 7 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 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) (g) 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 50314 and delineate the type of planting species, size, quantity and location. The landscape plan shall include the driveway detail delineating pattern, color and material. The landscape plan shall show that 50 percent of the front yard area will be landscaped. Landscaping and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. Driveway access point shall not exceed a 20 foot width at the street property line adjacent to the Windmill Drive. (h) Applicant shall comply with Planning Division, Building and Safety Division and Public Works Division requirements. G) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 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 Division (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. 8 (I) (m) Prior to any Building and Safety Division submittals, a grading/ drainage permit shall be obtained from the Public Works/Engineering Division. The Drainage Plan shall be prepared by a Civil Engineer, licensed in the State of California, in accordance with the City's requirements for plan check review and approval by the Public Works Division. Additionally, surface water shall drain away from the building at a 2% minimum slope. (n) Applicant shall provide service connections for water, sewer, gas, electric, etc. (o) If applicable, all drainage/runoff from the development shall be conveyed from the site to the natural drainage course or the adjacent private street, with the exception of the drainage to the adjacent private street, no on-site drainage shall be conveyed to adjacent parcels. If required by the Public Works Director, the applicant shall provide a hydrology study. (p) (q) 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. 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 Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (r) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (s) 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 and shall comply with energy conservation requirements of the State of California Energy Commission. (t) Applicant shall submit drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. 9 (u) The single-family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All unenclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic; floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than '/4 inch nor more than '/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum %2 inch screen. (v) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (w) Grading plan shall clearly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of the wall. (x) 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 Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (Y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Windmill Estates, LLC, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. 10 APPROVED AND ADOPTED THIS 26TH DAY OF APRIL, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, James Stefano, 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 26th day of April, 2005, by the following vote: AYES: Commissioner: Tanaka, Nolan, Tye, V/C Low, Chair/McManus NOES: Commissioner: None. ABSENT: Commissioner: None. ABSTAIN: Commissioner: None. ATTEST: /f ci mes DeSfefano, Secretary 11