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PLANNING COMMISSION
RESOLUTION NO. 2005-20
A RESOLUTION OF
COMMISSION APPROVI
MINOR CONDITIONAL U
TO CONSTRUCT A TWO
OF APPROXIMATELY
INCLUDING PORCH, BA
CIRCULAR DRIVEWAY.
2839 OAK KNOLL DR
DIAMOND BAR, CALIFOF
RECITALS
THE DIAMOND BAR PLANNING
IG DEVELOPMENT REVIEW 2005-131
3E PERMIT NO. 2005-06, A REQUEST
STORY, SINGLE FAMILY RESIDENCE
11,783 GROSS SQUARE FEET
..CONIES, FIVE CAR GARAGE, AND
'HE PROJECT SITE IS LOCATED AT
VE (LOT 15, TRACT NO. 48487),
NIA.
The property owner/applicant, Windmill Estates, LLC and Richard Gould,
filed Development Review 2005-13/Minor Conditional Use Permit
No. 2005-06 applications for a property located at 2839 Oak Knoll Drive
(Lot 15, Tract No. 48487), Diamond Bar, Los Angeles County, California,
as described in the title of this Resolution. Hereinafter in this Resolution,
the subject Developmenteview and Minor Conditional Use Permit shall
be referred to as the "Appli ation."
2. On April 26, 2005, 65 pi
project site were notified t
were posted within the al
notification was published
Valley DailV Bullet'Lnew
board was posted at the si
3. On May 10, 2005, the Plar
conducted and concluded a
RESOLUTION
perty owners within a 500 -foot radius of the
mail. On April 29, 2005, three other locations
)iication's vicinity; the project's public hearing
n the San Gabriel Valley Tribune and Inland
Rapers; and a public hearing notice display
ning Commission of the City of Diamond Bar
duly noticed public hearing on the Application.
NOW, THEREFORE, it is found determined and resolved by the Planning
Commission of the City of Diamon Bar as follows:
The Planning CommissionF�ereby specifically finds that all of the facts set
forth in the Recitals, Part A, f this Resolution are true and correct.
2. The Planning Commission
above in this Resolution
Environmental impact Repoi
hereby determines that the project identified
is consistent with the previously certified
t No. 91-2 for Tract Map No. 48487.
K
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 this 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, thiz Planning Commission hereby rebuts the
presumption of adverse eff cts contained in Section 753.5 (d) of Title 14
of the California Code of R qulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project irregularly shaped parcel is the vacant Lot 15,
Tract 48487, APN 87113-021-030, and addressed 2839 Oak Knoll
Drive, Diamond Bar, California. The site is in a 15 -lot subdivision
with flat graded buildable pads approved in 1995 and adjacent to
the Country Estates. The project site is approximately 1.87 gross
acres, 81,453 gross square feet. Beyond the buildable pad, the lot
slopes upward to Windmill Drive and is in a slope, drainage, and
maintenance easement. A sewer and 30 feet utility easement are at
the lot's front.
The property contains protected/preserved trees located outside of
the buildable pad. No grading activity or construction will take place
within five (5) feet oft e outer drip line of these trees. No protective
fencing is required.
(b) The General Plan Lad Use designation is Rural Residential (RR),
maximum one dwelling unit per acre. The site is zoned Single
family Residence, R-1-20,000.
(c) The R-1-20,000 zone surrounds the site.
(d) The Application is a rquest to construct a two story, single family
residence of approxi ately 11,783 gross square feet including
porch, balconies, five ar garage, and a circular driveway.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is 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 City Council approved Vesting Tentative Tract Map No. 48487
in June 1992 when the City was operating under a draft General
Plan. On July 25, 1995, the General Plan was adopted and on
October 20, 1995, the Final Tract Map No. 48487 was approved,
Vesting Tentative Tract Map No. 48487 was designed at 25 percent
below the maximum allowable density which complies with the
Rural Residential land use designation (Maximum 1 DU/AC)
identified in the adopted General Plan. The proposed project
complies with theCity's General Plan objectives and strategies
related to maintaining 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 is compatible with the eclectic architectural style,
design, materials, and colors of the surrounding area's existing
homes. 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. 48487s Master Environmental Impact Report
No. 91-2, certified by the City, addresses the design and layout of
the neighborhood and the pedestrian and vehicular traffic flow. The
project site is an undeveloped lot within an approved tract designed
for single-family homes.
Oak Knoll Drive, 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 resident will not interfere with the use and enjoyment
of neighboring existin or future development 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 the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan,
City Design Guideline , or any applicable specific plan.
The proposed proji
project's architectur
columns and ped,
balcony; perpendicL
story structures at tl
the rear; balconies
exteriors with quoi,
window treatments
roof lines add textus
V's architectural style is Mediterranean. The
it features include a two story porticolentry with
-hent; concrete balusters around the front
far garage entry for curb appeal, wing -like two
e front elevation's corners and similar wings at
with concrete balustrade; stone and stucco
�s and other stucco details of comice and
Tor style. These features and the varying tile
and contrast.
The proposed materials/colors board was compared with previously
approved boards in the vicinity. The white, off-white and oatmeal
palette and the building's architecture blend into the streetscape
nicely. The selected materials and colors are consistent and the
style is compatible ifh other homes eclectic architectural style in
Tract 48487 and the neighboring Tracts 47851, 47850, and the
Country Estates. The application is consistent with the City's
Development Code and Design Guidelines. Therefore, the
proposed project is onsistent 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.
A project colors/materials board is provided. The colors, materials,
and textures proposed are complimentary to the existing homes
within the area while offering variety. 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 orresale(s) of property) to the properties or
improvements in the v cinity.
Soils report, fire dep rtment approval, structural plan check, City
permits, and insp ctions are required for construction.
These processes will ensure that the finished project will not be
detrimental to the
injurious to the pro,
Additionally, Tract
near the tract's ten
and westerly neigh
southerly and easte
requirements, the
corridors for the n,
residence will not 1
blockage impact.
health, safety, or welfare, or materially
or improvements in the vicinity.
Jo. 48487s terrain is hilly. The subject site is
inus and at a lower elevation than its northerly
ors and basically at the same elevation as the
ly neighbors. By maintaining the allowed height
proposed residential structure allows view
ighboring properties. Therefore, the proposed
significantly detrimental with respect to view
(j) The proposed proje t has been reviewed in compliance with the
provisions of the Calfornix Environmental Quality Act (CEQA).
According to the California Environmental Quality Act of 1,970
(CEQA), Section 15162(a) of Article 11 of the California Code of
Regulation, the City has determined that this project is consistent
with the previously certified Master Environmental Impact Report
No. 91-2 for Tract M p Nos. 47850, 47851 and 48487.
MINOR CONDITIONAL USE PERMIT
(k) The proposed use is allowed within the subject -zoning district with
the approval of a Mi or Conditional Use Permit and complies with
all other applicable p ovisions of the Municipal Code.
As stated in Items (-i), the proposed single family use is allowed
within the zoning district and complies with all other applicable
provisions of the Municipal Code. The circular driveway meets the
parcel size and the f1 twork or hardscape is less than 50 percent of
the front yard.
The project's streets ape architectural features and design include
the two story porch entry with columns. The perpendicular garage
and circular driveway hide the typical garage door feature. This
adds variation and ctateliness at the streetscape. The circular
driveway and the abo e features add to the project's grandeur.
The circular driveway use is allowed in the zone and complies with
the Municipal Code standards and is consistent with the General
Plan. The design, Ioc tion, size, etc., are compatible in the vicinity
5
and the site is
constraints.
ysically suitable and absent of physical
(I) The proposed use is consistent with the General Plan and any
applicable specific p an.
As stated in Item (k), the proposed use is consistent with the
General Plan and th re is no applicable specific plan.
(m) The design, locatio , size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity.
As stated in Items (, the design, location, size, etc., is compatible
with the existing and future land uses in the vicinity.
(n) The subject site
density/intensity of u
of utilities, compatib
of physical constrain
As stated in Items (F
type and density/into
provisions of utilities,
absence of physical c
is physically suitable for the type and
e being proposed including access, provisions
ity with adjoining land uses, and the absence
, the subject site is physically suitable for the
lsity of use being proposed including access,
:ompatibility with adjoining land uses, and the
(o) Granting the Minor Conditional Use Permit will not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to person, property or improvements in the
vicinity and zoning districts in which the property is located.
Soils report, fire department approval, structural plan check, City
permits, and inspections are required for construction. These
processes will ens re that the finished project will not be
detrimental to the pL blic health, safety, or welfare, or materially
injurious to the prope ies or improvements in the vicinity.
(p) The proposed project has been reviewed in compliance with the
provisions of the Calif rnia Environmental Quality Act (CEQA).
The City has determ ned that this project is consistent with the
Previously certified En ironmental Impact Report No. 91-2 for Tract
Map No. 48487.
5. Based upon the findings
Commission hereby appr
conditions:
and conclusion set forth above, the Planning
)ves this Application subject to the following
(a) The project shall su stantially conform to site plan, floor plans, and
elevations, collectively labeled as Exhibit "A" dated May 10, 2005,
as submitted, ame ded herein, and approved by the Planning
Commission.
(b) The subject site sh
debris both durin
implementation of ti'
trash, debris, and
construction, shall b
by duly permitted w,
City to provide co
waste from resider
areas within the Cit,
that the waste contri
of Diamond Bar to p
PUBLIC WORKS
ill be maintained in a condition that is free of
and after the construction, addition, or
e entitlement granted herein. The removal of all
refuse, whether during or subsequent to
done only by the property owner, applicant or
ste contractor, who has been authorized by the
ection, transportation, and disposal of solid
tial, commercial, construction, and industrial
. It shall be the applicant's obligation to insure
ctor utilized has obtained permits from the City
evide such services.
(c) As required by the City Engineer, the Applicant shall submit an
updated geotechnic I report by a Geotechnical Engineer, licensed
by the State of Califo nia, for review and approval.
(d) Prior to any Buildin
drainage approval
Works/Engineering f
prepared by a Civil
shall provide servicE
etc., and detail Erosi
plan. These measu
between October 1st
(e) All storm water dra
conveyed from the
natural drainage coui
adjacent parcels.
and Safety Division submittals, a grading/
shall be obtained from the Public
vision. The Drainage Plan submittal shall be
:ngineer, licensed by the State of California,
connections for water, sewer, gas, electric,
n Control Plan concurrently with the drainage
:s must be implemented during construction
nd April 15th.
age/runoff from the development shall be
e to an appropriate drainage facility or the
No on-site drainage shall be conveyed to
(f) If required by the Oty Engineer, the applicant shall comply
with Standard Urban Storm Water Mitigation Plan (SUSMP)
7
(g)
requirements. Best Management Practices (BMP's) shall be
incorporated into the project plans for both construction and post -
construction activities.
The finished slope shall conform to Diamond Bar Municipal Code
Section 22.22.080-G ading.
(h) 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.
BUILDING AND SAFETY
(i) Driveway slope shall be shown on the plans.
(j) Surface water shall drain away from the building at two percent
minimum slope.
(k) The applicant shall rovide temporary sanitation facilities while
under construction.
(1) The single family structure shall meet the 2001 California Building
Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code requirements.
(m) This single family structure shall meet the State Energy
Conservation Standards.
(n) The minimum design ind pressure shall be 80 miles per hour and
"C" exposure.
(o) Smoke detectors shall be provided in all sleeping rooms.
(p) Building setback frorn any slope (top or toe) shall meet the
requirements of the 2001 California Building Code, Section 18.
(q) The applicant shall comply with the requirements of City Planning,
Building and Safety, Public Works Divisions, and the Fire
Department.
PLANNING
(r) Applicant shall sub it an application to the Walnut Valley Water
District for Fire Flow and submit their approval to the Building and
Safety Division prior to the issuance of building permits.
(s) Site, driveway grad, and house design shall be approved by the
Fire Department.
(t) Each accessory structure
shall require a separate building permit.
(u) Applicant shall verify
that the project site is .currently connected to
the public sewer system
and impacts on the sewage capacity as a
result of the proposed
structure shall be approved. Applicant shall
verify availability to
and make application for connection to the
sewer with the Los
Angeles County Department of Public Works
and/or the Sanitation
District prior to the issuance of any City
construction permit.
(v) The single family str
cture requires Fire Department approval and
is located in "Hi h
Fire Zone" and shall meet the following
requirements of that
fire zone.
(1) Alf roof covering
shall be "Fire Retardant, Class A"; the roofs
shall be fire s
opped at the eaves to preclude entry of the
flame or mem
ers under the fire;
(2) All enclosed
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 sha
I have spark arresters of maximum % inch
screen.
(w) 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
N
gatherings which result in a nuisance or which create traffic and
parking problems in the neighborhood.
(x) The owners shall co piete 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 recorded with the Los Angeles
County's Recorder's Office prior to the issuance of a building
permit.
(y) This approval is val
(i.e., construction) wi
one -(1) year extensi
City in writing at les
Assistant City Manag
noticed public hearin(
of Diamond Bar Muni
(z) This approval shall
permittee and owner
permittee) have filed,
City of Diamond B
Department, their affi
accept all the conditi
not be effective until
fees.
(aa) If the Department of
Game Code Section
then the applicant sh
grant's approval, a c�
handling fee in connec
Furthermore, if this pr
because the project h�
wildlife, the applicant
Game any such fee ar
to be owed.
The Planning Commission shall:
(a) Certify to the adoption
d for two (2) years and shall be exercised
hin that period or this approval shall expire. A
)n may be approved when submitted to the
st 60 days prior to the expiration date. The
=_r will consider the extension request at a duly
1 in accordance with Chapter 22.72 of the City
;ipal Code.
not be effective for any purpose until the
a of the property involved (if other than the
within fifteen (15) days of this approval, at the
3r Community 'and Development Services
lavit stating that they are aware and agree to
)ns of this grant. Further, this approval shall
he permittee pays remaining City processing
Fish and Game determines that Fish and
11.4 applies to the approval of this project,
ill remit to the City, within five days of this
shier's check of $25.00 for a documentary
:ion with Fish and Game Code requirements.
ject is not exempt from a filing fee imposed
s more than a deminimis impact on fish and
hall also pay to the Department of Fish and
J any fine which the Department determines
this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified
mail to Windmill Fstat s, LLC and Richard Gould, 3480 Torrance
Boulevard, #300, Torra ce, CA 90503.
APPROVED AND ADOPTED THIS IOTM DAY OF MAY 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Joe McManus, Choirman
I, James DeMefano, Planning Com ission Secretary, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of
the Planning Commission held on the 101h day of May 2005, by the following vote:
AYES: Commissioners: v/C Low, Tanaka, Nolan, Tye, Chair/McManus
NOES: Commissioner: None.
ABSENT: Commissioner: None.
ABSTAIN: Commissioner: crone.
ATTEST:
�k—
"J�es DeS fano, Secretary
11
PLANNII
RESOLU
A RESOLUTION OF
COMMISSION APPROVII
MINOR CONDITIONAL U
TO CONSTRUCT A TWO
OF APPROXIMATELY
INCLUDING PORCH, BA
CIRCULAR DRIVEWAY.
2839 OAK KNOLL DR
DIAMOND BAR, CALIFOI
G COMMISSION
ION NO. 2005-20
THE DIAMOND BAR PLANNING
JG DEVELOPMENT REVIEW 2005-13/
SE PERMIT NO. 2005-06, A REQUEST
STORY, SINGLE FAMILY RESIDENCE
11,783 GROSS SQUARE FEET
LCONIES, FIVE CAR GARAGE, AND
HE PROJECT SITE IS LOCATED AT
IVE (LOT 15, TRACT NO. 48487),
INIA.
A. RECITALS
1 The property owner/applic—
filed Development Revie
No. 2005-06 applications f
(Lot 15, Tract No. 48487),
as described in the title of
the subject Development F
be referred to as the "Appli
int, Windmill Estates, LLC and Richard Gould,
w 2005-13/Minor Conditional Use Permit
r a property located at 2839 Oak Knoll Drive
Diamond Bar, Los Angeles County, California,
this Resolution. Hereinafter in this Resolution,
eview and Minor Conditional Use Permit shall
ration."
On April 26, 2005, 65 pro
project site were notified b)
were posted within the ap
notification was published
Valley Daily Bulletin new:
board was posted at the site
3. On May 10, 2005, the Plar
conducted and concluded a
perry owners within a 500 -foot radius of the
mail. On April 29, 2005, three other locations
)lication's vicinity; the project's public hearing
in the San Gabriel Valley Tribune and Inland
papers; and a public hearing notice display
ning Commission of the City of Diamond Bar
duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found
Commission of the City of Diamonr
determined and resolved by the Planning
Bar as follows:
1. The Planning Commission
forth in the Recitals, Part A
ereby specifically finds that all of the facts set
if 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
Environmental Impact Repo No. 91-2 for Tract Map No. 48487.
3. The Planning Commission
having considered the rec
below, and changes and
and conditioned upon the
there is no evidence befc
proposed herein will have
resources or the habitat i
substantial evidence, thi;
presumption of adverse efi
of the California Code of RE
hereby specifically finds and determines that,
rd. as a whole including the findings set forth
alterations which have been incorporated into
proposed project set forth in the Application,
re this Planning Commission that the project
the potential of an adverse effect on wild life
pon which the wildlife depends. Based upon
Planning Commission hereby rebuts the
cts contained in Section 753.5 (d) of Title 14
gulations.
Based upon the findings a
Commission hereby finds a
(a)
(b)
The project irregul
Tract 48487, APN 8
Drive, Diamond Bar,
with flat graded built
the Country Estates.
acres, 81,453 gross
slopes upward to Wi
maintenance easeme
the lot's front.
The property contain;
the buildable pad. No
within five (5) feet of t
fencing is required.
The General Plan Lai
maximum one dwelli
family Residence, R-1
d conclusions set forth herein, this Planning
follows:
rly shaped parcel is the vacant Lot 15,
'13-021-030, and addressed 2839 Oak Knoll
California. The site is in a 15 -lot subdivision
able pads approved in 1995 and adjacent to
The project site is approximately 1.87 gross
>quare feet. Beyond the buildable pad, the lot
ndmill Drive and is in a slope, drainage, and
nt. A sewer and 30 feet utility easement are at
protected/preserved trees located outside of
grading activity or construction will take place
ie outer drip line of these trees. No protective
d Use designation is Rural Residential (RR),
ig unit per acre. The site is zoned Single
•20,000.
(c) The R-1-20,000 zone surrounds the site.
(d) The Application is a request to construct a two story, single family
residence of approximately 11,783 gross square feet including
porch, balconies, five car garage, and a circular driveway.
DEVELOPMENT REVIEW
(e)
The design and layou of the proposed development is consistent
with the General Plan, development standards of the applicable
district, design guideli es, and architectural criteria for specialized
area (e.g., theme reas, specific plans, community plans,
boulevards, or planned developments).
The City Council a
1111
roved Vesting Tentative Tract Map No. 48487
the City was operating under a draft General
in June 1992 when
Plan. On July 25,
October 20, 1995,
Vesting Tentative T
below the maximu
Rural Residential
identified in the a
complies with the
1995, the General Plan was adopted and on
he Final Tract Map No. 48487 was approved.
act Map No. 48487 was designed at 25 percent
allowable density which complies with the
and use designation (Maximum I DU/AC)
opted General Plan. The proposed project
Fty's General Plan objectives and strategies
related to maintainin
open space, and the
9
the integrity of residential neighborhoods and
City's Design Guidelines.
The project is cor,
Standards and is co
design, materials, a
homes. There is n
development for the,
(f) The design and la,
interfere with the u,
future development,
hazards.
sistent with the Tract Map's Development
mpatible with the eclectic architectural style,
rid colors of the surrounding area's existing
D specific or additional community planned
site.
,out of the proposed development will not
e and enjoyment of neighboring existing or
and will not create traffic or pedestrian
Tract Map No. 481
No. 91-2, certified by
the neighborhood ano
project site is an undE
for single-family homE
Oak Knoll Drive, Win
Wagon Train Lane a
project site. These pr
traffic created by resi
single-family residenc
of neighboring existin
87's Master Environmental Impact Report
the City, addresses the design and layout of
'the pedestrian and vehicular traffic flow. The
veloped lot within an approved tract designed
S.
dmill Drive, and access roads in the vicinity,
id Steeplechase Lane, adequately serve the
vate streets are designed to handle minimum
ential development. Therefore, the use of a
will not interfere with the use and enjoyment
or future development will not create traffic
or pedestrian hazards.
(g) The architectural di
compatible with the ch
and will maintain
development contemp
City Design Guideline:
:sign of the proposed development is
aracteristics of the surrounding neighborhood
the harmonious, orderly and attractive
lated by Chapter 22.48, the General Plan,
or any applicable specific plan.
3
The proposed prof ct's architectural style is Mediterranean. The
project's architectur I features include a two story portico/entry with
columns and ped ment; concrete balusters around the front
balcony; perpendic lar garage entry
for curb appeal; wing -like two
story structures at t e front elevation's corners and similar wings at
the rear,- balconies with concrete balustrade; stone and stucco
exteriors with quoins and other stucco details of cornice and
window treatments or style. These features and the varying tile
roof lines add texture and contrast.
The proposed materals/colors board was compared with previously
approved boards in
palette and the bull
nicely. The selected
style is compatible v
Tract 48487 and th
Country Estates. T
Development Code
proposed project is
the harmonious, ord
by Chapter 22.48, th
is no applicable spec
the vicinity. The white, off-white and oatmeal
ing's architecture blend into the streetscape
materials and colors are consistent and the
nth other homes eclectic architectural style in
neighboring Tracts 47851, 47850, and the
7e application is consistent with the City's
and Design Guidelines. Therefore, the
;onsistent with and will maintain and enhance
—rly and attractive development contemplated
General Plan, City Design Guidelines. There
fic 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 esthetically appealing.
A project co/ors/mate
and textures proposc
within the area while
Agreement is require
family residence.
gals board is provided. The colors, materials,
d are complimentary to the existing homes
offering variety. Additionally, a Covenant and
and runs with the land to maintain a single
d
(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 esale(s) of property) to the properties or
improvements in the v cinity.
Soils report, fire deprtment approval, structural plan check, City
permits, and insp coons are required for construction.
These processes will ensure that the finished project will not be
detrimental to the
injurious to the prop
0)
public health, safety, or welfare, or materially
pities or improvements in the vicinity.
Additionally, Tract I
near the tract's terry
and westerly neighs
southerly and eastei
requirements, the
corridors for the ne
residence will not b
blockage impact.
The proposed proje
provisions of the Cal
Jo. 48487's terrain is hilly. The subject site is
inus and at a lower elevation than its northerly
ors and basically at the same elevation as the
ly neighbors. By maintaining the allowed height
proposed residential structure allows view
ighboring properties. Therefore, the proposed
significantly detrimental with respect to view
:t has been reviewed in compliance with the
fornia Environmental Quality Act (CEQA).
According to the galifornia Environmental Quality Act of 1970
(CEQA), Section 15162(a) of Article 11 of the California Code of
Regulation, the City has determined that this project is consistent
with the previously certified Master Environmental Impact Report
No. 91-2 for Tract M p Nos. 47850, 47851 and 48487.
MINOR CONDITIONAL USE PERMIT
(k) The proposed use is allowed within the subject -zoning district with
the approval of a Mi or Conditional Use Permit and complies with
all other applicable p ovisions of the Municipal Code.
As stated in Items (e
within the zoning di.
provisions of the Muw
parcel size and the fh
the front yard.
The project's streetsc
the two story porch e
and circular drivewa
adds variation and
driveway and the abo
-i), the proposed single family use is allowed
strict and complies with all other applicable
iicipal Code. The circular driveway meets the
?twork or hardscape is less than 50 percent of
ape architectural features and design include
ntry with columns. The perpendicular garage
1 hide the typical garage door feature. This
tateliness at the streetscape. The circular
ie features add to the project's grandeur.
The circular driveway use is allowed in the zone and complies with
the Municipal Code tandards and is consistent with the General
Plan. The design, loc tion, size, etc., are compatible in the vicinity
and the site is Physically suitable and absent of physical
constraints.
(I) The proposed use
applicable specific p
As stated in Item
is consistent with the General Plan and any
an.
k), the proposed use is consistent with the
General Plan and there is no applicable specific plan.
(m) The design, locatioh, size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity.
As stated in Items (11), the design, location, size, etc., is compatible
with the existing and future land uses in the vicinity.
(n) The subject site is physically suitable for the type and
density/intensity of use being proposed including access, provisions
of utilities, compatibi ity with adjoining land uses, and the absence
of physical constraint .
As stated in Items (k , the subject site is physically suitable for the
type and density/inte sity of use being proposed including access,
provisions 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, ealth, safety, convenience, or welfare, or
materially injurious t person, property or improvements in the
vicinity and zoning di tricts in which the property is located.
Soils report, fire dep rtment approval, structural plan check, City
permits, and inspections are required for construction. These
processes will ens a that the finished project will not be
detrimental to the p blic health, safety, or welfare, or materially
injurious to the prope ies or improvements in the vicinity.
(p) The proposed project has been reviewed in compliance with the
provisions of the Calif rnia Environmental Quality Act (CEQA).
The City has determined that this project is consistent with the
previously certified En ironmental Impact Report No. 91-2 for Tract
Map No. 48487.
5. Based upon the findings
Commission hereby appr
conditions:
(a) The project shall su
elevations, collective
as submitted, ame
Commission.
and conclusion set forth above, the Planning
)ves this Application subject to the following
stantially conform to site plan, floor plans, and
ly labeled as Exhibit "A" dated May 10, 2005,
ded herein, and approved by the Planning
(b) The subject site shy
debris both durinc
implementation of th
trash, debris, and
construction, shall b,
by duly permitted we
City to provide col
waste from resider
areas within the City
that the waste contr
of Diamond Bar to pi
PUBLIC WORKS
(c)
ill be maintained in a condition that is free of
i and after the construction, addition, or
e entitlement granted herein. The removal of all
refuse, whether during or subsequent to
done only by the property owner, applicant or
ste contractor, who has been authorized by the
ection, transportation, and disposal of solid
tial, commercial, construction, and industrial
. It shall be the applicant's obligation to insure
ctor utilized has obtained permits from the City
ovide such services.
As required by the
updated geotechnica
by the State of Califo
City Engineer, the Applicant shall submit an
I report by a Geotechnical Engineer, licensed
rnia, for review and approval.
(d) Prior to any Buildin
drainage approval
Works/Engineering C
prepared by a Civil
shall provide servic
etc., and detail Erosi
plan. These measu
between October 1st
I and Safety Division submittals, a grading/
shall be obtained from the Public
ivision. The Drainage Plan submittal shall be
ngineer, licensed by the State of California,
connections for water, sewer, gas, electric,
n Control Plan concurrently with the drainage
es must be implemented during construction
and April 15th.
e
0
(e) All storm water drainage/runoff from the development shall be
conveyed from the site to an appropriate drainage facility or the
natural drainage cour e. No on-site drainage shall be conveyed to
adjacent parcels.
(f) If required by the City Engineer, the applicant shall comply
with Standard Urban Storm Water Mitigation Plan (SUSMP)
requirements. Best
construction activitie
incorporated into th
(g) The finished slope
The single family structure shall meet the 2001 California Building
Code, California Plu bing Code, California Mechanical Code, and
the 2001 National Ele trical Code requirements.
Section 22.22.080 -Grading.
(h) Rough and final g
engineers shall be s
Building & Safety D
the issuance of any fi
BUILDING AND SAFETY
(i)
(j) Surface water shall
minimum slope.
Management Practices (BMP's) shall be
project plans for both construction and post
hall conform to Diamond Bar Municipal Code
ade certifications by project soils and civil
bmitted to the Public Works/Engineering and
isions prior to placement of concrete pads and
al inspections respectively.
rain away from the building at two percent
(k) The applicant shall provide temporary sanitation facilities while
under construction.
(I)
(m) This single family structure shall meet the State Energy
Conservation Standards.
(n) The minimum design
"C" exposure.
ind pressure shall be 80 miles per hour and
be provided in all sleeping rooms.
any slope (top or toe) shall meet the
requirements of the 2091 California Building Code, Section 18.
(q) The applicant shall comply with the requirements of City Planning,
Building and Safety, Public Works Divisions, and the Fire
Department.
(r) Applicant shall sub
District for Fire Flo
Safety Division prior
(s)
(t)
(u)
Site, driveway grad
Fire Department.
and/or the Sanitati
construction permit.
result of the propos
verify availability to
sewer with the Los
the public sewer sy
Applicant shall verif
(v) The single family structure requires Fire Department approval and
is located in "High Fire Zone" and shall meet the following
requirements of that ire zone:
PLANNING
(w)
screen.
it an application to the Walnut Valley Water
and submit their approval to the Building and
to the issuance of building permits.
, and house design shall be approved by the
ture shall require a separate building permit.
that the project site is.currently connected to
tem and impacts on the sewage capacity as a
d structure shall be approved. Applicant shall
and make application for connection to the
Angeles County Department of Public Works
n District prior to the issuance of any City
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
o the attic, floor, and/or other enclosed areas
d with corrosion-resistant wire mesh not less
r more than '/2 inch in any dimension except
nings are equipped with sash or door;
have spark arresters of maximum Y2 inch
(4) Chimneys shall
where such op
shall be cover
than 1/4 inch n
flame or mem
(2) All enclosed
exterior walls;
(3) All openings i
shall be fire s
(1) All roof cover
be used for commer
public services and re
odor, traffic, or oth
neighborhood and sh
setting of the reside
creates adverse effec
The single family res
dence shall not be utilized in a manner that
s upon the neighborhood and environmental
tial site to levels of dust, glare/light, noise,
disturbances to the existing residential
II not result in significantly adverse effects on
ources. The single family residence shall not
ial/institutional purposes, or otherwise used
as a separate dwellingl. The property shall not be used for regular
gatherings which re
parking problems in
N
The owners shall co
to Maintain a Single
the City. The cover
County's Recorder'!
permit.
(Y)
(z)
(aa)
;ult in a nuisance or which create traffic and
he neighborhood.
nplete and record a "Covenant and Agreement
=amily Residence" on a form to be provided by
ant must be recorded with the Los Angeles
Office prior to the issuance of a building
This approval is vapid for two (2) years and shall be exercised
(i.e., construction) wil
one -(1) year extensi
City in writing at lea
Assistant City Manag
noticed public hearin
of Diamond Bar Muni
This approval shall
permittee and owner
permittee) have filed,
City of Diamond B
Department, their affi
accept all the conditi
not be effective until
fees.
hin that period or this approval shall expire. A
)n may be approved when submitted to the
st 60 days prior to the expiration date. The
-Ir will consider the extension request at a duly
in accordance with Chapter 22.72 of the City
;ipal Code.
9
not be effective for any purpose until the
> of the property involved (if other than the
within fifteen (15) days of this approval, at the
r Community and Development Services
avit stating that they are aware and agree to
ns of this grant. Further, this approval shall
he permittee pays remaining City processing
If the Department of
Game Code Section
then the applicant sh
grant's approval, a c—
handling fee in connec
Furthermore, if this pr
because the project h,
wildlife, the applicant ,
Game any such fee ar
to be owed.
The Planning Commission shall:
(a) Certify to the adoption
Fish and Game determines that Fish and
'11.4 applies to the approval of this project,
all remit to the City, within five days of this
ishier's check of $25.00 for a documentary
tion with Fish and Game Code requirements.
)ject is not exempt from a filing fee imposed
is more than a deminimis impact on fish and
;hall also pay to the Department of Fish and
id any fine which the Department determines
f this Resolution; and
(b) Forthwith transmit a c
!rtified copy of this Resolution, by certified
mail to Windmill Estate
s, LLC and Richard Gould, 3480 Torrance
Boulevard, #300, Torra
ice, CA 90503.
110
APPROVED AND ADOPTED THIS
OT" DAY OF MAY 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
I, James DeStefano, Planning Commission Secretary, do hereby certify that the
foregoing Resolution was duly introdu ed, passed, and adopted, at a regular meeting of
the Planning Commission held on the Och day of May 2005, by the following vote:
AYES: Commissioners: V/C Low, Tanaka, Nolan, Tye, Chair/McManus
NOES: Commissioner: None.
ABSENT: Commissioner: None.
ABSTAIN: Commissioner: None.
ATTEST:
11