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HomeMy WebLinkAboutPC 2005-21A. B PLANNING COMMISSION RESOLUTION NO. 2005-21 A RESOLUTION OFTH CITY OF DIAMOND BAR PLANNING COMMISSION API VI G DEVELOPMENT REVIEW NO. 2005-17 AND MINOR CONDITI NAL USE PERMIT NO. 2005-09, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BA CONIES, PORCH, AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 10,820 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 ANE POSED HEIGHT OF FOUR FEET. THE PROJECT SITE IS LOCATED AT 3129 WINDMILL DRIVE (LOT 8, TRACT 50314), DIAMOND BAR, CALIFORNIA. RECITALS The property owner, Wind have filed an application f Conditional Use Permit No Drive,,.Diamond Bar, Los A of this Rpsolution. Herein Review and Minor Condl "Application." 2. On April 23, 2005, 39 prop site were notified by mail places. On April 29, 2005 was made in the San Gabr newspapers. Furthermore on April 28, 2005. sill Estates, LLC, and applicant, Richard Gould, r Development Review No. 2005-17 and Minor 2005-09, fora property located at 3129Windmill geles County, California, as described in the title ter in this Resolution, the subject Development onal Use Permit shall be referred to as the rty owners within a 500 -foot radius of the project nd the public notice was posted in three public notification of the public hearing for this project J Valley Tribune and Inland Valley Daily Bulletin the project site was posted with a display board 3. On May 10, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamo d Bar as follows: The Planning Commission) hereby specifically finds that all of the facts set forth in the Recitals, Part , 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 Regulati ns. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the propo ed 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 753.5 (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 a follows: The project site is located at 3129 Windmill Drive (Lot 8 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 w rough graded with tw the rear and south According to the trac gross square feet (1.� square feet for the fi second (rear) pad. ' easements for street, Within the rear portio Pad is an easement f Also, outside the se vegetation, which is landscape mitigation grading or constructic Therefore, the mitigat be affected. (b) The General Plan la Residential (RR) Max Single Family Resider 40,000). (c) Generally, the followi south, east and west cant and the lot is rectangular in shape. It is buildable flat pads and sloping down toward side property lines from the second pad. map, the project site is approximately 78,804 1 gross acres) with pad areas of 13,190 gross 'st (front) pad and 11,624 square feet for the Vithin the front portion of the project site are utilities, access and public services purposes. i of the project site and outside of the second )r slope and drainage maintenance purposes. :ond pad and on the rear slope is natural the required re -vegetation pursuant to the )Ian, approved for Tract Map No. 50314. No n activity will occur outside the first pad area. an landscaping on the slope is not expected to d use designation for project site of Rural num 1 DU/AC and the zoning designation is :e -Minimum Lot Size 40,000 square feet (R -1 - zones surround the project site: to the north, the R-1-40,000. (d) The application is single-family resider balconies, porch a request also include exceed an exposed Permit request is foi wider than the maxis DEVELOPMENT REVIEW (e) The design and lay( with the General F district, design guid area (e.g., theme ar( or planned developr request for approval to construct a two-story -e of approximately 10,629 square feet including d attached four -car garage. The application a retaining wall within the north side yard not to height of four feet. The Minor Conditional Use approval to construct a driveway (20 feet wide) ium 14 feet allowed at the street property line. it of the proposed development are consistent in, development standards of the applicable lines, and architectural criteria for specialized is, specific plans, community plans, boulevards, ents. 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. (f) The design and layout of the proposed development will not interfere with the use and enJoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 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 mil for single -fay hom s. 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 existing or future de elopment will not create traffic or pedestrian hazards. 3 (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 Pian, City Design Guidelines, o any applicable specific plan. Architectural features such as columns that flank the front entry, window arrangement and style, varying planes on the front, rear and right side (north) elevation, belly band on the left side (south)elevation, roo 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: The proposed materia approved residences i dark cream and terr architectural style hal The selected materia compatible with the E neighboring Tracts 4 Estates. Therefore, th maintain and enhan development contemp Design Guidelines. Th s and colors were compared with previously the vicinity. The combinations of white, cream, cotta color palette and the Mediterranean 7oniously blend into the overall streetscape. and colors are consistent and the style is ;lectic architectural style of other homes in 487, 47850 and 50314, and The Country proposed project is consistent with and will the harmonious, orderly and attractive ited by Chapter 22.48, the General Plan, City re is no applicable specific plan. (h) The design of the pro osed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through goo J aesthetic use of materials, texture, and color that will remain aesthet cally appealing. As referenced in the ab ve Findings, colors, materials, and textures proposed are Complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project MY provide a desirable environment for its 0 Concrete tile, Eagle — 3118 Terracotta Gold red PRoof cco EColorado, Merlex; P-141 ffwhite ne Coun— Oatmeal off-white 12� umns/BalustradelT �m Dunn Edwards — SP 846 Swiss Coffee (white) ors Wrou ht Iron Rails Dunn Edwards — SP 63 Travertine dark cream The proposed materia approved residences i dark cream and terr architectural style hal The selected materia compatible with the E neighboring Tracts 4 Estates. Therefore, th maintain and enhan development contemp Design Guidelines. Th s and colors were compared with previously the vicinity. The combinations of white, cream, cotta color palette and the Mediterranean 7oniously blend into the overall streetscape. and colors are consistent and the style is ;lectic architectural style of other homes in 487, 47850 and 50314, and The Country proposed project is consistent with and will the harmonious, orderly and attractive ited by Chapter 22.48, the General Plan, City re is no applicable specific plan. (h) The design of the pro osed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through goo J aesthetic use of materials, texture, and color that will remain aesthet cally appealing. As referenced in the ab ve Findings, colors, materials, and textures proposed are Complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project MY provide a desirable environment for its 0 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 proje t 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 improv ments in the vicinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. (j) The proposed projet has been reviewed in compliance with the provisions of the Cali ornia Environmental Quality Act (CEQA). The environmental E consistent with the pi Report No. 97-1 for T Environmental Qua, promulgated thereum the California Code o, necessary. MINOR CONDITIONAL USE PERMIT valuation shows that the proposed project is Dviously certified Master Environmental Impact 'act Map Nos. 50314 according to the California qty Act of 1970 (CEQA) and guidelines ter, 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 of the Development Code and the Municipal Code. As stated in Findings f 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 al owed for a single-family use requires the 5 approval of a Minor onditional Use Permit. Driveways are intended only to provide access to required off-street parking spaces in garages. No other p ving, 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 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 wr 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 Department requirements. According to the Fire Department, the proposed construction must be within 150 feet of a vehicular access drive, way that is 20 feet wide. Therefore, the 20 foot wide access at the street property line may be required by the Fire Department for its vehicle access for fire fighting purposes. (I} The proposed use i consistent with the General Plan and any applicable specific plan. As stated in Finding O 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 10, (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), (f), (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. 6 (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. Soils report, Fire E plan check, City pe, These processes detrimental to the p property, or improv the property is loca (p) The proposed proj provisions of the Ci The environmental consistent with the Report No. 97-1 for Environmental Qu promulgated thereu the California Code necessary. partment requirements and approval, structural nits and inspections are required for construction. ill ensure that the finished project will not be blic interest, health, safety, injurious to persons, ments in the vicinity and zoning district in which ,d. has been reviewed in compliance with the -nia Environmental Quality Act (CEQA). evaluation shows that the proposed project is reviously certified Master Environmental Impact Tact Map Nos. 50314 according to the California lity Act of 1970 (CEQA) and guidelines der, pursuant to Section 15162(a) of Article 11 of if Regulation. No further environmental review is 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby appr ves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated May 10, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site sh; debris both durinc implementation of th trash, debris, and construction, shall bE duly permitted waste to provide collection, residential, commerc City. It shall be the contractor utilized ha to provide such servi II be maintained in a condition that is free of and after the construction, addition, or entitlement granted herein. The removal of all refuse, whether during or subsequent to done only by the property owner, applicant or by ;ontractor, who has been authorized by the City ransportation, and disposal of solid waste from al, construction, and industrial areas within the applicant's obligation to insure that the waste obtained permits from the City of Diamond Bar es. (c) Before construction begins, the applicant shall install temporary construction fencingursuant to the Building and Safety Division's requirements along t e project site's perimeter. The fence shall 7 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 du ing construction. 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 th Certificate of Occupancy, the applicant shall submit a landscape/irrigation plan for the City's review and approval. The plan shall reflec the guidelines set forth by Tract 50314 and delineate the type of lanting species, size, quantity and location. The landscape plan shall nclude 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 poi t 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 effec s upon the neighborhood and environmental setting of the residents 31 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 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. N PUBLIC WORKS Division (k) Prior to plan check geotechnical report of California, for re) ubmittal, the applicant shall submit an updated iy a Geotechnical Engineer, licensed by the State aw and approval by the City. .(I) Prior to any Buildi g and Safety Division submittals, a grading/ drainage permit shal 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 or -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 Cit 's review and approval. Measures shall be in place for constructio 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 Pla requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (s) The single-family structure shall meet the 2001 California Codes: Uniform Building Cod , Uniform Plumbing Code, Uniform Mechanical Q& Code, and the 2001 ational 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. (u) The single-family structure is located in "High Fire Zone" and shall meet the following re uirements of that fire zone: (1) All roof coveri g shall be "Fire Retardant, Class A"; the roofs shall be fire sopped 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 '/2 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 f any construction permits, the applicant shall submit construction pl ns to the Los Angeles County Fire Department for review and approv I. (w) Grading plan shall cle rly delineate all finished elevations, drainage, retaining wall location, top of wall, top of footing, and finished grade on both sides of thew II and retaining wall calculations. (x) This approval is vali, (i.e., construction) witl one- (1) year extensioi in writing at least 60 d Commission will cons public hearing in acc Diamond Bar Develop (y) This approval shall not and owner of the propE filed, within fifteen (16) Bar Community and De stating that they are av this approval. Further, permittee pays remaini for two (2) years and shall be exercised n that period or this approval shall expire. A may be approved when submitted to the City ys prior to the expiration date. The Planning fer the extension request at a duly noticed rdance with Chapter 22.72 of the City of gent Code. 10 effective for any purpose until the permittee y involved (if other than the permittee) have ays of this approval, at the City of Diamond :lopment Services Department, their affidavit re and agree to accept all the conditions of Os approval shall not be effective until the I City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit certified copy of this Resolution, by certified mail to Windmill Estate , LLC, owners, and applicant, Richard Gould, at 3480 Torrance Bo levard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 10T' DAY OF MAY, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe McManus, Chairman I, James DeStefano, Planning Commisc ion 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 meet ng of the Planning Commission held on the 10th day of May, 2005, by the following vote AYES: Commissioner: /C Low, Tanaka, Nolan, Tye, Chair/McManus NOES: Commissioner: blone. ABSENT: Commissioner: one. ABSTAIN: Commissioner: None, ATTEST: AJamesStefano, Secretary 11 PLANNING COMMISSION RESOLUTION NO. 2005-21 A RESOLUTION OF TH CITY OF DIAMOND BAR PLANNING COMMISSION APPROVI G DEVELOPMENT REVIEW NO. 2005-17 AND MINOR CONDITIONAL USE PERMIT NO. 2005-09, A REQUEST TO CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH BALCONIES, PORCH, AND FOUR CAR GARAGE TOTALING TO APPROXIMATELY 10,820 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 FOUR FEET. THE PROJECT SITE IS LOCATED AT 3129 WINDMILL DRIVE (LOT 8, TRACT 50314), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Wind have filed an application f Conditional Use Permit No Drive, Diamond Bar, Los A of this )RPsolution. Hereina Review and Minor Condi "Application." ill Estates, LLC, and applicant, Richard Gould, r Development Review No. 2005-17 and Minor . 2005-09, fora property located at 3129W indmill geles County, California, as described in the title fter in this Resolution, the subject Development Tonal Use Permit shall be referred to as the On April 23, 2005, 39 prop site were notified by mail places. On April 29, 2005 rty owners within a 500 -foot radius of the project nd the public notice was posted in three public notification of the public hearing for this project was made in the San Gabr el Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, the project site was posted with a display board on April 28, 2005. On May 10, 2005, the PI conducted and concluded inning Commission of the City of Diamond Bar 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 forth in the Recitals, Part P hereby specifically finds that all of the facts set of this Resolution are true and correct. The Planning Commissio hereby determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Reprt No. 97-1 for Tract No. 50314 according to the California Environmental uality Act of 1970 (CEQA) and guidelines promulgated thereunder, p rsuant to Section 15162(a) of Article 11 of the California Code of Regulati ns. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the propo ed project set forth in the application, there is no evidence before the Planni g Commission that the project proposed herein will have the potential of On 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 a Commission hereby finds a nd conclusions set forth herein, the Planning § follows: a. The project site is Tract 50314), Diam Estates. It is part of approved by the City located at 3129 Windmill Drive (Lot 8 of nd Bar, California adjacent to The Country 15 -lot subdivision with graded buildable pads Council on February 3, 1998. The project site is v rough graded with tw the rear and south According to the trac gross square feet (1. square feet for the fi second (rear) pad. easements for street, Within the rear portio pad is an easement f Also, outside the se vegetation, which is landscape mitigation grading or constructio Therefore, the mitigati be affected. (b) The General Plan la Residential (RR) Maxi Single Family Residen 40,000). (c) Generally, the followin south, east and west i :ant and the lot is rectangular in shape. It is buildable flat pads and sloping down toward side property lines from the second pad. map, the project site is approximately 78,804 1 gross acres) with pad areas of 13,190 gross st (front) pad and 11,624 square feet for the Vithin the front portion of the project site are utilities, access and public services purposes. i of the project site and outside of the second )r slope and drainage maintenance purposes. pond pad and on the rear slope is natural the required re -vegetation pursuant to the plan, approved for Tract Map No. 50314. No n activity will occur outside the first pad area. on landscaping on the slope is not expected to d use designation for project site of Rural mum 1 DU/AC and the zoning designation is ce-Minimum Lot Size 40,000 square feet (R-1 zones surround the project site: to the north, the R-1-40,000. 2 (d) The application is single-family reside balconies, porch a request also include exceed an exposed Permit request is for wider than the maxi DEVELOPMENT REVIEW request for approval to construct a two-story ce of approximately 10,629 square feet including d attached four -car garage. The application a retaining wall within the north side yard not to height of four feet. The Minor Conditional Use approval to construct a driveway (20 feet wide) um 14 feet allowed at the street property line. (e) The design and lay ut of the proposed development are consistent with the General Plan, development standards of the applicable district, design guid lines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned develop ents. The General Plan wa Map No. 50314 wa: project complies with related to maintai neighborhoods and c s adopted on July 25, 1995, and the Final Tract approved on April 18, 2002. The proposed the City's General Plan objectives and strategies ping density, the integrity of residential pen space, and the City's Design Guidelines. The project is consist and the City's Develo proposed project is c design, materials, an and the surroundin community planned c ant with the Tract Map's Development Standards oment Code where applicable. Furthermore, the mpatible with the eclectic architectural style and colors of existing homes within Tract No. 50314 q area. There is no specific or additional evelopment for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 50314 certified by the City neighborhood and th project site is an undo for single-family hom( ;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. Windmill Drive and a and Steeplechase Li private streets are d, residential develops residence will not inte existing or future de' hazards. ;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 fere with the use and enjoyment of neighboring elopment will not create traffic or pedestrian (9) (h) The design of the pro osed development will provide a desirable environment for its o cupants and visiting public, as well as its neighbors, through goo aesthetic use of materials, texture, and color that will remain aesthet tally appealing. compatible b ve Findings, colors, materials, and textures The Wary to the existing homes within the area gn of nd low levels of maintenance. Therefore, architectural "I provide a desirable environment for its development de is the proposed with the characteris ' cs of the surrounding neighborhood and will maintain and enha ce the harmonious, orderly and attractive development contem lated by Chapter 22.48, the General Plan, City Design Guidelines, o any applicable specific plan. Architectural feature such as columns that flank the front entry, window arrangement and style, varying planes on the front, rear and right side (north) elevation, belly band on the left side (south) elevation, roo articulation and balconies create interest and reduce the massive ppearance of the proposed residence. As a result, staff believes t e design of the proposed residence complies with the City's Design Guidelines and is compatible with other homes in the tract and surro nding neighborhood. A variety of building aterials in earth tone colors are proposed as follows: Roof Concrete tile, Eagle - 3118 Terracotta Gold (red) Stucco Merlex; P-141 Bisque (off-white) Stone Colorado, Country Castle - Oatmeal (off-white) Columns/Balustrade/T m Dunn Edwards - SP 846 Swiss Coffee (white) /Doors Wrought Iron Rails Dunn Edwards - SP 63 Travertine dark cream) The proposed materia s and colors were compared with previously approved residences i the vicinity. The combinations of white, cream, dark cream and terr cotta color palette and the Mediterranean architectural style har oniously blend into the overall streetscape. The selected material and colors are consistent and the style is compatible with the e lectic architectural style of other homes in neighboring Tracts 4 487, 47850 and 50314, and The Country Estates. Therefore, th proposed project is consistent with and will maintain and enhan a the harmonious, orderly and attractive development contempl ted by Chapter 22.48, the General Plan, City Design Guidelines. Th re is no applicable specific plan. As referenced in the a b ve Findings, colors, materials, and textures proposed are complim Wary to the existing homes within the area while offering variety nd low levels of maintenance. Therefore, the proposed project "I provide a desirable environment for its 4 occupants and visiti aesthetic use of r G) g public, as well as its neighbors, through good aterials, texture, and color that will remain aesthetically appeal g. Additionally, a Covenant and Agreement is required and runs wit, i h the land to maintain a single-family residence. The proposed projel safety, or welfare o property values or improvements in the Structural plan checi Fire Department ap processes will ensun to the public health, properties or improve Additionally, the terr maintaining the allow structure allows vie Therefore, the propo. with respect to view 1 The proposed proje ;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 wrovals, 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. pin in the vicinity of Windmill Drive is hilly. By 1-d height requirements, the proposed residential w corridors for the neighboring properties. ed residence will not be significantly detrimental 'lockage impact. 0 t has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental e consistent with the pr Report No. 97-1 for T Environmental Quai promulgated thereun the California Code o, necessary. MINOR CONDITIONAL USE PERMIT valuation shows that the proposed project is sviously certified Master Environmental Impact act Map Nos. 50314 according to the California ity Act of 1970 (CEQA) and guidelines er, pursuant to Section 15162(a) of Article 11 of 'Regulation, No further environmental review is d (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 Developm nt Code standards for that zoning district and development stands Is set forth in the approval of Tract Map No. 50314. Pursuant to Developent Code Section 22.30.080(5), driveway widths greater than allowed for a single-family use requires the approval of a Minor o only to provide ace garages. No other p (I) ,onditional Use Permit. Driveways are intended ess to required off-street parking spaces in giving, 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 eet and a maximum width of 14 feet at property line. For this project, the g rage will be located more than 24 feet from the street property line a d a driveway is proposed that also includes a circular configuration with one access point having a width of 20 feet at the street propert line. Wider driveways and circular driveways are not uncommon wi 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 are are wider due to the number of stalls within a garage and Fire De ailment requirements. According to the Fire Department, the prop sed construction must be within 150 feet of a vehicular access driv way that is 20 feet wide. Therefore, the 20 foot wide access at the st eet property line may be required by the Fire Department for its ve icle access for fire fighting purposes. The proposed use i consistent with the General Plan and any applicable specific plan. As stated in Finding Q above, the proposed use is consistent with the General Plan and here is no applicable specific plan. (m) The design, location size and operating characteristics of the proposed use are com atible with the existing and future land uses in the vicinity. As stated in Findings f), (g) and (h), the design, location, size and operating characteristi s of the proposed use are compatible with the existing and future land uses in the vicinity. (n) The subject site is phy ically suitable for the type and density/intensity of use being propos d including access, provision of utilities, compatibility with adjoi ing land uses, and the absence of physical constraints. As stated in Findings (e), (f), (g, (h) and (k), the project site is physically suitable for the type and density/intensity of use being proposed including ac ess, provision of utilities, compatibility with adjoining land uses, an the absence of physical constraints. (o) Granting the Minor the public interest, improvements in th located. (p) Conditional Use Permit will not be detrimental to health, safety, injurious to persons, property, or vicinity and zoning district in which the property is Soils report, Fire D plan check, City per These processes detrimental to the p property, or improve the property is locat partment requirements and approval, structural nits and inspections are required for construction. 'ill ensure that the finished project will not be blic interest, health, safety, injurious to persons, ments in the vicinity and zoning district in which ?d. The proposed prof ct has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental consistent with the 1 Report No. 97-1 for Environmental Qu promulgated thereu the California Code necessary. evaluation shows that the proposed project is reviously certified Master Environmental Impact ract Map Nos. 50314 according to the California lity Act of 1970 (CEQA) and guidelines der, pursuant to Section 15162(a) of Article 11 of f Regulation. No further environmental review is 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby appr ves this Application subject to the following conditions: (a) The project shall si elevations, and m— Exhibit "A" dated Ma Planning Commissio ibstantially conform to site plan, floor plans, 3terials/colors board collectively labeled as y 10, 2005, as submitted and approved by the n, and as amended herein. (b) The subject site sh II be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of th entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste ontractor, who has been authorized by the City to provide collection, ransportation, and disposal of solid waste from residential, commerc al, construction, and industrial areas within the City. It shall be the contractor utilized ha to provide such servi (c) Before construction construction fencing requirements along t ipplicant's obligation to insure that the waste obtained permits from the City of Diamond Bar es. oegins, the applicant shall install temporary ursuant to the Building and Safety Division's e project site's perimeter. The fence shall p remain at the builm equipment or debris until released by the until the Building Of shall be provided du PLANNING Division (d) (e) M Prior to the issuance the City a copy of the the "Buyers' Awaren information within the able pad's edge to ensure no construction of any kind is placed within the vegetated area Planning Division and the balance shall remain Icial approves its removal. Sanitation facilities ing construction. of 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. Prior to the issuance application to the W submit their approval Within 60 days of the submit a landscape/ir The plan shall reflec delineate the type of I: landscape plan shall >f any City permits, the applicant shall make an 31nut Valley Water District as necessary, and to the Planning Division. Certificate of Occupancy, the applicant shall rigation plan for the City's review and approval. t the guidelines set forth by Tract 50314 and planting species, size, quantity and location. The include the driveway detail delineating pattern, color and material. The landscape plan shall show that 50 percent of the front yard area w II be landscaped. Landscaping and irrigation shall be installed withi 1 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. 0) The single-family residence shall not be utilized in a manner that creates adverse effec s upon the neighborhood and environmental setting of the residenti I site to levels of dust, glare/light, noise, odor, traffic, or other disturb nces to the existing residential neighborhood and shall not result in ignificantly adverse effects on public services and resources. The ingle-family residence shall not be used for commercial/institution I purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or hich create traffic and parking problems in the neighborhood. The owner shall comp) to and record a "Covenant and Agreement to Maintain a Single Fam ly Residence" on a form to be provided by the City. The covenant m st be completed and recorded with the Los Angeles County's Rec rder's Office prior to the issuance of a building permit. 8 PUBLIC WORKS Division (k) Prior to plan check submittal, the applicant shall submit an updated geotechnical report y a Geotechnical Engineer, licensed by the State of California, for review and approval by the City. .(I) (m) (n) 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 shall be prepared by a Civil Engineer, licensed in the State of Californi , 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. Applicant shall provide service connections for water, sewer, gas, electric, etc. (o) If applicable, all dr inage/runoff from the development shall be conveyed from the si a to the natural drainage course or the adjacent private street, with t e exception of the drainage to the adjacent private street, no o -site drainage shall be conveyed to adjacent parcels. If required y the Public Works Director, the applicant shall provide a hydrology tudy. (p) Rough and final g ade certifications by project soils and civil engineers shall be s bmitted 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 f any City permits, erosion control plans shall be submitted for the Cit 's review and approval. Measures shall be in place for constructio started after September 15, through April 15. The erosion control pl n shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Ma agement 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 Pla requirements to the satisfaction of the City Engineer. BUILDING AND SAFETY (s) The single-family str cture shall meet the 2001 California Codes: Uniform Building Cod , Uniform Plumbing Code, Uniform Mechanical 9 Code, and the 2001 rational Electrical Code requirements and shall comply with energy conservation requirements of the State of California Energy Commission. (t) Applicant shall sub it drawings and calculations prepared by a licensed architect or engineer with wet stamp and signature. (u) The single-family structure is located in "High Fire Zone" and shall meet the following re (1) (2) (3) (4) m 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; I under -floor areas shall be constructed as All roof coverir shall be fire si flame or memb All unenclose: exterior walls; All openings in shall be cover: than '/4 inch nc 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 where such op nings are equipped with sash or door; Chimneys shall have spark arresters of maximum '/3 inch screen. (v) Prior to the issuance c submit construction pl; for review and approv f any construction permits, the applicant shall ins to the Los Angeles County Fire Department al. (w) Grading plan shall cle< retaining wall location, on both sides of the w rly delineate all finished elevations, drainage, top of wall, top of footing, and finished grade ill and retaining wall calculations. (x) This approval is valid for two (2) years and shall be exercised (i.e., construction) within that period or this approval shall expire. A one- (1) year extension in writing at least 60 d— Commission will consi public hearing in acc Diamond Bar Developr (Y) may be approved when submitted to the City ys prior to the expiration date. The Planning er the extension request at a duly noticed rdance with Chapter 22.72 of the City of lent Code. This approval 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 (15) days of this approval, at the City of Diamond Bar Community and De elopment Services Department, their affidavit stating that they are aare and agree to accept all the conditions of this approval. Further, his approval shall not be effective until the permittee pays remaining City processing fees. 10 The Planning Commission shall: (a) Certify to the adopt ion of this Resolution; and Forthwith transmit certified copy of this Resolution, by certified mail (b) to Windmill Estate LLC, owners, and applicant, Richard Gould, at 3480 Torrance Bo levard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 1p'- DAY OF MAY, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I, James DeStefano, Planning Commis ion Secretary, do hereby certify that the foregoing Resolution was duly introduced, passe c', and adopted by the Planning Commission of the City of Diamond Bar, at a regular meet ng of the Planning Commission held on the 10th day of May, 2005, by the following vote AYES: Commissioner: /c Low, Tanaka, Nolan, Tye, Chair/McManus NOES: Commissioner: one. ABSENT: Commissioner: one. ABSTAIN: Commissioner: one. 11