HomeMy WebLinkAboutPC 2005-34PLANNING COMMISSION
RESOLUTION NO. 2005-34
A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-28 AND
MINOR CONDITIONAL USE PERMIT NO. 2005-13, A REQUEST TO
CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH
BALCONIES, PORCH, AND FOUR CAR GARAGE TOTALING
APPROXIMATELY 12,400 SQUARE FEET AND A DRIVEWAY WITH AN
ACCESS POINT OF 33 FEET WIDE AT THE STREET PROPERTY LINE.
THE REQUEST ALSO INCLUDES A RETAINING WALL WITHIN REAR
OF THE EXISTING PAD NOT TO EXCEED AN EXPOSED HEIGHT OF
SEVEN FEET. THE PROJECT SITE IS LOCATED AT 2855 OAK KNOLL
DRIVE (LOT 14, TRACT 48487), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould,
have filed an application for Development Review No. 2005-28 and Minor
Conditional Use Permit No. 2005-13 for a property located at 2855 Oak Knoll
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 September 13, 2005, public notices were mailed to 72 property owners
within a 500 -foot radius of the project site. On September 15, 2005, the
public notice was posted in three public places and the project site was
posted with a public notice display board. On September 16, 2005,
notification of the public hearing forthis project was made in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On September 27, 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. 48487 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 2855 Oak Knoll Drive (Lot 14 of
Tract 48487), 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 October 20, 1995.
b. The project site is a vacant irregular shaped lot. It is rough graded
with a flat pad in the front half of the lot while the rear half slopes
down from the rear property line to the rear edge of pad. According to
the parcel map, the project site is approximately 2.10 gross acres
(91,539 gross square feet) with a graded pad area of 0.42 acres
(18,449 square feet). There are easements for slope and drainage
maintenance within the rear portion and easements for street, utilities
and storm drain purposes within the front portion of the project site.
Outside the pad and on the rear slope is natural vegetation, which is
the required re -vegetation landscape mitigation plan, approved for
Tract Map No. 48487.
(c) The General Plan land use designation for project site is Rural
Residential (RR) Maximum 1 DU/AC and zoning designation is Single
Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000).
(d) Generally, the following zones surround the project site: to the north,
south, east and west is the R-1-20,000.
(e) The application is a request for approval to construct a two-story
single-family residence of approximately 12,400 square feet including
balconies, porch and attached four -car garage. The application
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request also includes a retaining wall in the rear yard not to exceed an
exposed height of seven feet. The Minor Conditional Use Permit
request is for approval to construct a driveway (33 feet wide) wider
than the maximum 14 feet allowed at the street property line.
DEVELOPMENT REVIEW
(f) 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.
Originally, Tract Map No. 48487 was an approved Vesting Tentative
Tract Map in June 1992. At that time, the City was operating under
draft General Plan. The General Plan was adopted on July 25, 1995
and the Final Tract Map No. 48487 was approved on October 20,
1995. However Vesting Tentative Tract Map No. 48487 was
designed at 25 percent below the maximum allowable density and
has an overall average density of 1.33 dwelling units per acre which
complies with the land use designation of Rural Residential (Maximum
1 DU/AC) identified in the adopted General Plan objectives and
strategies related to maintaining the integrity of residential
neighborhoods and open space, 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. 48487
and the surrounding area. There is no specific or additional
community planned development for the site.
(g) 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. 48487s Master Environmental Impact Report No. 97-1,
certified by the City, addresses the design and layout of the
neighborhood and the flow of pedestrian and vehicular traffic. The
project site is an undeveloped lot within an approved tract designed
for single-family homes.
Oak Knoll Drive and access roads in the vicinity, Wagon Train Lane
and Steeplechase Lane, adequately serve the project site. These
private streets are designed to handle minimum traffic created by
residential development. Therefore, the use of a single-family
residence will not interfere with the use and enjoyment of neighboring
3
existing or future development will not create traffic or pedestrian
hazards.
(h) 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 architectural style, as described by the applicant, is
Mediterranean. Architectural features include front entry with quoins
as an accent, window arrangement and style, balconies roof
articulation and varying planes at each elevation.
A variety of building materials in earth tone colors are proposed as
follows:
Roof
Ea !e - Mission Santa Cruz — SMC 8402 red blend
Stucco
Merlex — Taupe P-86 bei a%ream
Trim, Fascia & Balusters
Dunn Edwards — Swiss Coffee — SP 836 white
Exterior Door
Dunn Edwards — Ash Grey -- SP 40 re
The proposed architectural style, colors and materials are compatible
with other homes in the tract and harmoniously blend into the overall
streetscape. Also, the proposed residence is consistent in size with
other homes surrounding the project site as well as within `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.
(i) 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
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.
(j) 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.
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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 Oak Knoll 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.
(k) 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. 48487, 47850 and 47851
according to the California Environmental QualityAct of 1970 (CEQA)
and guidelines promulgated there under, pursuant to Section
15162(x) of Article 11 of the California Code of Regulation. No further
environmental review is necessary.
MINOR CONDITIONAL USE PERMIT
(1) 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) 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. 48487.
In accordance 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
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.
For this project, the garage will be setback more than 24 feet and the
proposed driveway is approximately 33 feet wide at the street
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property line, which exceeds the maximum standard of 14 feet.
Therefore, a Minor Conditional Use Permit approval is required.
Wider and circular driveways are not uncommon within this gated
community because the lots are wider and can accommodate this
type of driveway and garages are larger. Additionally, the fire
department requires that the proposed construction must be within
150 feet of a vehicular access driveway that is minimum 20 feet wide
for fire fighting equipment.
(m} The proposed use is consistent with the General Plan and any
applicable specific pian;
As stated in Finding (0 above, the proposed use is consistent with the
General Plan and there is not applicable specific plan.
(n) 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;
(o) The subject site is physically suitable for the type and densitylintensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
As stated in Findings (0, (g, (h) ij) and (k), the project site is
physically suitable for the type and density/intensify of use being
proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
(p) 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
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
(q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
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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. 48487, 47850 and 47851
according to the California Environmental QualityAct of 1970 (CEQA)
and guidelines promulgated thereunder, pursuant to Section 15162(x)
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 September 27, 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.
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.
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(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 landscapelirrigation plan for the City's review and approval.
The plan shall reflect the guidelines set forth by Tract 48487 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 33 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, glarellight, 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 orwhich 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 priorto the issuance of a building
permit.
PUBLIC WORKS Division
(k) Prior to plan check submittal to the Building and Safety Division, the
applicant shall submit an updated geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, for review
and approval by the City.
(1) 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. The
Drainage Plan shall show the location of the retaining wall and
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elevations of the top of wall/footing and finished grade on both sides
of the retaining wall. Additionally, surface water shall drain awayfrom
the building at a 2% minimum slope.
(m) Applicant shall provide service connections for water, sewer, gas,
electric, etc.
(n) 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.
(o) 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.
(p) 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.
(q) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
{r) Finished slope shall conform to City Code Section22.22.080 —
Grading.
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.
(u) The single-family structure is located in "High Hazard Fire Zone" and
shall meet the following requirements of that fire zone:
9
(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 and retaining wall calculations.
(x) Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval.
(y) This approval is valid for two (2) years and shall be exercised
(i.e., construction) within that period or this approval shall expire. A
one- (1) year extension may be approved when submitted to the City
in writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(z) This approval 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 this 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 approval. Further, this approval 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
2632 W. 237th Street, #201, Torrance, CA 90505.
10
APPROVED AND ADOPTED THIS 27TH DAY OF SEPTEMBER, 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Joe c anus,Cha nirma
I, Nancoong, Acting Secretary to the Planning Commission, 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 27th day of September, 2005, by the following vote:
AYES: Commissioners: Torng, Nolan, Lee, VC/Low, Chair/McManus
NOES:
Commissioners: None.
ABSENT:
Commissioners: None.
ABSTAIN:
Commissioners: None.
i
ATTEST:
41
Nancy Fong, cti g Sec tary
11
PLANNING COMMISSION
RESOLUTION NO. 2005-34
A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING
COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-28 AND
MINOR CONDITIONAL USE PERMIT NO. 2005-13, A REQUEST TO
CONSTRUCT A TWO-STORY SINGLE-FAMILY RESIDENCE WITH
BALCONIES, PORCH, AND FOUR CAR GARAGE TOTALING
APPROXIMATELY 12,400 SQUARE FEET AND A DRIVEWAY WITH AN
ACCESS POINT OF 33 FEET WIDE AT THE STREET PROPERTY LINE.
THE REQUEST ALSO INCLUDES A RETAINING WALL WITHIN REAR
OF THE EXISTING PAD NOT TO EXCEED AN EXPOSED HEIGHT OF
SEVEN FEET. THE PROJECT SITE IS LOCATED AT 2855 OAK KNOLL
DRIVE (LOT 14, TRACT 48487), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1 The property owner, Windmill Estates, LLC, and applicant, Richard Gould,
have filed an application for Development Review No. 2005-28 and Minor
Conditional Use Permit No. 2005-13 for a property located at 2855 Oak Knoll
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 September 13, 2005, public notices were mailed to 72 property owners
within a 500 -foot radius of the project site. On September 15, 2005, the
public notice was posted in three public places and the project site was
posted with a public notice display board. On September 16, 2005,
notification of the public hearing for this project was made in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers.
3. On September 27, 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. 48487 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.
Based upon the findings and conclusions set forth herein, the Planning
Commission hereby finds as follows:
a. The project site is located at 2855 Oak Knoll Drive (Lot 14 of
Tract 48487), 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 October 20, 1995.
b. The project site is a vacant irregular shaped lot. It is rough graded
with a flat pad in the front half of the lot while the rear half slopes
down from the rear property line to the rear edge of pad. According to
the parcel map, the project site is approximately 2.10 gross acres
(91,539 gross square feet) with a graded pad area of 0.42 acres
(18,449 square feet). There are easements for slope and drainage
maintenance within the rear portion and easements for street, utilities
and storm drain purposes within the front portion of the project site.
Outside the pad and on the rear slope is natural vegetation, which is
the required re -vegetation landscape mitigation plan, approved for
Tract Map No. 48487.
(c) The General Plan land use designation for project site is Rural
Residential (RR) Maximum 1 DU/AC and zoning designation is Single
Family Residence -Minimum Lot Size 20,000 square feet (R-1 -20,000).
(d) Generally, the following zones surround the project site: to the north,
south, east and west is the R-1-20,000.
(e) The application is a request for approval to construct a two-story
single-family residence of approximately 12,400 square feet including
balconies, porch and attached four -car garage. The application
2
request also includes a retaining wall in the rear yard not to exceed an
exposed height of seven feet. The Minor Conditional Use Permit
request is for approval to construct a driveway (33 feet wide) wider
than the maximum 14 feet allowed at the street property line.
DEVELOPMENT REVIEW
M
(9)
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.
Originally, Tract Map No. 48487 was an approved Vesting Tentative
Tract Map in June 1992. At that time, the City was operating under a
draft General Plan. The General Plan was adopted on July 25, 1995
and the Final Tract Map No. 48487 was approved on October 20,
1995. However Vesting Tentative Tract Map No. 48487 was
designed at 25 percent below the maximum allowable density and
has an overall average density of 1.33 dwelling units per acre which
complies with the land use designation of Rural Residential (Maximum
1 DU/AC) identified in the adopted General Plan objectives and
strategies related to maintaining the integrity of residential
neighborhoods and open space, 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. 48487
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 will not create traffic or pedestrian hazards.
Tract Map No. 48487s Master Environmental Impact Report No. 97-1,
certified by the City, addresses the design and layout of the
neighborhood and the flow of pedestrian and vehicular traffic. The
project site is an undeveloped lot within an approved tract designed
for single-family homes.
Oak Knoll Drive and access roads in the vicinity, Wagon Train Lane
and Steeplechase Lane, adequately serve the project site. These
private streets are designed to handle minimum traffic created by
residential development. Therefore, the use of a single-family
residence will not interfere with the use and enjoyment of neighboring
3
existing or future development will not create traffic or pedestrian
hazards.
(h) 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 architectural style, as described by the applicant, is
Mediterranean. Architectural features include front entry with quoins
as an accent, window arrangement and style, balconies roof
articulation and varying planes at each elevation.
A variety of building materials in earth tone colors are proposed as
follows:
(i)
G)
Roof Eagle - Mission Santa Cruz- SMC 8402 (red blend)
Stucco Merlex - Taupe P-86 (beige/cream))
Trim, Fascia & Balusters Dunn Edwards - Swiss Coffee - SP 836 (white)
Exterior Door Dunn Edwards -Ash Gre - SP 40 (grey)
The proposed architectural style, colors and materials are compatible
with other homes in the tract and harmoniously blend into the overall
streetscape. Also, the proposed residence is consistent in size with
other homes surrounding the project site as well as within '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.
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
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.
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.
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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 Oak Knoll 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.
(k) 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. 48487, 47850 and 47851
according to the California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated there under, pursuant to Section
15162(a) of Article 11 of the California Code of Regulation. No further
environmental review is necessary.
MINOR CONDITIONAL USE PERMIT
(1)
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) 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. 48487.
In accordance 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
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.
For this project, the garage will be setback more than 24 feet and the
proposed driveway is approximately 33 feet wide at the street
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property line, which exceeds the maximum standard of 14 feet.
Therefore, a Minor Conditional Use Permit approval is required.
Wider and circular driveways are not uncommon within this gated
community because the lots are wider and can accommodate this
type of driveway and garages are larger. Additionally, the fire
department requires that the proposed construction must be within
150 feet of a vehicular access driveway that is minimum 20 feet wide
for fire fighting equipment.
(m)
The proposed use is consistent with the General Plan and any
applicable specific plan;
As stated in Finding (f) above, the proposed use is consistent with the
General Plan and there is not applicable specific plan.
(n) 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 (t), (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;
(o) The subject 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;
(p)
(q)
As stated in Findings (f), (g, (h) Q) 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;
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
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
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
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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. 48487, 47850 and 47851
according to the California Environmental QualityAct 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 September 27, 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.
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.
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(e)
(f)
(g)
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.
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 48487 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 33 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 to the Building and Safety Division, the
applicant shall submit an updated geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, for review
and approval by the City.
(1)
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. The
Drainage Plan shall show the location of the retaining wall and
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elevations of the top of wall/footing and finished grade on both sides
of the retaining wall. Additionally, surface water shall drain away from
the building at a 2% minimum slope.
(m)
Applicant shall provide service connections for water, sewer, gas,
electric, etc.
(n) 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.
(o) 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.
(p) 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.
(q) If applicable, the applicant shall comply with Standard Urban Storm
Water Mitigation Plan requirements to the satisfaction of the City
Engineer.
(r) Finished slope shall conform to City Code Section22.22.080 -
Grading.
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.
(u) The single-family structure is located in "High Hazard Fire Zone" and
shall meet the following requirements of that fire zone:
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(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 Y4 inch nor more than 1/2 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 and retaining wall calculations.
(x) Prior to the issuance of any City permits retaining wall calculations
shall be submitted to the Building and Safety Division for review and
approval.
(y) This approval is valid for two (2) years and shall be exercised
(i.e., construction) within that period or this approval shall expire. A
one- (1) year extension may be approved when submitted to the City
in writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(z) This approval 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 this 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 approval. Further, this approval 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
2632 W. 237'h Street, #201, Torrance, CA 90505.
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APPROVED AND ADOPTED THIS 27T DAY OF SEPTEMBER, 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: C— f C ""(1 c4t
Joe Manus, Chairman
I, Nancong, Acting Secretary to the Planning Commission, 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 27th day of September, 2005, by the following vote:
AYES: Commissioners: Torng, Nolan, Lee, VC/Low, Chair/McManus
NOES: Commissioners: None.
ABSENT: Commissioners: None.
ABSTAIN: Commissioners: None.
ATTEST:
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