HomeMy WebLinkAboutPC 2017-03PLANNING COMMISSION
RESOLUTION NO. 2017-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, RECOMMENDING APPROVAL OF MITIGATED NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP NO. 72035 FOR THE SUBDIVISION OF AN EXISTING
4.2 ACRE LOT INTO THREE LOTS FOR THE FUTURE DEVELOPMENT OF NEW
SINGLE-FAMILY RESIDENCES ON THE TWO NEWLY CREATED LOTS LOCATED AT
22702 TIMBERTOP LANE, DIAMOND BAR, CALIFORNIA (APN 8713-028-012).
A. RECITALS
1. The property owner, USA Rongchen Development, Inc., and applicant, Tritech
Associates, Inc., have filed an application for, Tentative Parcel Map
No. PL201.6-01 to subdivide an existing lot into three separate lots for the
development of a single-family residence on each lot located at
22702 Timbertop Lane. Hereinafter in this resolution, the subject Tentative
Parcel Map shall be collectively referred to as the "Project."
2. The subject property is made up of one parcel totaling 183,203 gross square
feet (4.2 acres). It is located in the Rural Residential (RR) zone with an
underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Lot . 130 of Tract No. 30578. The
Assessor's Parcel Number is 8713-028-012.
4. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 3, 2017. Public hearing notices were mailed to property owners within
a 1,000 -foot radius of the project site and public notices were posted at the
City's designated community posting sites. In addition to the published and
mailed notices, the project site was posted with a display board and the notice
was posted at three other locations within the project vicinity;
5. On February 14, 2017, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date; and
6. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the City of
Diamond Bar, Community Development Department, Planning Division,
21810 Copley Drive, Diamond Bar, CA 91765.
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-, and
2. In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15070, the City prepared and filed an Initial Study and Notice
of Intent to Adopt Mitigated Negative Declaration for the project on January 25,
2017, with the Los Angeles County Clerk. Pursuant to CEQA Section 15105,
the public review period for the Mitigated Negative Declaration began
January 25, 2017, and ended February 13, 2017.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 21.20, this Planning Commission
hereby recommends that the City Council make the following findings:
1. The Planning Commission hereby specifically finds and, determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there is no evidence
before this Planning Commission that the project proposed herein will have the
potential of an adverse effect on wild life resources or the habitat upon which
the wildlife depends. Based upon substantial evidence, this Planning
Commission hereby rebuts the presumption of adverse effects contained in
Section 753.5(d) of Title 14 of the California Code of Regulations;
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of
the City's Subdivision Ordinance, the Planning Commission recommends that
the City Council make the following findings:
a. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the general plan and any applicable
specific plan;
The proposed project involves the subdivision of an existing 183,203
square -foot (4.2 gross acre) gross lot into three lots to accommodate the
existing residence, and two vacant parcels for the future development of
new single-family residences. Proposed Parcel I is 64,297 square feet
(1.47 acres), proposed Parcel 2 is 65,326 square feet (1.5 acres) and
proposed Parcel 3 is 53,580 square feet (1.23 acres). The property is
zoned Rural Residential (RR), and the underlying General Plan land use
designation is also named Rural Residential. The development of a
single-family residence on Parcels 2 and 3 will be processed through a
Development Review application for compliance with the City's General
Plan, City Design Guidelines and development standards. The project
will provide additional homeownership opportunities of single-family
housing that will be compatible with the surrounding development.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
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b. The site is physically suitable for the type and proposed density of
development;
The proposed subdivision will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of each lot
is for a single-family home and the surrounding uses are also single-
family homes. The maximum allowed density for the Rural Residential
general plan land use designation and zoning district is one dwelling unit
per gross acre (I DU/Acre). Therefore, with a 4.2 acre lot, the proposed
project is in compliance with the City's General Plan with regards to
density. Also, the proposed location of the building pads and footprints
are in compliance with the development standards.
C. The design of the subdivision or the proposed improvements will not
cause substantial environmental damage or injure fish or wildlife or their
habitat;
An initial study was prepared and it was determined that the proposed
project qualifies for a Mitigated Negative Declaration. With the proposed
mitigation measures, the project will not have a significant effect on the
environment. In accordance to the provisions of Section 15070 of the
CEQA guidelines, the City prepared and filed a Notice of Availability and
Intent to Adopt a Mitigated Negative Declaration for the project on
January 25, 2017, with the Los Angeles County Clerk. Pursuant to
CEQA Section 15015, the public review period for the Mitigated Negative
Declaration began January 25, 2017, and ended February 13, 2017.
d. The design of the subdivision or type of improvements will not cause
serious public health or safety problems;
The grading will be constructed, operated, and maintained in accordance
with the recommendations contained in the preliminary geotechnical
investigation to assure that geotechnical stability is maintained or
increased Detailed drainage and hydrology studies will be completed,
including the potential for debris flows, and the proposed conditions of
approval will likely prevent any significant increases in erosion and flood
hazards.
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution, and the
Building and Safety Division and Public Works Departments, and Los
Angeles County Fire Department requirements. Through the permit and
inspection process, the referenced agencies will ensure that the
proposed project is not detrimental to the public health, safety or welfare
or materially injurious to the properties or improvements in the vicinity.
e. The design of the subdivision or type of improvements will not conflict
with easements, acquired by the public at large for access through or
use of, property within the proposed subdivision.
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Proposed Parcel I has an existing shared driveway with the adjacent
property located at 22710 Timbertop Lane. Ingress and egress rights to
and from the easement(s) for Parcel I will be maintained. The proposed
subdivision will not conflict with this shared access.
The proposed subdivision will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family residence because the proposed parcels will comply with the
requirements for driveway widths for each lot
f. The discharge of sewage from the proposed subdivision into the
community sewer system would not result in violation of existing
requirements prescribed by the California Regional Water Quality Control
Board;
The proposed subdivision will not violate any requirement of the
California Regional Water Quality Control Board. Per the sewer system
analysis submitted by Tritech Engineering Associates dated August 18,
2016, there will be no adverse effect on the existing public sewer system.
The project will be connecting to the existing public sewer system which
is in compliance with the California Regional Water Quality Control
Board.
9. A preliminary soils report or geologic hazard report does not indicate
adverse soil or geologic conditions; and I
The grading will be constructed, operated, and maintained in accordance
with the recommendations contained in the preliminary geotechnical
investigation to assure that geotechnical stability is maintained or
increased.
h. The proposed subdivision is consistent with all applicable provisions of
the City's Subdivision Ordinance, the Development Code, and the
Subdivision Map Act.
The proposed subdivision is consistent with the City's Subdivision
Ordinance, Subdivision Map Act, and applicable Development Code. In
addition, the development of the new single-family residences on each
lot will be processed through a Development Review application for
compliance with the City's development standards.
2. Based on the findings and conclusions set forth herein, the Planning
Commission hereby recommends that the City Council approve Tentative
Parcel Map No. 72035, subject to the following conditions and the attached
Standard Conditions of Approval:
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PC Resolution No.2017-03
a. GENERAL
1 The approval of Tentative Parcel Map No. PL 2016-01 expires
within three years from the date of approval if the use has not
been exercised as defined per Diamond Bar Municipal Code
Section (DBMC) 21.20.140. The applicant may request in writing
for a three year time extension if submitted to the City no less than
60 days prior to the approval's expiration date, subject to
DBMC 21.20.150 for City Council approval;
2. Within five days of this approval, the subdivider/applicant shall pay
to the City, the Department of Fish and Wildlife fee pursuant to
Section 711.4 of the Fish and Game Code;
3. Th . e applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Los Angeles County Fire Department;
4. This approval shall not be effective for any purpose until the
applicant and owner of the property involved have filed, -within
twenty-one (21) days of approval of this Tentative Parcel Map
No. PL 2016-01, at the City of Diamond Bar Community
Development Department, their affidavit stating that they are
aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicant pay
the remaining City processing fees, school fees and fees for the
review of submitted reports;
5. The development of new single-family residences on each lot
shall be submitted for review and approval of a Development
Review application and shall comply with the City's Development
Code;
6. Prior to any use of the project site being commenced thereon, all
conditions of approval shall be completed;
7. The project site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or other
applicable regulations; and
8. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
b. TENTATIVE- PARCEL MAP CONDITIONS
1. Approval of the Tentative Parcel Map is for subdivision of land
only. No land use or development entitlements are expressed or
implied;
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2. The development shall provide parcels, easements or rights-of-
way for private streets, water supply and distribution systems,
sewage disposal systems, storm drainage facilities, solid waste
disposal and public utilities providing electric, gas, and
telecommunications services;
3. All utilities shall be installed underground in compliance with
DBIVIC Section 21.30.110;
4. The development shall carry out the specific requirements of
Chapter. 21.30 (Subdivision Design and Improvement
Requirements) and Chapter 21.34 (Improvement Plans and
Agreements) of the Subdivision Ordinance;
5. The design of the subdivision shall provide, to the extent feasible,
for future passive or natural heating or cooling opportunities in the
subdivisions; in compliance with Subdivision Map Act
Section 66473.1;
6. Prior to final parcel map approval, the subdivider shall pay a
parkland dedication in lieu fee for park and recreational purposes
in the amount of $47,675.00, which equals the parkland obligation
derived from the formula in DBIVIC Section 21.32.040(C) times the
average per -acre fait market value for the appropriate park
planning area. For the purposes of determining the required fee,
the term "fair market value" shall mean the market value of the
land as determined by the City staff, and approved by the
Commission or Council, prior to or at tentative map approval. If
the subdivider objects to the valuation, the subdivider, at his/her
expense, may obtain an appraisal of the property by a qualified
real estate appraiser approved by the City whose appraisal may
be accepted by the City if found reasonable. Fair market value
may be determined by mutual agreement of the City and
subdivider; however, decisions of the City as to fair market value
shall be final and conclusive. Any fees collected shall be
committed within five years after payment, or issuance of building
permits on one-half of the lots created by the subdivision,
whichever occurs later. If the fees are not committed, they shall
be distributed and paid to the then record owners of the
subdivision in the same proportion that the size of their lot bears
to the total area of all lots within the subdivision;
7. Approval of Tentative Parcel Map No. 72035 shall not be
interpreted as repealing, abrogating, or annulling any private
easement, covenant, or dual restriction imposed on the subject
property.
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PC Resolution No.2017-03
7. The subdivider shall install any improvements necessary to fulfill
the conditions of approval. Improvement shall be defined as any
infrastructure including streets, storm drains, sewers and the like
in accordance to DBMC Section 21.34.020 thru 21.34.030; and
8. The construction of the single-family residences on Parcels 2 and
3 shall not occur simultaneously.
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:
USA Rongchen Development Inc., 21614 Fairwind Lane, Diamond Bar, CA
91765, and Tritech Associates, Inc, 135 N. San Gabriel Blvd., San Gabriel, CA
91775.
APPROVED AND ADOPTED THIS 14TH DAY OF FEBRUARY 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: jj
—
n
if ifeA I hIke, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 14th day of February, 2017, by the following vote:
AYES: Commissioners: BARLAs, FAmco, m0K
NOES: Commissioners: VC/WOLFE, CHAIR/MAULKE
ABSENT: Commissioners: NONE
ABSTAIN: Commissioners: NONE
ATTEST:
Greg Gubman, AICP, Secretary
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TPM No. 72035 PL2016-01
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COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
PROJECT #: Tentative Parcel Map No. PL 2016-01
SUBJECT: To subdivide an existing 183,203 square -foot (4.2 acres) gross lot
into three separate lots for the development of a single-family
residence on each lot.
PROPERTY USA Rongchen Development, Inc.
OWNER(S): 21614 Fairwind Lane
Diamond Bar, CA 91765
APPLICANT: Tritech Associates, Inc.
135 N. San Gabriel Blvd.
San Gabriel, CA 91775
LOCATION: 22702 Timbertop Lane, Diamond Bar, CA 91765
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 In accordance with Government Code Section 66474.9(b)(1), the applicant shall
defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of Tentative Parcel Map No. PL 2016-01 brought within the
time period provided by Government Code Section 66499.37 or any claim,
action or proceeding alleging subdivision of the property is prohibited by
contract, Covenants, Conditions, and Restrictions, or similar instruments. In the
event the city and/or its officers, agents and employees are made a party of any
such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
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PC Resolution No.2017-03
(b) , Applicant shall promptly pay any final judgment rendered against the City
defendants. The City. shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. The subdivider/applicant shall remove the public hearing notice board within
three days of this project's approval.
3. Approval of this request shall not waive compliance with all sections of the
Development Code, all applicable City Ordinances, and any applicable Specific
Plan in effect at the time of grading and building permit issuance.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department) at the established
rates, prior to issuance of building or grading permit (whichever comes first), as
required by the City. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to issuance of grading or building
permit, whichever comes first.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020;
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Los Angeles County Fire Department approval will be required.
2. The garages of the new residences shall be oriented for adequate back-up
clearance as required by Public Works.
3. The project lies in a fire zone. Landscape and house design will require fuel
modification and fire zone measures be implemented.
4. Parcel 1 shall be maintained with erosion control and maintenance of the
existing property, including the pool.
5. Design of structures and grading shall be in conformance with geotechnical
reports for the property including those by Cal Land Engineering, Inc.
6. All existing parcels shall be maintained free and clear of any trash and debris.
7. All structures shall maintain slope setbacks per CBC Figure 1805.3.1.
8. All work shall be in conformance to the current adopted California Building
Code series based on the date of filing for the plan check application.
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PC Resolution No.2017-03
F-3 0 0 0 reN IE A -f M-1
1 A title report/guarantee showing all fee owners, interest holders, and nature of
interest shall be submitted for final map plan check. An updated title
report/guarantee and subdivision guarantee shall be submitted ten (10)
business days prior to final map approval.
2. A permit from the Los Angeles County Public Works Department shall be
required for connection to its facilities.
3. Prior to final map approval, written certification that all utility services and any
other service related to the site shall be available to serve the proposed project
and shall be submitted to the City. Such letters shall be issued by the
respective utility company, within ninety (90) days prior to final map approval.
4. Prior to final map approval, applicant shall submit to the City Engineer the detail
cost estimates for bonding purposes of all public improvements.
5. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
6. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
7. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
8. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall not
be given until the copy of the recorded map is received by the Public
Works/Engineering Department.
9. All activities/improvements for the proposed Tentative Parcel Map shall be
wholly contained within the boundaries of the map. Should any off-site
activities/improvements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer.
1. Applications for the grading/development of the newly created lots shall be
submitted to the Public Works/Engineering Department for review and approval.
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PC Resolution No.2017-03
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. A title report/guarantee showing all fee owners, interest holders, and nature of
interest shall be submitted for final map plan check. An updated title
report/guarantee and subdivision guarantee shall be submitted ten (10)
business days prior to final map approval.
2. A permit from the Los Angeles- County Public Works Department shall be
required for connection to its facilities.
3. Prior to final map approval, written certification that all utility services and any
other service related to the site shall be available to serve the proposed project
and shall be submitted to the City. Such letters shall be issued by the
respective utility company, within ninety (90) days prior to final map approval.
4. Prior to final map approval, applicant shall submit to the City Engineer the detail
cost estimates for bonding purposes of all public improvements.
5. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
6. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
7. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
8. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall not
be given until the copy of the recorded map is received by the Public
Works/Engineering Department.
9. All activities/improvements for the proposed Tentative Parcel Map shall be
wholly contained within the boundaries of the map. Should any off-site
activities/improvements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer.
1. Applications for the grading/development of the newly created lots shall be
submitted to the Public Works/Engineering Department for review and approval.
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C
All pertinent improvement plans shall be approved by the City Engineer
accordingly and other applicable City Departments as determined necessary.
2. Grading plans for each lot shall be submitted to the Community Development
Department/Planning Division for review and approval prior to issuance of
grading and building permits.
3. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
4. The maximum grade of driveways serving building pad areas shall be 20
percent. In hillside areas driveway grades exceeding 10 percent shall have
parking landings with a minimum 16 feet deep and shall not exceed five (5)
percent grade or as required by the City Engineer. Driveways with a slope of 15
percent or greater shall incorporate grooves for traction into the construction as
required by the City Engineer.
5. Final grading plans shall be designed in compliance with the recommendations
of the final detailed soils and engineering geology reports. All remedial
earthwork specified in the final report shall be incorporated into the grading
plans. Final grading plans shall be signed and stamped by a California
registered Civil Engineer, registered Geotechnical Engineer and registered
Engineering Geologist and approved by the City Engineer.
1 Cross lot drainage easements, if applicable, shall be identified on the final map.
Cross lot drainage will not be permitted unless that is the natural drainage
course.
D. UTILITIES
1 Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
2. Prior to recordation of final map, applicant shall provide separate underground
utility services to each parcel per Section 21.30 of Title 21 of the City Code;
including sewer laterals, water, gas, electric power in accordance with the
respective utility company standards. Easements required by the utility
companies shall be approved by the City Engineer.
3. Underground utilities shall not be constructed within five feet of the drip line of
any mature tree except as approved by a registered arborist.
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PC Resolution No.2017-03
E. SEWERS
1 The sanitary sewer system serving the parcels shall be connected to the Los
Angeles County maintained sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, County Sanitation District and
Los Angeles County Public Works and surety shall be provided and an
agreement executed prior to approval of the final map.
2. Applicant shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
3. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works Division
and County Sanitation District Standards prior to Final Map Approval. If said
improvements are not completed prior to final map approval, a subdivision
agr6ement shall be executed by the applicant and security posted ensuring the
completion of improvements.
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