Loading...
HomeMy WebLinkAboutRES 2001-49L- RESOLUTION NO. 2001- 49 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP NO. 26235 AND ENVIRONMENTAL EXEMPTION SET FORTH HEREIN FOR A 3 -LOT SUBDIVISION LOCATED ON THE SOUTHWESTERLY SIDE OF OAK KNOLL DRIVE IN THE CITY OF DIAMOND BAR. A. RECITALS (i) WHEREAS, the property owner, C & A Developers and the applicant, Diamond Bar East Partners, have filed Tentative Parcel Map No. 26235 to subdivide two parcels of land totaling 5.5 -acres into three (3) lots for the eventual development of three custom single-family homes. The project site, is located on the southwesterly side of Oak Knoll Drive at its terminus in Diamond Bar, California; and (ii) WHEREAS,, the Planning Commission held a duly noticed public hearing regarding the proposed subdivision and adopted its Resolution No. 2001-26, recommending that the City Council conditionally approve the proposed project; and (iii) WHEREAS, notification of a public hearing before the City Council has been made in accordance with the provisions of the City's Development Code; and (iv) WHEREAS, on August 21, 2001, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on TPM No. 26235. The public hearing was opened and comments were received. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: B. RESOLUTION Section 1 The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2 The environmental evaluation demonstrates that the proposed project is within the scope of the previously certified Master Environmental Impact Report No. 91-2 for Tract No. 48487. Pursuant to Section 15162(a) of Article 11 of the California Code of Regulations, no further environmental review is necessary because the proposed project is considered a minor land 'division and the potential impacts of this project have been previously evaluated in the Master EIR. The circumstances and impacts evaluated in MEIR No. 91-2 have not changed. No new information has been made available that would have a bearing on the findings, conclusions and mitigation measures included in the previously considered EIR. The mitigation 2001--49 measures set forth in the MEIR are included as conditions of approval of this proposed project. " i't' I'71'6 Section 3 The City Council declares that the information contained in the staff report, the Planning Commission Resolution No. 2001-26 and testimony given at the public hearing are incorporated in this resolution and comprise the basis upon which the following findings have been made: (a) The proposed project relates to two partially graded parcels that are vacant and contain approximately 5.5 -acres. (b) The project site has a General Plan land use designation of RR (Rural Residential - Maximum One Dwelling Per Acre). It is zoned A-2-2 (Los Angeles County Heavy Agricultural) and the corresponding City of Diamond Bar Rural Residential (RR). (c) Generally, the following zones surround the project site: to the north and _ west. R-1, 20,000 and to the east and south A-2-2. (d) The request for approval of TPM 26235 is a request to subdivide two parcels of land totaling 5.5 -acres into three lots for the future development of three custom single-family homes. (e) The approximate gross land area of the lots proposed under TPM 26235 1, is: Lot 1: 1.5 ac., Lot 2: 1.9 ac., and Lot 3: 2.1 ac. Respective net land areas, exclusive of road easements is: 1.3 ac., 1.6 ac., and 2.0 ac. TENTATIVE PARCEL MAP (f) The proposed map is consistent with the General Plan and applicable Specific Plans. The General Plan's land use designation for the project area is Rural Residential (RR) which provides for a maximum of one (1) du/acre. TPM 26235 proposes three lots varying in size from 1.5 to 2.1 gross acres, with an average lot size of 1.8 gross acres. The project's overall density is 0.55 dwelling units per gross acre. Therefore, the proposed TPM 26235 is consistent with the City's adopted General Plan. There is no specific plan applicable to the subject property. j The proposed project is designed utilizing the standards and guidelines established in the City's Development Code and Subdivision Ordinance. This will ensure that the proposed project is in compliance with the adopted General Plan. (g) The design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans. The General Plan's land use designation provided for the project area is Rural Residential (RR max. 1 du/acre). TPM 26235 proposes three lots 2 2001--49 .. varying in size from 1.5 gross acres to 2.1 gross acres, with an average ' lot size of 1.8 gross acres. Therefore, the proposed TPM 26235 is consistent with the City's adopted General Plan. .There is no specific plan applicable to the subject property. (h) The site is physically suitable for the type of development. The proposed project is approximately 5.5 -acres, which will be divided into three lots. Gross lot sizes vary from between 1.5 acres to 2.1 acres. The proposed development for this site will be one (1) custom single- family home per parcel. The site has adequate access to public/private streets and all public infrastructure. The site is similar in terms of topography and size to the surrounding developed neighborhood. (i) The site is physically suitable for the proposed density of development. The proposed project is approximately 5.5 -acres with a resultant density. of .55 dwelling units per acre. The density is consistent with the provisions of the Development Code and the adopted General Plan. (j) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. All substantial environmental issues have been examined and addressed by the certified Master Environmental Impact Report No. 91-2. Additionally, a Mitigation Monitoring Plan (MMP) was prepared, and TPM 26235 will adhere to the guidelines and measures addressed in the adopted MMP. (k) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The design of the subdivision or type of improvements is not likely to cause serious public health problems due to the following: (1) Conditions and mitigation measures have been imposed regarding the grading of the subject property in order to stabilized the property and that a factor of safety of 1.5 or better must be achieved before building permits will be issued for the construction of dwelling units; (2) No active faults transect the project site and the project site is not located in an Alquist-Priolo Special Studies Zone. Therefore, the potential for ground rupture is minimal. Additionally, the expected ground shaking levels are within the range of current engineering practices for construction of habitable structures. The project is not located within an identified significant hazard area. All buildings and structures 3 2001--49 must be designed and constructed in accordance with the provisions of the Uniform Building Code (UBC); and (3) The proposed project will comply with the required standards of the Los Angeles County Fire Department. A fuel modification plan, appropriate access and turnarounds for fire equipment, and fire hydrants in appropriate locations with adequate flow are conditions of approval, as specified by the Fire Department. (1) The design of the subdivision or the 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. Conditions of approval are incorporated into the project which provide for future street easements,: the installation and maintenance of utilities, slope and drainage easement, and "restricted use" area easements and appropriate access easements. Therefore, the design of the subdivision. and improvements will not conflict with easements, acquired by the public at large, for access through or the use of property within Ithe proposed subdivision. (m) The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Board. The proposed project will not violate existing requirements of the Walnut Valley Water District. (n) If a preliminary soils report or geological hazard report indicates adverse soil or geological conditions, the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that conditions can be corrected in the plan for the development. All soils and geological hazard concerns have been considered and adequately addressed by the Mitigation Monitoring Plan adopted as a condition of approval of Tract Map 48487. (o) The proposed subdivision is consistent with all applicable provisions of the City of Diamond Bar Subdivision Ordinance, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. i The proposed project meets all the requirements of the City of Diamond Bar Subdivision Ordinance, Development Code, Diamond Bar Munic'pal Code, and the Subdivision Map Act. Section 4 The City Council hereby approves Tentative Parcel Map No. 26235 subject to the execution and/or fulfillment of all conditions set forth in Planning Oil Commission Resolution No. 2001-26 which is attached hereto and made a part hereof. 4 200149 Section 6 The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Diamond Bar East Partners, 3480 Torrance Blvd., Suite 300, Torrance, CA 90503 APPROVED AND ADOPTED THIS 21st DAY OF AUGUST, 2001 BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY�� or I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved, and adopted at a regular meeting of the City Council of the City of Diamond Bar, held on the 21st day of August, 2001, by the following roll call vote: AYES: COUNCIL MEMBERS Ansari, Chane, O'Connor, MPT/Herrera, M/Huf-L NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ATTEST: City Clerk, City of Diamond Bar 5 2001--49