HomeMy WebLinkAboutRES 99-68CITY COUNCIL
RESOLUTION NO. 99-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF
TIME FOR TENTATIVE PARCEL MAP NO. 23382,
CONDITIONAL USE PERMIT NO. 92-1, OAK TREE PERMIT
NO. 95-2, MITIGATED NEGATIVE DECLARATION NO. 95-2
FOR A 3 LOT SUBDIVISION LOCATED IN THE 3000 BLOCK
(NORTH SIDE) OF STEEPLECHASE LANE, AT THE
TERMINUS OF HAWKWOOD ROAD, DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owner and applicant, Warren Dolezal of The Dolezal Family
Limited Partnership, has filed an application for a one year extension of time for
Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree
Permit No. 95-2. The request includes an amendment to reduce the number of
lots from four to three. The project site is located at the 3,000 Block (north side
of Steeplechase Lane, at the terminus of Hawkwood Road), Los Angeles County,
California, as described above in the title of this Resolution. Hereinafter in this
Resolution, the subject Extension of Time, Oak Tree Permit, Negative
Declaration and Mitigation Monitoring Program shall be referred to as the
"Application".
2. On April 18, 1989, the City of Diamond Bar was established as a duly organized
municipal corporation of the State of California. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting
the Los Angeles County Code, as the ordinances of the City of Diamond Bar.
.The application was . processed in accordance with the procedures as described
within the Los Angeles County Code, and Settlement Agreement approved by the
City Council on April 20, 1999.
Action was taken on the subject application as to the consistency with the General
Plan. It has been. determined that the Applications are consistent with the General
Plan.
4. On June 22, July 13, and July 27, 1999, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing on the Application. On
July 27, 1999, the Planning Commission adopted Resolution No. 99-18
recommending City Council approval of the Application.
5. On July 22, 1999, notification of the public hearing for this project was published
in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
In addition, eighty-two property owners within a 500 foot radius of the project site
were notified by mail.
&:\cacaos and ord\tpm233Mug171999.doc 99-68
6. On August 3, 1999, the City Council of the City of Diamond Bar conducted a _
duly noticed public hearing on the Application.
B RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
This City Council hereby specifically finds that all of the facts set forth in the
Recitals, Part A, of this Resolution are true and correct.
2. Pursuant to the guideline of the California Environmental Quality Act (CEQA),
Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City
Council on June 20, 1995, along' with the approval of Tentative Parcel Map
No. 23382, Conditional Use Permit No. 92-1, Oak Tree Permit No_ 95-2 and the
Mitigation Monitoring Program. Pursuant to CEQA Section 15164, an
Addendum has been prepared in order to address issues related to the reduction of
the map from four to three lots.
The City Council 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 City Council —
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 City Council hereby rebuts the presumption of adverse
effects contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this City Council hereby
finds as follows:
(a) The Application relates to a project originally approved by the City
Council on June 20, 1995. The approved project would subdivide a
2.55 acre parcel into four residential lots for the eventual development of
four -custom single family residences ranging from approximately 4,000 to
8,000 square feet. The Application has been amended to reduce the
subject property to three parcels. Lots will vary in size from .800 to .929
acres.
(b) The project site has a- General Plan Land Use designation of Low Density
Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is
zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet
(R-1-8,000).
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(c) Generally, the following zones surround the project site: To the north is
the R-1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the
south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the
west is the R-1-9,000 Zone.
(d) The extension of time request does not alter the map's design or any
standards or conditions of approval related to the subdivision or the
Conditional Use Permit.
(e) The proposed construction or proposed use will be accomplished without
endangering the health of the remaining tree on the subject property.
The project site contains one oak tree located on the side property line
shared by Lots 2 and 3. The proposed construction or proposed use will
be accomplished without endangering the health of the remaining tree.
Based on the findings and conclusions set forth above, the City Council hereby
approves the Application subject to the following conditions:
(a) Tentative Parcel Map No. 23382 shall be developed in substantial
conformance to plans dated July 27, 1999, labeled Exhibit "A" and
Exhibit "B" - Mitigation Monitoring Program dated March 1995, as
submitted and approved by the City Council.
(b) The 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 a 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) All conditions of approval listed within City Council Resolution
No. 95-36 and Resolution No. 95-37 shall remain in full force and effect
unless amended as a part of this action.
(d) Condition 5.B (5) of City Council Resolution Nos. 95-36 and 95-37, shall
be amended to read as follows:
The Applicant/Subdivider, at Applicant/Subdivider's sole cost and
expense, shall construct all required improvements on his property. If any
required improvements on his property have not been completed by
Applicant/Subdivider and accepted by the City prior to the approval of the
parcel map, Applicant/Subdivider shall enter into a subdivision agreement
with the City and shall post the appropriate security, guaranteeing
completion of the improvements, prior to parcel map approval.
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(e) Applicant shall protect and preserve the existing oak tree pursuant to the
City's Oak Tree Permit process and as follows: chain link fencing, with a
minimum height of 4 -feet, shall be installed 10 -feet outside the tree's drip
line. Fencing shall be installed and shall remain during the construction of
the homes on Lots 2 and 3. Fencing shall not be removed until each home
has received final Planning Division inspection or Certificate of
Occupancy.
(f) The existing oak tree shall be maintained in perpetuity. At the Applicant's
expense, the existing oak tree shall be monitored for a 5 -year period, and
the Applicant shall submit to the City inspections and reports prepared by
a certified and licensed landscaper, arborist, or biologist, who has been
approved by the City. The first year inspections shall occur quarterly; the
second year semi annually; and the third, fourth, and fifth year, annually.
(g) Planting material which may be installed within the oak tree drip line shall
be drought tolerant only. Irrigation installed, if any, within this area shall
be appropriate for drought tolerant planting material.
(h) The future homeowners, shall receive a "Buyers' Awareness" Package at
escrow, with a signed receipt from the future homeowner, submitted to the
City, acknowledging the future homeowner's receipt of the package. This
package shall include proper care and maintenance of the oak tree.
(i) The Applicant shall provide proof of access to the site, through the
Country Estates, for review and approval by the City Attorney prior to
final map.
(j) The Applicant shall cooperate in the placement and construction of the
emergency gate and related access to be located at the terminus of
Hawkwood Road and Steeplechase Lane.
(k) The Applicant shall fund the cost of all roadway modifications at the
terminus of Hawkwood Road resulting from construction of the
emergency gate access.
(1) The proposed grading and building envelopes as shown on the rough
grading plan shall be modified to ensure the protection and preservation of
the existing oak tree. A grading permit shall not be issued until said
modifications have been reviewed and approved by the City Engineer and
Deputy City Manager.
(m) The tentative parcel map shall be revised to the satisfaction of the City
Engineer, to ensure that no grading or construction of any kind occurs
within a minimum of 10 -feet from the drip line of the oak tree.
(n) Prior to recordation of the final map, the Applicant shall cause the
preparation of a tree pruning and maintenance program by a professional
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licensed arborist. Tree pruning and maintenance shall be provided to
_ promote the health and natural growth of the oak tree and shall be
provided in accordance with standards developed by the arborist, as
approved by the City. The existing oak tree shall be protected and
preserved at all times.
(o) A bond or other security (as approved by the City Attorney) shall be
submitted to ensure the permanent protection and preservation of the
existing oak tree. The monetary value of the bond shall be determined by
the formula developed by the Council of Tree and Landscape Appraisers,
or equivalent organization, as approved by the Deputy City Manager and
Community Services Director.
(p) This grant is valid for one year from April 20, 1999, to April 20, 2000, and
shall be exercised (i.e., construction started) or extended within that period
or the grant shall expire.
(q) This grant 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 approval of this grant, with the City of
Diamond Bar Community and Development Services Department, an
affidavit stating that they are aware of and agree to accept all the
conditions of this grant. Further, this grant shall not be effective until the
permittee pays remaining City processing fees.
(r) If the Department of Fish and Game determines that Fish and Game Code
Section 711.4 applies to the approval of this project, then the applicant
shall remit to the City, within five days of this grant's approval, a cashier's
check of $25.00 for a documentary handling fee in connection with Fish
and Game Code requirements. Furthermore, if this project is not exempt
from a filing fee imposed because the project has more than a deminimis
impact on fish and wildlife, the applicant shall also pay to the Department
of Fish and Game any such fee and fine that the Department determines to
be owed.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
Warren Dolezal, The Dolezal Family Limited Partnership, 4251
San Luis Obispo, CA 93401.
certified mail, to:
S. Higuera Street,
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APPROVED AND ADOPTED THIS 17TH DAY OF AUGUST, 1999, BY THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR
BY:
Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the 17th day of August, 1999, by the following vote:
AYES: COUNCIL MEMBERS An sari, Herrera, Huff,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ATTEST: _�
City Clerk, City of Diamond Bar
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