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HomeMy WebLinkAboutRES 93-22RESOLUTION NO. 93-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING DEVELOPMENT REVIEW NO. 91-2, FOR THE DEVELOPMENT OF A 34 UNIT CONDOMINIUM COMPLEX ON A 2.3 ACRE SITE LOCATED AT 23575 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Diamond Development Company, 1700 Raintree Road, Fullerton, California, has heretofore filed an application for approval of Development Review as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review application shall be referred to as "the appli- cation". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, in- cluding the subject application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Pursuant to the order issued by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. 4. On March 16, 1993 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the appli- cation and continued and concluded said public hearing on April 6, 1993. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. CCDR91-2.RES 1 2. The City Council specifically finds that the initial study prepared and reviewed by the City of Diamond Bar and a — Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration reflects the independent judgement of the City of Diamond Bar. 3. The Council 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 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 Council rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4. Based on the substantial evidence presented to the City Council during the above -referenced public hearing opened on -- March 16, 1993 and concluded on April 6, 1993, including written and oral staff reports, together with public testimony, and in conformance with Ordinance No. 4 (1992) of the City Diamond Bar, hereby specifically finds as follows: (a) The application applies to property located at 23575 Golden Springs Drive, Diamond Bar with a gross area of 2.33 acres and the applicant is requesting a zone change to reclassify the site from the current R-1 Zone (Restricted Residential) to zone R -3-(15)U (Limited Multiple Residence Zone). (b) Properties to the east and south are developed with single family residences, to the north the site is developed with a multi -family complex and the sites to the west are partially developed by commercial development and single family residential home. (c) The applicant's request is for architectural and site plan review of the project to construct a 34 unit condominium complex. (d) The subject property has graded and currently is a vacant undeveloped parcel. (e) The site is sufficient in size and can provide CCDR91-2.RES 2 5. adequate ingress and egress to allow multiple family development in character with surrounding current land uses. (f) The subject site lies within the Diamond Bar draft General Plan Medium Density Residential (RM) land use designation. The current zoning of the site is consistent with the land use designation. (g) Notification of the public hearing for this project has been made in made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on February 17, 1993. Notification of the property owners within a 500 foot radius was mailed on February 24, 1993. (h) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; (i) The architectural design of the proposed condominium complex is compatible with the character of the surrounding development and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the contemplated General Plan of the City; (j) The design of the proposed development would 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 and will retain a reasonably adequate level of maintenance. (k) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the vicinity. (1) This application was approved by the Planning Commission of the City of Diamond Bar on February 8, 1993 at the conclusion of the public hearing. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council approves the application subject to the following restrictions as to use: Planning Department (1) This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of Planning CCDR91-2.RES 3 Division of the Community Development Department the Affidavit of Acceptance and accepts all the conditions of this development review. (2) That the applicant must comply with all federal, state, Zone R -3-(15)U, Public Works and Community Development Department's requirements, and that all grading, drainage plans and wall plans shall conform to all City standards or as amended by this action and shown on the approved plans; (3) The 34 unit condominium project is approved and shall be reflected on three copies of the elevations, site plan, irrigation plan, and landscape plan, similar to that presented at the public hearing and marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. All construction materials must comply with the materials board approved by the City Council marked as Exhibit "A-1". The property shall thereafter be developed and maintained in substantial conformance with the approved plans. (4) Drought tolerant landscaping shall be incorporated where possible on the landscape plan. All landscaping shall be installed prior to issuance of the certificate of occupancy. (5) The vesting tentative tract map shall be revised to indicate that unit No. 20 is to have an 8 ft. setback from the side property line and that units No. 1 through No. 6 are to have a 10 ft. setback from Torito Lane. No buildings shall be located within the setbacks as delineated on the approved site plan. (6) Street trees with year round foliage shall be planted along western elevation of Golden Springs Drive per the approved landscape plans (refer to above listed condition No. 3). (7) All exterior lights above wall height be shielded and be directed away from adjacent development; (8) The location of the mail boxes shall be located to the satisfaction of the Community Development Director and the Public Works Director and illustrated on the approved site plan. (9) The project shall comply with all local and state ordinances for noise level standards. (10) All air conditioning units shall be ground mounted and _ screened from street level view by each unit's privacy wall. CCDR91-2.RES 4 (11) The applicant shall satisfy the Park Obligation by contributing land acreage or the in -lieu fee to the City prior to recordation of the final map per code section 21.24.340. (12) Conditions, covenants, and restrictions (CC&R's) shall be provided to the Community Development Director and the City attorney for review and approval prior to recordation of the final map. A Homeowners Association (HOA) shall be created and responsibilities thereof shall be delineated within said CC&R's. (13) A clause shall be incorporated into the CC&R's which requires disputes involving interpretation or application of the agreement (between private parties), to be referred to a neutral third party mediation service (name of service may be included) prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. A Homeowners Association (HOA) shall created and responsibilities thereof shall be delineated within said CC&R's, such as maintenance of common areas. (14) All walls open to the public from outside the project shall be textured in earth tones and additionally shall be covered with ivy or other similar vegetation. (15) The property shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements 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. (16) The applicant shall submit a development program and schedule to the City prior to recordation of the final map and all amendments to said schedule shall be submitted to the Community Development Director for approval. (17) The outside storage of recreational vehicles is prohibited. (18) The following conditions shall apply to the common lots and the recreational lots: a. Open space areas and common lots shall be shown on CCDR91-2.RES b. C. the site plan and tract map and shall be: 1. Conveyed as a mandatory fractional undivided interest to each purchaser, or 2. Conveyed to charged with such common owners; Open space areas satisfactory to Director; a Homeowners Association (HOA) the operation and maintenance of areas for the benefit of all shall be maintained in a manner the Community Development Use all recreational areas shall be restricted to owner -tenants and their guests. (19) No signs are approved as a part of this approval. All signs must be submitted to the City under separate application and must comply with all standards in effect at the time of application. (20) This grant is valid for one year and must be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. PUBLIC WORKS DEPARTMENT (21) The applicant shall contribute $12,500 toward additional signal phasing requirements at Diamond Bar Blvd. and Golden Springs Drive based on additional traffic generated from the proposed development prior to issuance of a Certificate of Occupancy. (22) The applicant shall contribute towards the street overlay of Torito Lane in the amount of $40,000 or complete the work as approved by the City Engineer. All improvements shall be completed to the satisfaction of the Public Works Director prior to issuance of the Certificate of Occupancy. (23) No internal on -street parking is permitted within the development based on the street width being allowed and the internal streets shall be designated as private streets. (24) The applicant shall contribute $20,000 for traffic mitigation improvements prior to issuance of a Certificate of Occupancy. (25) Handicap ramps shall be installed at the corner of the Torito Lane and Golden Springs Drive in compliance with CCDR91-2.RES 6 the City's specifications. (26) The site plan shall depict all on-site street and safety lighting to the satisfaction of the Public Works Director. (27) The applicant shall obtain approval by County Sanitation on the location of the structures affecting County Sanitation easements and submit written evidence to the City prior to issuance of a grading permit. (28) The applicant shall comply with all other standard conditions of approval unless referenced and amended herein. FIRE DEPARTMENT REQUIREMENT (29) Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded. (30) Provide Fire Department and City approved street signs and building address numbers prior to occupancy. (31) Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built. (32) Access shall comply with Section 10.207 of the Fire Code which requires all weather access. All weather access may require paving. (33) The private driveways shall be indicated on the final map as "Fire Lane" and shall be maintained in accordance with the Los Angeles County Fire Code. (34) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (35) Private driveway/fire lane shall be 26 feet clear to sky width. All buildings shall be less than 3 stories and less than 35 feet high. (36) The required fire flow for public fire hydrants at this location is 2,500 gallons per minute at 20 psi for a duration of 2 hours, over and above maximum daily domestic demand. (37) The required on-site fire flow for private on-site hydrants is 2,500 gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 2,500 gallons per minute at 20 psi with any two hydrants flowing simultaneously. CCDR91-2.RES 7 (38) Fire hydrant requirements as follows: 3 existing fire hydrants. Existing private on-site Fire hydrants. (39) All hydrants shall measure 6" x 4" x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. All hydrants shall be installed a minimum of 25 feet from a structure or protected by a two (2) hour fire wall. (40) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (41) Additional on-site hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (42) Additional on-site hydrants may be required during the building permit process. (43) The applicant shall submit a revised landscape and irrigation plan for review and approval by the Community Development Director, which is to provide for a variety of plant species and tree sizes, at a 50 percent increase in quantity over the preliminary plans, to the satisfaction of the Community Development Director, with discretion to modify the quantities, if deemed necessary. (44) The applicant shall install automatic garage door openers for each unit prior to the final inspection. 6. The City Council hereby provides notice to the applicants that the time within which judicial review of this Resolution must be sought is governed by the provisions of the California Code of Civil Procedures Section 1094.6. 7. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Reso- lution, to Ron Crowley of Diamond Development Company at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 6TH DAY OF APRIL, 1993 BY THE CITY COUNCIL OF THE CIAY OF DIAMOND BAR. BY: MAYOR CCDR91-2.RES 8 I, Lynda Burgess, City Clerk of The City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 6th day of April, 1993, by the following vote: AYES: [COUNCIL MEMBERS:] Forbing, MacBride, Papen, and Miller NOES: [COUNCIL MEMBERS:] None ABSENT: [COUNCIL MEMBERS:] Werner ABSTAIN: [COUNCIL MEMBERS:] None ATTEST: LyxxdK Burgess, city Clerk CCDR91-2.RES 9