HomeMy WebLinkAboutRES 92-31RESOLUTION NO. 92- 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP
NO. 51079 FOR A ONE (1) LOT SUBDIVISION AND
THE CREATION OF 54 AIR SPACE UNITS AT 800
SOUTH GRAND AVENUE, DIAMOND BAR, COUNTY OF
LOS ANGELES, CALIFORNIA, AND MAKING FINDINGS
IN SUPPORT THEREOF.
A. Recitals.
(i) DIAMOND BROTHERS ONE PARTNERSHIP, 18645 East Gale
Avenue, Suite 205, City of Industry, California, has heretofore
filed an application for approval of Tentative Tract Map No.
51709 as described in the title of this Resolution. Hereinafter
in this Resolution, the subject Tentative Tract Map No. 51079
shall be referred to as the "Application."
(ii) 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, by ordinance, the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Titles 21 and 22 of
the Los Angeles County Code, as amended, contain the Development
Code of the County of Los Angeles now currently applicable to
development applications, including the subject Application,
within the City of Diamond Bar.
(iii) Because of its recent incorporation, the City of
Diamond Bar lacks an operative General Plan. Accordingly, action
was taken on the Application, as to General Plan consistency,
pursuant to the terms and provisions of California Government
Code § 65360.
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(iv) On February 24 and March 23, 1992, the Planning
Commission of the City of Diamond Bar conducted a duly noticed
public hearing on the subject matter of the Application and, upon
conclusion of said public hearing, the Planning Commission,
adopted its Resolution recommending approval of the Application
to this City Council.
(v) On May 5, 1992, the City Council of the City of
Diamond Bar conducted a duly noticed public hearing on the
Application.
(vi) 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. In all respects as set forth in the Recitals, Part
A, of this Resolution.
2. The City Council hereby certifies that the
environmental effects of the Application are similar enough to
the environmental effects identified by the Initial Study and
Negative Declaration prepared for C.U.P. No. 89551, that the
Initial Study and Negative Declaration identified above will
adequately cover this Application and that said Initial Study and
Negative Declaration reflect the independent judgment of the City
of Diamond Bar. The City Council further certifies that said
Initial Study and Negative Declaration were completed in
compliance with the California Environmental Quality Act of 1970,
Negative Declaration prepared for C.U.P. No. 89551, that the
Initial Study and Negative Declaration identified above will
adequately cover this Application and that said Initial Study and
Negative Declaration reflect the independent judgment of the City
of Diamond Bar. The City Council further pertifies that said
Initial Study and Negative Declaration were completed in
compliance with the California Environmental Quality Act of 1970,
as amended, and the Guidelines promulgated thereunder, and that
the City Council has reviewed and considered the information
contained in said Initial Study and Negative Declaration.,
3. The City Council hereby specifically finds and
determines that, based upon the findings set forth herein, and
changes and alterations which have been incorporated into and
conditioned upon the project specified in the Application, no
significant adverse environmental effects will occur.
4. The City Council hereby specifically finds and
determines that, having considered the record as a whole, there
is no evidence before this City Council that the project as
proposed by the Application, and conditioned for approval herein,
will have the potential of an adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Based
upon substantial evidence presented in the record before this
City Council, the City Council hereby rebuts the presumption of
adverse effect contained in § 753.5(d) of Title 14 of the
-- California Code of Regulations. Notwithstanding the provisions
of this paragraph, the applicant shall pay all fees required for
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of the Application, this City Council hereby specifically finds
as follows:
(a) The Application applies to a parcel located
at 800 South Grand Avenue, Diamond Bar, with
a gross area of 4.5 acres and which is zoned
R-4-40 U.
(b) Surrounding properties' land use and zoning
are: East: multiple family/single family;
South: multiple family/single family;
West: vacant; commercial./office;
North: Commercial.
(c) The Application is for a one (1) lot
subdivision to construct a 54 unit
condominium complex.
(d) The subject property is graded and currently
under construction under the provisions of
Conditional Use Permit No. 89551.
(e) The site is physically suitable for the type
of development proposed and has access to
public highways and streets. Further, the
property shall be served by sanitary sewers,
provided with water supply and distribution
facilities with sufficient capacity to meet
anticipated domestic and fire protection
needs and shall have geologic hazards and
flood hazards mitigated in accordance with
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the requirements of the Department of Public
Works of the County of Los Angeles.
(f) The design of the subdivision and of the
proposed improvements will not cause
substantial environmental damage or
substantial and avoidable injury to fish or
wildlife or to their habitat, the project is
not located within a Significant Ecological
Area and the Initial Study for the project
shows that the proposed development will not
have a significant adverse effect on the
environment, as mitigated.
(g) Neither the design of the subdivision nor the
types of improvements will cause serious
public health problems, since sewage
disposal, storm drainage, fire protection and
geological and soils factors are addressed in
the conditions of approval appended hereto.
(h) The design of the subdivision provides, to
the extent feasible, for future passive or
natural heating or cooling opportunities.
The design of the subdivision is based on the
size and shape of the parcel.
(i) The proposed subdivision does not contain or
front upon any public waterway, river,
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stream, coastline, shoreline, lake or
reservoir.
(j) The subdivision and development of the
property in the manner set forth on the map
will not unreasonably interfere with the free
and complete exercise of public entity and/or
public utility rights-of-way and/or easements
within the area covered by said map, since
the design and development as set forth in
the conditions of approval and on the
tentative map provide adequate protection for
any such easements.
(k) The discharge of sewage from this subdivision
into the public sewer system will not violate
requirements of the California Regional Water
Quality Control Board pursuant to Division 7
(§§ 13000, et seq.) of the California Water
Code.
(1) The housing needs of the region have been
considered and balanced against the public
service needs of local residents and
available fiscal and environmental resources
when this project was determined to likely be
consistent with the City's future General
Plan.
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6. Based upon substantial evidence presented to this
City Council during the above -referenced public hearing, and upon
the specific findings of fact set forth above, this City Council
hereby finds and concludes as follows:
(a) The Application is in conformance with the
goals and policies of the proposed General
Plan and the codes of the City of Diamond
Bar.
(b) Pursuant to the provisions of California
Government Code § 65360, this City Council
hereby finds and determines as follows:
(i) The City of Diamond Bar is proceeding in
a timely fashion with the preparation of
the General Plan.
(ii) There is a reasonable probability that
the action proposed will be consistent
with the General Plan proposed being
considered.
(iii) There is little or no probability of
substantial detriment to or interference
with the future adopted General Plan if
the proposed use is ultimately
inconsistent with the General Plan.
(iv) The Application as proposed and
conditioned herein complies with all
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other applicable requirements of State
law and local ordinances.
7. Based on the findings and conclusions set forth
herein, this City Council hereby approves the Application subject
to the following conditions:
(a) This Approval of Tentative Tract Map No.
51079 shall not be effective for any purpose
until a duly authorized representative of the
owner of the property has filed with the
Community Development Department an__Affidavit
of Acceptance and accepts all the conditions
of this approval.
(b) All requirements of this Resolution, the
applicable Zoning District, the City Codes,
City departmental policies, rules and
regulations and applicable law, policies and
regulations of any local agency with
jurisdiction thereof shall be complied with
by the Applicant.
FIRE (c) Provide and locate water mains, fire
DEPARTMENT hydrants, and fire flows as required by Fire
REQUIREMENTS Department and Fire Code.
(d) Provide Fire Department and City approved
street signs and building address numbers
prior to occupancy.
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(e) Fire Department access shall be extended to
within 150 feet distance of any portion of
structure to be built.
(f) Access shall comply with Section 10.207 of
the Fire Code (all weather access).
(g) Driveways shall include, as necessary,
turnarounds suitable for fire protection
equipment use and shown on the final map.
Turnarounds shall be designed, constructed
and maintained to insure their integrity for
Fire Department use.
(h) The private driveways shall be indicated on
the final map as "FIRE LANE" and shall be
maintained in accordance with the Fire code.
(i) All required fire hydrants shall be
installed, tested and accepted prior to
construction of on-site improvements.
Vehicular access must be provided and
maintained serviceable throughout
construction.
(j) All hydrants shall be brass or bronze and
conform to current AWWA standard C503 or
approved equal. All hydrants shall be
installed a minimum of 25' from a structure
or protected by a two (2) hour fire wall.
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ENGINEERING (k) The final map must be prepared in accordance
CONDITIONS with Title 21 of the Development Code and the
Subdivision Map Act.
(1) A preliminary title report, dated no more
than 30 days prior to submittal, reproducible
copies of all referenced record maps, copies
of all referenced documents and five (5)
prints of the most recent Assessor Map with
book page or pages covering the proposed
division of land must be submitted for review
prior to approval of the final map. An
updated title report\guarantee must be
submitted ten (10) working days prior to
approval of the final map.
(m) The developer shall submit to the City
Engineer, for approval, the total cost
estimate of all off-site improvements, prior
to approval of the final map.
(n) The developer shall submit a monumentation
bond for the new boundary monuments which
must be set in accordance with the
Subdivision Map Act, City standards and
subject to approval by the City Engineer.
(o) All public improvements shall be completed
and accepted by the City prior to the
approval of the final map. In lieu thereof,
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the Applicant may enter into a subdivision
agreement with the City to secure the
completion of said improvements.
(p) All final grading, landscaping, irrigation,
street, sewer and storm drain improvement
plans shall..be approved by the City prior to
final map approval.
(q) The construction notes shown on the submitted
map are conceptual only and this approval
does not constitute approval of said notes.
(r) Applicant shall submit all documents and fees
required for the final map, including
recordation and tax documents and fees.
(s) Grading shall comply with the Uniform
Building Code, City Grading ordinance and
acceptable grading practices. The precise
grading plan shall be in substantial
conformance with the approved grading plan.
(t) Trees are prohibited within 5 feet of the
outside diameter of any storm drain pipe
measured from the outer edge of a mature tree
trunk.
(u) Each building shall be serviced by a separate
and independent connection to the sewer main
line in accordance with City and County
standards.
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(v) The subdivider shall obtain connection
permit(s) from the City and County Sanitation
District. The subdivision must be annexed
into the County Consolidated Sewer
Maintenance District and appropriate
easements for all sewer main lines must be
provided and accepted by the County of
Los Angeles Public Works Department, prior to
approval of the final map.
(w) Maneuvers through the median opening will not
be allowed until a traffic signal is
installed and becomes operational at 800
South Grand. The traffic signal shall be
interconnected to the Grand Avenue/Golden
Springs Road intersection to provide
coordination of signal phasings at the two
locations. Prior to approval of the final
map, the traffic signal shall be installed by
the Applicant. The Applicant shall enter
into a reimbursement agreement with the City
for reimbursement of advanced costs from
development of property benefiting from the
design and installation of said signal.
(x) A right turn deceleration lane shall be
provided on northbound downgrade on Grand --
Avenue with a length of approximately 100
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feet and a 60 -foot transition. A signing and
striping plan, prepared by a registered Civil
Engineer, shall be submitted to and approved
by the City Engineer.
(y) Pavement striping and marking shall be
installed to the satisfaction of the City
Engineer.
(z) Provide separate utility services to each
unit, including water, gas, electric power,
telephone, and cable TV (all underground) in
accordance with the respective utility
company*s standards. Easements shall be
provided as required.
(aa) Prior to recordation of the final map,
written certification from Walnut Valley
Water District, GTE, SCE, SCG and Jones
Intercable stating that adequate facilities
are available to serve the project shall be
submitted to the City. Said certifications
shall be submitted not less than ten (10)
working days prior to final map approval.
COMMUNITY (bb) Applicant shall pay the required park in -lieu
DEVELOPMENT fee of $164,333.00 prior to the recordation
DEPARTMENT of the final map.
CONDITIONS (cc) Conditions, covenants, and restrictions
(CC&Rs) shall be provided to the Community
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Development Director for review and approval
prior to recordation of the final map and
shall include provisions which require
disputes involving interpretation or
application of the CC&Rs to be referred to a
neutral third party mediation service. The
cost of such mediation shall be borne by the
prevailing party. Said CC&Rs shall,
additionally, include -provisions prohibiting
the use of patio areas and/or balconies
abutting or visible from public streets and
highways for purposes of storage of bicycles, _
building materials, equipment, clotheslines
and similar items.
8. The City Clerk is hereby directed to (a) certify
to the adoption of this Resolution, and (b) forthwith transmit a
certified copy of this Resolution by certified mail, return
receipt requested, to the Applicant at its address per City
records.
1992.
ADOPTED AND APPROVED this 2nd day of June ,
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Mayrt/
I, LYNDA BURGESS, City Clerk of the City of
Diamond Bar, do hereby certify that the foregoing Resolution was
passed, approved and adopted at the regular meeting of the City
Council of the City of Diamond Bar held on the 2nd day of
June , 1992, by the following roll call vote:
AYES: COUNCIL MEMBERS: Miller, Forbing, M/Kim
NOES: COUNCIL MEMBERS: Werner, MPT/Papen
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST. Q�
Lynda 53'.kgessy tClerk
City of .Diakw Bar-
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