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HomeMy WebLinkAboutRES 92-32RESOLUTION NO. 92- 32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 89551 PERTAINING TO A 4.5 ACRE SITE LOCATED AT 800 SOUTH GRAND AVENUE, DIAMOND BAR, COUNTY OF LOS ANGELES, CALIFORNIA, AND NAILING 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 an Amendment to Conditional Use Permit No. 89551 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Amendment to Conditional Use Permit No. 89551 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, 1 pursuant to the terms and provisions of California Government Code S 65360. (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 approving the Application. (v) Thereafter, and in accordance with the provisions of Title 22 of the Development Code, the City Council, by majority vote, voted to bring before it the Application. -in conjunction with Tentative Tract Map No. 51079, an application for approval of a map necessary for the Application to be effective. (vi) On May 5, 1992, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. (vii) 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 2 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, 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 3 the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any building permits. 5. Based on substantial evidence presented to this Council during the above -referenced public hearing, including written and oral staff reports, public testimony, and the record 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 an amendment to a previously approved conditional use permit 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 sufficient in size and shape and provides adequate ingress and egress to allow 4 multiple family development in character with surrounding current land uses. (f) Approval of the Application will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially detrimental to the use, enjoyment, or valuation of property located in the vicinity of the site,.and will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare. (g) The site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quality of traffic as will be generated by the project and by other public and private service facilities and utilities, as required. 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. 5 (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. There is a reasonable probability that the action proposed will be consistent with the General Plan proposal 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 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 Amendment to Conditional Use Permit No. 89551 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. (c) Three (3) copies each of the revised site, irrigation, and landscape plans including an ivy plan for walls fronting upon Grand Avenue, all in conformance with those presented to the City Council and dated , 1992, and conforming to the following conditions as can be shown on a plan, shall be submitted to and shall obtain written approval of the Community Development Director. Said revised plans shall include relocation and redesign of the security gate and indicate secured storage facilities of at least 100 cubic feet per unit located in the carport area. The property shall thereafter be developed and maintained in substantial compliance with Fi such approved plans. (d) Landscaping materials along the perimeter of each elevation shall be year round in nature. All landscaping approved shall be installed prior to issuance of any certificate of occupancy. (e) No construction shall occur within the 50' easement shown on the site plan along the north elevation of the building. (f) No construction shall occur within setbacks as delineated on the approved site plan. (g) Street trees with year round foliage shall be planted along the western elevation of Grand Avenue per the approved landscape plans. (h) Recreation areas adjacent to Grand Avenue shall be landscaped so as to provide a visual buffer to screen visibility from off-site parcels. (i) Provide wrought iron fencing around recreation areas to insure the security of children. (j) All exterior lights above wall height be shielded and be directed away from adjacent development and/or streets. (k) Maneuvers through the median opening on Grand Avenue shall not be permitted until a traffic 8 signal is installed and becomes operational at 800 South Grand. (1) Shielded trash enclosures shall be located as shown on the approved site plan. (m) Sidewalks shall be installed along Grand Avenue for the length of the property per City Standards. (n) The project shall comply with all State and local ordinances for noise level standards. (o) All air conditioning units will be ground mounted and screened from street level view. (p) All conditions of Conditional Use Permit No. 89551, not superseded by this amendment, are hereby incorporated herein by reference and shall be complied with. (q) The Applicant shall provide four (4) additional parking spaces outside the electronic security gate at the entrance of the proj ect . (r) The Applicant shall incorporate the following items into the interior design and construction of the units: (1) Increase second level subflooring from 5/8 inch plywood to 3/4 inch plywood. (2) Add insulation between first and second floor. 9 r (3) Use resilient channel throughout all first floor ceilings. (4) Install recessed lights in kitchens and bathrooms. (5) Add ducted kitchen fans to improve air flow. (6) Insulate all plumbing chases to decrease sound transmission. (7) Add additional telephone and TV outlets. (8) Add 32 oz. carpet over 1/2" rebound pad to increase sound control and cushion. (s) This approval shall be null and void in the event that Final Tract Map No. 51079 is not recorded and no Certificate of Occupancy shall issue until said Final Map is recorded. 8. This Council hereby provides notice to DIAMOND BROTHERS ONE PARTNERSHIP that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure § 1094.6. 9. 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. 10 ADOPTED AND APPROVED this 2nd day of June 1992. ql-zi 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 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: Forbing, Miller, Werner, MPT/Papen, M/Rim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: ndaagess:-. Ci_ Clerk City of Di -.Mohd 2"- 511011189551RE51D8 6.9 11