HomeMy WebLinkAboutRES 92-33RESOLUTION NO. 92-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING VESTING TENTATIVE
TRACT MAP NO. 47851 FOR A FORTY-EIGHT (48) LOT
SUBDIVISION LOCATED NORTHEAST OF THE
INTERSECTION OF WAGON TRAIN LANE AND THE
NORTHERLY TERMINUS OF WINDMILL DRIVE,
DIAMOND BAR, COUNTY OF LOS ANGELES,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT
THEREOF.
A. Recitals.
(i) DIAMOND BAR ASSOCIATES, INC., 3480 Torrance
Boulevard, Torrance, California (the "Applicant" hereinafter),
has heretofore filed an application for approval of Vesting
Tentative Tract Map No. 47851 as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Vesting
Tentative Tract Map No. 47851 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,
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pursuant to the terms and provisions of California Government
Code § 65360.
(iv) On September 23 and November 25, 1991, 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 No. 91-24 recommending approval
of the Application to this City Council.
(v) On January 21, January 28, March 3, April 7 and
April 21, 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
Environmental Impact Report No. 91-2 was completed in compliance
with the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder, the City
Council has reviewed and considered the information contained in
said Environmental Impact Report No. 91-2 and that said
Environmental Impact Report reflects the independent judgment of
the City of Diamond Bar.
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3. The City Council hereby specifically finds and
determines, based upon the findings set forth herein, that
changes and alterations have been required in or incorporated
into and conditioned upon the project specified in the
Application, which mitigate or avoid significant adverse
environmental effects identified in said Environmental Impact
Report No. 91-2.
4. The Applicant shall pay all fees required for the
filing of a Notice of Determination and any other fees imposed by
the California Department of Fish and Game prior to the
recordation of the final map.
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
northeast of the intersection of Wagon Train
Lane and the northerly terminus of Windmill
Drive, Diamond Bar, with a gross area of 68
acres, within SEA 15, and which is zoned
R-1-20 and A-2-2.
(b) Surrounding properties' land use and zoning
are: East: R-1-40/vacant;
South: A-2-2/vacant;
West: R-1-20/partially developed (1 single
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family home);
North: R-1-20/developed with single family
homes.
(c) The Application is for a forty-eight (48) lot
subdivision to construct 48 single family
units.
(d) 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
the requirements of the Department of Public
Works of the County of Los Angeles.
(e) 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
located within Significant Ecological Area 15
and the proposed development will not have a
significant adverse effect on the
environment, as mitigated and conditioned.
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(f) 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.
(g) 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.
(h) The proposed subdivision does not contain or
front upon any public waterway, river,
stream, coastline, shoreline, lake or
reservoir.
(i) 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.
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(j) 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.
(k) 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.
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, pursuant to the
provisions of California Government Code § 65360, the City
Council hereby finds and determines as follows:
(a) The City of Diamond Bar is proceeding in a
timely fashion with the preparation of the
General Plan.
(b) The action proposed (Vesting Tentative Map)
was consistent with the General Plan proposed
being considered at the time of application.
(c) 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.
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(d) 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) GENERAL REQUIREMENTS:
1. This Approval of Vesting Tentative Tract
Map No. 47851 shall not be effective for
any purpose until a duly authorized
representative of the Applicant has
filed with the Community Development
Department an Affidavit
of Acceptance and accepts all the
conditions of this approval.
2. 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.
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(b) FIRE DEPARTMENT REQUIREMENTS:
1. Provide and locate water mains, fire
hydrants, and fire flows as required by
Fire Department and Fire Code.
2. Emergency secondary access shall be
provided in accordance with Fire
Protection District Standards and
approved by the City Engineer.
3. Fire Department access shall be extended
to within 150 feet distance of any
portion of structure to be built.
4. Access shall comply with Section 10.207 —'
of the Fire Code (all weather access).
5. 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.
6. 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.
7. All hydrants shall be brass or bronze
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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.
(c) ENGINEERING REQUIREMENTS:
1. All easements existing prior to final
map approval must be identified. If an
easement is blanket or indeterminate in
nature, a statement to that effect must
be shown on the final map in lieu of its
location.
2. A title report/guarantee showing all fee
owners and interest holders must be
submitted when a final map is submitted
for plan check. The account shall
remain open until the final map is filed
with the County Recorder. An updated
title report/guarantee must be submitted
ten (10) working days prior to final map
approval.
3. Applicant shall submit to the City
Engineer the total cost estimate for
bonding purposes of all public
improvements, prior to approval of the
final map.
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4. Applicant shall submit recorded
documents indicating the project will
have proper/adequate right -of -entry to
the subject site from "The Country."
5. The tract shall be annexed to Landscape
Maintenance District 38.
6. New centerline ties shall be submitted
to the City Engineer for approval in
accordance with City Standards, prior to
issuance of building permits.
7. New boundary monuments shall be set in
accordance with the State Subdivision
Map Act and subject to approval by the
City Engineer.
8. If any required public improvements have
not been completed by Applicant and
accepted by the City prior to the
approval of the final map, Applicant
shall enter into a subdivision agreement
with the City and shall post the
appropriate security.
9. All site grading, landscaping,
irrigation, street improvement, sewer
and storm drain improvement plans shall
be approved by the City Engineer prior
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to final map approval.
10. Street names shall be submitted for City
review and approval prior to approval of
the final map. Street names shall not
duplicate existing streets within the
City of Diamond Bar's postal service zip
code areas.
11. House numbering plans shall be approved
by the City Engineer prior to issuance
of building permits.
12. The detail drawings and construction
notes shown on the submitted plans are
conceptual only and the approval of this
map does not constitute approval of said
notes.
13. Lot line adjustment between Tracts 47851
and 48487 shall be approved prior to
recordation of the final map.
14. Grading of the subject property shall be
in accordance with the Uniform Building
Code, City Grading Ordinance 14 (1990)
and acceptable grading practices. The
precise grading plan shall be in
substantial conformance with the grading
plan approved as a material part of the
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Tentative Map.
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15. All landslide debris shall be completely
removed prior to fill placement as
required by the final geotechnical
report.
16. At the time of submittal of the 40 -scale
grading plan for plan check, a detailed
soils and geology report shall be
submitted to the City Engineer for
approval and said report shall be
prepared by a qualified engineer and/or
geologist licensed by the State of
California. The report shall address,
but not be limited to, the following:
(a) Stability analyses of daylight
shear keys with a 1:1 projection
from daylight to slide plane
(except lot 19 which shall be
1.5:1) shall be used in design,
projection plane shall have a
minimum safety factor of 1.5.
(b) All soils and geotechnical
constraints (i.e., landslides,
shear key locations, etc.) shall be
delineated in detail with respect
to proposed building envelopes.
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Restricted use areas and structural
setbacks shall be considered and
delineated prior to recordation of
the final map.
(c) Soil remediation measures shall be
designed for a "worst case"
geologic interpretation subject to
verification in the field during
grading.
(d) The extent of any remedial grading
into natural areas shall be clearly
— defined on the grading plans.
(e) Areas of potential for debris flow
shall be defined and proper
remedial measures implemented as
approved by the City Engineer.
(f) Gross stability of all fill slopes
shall be analyzed as part of
geotechnical report, including
remedial fill that replaces natural
slope.
(g) Stability of all proposed slopes
shall be confirmed by analysis as
approved by the City Engineer.
(h) All geologic data including
landslides and exploratory
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excavations must be shown on a
consolidated geotechnical map using
the 40 -scale final grading plan as
a base.
17. Grading plans shall be prepared in a
241lx36" format and designed in
compliance with the recommendations of
the final detailed soils and engineering
geology reports. All remedial earthwork
specified in the final report shall be
incorporated into the plans.
18. Grading plan(s) must be signed and
stamped by registered Geotechnical
Engineer and registered Geologist.
19. All identified geologic hazards within
the Tentative Tract boundaries which
cannot be eliminated as approved by the
City Engineer shall be indicated on the
final map as "Restricted Use Area." The
subdivider shall dedicate to the City
the right to prohibit the erection of
buildings or other structures within
such restricted use areas on the final
map.
20. Surety shall be posted and an agreement
executed guaranteeing completion of all
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drainage facilities necessary for
dewatering all parcels to the
satisfaction of the City Engineer prior
to final map approval and prior to the
issuance of grading permits.
21. Easements for disposal of drainage water
onto or over adjacent parcels shall be
delineated and shown on the final map as
approved by the City Engineer.
22. All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to
issuance of building permits for
construction upon any parcel that may be
subject to drainage flows entering,
leaving, or within a parcel relative to
which a building permit is requested.
23. All slope banks in excess of five (5)
feet in vertical height shall be seeded
with native grasses or planted with
ground cover, shrubs, and trees for
erosion control upon completion of
grading or some other alternative method
of erosion control shall be completed to
the satisfaction of the City Engineer
and a permanent irrigation system shall
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be installed.
24. Street improvement plans in a 2411x36"
sheet format, prepared by a registered
Civil Engineer, shall be submitted to
and approved by the City Engineer.
Security shall be posted and an
agreement executed guaranteeing
completion of the public and/or private
street improvements, prior to final map
approval.
25. Prior to any work being performed in
public right-of-way, fees shall be paid
and a construction permit shall be
obtained from the City Engineer's Office
in addition to any other permits
required.
26. No street shall exceed a maximum slope
of 12%.
27. Construct base and pavement on all
streets, access road to pump station,
and the emergency access road to
southerly property line in accordance
with City approved soils report and
approved by the City Engineer.
Vehicular access must be provided to all
"Urban Pollutant Basins" and the pump
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station with a minimum width of 151,
with 12' of pavement and with a maximum
slope no greater than 20%.
28. Prior to approval of the final map, the
Applicant shall contribute $7,200.00
toward the construction of sidewalks
along the east side of Diamond Bar
Boulevard across from the Country Hills
Shopping Center.
29. The Applicant shall provide an
irrevocable offer to dedicate an
easement for a 60 -foot wide roadway
along and straddling the centerline
extension of Windmill Drive at the
southerly property line of Lot 12 of
Tract No. 48487 (northerly property line
of the Remainder parcel of Tract No.
47851) to the southerly property line of
the remainder parcel of Tract No. 47851;
except that the northerly 107' of said
easement shall be 30 feet wide.
30. A final drainage study and final
drainage plans in a 2411x36" sheet format
shall be submitted to and approved by
the City Engineer prior to final map
approval. All drainage facilities shall
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be installed as required by the City
Engineer and in accordance with County
of Los Angeles Standards.
31. No underground utilities shall be
constructed within the drip line of any
mature tree except as approved by a
registered arborist.
32. Prior to finalization of any development
phase, sufficient drainage improvements
shall be completed beyond the phase
boundaries to assure secondary access
and drainage protection to the
satisfaction of the City Engineer.
Phase boundaries shall correspond to lot
lines shown on the final map.
33. Prior to placement of any dredged or
fill material into any U.S.G.S. blue
line stream bed, a 404 permit shall be
obtained from the Army Corps of
Engineers and an agreement with the
California Department of Fish and Game
shall be obtained and submitted to the
City Engineer.
34. Each dwelling unit shall be served by a
separate sewer lateral which shall not
cross any other lot lines. The sanitary
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sewer system serving the tract shall be
connected to the City sewer system.
Said system shall be of the size, grade
and depth approved by the City Engineer,
County Sanitation District and Los
Angeles County Public Works Department,
prior to approval of the final map.
35. The Applicant shall obtain connection
permit(s) from the City and County
sanitation District. The subdivision
shall be annexed into the County
Consolidated Sewer Maintenance District
and appropriate easements for all sewer
main and trunk lines and pump station
must be offered for dedication and
accepted by the County of Los Angeles
Public Works Department, prior to
approval of the final map.
36. The Applicant, at Applicant's sole cost
and expense, shall construct the sewer
system and pump station in accordance
with the City, Los Angeles County Public
Works Department and County Sanitation
District Standards.
37. Traffic improvement plans prepared by a
registered Traffic Engineer in a 2411x36"
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sheet format shall be submitted to and
approved by the City Engineer. Security
shall be posted and agreement executed
guaranteeing completion of improvements
prior to final map approval.
38. Intersection line of sight designs shall
be submitted to the City Engineer for
approval.
39. The Applicant shall prepare traffic
control signing and striping plans in
accordance with requirements of the
State of California Traffic Manual prior r
to approval of final map.
40. A separate right -turn lane shall be
striped and appropriate signs installed
in the northbound direction at the
intersection of Diamond Bar Boulevard
and Shadow Canyon Drive to the
satisfaction of the City Engineer.
41. A separate right -turn lane shall be
striped and appropriate signs installed
in the southbound direction at the
intersection of Diamond Bar Boulevard
and Pathfinder Road to the approval of
the City Engineer.
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42. An additional left -turn lane shall be
striped and appropriate signs installed
in the southbound direction at the
intersection of Diamond Bar Boulevard
and Brea Canyon Road to the approval of
the City Engineer.
43. A stop sign shall be installed at the
intersection of Wagon Train Lane and
Steeplechase Lane. The stop sign shall
be installed on Wagon Train along with
fifty feet of double yellow striping,
Type D pavement markers, stop legend and
limit line.
44. Stop signs shall be installed at the
intersection of Dothill Road and Wagon
Train Lane, subject to approval of the
City Engineer.
45. The Applicant shall contribute
$24,000.00 toward the installation of a
traffic signal at intersection of
Diamond Bar Boulevard and Shadow Canyon
Drive prior to approval of the final
map.
46. Provide separate underground utility
services to each parcel, including
water, gas, electric power, telephone,
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and cable TV, in accordance with the
respective utility company standards.
Easements shall be provided as required
by utility companies and approved by the
City Engineer.
47. Applicant shall relocate existing
utilities as necessary.
48. Prior to submittal of the final map,
written certifications from Walnut
Valley Water District, GTE, SCE, SCG and
Jones Intercable stating that adequate
facilities are or will be available to
serve the proposed project shall be
submitted to the City.
49. Applicant shall install main and service
lines capable of delivery of reclaimed
water to all portions of the Tract and
the system shall be designed to permit
"switch over" of nondomestic services on
each lot at time of availability of
reclaimed water, all to the satisfaction
of the City Engineer.
50. Building pads for Lots 18 and 19 shall
be precisely delineated on the final map
and shall be restricted to 10,000 square
feet maximum.
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(d) COMMUNITY DEVELOPMENT DEPARTMENT
REQUIREMENTS:
1. Applicant shall pay the required park
in -lieu fee prior to the recordation of
the final map.
2. Conditions, covenants, and restrictions
(CC&Rs) shall be provided to the
Community Development Director for
review and approval prior to recordation
of the final map. The CC&Rs shall
include, but not be limited to,
provisions requiring disputes involving
interpretation or application of the
CC&Rs to be referred to a neutral third
party mediation service with the cost
thereof to be borne by the prevailing
party, provide a maintenance program for
"Urban Pollutant Basins," preclude
construction or installation of barriers
within wildlife movement corridors as
required by the SEATAC Report dated
April 8, 1991, and shall substantially
comply with the CC&Rs applicable to "The
Country." Said CC&Rs shall record
concurrently with the final map or prior
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to the issuance of any building permit
for or sale of any parcel.
3. The site shall be developed and
maintained in accordance with the
approved Vesting Tentative Tract Map and
plans approved by the City Council, as
revised by these conditions of approval.
4. The mitigation monitoring program dated
May 29, 1992, and approved by the City
Council shall be implemented and
rigorously complied with. Applicant
shall deposit, and maintain, with the
City a fund in such amounts as required
by the Director of Community Development
to defray the cost of implementation and
monitoring by City staff and consultants
retained by City.
5. Exterior construction activities
(grading, framing, etc.) shall be
restricted to 7:00 a.m. to 5:00 p.m.,
Monday through Saturday, except that
interior building construction
activities shall not be limited. All
construction equipment shall be properly
muffled to reduce noise levels.
Transportation of equipment and
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materials and operation of heavy grading
equipment shall also be limited to the
hours of 7:00 a.m. to 5:00 p.m. All
equipment staging areas shall be sited
on the subject property. Dust generated
by construction activities shall be
reduced by watering the soil prior to
and during grading activities. Use of
reclaimed water shall be used whenever
possible.
6. Lot Nos. 19, 20 and 41 shall provide a
minimum lot/street frontage of 60 feet.
All other lots shall maintain a minimum
lot/street frontage of 125 feet.
7. A detailed landscape and irrigation
plan, including slope planting and model
home landscaping, shall be prepared by a
licensed landscape architect and
submitted for City review approval prior
to approval of the final map. Fence
details, tree staking, soil preparation,
planting details and an automatic
irrigation system and the incorporation
of xenotropic landscaping shall be
incorporated wherever feasible.
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8. All down drains and drainage channels
shall be constructed in muted earth
tones so as to not impart adverse visual
impacts.
9. All oak trees and walnut trees to be
replaced shall be replaced at the ratios
and locations specified in EIR 91-2.
10. Existing trees required to be preserved
in place shall be protected with a
construction barrier in accordance with
the Los Angeles County Code, and so
noted on the grading plans. The
location of those trees to be preserved
in place and new locations for
transplanted trees shall be shown on the
detailed landscape plans.
11. Applicant shall contribute $8,000.00 as
its pro rata share for the Ecological
Concept Study for Tonner Canyon and SEA
No. 15.
12. Applicant shall pay development fees
(including, but not limited to,
planning, building, and school fees) at
the established rates prior to issuance
of building permits.
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13. Lot 43 shall be modified and shall
include the entirety of the Remainder
Parcel on the final map.
14. Applicant shall prepare, and submit to
the Director of Community Development
for approval prior to the sale of the
first lot of the subdivision, a "Buyer
Awareness Package" which shall include,
but not be limited to, information
pertaining to geologic issues regarding
the property, wildlife corridors, oak
and walnut tree preservation issues, the
existence and constraints pertaining to
SEA No. 15 and Tonner Canyon,
explanatory information pertaining to
restrictions on use of properties as
necessary and similar related matters.
Applicant shall institute a program to
include delivery of a copy of said
"Buyer Awareness Package" to each
prospective purchaser and shall keep on
file in the office of Applicant a
receipt signed by each such prospective
purchaser indicating that the
prospective purchaser has received and
read the information contained within
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the "Buyer Awareness Package."
Applicant shall incorporate within the
CC&Rs a reference to the availability of
the "Buyer Awareness Package" and the
fact that a copy thereof is on file in
the office of the City Clerk of the City
of Diamond Bar.
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.
3992.
ADOPTED AND APPROVED this 2nd day of June
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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: Werner, Forbing, Miller,
MPT/Papen
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: M/Rim
ATTEST : "�JL•C .
da R!i)�;ress,-CAy Cj erk
City ofBatt°
S\1011\TT47851R\D3 6.11F 29