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HomeMy WebLinkAboutRES 91-13RESOLUTION NO. 91-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING ENVIRONMENTAL IMPACT REPORT 91-1 AND CONDITIONAL USE PERMIT 89- 338, AND TENTATIVE TRACT MAP 47722 TO DEVELOP A THIRTEEN LOT RESIDENTIAL DEVELOPMENT ON A NINETEEN ACRE SITE LOCATED WEST OF DERRINGER LANE, NORTH OF RIDGELINE ROAD ADJACENT TO THE COUNTRY DEVELOPMENT, DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. i. Piermarini Enterprises has filed an application requesting the issuance of a Conditional Use Permit (CUP), Tentative Tract Map approval, and has submitted an Environmental Impact Report, analyzing the above-mentioned development project, as described in the title of this resolution, (the project) hereinafter. ii. 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 57476, Title 21 and 22, the City Council 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, 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 subject Application, as to consistency to the General Plan, pursuant to the terms and provisions of California Government Code Section 65360. iv. A duly noticed public hearing on the above -referenced application was conducted and concluded on January 28, 1991, prior the adoption of this Reso]ution. V. All legal prerequisites prior to 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. The Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above -referenced public hearing, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The project relates to a site which is comprised of approximately nineteen acres of vacant hillside land within the R-1-10,000 and R-1-40,000 zoning district and is designated by the Community Plan for non -urban residential development, in one unit or less per acre. The site is generally located west of Derringer Lane, north of Ridgeline Road, and both east and south of The County (development). a The site consists of hilly terrain. A slope analysis indicates that the acreage contains slopes which range from zero to over thirty-five percent. A thirty inch in diameter Southern California Gas Company high pressure gas line traverses the southerly portion of the site. The appli- cant's proposal is for a subdivision of thirteen lots, which will range in size from .5 gross acres to 3.4 gross acres. Building pads range in size from .28 acres to .48 acres. The building units planned for the pads range in size from five to ten thousand square feet. b. The property to the north and west of the project site is zoned R-1-8,000 and presently is developed with detached single family residential dwelling units. The property to the east and south of the project site is zoned R-1-40,000 and presently is vacant and undeveloped. C. The City Council hereby certifies that Environmental Impact Report (EIR 91-1) has been completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and, further, that the City Council has reviewed and considered the information contained in said Environmental Impact Report (EIR 91-1). d. The City Council hereby finds that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental impact thereof as identified in said Environmental Impact Report, Number, EIR 91-1. e. The property is depicted within the Community Plan, as non- urban residential. There is a reasonable probability that the project, as proposed, will be consistent with the proposed General Plan. f. The site is physically suitable for the type of development being proposed as depicted within the Exhibits and as conditioned herein. g. The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantial avoidable injury to wildlife or their habitat. Project impacts have been identified within the Environmental Impact Report and mitigation measures have been proposed and are referenced herein. h. The design of the subdivision and the type of improvements will not cause serious public health problems. i. The site is physically suitable for the proposed type of density and development. j. The design and improvements of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed subdivision. k. The use applied for at the location set forth in the application is property one for which a conditional use permit is authorized by the Los Angeles County Code. 1. The use is not detrimental to the existing uses or to uses specifically permitted within the zone in which the proposed use is to be located. M. The use will be compatible with other uses in the general area in which the use is proposed to be located. n. The site for the proposed use is adequate in size and shape to accommodate the uses in all of the yards, set -backs, walls, fences, landscaping and other features required to adjust the use to the existing or future uses permitted in the neighborhood. o. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. I p. The conditions imposed are necessary to protect the public health, convenience, safety and welfare. q. Based upon the substantial evidence and conclusions set forth herein above, and conditions set forth below in this Resolution, presented to the City Council, public hearing as set forth above, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds the following conditions as deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper. — 1. The development shall conform to all plans as submitted to and approved by the Planning Commission labeled as Exhibits A -I. 2. The development shall incorporate all mitigation measures and conditions as described within EIR 91-1. 3. A mitigation monitoring plan shall be developed by the applicant for review by the City prior to issuance of any grading permit. 4. A final and detailed landscape and full -coverage automatic irrigation system shall be provided prior to the issuance of grading permits and subject to the approval of the Director of Planning. Fence details, tree staking, soil preparation and planting detail shall be shown on final landscape plans. Water con- servation design and maintenance and drought tolerant landscape planting shall be incorporated whenever feasible into the final design of the landscape and irrigation plans for the site. 5. Textured concrete paving shall be provided at the project entry, subject to the approval of the City, to break up large masses of asphalt/concrete areas. 6. The lighting fixtures adjacent to interior property lines shall be approved by the Director of Planning as to type, orientation and height. 7. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupance for those units, and inspection shall be conducted by the Planning Department to determine that the planting is in satisfactory condition. 8. All off-site, landscaping, grading, and other improvements shall be completed prior to the occupancy of any unit. 9. Erosion control plans for all slopes adjacent to major arterial and collector roadways shall be submitted at the time of Grading Plan Review and be approved by the City Engineer. 10. Grading shall be in significant conformance to the Tentative Tract Map and the proposed grading that is approved by the City Council. Surety shall be posted to the satisfaction of the City Engineer and the City Attorney to guarantee completion of the grading within the project. 11. Prior to the issuance of a Grading Permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. 12. Emergency secondary access shall be provide adjacent to -- Lot 8 in accordance with the Los Angeles County Fire Department standards and the City. 13. 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 construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise levels. Transportation of equipment and 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. To the extent permitted by appropriate health authorities, reclaimed water, as available, shall be used for all grading activities. 14. A variety of materials and colors shall be used on the proposed houses to the satisfaction of the Planning Director. 15. A copy of the Covenants, Conditions and Restrictions (CC&R's and Articles of Incorporation of the Homeowners' Association or annexation to "The Country" Homeowners' Association), subject to the approval of the City Attorney, shall be recorded with this map and placed on file with the Planning Department. 16. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances and regulations in effect at the time of issuance of relative permits. 17. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 18. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before one (1) year after the expiration of the appeal period. 19. The applicant shall pay all environmental review and processing fees prior to recordation of the tract map as required by the Director of Planning. 20. The applicant shall but not limited to, school fees) at the of Building Permits, Planning. pay development fees (including, Planning, Building, Park, and established rates prior to issuance as required by the Director of 21. The applicant shall pay all engineering fees at the established rates as required by the City Engineer. 22. The applicant shall comply with all conditions as listed within Exhibit "A" which is comprised of a four page interoffice memorandum from the City Engineer to the Director of Planning, dated January 23, 1991, and attached hereto. 23. Dwelling units in excess of 5,000 square feet of gross floor area shall have minimum side yard setbacks of ten (10) feet and fifteen (15) feet from the edge of the property line. 24. Crib walls may be allowed.adjacent to Lots 4 and 5 if all reasonable efforts have been made to implement the preferred option (either filling the hole in the catch basin or leaving it alone) to the satisfaction of the City Engineer and the Director of Planning. Based upon the substantial evidence, conclusions and conditions set forth herein above, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby approves the applications referenced herein. The City Clerk is hereby directed (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Piermarini Enterprises, Inc., 2100 South Reservoir, Pomona, Ca 91766. PASSED, APPROVED AND ADOPTED this 9th day f March , 1991. I nA A ALX YOR v I, LYNDA BURGESS, City Clerk of the City"`olf Diamond Bar do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of March, 1991, by the following vote: AYES: COUNCILMEMBERS - Kim, Papen, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None ABSTAINED: COUNCILMEMBERS - Nardella. ATTEST: LYNDA BURGESS, City Clerk City of Diamond Bar