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