HomeMy WebLinkAboutRES 90-37RESOLUTION NO. 90-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING ENVIRONMENTAL
DETERMINATION FOR PARCEL MAP 15625 AND A
REQUEST TO SUBDIVIDE A PARCEL OF REAL PROPERTY
INTO FOUR (4) LOTS. THIS PARCEL IS LOCATED AT
525 S. GRAND AVE., DIAMOND BAR, CALIFORNIA,
MAKING FINDING IN SUPPORT THEREOF AND IMPOSING
CONDITIONS THEREON.
A. Recitals.
b (i) Emad Hamdy, an agent for Russel Hand, heretofore filed
an application for approval to subdivide a parcel into
four (4) lots, denominated as Parcel Map 15625, located
at 525 S. Grand Ave., City of Diamond Bar, California.
Hereinafter in this Resolution, the subject parcel map
is referred to as "the Parcel Map."
(ii) The City Council of the City of Diamond Bar, on
March 20, 1990, conducted a duly noticed public hearing
on said application and concluded said public hearing
on that date.
(iii) 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. This City Council hereby specifically finds that all
of the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
�-, 2. This City Council hereby finds and determines that the
Parcel Map shall receive a Negative Declaration as
provided in the California Environmental Quality Act
of 1970, as amended, pursuant to the provisions of 2
California Code of Regulations Section 15301 (Class 1).
3. Based upon substantial evidence presented to this
Council during the above -referenced March 20, 1990
hearing, and oral testimony provided at the hearing,
this Council hereby specifically finds as follows:
(a) The Subdivision applies to property presently
zoned C-3 located at 525 S. Grand Ave. , City of
Diamond Bar, California, and consists of
approximately 4.8 acres of land;
(b) The properties to the north are zoned residential
and are located in the City of Industry. To the
east, south, and west, the property is bounded by
the Pomona Frwy and zone Open Space and is
developed by the Diamond Bar Golf Course.
(c) The property is projected to be depicted within
the Commercial category of the General Plan;
(d) The site is physically suitable for the Parcel Map
and is generally level to sloping and has access
to City -maintained streets;
(e) The Parcel Map will not adversely affect the
health, peace, comfort or welfare of persons
residing or working in the surrounding area nor
will the Parcel Map be materially detrimental to
the use, enjoyment or valuation of property of
other persons located in the vicinity of the
Parcel Map, nor will the Subdivision jeopardize,
endanger or otherwise constitute a menace to the
public health, safety or general welfare;
(f) The proposed site is adequate in size and shape
to accommodate the yards, walls, fences, parking
and loading facilities, landscaping and other
development features required pursuant to the
ordinances of the City of Diamond Bar;
(g) The proposed site is adequately served by highways
or streets of sufficient width and improved as
necessary to carry the kind and quantity of
traffic and other public or private service
facilities as are required.
4. Based upon the findings and conclusions set forth
herein above, this Council, in conformance with the
terms and provisions of California Government Code
Section 65360, hereby finds as follows:
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(a) There is a reasonable probability that the Parcel
Map will be consistent with the proposed General
Plan;
(b) There is little or no probability that the Parcel
Map will be of substantial detriment to, or
interfere with, the proposed general plan for the
area of the subject site; and
(c) The Parcel Map, as proposed and conditioned
herein, complies with all other applicable
requirements of State law and local ordinances.
5. Based upon the findings and conclusions set forth above
and the conditions set forth below in this Resolution,
this Council hereby approved the said Parcel Map
subject to each and every condition set forth herein.
6. The City Council hereby imposes the following
reasonable conditions:
(a) This grant shall not be effective for any purpose
until the permittee and the owner of the property
involved (if other than the permittee) have filed
at the City Planning Office their affidavit
stating that they are aware of, and agree to
accept, all of the conditions of this grant.
(b) The permittee shall defend, indemnify and hold
harmless the City, its agents, officers, and
employees from any claim, action, or proceeding
against the City or its agents, officers, or
employees to attack, set aside, void or annul this
permit approval, which action is brought within
the applicable time period of Government Code
Section 65907. The City shall promptly notify the
permittee of any claim, action, or proceeding and
the City shall cooperate fully in the defense.
If the City fails to promptly notify the permittee
of any claim, action or proceeding, or if the City
fails to cooperate fully in the defense, the
permittee shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
(c) This grant will expire unless exercised within one
year from the date of approval. A one-year time
extension may be requested before the expiration
date.
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(d) If any provision of this grant is held or declared
to be invalid, the permit shall be void and the
Privileges granted hereunder shall lapse.
(e) The subject property shall be maintained and
operated in full compliance with the conditions
of this grant and any law, statute, ordinance or
other regulations applicable to any development
or activity on the subject property. Failure of
the permittee to cease any development or activity
not in full compliance shall be a violation of
these conditions.
(f) Notice is hereby given that any person violating
a provision of this grant is guilty of a
misdemeanor. Notice is further given that the
City Council, after conducting a public hearing,
revoke or modify this grant, if it finds that
these conditions have been violated or that this
grant has been exercised so as to be detrimental
to the public health or safety or so as to be a
nuisance.
(g) This grant allows the existing parcel to subdivide
into four (4) lots with the following restrictions
on use:
(1) See attachments "Exhibit A" entitled
Conditions of Approval For Parcel Map 15625.
(h) The Parcel Map shall comply with all requirements
of the State of California and the Subdivision Map
Act. Before recording the Final Map, the City
Engineer shall certify that the Final Map is in
major compliance with the approved map and
conditions.
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(i) Three copies of a Final Map, similar to the Parcel
Map as presented at the public hearing and
conforming to such, shall be submitted for
approval of the Director of Planning:
(j) The subject property shall be developed and
maintained in substantial compliance with the
plans on file. In the event that the subsequent
revised plans are submitted, the written
authorization of the property owner is necessary.
(k) All requirements of the Zoning Ordinance and of
the specific zoning of the subject property must
be complied with unless otherwise set forth in
these conditions or shown on the approved plans.
(1) The subject facility shall be maintained in
compliance with requirements of the Los Angeles
County Department of Health Services. Adequate
water and sewage facilities shall be provided to
the satisfaction of said Department.
(m) Upon receipt of this Resolution, the permittee
shall contact the Fire Prevention Bureau of the
Los Angeles County Forester and Fire Warden to
determine what facilities may be necessary to
protect the property from fire hazard. Any
necessary facilities shall be provided as may be
required by said Department.
(n) All structures shall conform with the requirements
of the Department of Building and Safety as
recommended by City Council.
CONDITIONS OF APPROVAL
FOR PARCEL MAP 15625
1. Details and notes shown on the tentative map are not necessarily
approved. Any details or notes which may be inconsistent with re-
quirements of ordinances, general conditions of approval, or Depart-
ment policies must be specifically approved in other conditions, or
ordinance requirements are modified to those shown on the tentative
map upon approval by the Advisory agency.
2. The distances from the proposed lot/parcel lines to the buildings
which are to remain must be shown. If such distances will create non-
conforming conditions under Building Code Chapters 5, 18, 19 and 21 or
Zoning Ordinance requirements, such lot/parcel lines shall be relocat-
ed or the non -complying conditions of the buildings shall be corrected
prior to the division of land.
3. Easements are tentatively required, subject to review by the Di-
rector of Public Works to determine the final locations and require-
ments.
4. Easements shall not be granted or recorded within areas proposed
to be granted, dedicated or offered for dedication for public streets,
highways, access rights, building restriction rights, or other ease-
ments until after the final map is filed with the County Recorder. If
easements are granted after the date of tentative approval, a subordi-
nation must be executed by the easement holder prior to the filing of
the final map.
5. In lieu of establishing the final specific locations of struc-
tures on each lot/parcel at this time, the owner, at the time of issu-
ance of a grading or building permit, agrees to develop the property
in conformance with the County Code and other appropriate ordinances
such as the Building Code, Plumbing Code, Grading Ordinance, Highway
Permit Ordinance, Mechanical Code, Zoning Ordinance, Undergrounding of
Utilities Ordinance, Water Ordinance, Sanitary Sewer and Industrial
Waste Ordinance, Electrical Code, and Fire Code. Improvements and
other requirements may be imposed pursuant to such codes and ordinanc-
es.
6. All easements existing at the time of final map approval must be
accounted for on the approved tentative map. This includes the loca-
tion, owner, purpose and recording reference for all existing ease-
ments. If an easement is blanket or indeterminate in nature, a state-
ment to that effect must be shown on the tentative map in lieu of its
location. If all easements have not been accounted for, submit a cor-
rected tentative map to the Department of Regional Planning for ap-
proval.
7. A final parcel map must be processed through the City Engineer
EXHIBIT "A"
prior to being filed with the County Recorder.
8. Prior to submitting the parcel map to the City Engineer for his
examination pursuant to Section 66450 of the Government Code, obtain
clearances from all affected Departments for the following mapping
items: mathematical accuracy; survey analysis; and correctness of
certificates, signatures, etc.
9. If signatures of record title interests appear on the final map,
a preliminary guarantee is needed. A final guarantee will be re-
quired. If said signatures do not appear on the final map, a title
report\guarantee is needed showing all fee owners and interest holders
and this account must remain open until the final parcel map is filed
with the County Recorder.
10. Provide standard property line return radii of thirteen (13) feet
at all local street intersections, including intersection of local
streets with General Plan Highways, and twenty-seven (27) feet where
all General Plan Highways intersect, or to the satisfaction of the De-
partment.
11. Driveways to be abandoned shall be replaced with standard curb,
gutter, and sidewalk.
12. Repair any broken or damaged curb, gutter, sidewalk, and pavement
on streets within or abutting the subdivision.
13. All utility lines shall be underground per Section 21.24.400, of
Title 21 of Diamond Bar City Code. Contact Construction Division at
(818) 458-3141 for new location of any above ground utility structure
in parkway.
14. Prior to final approval, the subdivider shall enter into an ag-
reement with the County franchised cable t. v. operator (if an area
served) to permit the installation of cable in a common utility
trench.
15. Dedicate right of way fifty (50) feet from centerline on Brand
Avenue (unless already dedicated). Dedicate right of way on Brea Can-
yon Road to the Department's satisfaction.
16. Dedicate the right to restrict vehicular access on Grand Avenue.
17. Construct sidewalks on Brea Canyon Road.
18. Street lights are required on Brea Canyon Road and Grand Avenue
to the satisfaction of the Department. Contact Street Lighting Sec-
tion, (818) 458-5926.
19. Plant street trees on Grand Avenue and Brea Canyon Road.
20. A traffic study is required to the satisfaction of the Depart -
EXHIBIT "A"
- ment. Comply with any additional requirements, if any, as a means of
mitigating any traffic impacts as identified n the traffic study ap-
proved by this Department. If a Bridge and Thoroughfare District is
formed and if signals identified in the study are included as facili-
ties specifically identified for inclusion in that approved District,
then the amount and eligibility for a credit against your District
obligation may be given if approved by the City Engineer.
21. Construct full width sidewalks on Grand Avenue along Parcels 2
and 4.
22. Easements are required, subject to review by the Director of Pub-
lic Works to determine the final locations and requirements (on lot 3
in favor of lot 4).
23. A deposit is required to review documents and plans for final map
clearance in accordance with Section 21.36.010(c) of the Subdivision
Ordinance.
24. The subdivider must obtain written permission from the Outlet
Agency (City of Industry) to discharge sewerage into their facility.
25. Portions of the property are subject to sheet overflow.
26. Necessary support documents to comply with the following require-
ments must be approved to the satisfaction of the City Engineer prior
to filing of the final map:
1. Show on the final map the County's/Flood Control District's
right of way for PD1782. A permit will be required for any
construction affecting the right of way of facilities.
2. Provide for the proper distribution of drainage.
3. Provide for contributory drainage from adjoining properties.
27. A deposit is required to review documents and plans for final map
clearance in accordance with Section 21.36.010(c) of the Subdivision
Ordinance.
28. A grading plan must be submitted and approved prior to approval
of the final map. The report, based upon adequate test borings or
excavations, shall:
1. describe any soil or geologic condition(s) which, if not
corrected might lead to structural damage slope failure, and
2. recommend action likely to prevent structural damage or
slope failure. A soil expansion index test is required and
shall be done in accordance with the procedures of UBC Std.
No. 29-2.
EXHIBIT "A"
29. A water system with appurtenant facilities to serve all lots/par-
cels in the land division must be provided. The system shall include
fire hydrants of the type and location as determined by the Forester
and Fire Warden. The water mains shall be sized to accommodate the
total domestic and fire flows.
30. There shall be filed with the Department a statement from the
water purveyor indicating that the water system will be operated by
the purveyor and that under normal operating conditions, the system
will meet the requirements for the land division, and that water ser-
vice will be provided to each lot/parcel.
31. Easements shall be granted to the City, appropriate agency or
entity for the purpose of ingress, egress, construction and main-
tenance of all infrastructure constructed for this land division to
the satisfaction of the Department.
32. Provide water mains, fire hydrants and fire flows as re-
quired by the County Forester and Fire Warden for all land shown on
the map to be recorded.
33. All required fire hydrants shall be installed, tested and accept-
ed prior to construction. Vehicular access must be provided and main-
tained serviceable throughout construction.
34. Fire Department access shall extend to within one hundred fifty
(150) feet distance of any portion of structures to be built.
35. The private driveway shall be indicated on the final map as "FIRE
LANES" and shall be maintained in accordance with the Los Angeles
County Fire Code, Section 10.207.
36. Provide Fire Department approved street signs and building ad-
dress numbers prior to occupancy.
37. All on site roadway/ driveways serving these properties shall
provide a minimum unobstructed width of twenty-six (26) feet clear to
the sky to within one hundred fifty (150) feet of all portions of the
exterior walls of the first story or any building previous.
38. The required fire flow for public fire hydrants at this location
is five thousand (5,000) gallons per minute at twenty (20) psi for a
duration of five (5) hours, over and above maximum daily domestic de-
mand.
39. Fire hydrant requirements are as follows: Install four (4) Pub-
lic Fire Hydrant(s).
40. Fire hydrants shall measure 6" x 4" x 2 1/2" brass or bronze,
conforming to current AWWA standard C503 or approved equal. All hy-
drants shall be installed a minimum of twenty-five (25) feet from a
structure or protected by a two (2) hour fire wall. Location as per
EXHIBIT "A"
map on file with this office.
41. All required fire hydrants shall be installed, tested and accept-
ed prior to construction. Vehicular access must be provided and main-
tained serviceable throughout construction.
42. Provide fire flow date.
43. The Los Angeles County Department of Health Services recommends
the sanitary sewers be installed to serve proposed Parcel Map No.
15625.
44. The owner's statement indicates that domestic water will be sup-
plied by Walnut Valley Water District.
45. The development program shall run concurrently on the parcels,
exclusive of ownership, timing, phasing or development of the lots,
for the duration of the parcel map.
EXHIBIT "A"
7. This Council hereby provides notice to the Emad Hamdy
and Russell Hand 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 Section 1094.6.
9. The City Clerk is hereby directed to certify to the
adoption of this Resolution and, by certified mail,
return receipt requested, forward a copy to the Emad
Hamdy and Russell Hand at its address of record as set
forth in the application for said Parcel Map.
PASSED, ADOPTED AND APPROVED this 20 day of March, 1990.
LYNDA BURGESS, City Clerk, of the City of Diamond Bar do hereby
certify that the foregoing Resolution was passed, adopted and
approved at a regular meeting of the City Council of the City of
Diamond Bar held on the 20th day of March 1990, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Forbing, Horcher, Miller
Mayor Pro Tem Werner and
None Mayor Papen
None
None
ATTEST:
City Cl' rof the City bf biamnd_Bar
C.1