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HomeMy WebLinkAboutPC 91-02RESOLUTION NO. PC 91-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING ENVIRONMEN- TAL IMPACT REPORT 91-1 AND CONDITIONAL USE PERMIT 89-338, AND TENTATIVE TRACT MAP 47722 TO DEVELOP A THIRTEEN LOT RESIDENTIAL DEVEL- OPMENT ON A_ NINETEEN ACRE SITE LOCATED WEST OF DERRINGER LANE, NORTH OF RIDGELIKE ROAD ADJACENT TO THE COUNTRY DEVELOPMENT, DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUP- PORT THEREOF. A. Recitals. i. Piermarini Enterprises has filed an. application request- ing the issuance of a Conditional Use Permit (CUP), Ten- tative Tract Map approval, and has submitted an Environ- mental Impact Report, analyzing the above-mentioned de- velopment project, as described in the title of this, resolution, (the project) hereinafter ii. On April 18, 1989, the City of Diamond Bar was estab- lished as,a duly organized municipal corporation of the State of California. On said date, pursuant to the re- quirements 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 applica- tions, 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, ac- tion was taken on the subject Application, as to consis- tency 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 281 1991, prior to the adoption of this Resolution. V. All legal prerequisites prior to this Resolution have occurred. - B. Resolution. Now, therefore, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Commission hereby 'specifically finds that all the facts set forth in the Recitals, Part A, of this Resolu- tion are true and correct. - ��wu ���-.p - �- x, _ - - 2. Based upon substantial evidence presented to this Com- mission during the above -referenced public hearing, in- cluding written and oral staff reports, together with public testimony, this Commission 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 (develop- ment). 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 Cali- fornia Gas Company high pressure gas line travers- es 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. d. The Planning Commission hereby finds that changes ! or alterations have been required in, or incorpo- rated into, the project which mitigate or avoid the significant environmental impact thereof as identified in said Environmental Impact Report, Number, EIR 91-1. J' e. The property is depicted within the Community /4i_ Plan, as non -urban residential. There is a rea- sonable probability that the project, as proposed, will be consistent with the proposed General Plan. 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 Planning Commission hereby certifies that En- vironmental Impact Report (EIR 91-1) has been com- pleted in compliance with the California Environ- mental Quality Act of 1970, as amended, and the \ guidelines promulgated thereunder, and, further, that the Planning Commission has reviewed and con- sidered the information contained in said Environ- mental Impact Report (EIR 91-1). d. The Planning Commission hereby finds that changes ! or alterations have been required in, or incorpo- rated into, the project which mitigate or avoid the significant environmental impact thereof as identified in said Environmental Impact Report, Number, EIR 91-1. J' e. The property is depicted within the Community /4i_ Plan, as non -urban residential. There is a rea- sonable 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 environ- mental 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 im- provements 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 subdi- vision will not conflict with public easements for access through or use of property within the pro- posed subdivision. k. The use applied for at the location set forth in the application is property one for which a. condi- tional 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 neighbor- hood. 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. p. The conditions imposed are necessary to protect the public health, convenience, safety and welfare. q. Based upon the substantial evidence and conclu- sions set forth herein above, and conditions set forth below in this Resolution, presented to the - - --- ... - - u -LL Commission, public hearing as set forth above, this Commission, 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 mitiga- tion measures and conditions as described within EIR 91-1. 3. A mitigation monitoring plan shall be devel- oped by the applicant for review by the City prior to issuance of any grading permit. 4. A final and detailed landscape and full -cov- erage automatic irrigation system shall be provided prior to the issuance of building 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 conservation 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 as- phalt/concrete areas. 6. The lighting fixtures adjacent to interior property lines shall be approved by the Di- rector 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 conduct- ed by the Planning Department to determine that the planting is in satisfactory condi- tion. 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 Engi- neer. 10. Grading shall be in significant conformance to the Tentative Tract Map and the proposed grading that is approved by the Planning Com- mission. Surety shall be posted to the sat- isfaction of the City Engineer and the City Attorney to guarantee completion of the grad- ing 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 r a.m. to 5:0-0 p.m. Monday through Saturday, except that interior construction activities yw✓ shall not be limited. All construction equip- ment 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 stag- ing areas shall be sited on the subject prop- erty. Dust generated by construction activi- ties shall be reduced by watering the soil prior to and during grading activities. 14. A variety of materials and colors shall be used on the proposed houses to the satisfac- tion of the Planning Director. 15. A copy of the Covenants, Conditions and Re- strictions (CC&R's and Articles of Incorpora- tion of the 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 HI adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Na- tional Electric Code, and all other applica- ble codes, ordinances and regulations in ef- feet at the time of issuance of relative per- mits. 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 inci- dental thereto shall be started on or before the time limit specified herein and thereaf- ter diligently advanced on or before one (1) year after the expiration of the appeal peri- od. 19. The applicant shall pay all environmental review and processing fees prior to recorda- tion of the tract map as required by the Di- rector of Planning. 20. The applicant shall pay development fees (in- cluding, but not limited to, Planning, Build- ing, Park, and school fees) at the estab- lished rates prior to issuance of Building Permits, as required by the Director of Plan- ning. 21. The applicant shall pay all engineering fees at the established rates as required by the City Engineer. P 22. The applicant shall comply with all condi- tions as listed within Exhibit "A" which is comprised of a four page interoffice memoran- dum from the City Engineer to the Director of Planning, dated January 23, 1991, and at- tached hereto. 23. Tennis courts may be allowed, with a maximum six (6) foot wall, and no lighting. If the lot is by itself without a house structure, the wall of the tennis court could go to eight (8) feet high. 24. 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. 25. Crib walls may be allowed if all reasonable efforts have been made to implement the pre- ferred option (either filling the hole in the catch basin or leaving it alone) to the sat- isfaction of the City Engineer and the Direc- for of Planning. Based upon the substantial. evidence, conclusions and conditions set forth herein above, this Commission, in conformance with the terms and provisions of California Government Code Section 65360, hereby approves the applications referenced herein. The Planning Commission Secretary i -s hereby directed (a) to certi- fy 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. I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the forgoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 28th day of Jan- uary, 1991, by the following vote: AYES: COMMISSIONERS: Grothe•, Lin, MacBride, VC Harmony, Chairman Schey NOES: ABSENT: ABSTAINED: ATTEST: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Sec et ary to the Planning Commission