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HomeMy WebLinkAboutPC 91-22RESOLUTION NO. 91-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA CERTIFYING MASTER ENVIRONMENTAL IMPACT REPORT APPROVING HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT/OAK TREE PERMIT 89-584, FOR A PROJECT LOCATED IN NORTHERN TONNER CANYON, WITHIN SEA NO. 15, EASTERLY OF STEEPLECHASE LANE AND EXTENDING SOUTH AND EASTERLY OF WAGON TRAIN LANE ON WINDMILL DRIVE, IN DIAMOND BAR, CALI- FORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Dr. Al LaPeter, 3020 Windmill Dr., California, has heretofore filed an application for certification of a Master Environmental Impact Report and Hillside Management and Significant Ecological Area Conditional Use Permit/Oak Tree Permit, as described in the title of this Resolution. Hereinafter in this Resolution 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. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its'Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances 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, in- cluding 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' proposed General Plan, pursuant to the terms and provisions of California Government Code Section 65360. (iv) On September 23, 1991, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on November 25,1991. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Plan- ning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Planning Commission hereby finds that the project has been required to prepare an Environmental Impact Report in compliance with the E California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and further, this Planning Commission has reviewed and considered the information in reference to the application. 3. The Planning Commission hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. Based on the substantial evidence presented to this Commission during the above -referenced public hearing on September 23, 1991, and concluded on November 25, 1991, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360, this Commission hereby specifically finds as follows: �. a. The project is located in part within SEA NO. j 15 off Steeplechase Lane and Wagon Train Lane on Windmill Dr. and adjacent to the private gated community known as "The Country". b. The use is compatible with adjacent uses and is in compliance with the zoning standards, the Community General Plan, and the mitigation measures cited in the SEATAC Final Report and MEIR 91-2. C. The surrounding land uses to the north and west are single family and multi -family residential and to the south and east the land is primarily vacant and natural. d. Granting the conditional use permit with conditions and restrictions hereinafter mentioned will not be in substantial conflict with any com- ponents of the proposed General Plan; The proposed site has adequate traffic access and said site is adequately served by other public or private service facilities which it requires, and; r_7 The location of the proposed land use does not 1 adversely affect the health, peace, comfort or welfare of persons residing or working in the sur- rounding area, and will not be materially detri- mental to the use, enjoyment, or valuation of pro- perty of other persons located in the vicinity of the site, and will not jeopardize, endanger, or 4 otherwise constitute a menace to the public health, safety or general welfare. e. The City of Diamond Bar is presently reviewing its draft General Plan and the final General Plan is to be adopted within the statutory time period as extended. It is reasonably probable that the project and land uses proposed by the Applicant will be consistent with the final General Plan on the basis of comparison of the same with the draft General Plan and the comments generated in respect to the same. Given the development abutting and adjacent to the subject site, and the conditions and design standards applied to this project proposals, there is little or no probability of substantial detriment to or interference with the finally adopted General Plan if the project is ultimately inconsistent with the General Plan. The project, as conditioned, is in compliance with all applicable laws, regulations, policies and standards. f. The Planning Commission hereby certifies that Environmental Impact Report No. E.I.R. No. 91-2 has been completed in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further, that the Planning Commission has reviewed and considered the information contained in said Environmental Impact Report No. E.I.R. No. 91-2. g. The Planning Commission 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 No. E.I.R. No. 91-2. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to the re- strictions and conditions listed on the attached Exhibits "B-1, B-2, and B-3" as to use: 6. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Reso- lution, to Dr. Al LaPeter at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 25TH AY OF NOVEMBER, 1991 BY THE PLANNING COMMISSIO OF T E.-C Y OF AMOND BAR. BY: JaW Grothe Chairman ATTESTLA James DeStefan , Secretary I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolu- tion was duly introduced, passed, and adopted by the Planning Com- mission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of November, 1991, by the following vote -to -wit: AYES: [COMMISSIONERS:] GROTHE, MACBRIDE, HARMONY, SCHEY NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: (COMMISSIONERS:) LIN EXHIBIT B -1B. CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 89-584 1. The site shall be developed and maintained in accordance with the approved Vesting Tract Map and plans reviewed by the Planning Commission and City Council as revised by these conditions of approval. 2. The approval of Vesting Tentative Tract Map No. 48487 is granted subject to the approval of Hillside Management and Significant Ecological Area Conditional Use Permit/Oak Tree Permit No. 89- 584. 3. The approvals incorporate all mitigation measures and conditions listed within the SEATAC Final Report Dated April 8, 1991 and Master Environmental Impact Report No. 91-2. 4. A mitigation monitoring program outlined within MSIR 91-2 shall be prepared by the developer and submitted to the City for review and approval 30 days prior to the issuance of a grading permit. 5. Should a conflict exist between the conditions or mitigation measures outlined within the Master Environmental Impact Report, SEATAC Report on Project Conditions, said conflict will be presented to the Director of Community Development for resolution. 6. The project shall be designed so as to substantially comply with the CC&Rs implemented by the adjacent development heretofore known as "The Country". The CC&Rs should incorporate, at a minimum, provisions which would establish a maintenance program for the urban pollutant basins, and all mitigation measures within the SEATAC report, such that wildlife movement corridors are left in an undisturbed and natural state. 7. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Community Development Department review and approval prior to issuance of building permits. 8. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.). 9. 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 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 w shall be reduced by watering the soil prior to and during grading activities. Use of reclaimed water shall be used whenever possible. 10. The construction staging area, including building pad, material stock pile and equipment storage areas, shall be enclosed with a maximum V fence of chain link or similar material. All access points in the fence shall be locked whenever the construction site is unsupervised. 11. All ground -mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Community Development Department. 12. The development of future residential structures shall incorporate: a. Building forms complementary to the hillside character. b. Building facades utilizing plane changes and architectural treatments to modulate and reduce massive forms. C. Vary roof pitches to avoid a monotonous application while reflecting the naturally occurring ridgeline silhouettes. Avoid flat roofs. d. Avoid cantilevered construction, exposed structures, and stem wall construction. e. All proposed roofing material shall provide variation in color, thickness, and architectural style. A composite sample shall besubmitted to and approved by the � Planning Division prior to issuance of building g permits. f. A variety of materials and colors shall be used on the proposed houses to the satisfaction of the Community Development Director. g. Residential development standards contained within the Hillside Management Ordinance (Ord. No. 14A (1990) 13. All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and substantial delineation of surface treatments subject to City- Development ityDevelopment Review. 14. Residential dwelling units shall utilize varying setbacks incorporating: !'. a. Front yards of not less than twenty-five (25) feet from the property line. b. Side yards of not less than ten (10) feet and fifteen (15) feet from the edge of the buildable pad. The distance between dwelling units shall be a minimum of forty (40) feet. C. Rear yards of not less than twenty five ( 25 ) feet from the edge of the buildable pad. d. Accessory structures may be permitted utilizing setbacks consistent with the residential zoning designation for the property at the time of permit issuance. e. Pads of .25 acres or less may vary from the established setbacks subject to Development Review. 15. A written development phasing plan for this project shall be submitted to the Director of Community Development for review and approval. 16. All proposed residential dwelling units shall be submitted for City review pursuant to the requirements of the Development Review'Ordinance prior to the issuance of any building permits for construction of said unit(s). 17. A detailed on-site lighting plan shall be reviewed and approved by the City prior to the issuance of building permit. Such plan shall indicate style, illumination, location, height, and method of shielding; so as not to adversely affect adjacent properties. 18. 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 and approval prior to the issuance of building permits or prior to final map approval. Fence details, tree staking, soil preparation, planting details and the automatic irrigation systems and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. 19. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. 21. A detailed tree removal map shall be prepared illustrating the specific oak trees to be removed. The maximum number of oak trees to be removed is fourteen (14). The replacement ratio for oak trees is four (4) replacement trees for each oak removed (4:1 ratio). The removal of Walnut trees shall also be illustrated on the map and replaced at a 4:1 ratio. 22. 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. 23. Trees are prohibited within 5 feet of the outside diameter of any storm drain pipe measured from the outer edge of a mature tree trunk 24. All private slopes in excess of 5 feet in vertical height or 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15 -gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gallon or larger size shrub each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and of 2:1 or greatef slope shall also include one 5 -gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 25. 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 occupancy for those units, an inspection shall be conducted by the Planning Division to determine compliance with this condition. 26. Emergency secondary access from Tract 48487 shall be provided in accordance with Fire Protection District Standards and requirement of the City Engineer. 27. Emergency access shall be provided, maintenance free and clear, a minimum of 26 feet wide at all times during construction in accordance with Fire Department requirements. 28. Prior to issuance of building permits -for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire protection system. 29. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes, ordinances, and regulations in effect at the time of issuance of relativep ermits 30. Prior to issuance of any permits the applicant shall pay all environmental and development fees at the established llshed rates. 31. The applicants for tracts 47850, 47851, and 48487 shall contribute $20,000 as theirro rata share for the Ecological p g Concept Study for Tonner Canyon and SEA No. 15. 32. The applicant shall pay development fees (including, but not limited to, Planning, Building, Park, and school fees) at the established rates prior to issuance of Building Permits, as required by the Community Development Director. .w... r,a .- —,— -.,.�_ — ­ _ . 33. Street addresses shall be provided by the City Engineer after tract map recordation and prior to issuance of building permits. 34. The final grading plans shall be completed and approved prior to I' issuance of building permits. 35. The final map shall clearly delineate and dedicate to the City the right to prohibit the construction of buildings (or other structures) within those areas to be designated on the map as building restriction areas. 36. The location of the fences and retaining walls demarcating the construction rights prohibited area shall be clearly delineated on the final map and the location line clearly shown on the final map. 37. 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 two (2) years after the expiration of the appeal period. A one year extension may be requested and granted. 38. Prior to finalization of any development phase, sufficient improvement plans 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 approved tentative map. 39. The discharge of sewage from this land division into the public sewer system must not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. A letter of compliance from California Water Quality Control Board must be submitted to the City prior to construction permits. 40. Based on soils and hydrology studies the applicant shall provide a plan for review and approval by the City Engineer and the co - permittees related thereto pursuant to the MPDES. ,that the Urban Polutant Basin is' adcquatcly locatcd and dcsigncd to function in rcopcct to the subdivision dcsign. 41. The urban pollutant basins should be maintained by the developer or it's successor in interest in conformance with, and to all applicable standards. The developer shall convey to the City the nonexclusive right to maintain at its sole election such urban pollution basins in the event the party responsible fails to so maintain said basins.