HomeMy WebLinkAboutPC 91-25RESOLUTION NO. 91-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
4.� DIAMOND BAR, CALIFORNIA', RECOMMENDING TO THE CITY COUNCIL
CERTIFICATION OF 14ASTERIENVIRONMENTAL IMPACT REPORT 91-2
AND APPROVAL OF VESTING',TENTATIVE TRACT 48487, FOR A 15
LOT SUBDIVISION LOCATED IN NORTHERN TONNER CANYON, WITHIN
SEA NO. 15, OFF OF STEEPLECHASE LANE AND WAGON TRAIN LANE
ON WINDMILL DRIVE, IN DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Dr. Al LaPeter', 3020 Windmill Dr., California, have
heretofore filed an application for certification of Master
Environmental Impact Report 91-2 and approval of a Vesting
Tentative Tract Map, as described in the title of this Resolution.
Hereinafter in this Resolution referred to as "the application".
(ii) On April 181, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the State
of California. On said dater 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:
-i 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
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 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.
15 off Steeplechase Lane and Wagon Train Lane on
Windmill Drive 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 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 Vesting Tentative Tract Map 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;
The location of the proposed land use does not
adversely affect the health, peace, comfort or
welfare of persons residing or working in the sur-
rounding area, and will not be materially detri-
�J 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
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 recommends that
the City Council review and certify that
Environmental Impact Report No. EIR 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. 91-2.
5. Based on the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission
hereby recommends that the City Council approve
the application subject to the restrictions and
conditions listed on the attached Exhibits 11B-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) Transmit this recommenation to the City Clerk for
submittal to the City Council.
(c) 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 DAY OF NOVEMBER, 1991
BY THE PLANNING COMMISS N OF -HE'Te0IAMOND BAR.
BY:
J6ik Grothe, Chairman
ATTEST
J es De5tefar_o, ecretary
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, HARMONY, MACBRIDE, SCHEY
NOES: [COMMISSIONERS:]
ABSTAIN: [COMMISSIONERS:]
ABSENT: (COMMISSIONERS:) LIN
EXHIBIT B -1A. CITY OF DIAMOND BAR
DEPARTMENT OF COMMUNITY DEVELOPMENT
CONDITIONS OF APPROVAL FOR VESTING
TENTATIVE TRACT MAP NO. 48487.
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 MEIR 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
4, 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 preparation of Covenants, Conditions, and Restrictions
(CC&Rs) and Articles of Incorporation of Homeowners' Association
are required and are subject to the approval of the Planning and
Engineering Divisions and the City Attorney. They shall be
recorded concurrently with the Final Map or prior to the
issuance of building permits, whichever occurs first. A
recorded copy shall be provided to the City Engineer.
7. 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.
8. Onc additional dwclling unit may be addcd subjcct to the rcvicw
and approval of the Director of Community Dcvclopmcnt.
9. Exterior construction activities (grading, framing, etc.) shall
rF 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
y,,� 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. Use of reclaimed water shall be used
whenever possible.
10. 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.
11. All down drains and drainage channels shall be constructed in
muted earth tones so as to_not impart adverse visual impacts.
12. All oak trees and walnut trees shall be replaced at the ratios
and locations exhibited in EIR 91-2.
13. 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:,
14. Emergency secondary access from Tract 48487 shall be provided in
accordance with Fire Protection District Standards and
requirement of the City Engineer.
15. Prior to issuance of any permits the applicant shall pay all
environmental and development fees at the established rates.
16. The applicants:, for tracts 47850, 47851, and 48487 shall
contribute $20,000 as their pro rata share for the Ecological
Concept Study for Tonner Canyon and SEA No. 15.
17. 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 thelCommunity Development Director.
18. Street addresses shall be provided by the City Engineer after
tract -map recordation and prior to issuance of building permits.
19. The final grading plans shall be completed and approved prior to
issuance of building permits.
20. The final map stall 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.
21. The location of the fences and retaining walls demarcating the
construction rights prohibited area shall be clearly delineated
on the final map and the locations line clearly shown on the
final map.
22. 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.
i e
a
` CITY OF DIAMOND BAR
j
INTEROFFICE MEMORANDUM
DATE: March 27, 1992
TO: Department of Community Development, Planning
FROM: Department of Public Works, Engineering
SUBJECT: TENTATIVE TRACT MAP NO.48487 DATE SEPTEMBER 19, 1991
Tentative Tract Map No. 48487 has been recommended for approval by
the office of the. City Engineer subject to the following
conditions.-
SUBDIVISION
onditions:
SUBDIVISION
1.
All easements existing prior to final map approval must be
identified.
If an easement is blanket or indeterminate in
nature, a statement to that effect must be shown
on the final
map in lieu of its location.
2.
A title report/guarantee showing all fee owners and interest
holders
must be submitted when a final map is,submitted for
plan check. This
account must retain open until the final map
is filed with the County Recorder. An
updated title
report/guarantee must be submitted'ten (10) working days
prior
to final map approval.
3.
The developer shall submit to the City Engineer the total cost
estimate
for bonding purposes of all off-site improvements,
prior to approval of the final
map.
4,.
The subdivider must submit documents indicating that they will
have
proper/adequate right -of -entry to the subject site from
the
Country.
i 5.
The tract shall be annexed to the Landscape Assessment
District
38; and the City-wide lighting district.
6.
New centerline ties set as part of this subdivision must be
approved by the City Engineer, in accordance with City
Standards.
7.
New boundary monuments must be set in accordance with the City
Standards
and subject to approval by the City Engineer.
8.
If any required publicimprovements have not been completed by
the developer and
accepted by the City prior to the approval
of the final map, the developer shall enter into a subdivision
agreement with the City and shall post the appropriate
security.
9. All site grading, landscaping, irrigation, street improve-
ments, sewer and storm drain improvement plans shall be
coordinated for consistency prior to final map approval.
10. Street names shall be submitted for City review and approval
prior to approval''of the'final map. These names must not be
duplicated within the City of Diamond Bar's postal service zip
codes.
11. House numbering clearance'is required by the City Engineer,
prior to issuance of building permits.
12. The detail drawings and construction notes shown on the
submitted plans are conceptual only and the approval of this
map does not constitute approval of these notes.
13. Lot line adjustment between Tracts 47851 and 48487 shall be
acquired and approved prior to recordation of the final map.
GRADING, GEOLOGY & SOILS
14. Grading of the subject property, shall, be in accordance with
the Uniform Building Code, City Grading Ordinance #147(1990)
or as amended and acceptable grading practices. The final
grading plan shall be in substantial conformance with the
approved grading plan.
15. All landslide debris along the eastern tract boundary shall be
completely removed prior to fill placement.
16. From the preliminary data and analyses presented to, date, the
proposed project is feasible from a geotechnical point of
view. At the time of application for a 40 -scale grading plan
check, a detailed soils and geology report shall be submitted
to the City Engineer 'for approval and said report shall be
prepared by a qualified engineer and/or geologist licensed by
the State of California. The report shall contain, but not be
limited to the following:
a) Stability analyses of the daylight shear keys.
For daylight shear keys, a 1':1 projection from daylight
to slide plane shall be used in design and the projection
plane shall have a minimum factor of safety of 1:1.
b) All soils and geotechnical constraints, (i.e., land-
slides, shear key locations, etc.) shall be delineated in
detail with respect to proposed building envelopes.
Restricted use, areas and structural setbacks shall be
considered and delineated prior to recordation of the
Ftj.� Al
17. Grading plan (241lx3611) must be designed in compliance with
recommendations of the final detailed soils and engineering
geology reports.
18. Grading plan must be signed and stamped by registered Soils
Engineer and registered Geologist.
19. All geologic hazards associated with this proposed development
must be eliminated and restricted use areas as approved by the
City Engineer must be indicated on the final map. The
subdivider shall dedicate to the City the right to prohibit
the erection of buildings or other structures within the
restricted use areas.
20. As a custom -lot subdivision, the following requirements shall
be met:
a) Surety shall be posted and an agreement executed
guaranteeing completion of all on-site drainage
facilities necessary for dewatering all parcels to the
satisfaction of the Public Works Department prior to
final map approval and prior to the issuance of grading
permits.
b) Appropriate easements for safe disposal of drainage water
that are conducted onto or over adjacent parcels, are to
be delineated and recorded to the satisfaction of the
City's Public Works Department, prior to issuance of
grading permits.
C) On-site drainage improvements, necessary for dewatering
and protecting the subdivided properties, are to be
installed prior to issuance of building permits for
construction upon any parcel that may -be subject to
drainage flows entering, leaving, or within a parcel
relative to which a building permit is requested.
d) All slope banks, in excess of five (5) feet, in vertical
height shall be seeded with native grasses or planted
with ground cover, shrubs, and trees for erosion control
upon completion of grading or some other alternative
method of erosion control shall be completed to the
satisfaction of the City Engineer. In addition, a
permanent irrigation system shall be provided.
21. Completion and stabilization of all man-made slopes, removal
of all landslide materials and reconstruction of slopes must
comply with the Los Angeles County Building Code and
Ordinances including those requirements for erosion protection
and landscaping.
22. The geotechnical consultant of record, Harrington Geotechnical
a„F,I Engineering, Inc., must provide written confirmation of their
acceptance of the geotechnical data and information provided
i
,I
--
previously by other consultants for the' tracts. A further
statement is 'required accepting data and information in
Lockwood -Singh report dated November 3, 1989 for Tract 47851
and Lawmaster reports dated July 13, 1987, May 25, and October
12, 1989 as being valid and applicable to the current 100 -
scale tract maps dated September 19, 1991.
23. The following geotechnical issues must be'addressed and
approved by the City, prior to approval of the grading plan:
a) 'Areas of potential for'debris flow need to be defined and
proper remedial measures recommended.
b) Gross -stability of a 150 foot high fill slope in Tract
47851 needs to be' analyzed as part of geotechnical
report.
C) Stability of all proposed slopes must be confirmed by
analysis. Unstable slopes - shall be redesigned or
stabilized utilizing slope reinforcement.
d) All landslides 'must be shown on a' consolidated
geotechnical map. Specific remedial measures shall be
implemented pursuant to requirements of Los Angeles
County Code and Ordinances.
e) Stability of back cuts (i.e. excavation of natural
slopes) must be analyzed.
ROAD
24. Street improvement plans (2411x3611), prepared by a registered
Civil Engineer, shall be submitted to and approved by the City
Engineer. security shall be posted and an agreement executed
to the satisfaction of the City Engineer and City Attorney
guaranteeing completion of the public and/or private street
improvements, prior to final Map approval.
25. Install street'name signs at intersection of Windmill Drive
and Wagon -Train Lane and at all intersections within the
Tract.
26. Prior to any work being performed in public right-of-way, fees
shall be paid and a construction permit shall be obtained from
the City Engineer's office'in addition to any other permits
required.
27. Street improvement plans for all private streets with maximum
slope of 12%, shall be provided for review and approval by'the
City Engineer. Prior to any work being performed on the is
private streets, fees shall be paid and construction permits
shall be obtained from the City Engineer's office, in addition'
to any other permits required.
28. Construct base and pavement on all streets in accordance with
the City approved soils report -and City Standards. Vehicular
;.- access must be provided to all "Urban Pollutant Basins"with a
minimum width of 151, with 12" of pavement and with a maximum
slope no greater than 20%.
29. Prior to approval of the final map, the developer shall
contribute $2,250.00 towards the construction of sidewalk
along the eastside of Diamond Bar Boulevard across from the
Country Hills -Shopping Center.
30. The developer shall provide an irrevocable offer of easement
for a 30 foot wide roadway along the centerline extension of
Windmill Drive from the terminus end to the southerly property
line of lot 12 of Tract No. 48487.
DRAINAGE
31. A final drainage study shall be submitted to and approved by
the City Engineer prior to final map approval. All drainage
facilities shall be installed as required by the City Engineer
and in accordance with the County of Los Angeles Standards.
32. 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.
33. 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.
I'
34. Prior to placement of any dredged or fill material into any
U.S.G.S. blue line stream bed, the. Army Corps of Engineers
must review and approve such action subject to the provisions
of nation wide permit for discharges of dredged or fill
materials into water ways of the United
States.
Not-
withstanding
I!il
a permit .to place any fill in the U.S.G.S. blue
line stream bed a written offsite permission to grade from
affected property owners must be obtained prior to approval of
the final map.
SEWER
35. Each dwelling in unit shall g 1 be
served by a
which shall not cross any other lot lines
Thesanitary sewer
system serving the tract .shall be connected to city sewer
system. Said system shall be of the size, grade and depth
approved by the City Engineer, County Sanitation District and
-• Los Angeles County Public Works Department, prior to approval
of the final map.
36.. The subdivider must obtain connection permit from'the City and
County Sanitation District. The subdivision must be annexed
into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main lines and pump
station must be provided and accepted by the County of Los
Angeles Public Works Department, prior to approval of the
final map.
37. Prior' to approval of the final map, the subdivider' must
conduct an engineering analysis to determine the capacity of
sewer lines from the site to the County Sanitation District
trunk line.
38. Subdivider, at his sole cost and expense, must construct the
sewer system in accordance with the City, Los Angeles'County
Public Work Department and County Sanitation District
Standards.
TRAFFIC
39. Traffic 'improvement' plans prepared by a registered'Traffic
Engineer and signed by a registered Civil Engineer shall be
submitted to and approved by the City Engineer. Security
shall be posted and agreement executed to the satisfaction of
the' City Engineer and the 'City Attorney -guaranteeing
completion of these improvements'prior to final map approval
unless otherwise stated herewith.,
40. Intersection line of sight -`designs shall be reviewed by the
City Engineer for conformance with adopted policy.
41. The subdivider shall prepare traffic control signing and
striping plans in accordance with requirements of the State of
California Traffic Manual prior to approval of final map.
42. Pavement striping, marking and street name signing shall be
installed to the satisfaction of the City Engineer.
43. A separate right-turn,lane shall be striped and appropriate
signs installed in the northbound direction at the
intersection of Diamond Bar Boulevard and Shadow Canyon Drive.
44. A separate right -turn lane shall be striped and appropriate
signs installed in - the southbound direction at the
intersection of Diamond Bar Boulevard and Pathfinder Road.
45. An additional 'left -turn lane shall be striped and appropriate
signs installed in the southbound - direction at the
intersection of Diamond Bar Boulevard and Brea Canyon Road.
46. A stop sign shall be installed at the intersection of Wagon
Train Lane and Steeplechase Lane. The stop sign shall be
installed on Wagon Train along with fifty feet of double
yellow striping, Type D pavement markers, stop legend and
limit line.
47.
Stop signs shall be installed at the intersection of Wagon
Train Lane and Windmill Drive, subject to the approval by the
City Engineer.
48.
Developer shall contribute $7,500.00 towards the installation
of a traffic signal at intersection of Diamond Bar Boulevard
and Shadow Canyon Drive prior to approval of the final map.
UTILITIES
49.
Provide separate utility services to each parcel including
water, gas, electric power, telephone, and cable TV (all
underground) in accordance with the respective utility
companies standards. Easements shall be provided as required.
50.
The developer shall be responsible for the relocation of
-
existing utilities as necessary.
51.
Prior to recordation of the final map, a written certification
=
from Walnut Valley Water District, GTE, SCE, SCG and Jones
Intercable stating that adequate facilities are or will be
available to serve the proposed project shall be submitted to
the City. Such letter must be issued by the utility company
at least 90 days prior to final map approval.
COUNTY OF LOS ANGELESFIRE DEPARTMENT
FIRE PROTECTION REQLIREMENTS - INCORPORATED AREAS
-CITY OF DIAMOND BAR
~ TRACT 48487
1. The required fire flow for public fire hydrants at this location is 1250 gallons per minute at 20
If CdWP511WORK %487F1R-DEP
psi for a duration of two (2) hours, over and above maximum daily domestic demand.
2.
Fire Hydrant requirements as follows:
Install Three (3) Public Fire Hydrants.
3.
All hydrants shall measure 6" x 4" x 21h" brass or bronze, conforming to current AWWA
standard C503 or approved equal. All Hydrants shall be installed a minimum of 25' from a
structure or protected by a two (2) hour fire wall. Location as per map on file with County Fire
Dept.
4.
All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular
access must be provided and maintained serviceable throughout construction.
5.
This property is located within the areas described by the Forester and Fire Warden as Fire Zone
4 and future construction must comply with applicable Code requirements.
6.
Provide water mains, fire hydrants, and fire flows as required by County Forester and Fire
Warden for all land shown on the map to be recorded.
7.
Provide Fire Department and City approved street signs, building address numbersprior to
occupancy.
8.
Fire Department access shall be extended to within 150 feet distance of any portion of structure
to be built.
9.
Access shall comply with Section 10.307 of the Fire Code which requires all weather access.
All weather access may require paving.
11.
All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular
access must be provided and maintained serviceable throughout construction
All hydrants shall be installed in conformance with Title 20, L.A. County Government Code or
appropriate city regulations. This shall include minimum six-inch diameter mains. Arrangements
to meet these requirements must be made with the water purveyor serving the area.
If CdWP511WORK %487F1R-DEP