HomeMy WebLinkAboutPC 92-07RESOLUTION NO. 92-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 89551 LOCATED ON A 4*5 ACRE
SITE LOCATED AT 800 SOUTH GRAND AVE., DIAMOND BAR,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Diamond Brothers One, Partnership, City of
Industry, California, has heretofore filed an application for
approval of a Conditional Use Permit 89551 as described in the
title of this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit shall be referred to as "the Appli-
cation".
(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.
14, 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
General Plan, pursuant to the terms and provisions of California
Government Code Section 65360.
(iv) On February 24, 1992, the Planning.Commission of
the City of Diamond Bar continued a duly noticed public hearing on
the application, and concluded said public hearing on March 23,
1992.
(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 certifies that
the environmental analysis conducted previously;
specifically, the Negative Declaration prepared
for Conditional Use Permit 89551, and previously
certified, does not require supplementation,
amendment, or subsequent analysis, in compliance
with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated
-thereunder, in respect to the Application.
3. Based on the substantial evidence presented to
this Commission during the above -referenced public
hearing commenced on February 24, 1992, continued
and concluded on March 23, 1992, 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 application applies to a parcel located
at 800 South Grand Ave., Diamond Bar with a
gross area of 4.5 acres and which is zoned R-
4-40 U.
t (b) Surrounding properties land use and zoning
is: East: multiple family/single p family;
South: multiple family/single family;
West: vacant; commercial/ office
North: Commercial development
(c) The applicant's request is for an amendment
to a previously approved conditional use
permit to construct a 54 unit condominium
complex.
(d) The subject property is graded and currently
under construction under the provisions of
conditional use permit 89551, and
(e) The site is sufficient in size and can pro-
vide adequate ingress and egress to allow
multiple family development in character with
surrounding current land uses.
(f) Granting the proposed amendment to condi-
tional use permit 89551 with conditions and
restrictions hereinafter is in substantial
compliance with all State laws related to the
proposed General Plan;
The location of the proposed land use does
not adversely affect the health, peace,
comfort or welfare of persons residing or
working in the surrounding area, and will not ^'1
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be materially detrimental to the use,
enjoyment, or valuation of property of other
persons located in the vicinity of the site,
and will not jeopardize, endanger, or other-
wise constitute a menace to the public
health, safety or general welfare.
4. 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
following conditions:
1. This permit shall not be effective for any
purpose until a duly authorized
representative of the owner of the property
involved has filed at the office of Planning
Division of the Community Development
Department the Affidavit of Acceptance and
accepts all the conditions of this permit;
2. That all requirements of this Resolution, the
applicable Zoning District, the City Codes,
City - departmental policies, rules and
regulations and applicable law, policies and
regulations of any local agency with
Jurisdiction shall be complied with by the
permittee, unless set forth in the permit or
shown on the approved plan;
3. That three copies each of the new site plan,
irrigation plan, and landscape plan including
an ivy plan for walls fronting upon Grand
Avenue, all in conformance to that presented
at the public hearing and marked Exhibit "A"
and conforming to such of the following
conditions as can shown on a plan, shall be
submitted to and shall obtain written
approval of -the Community Development
Director. The property affected by this
permit shall thereafter be developed and
maintained in substantial compliance with
such approved plans.
4. Landscaping along the perimeter of each ele-
vation shall be year round in nature. All
landscaping approved shall be installed prior
to issuance of any certificate of occupancy.
5. No construction shall occur within the 50,
easement shown on the site plan along the
north elevation of the building.
6. No construction shall occur within setbacks
as delineated on the approved site plan.
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7. Street trees with year round foliage shall be
planted along the western elevation of Grand
Avenue per the approved landscape plans.
a. Recreation areas adjacent to Grand Avenue
shall be landscaped so as to provide a visual
buffer to screen visibility from off-site
parcels.
9. Provide wrought iron fencing around recrea-
tion areas to insure the security of the
children.
10. That all exterior lights above wall height be
shielded and be directed away from adjacent
development;
11. Maneuvers through the median opening will not
be allowed until a traffic signal is
installed and becomes operational at Boo S.
Grand. The traffic signal, due to its's
close proximity to the Grand/Golden springs
intersection, will need to be interconnected
to the latter to provide coordination of
signal phasings at these two intersections.
Prior to issuance of a Certificate -of Final
Occupancy, -the design and construction costs
associated with this traffic signal shall be
borne by the applicant (Diamond Brothers
Inc.) initially. When the lot commonly
referenced and addressed 887 Grand Avenue, a
fair share cost will be developed for said
signal, based upon confirmation of the
generated traffic data for each project. At
such time, the property owner of 800 S. Grand
will receive reimbursement proportionally on
each project's traffic shares in accordance
with the City approved reimbursement
agreement.
12. Shielded trash enclosures shall be located as
shown on the approved site plan.
13. Sidewalks in conformance with City
specifications shall be provided along Grand
Avenue for the length of the property per
City Standards.
14. The project shall, comply with all State and
local ordinances for noise level standards.
15. All air conditioning units will be ground
mounted and screened from street level view.
16. All conditions of Conditional Use Permit No.
4
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89-551 (i990), not superseded by this
amendment, are hereby incorporated herein by
reference.
17. The applicant shall satisfy the Park
Obligation fee by contributing .34 acres of
land or the in -lieu fee of $164,333 prior to
the recordation of the final map.
18. Notwithstanding any previous subsection of
this Resolution, if the Department of Fish
and Game requires payment of a fee pursuant
to Section 711.4 of the Fish and Game Code,
payment thereof shall be made by the appli-
cant prior to the issuance of any building
permit or any other entitlement.
19. The applicant shall provide eight (8)
additional parking spaces for a total of four
(4) and an electronic security gate at the
entrance of the project which shall be
designed and located to the satisfaction of
the City Engineer.
20. Conditions, covenants, and restrictions
(CC&R's) shall be provided to the Community
Development Director and the City attorney
-� for review and approval prior to recordation
of the final map.
" A clause shall be incorporated into the
CC&R's which requires disputes involving
interpretation or application of the
agreement (between private parties), to be
referred to a neutral third party mediation
service (name of service may be included).
The cost of such mediation shall be borne
equally by the parties. In the event
mediation is unsuccessful, the parties shall
agree to submit the dispute to binding
arbitration under the laws of the State of
California.
21. The applicant shall incorporate the following
list of items into the interior design and
construction of the units.
a. Increase second subflooring from 5/8
inch plywood to 3/4 inch plywood.
b. Add insllation between 1st. & 2nd floor.
c. Use resilient channel through out all
;6, 1st floor ceilings.
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d. Install recessed lights in kitchens and
bathrooms. ,
e. Add ducted kitchen fans to improve air
flow.
f. Insulate all plumbing chases to decrease
sound transmission.
9- Add additional telephone and TV outlets.
h. Add 32 oz. carpet over 1/211 rebound pad
to increase sound control and cushion.
5. This Resolution shall be null, void and of no
effect if the Council of the City of Diamond
Bar fails to approve Tentative Tract Map
51079, as described in the Resolution of the
City of Diamond Bar Planning commission No.
92-07, and Resolution 89-551 shall remain in
full force and effect.
6. The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
k. (b) Forthwith transmit a certified copy of this Reso-
lution, to Diamond Brothers One, Ownership at the
address as set forth on the application.
APPROVED AND ADOPTED THIS THE 23RD DAY OF MARCH, 1992 BY
THE PLAN COMMMISSI OF T TY PYO'DIAMOND BAR.
141 T
COD' SSI ri
BY: :."e
ack Grothe, airman
ATTEST
Ja es DeStefancl, Secretary
1, 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 opened on the 24th day of February, 1992 and
concluded on 23rd day of March, 1992 by the following vote -to -wit:
AYES: [COMMISSIONERS:]
NOES: [COMMISSIONERS:)
ABSTAIN: [COMMISSIONERS:]
ABSENT: [COMMISSIONERS:]
Grothe, Flamenbaum, Li
Meyer
MacBride
N.
I