HomeMy WebLinkAboutPC 93-03F a
- RESOLUTION NO. 93-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING DEVELOPMENT REVIEW NO.
91-2, FOR THE DEVELOPMENT OF A 34 UNIT CONDOMINIUM
COMPLEX ON A 2.3 ACRE SITE LOCATED AT 23575 GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAILING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Diamond Development Company, 1700 Raintree Road,
Fullerton, California, has heretofore filed an application for
approval of Development Review as described in the title of this
Resolution. Hereinafter in this Resolution, the subject
Development Review application shall be referred to as "the appli-
cation".
2. 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.
3. Pursuant to the order issued by the Los Angeles
county Superior Court, action was taken on the subject application
as to the consistency with the General Plan, pursuant to the terms
and provisions of Ordinance No. 4 (1992) of the City of Diamond
Bar.
4. On November 25, 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 February 8,
1993.
5. All legal prerequisites to the adoption of 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. This Planning Commission hereby specifically finds that all
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of the facts set forth in the Recitals, Part A, of this
Resolution are true and correct.
2. The Planning Commission hereby finds that the initial study
prepared and reviewed by the City of Diamond Bar and a
Negative Declaration has been prepared for this project in'
compliance with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated thereunder
and 1 further said Negative Declaration reflects the
independent judgement of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a whole
including 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, there
is no 'evidence 'before this Planning Commission that the
project proposed herein will have the potential of an adverse
effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of'adverse
effects contained in Section 753.5(d) of Title 14''of the
California Code of Regulations. Notwithstanding any
previous Subsection of this'Resolution, if: the Department of
Fish and Game'requires payment of a fee pursuant to Section
711.41 of the Fish' and Game Code, payment thereof shall be
made by the applicant pripr'to'the issuance of any building
permit or any other entitlement,.
4. Based on the substantial evidence presented to the Planning
Commission 'during the above -referenced public hearing opened
on November 25,'1991, continued to and concluded'on February
8, 1993, including' written and oral staff reports, together
with public testimony, and in conformance with Ordinance No.
4 (1992) of the City Diamondil Bar, hereby specifically finds
as follows:
(a) The application applies to property located
at 23575 Golden Springs Drive, Diamond Bar
with a gross area of 2.33 acres and is zoned
C-1 (Restricted Commercial).
(b) Properties to the east and south are devel-
oped with single family residences, to the
north the site is developed with a multi-
family complex and the sites to the west are
partially developed by commercial development
and single family residential home.
(c) The applicant's request is for architectural
and site plan review of the project to
construct a 34 unit condominium complex. '
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(d)
The subject property has graded and currently
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is a vacant undeveloped parcel.
(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)
The subject site lies within the Diamond Bar
General Plan Medium Density Residential (RM)
land use designation. The current zoning of
the site is not consistent with the land use
designation.
' (g)
Public notice and resident notification of
the public hearing for this project has been
made in conformance with state law.
(h) The design and layout of the proposed devel-
opment will not unreasonably interfere with
the use and enjoyment of the neighboring ex-
isting and future developments, and will not
create traffic or pedestrians hazards,
(i) The architectural design of the proposed
condominium complex is compatible with the
character of the surrounding development and
W will maintain the harmonious, orderly, and
attractive development contemplated by this
Chapter and the General Plan of the City;
(j) The design of the proposed development would
provide a desirable environment for its occu-
pants and visiting public as well as its
neighbors through good aesthetic use of
materials, texture and color that will remain
aesthetically appealing and will retain a
reasonably adequate level of maintenance.
(k) The proposed use will not be detrimental to
the public health, safety or welfare or be
materially injurious to the properties or im-
provements in the vicinity.
5. Based on the'findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Planning Commission hereby
approves the application subject to the following
restrictions as to use:
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Planning Department��j0'"'�'��
(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 development review.
(2) That the applicant must comply with all federal, state,
Zone R -3-(15)U, Public Works and Community Development
Departments' requirements, and that all grading,
drainage plans and wall plans shall conform to all City
standards or as amended by this action and shown on the
approved plans;
(3) That three copies of the elevations, site plan,
irrigation plan, and landscape plan, similar 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 for approval of
the Community Development Director. All construction
materials must comply with the materials board approved
by the Planning Commission and marked as Exhibit "A-1".
The property shall thereafter be developed and
maintained in substantial conformance with the approved ;,
plans. t, y
(4) Drought tolerant landscaping shall be incorporated where
possible on the landscape plan. All landscaping shall
be installed prior to issuance of the certificate of
occupancy.
(5) No construction shall occur within the setbacks as
delineated on the approved site plan.
(6) Street trees with year round foliage shall be planted
along western elevation of Golden Springs Drive per the
approved landscape plans (refer to above listed
condition No. 3).
(7) All exterior lights above wall height be shielded and be
directed away from adjacent development;
(8) Trash enclosures and the location of the mail boxes
shall be located shall be located to the satisfaction of
the Community Development Director and the Public Works
Director and illustrated on the approved site plan.
(9) The project shall comply with all State and local
ordinances for noise level standards.
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(10) All air conditioning units shall be ground mounted and
screened from street level view by each unit's privacy
wall.
(11) The applicant shall satisfy the Park Obligation by
contributing land acreage or the in -lieu fee, to the
City prior to recordation of the final' map per code
section 21.24.340.
(12) 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
applicant prior to the issuance of any building permit
or any other entitlement.
(13) 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 Homeowners Association
(HOA) shall be created and responsibilities thereof
shall be delineated within said CC&R's.
(14) A clause shall be incorporated into the CC&R's which
requires disputes involving interpretation or
r application of the agreement (between private parties),
to be referred to a neutral third party mediation
service (name of service may be included) prior to any
party initiating litigation in a court of competent
jurisdiction. The cost of such mediation shall be borne
equally by the parties. A Homeowners Association (HOA)
shall created and responsibilities thereof shall be
delineated within said CC&R's, such as maintenance of
common areas.
(15) All walls open to the public from outside the project
shall be textured in earth tones and shall additionally
be covered with ivy or other similar vegetation.
(16) The property shall be maintained in a condition which is
free of debris both during and after the construction,
addition, or implementation of the entitlements granted
herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction, shall be
done only by the property owner, applicant or by a duly
permitted waste contractor who has been authorized by
the City to provide collection, transportation, and
disposal of solid waste from residential, commercial,
fconstruction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the
waste contractor utilized has obtained permits from the
} City of Diamond Bar to provide such services.
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(17) The applicant shall submit a development program and
schedule to the City prior to recordation of the final���'`
map and all amendments to said schedule shall beI"'`;''1°'
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submitted to the Community Development Director for
approval.
(18) The outside storage of recreational vehicles is
prohibited.
(19) The separation between building No. 3 and No. 4 shall be
designed to the maximum extent possible.
(20) The following conditions shall apply to the common lots
and the recreational lots:
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a. Open space areas and common lots shall be shown on
the site plan and tract map and shall be:
1. Conveyed as a mandatory fractional undivided
interest to each purchaser, or
2. Conveyed to a Homeowners Association charged
with the operation and maintenance of such
common areas for the benefit of all owners,
or
b. Open space areas shall be maintained in a manner
satisfactory to the Community Development
Director;
C. Use all recreational areas shall be restricted to
owner -tenants and their guests;
(21)
No signs are approved as a part of this approval. All
signs must be submitted to the City under separate
application and must comply with all standards in effect
at the time of application.
(22)
This Resolution shall be null, void, and of no effect if
the Council of the City of Diamond Bar fails to approve
Zone Change No. 91-1 and Vesting Tentative Tract Map No.
50519, as described in the Resolutions of the City of
Diamond Bar Planning Commission No. 93-4 and No. 93-5.
(23)
This grant is valid for one year and must be exercised
(i.e. construction started) within that period or this
grant will expire. A one year extension may be
requested in writing and submitted to the City 30 days
prior to the expiration: date.
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PUBLIC WORKS DEPARTMENT
(1) Applicant shall contribute $12,500 toward additional
signal phasing requirements at Diamond Bar Blvd. and
Golden Springs Drive based on additional traffic
generated from the proposed development.
(2) Contribute towards the street overlay of Torito Lane in
the amount of $40,000 or complete the work as approved
by the City Engineer. If any required public
improvements 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.
(3) No internal on -street parking is permitted within the
development based on the street width being allowed and
the internal streets shall be designated as private
streets.
(4) The street section for the internal streets shall be
shown on the tentative and final map.
(5) The applicant shall guarantee the installation of a
traffic signal at the intersection of Torito Lane and
Golden Springs by posting a bond in the amount of
$120,000 for a period of three years from date of
approval. The bond is to be released and or reduced by
any other contributions received by the City should a
traffic signal be warranted during the period.
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(6) Handicap ramps shall be installed at the corner of the
Torito Lane and Golden Springs Drive to the City's
specification.
(7) The site plan shall depict all on-site street and safety
lighting to the satisfaction of the Public Works
Director.
(8) The applicant shall obtain approval by County Sanitation
on the location of the structures affecting County
Sanitation easements and submit written evidence to the
City prior to issuance of a grading permit.
(9) The applicant shall comply with all other standard
conditions of approval unless referenced and amended
herein as in attachment "A-1".
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,____�7 I Id'', 111111 - -- I 1h_
(9) The required on-site fire flow for private on-site
hydrants is 2,500 gallons per minute at 20 psi. Each
private on-site hydrant must be capable of flowing 2,500
gallons per minute at 20 psi with any two hydrants
flowing simultaneously.
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(10) Fire hydrant requirements as follows: 3 existing fire
hydrants. Existing private on-site Fire hydrants.
(11) All hydrants shall measure 6" x 4" x 2-1/211 brass or
bronze, conforming to current AWWA standard 0503 or
approved equal. All hydrants shall be installed a
minimum of 25 feet from a structure or protected by a
two (2) hour fire wall.
(12) All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
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FIRE DEPARTMENT REODIREMENT�,,�,
(1)
Provide water mains, fire hydrants, and fire flows as
required by the County Forester and Fire Warden for all
land shown on the map to be recorded.
(2)
Provide Fire Department and Cita approved street signs
and building address numbers prior to occupancy.
(3)
Fire Department access shall be extended to within 150
feet distance of any portion of structure to be built.
(4)
Access shall comply with Section 10.207 of the Fire Code
which requires all weather access. All weather access
may require paving.
(5)
The private driveways shall be indicated on the final
map as "Fire Lane" and shall be maintained in accordance
with the Los Angeles County Fire Code.
(6)
All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
(7)
Private driveway/fire lane shall be 26 feet clear to sky
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width. All buildings shall be less than 3 stories and
less than 35 feet high.
(8)
The required fire flow for public fire hydrants at this
location is 2,500 gallons per minute at 20 psi for a
duration of 2 hours, over and above maximum daily
domestic demand.
(9) The required on-site fire flow for private on-site
hydrants is 2,500 gallons per minute at 20 psi. Each
private on-site hydrant must be capable of flowing 2,500
gallons per minute at 20 psi with any two hydrants
flowing simultaneously.
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(10) Fire hydrant requirements as follows: 3 existing fire
hydrants. Existing private on-site Fire hydrants.
(11) All hydrants shall measure 6" x 4" x 2-1/211 brass or
bronze, conforming to current AWWA standard 0503 or
approved equal. All hydrants shall be installed a
minimum of 25 feet from a structure or protected by a
two (2) hour fire wall.
(12) All required fire hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
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r must be provided and maintained serviceable throughout
construction.
(13) Additional on-site hydrants shall be installed, tested
and accepted prior to construction. Vehicular access
must be provided and maintained serviceable throughout
construction.
(14) Additional on-site hydrants may be required during the
building permit process.
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 Ron Crowley of Diamond Development
Company at the address as set forth on the
application.
APPROVED AND ADOPTED THIS THE STH DAY OF FEBRUARY, 1993
BY THE PLANNING ISSION OF THE CITY OF DIAMOND BAR.
BY:
`truce Flamenbaum, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, by the Planning Commission on the 8th day of
February, 1993 with the following vote:
AYES: COMMISSIONERS: Flamenbaum, Grothe, Li, and Meyer
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: C0ISSIONERS: lunk
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ATTEST:
2 DeStefano, Secretary
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DR91-2.RES
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