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Home My WebLink AboutPC 93-04RESOLUTION NO. 93-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 50519 FOR THE SUBDIVISION OF A 2.3 ACRE SITE INTO 3 COMMON LOTS AND 34 CONDOMINIUMS LOCATED AT 23575 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Diamond Development Company, 1700 Raintree Road, Fullerton, California, has heretofore filed an application for approval of a Vesting Tentative Tract Map No. 50519 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Vesting Tentative Tract Map No. 50519 application shall be referred to as "the application". 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. I 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 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 further said Negative Declaration reflects the independent judgement of the City of Diamond Bar. J 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 1,4 of the California Code of Regulations.' Notwithstanding any previous Subsectionl'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. 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 Diamond Bar, hereby specifically finds as follows: (a) The application applies to property located g at 23575 Golden Springs Drive, Diamond Bar with a gross area of 2.3 acres and is currently zoned C-1 (Restricted Commercial) but in conformance with the General Plan land designation of RM (Medium Density Residential 16 du/ac), the applicant is requesting a zone change to R -3-(15)U. (b) Properties to the east and south are devel- d' 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 approval of a vesting tentative tract map, zone change, { site plan architectural review vial 2 i development review to develop and construct a 34 unit condominium complex. (d) The subject property has been graded and currently 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) Public notice and resident notification of the public hearing for this project has been made in conformance with state law. (g) 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; (h) 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. (i) The design of the proposed development would provide a desirable environment for its occu- pants and visiting public as well as its neighbors because. the design and layout of the project provides a safe and aesthetically pleasing environment. (j) 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 because the development will improve the vacant site and remove deleterious and illegal dumping and improve the maintenance of the site. (k) The subdivision proposed in the application is consistent with the General Plan and plan for land use. (1) There is little or no probability that the subdivision of said real property, as proposed in the application will be a substantial detriment to, and interfere with, the implementation of the General Plan for the area surrounding the project of the site; and 3 (m) The application, as proposed will and conditioned herein, complies with all other applicable requirements of state and local ordinances. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Planning Commission hereby recommends approval of the application subject to the following restrictions as to use: Planning Department Requirements (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; I (2) That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property must be complied with; unless set forth in the permit or shown on the approved plan; (3) That three copies of the Vesting Tentative Tract Map No. 50519 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 to the Community Development Director. (4) 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 I section 21.24.340. (5) 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. (6) 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 created and responsibilities thereof shall be delineated within said CC&R's. (7) 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 4 I 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. 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 j 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. (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. i 5 a - __T 11111111 11 Ill, r,�_7 _ 77 - 1� IT 1�1iT�a._�,.�..._ (9) The applicant shall comply with all other standard conditions of approval unless referenced and amended herein as in attachment "A-111. FIRE DEPARTMENT REOUIREMENT (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 City 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 i 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 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. (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 2-1/2" brass or bronze, conforming to current AWWA standard C503 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. C x (12) All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access 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 Resolution, to Ron Crowley of Diamond Development Company at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 8TH DAY OF FEBRUARY, 1993 BY THE PLANNING CO SS ON O THE CITY OF DIAMOND BAR. BY: Bruce 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: Plunk ABSTAIN: 3eIs SSIONS ATTEST: DeStefano, S retary 1 7