HomeMy WebLinkAboutPC 99-18PLANNING COMMISION
RESOLUTION NO. 99-18
_v
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR RECOMMENDING THAT
THE CITY COUNCIL APPROVE A ONE YEAR EXTENSION
OF TME FOR TENTATIVE PARCEL MAP NO. 23382,
CONDITIONAL USE PERMIT NO. 92-1, AMENDED OAK
TREE PERMIT NO. 95-2, AMENDED MITIGATED
NEGATIVE DECLARATION NO. 95-2 AND AMENDED
MITIGATION MONITORING PROGRAM. THE PROJECT
SITE IS LOCATED IN THE 3000 BLOCK (NORTH SIDE) OF
STEEPLECHASE LANE, AT THE TERMINUS OF
HAWKWOOD ROAD, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant, Warren Dolezal of The Dolezal Family Limited
Partnership, has filed an application for a one year extension of time for Tentative
Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree. Permit
No. 95-2. The request includes an amendment to reduce the number of lots from
_ n four to three. The project site is located at the 3,000 Block (north side of
fK Steeplechase Lane, at the terminus of Hawkwood Road), Los Angeles County,
California, as described above in the title of this Resolution. Hereinafter in this
Resolution, the subject Extension of Time, Oak Tree Permit, Negative
Declaration and Mitigation Monitoring Program 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. Thereafter, the City Council of
the City of Diamond Bar adopted its Ordinance No. 14 (1990), 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 contain the Development Code
of the County of Los Angeles now currently applicable to development
applications, including the subject Application, within the City of Diamond Bar.
Action was taken on the subject application as to the consistency with the General
Plan. It has been determined that the Applications are consistent with the General
Plan.
4. On June 22, July 13, and July 27, 1999, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing on the Application.
F— 5. On June 1, 1999, notification of the public hearing for this project was published
in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
g•\\peresolutions\tpm23382july271999mtg. doc
On June 1, 1999, eighty-two property owners within a 500 foot radius of the
project site were notified by mail.
B RESOLUTION. i
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. Pursuant to the guideline of the California Environmental Quality Act (CEQA),
Mitigated Negative Declaration 'No. 95-5 was prepared and adopted by the City
Council on 'June 20, 1995, along with 'the approval of Tentative Parcel Map
No. 23382, Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2 and the
Mitigation Monitoring Program. Pursuant to CEQA Section 15164, and
addendum has been prepared in order to address issues related to the reduction of
the map from four to three lots.
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 Y"
rebuts the presumption of adverse effects contained in Section 753.5 (d) of
Title'14 of the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
(a) The Application relates to a project originally approved by the City
Council on June 20, 1995. The approved project would subdivide' a
2.55 acre parcel into four residential lots for the eventual development of
four -custom single family residences ranging from approximately 4,000 -to
8,000 square feet. The Application has been amended to reduce the
subject property to three parcels. Lots will vary in size from .800 to .929
acres.
(b) The project site has a General Plan Land Use designation of Low Density
Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is
zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet
(R-1-8,000).
(c) Generally, the following zones surround the project site: To the north is
the R-1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the
south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the
west is the R-1-9,000 Zone.
4
(d) The extension of time request does not alter the map's design or any
standards or conditions of approval related to the subdivision or the
Conditional Use Permit.
(e) The proposed construction or proposed use will be accomplished without
endangering the health of the remaining tree on the subject property.
The project site contains one oak tree located on the side property line
shared by Lots 2 and 3. The proposed construction or proposed use will
be accomplished without endangering the health of the remaining tree.
5. Based on the findings and conclusions set forth above,. the Planning Commission
hereby approves the Application subject to the following conditions:
(a) Tentative Parcel Map No. 23382 shall be developed in substantial
conformance to plans dated July 27, 1999, labeled Exhibit "A" and
Exhibit "B" - Mitigation Monitoring Program dated March 1995, as
submitted and approved by the Planning Commission.
(b) The site shall be maintained in a condition that is free of debris both
during and after the construction, addition, or implementation of the
entitlement 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, construction, 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.
(c) All conditions of approval listed within City Council Resolution
No. 95-36 and Resolution No. 95-37 shall remain in full force and effect
unless amended as a part of this action.
(d) Condition 5.B (5) of City Council Resolution Nos. 95-36 and 95-37, shall
be amended to read as follows:
i
The Applicant/Subdivider, at Applicant/Subdivider's sole cost and
expense, shall construct all required improvements on his property. If any
required improvements on his property have not been completed by
Applicant/Subdivider and accepted by the City prior to the approval of the
parcel map, Applicant/Subdivider shall enter into a subdivision agreement
with the City and shall post the appropriate security, guaranteeing
completion of the improvements, prior to parcel map approval.
(e) Applicant shall protect and preserve the existing oak tree pursuant to the
City's Oak Tree Permit process and as follows: chain link fencing, with a
minimum height of 4 -feet, shall be installed 10 -feet outside the tree's drip
3
line. Fencing shall be installed and shall remain during the construction of
the homes on Lots 2 and 3. Fencing shall not be removed until each home
has received final Planning Division inspection or Certificate of
Occupancy.
(f) The existing oak tree shall be maintained in perpetuity. At the Applicant's
expense, the existing oak tree shall be monitored for a 5 -year period, and
the Applicant shall submit to the City inspections and reports prepared by
a certified and licensed landscaper, arborist, or biologist, who has been
approved by the City. The first year inspections shall occur quarterly; the
second year semi annually; and the third, fourth, and fifth year, annually.
(g) Planting material which may be installed within the oak tree drip line shall
be drought tolerant only. Irrigation installed, if any, within this area shall
be appropriate, for drought tolerant planting material.
(h) The future homeowners, shall receive a "Buyers' Awareness" Package at
escrow, with a signed receipt from the future homeowner, submitted to the
City, acknowledging the future homeowner's receipt of the package. This
package shall include proper care and maintenance of the oak tree.
(i) The Applicant shall provide proof of access to the site, through the
Country Estates, for review and approval by the City Attorney prior to
final map.
(j) The Applicant shall cooperate in the placement and construction of the
emergency gate and related access to be located at the terminus of
Hawkwood Road and Steeplechase Lane.
(k) The Applicant shall fund the cost of all roadway modifications at the
terminus of Hawkwood Road resulting from construction of the
emergency gate access.
(1) The proposed grading and building envelopes as shown on the rough
grading plan shall be modified to ensure the protection and preservation of
the existing oak tree. A grading permit shall not be issued until said
modifications have been reviewed and approved by the City Engineer and
Deputy City Manager.
(m) The tentative parcel map shall be revised to the satisfaction of the City
Engineer, to ensure that no grading or construction of any kind occurs
within a minimum of 10 -feet from the drip line of the oak tree.
(n) Prior to recordation of the final map, the Applicant shall cause the
preparation of a tree pruning and maintenance program by a professional
licensed arborist. Tree pruning and maintenance shall be provided to
promote the health and natural growth of the oak tree and shall be
provided in accordance with standards developed by the arborist, as
n
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i
-, approved by the City. The existing oak tree shall be protected and
preserved at all times.
(o) A bond or other security (as approved by the City Attorney) shall be
submitted to ensure the permanent protection and preservation of the
existing oak tree. The monetary value of the bond shall be determined by
the formula developed by the Council of Tree and Landscape Appraisers,
or equivalent organization, as approved by the Deputy City Manager and
Community Services Director.
(p) This grant is valid for one year from April 20, 1999, to April 20, 2000, and
shall be exercised (i.e., construction started) or extended within that period
or the grant shall expire.
(q) This grant shall not be effective for any purpose until the permittee and
owner of the property involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant, with the City of
Diamond Bar Community and Development Services Department, an
affidavit stating that they are aware of and agree to accept all the
conditions of this grant. Further, this grant shall not be effective until the
permittee pays remaining City processing fees.
°- (r) If the Department of Fish and Game determines that Fish and Game Code
Section 711.4 applies to the approval of this project, then the applicant
shall remit to the City, within five days of this grant's approval, a cashier's
check of $25.00 for a documentary handling fee in connection with Fish
and Game Code requirements. Furthermore, if this project is not exempt
from a filing fee imposed because the project has more than a deminimis
impact on fish and wildlife, the applicant shall also pay to the Department
of Fish and Game any such fee and fine that the Department determines to
be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution-, and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Warren Dolezal, The Dolezal Family Limited Partnership, 4251 S. Higuera Street,
San Luis Obispo, CA 93401.
APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
SA7
BY: /4(0
Steve Tye, Chair n
,r---,-1—
.
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of
Diamond Bar, at a regular meeting of the Planning Commission held on the 27th da
Y of July,
1999, by the following vote:
AYES: Tye, Kuo, McManus, and Ruzicka
NOES: None
ABSENT: Nelson
ABSTAIN: None
ATTEST:
Jam(WDeStefano, Secretary
6
PLANNING COMMISION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY
COUNCIL APPROVE A ONE YEAR EXTENSION OF TIME
FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL
USE PERMIT NO. 92-1, AMENDED OAK TREE PERMIT NO.
95-2, AMENDED MITIGATED NEGATIVE DECLARATION
NO. 95-2 AND AMENDED MITIGATION MONITORING
PROGRAM. THE PROJECT SITE IS LOCATED IN THE 3000
BLOCK (NORTH SIDE) OF STEEPLECHASE LANE, AT THE
TERMINUS OF HAWKWOOD ROAD, DIAMOND BAR,
A. RECITALS.
The property owner/applicant, Warren Dolezal of The Dolezal Family Limited
Partnership, has filed an application for a- one year extension of time for
Tentative Parcel Map No. 23 3 82, Conditional Use Permit No. 92-1 and
Oak Tree. Permit No. 95-2. The request includes an amendment to reduce
the number of lots from four to three. The project site is located at the
3,000 Block (north side of Steeplechase Lane, at the terminus of
Hawkwood Road), Los Angeles County, California, as described above in
the title of this Resolution. Hereinafter in this Resolution, the subject
Extension of Time, Oak Tree Permit, Negative Declaration and Mitigation
On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Thereafter, the
City Council of the City of Diamond Bar adopted its. Ordinance No. 14
(1990), 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 contain the Development Code of the County of Los Angeles now
Action was taken on the subject application as to the consistency with the
General Plan. It has been determined that the Applications are consistent
4. On June 22, July 13, and July 27, 1999, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application.
5. On June 1, 1999, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. iL-J
g-\\peresol uti ons\tpm23382j uly271999mtg. doe
On June 1, 1999, eighty-two property owners within a 500 foot radius of the project
site were notified by mail.
B RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
I 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. Pursuant to the guideline of the California Environmental Quality Act (CEQA), Mitigated
Negative Declaration No. 95-5 was prepared and adopted by the City Council on
June 20, 1995, along with the approval of Tentative Parcel Map No. 23382,
Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2 and the Mitigation
Monitoring Program. Pursuant to CEQA Section 15164, and addendum has been
prepared in order to address issues related to the reduction of the map from four
to three lots.
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.
4. Based on the findings and conclusions set forth herein, this Planning C6mmission
hereby finds as follows:
(a) The Application relates to a project originally approved by the City Council on
June 20, 1995, The approved project would subdivide' a 2.55 acre parcel
into four residential lots for the eventual development of four -custom single
family residences ranging from approximately 4,000- to 8,000 square feet. '
The Application has 'been amended to reduce the subject property to three
parcels. Lots will vary in size from .800 to .929 acres.
(b) The project site has a General Plan Land Use designation of Low Density
Resident ial-Maxi mum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is
zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-
1-8,000).
(c) Generally, the following zones surround the project site: To the north is the R-
1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the south
is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west
is the R- 1-9, 000 Zone.
(d) The extension of time request does not alter the map's design or any
standards or conditions of approval related to the subdivision or the
Conditional Use Permit.
(e) The proposed construction or proposed use will be accomplished without endangering the health of
the remaining tree on the subject property.
The project site contains one oak tree located on the side property
line shared by Lots 2 and 3. The proposed construction or proposed
5. Based on the findings and conclusions set forth above, the Planning
(a) Tentative Parcel Map No. 23382 shall be developed in substantial
conformance to plans dated July 27, 1999, labeled Exhibit "A" and
Exhibit "B" - Mitigation Monitoring Program dated March 1995, as
(b) The site shall be maintained in a condition that is free of debris both
during and after the construction, addition, or implementations of the
entitlement 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, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
(c) All conditions of approval listed within City Council Resolution No. 95-36
and Resolution No. 95-37 shall remain in full force and effect unless
(d) Condition 5.13 (5) of City Council Resolution Nos. 95-36 and 95-37,
The Applicant/Subdivider, at Applicant/Subdivider's sole cost and
expense, shall construct all required improvements on his property.
If any required improvements on his property have not been
completed by Applicant/Subdivider and accepted by the City prior to
the approval of the parcel map, Applicant/Subdivider shall enter into
a subdivision agreement with — the City and shall post the
appropriate security, guaranteeing completion of the improvements,
prior to parcel map approval.
(e) Applicant shall protect and preserve the existing oak tree pursuant to
line. Fencing shall be installed and shall remain during the construction of the
homes on Lots 2 and 3. Fencing shall not be removed until each home has
received final Planning Division inspection or Certificate of Occupancy.
The existing oak tree shall be maintained in perpetuity. At the
Applicant's expense, the existing oak tree shall be monitored for a 5 -
year period, and the Applicant shall submit to the City inspections
and reports prepared by a certified and licensed landscaper, arborist,
or biologist, who has been approved by the City. The first year
(g) Planting material which may be installed within the oak tree drip line
shall be drought tolerant only. Irrigation installed, if any, within this
(h) The future homeowners, shall receive a "Buyers' Awareness" Package
at escrow, with a signed receipt from the future homeowner,
submitted to the City, acknowledging the future homeowner's
(i) The Applicant shall provide proof of access to the site, through the
Country Estates, for review and approval by the City Attorney prior
The Applicant shall cooperate in the placement and construction of
the emergency gate and related access to be located at the ten -
(k) The Applicant shall fund the cost of all roadway modifications at the
emergency gate
(1) The proposed grading and building envelopes as shown on the rough
grading plan shall be modified to ensure the protection and
preservation of the existing oak tree. A grading permit shall not be
issued until said modifications have been reviewed and approved by
(in) The tentative parcel map shall be revised to the satisfaction of the City
Engineer, to ensure that no grading or construction of any kind
(n) Prior to recordation of the final map, the Applicant shall cause the
preparation of a tree pruning and maintenance program by a professional
licensed arborist. Tree pruning and maintenance shall be provided to
promote the health and natural growth of the oak tree and shall be provided
approved by the City. The existing oak tree shall be protected and
(o) A bond or other security (as approved by the City Attorney) shall be
submitted to ensure the permanent protection and preservation of
the existing oak tree. The monetary value of the bond shall be
determined by the formula developed by the Council of Tree and
Landscape Appraisers, or equivalent organization, as approved by
(p) This grant is valid for one year from April 20, 1999, to April 20, 2000,
and shall be exercised (i.e., construction started) or extended within
(q) This -grant shall not be effective for any purpose until the permittee and
owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval of this grant, with the City of
Diamond Bar Community and Development Services Department,
an affidavit stating that they are aware of and agree to accept all the
conditions of this grant. Further, this grant shall not be effective until
(r) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a documentary handling
fee in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and
wildlife, the applicant shall also pay to the Department of Fish and
The Planning Commission
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Warren Dolezal, The Dolezal Family Limited Partnership, 4251 S. Higuera
APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 1999, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
BY: 0-1 Steve Tye, Cha Tln
AI
1. James DeStefano, Planning Commission Secretary, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the Planning
Commission of the City of Diamond Bar, at a regular meeting of the Planning
AYES: Tye, kuo, McManus, and Ruzicka
NOES: None
ABSENT: Nelson ABSTAIN: None
A ATTEST:
W—est—efanoS 'chary Jam'
eStefano, Secret„ ary