HomeMy WebLinkAboutPC 2001-26-- — ._-- .__—.____---1__�_--moi h,�JLHIII.d.IIYgoL..dluYnYll..x���.,.-..,kr�-Fi,v_-.,I.a��..ax,x.�,-.,,-,-ex m.,,. •..m•nu,..n,t .-. x.nxuni..��.�n�r m..��..�,��.»....�.�.,.,..,„„„ou..---_—_. ,_—__ _._'_ _ ____— _-- ___ -.__._ ___._ .
_ PLANNING COMMISSION
r _ RESOLUTION NO. 2001-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF TENTATIVE PARCEL MAP NO. 26235 AND THE
ENVIRONMENTAL EXEMPTION SET FORTH HEREIN FOR A 3 LOT
SUBDIVISION LOCATED ON THE SOUTHWESTERLY SIDE OF OAK
KNOLL DRIVE 1N DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, C & A Developers and the applicant, Diamond Bar East Partners,
have filed a Tentative Parcel Map Application (TPM No. 26235) to subdivide two parcels
totaling 5.5 acres into three (3) lots for the eventual development of three custom single-
family homes. The project site is located on the southwesterly side of Oak Knoll Drive at
its terminus in Diamond Bar, California.
2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal
corporation of the State of California. Subsequently, the Diamond Bar City Council
r adopted its Development Code (Title 22) and Subdivision Ordinance (Title 21). Titles 21
and 22 of the Diamond Bar Municipal Code contain the review criteria applicable to
TPM 26235.
3. Notification of the Applicant's public hearing has been made in accordance with the
provisions of the City's Development Code.
4. On July 24, 2001, the Planning Commission of the City of Diamond Bar conducted a duly
noticed public hearing on TPM 26235. The public hearing was opened and comments
were received.
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 environmental evaluation shows that the proposed project is consistent with the
previously certified Master Environmental Impact Report No. 91-2 for Tract Map 48487.
Pursuant to Section 15162(a) of Article 11 of the California Code of Regulations, no further
environmental review is necessary.
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3. The Planning Commission declares that the information contained in the staff report and
testimony given at the public hearing are incorporated in this resolution and comprise the
basis upon which the following findings have been made:
(a) The proposed project relates to two partially graded parcels that are vacant and
contains approximately 5.5 acres.
(b) The project site has a General Plan land use designation of RR (Rural Residential
- Maximum One Dwelling Per Acre). It is zoned A-2-2 (Los Angeles County
Heavy Agricultural) and the corresponding City of Diamond Bar Rural Residential
(RR).
(c) Generally, the following zones surround the project site: to the north, and west
R-1, 20,000 and to the east and south A-2-2.
(d) The request for approval of TPM 26235 is a request to subdivide two parcels of
land totaling 5.5 acres into three lots for the future development of three custom
single-family homes.
(e) The approximate gross land area of the lots proposed under TPM 26235 are: 1.5
ac., 1.9 ac., and 2.1 ac. Respective net land areas, exclusive of road easements
are: 1.3 ac., 1.6 ac., and 2.0 ac.
Tentative Parcel Map
(f) The proposed map is consistent with the General Plan and applicable Specific
Plans.
The General Plan's land use designation for the project area is Rural Residential
(RR) which provides for a maximum of one (1) du/acre. TPM 26235 proposes
three lots varying in size from 1.5 to 2.1 gross acres, with an average lot size of
1.8 gross acres. The project's overall density is 0.55 dwelling units per gross acre.
Therefore, the proposed TPM 26235 is consistent with the City's adopted General
Plan.
The proposed project is designed utilizing the standards and guidelines
established in the City's Development Code and Subdivision Ordinance. This will
ensure that the proposed project is in compliance with the adopted General Plan.
(g) The design or improvement of the proposed subdivision is consistent with
applicable General and Specific Plans.
The General Plan's land use designation provided for the project area is Rural
Residential (RR max. 1 du/acre). TPM 26235 proposes three lots varying in size
from 1.5 gross acres to 2.1 gross acres, with an average lot size of 1.8 gross
acres. Therefore, the proposed TPM 26235 is consistent with the City's adopted
General Plan.
2
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(h) The site is physically suitable for the type of development.
The proposed project is approximately 5.5 -acres, which will be divided into three
lots. Gross lot sizes vary from between 1.5 acres to 2.1 acres. The proposed
development for this site will be one (1) custom single-family home per parcel.
The site has adequate access to public/private streets and all public infrastructure.
The site is similar in terms of topography and size to the surrounding developed
neighborhood.
(i) The site is physically suitable for the proposed density of development.
The proposed project is approximately 5.5 acres with a resultant density of .55
dwelling units per acre. The density is consistent with the provisions of the
Development Code and the adopted General Plan.
Q) The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or injure fish or wildlife or their habitat.
All substantial environmental issues have been examined and addressed by the
certified Master Environmental Impact Report No. 91-2. Additionally, a Mitigation
Monitoring Plan (MMP) was prepared, and TPM 26235 will adhere to the
guidelines and measures addressed in the adopted MMP.
(k) The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems.
The design of the subdivision or type of improvements is not likely to cause
serious public health problems due to the following:
(1) Slope instability will not occur due to the introduction of project features
like shear keys and the removal of landslide areas along the western and
eastern facing slopes;
(2) No active faults transect the project site and the project site is not located
in an Alquist-Priolo Special Studies Zone. Therefore, the potential for
ground rupture is minimal. Additionally, the expected ground shaking
levels are within the range of current engineering practices for
construction of habitable structures. Therefore, the project is in an area
that does not pose significant hazard when structures are designed in
accordance with the Uniform Building Code (UBC). Structures for this
project will comply with the standards of the UBC through the City's permit
process; and
(3) The proposed project will comply with the required standards of the Los
Angeles County Fire Department. A fuel modification plan, appropriate
access and turnarounds for fire equipment, and fire hydrants in
3
appropriate locations with adequate flow are conditions of approval, as
specified by the Fire Department.
(1) The design of the subdivision or the type of improvements will not conflict with
easements, acquired -by the public at large for access through or use of, property
within the proposed subdivision.
Conditions of approval are incorporated into the project which provide for future
street easements, the installation and maintenance of utilities, slope and drainage
easement, and "restricted use" area easements and appropriate access
easements. Therefore, the design of the subdivision and improvements will not
conflict with easements, acquired by the public at large, for access through or the
use of property within the proposed subdivision.
(m) The discharge of sewage from the proposed subdivision into the community sewer
system will not result in violation of existing requirements prescribed by the
California Regional Water Quality Board.
The proposed project will not violate existing requirements of the Walnut Valley
Water District.
(n) If a preliminary soils report or geological hazard report indicates adverse soil or
geological conditions, the subdivider has provided sufficient information to the
satisfaction of the City Engineer or Council that conditions can be corrected in the
plan for the development.
All soils and geological hazard concerns have been considered and adequately
addressed by the Mitigation Monitoring Plan adopted as a condition of approval of
Tract Map 48487.
(o) The proposed subdivision is consistent with all applicable provisions of,the City of
Diamond Bar Subdivision Ordinance, the Development Code, any other applicable
provisions of the Municipal Code, and the Subdivision Map Act.
The proposed project meets all the requirements of the City of Diamond Bar
Subdivision Ordinance, Development Code, Diamond Bar Municipal Code, and the
Subdivision Map Act.
4. Based on the findings and conclusions set forth above, the Planning Commission hereby
recommends City Council approval of TPM 26235 subject to the following conditions:
a. General:
(1) The project site shall be developed in conformance with: TPM 26235, the
unmodified components and conditions of approval of Tract Map 48487 as
delineated in Diamond Bar City Council Resolution No. 92-34 and the
site's Mitigation Monitoring Plan.
r-`
(2) The project site shall be maintained in a condition that is free of debris
both during and after 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 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 or it shall be the applicant's obligation to
ensure that the waste contractor utilized has obtained permits from the
City of Diamond Bar to provide such services.
(3) This approval shall not be effective for any purpose until the applicant and
owner of the property have filed within 15 days of approval of this map, at
the City of Diamond Bar's Community and Development Services
Department/Planning Division, their Affidavit of Acceptance stating that
they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicant pays all
remaining Planning Division processing fees.
(4) In accordance with Government Code Section 66474.9 (b)(1), the
applicant shall defend, indemnity, and hold harmless from any claim,
j action, or proceeding against the City or its agents, officers, or employees
to attack, set aside, void or annul, approval of TPM 26235 brought within
. w the time period provided for in Government Code Section 66499.37.
(5) The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric
Code, and all other applicable construction codes, ordinances and
regulations in effect at the time of grading and building permit issuance.
(6) The proposed TPM 26235 is exempt from further environmental review as
it is in substantial compliance with the Master Environmental- Impact
Report. Because the project is exempt from the provisions of CEQA it is
also exempt from the fee requirements of the State Department of Fish
and Game as set forth in Section 711,4 of the Fish and Game Code.
(7) Applicant shall pay development fees (including, but not limited to
Planning and Building and Safety Divisions, Public Works Division,
1
Engineering Division, and school fees) at the established rates, prior to
final map approval, issuance of building or grading permits (whichever
comes first), as required by the City. Additionally, the Applicant shall pay
all remaining fees prior to the Map's recordation as required by the City.
I
(8) All equipment staging areas shall be located on the project site. The
staging area, including, material stock pile and equipment storage area,
shall be enclosed with a six foot high chain link fence. All access points to
5
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the fenced area shall be locked whenever the construction site is not
supervised. i Pl
(9) TPM 26235 is valid for two years. The applicant may file for a one-year
extension of the City's approval in the, event that the application for
extension is file with the City at least 30 days prior to the expiration date.
(10) The project site shall be maintained and operated in full compliance with
the conditions of this approval and applicable laws, and other regulations.
(11) Prior to the granting of any occupancy permits, all conditions of approval
and improvements shall be completed or bonded for, to the satisfaction of
the City.
b. Planning Division
(1) Applicant shall adhere to all conditions of approval as .delineated in
Resolution 92-34, adopted by the City Council of the City of Diamond Bar
on June 2nd, 1992.
C. Fire Department
(1) Applicant shall adhere to all conditions of approval as delineated in
Resolution 92.34, adopted by the City Council of the City of Diamond Bar
on June 2nd, 1992. 0
d. Public Works/Engineering Department
(1) Applicant shall adhere to all conditions of approval as delineated in
Resolution 92-34, adopted by the City Council of the City of Diamond Bar
on June 2nd, 1992.
.-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: Diamond
Bar East Partners, 3480 Torrance Blvd., Suite 300, Torrance, CA 90503.
APPROVED AND ADOPTED THIS 24th DAY OF JULY 2001, BY THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR.
BY.`
s -
Bob Zirbes, Chairman
M
,.... ,. I n „ .77.77. , ..,.N _
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 24th day of July, 2001, by the following vote:
AYES;
NOES:
ABSENT:
ABSTAIN:
ATTEST: d
James DeSt0ano, Secretary
7
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�_���
PLANNING
COMMISSION
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TENTATIVE PARCEL
MAP NO. 26235 AND THE ENVIRONMENTAL
EXEMPTION SET FORTH HEREIN FOR A 3 LOT
A. RECITALS.
1 The property owner, C & A Developers and the applicant, Diamond Bar East
Partners, have filed a Tentative Parcel Map Application (TPM No. 26235)
to subdivide two parcels totaling 5.5 acres into three ($) lots for the
eventual development of three custom singlefamily homes. The project
2. On April 18, 1989, the City of Diamond Bar was established as a duly
organized municipal corporation of the State of California. Subsequently,
the Diamond Bar City Council adopted its Development Code (Title 22)
and Subdivision Ordinance (Title 21). Titles 21 and 22 of the Diamond Bar
Municipal Code contain the review criteria applicable to TPM 26235.
3. Notification of the Applicant's public hearing has been made in accordance
4. On July 24, 2001, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on TPM 26235. The public
hearing was opened and comments were received.
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
1 This Planning Commission hereby specifically finds that all of the facts set forth
The environmental evaluation shows that the proposed project is consistent
with the previously certified Master Environmental Impact Report No. 91-2
for Tract Map 48487. Pursuant to Section 15162(a) of Article 11 of the
California Code of Regulations, no further environmental review is
necessary.
3. The Planning Commission declares that the information contained in the staff
report and testimony given at the public hearing are incorporated in this
(a) The proposed project relates to two partially graded parcels that are
(b) The project site has a General Plan land use designation of RR (Rural
Residential - Maximum One Dwelling Per Acre). It is zoned A-2-2
(Los Angeles County Heavy Agricultural) and the corresponding
(c) Generally, the following zones surround the project site: to the north,
(d) The request for approval of TPM 26235 is a request to subdivide two
parcels of land totaling 5.5 acres into three lots for the future
(e) The approximate gross land area of the lots proposed under TPM
26235 are: 1.5 ac., 1.9 ac., and 2.1 ac. Respective net land areas,
exclusive of road easements are: 1.3 ac.. 1.6 ac.. and 2.0 ac.
Tentative Parcel
(f) The proposed map is consistent with the General Plan and applicable
The General Plan's land use designation for the project area is
Rural Residential (RR) which provides for a maximum of one (1)
du/acre. TPM 26235 proposes three lots varying in size from 1.5 to
2.1 gross acres, with an average lot size of 1.8 gross acres. The
project's overall density is 0.55 dwelling units per gross acre.
The proposed project is designed utilizing the standards and
guidelines established in the City's Development Code and
(g) The design or improvement of the proposed subdivision is consistent
The General Plan's land use designation provided for the project
area is Rural Residential (RR max. 1 du/acre). TPM 26235
proposes three lots varying in size from 1.5 gross acres to 2.1 gross
acres, with an average lot size of 1.8 gross acres. Therefore, the
(h) The site is physically suitable for the type of development.
The proposed project is approximately 5.5 -acres, which will be
divided into three lots. Gross lot sizes vary from between 1.5
acres to 2.1 acres. The proposed development for this site will
be one (1) custom single-family home per parcel. The site has
adequate access to public/private streets and all public
(i) The site is physically suitable for the proposed density of
The proposed project is approximately 5.5 acres with a
resultant density of .55 dwelling units per acre. The density is
The design of the subdivision or the proposed improvements
All substantial environmental issues have been examined and
addressed by the certified Master Environmental Impact
Report No. 91-2. Additionally, a Mitigation Monitoring Plan
(MMP) was prepared, and TPM 26235 will adhere to the
guidelines and measures addressed in the adopted MMP.
The design of the subdivision or type of improvements is not
(1) Slope instability will not occur due to the introduction of
project features like shear keys and the removal of
(2) No active faults transect the project site and the project site
is not located in an Alquist-Priolo Special Studies Zone.
Therefore, the potential for ground rupture is minimal.
Additionally, the expected ground shaking levels are
within the range of current engineering practices for
construction of habitable structures. Therefore, the
project is in an area that does not pose significant
hazard when structures are designed in accordance with
(3) The proposed project will comply with the required
standards of the Los Angeles County Fire Department. A
appropriate locations with adequate flow are conditions
(1) The design of the subdivision or the type of improvements will
not -conflict with easements, acquired -by the public at large
Conditions of approval are incorporated into the project which
provide for future street easements, the installation and
maintenance of utilities, slope and drainage easement, and
"restricted use" area easements and appropriate access
easements. Therefore, the design of the subdivision and
(m) The discharge of sewage from the proposed subdivision into the
community sewer system will not result in violation of existing
The proposed project will not violate existing requirements of
the Walnut Valley Water District.
(n) If a preliminary soils report or geological hazard report indicates
adverse soil or geological conditions, the subdivider has
provided sufficient information to the satisfaction of the City
All soils and geological hazard concerns have been considered
and adequately addressed by the Mitigation Monitoring Plan
(o) The proposed subdivision is consistent with all applicable
provisions of,the City of Diamond Bar Subdivision Ordinance,
The proposed project meets all the requirements of the City of
Diamond Bar Subdivision Ordinance, Development Code,
4. Based on the findings and conclusions set forth above, the Planning
a. General:
(1) The project site shall be developed in conformance with:
TPM 26235, the unmodified components and conditions
of approval of Tract Map 48487 as delineated in Diamond
(2) The project site shall be maintained in a condition that
is free of debris both during and after 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 duly permitted waste
contractor, who has been authorized by the City to
provide collection, transportation and disposal of
(3) This approval shall not be effective for any purpose
until the applicant and owner of the property have
filed within 15 days of approval of this map, at the
City of Diamond Bar's Community and Development
Services Department/Planning Division, their
Affidavit of Acceptance stating that they are aware
(4) In accordance with Government Code Section 66474.9
(b)(1), the applicant shall defend, indemnify, and
hold harmless from any claim, action, or proceeding
against the City or its agents, officers, or employees
(5) The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code,
Uniform Plumbing Code, National Electric Code,
(6) The proposed TPM 26235 is exempt from further
environmental review as it is in substantial
compliance with the- Master Environmental- Impact
and Game as set forth in Section 711-4 of the Fish
and Game Code.
(7) Applicant shall pay development fees (including, but
not limited to Planning and Building and Safety
Divisions, Public Works Division, Engineering
Division, and school fees) at the established rates,
prior to final map approval, issuance of building or
grading permits (whichever comes first), as
required by the City. Additionally, the Applicant
shall pay all remaining fees prior to the Map's
recordation as required by the City.
(8) All equipment staging areas shall be located on the
project site. The staging area, including, material
stock pile and equipment storage area, shall be
the fenced area shall be locked whenever the construction
(9) TPM 26235 is valid for two years. The applicant may file for a
one-year extension of the City's approval in the, event that
the application for extension is file with the City at least 30
days prior to the expiration date.
(10) The project site shall be maintained and operated in full
(11) Prior to the granting of any occupancy permits, all conditions of
approval and improvements shall be completed or bonded
for, to the satisfaction of the City.
b. Planning Division
(1) Applicant shall adhere to all conditions of approval as delineated
in Resolution 92-34, adopted by the City Council of the City
C. Fire Department
(1) Applicant shall adhere to all conditions of approval as delineated
in Resolution 92-34, adopted by the City Council of the City
of Diamond Bar on June 2nd, 1992.
(1) Applicant shall adhere to all conditions of approval as delineated
in Resolution 92-34, adopted by the City Council of the City
of Diamond Bar on June 2nd. 1992.
-The-Pl8nning Commission shall:
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
APPROVED AND ADOPTED THIS 24th DAY OF JULY 2001, BY THE
BY'Bob Zirbes, Chairman
A
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 Commission held on the 24th day of July,
2001, by the following vote:
AYES: NOES: ABSENT: ABSTAIN: ATTEST:
ames DeStefano, pSecretary