HomeMy WebLinkAboutRES 2026-11PLANNING COMMISSION
RESOLUTION NO. 2026-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, RECOMMENDING APPROVAL OF MITIGATED NEGATIVE DECLARATION
AND TENTATIVE PARCEL MAP NO. 83773 FOR THE SUBDIVISION OF AN EXISTING
2.3 ACRE LOT INTO TWO LOTS FOR THE FUTURE DEVELOPMENT OF A NEW
SINGLE-FAMILY RESIDENCE ON THE NEWLY CREATED LOT LOCATED AT 23901
RIDGE LINE ROAD, DIAMOND BAR, CALIFORNIA (APN 8713-004-016).
A. RECITALS
1. The property owner, Arun Jain, and applicant, Pete Volbeda, have filed an
application for Tentative Parcel Map No. 83773 Case No. PL2022-119 to
subdivide an existing lot into two separate lots for the development of a single-
family residence on the newly created lot located at 23901 Ridge Line Road.
Hereinafter in this resolution, the subject Tentative Parcel Map shall be
collectively referred to as the "Project."
2. The subject property is made up of one parcel totaling 100,188 gross square
feet (2.3 acres). It is located in the Rural Residential (RR) zone with an
underlying General Plan land use designation of Rural Residential.
3. The legal description of the subject property is Lot 62 of Tract No. 30091. The
Assessor's Parcel Number is 8713-004-016.
4. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune newspaper on August 28, 2026. Public hearing notices
were mailed to property owners within a 1000-foot radius of the project site. In
addition to the published and mailed notices, the project site was posted with a
display board and public notices were posted at the City's designated
community posting sites.
5. On September 8, 2026, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date; and
6. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the City of
Diamond Bar, Community Development Department, Planning Division,
21810 Copley Drive, Diamond Bar, CA 91765.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct; and
2. In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15070, the City prepared and filed an Initial Study and Notice
of Intent to Adopt Mitigated Negative Declaration for the project on August 12,
2026, with the Los Angeles County Clerk. Pursuant to CEQA Section 15105,
the public review period for the Mitigated Negative Declaration began on August
12, 2026, and ended September 1, 2026, for a total of 20 days.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar City Code (DBCC) Section 21.20, this Planning Commission hereby
recommends that the City Council make the following findings:
1. 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;
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of
the City's Subdivision Ordinance, the Planning Commission recommends that
the City Council make the following findings:
a. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the general plan and any applicable
specific plan;
The proposed project involves the subdivision of an existing 100,188
square -foot (2.3 gross acre) lot developed with an existing single-family
residence into two lots for the future development of a new single-family
residence on the newly created lot. Proposed Parcel 1 is 48,352 square
feet (1.11 gross acres) and proposed Parcel 2 is 51,836 square feet
(1.19 gross acres). The property is zoned Rural Residential (RR), and
the underlying General Plan land use designation is also named Rural
Residential. The development of a single-family residence on Parcel 2
will be processed through a Development Review application for
compliance with the City's General Plan, City Design Guidelines and
development standards. The project will provide additional
homeownership opportunities of single-family housing that will be
compatible with the surrounding development.
The project site is not part of any theme area, specific plan, community
plan, boulevard or planned development.
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PC Resolution No.2026-11
The site is physically suitable for the type and proposed density of
development;
The proposed subdivision will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of each lot
is for a single-family home and the surrounding uses are also single-
family homes. The maximum allowed density for the Rural Residential
general plan land use designation and zoning district is one dwelling unit
per gross acre (1 DU/Acre). Therefore, with a 2.3-acre lot, the proposed
project is in compliance with the City's General Plan with regards to
density. Also, the proposed location of the building pads and footprints
are in compliance with the development standards.
C. The design of the subdivision or the proposed improvements will not
cause substantial environmental damage or injure fish or wildlife or their
habitat;
An initial study was prepared and it was determined that the proposed
project qualifies for a Mitigated Negative Declaration. With the proposed
mitigation measures, the project will not have a significant effect on the
environment. In accordance to the provisions of Section 15070 of the
CEQA guidelines, the City prepared and filed a Notice of Availability and
Intent to Adopt a Mitigated Negative Declaration for the project on
August 12, 2026, with the Los Angeles County Clerk. Pursuant to CEQA
Section 15015, the public review period for the Mitigated Negative
Declaration began August 12, 2026, and ended September 1, 2026.
The design of the subdivision or type of improvements will not cause
serious public health or safety problems;
For the future development of the new single-family residence, grading
shall be constructed, operated, and maintained in accordance with the
recommendations contained in a preliminary geotechnical investigation
to assure that geotechnical stability is maintained or increased. Detailed
drainage and hydrology studies shall be completed, including the
potential for debris flows, and the proposed conditions of approval will
likely prevent any significant increases in erosion and flood hazards.
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution, Building and
Safety Division, Public Works Department, and Los Angeles County Fire
Department requirements. Through the permit and inspection process,
the referenced agencies will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially injurious to
the properties or improvements in the vicinity.
e. The design of the subdivision or 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.
PC Resolubon No.2026-11
The proposed subdivision will not interfere with easements, vehicular or
pedestrian movements, such as access or other functional requirements
of a single-family residence because the proposed parcels will comply
with the requirements for driveway widths.
f. The discharge of sewage from the proposed subdivision into the
community sewer system would not result in violation of existing
requirements prescribed by the California Regional Water Quality Control
Board;
The proposed subdivision will not violate any requirement of the
California Regional Water Quality Control Board. The project will be
connecting to the existing public sewer system which is in compliance
with the California Regional Water Quality Control Board.
g. A preliminary soils report or geologic hazard report does not indicate
adverse soil or geologic conditions; and
For the future development of the new single-family residence, grading
shall be constructed, operated, and maintained in accordance with the
recommendations contained in a preliminary geotechnical investigation
to ensure that geotechnical stability is maintained or increased.
h. The proposed subdivision is consistent with all applicable provisions of
the City's Subdivision Ordinance, the Development Code, and the
Subdivision Map Act.
The proposed subdivision is consistent with the City's Subdivision
Ordinance, Subdivision Map Act, and applicable Development Code. In
addition, the development of a new single-family residence on the newly
created lot will be processed through a Development Review application
for compliance with the City's development standan:ls.
2. Based on the findings and conclusions set forth hr-rein, the Planning
Commission hereby recommends that the City Council approve Tentative
Parcel Map No. 83773, subject to the following conditions and the attached
Standard Conditions of Approval:
a. GENERAL
1. The following Conditions of Approval, including the Standard
Conditions of Approval attached hereto, shall be binding on and
enforceable against, and, whenever used herein, the terms "applicant",
"owner", and/or "applicant/owner' shall mean and refer to, each of the
following: the project applicant, Pete Volbeda, the owner(s), Arun Jain,
and tenants(s) of the property, and each of their respective successors
and assigns.
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PC Resolution No.2026-11
2. This approval shall not be effective for any purpose until the
applicant/owner of the property involved has filed, within twenty-one
(21) days of approval of this Tentative Parcel Map No. 83773, Case
No. PL2022-119, at the City of Diamond Bar Community Development
Department, an affidavit stating that the applicant/owner is aware of
and agrees to accept all the conditions of this approval. Further, this
approval shall not be effective until the applicant pays the remaining
City processing fees.
3. Within five days of this approval, the subdivider/applicant shall pay to
the City, the Department of Fish and Wildlife fee pursuant to Section
711.4 of the Fish and Game Code.
4. The subdivision shall comply with the Conditions of Approval attached
hereto and referenced herein.
5. The development of a new single-family residence on the new lot shall
be submitted for review and approval of a Development Review
application and shall comply with the City's Development Code.
6. Prior to any use of the project site being commenced thereon, all
conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance
with the conditions of approval and all laws, or other applicable
regulations.
8. Pursuant to Government Code Section 66020, the Applicant is
informed that the 90-day period in which the Applicant may protest the
fees, dedications, reservation or other exaction imposed on this
approval through the conditions of approval has begun.
9. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
b. TENTATIVE PARCEL MAP CONDITIONS
1. Prior to the recordation of the final map, the development shall comply
with the specific requirements of Chapter 21.30 (Subdivision Design
and Improvement Requirements) and Chapter 21.34 (Improvement
Plans and Agreements) of the Diamond Bar City Code, as applicable.
Final map approval will not be granted unless the map is in substantial
compliance with Tentative Parcel Map No. 83773 including all
conditions, and the applicant has entered into a subdivision
improvement agreement to the satisfaction of the City Attorney.
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PC Resolution No.2026-11
2. The development shall secure compliance with the requirements of the
Subdivision Ordinance and the General Plan and shall comply with the
Conditions of Approval attached hereto and referenced herein.
3. This approval of Tentative Parcel Map No. 83773, Case No. Pl_2022-
119 expires three years from the date of approval if the use has not
been exercised as defined per Diamond Bar City Code Section
(DBCC) 21.20.140. The applicant may request for a time extension if
such request submitted to the City in writing is no less than 30 days
prior to the approval's expiration date, subject to DBCC
Section 21.20.150 for City Council approval.
4. Prior to the issuance of a grading permit, the development shall comply
with the Mitigation Monitoring and Reporting Program for the Mitigated
Negative Declaration. All required mitigation monitoring fees shall be
deposited with the City 90 days. All costs related to the ongoing
monitoring shall be secured from the applicant and received by the City
prior to the approval of the final map.
5. Approval of the Tentative Parcel Map is for subdivision of land only. No
land use or development entitlements are expressed or implied.
6. The development shall provide parcels, easements or rights -of -way for
private streets, water supply and distribution systems, sewage disposal
systems, storm drainage facilities, solid waste disposal and public
utilities providing electric, gas, and telecommunications services.
7. All utilities shall be installed underground in compliance with DBCC
Section 21.30.110.
8. The design of the subdivision shall provide, to the extent feasible, for
future passive or natural heating or cooling opportunities in the
subdivisions, in compliance with Subdivision Map Act Section 66473.1.
9. Prior to final parcel map approval, the subdivider shall pay a parkland
dedication in lieu fee for park and recreational purposes in the amount
of $47,600, which equals the parkland obligation derived from the
formula in DBCC Section 21.32.040(C) times the average per -acre fair
market value for the appropriate park planning area. For the purposes
of determining the required fee, the term "fair market value" shall mean
the market value of the land as determined by the City staff, and
approved by the Commission or Council, prior to or at tentative map
approval.
10. Approval of Tentative Parcel Map No. 83773 shall not be interpreted as
repealing, abrogating, or annulling any private easement, covenant, or
dual restriction imposed on the subject property.
The Planning Commission shall:
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PC Resolution No.2026-11
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Arun
Jain, 23901 Ridge Line Road, Diamond Bar, CA 91765, and Pete Volbeda, 215
N. 2nd Avenue Suite B, Upland, CA 91786.
APPROVED AND ADOPTED THIS 8TH DAY OF SEPTEMBER 2026, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
in
Brian Worthington, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 8th day of September, 2026, by the following vote:
AYES:
5
Commissioners:
Rawlings, Torres, Mehta, Mao, Worthington
NOES:
0
Commissioners:
None
ABSENT:
0
Commissioners:
None
ABSTAIN:
0
Commissioners:
None
ATTEST:
Greg Gubman, Secretary
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PC Resolution No.2026-11
AW COMMUNITY
DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Tentative Parcel Map No. 83773, Case No. PL2022-119
SUBJECT: To subdivide an existing 100,188 square -foot (2.3 gross acre) lot
into two separate lots for the development of a single-family
residence on the newly created lot
PROPERTY Arun Jain, 23901 Ridge Line Road, Diamond Bar, CA 91765
OWNER:
APPLICANT: Pete Volbeda, 215 N 2nd Avenue, Suite B, Upland, CA 91786
LOCATION: 23901 Ridge Line Road, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to attack,
set -aside, void or annul the approval of the Project. In the event the City and/or
its officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants.
(c) The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
2. Within thirty (30) days of this approval, Applicant shall execute and file with the
City an affidavit indicating full understanding and concurrence with the approval
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PC Resolution No.2026-11
and all conditions of approval; and pay all remaining outstanding City
processing fees, school fees and fees for the review of submitted reports
[DBCC Section 22.66.0201.
3. Within three days of this project's approval, the subdivider/applicant shall
remove the public hearing notice board.
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable Federal, State, or City
regulations.
5. The applicant shall comply with all applicable requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Los Angeles
County Fire Department.
6. City's approval of the proposed project shall not waive the applicant's obligation
to comply with all applicable sections of the Development Code, all other
applicable City Ordinances, and any applicable Specific Plan.
B. FEES/DEPOSITS
1. Prior to final parcel map approval as required by the City, applicant shall pay
development fees (including but not limited to Planning, Building and Safety
Divisions, and Public Works Department) at the established rates. In addition,
the applicant shall pay all remaining prorated City project review and processing
fees prior to final parcel map approval.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. A title report/guarantee showing all fee owners, interest holders, and nature of
interest shall be submitted for final map plan check. Prior to final map approval,
applicant shall submit an updated title report/guarantee and subdivision
guarantee ten (10) business days.
2. Any existing easement for open space, utilities, riding and hiking trails shall be
relocated and/or grading performed, as necessary, to provide, for the portion
within the project site, practical access for the intended use.
3. A permit from the Los Angeles County Public Works Department shall be
required for connection to its facilities.
4. Prior to final map approval, applicant shall submit written certifications to the
City that all utility services and any other service related to the site shall be
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PC Resolution N0.2026-11
available to serve the proposed project. Such letters shall be issued by the
district, utility and cable television company, within ninety (90) days prior to final
map approval.
5. All identified geologic hazards within the tentative parcel map boundaries which
cannot be eliminated as approved by the City Engineer shall be indicated on the
final map as "Restricted Use Area" subject to geologic hazard. The applicant
shall dedicate to the City the right to prohibit the erection of buildings or other
structures within such restricted use areas shown on the final map.
6. Easements and the utility companies, for public utility and public services
purposes shall be offered and shown on the final map for dedication to the City.
7. After the final map recordation, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size of electronic
copy of the recorded map. Final approval of the public or private improvements
shall not be given until the copy of the recorded map is received by the Public
Works/Engineering Department
8. All activities/improvements for the proposed Tentative Parcel Map shall be
wholly contained within the boundaries of the map. Should any off -site
activities/improvements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer.
9. Applicant shall pay the deposits required for plan check, review, and inspection
to a separate engineering trust deposit where charges can be drawn by the City
or its representatives for services rendered. Charges shall be on an hourly
basis and shall include any City administrative costs.
10. Prior to final map approval, applicant shall submit recorded document(s) from
the Diamond Bar Country Estates Association indicating the project will have
proper/adequate right -of -entry to the subject site.
B. GRADING
1. No grading or any staging or construction shall be performed prior to final map
approval by the City Council and map recordation.
C. UTILITIES
1. Easements for public utilities and public services purpose shall be offered and
shown on the detailed site plan for affected utility company.
2. Prior to final map approval, Will Serve Letters shall be submitted to the City
from all utilities such as, but not limited to, Los Angeles County Sanitation
Districts, phone, gas, water, electric, and cable. Such letters shall state that
adequate facilities are or will be available to serve the proposed project.
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PC Resolution No.2026-11
Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
The sanitary sewer system serving the parcels shall be connected to the Los
Angeles County maintained sewer system. Said system shall be of the size,
grade and depth approved by the City Engineer, the County Sanitation District
and Los Angeles County Public Works Department.
r:7RI
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PC Resolution No.2026-11