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HomeMy WebLinkAboutRES 2017-08CITY COUNCIL RESOLUTION NO. 2017-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO. 72035 FOR THE SUBDIVISION OF AN EXISTING 4.2 ACRE LOT INTO THREE LOTS FOR THE FUTURE DEVELOPMENT OF NEW SINGLE-FAMILY RESIDENCES ON THE TWO NEWLY CREATED LOTS LOCATED AT 22702 TIMBERTOP LANE, DIAMOND BAR, CALIFORNIA (APN 8713-028-012). 1. The property owner, USA Rongchen Development, Inc., and applicant, Tritech Associates, Inc., have filed an application for Tentative Parcel Map No. PL2016-01 to subdivide an existing lot into three separate lots for the development of a single-family residence on each lot located at 22702 Timbertop Lane. 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 183,203 gross square feet (4.2 acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 1229256.1 3. The legal description of the subject property is Lot 130 of Tract No. 30578. The Assessor's Parcel Number is 8713-028-012. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on March 10, 2017. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the Project vicinity. 5. On February 14, 2017, 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. At that time, the Planning Commission recommended that the City Council approve the Project, subject to conditions. 6. On March 21, 2017, the City Council 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 7. In accordance with the California Environmental Quality Act ("CEQA"), on January 25, 2017, the Community Development Department prepared and filed 2017-08 an Initial Study/Environmental Checklist and Notice of Intent to adopt a Mitigated Negative which analyzed the potential impacts of the Project ("NOI"). The NOI was circulated for a 20 -day period ending on February 13, 2017 in accordance with CEQA Guidelines section 15105, 8. A final Mitigated Negative Declaration ("MND") has been prepared, which MND concludes that with the mitigation proposed by the MND that the Project will not have a significant effect on the environment. 9. The was considered by the Planning Commission at its duly conducted public hearing on February, 14, 2017 and recommended for approval. 10. Notification of the public hearing at which this matter was heard was mailed to property owners within 1000 feet of the Project site and published in the Inland Valley Daily Tribune and the San Gabriel Valley Tribune. The Project site was posted with a notice display board and posted at three designated places within the City. 11. 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, are have been available to the public and City Council for review. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The City Council has considered the MND together with comments received during the public review process and finds on the record before it that there is no substantial evidence that the Project will have a significant effect on the environment and that the MND reflects the City's independent judgment and analysis and therefore, by this Resolution adopts the MND and directs City staff to file a notice of determination with the Clerk of Los Angeles County within five days of adoption of this Resolution. 3. The City Council approves the Project, finding it consistent with the City's Subdivision Ordinance and the Subdivision Map Act as further detailed below. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20.080, the City Council hereby makes the following findings: - The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and 2017-08 alterations which have been incorporated into and conditioned upon the Project, there is no evidence before this City Council that the Project will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Tentative Map Findings: Pursuant to Section 21.20.080 of the City's Subdivision Ordinance, this City Council makes the following findings: a. The Project, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan; The Project involves the subdivision of an existing 183,203 square -foot (4.2 gross acre) gross lot into three lots to accommodate the existing residence, and two vacant parcels for the future development of new single-family residences. Proposed Parcel 1 is 64,297 square feet (1.47 acres), proposed Parcel 2 is 65,326 square feet (1.5 acres) and proposed Parcel 3 is 53,580 square feet (1.23 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 Parcels 2 and 3_ 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. b. The Project site is physically suitable for the type and proposed density of development; The Project 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 4.2 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 and 15072 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 2017-08 January 25, 2017, with the Los Angeles County Clerk. Pursuant to CEQA Section 15015, the public review period for the Mitigated Negative Declaration began January 25, 2017, and ended February 13, 2017. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies will 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, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies will ensure that the 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. Proposed Parcel 1 has an existing shared driveway with the adjacent property located at 22710 Timbertop Lane. Ingress and egress rights to and from the easement(s) for Parcel l will be maintained. The Project will not conflict with this shared access. The Project will not interfere with 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 for each lot. 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 Project will not violate any requirement of the California Regional Water Quality Control Board. Per the sewer system analysis submitted by Tritech Engineering Associates dated August 18, 2016, there will be no adverse effect on the existing public sewer system. The Project will be connecting to the existing public sewersystem which is in compliance with the California Regional Water Quality Control Board. 0 2017-08 g. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and The grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. h. The Project is consistent with all applicable provisions of the City's Subdivision Ordinance, the Development Code, and the Subdivision Map Act. As discussed in more detail above and in the administrative record, the Project is consistent with the City's Subdivision Ordinance, the Subdivision Map Act, and City Development Code. In addition, the development of the new single-family residences on each lot will be processed through a Development Review application for compliance with the City's development standards. 2. Based on the findings and conclusions set forth herein, the City Council approves Tentative Parcel Map No. 72035, subject to the following conditions and the attached Standard Conditions of Approval: a. GENERAL The approval of Tentative Parcel Map No. PL 2016-01 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 21.20.140. The applicant may request in writing for a three year time extension if submitted to the City no less than 60 days prior to the approval's expiration date, subject to DBMC 21.20.150 for City Council approval; 2. Within five days of this approval, the property owner/applicant (sometimes referred to herein as "subdivider") shall pay to the City, the Department of Fish and Wildlife fee pursuant to Section 711.4 of the Fish and Game Code; 3. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Los Angeles County Fire Department; 4. This approval shall not be effective for any purpose until the applicant and owner of the property have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. PL 2016-01, at the City of Diamond Bar Community Development Department, their affidavit 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 the remaining City processing fees, school fees and fees for the review of submitted reports; 2017-08 5. The development of new single-family residences on each lot shall be submitted for review and approval of a Development Review 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; and 8. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. TENTATIVE PARCEL MAP CONDITIONS Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied; 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; 3. All utilities shall be installed underground in compliance with DBMC Section 21.30.110; 4. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance; 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; 6. Prior to Final Map Approval, the subdivider shall pay a parkland dedication impact fee for park and recreational purposes in the amount of $48,228.00, which equals the parkland obligation derived from the formula in DBMC 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. If the subdivider objects to the valuation, the subdivider, at his/her expense, may 6 2017-08 obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision; 7. Approval of Tentative Parcel Map No. 72035 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property; 8. The subdivider shall install any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like in accordance to DBMC Section 21.34.020 thru 21.34.030; 9. The construction of the single-family residences on Parcels 2 and 3 shall not occur simultaneously; and 10. Prior to Final Map Approval, the applicant shall provide evidence satisfactory to the City that the proposed subdivision complies with any Covenants, Conditions and Restrictions ("CCRs") applicable to the subdividing of the property at the time of filing of the Final Map and has, consistent with such CCRs, received necessary approvals from the Diamond Bar Country Estates Association, or in the alternative, provided evidence that no such approvals are required. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: USA Rongchen Development Inc., 21614 Fairwind Lane, Diamond Bar, CA 91765, and Tritech Associates, Inc, 135 N. San Gabriel Blvd., San Gabriel, CA 91775. 7 2017-08 APPROVED AND ADOPTED THIS 21ST DAY OF MARCH 2017, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. i By: Jimmy Lin, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, approved and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 21St day of March 2017, by the following vote: AYES: Council Member: Herrera, Lyons, Tye, MPT/Low, M/Lin NOES: Council Member: None ABSTAIN: Council Member: None ABSENT: Council Member: None ATTEST: ,P d&- Tommy6 Cribbins, City Clerk City of Diamond Bar 2017-08 DMI10ND BARCOMMUNITY 'DEVELOPMENT DEPARTMENT tl➢]nil1?,�� � STANDARD Oi REMODELED STRUCTURES .. • Tentative Parcel Map No. PL 2016-01 SUBJECT:To subdivide an existing 183,203• •• acres) gross lot residenceinto three separate lots for the development of a single-fanfli v PROPERTY USA Ronqchen Development, Inc. OWNER(S): 21614 Fairwind Lane Diamond Bar, CA 91765 APPLICANT: Tritech Associates, Inc. 135 N. San Gabriel Blvd. San Gabriel, CA 91775 APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b)(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 Tentative Parcel Map No. PL 2016-01 brought within the time period provided by Government Code Section 66499.37 or any claim, action or proceeding alleging subdivision of the property is prohibited by contract, Covenants, Conditions, and Restrictions, or similar instruments. In the event the city and/or its officers, agents and employees are made a party of any such action: 2017-08 (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. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The subdivider/applicant shall remove the public hearing notice board within three days of this project's approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, - FORCOMPLIANCEWITH THE FOLLOWING CONDITIONS: 1. Los Angeles County Fire Department approval will be required. 2. The garages of the new residences shall be oriented for adequate back-up clearance as required by Public Works. 3. The project lies in a fire zone. Landscape and house design will require fuel modification and fire zone measures be implemented. 4. Parcel 1 shall be maintained with erosion control and maintenance of the existing property, including the pool._ 5. Design of structures and grading shall be in conformance with geotechnical reports for the property including those by Cal Land Engineering, Inc. 6. All existing parcels shall be maintained free and clear of any trash and debris. 7. All structures shall maintain slope setbacks per CBC Figure 1805.3.1. 8. All work shall be in conformance to the current adopted California Building Code series based on the date of filing for the plan check application. 10 2017-08 APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. A permit from the Los Angeles County Public Works Department shall be required for connection to its facilities. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the respective utility company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 7. Easements, satisfactory to the City Engineer 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. 8. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 9. 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. B. GRADING Applications for the grading/development of the newly created lots shall be submitted to the Public Works/Engineering Department for review and approval. 11 2017-08 All pertinent improvement plans shall be approved by the City Engineer accordingly and other applicable City Departments as determined necessary. 2. Grading plans for each lot shall be submitted to the Community Development Department/Planning Division for review and approval prior to issuance of grading and building permits. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 4. The maximum grade of driveways serving building pad areas shall be 20 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent or greater shall incorporate grooves for traction into the construction as required by the City Engineer. 5. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. C. DRAINAGE Cross lot drainage easements, if applicable, shall be identified on the final map. Cross lot drainage will not be permitted unless that is the natural drainage course. D. UTILITIES Easements, satisfactory to the City Engineer 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. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including sewer laterals, water, gas, electric power in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 3. Underground utilities shall not be constructed within five feet of the drip line of any mature tree except as approved by a registered arborist. 12 2017-08 E. SEWERS 1. 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, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to Final Map Approval. If said improvements are not completed prior to final map approval, a subdivision agreement shall be executed by the applicant and security posted ensuring the completion of improvements. ME 13 2017-08 obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision; 7. Approval of Tentative Parcel Map No. 72035 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property; 8. The subdivider shall install any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers and the like in accordance to DBMC Section 21.34.020 thru 21.34.030; 9. The construction of the single-family residences on Parcels 2 and 3 shall not occur simultaneously; and 10. Prior to Final Map Approval, the applicant shall provide evidence satisfactory to the City that the proposed subdivision complies with any Covenants, Conditions and Restrictions ("CCRs") applicable to the subdividing of the property at the time of filing of the Final Map and has, consistent with such CCRs, received necessary approvals from the Diamond Bar Country Estates Association, or in the alternative, provided evidence that no such approvals are required. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: USA Rongchen Development Inc., 21614 Fairwind Lane, Diamond Bar, CA 91765, and Tritech Associates, Inc, 135 N. San Gabriel Blvd., San Gabriel, CA 91775. 7 2017-08