HomeMy WebLinkAboutRES 2017-33CITY COUNCIL
RESOLUTION NO. 2017- 33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 74368 TO SUBDIVIDE AN
EXISTING 13.35 GROSS ACRE LOT CONSTRUCTED WITH TWO EXISTING 3 -STORY
OFFICE BUILDINGS INTO THREE SEPARATE PARCELS LOCATED AT 21680 AND
21688 GATEWAY CENTER DRIVE, DIAMOND BAR, CALIFORNIA (APN 8293-050-002).
A. RECITALS
1. The property owner, BSP Senita Gateway Center LLC, and applicant, Fuscoe
Engineering, have filed an application for Tentative Parcel Map No. PL2017-25
to create a three -lot commercial office subdivision from a single parcel.
Hereinafter in this resolution, the subject Tentative Parcel Map shall be referred
to as the "Project."
2. The subject property consists of 581,483 square feet (13.35 acres), and is fully
developed with two 3 -story office buildings, an 864 -space parking lot, and
associated improvements. The subject property is located in the Business
Office (OB) zone with an underlying General Plan land use designation of
Professional Office.
3. The current legal description of the subject property is Lot 2 of Tract No. 39679.
The Assessor's Parcel Number is 8293-050-002.
4. Because the subject property is already developed, the primary intent of the
proposed subdivision is to enable the lease, sale or financing of individual
buildings. No new construction will take place and there will be no physical
changes to the building and property. The proposed subdivision will result in the
creation of separate parcels for each building, and the third parcel is for the
associated parking lot and other common areas which will continue to serve
both buildings under a shared use agreement controlled by Covenants,
Conditions, and Restrictions (CC&Rs).
5. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
September 1, 2017. Public hearing notices were mailed to property owners
within a 700 -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.
6. On September 12, 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.
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7. On October 17, 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.
8. 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 City Council of the.
City of Diamond Bar as follows:
1. 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; and
2. The Project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). Based on that assessment, the City has
determined the project to be Categorically Exempt from the provisions of CEQA
pursuant to the provisions of 15301 (k) (Subdivision of Existing Commercial
Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. No
further environmental review is required.
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, this City Council hereby
makes the following findings:
1. 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 alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there is no evidence
before this City Council 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 City Council 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 City Council makes 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 Project involves the subdivision of an existing 581,483 square -foot
(13.35 acre) lot developed with two existing 3 -story office buildings into
three separate parcels. No new construction will take place and there will
be no physical changes to the building and property. The proposed
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subdivision will result in the creation of separate parcels for each
building, and the third parcel is for the associated parking lot and other
common areas which will continue to serve both buildings under a
shared use agreement controlled by Covenants, Conditions, and
Restrictions (CC&Rs). The property is zoned Business Office (OB), and
the underlying General Plan land use designation is Professional Office.
The site is already developed and the proposed subdivision is in
compliance with the City's General Plan, Design Guidelines and
development standards.
b. The site is physically suitable for the type and proposed density of
development:
The subject property is already improved with existing buildings. No new
construction will take place, no physical changes to the buildings or
property are proposed, and no changes in land use are proposed.
C. The design of the subdivision or the proposed improvements will not
cause substantial environmental damage or injure fish or wildlife or their
habitat:
As stated, the subject property is already developed. The act of creating
parcels on the subject property for the purpose of lease, sale or financing
will have no material effect on fish, wildlife or their habitats.
d. The design of the subdivision or type of improvements will not cause
serious public health or safety problems:
The proposed subdivision will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of the
existing commercial buildings. The site is already developed and there
will be no physical changes to the building and property. The 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:
The proposed subdivision will not interfere with existing access from the
intersection at Corporate Center Drive and Valley Vista Drive. Access to
Parcels 1 and 2 will be provided through Parcel A. Parcel A will provide
reciprocal use and control, and shall have common ownership between
the proposed Parcels 1 and 2. The applicant is required to record a
Reciprocal Easement Agreement for parking, access, landscaping and
drainage purposes with the Los Angeles County Recorder's Office prior
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to final map approval.
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 site shall continue to be served by a separate sewer lateral
which shall not cross any other lot lines. In the event that it is
determined that the lot is not serviced by a separate independent sewer
lateral, joint sewer maintenance and sewer line easements which cross
the lot lines shall be identified in the joint agreements between
properties. Therefore, no further environmental review is required.
g. A preliminary soils report or geologic hazard report does not indicate
adverse soil or geologic conditions:
The property is already improved with existing buildings, therefore, no
soils report or geologic reports are required.
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.
The existing buildings comply with all required setbacks and
development code regulations.
2. Based on the findings and conclusions set forth herein, the City Council hereby
approves Tentative Parcel Map No. 74368, subject to the following conditions
and the attached Standard Conditions of Approval:
a. GENERAL
1. The approval of Tentative Parcel Map No. PL2017-25 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. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the
Los Angeles County Fire Department;
3. This approval shall not be effective for any purpose until the
applicant and owner of the property involved have filed, within
twenty-one (21) days of approval of this Tentative Parcel Map
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No. 74368, 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 pay the
remaining City processing fees, school fees and fees for the
review of submitted reports;
4. The project site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or other
applicable regulations; and
5. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
b. TENTATIVE PARCEL MAP CONDITIONS
1. Approval of the Tentative Parcel Map is for subdivision of land
only. No land use or development entitlements are expressed or
implied;
2. Prior to final map approval, the CC&Rs or other governing
document shall include an agreement that the three parcels shall
continue to operate as an integrated development (i.e., a single
"site"); and
3. Approval of Tentative Parcel Map No. 74368 shall not be
interpreted as repealing, abrogating, or annulling any private
easement, covenant, or dual restriction imposed on the subject
property.
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:
Kimberly Kanen, BSP Senita Gateway Center, LLC, 3501 Jamboree Road,
#4200, Newport Beach, CA 92660, and Kurt Troxell, Fuscoe Engineering,
16795 Von Karman #100, Irvine, CA 92606
APPROVED AND ADOPTED THIS 17TH DAY OF OCTOBER 2017, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
By: l7w_
Jimm , Ma
City Council Resolution No. 2017 -XX
2017-33
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 17th day of
October 2017, by the following vote:
AYES: Council Members: Herrera, Lyons, Tye, MPT/Low, M/Lin
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
ATTEST: JQ/"�
Tommyd Cribbins, City Clerk
City of Diamond Bar
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COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Tentative Parcel Map No. PL 2017-25
SUBJECT: To subdivide an existing 581,483 square -foot (13.35 gross acre) lot
constructed with two existing 3 -story office buildings into three
separate parcels.
PROPERTY Kimberly Kanen
OWNER(S): BSP Senita Gateway Center, LLC
3501 Jamboree Road, #4200
Newport Beach, CA 92660
APPLICANT: Kurt Troxell
Fuscoe Engineering
16795 Von Karman #100
Irvine, CA 92606
LOCATION: 21680 and 21688 Gateway Center Drive, 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
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. PL2017-25 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:
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(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.
C. SOLID WASTE
1. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
2. Trash receptacles are required and shall meet City standards. The final design,
locations, and the number of trash receptacles shall be subject to Planning
Division review and approval prior to the issuance of building permits.
3. If no centralized trash receptacles are provided, all trash pick-ups shall be for
individual units with all receptacles shielded from public view.
4. Central trash enclosures shall be equipped with recycling receptacles.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. All existing ADA parking, curb ramps, and paths of travel shall be maintained.
2. Any alterations to the parking area shall be subject to upgrades of existing ADA
features to current Building Code.
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APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. 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.
2. 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 district,
utility and cable television company, within thirty (30) days prior to final map
approval.
3. Prior to final map approval surety shall be posted guaranteeing completion of
monumentation as deemed applicable.
4. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, or addressed in the CC&R's or other
governing document, as approved by the City Engineer.
5. Applicant shall label and delineate on the final map, or within the CC&R's or
other governing document, any private drives or fire lanes to the satisfaction of
the City Engineer.
6. The Final Map, CC&R's or other governing document shall address reciprocal
access and parking for all property owners.
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. Permission shall be obtained from each utility company for any
grading or construction over existing easements.
8. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a reproducible PDF 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. Applicant shall contribute funds to a separate engineering trust deposit against
which charges can be made by the City or its representatives for services
rendered. Charges shall be on an hourly basis and shall include any City
administrative costs.
10. All activities/improvements proposed for Tentative Tract 74368 shall be wholly
contained within the boundaries of the map. Should any off-site activities/
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improvements be required, approval shall be obtained from the affected
property owner and the City as required by the City Engineer.
11. Addresses for each lot shall be submitted for review and approval by the Public
Works/Engineering Department prior to Final Map Approval.
12. Parcels 1 and 2 shall have separate addresses. Apply for a change of address
with the Public Works Department prior to Final Map Approval.
B. DRAINAGE
1. Maintenance plan/program of all on-site facilities shall be incorporated into the
CC&R's or other governing document.
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