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HomeMy WebLinkAboutRES 2006-46CITY COUNCIL RESOLUTION NO. 2006- 46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE TARGET DEVELOPMENT TENTATIVE PARCEL MAP NO. 061702 FOR A THREE LOT SUBDIVISION LOCATED WEST OF GRAND AVENUE AND SOUTH OF GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA. (APN NOS. 8293-045-006, 8293-045-007, 8293-045-008 AND 8293-045-009) A. RECITALS Target Corporation (the Applicant) has filed an application forthe approval of Tentative Parcel Map No. 061702 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request shall be referred to as the "Application." 2. On March 17, 2006, public hearing notices were mailed to approximately 576 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On March 28, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application; continued the public hearing to April 11, 2006, concluded said hearing on that date, and recommended approval. 4. On May 5, 2006, public hearing notices were mailed to approximately 576 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San_ Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On May 16, 2006, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. 2006--46 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above referenced meeting on May 16, 2006, including written and oral staff reports, this City Council hereby specifically finds as follows: (a) The application applies to a property located at the southeast corner of Grand Avenue and Golden Springs Drive. (b) The General Plan land use designation of the site is Specific Plan. (c) The site is within the Diamond Bar Village Specific Plan. The Application for a Tentative Parcel Map is in conformance with the development concept of the Specific Plan. (d) The site has provided sufficient parking spaces in excess of City's minimum requirement to accommodate the proposed uses. (e) The Application conforms to the development concept of the Diamond Bar Village Specific Plan. (f) On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance with the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exists, therefore, no further environmental review is required. 3. 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 2 2006--46 1 1 before this City Council that the proposed project herein will have the potential of an adverse effect on wild life resources orthe 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. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: Tentative Parcel Map Findings (a) The proposed subdivision including design and improvements is consistent with the General Plan and the Diamond Bar Village Specific Plan. The General Plan land use designation for the project site is Specific Plan. The adopted Specific Plan for the project area is the Diamond Bar Village Specific Plan which designates the site for commercial and retail uses and includes a conceptual site plan for development of the site. The proposed subdivision is consistent with the distribution, type, and intensity of uses displayed on the conceptual site plan. The proposed subdivision is also consistent with the minimum lot sizes established by the Specific Plan. (b) The project site is physically suitable for the type and proposed density of the development. The project ;site is approximately 13.69 acres. TPM 061702 proposes to subdivide the site into three parcels for the purpose of facilitating the development of Parcels 2 and 3. On April 26, 2005, the Planning Commission approved Conditional Use Permit No. 2005-03 and Development Review No. 2005-16 for an approximately 130,000 - square -foot retail store, parking lot and two retail/restaurant pads on the site. Parcel 1 will be an approximately 11.98 -acre site and will encompass the retail store currently under construction. Parcels 2 and 3 will be 1.02 and .69 -acres, respectively. The subdivision is consistent with the Specific Plan conceptual site plan in the distribution, intensity, and type of uses proposed for the site - (c) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. On June 29,, 2005, the City Council approved an addendum to the previously certified final environmental impacts reports (EIRs) for the related General Plan, Zone Change, Development Agreement, and 3 2006--46 analyzed whether the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The Specific Plan included a conceptual site plan that shows the development of the site. The proposed subdivision is consistent with the conceptual site plan contained in the Diamond Bar Village Specific Plan. Consequently, the proposed subdivision is consistent with the project analyzed under the previously approved addendum and Final E1Rs. No new environmental issues have been identified relating to fish and wildlife and their habitat that would require additional review for the proposed subdivision. (d) The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The previously approved addendum and Final E1Rs related to the project analyzed potential public health and safety impacts from the design of the subdivision and improvements associated with the project. No new environmental issues have been identified relating to public health or safety problems. Therefore, the proposed subdivision is not likely to cause serious health or safety problems. (e) The design of the subdivision or types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously required by the public. The proposed map is located on private property and, therefore, access easements within the project site are private property. Access to the site will be through entry driveways on Grand Avenue and Golden Springs Drive. The site does not have any easement acquired by the public for access or use within the project site. (f) The discharge sewerage from the proposed subdivision into the community source system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The proposed map is required to be compliant with Regional Water Quality Control Board requirements, the Federal Clean Water Act, and the National Pollutant Discharge Elimination System (NPDES) program implementing construction—related Best Management Practices (BMPs) and Standard Urban Stormwater Mitigation Plan - (SUSMP) criteria. With project design features related to the storm drain system, energy dissipaters, standard conditions of approval, El 2006--46 mitigation measures, any potential significant water quality impacts would be reduced to levels less than significant. (g) A preliminary soils report or geological hazards report does not indicate adverse soils or geological conditions and the subdivision has provided sufficient information to the satisfaction of the City Engineer or Council that the conditions can be corrected in the plan for the development. The previously approved addendum and Final EIRs related to the project analyzed potential adverse soils and geologic conditions impacts from the design of the subdivision and improvements associated with the project. The map is consistent with the project analyzed under the addendum and Final EIRs and no new environmental issues have been identified relating to public health or safety problems. Therefore, the proposed subdivision is not likely to cause significant impacts related to adverse soils or geologic conditions. (h) The proposed subdivision is consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed subdivision is consistent with the General Plan and Diamond Bar Village Specific Plan land use designation. It will be graded in compliance with the City's applicable hillside management standards. The physical size and design of the proposed subdivision will allow for compliance with all applicable standards in the Development Code. The proposed map is consistent with Title 21, the City's subdivision ordinance, and the Subdivision Map Act requirements as conditioned in this resolution. 5. Based on the findings and conclusions set forth above, the City Council hereby approves this Application subject to the following conditions and attached standard conditions: A. PLANNING (1) All conditions of approval contained in Development Agreement No 2004-01 and under Ordinance No. 04 (2004) shall apply. (2) All conditions of approval contained in Planning Commission Resolution No. 2005-18 shall apply. (3) All conditions of approval of this resolution shall be completed 5 2006--46 to the satisfaction of the Community Development Director before issuance of a Certificate of Occupancy for development of the final lot of Parcel Map No. 061702. (4) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Specific Plan in effect at the time of building permit issuance. (5) Future building pads (Lots 2 and 3) shall be subject to separate Development Review and/or Conditional Use Permit processes for Planning Commission approval. The two pads shall be seeded and surface irrigated for erosion control. (6) The architectural style of any future buildings on Lots 2 and 3 shall complement that of the Target store on Lot 1. (7) Landscaping for development on Lots 2 and 3 shall be consistent with the style of the existing landscaping on Lot 1. (8) The landscape treatment at the corner of Golden Springs Drive and Grand Avenue shall follow the Grand Avenue Gateway Master Plan design. (9) A Property Owner's Association (POA) shall be formed to enforce the CC&Rs and shall be recorded with the final parcel map. B. GRADING (1) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). C. ENGINEERING (1) A reciprocal access and parking agreement shall be submitted for review and approval by the Planning and Engineering Division. This agreement shall be incorporated into the CC&Rs and shall be recorded with the final parcel map. (2) A specific location for the relocation of the Edison power pole located on Grand Avenue shall be designated on the final map with building, landscaping, and parking restrictions placed on the specified location. 0 2006-46 (3) Consent for the Underground Easement for the relocation of the Edison power pole along Grand Avenue shall be granted prior to final map approval. (4) The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. (5) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. (6) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (7) Prior to final map approval or issuance of building permit whichever comes first, 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, if applicable, within ninety (90) days prior issuance of grading permits. (8) 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 water, gas, electric power, telephone and cable N, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. (9) Applicant shall relocate and underground any existing on-site utilities; to the satisfaction of the City Engineer and the respective utility owner. (10) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered ' arborist. M 2006-46 D. BUILDING (1) Applicant shall obtain all other department approvals (Fire, Health, Waste Management, etc.) (2) All unenclosed under -floor areas shall be constructed as exterior wall. E. FIRE (1) Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. (2) All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (3) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (4) Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. (5) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to ensure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. (6) Private driveways shall be indicated on the final map as "Private Driveway and Fire lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested, and accepted before construction. (7) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (8) Applicant shall provide Fire Department or City approved street signs and building access numbers before occupancy. 2006-46 (9) Provide water mains, fire hydrants, and fire flows as required by the County of Los Angeles Fire Department for all land shown on map which shall be recorded. (10) Prior to recordation, the final map shall comply with all Fire Department requirements. (11) Prior to recordation, the final map shall comply with all Fire Department requirements. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Target Corporation, 1000 Nicollett Mail, Suite TPN -12F, Minneapolis, MN 55403 APPROVED AND ADOPTED THIS 16Th DAY OF MAY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: 6'\_1 Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 16th day of May 2006, by the following vote: AYES: Council Members: Chang, Tanaka, Tye, M/Herrera NOES: Council Members: None ABSENT: Council Members: MPT/zirbes ABSTAIN: Council Members: None OaILATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 0 2006-46