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HomeMy WebLinkAboutRES 2002-73CITY COUNCIL RESOLUTION RESOLUTION NO, 2002-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22987 AND CATEGORICAL EXEMPTION IN ORDER TO SUBDIVIDE A 5.02 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE DEVELOPMENT. THE PROJECT SITE IS LOCATED AT 259 GENTLE SPRINGS LANE (LOT 1, PARCEL MAP No. 15547), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Ratan Hospitality and applicant, Carl Kobbins have filed an application for Tentative Parcel Map No. 22987 and categorical exemption for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Tentative Parcel Map and categorical exemption shall be referred to as the "Application." 2. On September 18, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland ValleV Daily Bulletin newspapers. On September 16, 2002, public hearing notices were maned to approximately 250 property owners within a 700 -foot radius of the project site. On September 17, 2002, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 1, 2002, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 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. The City Council hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15315(Class 15) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. Res. 2002-73 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 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. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site is approximately 5.02 acres and located at 259 Gentle Springs Lane (Parcel 1 of Parcel Map No. 15547). The project site is developed with a Best Western Diamond Bar hotel, a restaurant structure and related landscape and parking areas. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial (C-3) Zone. (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; to the east is the Regional Commercial (C-3) Zone; and to the west is the Orange (57) Freeway and the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone/self storage facility. (e) The Application request is to subdivide an existing 5.02 acre commercial parcel into three commercial lots as follows: Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool; and Lot 3 will be 1 acre and undeveloped. Currently, a development project for Lot 3 has not been submitted to the City. Tentative Parcel Ma (f) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable specific plan; The design and improvement of the proposed parcel map is generally already in place. The proposed parcel map will create two lots with existing development and one undeveloped lot. Lot 9 will be 9.32 acres and is developed with a restaurant structure and related Res. 2002-73 landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. The size and configuration of the proposed lots is suitable for existing and future commercial development of the site. Additionally, the size of Lot 3 will meet the minimum lot area requirement for the C-3 zoning district and should be able to meet other development standards required for C-3 zoning district. The existing development of the proposed lots will be able to comply with the floor area ratio required for the General Commercial land use designation of the General Plan. (g) The site is physically suitable for the type or proposed density of development; The project site is 5.02 acres. The project site is relatively flat, has been graded and developed with improvements. The minimum lot area for a C-3 zoning district is 10,000 square feet. The proposed parcel map will create two lots with existing development and one vacant lot. Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. The size and configuration of the proposed lots is suitable for existing and future commercial development of the site and complies with the required lot size for the C-3 zoning district. The project site is adequate and size to accommodate the existing development on the proposed separate lots and future development of the vacant lot. The site accommodates the required parking, drive aisles and existing easements and has been developed in compliance with a development standards for the C-3 zoning district in which the site is located. Conditions of approval will be applied to the proposed parcel map requiring execution and recordation of reciprocal parking and access agreement to ensure that the all lots will have adequately accessible parking and access. Furthermore, parking and development standards for the proposed Lot 3 will be addressed at the time a development proposal is presented to the City. Lot 3 will be one acre and should be able to support the development standards for a C-3 zoning district. Additionally, a development project will require Development Review with the City Council presiding. (h) 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; Tentative Parcel Map No. 22987 will subdivide an existing parcel into three lots.. Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and Res. 2002-73 related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. Therefore, Lots 9 and 2 have been improved. Lot 3, although vacant, is denude of vegetation with the exception of some weeds. Therefore, Lot 3 does not have the habitat that would support fish or wildlife. As a result, it is not expected that the proposed parcel map that will cause any additional environmental impacts to the site. (i) The design of the subdivision or the type of improvements will not cause serious public health or safety problems; As referenced above in Items (0, (g), (h) and below in Items U), (k) and (1), the design of the subdivision or the type of improvements will not cause serious public health or safety problems. (j) 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; Easements for utilities and a flood hazard area were designated on the underlying map, including the restriction of ingress and egress from Prospectors Road. Improvements are in place on the majority of the site. The proposed parcel map of three lots will not alter any of the existing easements or on-site improvements. (k) The discharge of sewerage from the proposed subdivision into the community sewer system will not result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board; As referenced in Items (0 and (g) above, a majority of the project site is developed and connected to the sewerage system. The proposed parcel map was submitted to Los Angeles County Public Works and Sewer Maintenance Division, Walnut Valley Water District and California Regional Water Quality Control Board. These agencies' comments are incorporated in the conditions of approval. (1) A preliminary soils report does not indicate adverse soil per geological conditions and the subdivider has not fail to provide sufficient information to the satisfaction of the city engineer or council that the conditions can be corrected in the plan for the development; or A majority of the project site is deevelo menteloped anto o cur orimprovements. in the proposed parcel map causes nod p existing development. As a result, a preliminary soils report was not submitted with the application. However, when development is proposed a soils report addressing geological conditions will be required for the City's review and approval. (m) The proposed subdivision is consistent with all applicable provisions of Res. 2002-73 this title (Title 21), the Development Code, any other applicable provisions of the Municipal. Code, and the Subdivision Map Act. The proposed parcel map is consistent with the applicable provisions of Title 21- City Of Diamond Bar Subdivision Ordnance, Development Code any other applicable provisions of the Municipal Code, and the Subdivision Map Act as referenced above in Items (0 and (g). 5. Based on the findings and conclusions set forth above, the City Council hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to Tentative Parcel Map No. 22987 labeled as Exhibit "A" dated October 1, 2002 as submitted and approved by the City Council, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the 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 by a 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. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all requirements of the State, City, Public Works Division, Building and Safety Division, Los Angeles County Fire Department and any other agencies with interest in Tentative Parcel Map No. 22987. (d) Prior to final map approval, the applicant shall submit a reciprocal access and parking agreement for Lots 1, 2 and 3 for the Planning Division and City Engineer's approval. Said agreement shall be recorded in perpetuity prior to final map recordation. (e) Any new or required easements shall be shown on the Tentative Parcel Map and shall be subject to the approval of the City Engineer. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights or other easements. (f) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the map to satisfaction of the City Engineer. (g) Prior to final map approval, the applicant shall obtain a written certification that all public utilities, public service and any other service related to the project site shall be available to service the project site and Res. 2002-73 shall be submitted to the City's Public Works Division. Said letter shall be issued by the utility companies at least 90 days prior to final map approval. (h) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (i) Prior to final map approval and when final map is submitted for plan check, a title report/guarantee showing all fee owners, interest holders and nature of interest shall be submitted to the Public Works Division. The account shall remain open until final map is filed with the Los Angeles County Registrar-Recorder/County Clerk. An update title report) guarantee and subdivision guarantee shall be submitted to the City's Public Works Division ten (10) working days prior to final map approval. (j) New boundary monuments shall be set in accordance with the California Subdivision Map Act and as required by the City Engineer. (k) Easements for storm water discharge onto or over adjacent parcels shall be delineated on the final parcel map as approved by the City Engineer. (1) All boundary monuments not found at the time of making the survey for the final parcel map shall be set in accordance with the California Subdivision Map Act and as approved by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets with the parcel boundary and to mark thereof or other intermediate points to the approval of the City Engineer. Center of monument ties shall be subject to the City Engineer and the County of Los Angeles Department of Public Works Survey Division for approval. (m) Easements for public utility and public service purposes shall be offered and shown on the final map for dedication to the City. (n) All utilities shall be placed underground. Res. 2002-73 (o) Subject to the approval of the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (p) Vehicle access to Prospectors Road shall be prohibited for the proposed parcel. The existing gates adjacent to Prospectors Route shall remain closed at all times. Los Angeles County Fire Department emergency access shall comply with the required standards. (q) Prior to the development of Lot 3, a traffic study shall be required to the satisfaction of the City Engineer. The developer shall comply with additional requirements, if any, as a means of mitigating traffic impacts identified in the traffic study, as approved by the City. (r) Prior to the development of Lot 3, hydrology study and hydraulics calculations shall be required to the satisfaction of the City Engineer. (s) Full street rehabilitation and improvements shall be made on Gentle Springs Lane for complete traffic operations. Prior to final map approval, the applicant shall: (1) Provide street pavement rehabilitation to the southerly lot line of the Tentative Parcel Map; (2) Remove and replace any damaged sidewalks for continuity of Pedestrian access, and curb, gutter and driveways on the north side of Gentle Springs Lane located within the boundaries of the Tentative Parcel Map; (3) Upgrade/retrofit existing drive approaches located within the boundaries of the Tentative Parcel Map to conform to ADA requirements; (4) Install street lighting on the north side of Gentle Springs Lane within the boundaries of the Tentative Parcel Map; (5) Lighting improvements shall be annexed into Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1; and (6) Provide off-site and on-site storm drain improvements for proper drainage of all lots when further development occurs. (t) Prior to final map approval, the applicant shall provide the following improvements on Prospectors Road: (1) Street lighting on the east side of Prospectors Road within the boundaries of the Tentative Parcel Map; (2) Lighting improvements shall be annexed Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1; (3) Street trees within the parkway of the Tentative Parcel Map boundaries on the east side of Propectors Road; and Res. 2002-73 (4) Upgrade/retrofit existing drive approach located within the boundaries of the Tentative Parcel Map to conform to ADA requirements. (u) Each lot shall be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (v) Each lot shall maintain and provide adequate on-site drainage. Cross lot drainage shall be prohibited unless a drainage study, prepared by a civil engineer and reviewed and approved by the City Engineer, determines that the current drainage of Lots 2 and 3 is adequate and can not be modified. If the current cross lot drainage can not be modified prior to final map approval, the property owner shall provide and record a reciprocal drainage agreement. If further development occurs on Lots 2 and/or 3, the property owner shall correct the drainage so that cross lot drainage does not occur. (w) Prior to final map approval, the applicant shall prepare Covenants, Conditions and Restrictions (CC&R's) for the subject property in a manner acceptable to the City Attorney and the City's development staff. The CC&R's shall provide for the repair and maintenance of common facilities such as the private -street, drainage facilities, lighting, landscaping, ingress and egress, and off-street parking, etc. (x) Access shall comply with Section 902 of the Fire Code, which requires all weather access. (y) Fire Department access shall be extended to within a 150 feet distance of any exterior portion of all structures. (z) Where driveways extend further than 300 feet and are of single access design, turnaround suitable for fire protection equipment use shall be provided and shown on the final map. Turnaround shall be designed, constructed and maintain to insure the integrity for Fire Department use. und shall be provided far driveways Where topography dictates, turnaro that extend over 150 feet in length. (aa) Water mains, fire hydrants and fire flows shall for a be provided asand required by the Los Angeles County Fire Department, on the map which shall be recorded. (bb) The required fire flows for public fire hydrants at this location shag be 5,000 gallons per minute at 20 psi for a duration of five hours, over and above maximum daily domestic demand. Three hydrants flowing simultaneously may be used to achieve the required fire flow. Additional fire hydrants may be required. The fire hydrants locations shall be determine upon submittal of the map showing the existing fire hydrants location. Res. 2002-73 (cc) Prior to final map approval, all required fire hydrants shall be installed, tested and accepted or bonded for. (dd) If any improvements have not been completed by the applicant and accepted by the City prior to approval of the final map, the applicant shall enter into a subdivision agreement with the City and post the appropriate securities. (ee) Prior to final map approval, the property owner shall submit to the City, for review and approval, a reciprocal access and parking agreement for the three lots. Said agreement shall be recorded in perpetuity. (ff) This grant is valid for two years and shall be exercised (i.e., map shail be recorded) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The City Council will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.66.050 of the City of Diamond Bar Development Code and make a recommendation to the City Council. (gg) This grant shall not be effective for any purpose until the permittee and owner 6f the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (hh) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 1 ST DAY OF OCTOBER 2002. BY: r Wen P. Chang, M or Res. 2002-73 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 1 st day of October, 2002 by the following vote: AYES: COUNCIL MEMBERS: Herrera, Huff, MPT/ O'Connor, Mf Chang NOES: COUNCIL MEMBERS: Zirbes ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None t Lynda Burgess, City Clerk City of Diamond Bar Res. 2002-73