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HomeMy WebLinkAboutRES 98-10CITY COUNCIL RESOLUTION NO. 98-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE SUBDIVISION OF A 5.2 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259 GENTLE SPRING LANE, DIAMOND BAR CALIFORNIA. The property owners, SX Diamond Bar and the applicant, CTK Engineers and Land Surveyors have filed an application for Tentative Parcel Map (TPM) 22987 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject conditional Use Permit and Development Review shall be referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles. Now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The City Council of the City of Diamond Bar on February 3, 1997 conducted a duly noticed public hearing on the Application. Notification of the public hearing for this project has been made in the San Gabriel VaRgy Tribune and Inlan Vallcy Daily Bulletin newspapers on January 23, 1998. 180 property owners within a 500 foot radius of the project site were notified by mail on January 14, 1997. 1v M NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 98-10 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 determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 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 wildlife 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. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project relates to a partially developed site, 5.02 acres in size located at 259 Gentle Spring Lane. (b) The project site has a General Plan land use designation of General Commercial (C). It is within the Commercial Planned Development (CPD) zone. (c) Generally, the following uses surround the project site: to the west is the freeway, to the south is multi -family development and to the north and east is commercial development. (d) The proposed project is a request for the subdivision of a 5.02 acre site into 3 parcels for existing and future commercial development. (e) The proposed Tentative Parcel Map is consistent with applicable general and specific plans as specified in Government Code Section 65451. The General Plan land use designation for this site is General Commercial, which provides for regional, freeway -oriented and/or community retail and service commercial uses. The proposed subdivision is for the purpose of creating individual lots which are suitable for the existing and future commercial development of the site. Therefore, the proposed subdivision is 2 • Mfft consistent with the General Plan. (f) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The design and improvement of the proposed project is generally already in place. The proposed subdivision will create two lots with existing development and one vacant lot. The size and configuration of the proposed lots is suitable for the existing and future commercial development of the site. The existing development on the proposed lots will be in compliance with the floor area ratio requirements for the General Commercial land use designation. Conditions of Approval have been applied to this project requiring a fair share contribution to a traffic signal, the maintenance and repair of the private roadway in front of the project site and the continuing restriction of traffic to and from Prospector's Road The required maintenance, replacement and repair of the existing improvements, access restriction and contribution to the traffic signal further the General Plan in providing for a safe and adequate transportation system. (g) The site is physically suitable for the proposed type and density of development. The project site is 5.02 acres. The site is relatively flat, has been graded and developed and all improvements are in place. The site is adequate in size to accommodate the existing development on the proposed separate lots and the future development of the vacant site. The site accommodates the required parking, drive aisles and the existing easements and has been developed in compliance with the development standards for the zoning district in which the site is located. Conditions have been applied to this project requiring approval of a Parking Permit and the recordation of mutual access easements to ensure that the individual lots will have adequate accessible parking and access to each lot. (h) The design of the subdivision or the proposed improvements are unlikely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. The site has been previously cleared, graded and improved, and the subdivision of the existing site into three lots will not create any additional environmental impacts to the site. In compliance with the California Environmental Quality Act (CEQA), at the time of development of the vacant lot it will be subject to separate environmental review. Further, in compliance with CEQA it has been determined that there is no evidence that the proposed subdivision will have the potential for an adverse effect on the environment and it has been determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15315 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. (i) The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision's design or improvements is not likely to cause serious public health problems due to the following. (1) The proposed subdivision is located on a developed, improved parcel with all improvements and easements in place. A flood hazard area was identified on the original parcel map which dedicates to the City the right to restrict the erection of buildings or other structures within this areas. This and all other easements including sewer and storm drain easements will remain and be recorded along with the final map. (2) No active faults transect the project site and it is not located within an Alquist Priolo Special Studies Zone. Further, any new structures on the site will be constructed in accordance with the Uniform Building Code, for seismic safety. (3) The proposed project will comply with the standards of the Uniform Fire Code and is subject to review by the Los Angeles County Fire Department. Review by the Fire Department ensures that there is appropriate access and turnarounds for fire equipment and fire hydrants in appropriate locations. (J) The design of the subdivision or the type of improvementswill 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 subdivision of this site into three lots will not alter any of the existing easements or on-site improvements. Conditions of Approval are incorporated into the project requiring the continuation of these easements on the proposed map, and requiring the abandonment of vehicular access to Prospectors Road, subject to Fire Department approval. 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 plans collectively labeled as Exhibit 4 9E-- 0 "A" as modified, dated December 9, 1997, as submitted and approved by the City Council. (b) The site shall be maintained permanently in a condition which is free of debris both duringand after the construction, addition orimplementation of the entitlement grantedherein. The removal of all trash, debris, andrefuse, 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 State, CPD Zone, Public Works Division and Building and Safety Division requirements. (d) This grant is valid for two years. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days ofapproval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) 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, payable to the County of Los Angeles, 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 de minimis 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. (g) Prior to final map approval the applicant shall record mutual access easements between Lots, 1, 2 and 3 to the satisfaction of the Planning Division and the City Engineer. (h) Prior to final map approval the applicant shall obtain a Parking Permit for shared parking on site between Lots 1, 2 and 3 subject to review and approval Mom by the Planning Division. (i) All future development on the subject site shall be subject to the conditions of approval for CUP 2441-(1). Development other than that authorized by this entitlement shall require revision of the CUP, subject to approval by the Planning Commission. (j) The plans shall conform to State and local Building Codes, Plumbing Code, Mechanical Code and 1993 edition of the National Electrical Code as well as the State Energy Code. (k) All existing easements must be shown on the approved tentative parcel map. This includes the location, owner, purpose, and recorded references for all existing easements. If an easement is blanket or indeterminate in nature, a statement to that effect must be shown on the tentative map in lieu of its location. (1) 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. (m) The distance from the proposed lot/parcel lines to the buildings which are to remain must be shown on the final map. If such distance create non- conforming conditions under the City's Subdivision Codes/Zoning Ordinance requirements, the lot/parcel lines shall be relocated or the non -complying conditions of the buildings shall be corrected prior to final map approval. (n) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the final map to the satisfaction of the City. (o) Prior to final map approval, a written certification from Walnut Valley Water District, GTE, SCE, the Gas Company and Century Communications stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. Said letter shall be issued by the utility company at least 30 days prior to final map approval. (p) A final parcel map, in accordance with the requirements of the Subdivision Map Act, must be processed through the Engineering Department and approved prior to recordation. G 98--10 (q) A verification letter from the Los Angeles County Fire Department indicating that all their conditions have been met must be submitted to the City prior to final map approval. (r) The developer shall place a note on the final map to abandon vehicular rights to Prospectors Road in the owners statement. (s) The proposed lots as shown on the tentative map shall be annexed into the city's Lighting and Landscaping Assessment District 38. (t) New centerline ties set as part of this subdivision must be approved by the City Engineer prior to final map approval. New boundary monuments set as part of this subdivision must be inspected to the satisfaction of the City Engineer prior to final map approval. If this work is not completed prior to final map approval, a surety bond shall be posted with the City guaranteeing the installation of centerline ties and boundary/survey monuments. (u) All survey monuments, centerline ties and survey reference points shall be protected in place or reestablished where disturbed. This work is the responsibility of the subdivider and shall be done at the subdivider whole expense, (v) If any required improvements have not been completed by the developer and accepted by the City prior to the approval of the final map, the developer shall enter into a subdivision agreement with the City and shall post the appropriate securities. (w) Prior to any improvements made, appropriate permits shall be obtained and fees paid. This includes all construction work and survey work to be completed. (x) Subject to approval by the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (y) Vehicular access to Prospectors Road shall be prohibited for the proposed subdivision. Existing gates adjacent to Prospectors Road shall remain closed and secured at all times. Los Angeles County Fire Department emergency access shall comply with County standards. (z) Prior to final map approval, the Subdivider/Applicant shall contribute a fairshare amount not to exceed $6,500 for the construction of the traffic signal 7 ORM at the intersection of Diamond Bar Boulevard and Gentle Spring Lane. (aa) Prior to the development of Lot 3, a traffic study will be required to the satisfaction of the City Engineer. The developer shall comply with any additional requirements, if any as a means of mitigating any traffic impacts as identified in the traffic study approved by the City. (bb) Prior to final map approval, all broken or damaged curb, gutter, sidewalk and asphalt concrete pavement on the street within or abutting the subdivision must be removed and reconstructed If these improvements are not completed by the developer and accepted by the City prior to final map approval, the developer shall post security in an amount to be determined by the City not to exceed the cost of the improvements. All improvements shall be maintained in good repair in compliance with the City's Property Maintenance regulations. (cc) All existing sewer easements must be shown. The location of any new easements must be identified and is subject to review and approval by the City Engineer. (dd) Each lot/parcel must 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. (ee) All existing storm drain easements must be shown. Any new easement must be located and will be subject to the review and approval of the City Engineer. (f) Each lot shall maintain and provide adequate on-site drainage. (gg) Access shall comply with Section 902 of the Fire Code which requires all weather access. (hh) Fire Department access shall be extend to within 150 feet of any exterior portion of all structures. (ii) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150'. A copy of the document for reciprocal access easements for ingress on Lots 1-3 shall be provided to the Fire Department. 98--10 (kk) The required fire flow for public fire hydrants at this location is 5,000 gallons per minute a 20 psi for a duration of 5 hours, over and above the maximum daily domestic demand. Three (3) fire hydrants flowing simultaneously may be used to achieve the required fire flow. (ll) The applicant shall submit the final map to the Fire Department showing the location of all existing fire hydrants on site. 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, SX Development, 259 Gentle Springs Lane, Suite 134, Diamond Bar CA 91765 and CTK Inc., 8880 Benson Avenue, Suite 100, Montclair, CA 91763. APPROVED AND ADOPTED THIS 3RD DAY OF FEBRUARY 1998, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: MAYOR I, LYNDA BURGES S, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 3RD day of FEBRUARY, 1998, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: - 'Y; �;f� JL City &rk, City of Diamond Bar 0