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HomeMy WebLinkAboutPC 93-01r'- 9 RESOLUTION NO. 93-1 r -- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO CITY COUNCIL OF TENTATIVE PARCEL MAP NO. 23629 AND MITIGATED NEGATIVE DECLARATION NO. 92-8 AN APPLICATION FOR A SUBDIVISION OF ONE PARCEL, FOR THE PURPOSE OF COMMERCIAL CONDOMINIUMS, INTO TEN PARCELS, WITH FOUR OF PARCELS DIVIDED INTO UNITS A AND B, LOT A, AND COMMON AREAS, WITHIN THE WALNUT BUSINESS CENTER, LOCATED AT 20218 WALNUT DRIVE. A. Recitals 1. James Camp of Corner Stone Partners Walnut, Ltd., has filed an application for Tentative Parcel Map No. 23629 to subdivide one parcel, for the purpose of commercial condominiums, into ten parcels, with four of the parcels divided into units A and B, Lot A consisting of a private street (Yellowbrick Road), and common areas consisting of parking and landscape space within the Walnut Business Center located at 20418 Walnut Drive, Diamond Bar, Los Angeles County, California, as describ- ed in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, 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 contains 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. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. I LIiIIJIIIJIII II I ^TT�I�.w.� 4. The Planning Commission of the City of Diamond Bar, on January 11, 1993 conducted a duly noticed continued public meeting on said Application.;jI4"� 1 h 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. R. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby certifies that an Initial A Study and mitigated Negative Declaration were prepared and which analyze this application and that said Initial Study and mitigated Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and mitigated Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guideline promulgated thereunder, and that the Planning Commission has reviewed and considered the information contained in said Initial Study and mitigated Negative Declaration. 3. The Planning Commission 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 Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Commission, the Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Notwithstanding the provisions of this paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any building permits. 4. Based upon the findings and conclusions set forth herein, this Commission, in conformance with Ordinance 2 � 711 No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (- (a) The project relates to a site of approximately 8.66 acres developed with a business center identified as the Walnut Business Center within the Restricted Heavy Manufacturing -Billboard Exclusion (M -1.5 -BE) zone with General Plan designation of Light Manufacturing (I) and is located at 20148 Walnut Drive, City of Diamond Bar, California. (b) Generally, property to the north and west is the City of Industry; to the south is the Pomona Freeway; to the east is Residential -Agricultural - Minimum Lot Size 8,000 square feet (R -A-8,000) zone. (c) The subject site for the project is adequately served by Walnut Drive, Lemon Avenue, and Tucker Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate subdivision. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed parcel map and conditioned herein, will not be detrimental to or interfere with the contemplated General Plan. (f) The project site is physically suitable for this type of subdivision. (g) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (h) The design of the subdivision or type of improvements is not likely to cause serious public health problems. (i) 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. 3 4 1 111411111111 PH! 1 1 ^d 1411 I�Illlld �I 61 III `"" (j) Notification of the public hearing for this project has been made in conformance with the Los Angeles County Code adopted by the City. (k) Approval of this project will not impact on adjacent or adjoining commercial uses. It will not detrimental to the use, enjoyment, property of other persons located and will not adversely affect welfare of personsresiding in area. have an adverse residential or be materially or valuation of in the vicinity the health or the surrounding 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, 4, and conditions set forth below in this Resolution, presented to the Planning Commission on January 11, 1993, public meeting as set forth above, the Commission, hereby finds and concludes as follows: (a) The project shall substantially conform to Tentative Parcel Map No. 23629 labeled Exhibit "A" dated January 11, 1993, Site Plan labeled Exhibit "B" dated January 11, 1993, as submitted to and approved by the Planning Commission. (b) Applicant shall install recycling bins with rlF enclosures for each of the ten (10) parcels created by the subdivision. Within 30 days of approval of this resolution, a revised site plan shall be submitted for review and approval by the City. (c) Applicant shall employ a waste contractor to collect, transport, and dispose of solid waste who has been permitted by the City of Diamond Bar to provide such service. (d) Applicant shall secure each roof access ladder located at each building to prevent unauthorized access to the roof. (e) Applicant shall provide additional lighting and landscaping along the property line adjacent to the freeway. A lighting plan and landscape/ irrigation plan shall be submitted to the City within 30 days of approval of this resolution for review and approval by the Planning Division. (f) The project shall comply with the City of Diamond Bar's Congestion Management (Transportation and Demand Management Ordinance) and other related Air 4 ... , ,.-. _, (p) A statement shall be added to the C. C. & R.'s stating that sewer laterals shall be maintained by the maintenance district. (q) Applicant shall provide documentation for location of General Telephone Company easement and shall show the location on the final map. �� 5 Quality Management District (AQMD) or Los Angeles Country requirements. (g) Covenants, Conditions, and Restrictions (C. C.& R.'s) are subject to the approval of the Planning and Engineering Departments, the City Attorney, and the City Council. Any changes to the C. C. & R.'s shall be subject to the approval of the City Council. (h) C. C. & R.'s shall be recorded concurrently with final map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. (i) The subject site shall be maintained in compliance with the C. C. & R.'s. C. C. & R.'s shall provide for the maintenance of all sewer lateral from Yellowbrick Road by the maintenance district. Applicant shall provide documentation that the sewer trunklines in Yellowbrick Road are accepted for maintenance by Los Angeles County. C. C. & R.'s shall also provide the maintenance of Lot A - Yellowbrick Road and all common areas - parking and landscape space. " (j) Reciprocal parking agreement by and between all lots shall be denoted in the C. C. & R.'s. (k) The term "driveway" shall be defined in the C. C. & R's and on the Tentative Parcel Map. (1) Fire Lanes shall be clearly delineated on the Final Map, described and addressed in the C. C. & R.'s, and clearly posted at the project site. (m) Applicant shall agree to contribute $3,000 towards public works improvements. (n) Applicant shall list benchmark on map and basis of bearings on condominium maps. (o) Applicant shall verify Item 10 in the Title Report. (p) A statement shall be added to the C. C. & R.'s stating that sewer laterals shall be maintained by the maintenance district. (q) Applicant shall provide documentation for location of General Telephone Company easement and shall show the location on the final map. �� 5 (r) Applicant shall provide documentation for the location of South California Edison Company easement and shall show the location on the final map. (s) Prior to expiration of the Tentative Parcel Map and prior to filing with the County Recorder, a Final Map shall be processed through the office of the City Engineer. (t) Details or notes shown on the Tentative Map which are inconsistent with the requirements, policies, or ordinances of the City are not approves. (u) Applicant shall comply with all Fire Department requirements to the satisfaction of the City Engineer. (v) Applicant shall bring all nonconforming bathrooms to an interim level of accessibility in conformance with recommendations of a disability access consultant. Future tenant improvements may require further standards of compliance in accordance with State requirements. (w) Applicant shall bring all front entrance stairways and handrails to current State handicapped standards and shall add approved handicap accessible hardware to one entry/exit door. 9 (x) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, 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 grant. Further, this grant shall not be effective until the permittee pays remaining Planning Division processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, James Camp, CornerStone Partners Walnut, Ltd., 42 Corporate Park, Suite 210, Irvine, California, 92660. 0 .,..L�,... A!, I..'. , ''.'.,.. t.l li APPROVED AND ADOPTED THIS THE 25TH DAY OF JANUARY, 1993, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bruce Flamenbaum, Chairman I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 25th day of January, 1993, by the following vote: AYES: [COMMISSIONERS:] Flamenbaum, Meyer, Grothe, Li, Plunk NOES: [COMMISSIONERS:] F—I ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ATTEST: JPes Secretary 7 —- __._. __.— ­ 161111111! 1,11 1! �. __..�.�n.�_ -- ! i 1�u!!uilro1 lu1r1u '