HomeMy WebLinkAboutPC 97-20r,
PLANNING COMMISSION
RESOLUTION NO. 97-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING TENTATIVE PARCEL MAP 22987 FOR THE
SUBDIVISION OF A 5.02 ACRE SITE INTO THREE LOTS FOR
CURRENT AND FUTURE COMMERCIAL DEVELOPMENT, LOCATED AT 259
GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owners, SX Diamond Bar and the applicant,
CTK Engineers and Land Surveyor 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 "Applica-
tion."
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.
3. 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 Planning Commission of the City of Diamond Bar an
February 25, 1997 conducted a duly noticed public hearing
on the Application.
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on November 28, 1997,
and November 30, 1997, respectively. 180 property owners
within a 500 foot radius of the project site were
notified by mail on November 28, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
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the Planning Commission of the City of Diamond Bar as
follows :
1. This 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 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 15303 of Article 19 of Chapter
3 of Division 13 of Title 14 of the California Code
of Regulations.
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 Planning Commission 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 Planning Commission
hereby rebuts the presu~: tion 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 Planning Commission hereby finds as
follows:
(a) The project relates to a partially developed
site, 5.02 acres in size located at 259 Gentle
Springs 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.
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(e) The proposed Tentative Parcel Map will not be
in substantial conflict with the adopted
General Plan. The General Plan provides for a
variety and mix of land uses and accessory uses
necessary for the health, safety, comfort and
convenience of the community. The existing and
future development of the site will be
commercial and office development. Therefore,
the proposed facility is consistent with the
General Plan and is further authorized pursuant
to the Subdivision Code, Section 21.04.020.
(f) The proposed project will not:
(1) Adversely affect the health, peace,
comfort or welfare of persons residing in
the surrounding area in that there will
be no new development proposed at this
time, mutual access easements and a
Parking Permit are required to insure
that parking and access to the site are
maintained at their current levels; or
(2) Be materially detrimental to the use,
enjoyment or valuation of property of
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other persons located in the vicinity of.
the site in that there is no modification
of the development of this site and all
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future development will be as authorized
by the original approval which was found
to be compatible with the existing and
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surrounding development.
(3) Jeopardize, endanger or otherwise
constitute a menace to public health,
safety or general welfare for the
following reasons: The proposed
subdivision has been reviewed by the
Planning, Building and Safety and
Engineering Divisions and the Fire
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Department. Conditions have been applied
by each of these bodies to ensure that
there is adequate maintenance of the
streets, that parking and circulation
impacts are addressed and that any future
development on this site is in compliance
with all previous entitlements and
current Code requirements.
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(g) The proposed site is adequate in size and shape
to accommodate development features prescribed
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in this approval to: integrate the use in the
surrounding area. There is no development
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proposed in association with this approval at
this time. The project has been reviewed and
conditioned to insure that the subdivision of au.
this site will have adequate infrastructure ands,
parking and access now and in the future.
(h) The project site is adequately served:
(1) By highways or streets of sufficient
width and improved as necessary to carry
the kind and quantity of traffic such use
would generate. The project is
adequately served by Gentle Spring Lane
and Diamond Bar Boulevard. Any future
development on Lot 3 will require a
traffic study to insure that there is
adequate roadway capacity to accommodate
any future intensification of
development. .
(2) By other public or private service
facilities as are required. All
infrastructure is- in place on this
project. Any future development on this
site will be subject to further
discretionary review by the City of
insure that there are adequate services
provided to this site.
Based on the findings and conclusions set forth
above, the Planning Commission hereby approves the
Application subject to the following conditions:
(a) The project shall substantially conform to
plans collectively labeled as Exhibit "A" as
modified, dated December 9, 1997, as submitted
and approved by the Planning Commission.
(b) The site shall be maintained permanently 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
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Diamond Bar to provide such services.
(c) The applicant shall comply with all State, CPD
Zone, Public Works Department 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 of
approval 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
the site between Lots 1, 2 and 3 subject to
review and approval 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
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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 locations, 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 Snap 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 easement.
(m) The distance from the proposed lot/parcel lines
to the building which are to remain must be
shown on the final map. If such distance
create non -conforming conditions under the i
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
Intercable 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
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and approved prior to recordation.
(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 owner's 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
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sidewalk.
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(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. rv:1-
Los Angeles County Fire Department emergency
access shall comply with County standards.
(z) Prior to final map approval, the
Subdivider/Applicant shah contribute a fair
share amount not to exceed $6,500 for the
construction of the traffic signal 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 q
City prior to final map approval, the develop
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.
(ff) 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 extended to
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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 1501.
(jj) A copy of the document reciprocal access
easements for ingress on Lots 1-3 shall be
provided to the Fire Department.
(kk) The required fire flow for public fire hydrants
at this location is 5,000 gallons per minute at
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.
(11) The applicant shall submit the final map to the
Fire Department showing the location of all
existing fire hydrants on site.
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, to SX
Development, 259 Gentle Spring Lane, Suite 134,
Diamond Bar CA 91765 and CTK Inc., 8880 Benson
Avenue, Suite 100, Montclair, CA 91763.
APPROVED AND ADOPTED this 9TH DAY OF DECEMBER, 1997,
BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
11�jJoe zick , Chairman
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I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted by the Planning Commission of the City of Diamond Bar,
at a regular meeting of the Planning Commission held on the 9TH day
of December, 1997, by the following vote:
AYES: COMMISSIONERS: Ruzicka, Fong,
McManus, Tye
NOES: COMMISSIONERS: Goldenberg
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
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gAmes DeSte no, Secretary
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