HomeMy WebLinkAboutPC 2003-09PLANNING COMMISSION
RESOLUTION NO. 2003-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CO
APPROVAL OF TENTATIVE PARCEL MAP NO. 26771 ALLOWI
LOT COMMERCIAL CONDOMINIUM SUBDIVISION OF A 6.50-1
LOCATED IN THE C-2 SP (COMMUNITY COMMERCIAL SPEC
OVERLAY) ZONE FOR PROPERTY LOCATED AT 850 BREA CAN
(APN 8719-013-010), DIAMOND BAR, CALIFORNIA.
I. RECITALS
A. WHEREAS, Phil Williams (Extended Stay America), acting a:
the property owner, Louis Marcellin, filed an application f(
Parcel Map No. 26771 to create a 5 -lot commercial cor
property located at 850 Brea Canyon Road, Diamond Bar,
County, California. The subject 6.50 -acre parcel of land is loco
SP (Community Commercial -Specific Plan Overlay) zone. Her
Resolution, the subject Tentative Parcel Map shall be refer
"Application."
' B. WHEREAS, on October 8, 2002, the project site was posted
display board and public notices were posted in three publi
October 9, 2002, Notification of the public hearing for this proje(
in the San Gabriel Valley Tribune and Inland Valley Daily Bulleti
Furthermore, public hearing notices were mailed to appr
property owners of record within a 700 -foot radius of the project.
CITY OF
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ed in the C-2
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ed to ac. the
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C. WHEREAS, the Community and Development Services Department
determined that the proposed subdivision represents a consistent, logical,
appropriate division of the subject property that furthers the goals
objectives of the City's adopted General Plan.
D. WHEREAS, on October 22, 2002, the Planning Commission of the Cit
Diamond Bar conducted a duly noticed public hearing. The Plani
Commission continued the public hearing to December 10, 2002, therea
the public hearing was closed. The Planning Commission reco mence(
deliberations on January 28, 2003, February 11, 2003, and Febru Etry 25, 2(
Deliberations were concluded on February 25, 2003.
E. WHEREAS, pursuant to Government Code Section 66452. 3, City
prepared a written report recommending that the proposed s bdivisio
conditionally approved, and served a copy of that report upon the subdivid
least three (3) days prior to the aforementioned hearing.
vers.
461
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ng
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F. WHEREAS, pursuant to Government Code Section 66412.3, the Planning
Commission has considered the effect of the proposed subdivision, on the
housing needs of the region in which the City of Diamond Bar is situated and
has balanced these needs against the public service needs of its residents
and available fiscal and environmental resources; the recommendation for
conditional approval of the proposed subdivision represents the balance of
these respective needs in a manner which is most consistent with the City's
obligation pursuant to its police powers to protect the public health, safety and
welfare.
G. WHEREAS, the Planning Commission has reviewed and considered the
environmental information relevant to the proposed project prepared in
accordance with the provisions of the California Environmental Quality Act
(CEQA).
H. WHEREAS, the Planning Commission has carefully reviewed and considered
all of the evidence presented in connection with the hearing on the Project,
including but not limited to the staff report, all environmental data, and all
written and oral testimony presented.
Il. RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds,
determines and recommends as follows:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part 1 of this Resolution are true and correct.
B. This project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). The environmental review concludes that
the proposed project has been fully evaluated in Mitigated Negative
Declaration No. 2002-07. The Planning Commission has recommended that
the Diamond Bar City Council adopt the Mitigated Negative Declaration.
Pursuant to Section 15162(a) of Article 11 of the California Code of
Regulations, no further environmental review is necessary because the
proposed project is considered a minor land division and the potential
impacts of this project have been previously evaluated in the Mitigated
Negative Declaration. Compliance with the associated Mitigation Monitoring
Plan will ensure that any potential significant adverse effect has been
mitigated to a level of nonsignificance. The circumstances and impacts
evaluated have not changed, and no new information has been made
available that would have a bearing on the findings, conclusions and
mitigation measures included in the previously considered Mitigated
Negative Declaration. The mitigation measures set forth in the Mitigated
Negative Declaration are included as conditions of approval of this proposed
project. There is no evidence before this Planning Commission that the
project proposed herein will have the potential of an adverse effect on wild
1
1
life resources or the habitat upon which the wildlife depends Based upon
substantial evidence, this Planning Commission hereby rebutE the
presumption of adverse effects contained in Section 753.5() of title 14 of
the California Code of Regulations.
C. Pro'ect Description
Based upon the information and testimony presented, this Plahning
Commission hereby finds as follows: II
1. The use of a parcel map to divide the subject propert into 5 -Lots; is
consistent with the provisions of Section 66426 (c) of he State Map
Act.
2. The project relates to a parcel of land located at 850 Brea canyon
Road (APN 8719-013-010), Diamond Bar, California. T e subject site
has approximately 6.50 gross acres of land area.
3. The project site has a General Plan Land Use designation of Ge eral
Commercial (C), and the Planning Commission has recommeided
that the City Council adopt a consistent implementing zone of C-2 SP
(Community Commercial Specific Plan Overlay) for the su ject
property.
4. Generally, the site is abutting a C-1 zoned parcel to the iorth and the
Los Angeles County Flood Control Channel. R-1 6,000 2 oned parcels
are beyond Flood Control Channel. The State RoutE 60 Fre way
abuts the site to the south and east, and R-1 8,000 z ned property
are located to the west across Brea Canyon Road.
5. The requested approval of Tentative Parcel Map No. 26771 is to allow
an approximate 6.50 -acre parcel of land to be subdivided into a five
(5) lot commercial condominium subdivision. The applicant has filed
a request for approval of plans for a retail/commercial shopping center
development consisting of a 116 -room three-story hotel, two
freestanding restaurants, and two office/retail buildings totalin to
approximately 70,370 gross square feet of building area.
6. The approximate gross land area of the proposed lots escribed by
Tentative Parcel Map No. 26771 are: Lot 1, 0.72 -ac; Lt 2, 0.9 ac;
Lot 3, 0.94 -ac; Lot 4, 0.72 -ac; and Lot 5, 3.22 -ac.
D. Tentative Parcel Map
1. In accordance with Section 66474 of the State Map Act, the Planing
Commission finds that the proposed subdivision is consistent with the
applicable general and specific plans.
3
The project site contains approximately 6.50 acres of gross land area
with a General Plan's land use designation of General Commercial
which provides a maximum 1.0 Floor Area Ratio (F.A.R.) The proposed
project complies with the General Plan land use goals, objectives and
strategies, and has been designed in accordance with the provisions
established in the Brea Canyon Road and Lycoming Street Draft
Specific Plan that permits commercial condominium projects provided
that the overall site has a minimum lot area of 5 -acres.
2. The design or improvements of the proposed subdivision are consistent
with the General Plan and the Draft Specific Plan.
The General Plan's land use designation for the project area is
General Commercial with a maximum 1.0 F.A.R. The proposed 5 -lot
subdivision will allow for a retail/commercial development within that
specified threshold. Furthermore, the project has been designed in
accordance with the provisions established in the Brea Canyon Road
and Lycoming Street Draft Specific Plan. Thereby, the proposed use
and its conditions promote the General Plan Land Use objective of
allowing a diversity of retail/commercial development types under
certain conditions.
3. The site is physically suitable for the type of development contemplated
by the proposed subdivision.
The approximate 6.50 -acre site will be divided into five lots. Gross lot
sizes vary between 0.72 acres and 3.22 acres. The proposed
retail/commercial development is in compliance with the applicable
Diamond Bar Development Code development standards, to include
the Brea Canyon Road and Lycoming Street Draft Specific Plan, and
it has adequate access to public streets and all public infrastructures.
4. The site is physically suitable for the proposed density of development
contemplated by the proposed subdivision.
The proposed project is approximately 6.50 gross acres to be
subdivided into five lots ranging in size from .072 acres to 3.22 acres.
The General Commercial land use designation and Brea Canyon Road
and Lycoming Street Draft Specific Plan allows for a maximum 1.0
F.A.R. The project proposes an F.A.R. of 0.10 to 0.46. Therefore, the
density is consistent with the provisions of the Brea Canyon Road and
Lycoming Street Draft Specific Plan and the City's adopted General
Plan.
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1
1
5. The design of the subdivision or improvements is not likely tocause
substantial environmental damage or substantially a d unav idably
injure fish or wildlife or their habitat.
All substantial environmental issues have been 9xamined and
addressed in Mitigated Negative Declaration No. 002-07, which
indicated that there would be no impact on fish or wildli a as a result of
this project proposal.
6. The design of the subdivision or type of improvements re not Hely to
cause serious public health or safety problems; II
The design of the subdivision or type of improvements is not fiAely to
cause serious public health problems due to the requi ements f the
City's Building and Safety Division, Public Works Division, and public
safety departments. The referenced agencies through the permit and
inspection process will ensure that the proposed prof ctwill t be
detrimental to the public health, safety or welfare or will it be
materially injurious to the properties or improvements in the vicin y.
7. The design of the subdivision or the type of improvernents
will
not
conflict with easements, acquired by the public at large
fora
cess
through or use of, property within the proposed subdivision.
Conditions of approval are incorporated into the project,
which pr
vide
for on -and off-site improvements to include installation
and
maintenance of utilities, drainage and appropriate access
easements.
Therefore, the design of the subdivision and improvements
will
not
conflict with easements, acquired by the public at large,
for a
crss
through or the use of property within the proposed subdivision.
8. The discharge of sewage from the proposed subdivision
intc
the
community sewer system will not result in violatiop
of exi
ting
requirements prescribed by the California Regional
ater Qality
Board (CRWQB);
The proposed project will utilize an existing public sewer system) that
is consistent with the requirements of the CRWQB.
9. A preliminary soils report or geological hazard report indicates
adverse soil or geological conditions and the subdivider has prov ded
sufficient information to the satisfaction of the City Enginee or
Council that conditions can be corrected in the plan for the
development;
All soils and geological hazard concerns have been co sidered nd
adequately addressed in the Mitigated Negative Declar tion
5
No. 2002-07. There will be no significant impacts as a result of the
proposed project.
10. The proposed subdivision is consistent with all applicable provisions
of the City of Diamond Bar Subdivision Ordinance, the Development
Code, and other applicable provisions of the Municipal Code, and the
Subdivision Map Act.
The proposed project meets all the requirements of the City of Diamond
Bar Subdivision Ordinance, Development Code, Diamond Bar
Municipal Code, and the Subdivision Map Act.
E. Based upon the findings and conclusion set forth herein above, the Planning
Commission recommends that the City Council approve Tentative Parcel
Map, No. 26771 subject to execution and/or fulfillment of the following
conditions:
1. Approval of this project is contingent upon the City Council's approval
of General Plan Amendment No. 2002-01, Zone Change Amendment
No. 2002-01 and Specific Plan No. 2002-01. The effective date of
this approval shall be 31 days after the date of adoption of the
implementing ordinances.
2. The subject property shall be developed and maintained in substantial
compliance with the submitted Tentative Parcel Map No. 26771,
dated February 25, 2003, except as modified herein.
3. The proposed subdivision shall comply with all applicable City
regulations, to include the requirements of the Building, Fire, Planning
and Engineering Departments.
4. All utilities for the proposed subdivision shall be installed underground.
Service shall be obtained from the closest public facility.
5. Adequate drainage easements shall be provided over the subject
property in a manner approved by the City Engineer.
6. Drainage improvements are required, they shall be designed and
constructed to the satisfaction of the City Engineer and the Building
Official. Special care shall be taken to eliminate any nuisance water
from being deposited on adjoining property. The applicant shall use
best engineering practices to insure that the existing drainage channels
are utilized to collect all surface runoff.
7. The applicant shall prepare a site -grading plan in a manner that is
acceptable to the City Engineer and the Building Official.
8. All existing buildings and structures shall be razed or removed from the
site.
9. A landscape plan, prepared by a licensed landscape architect, shall be
prepared and submitted to the City for review and approval. The
landscape plan shall indicate all of the existing mature trees that Are to
be removed as part of the site grading activity. The landscape plan
shall identify all of the perimeter landscaping and irrigation that shall be
installed as part of the site grading activity. The landscape plan shall
include all required off-site landscape improvements.
10. Street improvement plans shall be prepared and submitted
to thE
City
and CalTrans for review and approval. The plans shall
include
the
installation of a raised landscaped median to be constructed
in
Brea
Canyon Road from the freeway off -ramp to Lycoming St
eet ass
own
on the submitted plans. All public improvements shall be
designe
and
installed to the satisfaction of the City Engineer.
11. Curb, gutter, sidewalk, drive approach and street pav
out shall
be
installed along the street frontage of the subject propert
in a m
nner
acceptable to the City Engineer and the Director of Public
orks.
12. All public utilities to include public sewers, gas, water, electricity,
telephone, cable television and storm drain facilities shall be installed
underground for the future use of each lot. All improveme Is shall be to
the satisfaction of the City Engineer.
13. All required public improvements shall be built to City Standards to the
satisfaction of the City Engineer in accordance with the current edition
of the "Standard Specifications for Public Works Construction." All
required improvements shall be bonded for in accordance with the
provisions of the State Map Act prior to recordation of the Final Map
14. All street improvement plans shall be submitted to CalTrans for review
and comment. CalTrans may require a fair share payment for heir
future improvements to the state highway system. This requirement
should be resolved with CalTrans.
15. The Final Parcel Map shall be prepared by a licensed civil engineE r or
land surveyor in compliance with all applicable provisions of Title 21 of
the Diamond Bar Municipal Code and the Subdivision Map Act to the
satisfaction of the City Engineer.
16. The Final Parcel Map shall be submitted to the City
review and approval . When the final map is prepared i
with state and local regulations, the City Engineer shall fc
7
ngineerl for
the
)ce
final map to the City Council for approval and authorization to record
said final map with the Los Angeles County Recorder.
17. Approval of this Tentative Parcel Map No. 26771 shall automatically
become null and void two (2) years from the date of approval. The
applicant may file for a one-year extension of the City's approval in
the event that the application for extension is filed with the City at
least 30 -days prior to the expiration date.
18. The applicant shall prepare CC&R's and a reciprocal parking access
and maintenance agreement for the subject property. These
documents shall be prepared in a manner satisfactory to the City
Engineer and City Attorney. The CC&R's and the agreement shall
identify the party or parties responsible for the regulation, care,
upkeep and management of the entire site to include all parking and
landscaped areas. The approved agreement shall be recorded with
the Los Angeles County Recorder.
19. In accordance with Government Code Section 66474.9 (b)(1), the
applicant shall defend, indemnify, and hold harmless from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void or annul, approval of Tentative
Parcel Map No. 26771 brought within the time period provided for in _
Government Code Section 66499.37.
20. Traffic signal and street striping improvements for the intersection of
Brea Canyon Road and Lycoming Street shall be installed to the
satisfaction of the City's Public Works Division. The improvements
shall include the dedicated left turn movement for northbound traffic
on Brea Canyon Road. In lieu of the installation of the required traffic
signal improvements the applicant shall deposit $100,000 with the
City for the upgrade of the traffic signal at this intersection.
21. An approved traffic deceleration lane into the project site shall be
constructed, on private property, for northbound traffic on Brea
Canyon Road as shown on the submitted plans.
22. An approved "pork chop" island shall be installed at the project
entrance in a manner acceptable to the City.
23. Applicant shall install approved street lights along Brea Canyon Road
at 150 -foot intervals. Street Lighting must be incorporated into the
improvement plans and designed pursuant to Los Angeles County
Lighting District standards. The applicant shall file an application with
the Los Angeles County Street Lighting Maintenance District
No. 10006 and shall obtain acceptance prior to issuance of the
Certificate of Occupancy.
E-1
24. A six-foot high decorative masonry wall shall be installed along the
Dryander Street frontage as shown on the submitted plans. The
design of and type of construction materials shall be s bmitted o the
City for approval prior to the construction of such wall.
25. The existing 6 -foot high masonry wall located along the northerly
property line shall be removed in it entirety.
26. Upon completion of the development activity, the City Engineer may
require the applicant to restore that portion of the highway facilities
(Brea Canyon Road) damaged by the applicant's activ ty, or the City
Engineer may elect that the City perform such restoration to be
funded by the applicant.
27. The applicant shall comply with the latest adopted Uniform Bu Iding
Code, Uniform Mechanical Code, Uniform Plumbing Code, Na ional
Electric Code, and all other applicable construction codes, ordinances
and regulations in effect at the time of grading and building p rmit
issuance.
28. Construction activity shall be limited to the hours of :00 A.M. and
7:00 P.M. during weekdays and 9:00 A.M. and :00 P.M.on
Saturdays. No construction shall be permitted on Sundays or
holidays.
29. All improvement plans shall be submitted to the Los Ar geles Cc unty
Fire Department for review and approval regarding adequate fire i ows
and access requirements.
30. All required fire hydrants shall be installed, tested anc accept or
bonded for prior to Final Map approval. Vehicular access mut be
provided and maintained serviceable throughout construction.
31. The City Engineer shall determine the amount of the bonds necessary
to guarantee the installation of all required improvements, The tiond
amount shall be at least 110% of the estimated cost of the
improvements.
32. The project site shall be maintained and operated in fu I compliance
with the conditions of this approval and applicable laws, and
regulations.
33. This entitlement shall not be effective for any purpose until the
' permittee and owner of the property involved (if other than the
permittee) have filed, within fifteen (15) days of the approval date, at
the City of Diamond Bar Community and Development Sery ces
147
Department/Planning Division, their affidavit stating that they are
aware of and agree to accept all the conditions of this grant. Further,
this grant shall not become effective until the permittee pays any
remaining City 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
to Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91789 and Phil
Williams (Extended Stay Americas 2525 Cherry Avenue, #310, Signal
Hill, CA 90806.
APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY 2003, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: `
Joe Ruzick lann' g Commission Chairman
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 25th
day of February 2003, by the following vote:
AYES: Commissioners Nelson, V/C Tye, Nolan, Tanaka, C/Ruzicka
NOES: None
ABSENT: None
A TAIN: One
ATTEST:
James D Stefano, Secretary
10
PLANNING COMMISSION RESOLUTION NO. 2003-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CO DITIO
APPROVAL OF TENTATIVE PARCEL MAP NO. 26771 ALLOWI G A I
LOT COMMERCIAL CONDOMINIUM SUBDIVISION OF A 6.50- CRE ;
LOCATED IN THE C-2 SP (COMMUNITY COMMERCIAL SPEC FIC P
OVERLAY) ZONE FOR PROPERTY LOCATED AT 850 BREA CAN ON R(
(APN 8719-013-010), DIAMOND BAR, CALIFORNIA.
RECITALS
A. WHEREAS, Phil Williams (Extended Stay America), acting as the age lit for the
property owner, Louis Marcellin, filed an application for a Ten tive Parcel Map
No. 26771 to create a 5 -lot commercial con ominiu for property located at 850
Brea Canyon Road, Diamond Bar, Los Angeles County, California. The
subject 6.50 -acre parcel of land is located in th C-2 SP (Community
Commercial -Specific Plan Overlay) zone. Hereinafter i this Resolution, the
subject Tentative Parcel Map shall be refer ed to a the "Application."
B. WHEREAS, on October 8, 2002, the project site was posted ith a req ired display
board and public notices were posted in three public places. On October 9,
2002, Notification of the public hearing for this project was pro ided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulleti newspapers.
Furthermore, public hearing notices were mailed to appro imately 461
property owners of record within a 700 -foot radius of the projec5.
C. WHEREAS, the Community and Development Services Department has
determined that the proposed subdivision represents a consisten , logical,
and appropriate division of the subject property that furthers th goals and
objectives of the City's adopted General Plan.
D. WHEREAS, on October 22, 2002, the Planning Commission f the Ci of Diamond
Bar conducted a duly noticed public hearing. he Plan ing Commission
continued the public hearing to December 10, 2002, there TT1 "'ter, the public
hearing was closed. The Planning Commission reco menceq- its
deliberations on January 28, 2003, February 11, 2003, and February 25,
2003.
E. WHEREAS, pursuant to Government Code Section 664523, City taft prepared a
written report recommending that the proposed s bdivision be conditionally
approved, and served a copy of that report upon the ubdivid r at least three (3)
days prior to the aforementioned hearing.
F. WHEREAS, pursuant to Government Code Section 66412.3, the Planning
Commission has considered the effect of the proposed subdivision, on the
housing needs of the region in which the City of Diamond Bar is situated and
has balanced these needs against the public service needs of its residents
and available fiscal and environmental resources; the recommendation for
conditional approval of the proposed subdivision represents the balance of
these respective needs in a manner which is most consistent with the City's
obligation pursuant to its police powers to protect the public health, safety and
welfare.
G. WHEREAS, the Planning Commission has reviewed and considered the
environmental information relevant to the proposed project prepared in
accordance with the provisions of the California Environmental Quality Act
(CEQA).
H. WHEREAS, the Planning Commission has carefully reviewed and considered all
of the evidence presented in connection with the hearing on the Project,
including but not limited to the staff report, all environmental data, and all
written and oral testimony presented.
II. RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
finds, determines and recommends as follows:
A. This Planning Commission hereby specifically finds that all of the facts set forth in
the Recitals, Part 1 of this Resolution are true and correct.
B. This project has been reviewed for compliance with the California Environmental
Quality Act (CEQA). The environmental review concludes that the proposed
project has been fully evaluated in Mitigated Negative Declaration No. 2002-
07. The Planning Commission has recommended that the Diamond Bar City
Council adopt the Mitigated Negative Declaration. Pursuant to Section
15162(a) of Article 11 of the California Code of Regulations, no further
environmental review is necessary because the proposed project is
considered a minor land division and the potential impacts of this project have
been previously evaluated in the Mitigated Negative Declaration. Compliance
with the associated Mitigation Monitoring Plan will ensure that any potential
significant adverse effect has been mitigated to a level of nonsignificance.
The circumstances and impacts evaluated have not changed, and no new
information has been made available that would have a bearing on the
findings, conclusions and mitigation measures included in the previously
considered Mitigated Negative Declaration. The mitigation measures set forth
in the Mitigated Negative Declaration are included as conditions of approval
of this proposed project. There is no evidence before this Planning
Commission that the project proposed herein will have the potential of an
adverse effect on wild
2
0
life resources or the habitat upon which the wildlife ( oasea upon
substantial evidence, this Planning Commission rebut the of
presumption of adverse effects contained in Section the title 114 of
California Code of Regulations.
C Prolect Description
Based upon the information and testimony presented, nin
Commission hereby finds as follows:
1. The use of a parcel map to divide the subject propert1 - into its is
consistent with the provisions of Section 66426 (c) of the S Act. Map
2. The project relates to a parcel of land located at 850 Brea Road
(APN 8719-013-010), Diamond Bar, California. The sut has site
approximately 6.50 gross acres of land area.
3. The project site has a General Plan Land Use designati n of
Commercial (C), and the Planning Commission has com that
the City Council adopt a consistent implementing z ne of SP
(Community Commercial Specific Plan Overlay) for the
property.
4. Generally, the site is abutting a C-1 zoned parcel to the ortl Los the
Angeles County Flood Control Channel. R-1 6,000 one are
beyond Flood Control Channel. The State Rout 60 abuts the
site to the south and east, and R-1 8,000 zoned are located r
to the west across Brea Canyon Road.
5. The requested approval of Tentative Parcel Map No. 26771 is to Ilow an
approximate 6.50 -acre parcel of land to be subdivided into a five (5) lot
commercial condominium subdivision. The applicant has filed a
request for approval of plans for a retail/commercial shopping center
development consisting of a 116 -room three-story hotel, two
freestanding restaurants, and two office/retail building totalin to
approximately 70,370 gross square feet of building area.
6. The approximate gross land area of the proposed lots escribe by Tentative
Parcel Map No. 26771 are: Lot 1, 0.72 -ac; L t 2, 0.9 ac; Lot 3, 0.94 -ac;
Lot 4, 0.72 -ac; and Lot 5, 3.22 -ac.
Tentative Parcel Man
1. In accordance with Section 66474 of the State Map Act,
Commission finds that the proposed subdivision is consi: with
applicable general and specific plans.
The project site contains approximately 6.50 acres of gross land area
with a General Plan's land use designation of General Commercial
which provides a maximum 1.0 Floor Area Ratio (F.A.R.) The
proposed project complies with the General Plan land use goals,
objectives and strategies, and has been designed in accordance with
the provisions established in the Brea Canyon Road and Lycoming
Street Draft Specific Plan that permits commercial condominium
projects provided that the overall site has a minimum lot area of 5-
2. The design or improvements of the proposed subdivision are consistent with
the General Plan and the Draft Specific Plan.
The General Plan's land use designation for the project area is General
Commercial with a maximum 1.0 F.A.R. The proposed 5 -lot
subdivision will allow for a retaillcommercial development within that
specified threshold. Furthermore, the project has been designed in
accordance with the provisions established in the Brea Canyon Road
and Lycoming Street Draft Specific Plan. Thereby, the proposed use
and its conditions promote the General Plan Land Use objective of
allowing a diversity of retaillcommercial development types under
certain conditions.
3. The site is physically suitable for the type of development contemplated by
the proposed subdivision.
The approximate 6.50 -acre site will be divided into five lots. Gross lot
sizes vary between 0.72 acres and 3.22 acres. The proposed
retaillcommercial development is in compliance with the applicable
Diamond Bar Development Code development standards, to include
the Brea Canyon Road and Lycoming Street Draft Specific Plan, and it
has adequate access to public streets and all public infrastructures.
4. The site is physically suitable for the proposed density of development
contemplated by the proposed subdivision.
The proposed project is approximately 6.50 gross acres to be
subdivided into five lots ranging in size from .072 acres to 3.22 acres.
The General Commercial land use designation and Brea Canyon Road
and Lycoming Street Draft Specific Plan allows for a maximum 1.0
F.A.R. The project proposes an F.A.R. of 0.10 to 0.46. Therefore, the
density is consistent with the provisions of the Brea Canyon Road and
Lycoming Street Draft Specific Plan and the City's adopted General
Plan.
C!
5. The design of the subdivision or improvements is not likely to
substantial environmental damage or substantially a d unav injure
fish or wildlife or their habitat.
All substantial environmental issues have been xamine and add esse I in
Mitigated Negative Declaration No. 002-07, which in(ficated that tt ere
would be no impact on fish or wildli e as a result of this roject propos 1.
6. The design of the subdivision or type of improvements -re
serious public health or safety problems;
The design of the subdivision or type of improvemer
cause serious public health problems due to the rec
City's Building and Safety Division, Public Works Divi,
safety departments. The referenced agencies througi
inspection process will ensure that the proposed �
detrimental to the public health, safety or welfare or wi
injurious to the properties or improvements in the vicin
7. The design of the subdivision or the
lil-ely
> is not
li ly
o
,irement3
f tf
e
on, ana
pub
�c
he per
't arid
maintenance of utilities, drainage and appropriate acce
)jctwlt
ents.
e
it be m
tena
v
of ilp
The proposed project will utilize an existing public se w -r system that is
consistent with the requirements of the CRWQB.
conflict with easements, acquired by the public at large
for a
cess
through or use of, property within the proposed subdivisi
on.
Conditions of approval are incorporated into the project, which p
vide
for on -and off-site improvements to include ins
tallation
an
maintenance of utilities, drainage and appropriate acce
s ease
ents.
Therefore, the design of the subdivision and im rov
ents w
1 no
conflict with easements, acquired by the public at lar
e, for
cess
through or the use of property within the proposed subd
ision.
8. The discharge of sewage from the proposed subdivil
sion inj
th
community sewers stem will not result in violatid
of exi
I tin
equirements prescribed by the California Regional dater Q blity
3oard (CRWQB);
The proposed project will utilize an existing public se w -r system that is
consistent with the requirements of the CRWQB.
9. A preliminary soils report or geological hazard report indicates adverse soil
or geological conditions and the subdivider has prov ded sufficient
information to the satisfaction of the City Enginee or Council that
conditions can be corrected in the Ian for the development;
> and geological hazard concerns have been co sidered nd adequately addressed in the Mitigated
Vegative Declar tion
No. 2002-07. There will be no significant impacts as a result of the
proposed project.
10. The proposed subdivision is consistent with all applicable provisions of the
City of Diamond Bar Subdivision Ordinance, the Development Code, and
other applicable provisions of the Municipal Code, and the Subdivision
Map Act.
The proposed project meets all the requirements of the City of Diamond
Bar Subdivision Ordinance, Development Code, Diamond Bar Municipal
Code, and the Subdivision Map Act.
E. Based upon the findings and conclusion set forth herein above, the Planning
Commission recommends that the City Council approve Tentative Parcel Map .
No. 26771 subject to execution and/or fulfillment of the following conditions:
1. Approval of this project is contingent upon the City Council's approval of
General Plan Amendment No. 2002-01, Zone Change Amendment No.
2002-01 and Specific Plan No. 2002-01. The effective date of this
approval shall be 31 days after the date of adoption of the
implementing ordinances.
2. The subject property shall be developed and maintained in substantial
compliance with the submitted Tentative Parcel Map No. 26771, dated
February 25, 2003, except as modified herein.
3. The proposed subdivision shall comply with all applicable City regulations,
to include the requirements of the Building, Fire, Planning and
Engineering Departments.
4. All utilities for the proposed subdivision shall be installed underground. Service
shall be obtained from the closest public facility.
5. Adequate drainage easements shall be provided over the subject property in a
manner approved by the City Engineer.
6. Drainage improvements are required, they shall be designed and
constructed to the satisfaction of the City Engineer and the Building
Official. Special care shall be taken to eliminate any nuisance water
from being deposited on adjoining property. The applicant shall use
best engineering practices to insure that the existing drainage
channels are utilized to collect all surface runoff.
7. The applicant shall prepare a site -grading plan in a manner that is acceptable to
the City Engineer and the Building Official.
n.
8. All existing buildings and structures shall be razed or rer-oved fro -n the
site.
12. All public utilities to include public sewers, gas, wat r, elect icity telephone,
cable television and storm drain facilities sh II be inst-lled underground
for the future use of each lot. All improveme is shall e to the satisfaction
of the City Engineer.
13. All required public improvements shall be built to City Standards t the
satisfaction of the City Engineer in accordance with the current e ition
of the "Standard Specifications for Public Works Cons ruction." All
required improvements shall be bonded for in accordance with the
provisions of the State Map Act prior to recordation of the Final Map
9. A landscape plan, prepared by a licensed landscape architect,
shall b
prepared and submitted to the City for review and a
pproval.
Th
landscape plan shall indicate all of the existing mature tr
ees that
re t
be removed as part of the site grading activity. The I
ndscap
plan
shall identify all of the perimeter landscaping and irrigati n that sh
all
b
installed as part of the site grading activity. The landscape
plan shall
include all required off-site landscape improvements.
10. Street improvement plans shall be prepared and submitt
ed to th
Cit
and CalTrans for review and approval. The plans sh all includ
the
installation of a raised landscaped median to be constr
ucted in Bre
Canyon Road from the freeway off -ramp to Lycoming S
eet ass
ow
on the submitted plans. All public improvements shall be
designdesigne
and
installed to the satisfaction of the City Engineer.
11. Curb, gutter, sidewalk, drive approach and street pa
out shd
I b
installed along the street frontage of the submect proper
Y in a ml
nne
acceptable to the City Engineer and the Director of Publid Works.
12. All public utilities to include public sewers, gas, wat r, elect icity telephone,
cable television and storm drain facilities sh II be inst-lled underground
for the future use of each lot. All improveme is shall e to the satisfaction
of the City Engineer.
13. All required public improvements shall be built to City Standards t the
satisfaction of the City Engineer in accordance with the current e ition
of the "Standard Specifications for Public Works Cons ruction." All
required improvements shall be bonded for in accordance with the
provisions of the State Map Act prior to recordation of the Final Map
14. All street improvement plans shall be submitted to CalTr ns for rE and
comment. CalTrans may require a fair share pay ent for future
improvements to the state highway system. This require should be
resolved with CalTrans.
15. The Final Parcel Map shall be prepared by a licensed civil engine r or land
surveyor in compliance with all applicable provisions of Title 2 of the
Diamond Bar Municipal Code and the Subdivision Map Act to the
satisfaction of the City Engineer.
16. The Final Parcel Map shall be submitted to the City ngineer for review and
approval . When the final map is prepared in accorda ce with state and
local regulations, the City Engineer shall fo-ward the -
N
final map to the City Council for approval and authorization to record said
final map with the Los Angeles County Recorder.
17. Approval of this Tentative Parcel Map No. 26771 shall automatically
become null and void two (2) years from the date of approval. The
applicant may file for a one-year extension of the City's approval in the
event that the application for extension is filed with the City at least 30 -
days prior to the expiration date.
18. The applicant shall prepare CC&R's and a reciprocal parking access and
maintenance agreement for the subject property. These documents
shall be prepared in a manner satisfactory to the City Engineer and
City Attorney. The CC&R's and the agreement shall identify the party
or parties responsible for the regulation, care, upkeep and
management of the entire site to include all parking and landscaped
areas. The approved agreement shall be recorded with the Los
Angeles County Recorder.
19. In accordance with Government Code Section 66474.9 (b)(1), the
applicant shall defend, indemnify, and hold harmless from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void or annul, approval of Tentative
Parcel Map No. 26771 brought within the time period provided for in
Government Code Section 66499.37.
20. Traffic signal and street striping improvements for the intersection of Brea
Canyon Road and Lycoming Street shall be installed to the satisfaction
of the City's Public Works Division. The improvements shall include the
dedicated left turn movement for northbound traffic on Brea Canyon
Road. In lieu of the installation of the required traffic signal
improvements the applicant shall deposit $100,000 with the City for the
upgrade of the traffic signal at this intersection.
21. An approved traffic deceleration lane into the project site shall be
constructed, on private property, for northbound traffic on Brea Canyon
Road as shown on the submifted plans.
22. An approved "pork chop" island shall be installed at the project entrance in a
manner acceptable to the City.
23. Applicant shall install approved street lights along Brea Canyon Road at
150 -foot intervals. Street Lighting must be incorporated into the
improvement plans and designed pursuant to Los Angeles County
Lighting District standards. The applicant shall file an application with
the Los Angeles County Street Lighting Maintenance District No.
10006 and shall obtain acceptance prior to issuance of the Certificate
of Occupancy.
24. A six-foot high decorative masonry wall shall be in; I the
Dryander Street frontage as shown on the submit design plans The
of and type of construction materials shall be City for ) the
approval prior to the construction of such wall.
25. The existing 6 -foot high masonry wall located along the no herly property
line shall be removed in it entirety.
26. Upon completion of the development activity, the City Enginee may
require the applicant to restore that portion of the highway facilities
(Brea Canyon Road) damaged by the applicant's activ ty, or the City
Engineer may elect that the City perform such res oration be funded by
the applicant.
27. The applicant shall comply with the latest adopted Uniform E
Code, Uniform Mechanical Code, Uniform Plumbing Code, I'
Electric Code, and all other applicable construction codes, ordi
and regulations in effect at the time of grading and building
issuance.
28. Construction activity shall be limited to the hours of :00 A.M. and 7:00 P.M.
during weekdays and 9:00 A.M. and :00 P. M on Saturdays. No
construction shall be permitted on Sunda or holidays.
29. All improvement plans shall be submitted to the Los A-geles C-unty Fire
Department for review and approval. regarding adeqate fire ows and
access requirements.
30. All required fire hydrants shall be installed, tested an, accepted or bonded
for prior to Final Map approval. Vehicular ac ess mu -t be provided and
maintained serviceable throughout constru tion.
31. The City Engineer shall determine the amount of the bonds necessary to
guarantee the installation of all required improvemen s. The and amount
shall be at least 110% of the estimated cost of the improvements.
32. The project site shall be maintained and operated in fu I compl with the
conditions of this approval and applicabl laws, regulations.
33. This entitlement shall not be effective for any purp se until the permittee and
owner of the property involved (if of er than the permittee) have filed,
within fifteen (15) days of the app oval dat , at the City of Diamond Bar
Community and Developm-nt Se ry ces
01
Department/Planning Division, their affidavit stating that they are aware
of and agree to accept all the conditions of this grant. Further, this grant
shall not become effective until the permittee pays any remaining City
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 to
Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91789 and Phil Williams
(Extended Stay America) 2525 Cherry Avenue, #310, Signal Hill, CA
90806.
APPROVED AND ADOPTED THIS 25T" DAY OF FEBRUARY 2003, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
7r
By: G, _
Joe Ruzick lann' g Commission Chairman
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 25'n day of
February 2003, by the following vote:
AYES: Commissioners Nelson, V/C Tye, Nolan, Tanaka, C/Ruzicka NOES:
None
ABSENT: None ABSTAIN: Ijlpne
ATTEST
James D -Stefano, Secretary
1