HomeMy WebLinkAboutPC 2011-28ffl•%wil •` • _-,,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAITInffill
BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE PARCEL MAP NO. 71362 AND 'A 60 TO
SUBDIVIDE A 4.4 -ACRE EXISTING SHOPP• INTO THREE SEPARATE
PARCELS i i PARKING • . TO SHAREDRIVEWAY ACCESS AND
BETWEENPARKING
BAR BLVD., DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NOS. 8281-010-057
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A. RECITALS
1. Property owner, Black Equities Group, Ltd., and applicant, ,Joseph C. Truxaw
and Associates, have filed an application for Tentative Parcel Map No. 71362 to
subdivide a 4.4 -acre existing shopping center into three separate parcels and
Parking Permit No. PL 2011-260 to share driveway access and parking
between the existing properties located at 300-324 S. Diamond Bar Blvd.,
Diamond Bar, Los Angeles County, California ("Project Site"). The Project Site
is depicted in Exhibit 1.
2. The Project Site is currently comprised of two parcels totaling 4.4 acres. It is
located in the Community Commercial (C-2) zone and is consistent with the
General Commercial land use designation of the General Plan.
3. On December 2, 2011, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. Public hearing notices were mailed to property owners within a
700 -foot radius of the Project site and public notices were posted at the City's
designated community posting sites. In addition to the published and mailed
notices, the project site was posted with a display board.
4. On December 13, 2011, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
NOW, THEREFORE, it is found, determined and resolved by 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 the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19 Section 15301(k) (Subdivision of
Existing Commercial Buildings, Where No Physical Changes Occur) of the
CEQA Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 21.20,080 and 22.30.050, this
Planning Commission hereby finds and recommends as follows:
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's
Subdivision Ordinance, the Planning Commission makes the following findings:
1 The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the general plan and any applicable specific
plan:
The proposed project involves the subdivision of an existing 4.4 -acre shopping
center into three separate parcels. The newly subdivided parcels will share
driveway access and parking. The General Plan land use designation for the
site is General Commercial (C). The proposed project is consistent with the
General Plan land use designation. The project site is not a part of any specific
plan.
2. The site is physically suitable for the type and proposed density of
development:
The property is already improved with existing buildings. No new construction
will take place, and there will be no physical changes to the building and
property.
3. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or injure fish or wildlife or their habitat:
The design of the subdivision will not cause substantial environmental damage
or injure fish or wildlife or their habitat because the existing site is located in an
urbanized area that does not contain habitats or would otherwise injure fish or
wildlife or their habitat. In addition, no new construction will take place, and
there will be no physical changes to the building and property.
4. 'The design of the subdivision or type of improvements will not cause serious
public health or safety problems:
The proposed subdivision is not likely to cause serious public health or safety
problems because the existing site is located in an urbanized area. No new
construction will take place, and there will be no physical changes to the
building and property.
5. The design of the subdivision or 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:
The site has existing utility easements within the project site. In addition, a
condition is added to the project requiring a reciprocal parking and access
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Planning Commission Resolution No 2011-28
agreement with the newly created parcels for the use and access of all common
roads, driveways, parking, and easement areas, prior to final map approval,
6. The discharge of sewage from the proposed subdivision into the community
sewer system would not result in violation of existing requirements prescribed
by the California Regional Water Quality Control Board:
Each lot shall be served by a separate sewer lateral which shall not cross any
other lot lines. In the event that it is determined that each lot is not serviced by
a separate independent sewer lateral, joint sewer maintenance and sewer line
easements which cross the lot lines shall be identified in the joint agreements
between properties. Therefore, no further environmental review is required.
7. A preliminary soils report or geologic hazard report does not indicate adverse
soil or geologic conditions:
The property is already improved with existing buildings. No new construction
or grading will take place, and there will be no physical changes to the building
and property.
8. The proposed subdivision is consistent with all applicable provisions of the
City's subdivision ordinance, the development code, and the subdivision map
act:
The proposed subdivision is consistent with the City's subdivision ordinance,
subdivision map act, and applicable development code. The existing buildings
meet all required setbacks and development code regulations.
Parking Permit Findings..(DBMC Section 22.30.050)
1. The intent of the parking regulations, which is to ensure that sufficient parking
will be provided to serve the use intended and potential future uses of the
subject site, is preserved:
Shopping centers over 50,000 square feet in size are required to provide I
parking space for every 300 square feet of gross floor area. The existing gross
floor area of the center is 62,399 square feet, therefore, requires 208 parking
spaces. There are 242 spaces provided on-site, and will exceed the
requirement by providing a surplus of 34 spaces.
2, A parking permit is approved in compliance with Section 22.30.050 (Reduction
of off-street parking requirements for shared uses):
When reviewing parking impacts on shopping centers, the various uses and
peak business hours for those uses are taken into consideration. The existing
shopping center has uses ranging from batik, fast-food restaurant, personal
services, and retail uses. The different uses result in a range of peak business
hours and parking demands. Due to this, staff does not foresee any parking
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Planning Commission Resolution No 2011-28
issues resulting from the proposed use. In addition, the existing parking supply
is adequate with a surplus of spaces.
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and
recommends that the City Council approve the Tentative Parcel Map and Parking
Permit, subject to the following conditions, and the attached Standard Conditions of
Approval:
A. GENERAL
1. The subdivision shall comply with the Conditions of Approval attached
hereto and referenced herein.
2. The applicant shall comply with the requirements of City Planning,
Building and Safety Division Divisions, Public Works/Engineering
Department, and the Los Angeles County Fire Department.
3. This approval shall not be effective for any purpose until the applicant
and owner of the property involved have filed, within twenty-one (21)
days of approval of this Tentative Parcel Map No. 71362 and Parking
Permit No. PI -2011-260, 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 approval. Further, this
approval shall not be effective until the applicant pay the remaining City
processing fees.
4. The Parking Permit is approved subject to the Tentative Parcel Map
conditions of approval.
B. TENTATIVE PARCEL MAP
1. The development shall secure compliance with the requirements of the
Subdivision Ordinance and the General Plan.
2. Prior to final map approval, the Covenants, Conditions, and Restrictions
(CC&R's)/Property Maintenance Agreement that governs the three
parcels shall be reviewed and approved by the City Attorney.
3. The existing property maintenance agreement with the Voris shopping
center shall be amended to reflect the subdivision of the three parcels,
and shall be reviewed and approved by the City Attorney prior to final
map approval, etc.
4. The development shall carry out the specific requirements of
Chapter 21.30 (Subdivision Design and Improvement Requirements) and
Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision
Ordinance, as applicable,
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Planning Commission Resolution No 2011-28
5. The approval of the Tentative Parcel Map No. 71362 expires within three
years frorn the date of approval if the use has not been exercised as
defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140.
The applicant may request in writing for a time extension if submitted to
the City no less than 30 days prior to the approval's expiration date,
subject to DBMC Section 21.20.150 for City Council approval.
6. Prior to final map approval, a reciprocal access and parking agreement
for the use and access of all common roads, driveways, parking, and
easement areas shall be reviewed and approved by the Community
Development Director and/or City Attorney.
7. The existing reciprocal access and parking agreement with the Vons
shopping center shall be amended to reflect the subdiVision of the three
parcels, and shall be reviewed and approved by the Community
Development Director and/or City Attorney prior to final reap approval,
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:
Black Equities Group, Ltd., 433 N. Camden Drive, Suite 1070, Beverly
Hills, CA 90210, and Joseph C. Truxaw and Associates, Inc., 265 S.
Anita Drive, Suite 111, Orange, CA 92868.
APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2011, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Jack ,Shah, ChairmanQ--,/
1, Greg Gubman, 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 13th day of
December 2011, by the following vote:
AYES: Commissioners: Nelson, Torng, VC/Lee, chair/Shah
NOES: Commissioners: None
ABSTAIN- Commissioners-. None
ABSENT- Commissioners: Lin
ATTEST:
Greg Gubman, AICP, Secretary
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PROJECT#: Tentative Parcel Map No. 71362 and Parking Permit No. PL
SUBJECT: A Tentative Parcel Map to subdivide an existing 4.4 -acre
existing shopping center into three separate parcels and
Parking Permit to share driveway access and parking
between the three properties.
PROPERTY Black Equities Group, Ltd., 433 N. Camden Drive, Suite
#WNER(S): 1070, Beverly Hills, CA 90210
APPLICANT: Joseph C. Truxaw Associates, Inc., 265 S. Anita Drive,
Suite 111, Orange, CA 92868
WITOTTWIli I r��11111 19-971=101
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1 In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul the approval of Tentative Parcel Map and Parking Permit
No. PL2011-260 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
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Planning Commission Resolution No 2011-28
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Tentative Parcel Map and Parking Permit No. PL 2011-260 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
approval. Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License, and zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2011-28, Standard
Conditions, and all environmental mitigations shall be included on the plans (full
size). The sheet(s) are for information only to all partied involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable Federal, State, or City
regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
7. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
8. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire Department.
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1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department) at the established
rates, prior to issuance of building permits, as required by the City. School fees
as required shall be paid prior to the issuance of building permit. In addition,
the applicant shall pay all remaining prorated City project review and processing
fees prior to final map approval.
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Planning Commission Resolution No. 2011-28
2. Prior to final map approval, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Tentative Parcel Map and Parking Permit shall expire within
three (3) years from the date of approval if the use has not been exercised as
defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may
request in writing for a one year time extension subject to DBMC
Sections 21.20.150 and 22.66.050(c) for City Council approval.
1. The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved 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 used has
obtained permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul, the approval of PM 71643 brought within the time period provided by
Government Code Section 66499.37. In the event the city and/or its officers,
agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims,
(b) Applicant shall promptly pay any final judgment rendered against the City
descendents.
The City shall promptly notify the applicant of any claim, action of proceeding,
and shall cooperate fully in the defense thereof.
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Planning Commission Resolution No 2011-28
A. GENERAL
1 A title report/guarantee showing all fee owners, interest holders, and nature of
interest shall be submitted for final map plan check. An updated title
report/guarantee and subdivision guarantee shall be submitted ten (10)
business days prior to final map approval.
2. Prior to final map approval, applicant shall submit to the City Engineer the detail
cost estimates for bonding purposes of all public improvements.
3. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
4. Prior to final map approval all site public improvement plans shall be approved
by the City Engineer, surety shall be posted, and an agreement executed
guaranteeing completion of all public improvements.
5. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
6. Prior to any work performed in the street right-of-way, fees shall be paid and a
construction permit shall be obtained from the Public Works Department in
addition to any other permits required.
7. Applicant shall label and delineate on the final map any private drives or fire
lanes to the satisfaction of the City Engineer.
8. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
9. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall not
be given until the copy of the recorded map is received by the Public
Works/Engineering Department.
10. Prior to occupancy, the applicant shall provide to the City as built mylars;
stamped by appropriate individuals certifying the plan for all improvements at no
cost to the City.
11. Applicant shall contribute funds to a separate engineering trust deposit against
which charges can be made by the City or its representatives for services
rendered. Charges shall be on an hourly basis and shall include any City
administrative costs.
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Planning Commission Resolution No. 2011-28
12. Applicant shall provide digitized information in a format defined by the City for
all related plans, at no cost to the City.
B. DRAINAGE
1 The Joint Access and Reciprocal Parking Agreement shall include provisions
for all parcel owners to accept cross lot drainage as identified on the final map
with drainage easements.
C. STREET IMPROVEMENT
1 The applicant shall replace and record any centerline ties and monuments that
are removed as part of this construction with the Los Angeles County Public
Works Survey Division.
2. Street improvement plans for the reconstruction of driveway approaches in a
24" x 36" sheet format, prepared by a registered Civil Engineer, shall be
submitted to and approved by the City Engineer.
D. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map.
E. SEWERS
1 Each lot shall be served by a separate sewer lateral which shall not cross any
other lot lines. In the event that it is determined that each lot is not serviced by
a separate independent sewer lateral, joint sewer maintenance and sewer line
easements which cross the lot lines shall be identified in the Joint Access and
Reciprocal Parking Agreement. Sewer easements crossing the lot lines shall
also be identified on the final parcel map similar to Cross Lot Drainage
easements.
F. TRAFFIC MITIGATIONS
1 Prior to final map approval, a registered traffic engineer shall analyze the
turning movements for ingress and egress out of the northerly driveway
approach for Parcel 3 along Golden Springs Drive to determine if turning
restrictions shall be imposed or if mitigations are required.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1, The declaration or other form of legal agreement is required to incorporate the
architectural plan as part of the required recorded document. All existing fire rated
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Planning Commission Resolution No 2011-28
walls and unrated openings must remain in-place per CBC 705.8 unless approved
through Building and Safety.
Am
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Planning Commission Resolution No 2011-28