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HomeMy WebLinkAboutRES 2019-41RESOLUTION NOo Z019-41 A RESOLUTION OF THE CI`IY COUNCIL. OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT TO CHANGE THE EXISTING GENERAL PLAN LAND USE DESIGNATION FROM PROFESSIONAL OFFICE (OP) TO GENERAL COMMERCIAL (G) ASSOCIATED WITH THE BREA CANYON BUSINESS PARK PROJECT PLANNING CASE NO. PL2017-169 LOCATED AT 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL NUMBER 8719-013=017). o RECITALS 1. The property owner and applicant, Philip Lee of Lycoming, LLC, have filed an application (Planning Case No. PL2017-169) to build a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square. foot, three-story office building; and an 8,900 square -foot, one level medical office building located on the east side of south Brea Canyon Road between Lycoming Street and SR-60 freeway. Hereinafter in this resolution, the subject components of the application shall be collectively referred to as the "Project." 2. The following approvals are requested of the City Council: (a) General Plan Amendment to change the land use designation from Professional Office (OP) to General Commercial (C). (b) Zone Change to change the zoning district from Light Industry (I) to Regional Commercial -Planned Development Overlay (C-3-PD). (c) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the building height limit to allow a 64400t high, four-story hotel and a 55400t high, three-story office buildings (where 35 feet is the maximum allowed); reduce the parking requirement to allow 289 spaces (where 299 spaces are required); and deviate from the parking design standard by reducing the dimensions of 53 parking spaces to 8'X16' to allow for compact spaces (where 9'X19' is required). (d) Tentative Parcel Map to subdivide the subject parcel into four lots, and create air space condominium subdivisions for the two office buildings. The three-story office building will subdivide air space for 34 medical and general office units, and the one level medical office building will subdivide air space for two medical office units. (e) Development Review to approve the site and architectural designs of a new commercial development to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. (f) Parking Permit to share access and parking between the proposed parcels. (g) Comprehensive Sign Program to establish design criteria for all signage associated with the proposed buildings. 3. The subject property consists of one parcel totaling 249,022 gross square feet (5.73 acres). It is located in the Light Industry (1) zone with an underlying General Plan land use designation of Professional Office (OP). 4. The legal description of the subject property is Lots 7 and 79 of Parcel Map No. 33069. The Assessor's Parcel Number is 8719-013-017. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on September 19, 2019, with the State Clearinghouse and the Los Angeles County Clerk. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also mailed to public agencies and residents who attended the community meeting hosted by the applicant. Pursuant to CEQA Section 15105, the 30-day public review period for the MND began on September 20, 2019, and ended October 19, 2019. 6. In accordance with CEQA Guidelines Section 15074, a Resolution approving I Negative Declaration and adopting a Mitigation Reporting and Monitoring Program for the Project was reviewed by the City Council concurrently with this Resolution. 7. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on October 18, 2019. Public hearing notices were mailed to property owners within a 700400t radius of the project site and to residents who attended the community meeting hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City 's designated community posting sites. 8. On October 30, 2019, 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. 9. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on November 8, 2019. Public hearing notices were mailed to property owners within a 700400t radius of the project site and to residents who attended the community meeting hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City's designated community posting sites. 10. On November 19, 2019, the City Council 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. 11. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RED®LUTI®N NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council has determined that the proposed General Plan Amendment represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City's General Plan. 3. The City Council hereby approved General Plan Amendment for the Brea Canyon Business Park Project (Planning Case No. P1.2017-169) based on the following findings, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: Findin :The Approvals are internally consistent with the General Plan and other adopted goals and policies of the City and is in the public interest. Facts in Support of Finding: a. The Approvals will establish a General Commercial (C) designation in the General Plan Land Use Element to allow for a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square -foot, three-story office building; and an 8,900 square - foot, one level medical office building. The Land Use Map will be amended to change the land use designation from Professional Office (OP) to General Commercial (C) as shown in Exhibit A, attached hereto; and will amend the Zoning Map to change the zoning district from Light Industry (1) to Regional Commercial. Planned Development Overlay (C-34PD) as shown in Exhibit B, attached hereto, in order to bring the existing General Plan Land Use and Zoning info conformance with each other and to accommodate the Project. b. For the reasons set forth below, the Approvals are consistent with the following goals, objectives, and related strategies of the Land Use Element: • Land Use Element Vision Statement states: It is the overall goal of the land use element to ensure that the land uses and development decisions of Diamond Bar maintain and enhance the quality of life for its residents. Strategy 1.1.3: Identify commercial land use categories to provide for a range of retail and service use to serve City needs and to guide development within the City and its Sphere of Influence. (b) Establish General Commercial (C) areas to provide for regional, freeway -oriented, and/or community retail and service commercial uses. Development of General Commercial areas will maintain a floor area ratio (FAR) between 0.25 and 1.00. The project site is a highly visible site adjacent to the SR60 freeway. Its proximity to the freeway offramp provides additional exposure and convenient access to the traveling public. Adjacent land use designations to the northwest are General Commercial. Staff believes the proposed General Plan Amendment to General Commercial represents a logical, appropriate and rational land use designation, which is consistent with the properties to the northwest. The Project will maintain a floor area ratio of 0.48. • Land Use Element —ObjectiveDesignate adequate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs. Strategy 1.3.1: Designate such lands for commercial use as are necessary to minimize sales tax leakage out of Diamond Bar and to capture the City's fair share of sales tax revenue. The Project will allow for the productive use of an underutilized property, introduces a land use that will capture use tax revenue (specifically hotel transient occupancy tax) and increase property tax for the benefit of the City and its constituents, and provide additional employment opportunities to the area's existing labor force. • Land Use Element —Strategy 1.3.2: Encourage the development of businesses that take advantage of locations visible from the freeway, where appropriate. As described above, the project site is a highly visible site adjacent to the SR60 freeway. The Project site provides freeway visibility and easy accessibility for a hotel and office development. • Land Use Element — Strategy 1.3.3: Encourage neighborhood serving retail and service commercial uses. (a) Typical uses in the Commercial Office category include uses such as general retail, specialty retail, markets, food and drug stores, commercial services, restaurants, automotive repair and service, hardware and home improvement centers, recreation, professional and business offices, financial institutions, medical offices, and real estate offices. The Project consists of a 47, 642 square -foot, three-story professional office building and an 8,900 square -foot, one level medical office building. These commercial offices provide additional services to Diamond Bar residents. • Land Use Element —Strategy 1.6.5: Where feasible within new developments, encourage a mixture of complementary development types (e.g. commercial, residential, recreational, sales tax and employment -generating uses) which can be provided in an integrated manner. The Project provides a mix of uses consisting of a hotel, professional office and medical office uses integrated into one business center. There are three separate parcels with each use, and a common lot including the driveway access, internal circulation system, parking, open spaces, easements and utilities. These properties will be governed by a property owners association and a property maintenance agreement to share the common areas. • Land Use Element — Objective 2.3: Ensure that future development occurs only when consistent with the availability and adequacy of public services and facilities. Strategy 2.3.1: Through the environmental and development review processes, ensure that adequate services, facilities, and infrastructure are available to support each development. Strategy 2.3.2: Require new development to pay its fair share of the public facilities and off -site improvements needed to serve the purpose. As part of the environmental review, staff sent notices to all public utility companies and service agencies regarding the Project. All agencies are expected to provide service to the property, including providers of gas, electrical, water, sewer, and cable television services. The Project is conditioned to install off -site traffic improvements to improve traffic flow in the area as follows: a) Construct a raised landscaped central median along Brea Canyon Road to prevent vehicles from turning left exiting the Project site as well as those traveling southbound along Brea Canyon Road from turning left into the Project site; b) Restriping of the northbound approach to westbound Lycoming Street along Brea Canyon Road to the north of the Project's driveway to provide an additional exclusive westbound left -turn lane; c) In response to the addition of a second exclusive left -turn lane to the west of Brea Canyon Road, along Lycoming Street the striping of the existing westbound lane to accommodate the two receiving lanes; and d) Relative to eastbound Lycoming Street, west of Brea Canyon Road, restriping of the existing eastbound shared left/through/right-turn lane to provide an exclusive left -turn lane and a separate shared through/right-turn lane. Additionally, the Project will be constructing attractive off -site streetscape improvements along the Project frontage such as the sidewalks, street trees, decorative interlocking pavers and theme rails. • Land Use Element —Strategy 3.1.2: Where feasible and appropriate, add areas for landscaping, such as in medians or by widening parkways within the primary arterial roadway system, as a means of traffic control, providing pedestrian amenities, and as an aesthetic feature for the community. A raised landscaped central median will be constructed along Brea Canyon Road to prevent vehicles from turning left existing the Project site as well as those traveling southbound along Brea Canyon Road from turning left into the Project site. The Project's frontage will also incorporate street trees and an eight -foot wide sidewalk with decorative interlocking pavers and theme rails to provide attractive streetscape elements. • Land Use Element — Objective 3.2: Ensure that new development and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design. Strategy 3.2.3: Minimize the use of block walls unless they are needed for a specific screening, safety, or sound attenuation purposes. Where feasible, provide instead a wide open area with informal clusters of trees, defined by spilt rail, wrought iron, or similar open fencing. Where construction of a solid wall which will be visible along a public street is necessary, provide landscaping such as trees, shrubs, or vines to break the visual monotony, and soften the appearance of the wall, and to reduce glare, heat, or reflection. Strategy 3.2.6: Where the rear or sides of commercial, office, or other non- residential buildings will be visible within a residential neighborhood, ensure that the visible elevations will be treated in such a manner as to provide a pleasing appearance. Strategy 3.2.7: Ensure that commercial developments are designed with a precise concept for adequate signage, including provisions for sign placement and number, as well as sign scale in relationship to the building. Ensure that signs are integrated into the overall site and architectural design theme of commercial developments. The architectural style is a contemporary modern style. The buildings are designed to incorporate principles of the modern architecture by its simplicity of building form and windows with nonsupen`luous details. Facades are articulated, with changes in of height, wall planes, window composition, wall materials and colors. The architectural articulation and visual quality of the street facades are continued on all sides of all buildings. Metal accent and wood paneling, stone veneer, glass and building colors will be consistent for all three buildings to provide a cohesive, unified design. A six-foot high block wall is proposed along the south property line and will be smooth stuccoed and articulated with landscaped pockets with flowering vines planted every 50 feet to soften the hard wall surfaces when viewed from the public right-of-way. Additionally, the Caltrans owned and maintained slope directly adjacent to the southern boundary that runs parallel to the existing SR60 westbound offramp will be landscaped with a variety of shrubs and irrigated to provide an attractive visual statement from Brea Canyon Road. The applicant submitted a Comprehensive Sign Program, which pI ovide size criteria for wall and monument signs that are appropriate to the scale and setbacks of the buildings, and are placed so that they respect and harmonize with the architectural elements onto which they will be mounted or constructed. • Land Use Element —Strategy 4.1.2: Consider potential impacts of proposed Diamond Bar developments on neighboring jurisdictions as part of the development review process. Notify neighboring jurisdictions when considering changes to the City's existing land use pattern. As part of the environmental review, staff sent notices to all neighboring cities regarding the Project. Staff has not received any comments from any of the cities. • Resource Management Element — Strategy 2.1.3: Consistent with State law, encourage the use of primarily drought -tolerant plants, efficient design in landscape application, and the use of reclaimed water systems. (a) As part of the City development review of landscaping plans, discourage installation of large areas of lawn or turf, or limit installations to areas that require the use of grass, where feasible. The Project does not have large areas of lawn or turf. The majority of the plant palette consists of low water use plants, and is required to comply with the water -efficient landscaping requirements during building plan check. • Public Health and Safety Element —Strategy 1.1.1: As required by the Uniform Building Code, require site -specific geotechnical investigation be performed to determine appropriate design parameters for construction of public and private facilities in order to minimize the effects of any geologic and seismic hazard on such development. The Project is not located within any known landslide hazard area, and all buildings will conform to applicable earthquake design regulations in the 2016 California Building Code as well as conform to and be consistent with the recommended seismic parameters and recommended design and development standards identified in the preliminary geotechnical report. A preliminary geotechnical report was submitted and indicated a potential for liquefaction of layers of sandy soils at the northwest corner of the project site. A mitigation measure is included in the Mitigation Reporting and Monitoring Program to reduce any potential hazards and liquefaction settlements. • Public Health and Safety Element —Strategy 1.2.1: Where applicable, as a prerequisite to new development or the intensification of existing development, ensure that drainage study has been completed by a qualified engineer, certifying that the proposed development will be adequately protected, and that implementation of the development proposal will not create new downstream flood hazards. A Hydrology and Low Impact Development Calculations study was submitted, reviewed and approved by the City Engineer. The Project will comply with the applicable provisions of the Amended 2012 MS4 permit, and the City's LID Ordinance. Through compliance with these permits, the Project would not violate any water quality standards or waste discharge requirements. • Public Health and Safety Element — Objective 1.5: Minimize the risk and fear of crime through physical planning strategies. Create a high level of public awareness and support for crime prevention. Strategy 1.5.1: Refer proposals for new development, where appropriate, and for the intensification of existing development to the Sheriff's Department for review. As part of the development review, staff forwarded the Project plans to the LA County Sheriff's Department, and did not receive comments. • Public Health and Safety Element —Objective 1.9: The City should seek to improve local and regional air quality by encouraging ride -sharing, use of public transit, and other transportation demand management techniques. Strategy 1.9.1: Promote the provision of non-polluting transportation alternatives such as a Citywide system of bikeways and pedestrian sidewalks. The Project is conditioned to submit a Transportation Demand Management (TDM) program to encourage increased rideshanng and the use of alternative transportation methods, prior to the issuance of building permits. The Project is also required to install bike lanes in both directions along Brea Canyon Road between Golden Springs Drive and Lycoming Street, and construct an eight -foot wide sidewalk. • Public Health and Safety Element —Strategy 1.10.10: Locate land uses to buffer residential uses from noise and activity caused by non-residential uses or streets or highways and site buildings to serve as a noise buffer. Refer to the Land Use section to insure a smooth transition between residential and non-residential uses. The SR60 freeway mainline is located approximately 30 feet higher than the Project site. With the heights of the hotel and three-story office buildings and the placement of these buildings along the southern boundary, a portion of the freeway will be ON from a number of existing homes along the westerly segments of Dryander Drive and portions of Lycoming Street west of Dryander Drive. Although the freeway noise will continue to radiate over and around the hotel and the three-story office buildings, the proposed buildings will attenuate some of the existing ambient noise. • Circulation Element —Strategy 4.1.2: Consider reductions in parking in exchange for transportation demand management programs. The Project is required to provide 299 parking spaces. There are 289 spaces proposed to be provided on -site. A Transportation Demand Management program is required. However, based on the parking studies assessing the projected peak parking demands, and parking utilization data/surveys for the hotel component with the office uses, the Project will support the overall parking demand, with surplus parking available during most times. To ensure that adequate parking is available for customers and employees of the Project, a Parking Management Plan is also required to identify the proposed employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers and employees of the center. • Public Services and Facilities Element —Strategy 1.1.3: Require the construction of water, sewer, drainage and other necessary public facilities prior to or concurrent with each new development. As part of the environmental review, staff sent notices to all public utility companies and service agencies regarding the Project. All water, sewer, drainage and other necessary public facilities will be constructed as part of the development. • Public Services and Facilities Element —Strategy 1.5.1: Retain and provide community social gathering places, including active and natural park lands and one or more community centers. In private and commercial office complexes, encourage the development of plaza areas. The Project incorporates outdoor common open spaces areas for each building. The office bungs have outdoor patio areas with seating, tables and benches; and the hotel has an outdoor pool area. • Public Services and Facilities Element —Objective 2.1: Provide sufficient opportunities for retail and other non-residential commercial and office uses as necessary to maximize municipal income to finance desired community amenities. The Project will allow for the productive use of an underutilized property and introduces a hotel use that will capture use tax revenue (specifically hotel transient occupancy tax) and increase property tax for the benefit of the City and its constituents. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to Philip Lee of Lycoming, LLC, 17777 Center Court Drive, Suite 725, Cerritos, CA 907039 PASSED APPROVED ANLJ ADOPTS® this 19t" day of November, 2019a Carol Herrera, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 19t" day of November, 2019, by the following vote: AYES: COUNCIL MEMBER: Chou, Low, Lyons, MPT/Tye, M/Herrera NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAINED: COUNCIL MEMBER: None Kristina Santana, City Clerk EXHIBIT: Exhibit A: Amended Land Use Map i�i� . �� • � •■: �i�� i ;.� i i ,=1 �9HPAIMJv7�Ii'�V r �, �J ti C i _ � , t�l '�� :�) ( ., [� l � � � � � '� ) : � `; �\ I I � ,.. 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I vrarryc a.r�.urr�y General Plan �S-Sehcol RR -Rural Residential - (max. t du/acre) � W-Water RL-Low Density Residential (maz 3 du/acre) - pK-Park Q RLM -Low-Medium Residential (max. 5 dulacre) � GC- Galf Courses RM -Medium DensBy Residential (max. 12 du/acre) � OS _Opens Space RMH -Medium High Densely Residential (max. i6 dWacre) ®pR -Private Reaeatien ® RH-High Density Residential (max. 20 dWacre) � qG-Agriculture (max. 7dW 5 acre) ® RH3D- Hlgh Density ResidenliaF30 (min.20 dWacre and max.30 dWacre) � AG/SP- SigniOpnt EcologicalArea - C-General Commercial (maz 1.0 FAR) � pA.t/gp CO -Commercial Office (maz t.0 FAR) Q pA.ysp OP -Professional Office (max. 1.0 FAR) � PAJ/SP - I -Light Industrial (max. t.0 FAR) � pA-glgp © PF-Public Facility ®PA-5/RH30 ® F -Fire 85P -Specific Plan Overlay City Boundary ��,_ ��SphereoflnMence Parcels C I i Y 0 F DIAMaN D BAR CA61F©RNE� N 0 0.5 1 � � � Miles f� Location:lnaboollGlS Projects\Departments\ PlanninglGeneral_PIan1MX0\DiamondBar GP 20'19 This map shall not be reproduced or distributed withouf prior written consent Copyright 2016: City of Diamond Bar