HomeMy WebLinkAboutPC 2021-08PLANNING COMMISSION
RESOLUTION NO. 2021-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATIVE PARCEL MAP NO. 83371 (PLANNING CASE
NO. PL2021-15) FOR THE SUBDIVISION OF AN EXISTING 3.52-ACRE LOT
INTO TWO LOTS LOCATED AT 2335 SOUTH DIAMOND BAR BOULEVARD,
DIAMOND BAR, CA (APN 8292-009-004).
1. The property owner, Southern California Nevada Conference of the United
Church of Christ, and applicant, Samir M. Khoury of Coory Engineering,
have filed an application for Tentative Parcel Map No. 83371, to create a
two -lot subdivision. The subject property consists of approximately
3.52 acres at the southwest corner of Diamond Bar Boulevard and Morning
Canyon Road, with approximately half of the site developed as a church.
Proposed Parcel 1 is 76,728 square feet (1.76 acres) and proposed
Parcel is 76,729 square feet (1.76 acres). No new construction is
proposed with this request. The subject property is more specifically
described as 2335 South Diamond Bar Boulevard, Diamond Bar, Los
Angeles County, California. Hereinafter in this resolution, the subject
Tentative Parcel Map shall be collectively referred to as the "Proposed
Subdivision."
2. The subject property is located in the Medium Density Residential (RM)
zone with a General Plan land use designation of Medium Density
Residential,
3. The legal description of the subject property is Lot 1 of Tract No. 35554.
The Assessor's Parcel Number is 8292-009-004.
4. On July 2, 2021, notification of the public hearing for the Proposed
Subdivision was published in the San Gabriel Valley Tribune newspaper.
On June 30, 2021 public hearing notices were mailed to property owners
within a 1,000-foot radius of the subject property and posted at the City's
designated community posting sites.
5. On July 13, 2021, 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.
6. 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. RESOLUTION
NOW, THEREFORE,
it
is found,
determined and resolved by the Planning
Commission of the City
of
Diamond
Bar as follows:
1. The
Planning Commission
hereby
specifically
finds that all
of the facts set
forth
in the Recitals, Part A,
of this
Resolution
are true and
correct; and
2. The Planning Commission hereby determines the Proposed Subdivision to
be Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15315
(Minor Land Divisions) 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) Section 21.20, this Planning Commission
hereby recommends that the City Council makes the following findings:
1. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the Proposed Subdivision set forth in the application,
there is no evidence before this Planning Commission that the Proposed
Subdivision proposed herein will have the potential of an adverse effect on
wild life resources or the habitat upon which the wildlife depends. Based
upon substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5(d) of Title 14 of
the California Code of Regulations.
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080
of the City's Subdivision Ordinance, the Planning Commission recommends
that the City Council make the following findings:
a. 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 Subdivision involves the subdivision of an existing
153,457 gross square -foot (3.52 acres) lot into two lots. Proposed
Parcel 1 will be 76,728 square feet (1.76 acres) and proposed
Parcel will be 76,729 square feet (1.76 acres). The Proposed
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PC Resolution No. 2u21-OB
Subdivision will not involve any new construction and there will be no
physical changes to the existing buildings and property. The
property is zoned Medium Density Residential (RM) with the
underlying General Plan land use designation of Medium Density
Residential, Parcel 2 of the subject site is already developed and the
Proposed Subdivision is in compliance with the City's General Plan,
Design Guidelines, and development standards. The future
development of Parcel 1 will be processed through a Development
Review application for compliance with the City's General Plan, City
Design Guidelines, and development standards.
The Proposed Subdivision is consistent with the Diamond Bar 2013-
2021 Housing Element Goal 3: (Provide adequate sites through
appropriate land use and zoning designations to accommodate
future housing growth.') in that the Proposed Subdivision will result
in the creation of a potential site for future housing development that
will be compatible with the surrounding development.
The subject property is not subject to the provisions of any specific
pIan,
b. The site is physically suitable for the type and proposed density of
development;
The Proposed Subdivision will not interfere with the use and
enjoyment of neighboring existing or future developments. The
subject property site is already improved with existing buildings and
utility facilities to service the church campus. No new construction
will take place, no physical changes to the existing buildings are
proposed, and no new land uses are being proposed with this
Proposed Subdivision.
The maximum allowed density for the Medium Density Residential
general plan land use designation and zoning district is twelve
dwelling units per gross acre (12 DU/Acre). Future development of
Parcel 1 will be reviewed through the Development Review process
and analyzed against the development standards.
c. The design of the Proposed Subdivision or the proposed
improvements will not cause substantial environmental damage or
injure fish or wildlife or their habitat.
The design of the Proposed Subdivision or the proposed
improvements will not cause substantial environmental damage or
injure fish or wildlife or their habitat because the subject property 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
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PC ResoNtion No. 2021-OS
construction is being proposed with this Tentative Parcel Map
application. The act of creating parcels on the subject property for
the purpose of lease, sale or financing will have no material effect on
fish, wildlife or their habitats.
d. The design of the Proposed Subdivision or type of improvements will
not cause serious public health or safety problems.
The Proposed Subdivision or type of improvements are not likely to
cause serious public health orsafety problems because the existing
site is located in an urbanized area. There is no new construction or
building modifications proposed with this Proposed Subdivision. The
Proposed Subdivision is required to comply with all conditions within
the approved resolution, the Building and Safety Division and Public
Works Department, and Los Angeles County Fire Department
requirements. Through the permit and inspection process, the
referenced agencies will ensure that the Proposed Subdivision is not
detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
Future development of the Proposed Subdivision site will be
processed through a Development Review application for
compliance with the City's development standards, California
Building Code, and other applicable regulations.
e. The design of the Proposed 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 subject property has a 2-foot-wide County of Los Angeles
easement for storm drain purposes that runs parallel to Morning
Canyon Road. Storm drain connections to and/or construction
activities encroaching into a County easement require a County
permit.
The Proposed Subdivision will result in the Morning Canyon Road
driveway to be located on a separate parcel from the church campus.
The Proposed Subdivision will not interfere with the church's main
existing access from Diamond Bar Boulevard. Access to Parcel 1
IN be from the Morning Canyon Road driveway. Vehicular and
pedestrian circulation for Parcel 1 will be contingent on the future
development of Parcel 1 and will be analyzed during the
Development Review process.
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PC Resolution No. 2021-08
f. 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.
The Proposed Subdivision will not violate any requirement of the
California Regional Water Quality Control Board. The Proposed
Subdivision will be connecting to the existing public sewer system
which is in compliance with the California Regional Water Quality
Control Board,
The church campus on proposed Parcel.2 shall continue to be served
by the existing water meter and sewer lateral which does not cross
the proposed lot lines. Proposed Parcel 1 will require new utility
services. The type of utility services required for the undeveloped lot
will be contingent on the scope of the new development.
As part of the environmental review process, the City received a serve letter letter from the Walnut Valley Water District. The existing
buildings on -site are currently receiving water for domestic usage.
A will -serve letter was requested from the Los Angeles County
Sanitation District. In an email dated April 9, 2021, their Facilities
Planning Department determined that a will serve letter was not
applicable for this Proposed Subdivision since there is no
development being proposed for the Proposed Subdivision and there
is no increase in wastewater discharge.
g. A preliminary soils report or geologic hazard report does not indicate
adverse soil or geologic conditions.
A preliminary soils or geologic hazards report was not required for
the Proposed Subdivision because the subject properly is a relatively
flat infill parcel surrounded by fully urbanized development. The
location and context of the subject property provides substantial
evidence that no adverse soil or geological conditions exist on the
subject property. Moreover, prior to any future development within
the Proposed Subdivision will require thorough geotechnical
investigations prepared by licensed civil engineers in conformance
with the locally -amended California Building Codes in effect at the
time such development is proposed. Such future development shall
adhere to the findings and recommendations of such investigations.
h. The Proposed Subdivision is consistent with all applicable provisions
of the City's Subdivision Ordinance, the Development Code, and the
Subdivision Map Act.
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PC Resolution No. 2o21-oe
The Proposed Subdivision is consistent with the City's Subdivision
Ordinance, Subdivision Map Act, and applicable Development Code.
The existing buildings on the proposed Parcel 2 were constructed in
1965, twenty-four years prior to the City's incorporation. In addition,
future developments will be processed through a Development
Review application for compliance with the City's development
standards.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby recommends that the City Council approve Tentative Parcel Map
No. 83371 (Planning Case No. PL2021-15) subject to the following conditions and
the attached Standard Conditions of Approval:
A. GENERAL
1. The approval of Tentative Parcel Map No. 83371 (Planning Case
No. PL2021-15) shall expire within three (3) years from the date of
approval if a final map has not been filed pursuant to Diamond Bar
Municipal Code (DBMC) Section 21.20.140. The applicant may
request an extension of the initial expiration date up to a maximum
of three (3) years in accordance with the provisions set forth under
DBMC Section 21.20.150. Extension requests shall be submitted in
writing prior to the expiration of the approval or previous extension,
together with the required filing fee.
2. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works 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, wn twenty-one
(21) days of approval of this Tentative Parcel Map No. 83371; 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.
4. The property owner shall be responsible for maintaining the property
in a condition that will not cause erosion. Erosion control methods
shall be utilized to maintain slope stability, to the satisfaction of the
City Engineer. Slope plant material shall be maintained in a manner
that does not detract from the appearance of the immediate
neighborhood.
5. The development of Proposed Parcel 1 shall be submitted for review
and approval of a Development Review application and shall comply
with the City's Development Code.
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PC Resolution No. 2021-06
6. The Proposed Subdivision site shall be maintained and operated in
full compliance with the conditions of approval and all laws, or other
applicable regulations; and
7. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
B. TENTATIVE PARCEL MAP CONDITIONS
1. Approval of the
Tentative Parcel Map is for
subdivision of
land only.
No land use or
development entitlements are expressed or
implied.
2. The final map shall provide for pa�dels; easements or rights -of -way
for private streets, water supply and distribution systems, sewage
disposal systems, storm drainage facilities, solid waste disposal and
public utilities providing electric, gas, and telecommunications
services to accommodate the future development of Parcel 1.
3. Prior to final map approval, the applicant shall fully comply with
DBMC Chapters 21.30 (Subdivision Design and Improvement
Requirements) and 21.34 (Improvement Plans and Agreements) of
the Subdivision Ordinance.
4. Pursuant to subsection (a)(8) of Government Code Section 66477, if
a building permit is requested for construction of a residential
structure or structures on one or more of the parcels created by the
Proposed Subdivision within four (4) years of Final Parcel Map
recordation, prior to the issuance the building permit, the owner of
each such parcel shall pay a parkland dedication in -lieu fee in an
amount determined in accordance with the formula set forth in
subsections (c) and (d) of DBMC Section 21.32.040. The amount of
the fee shall equal the parkland obligation derived from the formula
set forth in subsection (c) of DBMC Section 21,32.040 times a per -
acre "fair market value" of $2,271,591, or other per -acre "fair market
value' determined by mutual agreement of the city and the applicant
prior to approval of the Final Parcel Map. This requirement shall be
noted on the Final Parcel Map or contained in a separate covenant,
agreement, or similar document in a form acceptable to the City
Attorney and recorded prior to or concurrently with the Final Parcel
Map.
5. Approval of Tentative Parcel Map No. 83371 shall not be interpreted
as repealing, abrogating, or annulling any private easement,
covenant, or dual restriction imposed on the subject property.
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PC Resolution Np. 2021-08
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
William Rawlings, C6irperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 13th day of July, 2021, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners
Barlas, Mok, Wolfe, Chair/Rawlings
None
VC/Garg
None
�--
Greg Gubman, secretary
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PC Resolution No. 2021-08
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELEDSTRUCTURES
PROJECT #: Tentative Parcel Map No. 83371
Planning Case No. PL2021-15
SUBJECT: To create a two -lot subdivision. The subiect property
consists of approximately 3.52 acres. Proposed Parcel 1 will
be 76,728 square feet (1.76 acres) and proposed Parcel 2 will
be 76,729 square feet (1.76 acres).
PROPERTY Southern California Nevada Conference of the United Church
OWNER(S): of Christ
2335 S. Diamond Bar Blvd.
Diamond Bar, CA 91765
APPLICANT: Samir M. Khoury
Coory Engineering
1718 N. Neville St,
Orange, CA 92865
LOCATION: 2335 S Diamond Bar Blvd. Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030 FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 6ti474.9(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
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PC Resolution No. 2021-08
attack, set -aside, void or annul, the approval of Tentative Parcel Map No.
83371 (Planning Case No. PL2021-15) brought within the time period
provided by Government Code Section 66499.37 or any claim, action or
proceeding alleging subdivision of the property is prohibited by contract,
Covenants, Conditions, and Restrictions, or similar instruments. 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 defendants. The City shall promptly notify the applicant
of any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. The subdivider/applicant shall remove the public hearing notice board
within three (3) days of this Proposed Subdivision's approval.
3. Approval of this request shall not waive compliance with all sections of
the Development Code, all applicable City Ordinances, and any
applicable Specific Plan in effect at the time of grading and building
permit issuance.
4. The Proposed Subdivision site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or other
applicable regulations.
B. FEES/DEPOSITS
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 issuance of
grading or building permit, whichever comes first.
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PC Resolution No. 2021-08
APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING
DEPARTMENT AT (909) 839-7040 FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
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, surety shall be posted guaranteeing
completion of monumentation.
3. Any details or notes which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies shall be
specifically approved in other conditions or ordinance requirements are
modified to those shown on the tentative parcel map upon approval by
the Advisory agency.
4. The Applicant shall label and delineate on the final map any private drives
or fire lanes to the satisfaction of the City Engineer.
5. After the final map records, the applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, an electronic copy
of the recorded map.
6. The 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.
7. The Applicant shall provide digitized information in a format defined by
the City for all related plans, at no cost to the City.
8. The site topography shows the natural drainage course draining from the
proposed Parcel 1 to Parcel 2. A note shall be included on the final map
indicating that neither property owner shall modify or block drainage
patterns that would impact the cross -lot drainage without prior approval
from the City of Diamond Bar.
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PC
Resolution
No.
2021-08
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE
DEPARTMENT FIRE PREVENTION DIVISION AT (323) 8904243 FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. FINAL MAP REQUIREMENTS
1. Access as noted on the Tentative and A Maps shall comply with
Title 21 (County of Los Angeles Subdivision Code) and Section 503 of
the Title 32 (County of Los Angeles Fire Code), which requires an all-
weather access surface to be clear to sky.
2. The Final Map shall be submitted for review and .approval prior
recordation.
B. WATER SYSTEMS REQUIREMENTS
1. All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming
to current AWWA standard C503 or approved equal, and shall be
installed in accordance with the 2017 County of Los Angeles Fire Code,
Table B105.1.
2. The required fire flow for the public fire hydrants for this Proposed
Subdivision is 2000 gpm at 20 psi residual pressure for 2 hours. Two
public fire hydrant(s) flowing simultaneously may be used to achieve the
required fire flow. Fire Code 507.3 & Appendix B105.1.
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PC Resolution No. 2021-08
