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HomeMy WebLinkAboutRES 2021-39RESOLUTION NO. 2021-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING 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). A. RECITALS 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 Parce12 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 829MUZ9 004. 4. On July 2, 2021, notification of the Planning Commission 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 1,000400t 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. On August 6, 2021, notification of the City Council public hearing for the Proposed Subdivision was published in the San Gabriel Valley Tribune newspaper. On August 4, 2021 public hearing notices were mailed to property owners within a 1,000400t radius of the subject property and posted at the City 's designated community posting sites. Resolution No. 2021-39 7. On August 17, 2021, 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. 8. 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 City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council 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. 3. The City Council approves the Proposed Subdivision, finding it consistent with the City's Subdivision Ordinance and the Subdivision Map Act as further detailed below. 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 City Council hereby finds and recommends as follows: 1. The City Council 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 City Council 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 City Council 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 of the City's Subdivision Ordinance, Subdivision Code Section 21.20.080 2 Resolution No. 2021-39 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 53,457 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 2 will be 76, 729 square feet (1.76 acres). The Proposed 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 plan. 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. �3 Resolution No. 2021-39 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 Lite 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 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 or safety 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 Resolution No. 2021-39 existing access from Diamond Bar Boulevard. Access to Parcel 1 will be from the Morning Canyon Road driveway. In addition, a condition is added to the Proposed Subdivison requiring the recordation of a reciprocal access easement between the proposed parcels. The easement shall remain in effect unless and until the property owner(s) propose to quitclaim the reciprocal access easement in conjunction with the issuance of building permits on proposed Parcel 1, and the City approves the quitclaim request. 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. 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 awill- serve 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 property 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 5 Resolution No. 2021-39 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. 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 City Council approves 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, within 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. Resolution No. 2021-39 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. 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. 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 parcels, 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 F Resolution No. 2021-39 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. 6. Prior to final map approval, a reciprocal access easement between the parcels shall be reviewed and approved by the Community Development Director and/or City Attorney and recorded. The reciprocal access easement shall remain in effect unless and until the property owner(s) propose to quitclaim the reciprocal access easement in conjunction with the issuance of building permits on Parcel 1, and the City approves the quitclaim proposal. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Southern California Nevada Conference of the United Church of Christ, 2335 S. Diamond Bar Blvd., Diamond Bar, CA 91765, and Coory Engineering, 1718 N. Neville St., Orange, CA 92865. PASSED, APPROVED and ADOPTED this 17th day of August, 2021. THE CITY OF DIAMOND BAR [Attestation continued on the following page] Foe Resolution No. 2021-39 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, 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 17t" day of August, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAINED COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS Chou, Liu, Tye, MPT/Low, M/Lyons None None None / 000� Kris ina Santana, City Clerk 0 Resolution No. 2021-39 COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Parcel Map No. 83371 Planning Case No. PL2021-15 SUBJECT: To create atwo-lot subdivision. The subject property consists of approximately 3.52 acres. Proposed Parcel 1 will be 76,728 square feet 0.76 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 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 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 Resolution No. 2021-39 alleging subdivision of the property is prohibited by Conditions, and Restrictions, or similar instruments. and/or its officers, agents and employees are made action: contract, Covenants, In the event the city a party of any such (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. K 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. 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. 11 Resolution No. 2021-39 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, APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT FIRE PREVENTION DIVISION AT (323) 890-4243 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. FINAL MAP REQUIREMENTS 1. Access as noted on the Tentative and the Exhibit 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 63)x 4"x 2-1/2" brass or to current AWWA standard C503 or approved equal, a in accordance with the 2017 County of Los Angeles B105.1. bronze, conforming nd shall be installed Fire Code, Table 12 Resolution No. 2021-39 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. END 13