HomeMy WebLinkAboutRES 2022-53RESOLUTION NO. 2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 83708 TO
SUBDIVIDE A 2.09-ACRE EXISTING COMMERCIAL PROPERTY INTO TWO
PARCELS, AND PARKING PERMIT NO. PL2022-07 TO SHARE DRIVEWAY
AND PARKING BETWEEN THE TWO PARCELS, CURRENTLY ADDRESSED
AS 2020 S. BREA CANYON ROAD, DIAMOND BAR, CA 91765 (ASSESSOR'S
PARCEL NOS. 8765-01-007).
A. RECITALS
1. The property owner, Nathaniel E. Williams, Metro Properties LLC and applicant,
Sarah Bova of Thienes Engineering, Inc., have filed an application for Tentative
Parcel Map No. 83708, to create a two -lot subdivision. The subject property
consists of approximately 2.09 acres at the northeast corner of Brea Canyon
Road and Pathfinder Road, with the site developed as a commercial center.
Proposed Parcel 1 is 50,747 square feet (1.165 acres) and proposed Parcel 2 is
40,336 square feet (0.926 acres). No new construction is proposed with this
request. The subject property is more specifically described as 2020 S. Brea
Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this
resolution, the subject Tentative Parcel Map and Parking Permit shall be
collectively referred to as the "Proposed Subdivision."
2. The subject property is located in the Community Commercial (C-2) zone with a
General Plan land use designation of General Commercial.
3. The legal description of the subject property is Lot 1 of Parcel Map No. 13071.
The Assessor's Parcel Number is 8765-01-007.
4. On September 2, 2022, notification of the public hearing for the Proposed
Subdivision was published in the San Gabriel Valley Tribune newspaper. On
August 30, 2022, public hearing notices were mailed to property owners within a
500-foot radius of the subject property and posted at the City's designated
community posting sites.
5. On September 13, 2022, 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 September 23, 2022, notification of the public hearing for the Proposed
Subdivision was published in the San Gabriel Valley Tribune newspaper. On
September 20, 2022, public hearing notices were mailed to property owners
within a 500400t radius of the subject property and posted at the City's
designated community posting sites.
7. On October 4, 2022, 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
Resolution No. 2022-53
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; and
2. The City Council 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 City
Council makes the following findings:
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 wildlife
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 Subdivision Code Section 21.20.080 of the City's
Subdivision Ordinance, the City Council make the following findings:
1. The proposed subdivision, together with the provisions for its design and
improvementI is consistent with the general plan and any applicable specific plan:
The proposed project involves the subdivision of an existing 2.09-acre
commercial property into two separate parcels within Plaza Diamond Bar
commercial center. No new construction is proposed, and there will be no
physical changes to the buildings and property. The newly subdivided parcels
will share driveway access and parking between the newly created parcels and
properties located within Plaza Diamond Bar. 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.
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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 is
proposed, 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 is proposed, 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 is proposed, 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:
A condition is added to the project requiring a reciprocal parking and access
agreement with the newly created parcels and properties within Plaza Diamond
Bar commercial center 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 is proposed, 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
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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
comply with all required setbacks and development code regulations.
Parking Permit Findings (DBMC Section 22.30.050I
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:
Plaza Diamond Bar provides 269 off-street parking spaces. A parking study
analyzed the parking demand for all five buildings and uses on -site that provides
parking demand calculations based on parking survey observations and the
Institute of Transportation Engineers (ITE) Parking Generation Rates (4th Edition)
signed by a licensed engineer. Based on the parking survey, the center has a
surplus parking of 191 spaces, and there are adequate surplus parking of 34
spaces during the peak time which is adequate to accommodate the parking
demand of all existing buildings.
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 commercial centers, the various uses and
peak business hours for those uses are taken into consideration. The existing
commercial center has uses ranging from restaurant, personal services, retail,
and professional office uses. The different uses result in a range of peak
business hours and parking demands. Due to this, staff does not foresee any
parking issues resulting from the proposed subdivision of land. In addition, the
existing parking supply is adequate with a surplus of spaces.
D. CONDITIONS OF APPROVAL
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Sections 21.20.080 and 22.30.050, this City Council hereby finds approves the Tentative
Parcel Map No. 83708 and Parking Permit No. PL2022-07, 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, and Public Works/Engineering Department.
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Resolution No. 2022-53
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. 83708 and Parking Permit No.
PL2022-07, 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. Approval of the Tentative Parcel Map is for subdivision of land only. No
land use or development entitlements are expressed or implied.
2. Approval of Tentative Parcel Map No. 83708 shall not be interpreted as
repealing, abrogating, or annulling any private easement, covenant, or
dual restriction imposed on the subject property.
3. Prior to final map approval, the applicant shall fully comply with 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.
4. The approval of the Tentative Parcel Map No. 83708 expires within three
years from 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 215206150 for City Council approval.
5. Prior to final map approval, the Covenants, Conditions, and Restrictions
(CC&R's)/Property Maintenance Agreement that governs the two parcels
shall be reviewed and approved by the City Attorney.
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 City Attorney.
7. The existing reciprocal access and parking agreement with the
commercial properties to the north shall be amended to reflect the
subdivision of the two parcels, and shall be reviewed and approved by the
Community Development Director and City Attorney prior to final map
approval.
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8. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to Nathaniel E.
Williams, Metro Properties LLC, 15243 La Cruz Drive #661, Pacific
Palisades, CA 90272.
PASSED, APPROVED AND ADOPTED this 4t" day of October, 2022.
CITY OF DIAMOND BAR
uth M. Low, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the
City of Diamond Bar held on the 4t" day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Liu, Lyons, Tye, MPT/Chou, M/Low
None
None
None
0
Kristina Santana, City Clerk
TPM NO. 83708
Resolution No. 2022-53
COMMUNITY DEVELOPMENT
DEPARTMENT
COMMERCIAL SUBDIVISION
PROJECT #: Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07
SUBJECT: To create atwo-lot subdivision. The subject property consists of
approximately 2.09 acres. Proposed Parcel 1 will be 50,747 square
feet (1,165 acres) and Proposed Parcel 2 will be 40,336 square feet
(0.926 acres).
PROPERTY Nathaniel E. Williams, Metro Properties LLC, 15243 La Cruz
OWNER(S). Drive #661, Pacific Palisades, CA 90272
APPLICANT: Sarah Bova, Thienes Engineering, Inc.
14349 Firestone Blvd.
La Mirada, CA 90638
LOCATION: 2020 S. Brea Cannon Road, 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
defendI 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. 83708 No. PL2022-07 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
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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.
5. 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 2022-07 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.
6. 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.
7. 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.
8. The applicant shall comply with the requirements of City Planning, Building and
Safety Divisions, and Public Works Department.
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.
2. Prior to final map approval, all deposit accounts for the processing of this
project shall have no deficits.
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Resolution No. 2022-53
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 Sections 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.
D. SOLID WASTE
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/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, written certification that all utility services and any
other service related to the site shall be available to serve the proposed project
and shall be submitted to the City. Such letters shall be issued by the district,
utility and cable television company, within ninety (90) days prior to final map
approval.
3. Applicant shall label and delineate on the final map any private drives or fire lanes
to the satisfaction of the City Engineer.
4. 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.
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5. 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.
6. Applicant shall submit payment for the review of the Final Map. Charges shall be
on an hourly basis and shall include any City administrative costs.
7. 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 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.
END
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