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Home My WebLink AboutRES 2011-42RESOLUTION NO. 2011- 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RATIFYING AND RECONFIRMING THE DESIGN GUIDELINES APPLICABLE TO THE GATEWAY CORPORATE CENTER AND AMENDING A PORTION OF RESOLUTION NO. 89-104 TO ALLOW ON STREET PARKING OF VEHICLES ALONG PORTIONS OF BRIDGE GATE DRIVE AND VALLEY VISTA DRIVE A. Recitals. (i) On December 16, 1981, ARCIERO & SONS, INC., a California Corporation ("Arciero" hereinafter) and the DIAMOND BAR DEVELOPMENT CORPORATION, a California Corporation ("Development Corporation" hereinafter) entered into that certain Agreement of Protective Covenants, Conditions and Restrictions ("Agreement" hereinafter) pertaining to that certain real property in the City of Diamond Bar commonly referred to as the Gateway Corporate Center - Diamond Bar ("Gateway" hereinafter) and legally described as Lots 1 through 24, inclusive, of Tract Map No. 39679, as recorded in Book 1083, pages 14 through 21, inclusive, of Tract Maps in the Office of the County Recorder of Los Angeles County. (ii) On June 21, 1985, Development Corporation and Arciero executed that certain First Amendment to the agreement, thereby modifying the provisions of the agreement pertaining to an architectural committee. (iii) On or about June 28, 1985, the Los Angeles County Board of Supervisors adopted and approved a Unilateral Contract Imposing Land Use Restrictions pertaining to the Gateway property and caused to be recorded said Unilateral Contract and Development Standards and Landscape Criteria appended thereto concerning Gateway in furtherance of Los Angeles County Zoning Ordinance No. 85-00992 adopted June 6, 1985. 3 2011-42 (iv) On April 9, 1987, TRANSAMERICA DEVELOPMENT COMPANY, successor in interest to Development Corporation ("Transamerica" hereinafter) and DIAMOND BAR BUSINESS ASSOCIATES successor to Arciero ("Business Associates" hereinafter) executed a Second Amendment to the Agreement thereby amending certain parking standards contained in the Agreement. Transamerica and Business Associates, on May 16, 1988, amended the Agreement pertaining to certain specified permitted uses within Gateway. (v) On April 13, 1987, Business Associates recorded a Master Declaration of Covenants, Conditions and Restrictions ("Master Declaration" hereinafter) pertaining to Gateway, thereby supplementing and amending the Agreement. Said Master Declaration specifically adopted and approved, in Section 5.3(a) thereof, certain architectural design criteria and specifications for Gateway described as "Gateway Corporate Center - Diamond Bar Design Guidelines" prepared by Hill Pinkert Architects, Inc., and dated October, 1986 ("Design Guidelines" hereinafter). Said Master Declaration was approved and recorded in accordance with the procedures and requirements of the Agreement. Recordation of the Master Declaration thereby substituted the Design Guidelines referred to therein for the Development Standards and Landscape Criteria identified in paragraph A (iii), above. (vi) Pursuant to Section 5.3 of the Master Declarations, the Design Guidelines were amended in July, 1988. (vii) On October 17, 1989, the City Council adopted Resolution No. 89- 104 which ratified and reaffirmed the Design Guidelines for Gateway Corporate Center, Diamond Bar, dated October, 1986, and amended July, 1988. The City Council determined that the Design Guidelines, dated October, 1986 and amended July, 1988, were to become the Design Guidelines for the Gateway Corporate Center and were duly and validly approved pursuant to the provisions of the Master Declaration of Covenants, Conditions and Restrictions and the Agreement. 4 2011-42 (viii) On June 24, 2011, the Board of Directors of the Gateway Corporate Center Association amended the Design Guidelines for Gateway Corporate Center, dated October 1986, and amended July 1988 to allow for street parking on portions of Valley Vista Drive and Bridgegate Drive on the sides adjacent to the sidewalk during business hours from 7:00 a.m. to 10:00 p.m. (See Exhibit A — Valley Vista Drive/Bridgegate Drive On -Street Parking Exhibit) (ix) It is the purpose of this Resolution to reconfirm and ratify the Design Guidelines, as heretofore amended, in order to insure that the same are utilized and implemented with respect to property developed in Gateway. (x) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects is set forth in the Recitals, Part A, of this Resolution. 2 . The City Council hereby ratifies and reaffirms the Design Guidelines for Gateway Corporate Center, Diamond Bar, dated October 1986, and amended July 1988 and subsequently amended June 24, 2011 to allow for street parking on portions of Valley Vista Drive and Bridgegate Drive on the sides adjacent to the sidewalk during business hours from 7:00 a.m. to 10:00 p.m. The City Council hereby specifically finds and determines that the Design Guidelines, dated October 1986 and amended July 1988 and subsequently amended June 24, 2011, are the Design Guidelines for the Gateway Corporate Center and were duly and validly approved pursuant to the provisions of the Master Declaration of Covenants, Conditions and Restrictions and the Agreement. 3. The City Council hereby specifically finds and determines that the Design Guidelines, including, but not limited to, parking requirements and design criteria contained therein shall be, and the same hereby are declared to be, applicable to all projects in Gateway and City staff, consultants and developers of projects within Gateway hereby are directed to implement the same. 5 2011-42 4 . The allowance of street parking on portions of Valley Vista Drive and Bridgegate Drive, as provided herein, shall not apply until the City places appropriate signs giving notice. Street parking on Valley Vista Drive and Bridgegate Drive shall be prohibited on Thursdays between 7:30 AM and 1:00 PM to provide for street sweeping operations. The City Council hereby authorizes and directs the City Engineer to cause appropriate signage to be posted in a manner that provides adequate notice to persons parking on the affected streets (See Exhibit A — Valley Vista/Bridgegate Drive On -Street Parking Exhibit). 5. This resolution shall be considered to be incorporated as a part of Resolution 89-104 for purposes of the definition of the term "Gateway Corporate Center" contained in Municipal Code Section 22.80.020. 6. The City Clerk shall keep and maintain a full, true and correct copy of the Design Guidelines available for public use. 7. Business Associates shall provide to the City of Diamond Bar any proposed amendments, modifications or changes to the Design Guidelines and/or the Master Declaration. 13. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this hday of October, 2011. Stev4 Tye, Mayor G 2011-42 I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of October, 2011 by the following vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None } CITY CLERK OF THE CITY OF DIAMOND BAR ' 7 2011-42