HomeMy WebLinkAboutRES 2012-02CITY COUNCIL
RESOLUTION NO. 2012-02
A RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 71362 AND PARKING
PERMIT NO. PL2011-260 TO SUBDIVIDE A 4.4 -ACRE EXISTING SHOPPING
CENTER INTO THREE SEPARATE PARCELS AND A PARKING PERMIT TO SHARE
DRIVEWAY ACCESS AND PARKING BETWEEN THE THREE PROPERTIES
LOCATED AT 300-324 S. DIAMOND BAR BLVD., DIAMOND BAR, CA 91765
(ASSESSOR'S PARCEL NOS. 8281-010-057 AND 058).
A. RECITALS
1. Property owner, Black Equities Group, Ltd., and applicant, Joseph C. Truxaw
and Associates, have filed an application for Tentative Parcel Map No. 71362 to
subdivide a 4.4 -acre existing shopping center into three separate parcels and
Parking Permit No. PL 2011-260 to share driveway access and parking
between the existing properties located at 300-324 S. Diamond Bar Blvd.,
Diamond Bar; Los Angeles County, California ("Project Site"). The Project Site
is depicted in Exhibit 1.
2. The Project Site is currently comprised of one parcel totaling 4.4 acres. It is
located in the Community Commercial (C-2)- zone and is consistent with the
General Commercial land use designation of the General Plan.
3. On December 13, 2011, 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. At that time, the Planning
Commission recommended that the City Council approve the Project, subject to
conditions.
4. On January 6, 2012, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valle rV Daily Bulletin
newspapers. Public hearing notices were mailed to property owners within a
700 -foot radius of the Project site and public notices were posted at the City's
designated community posting sites. In addition to the published and mailed
notices, the project site was posted with a display board.
5. On January 17, 2012, 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.
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, 21825
Copley Drive, Diamond Bar, CA 91765.
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B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the
City of Diamond Bar as follows:
2012--02
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 hereby makes the following findings:
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's
Subdivision Ordinance, the City Council makes the following findings:
1. 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 project involves the subdivision of an existing 4.4 -acre shopping
center into three separate parcels.The newly subdivided parcels will share
driveway access and parking. 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 part of any specific
plan.
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
will take place, 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 Will. take place; 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
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construction will 'take place, 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:
The site has existing utility easements within the project site. In addition, a
condition is added to the project requiring a reciprocal parking and access
agreement with the newly created parcels 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 will take place, 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 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
meet all required setbacks and development code regulations.
When 'reviewing parking impacts on shopping centers, the various uses and
peak business hours for those uses are taken into consideration.. _ The existing
shopping center has uses ranging from bank, fast-food restaurant, personal
services, and retail 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 use. in addition, the existing parking supply
is adequate with a surplus of spaces.
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 and approves the
Tentative Parcel Map and Parking Permit, 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, Public Works/Engineering
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. 71362 and Parking
Permit No. PL2011-260, 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
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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. The development shall secure compliance with the requirements of the
Subdivision Ordinance and the General Plan..
2. Prior to final map approval, the Covenants, Conditions, and Restrictions
(CC&R's)/Property Maintenance Agreement thatgoverns' the. three
parcels shall be reviewed and approved by the; City Attorney._
3. The existing property maintenance agreement with the Vons. shopping'
center shall be: 'amended' to reflect the subdivision, of'the three parcels;
and shall be reviewed and approved by the City Attorney .prior .to final.
map approval; etc
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City Council Resolution No. 2012 -XX
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4. The development shall carry out 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.
5. The approval of the Tentative Parcel Map No. 71362 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 21.20.150 for City Council approval.
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/or City Attorney.
7. The existing reciprocal access and parkingagreement with the Vons
shopping center shall be amended to reflect the subdivision of, the three
parcels, . and shall be reviewed and approved by. the Community .
Development Director and/or City Attorney prior to final map approval.
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:
Black Equities Group, Ltd., 433 N. Camden Drive, Suite 1070., Beverly
Hills, CA 902.10 and Joseph C: Truxaw and Associates, Inc., 265 S.
Anita Drive, Suite 111, Orange, CA 92868.
APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY 2012, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR:
BY:
n C ang, Mayor
I, Tommye Cribbins, City Clerk of the City of, Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of the
City. of Diamond Bar, at a regular meeting of the City Council. held on the. 17h day .of
January 2012;. by the following vote:
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2012 02,
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. 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 ParcelMap and; Parking Permit No. PL 201.1-260 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.
3. All designers, architects, engineers, and. contractors associated with this project.
shall obtain a Diamond Bar Business License, and zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of City Council Resolution No. 2011 -XX, Standard Conditions,
and all environmental mitigations shall be.included on the plans (full size). The
sheet(s) are for information only to all partied involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. ' 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:
6. ` 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.
7. Property owner/applicantshall remove the public hearing' notice board within
three (3) days of this project's approval.
8. The applicant shall comply with the. requirements of City Planning, Building and
Safety Divisions, Public Works Department, and the Fire..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 re uired 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 final map approval.
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201.2
The City shall promptly notify the applicant of any claim, action of proceeding,
and shall cooperate fully in the defense thereof;
A. GENERAL
1. A title report/guarantee showing all fee owners, interest holders, and nature of
interest sfiall ' be submitted for final map plan check." An `updated. :title
report/guarantee and subdivision guarantee shall be submitted ten (10)
business days prior to finalmap approval.
2. Prior to final map approval, applicant shall submit to the City Engineer, the detail
cost estimates for bonding purposes of all public improvements.
3. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a' subdivision agreement with the City and shall
post the appropriate security.
4. Prior to final map approval all site public improvement plans shall be approved
by the City Engineer, surety shall be posted, and an agreement. executed
guaranteeing completion of all public improvements:
5. Easements for disposal of drainage water onto or over adjacent parcels .shall be
delineated and shown on the final map, as approved by the City Engineer.
6. Prior to any work performed in the street right-of-way, fees.shall'be.paid and a
construction permit shall . be obtained from the Public, Works Department in
addition to any other permits required.
7. Applicant shall label and delineate on the final map any private drives' or fire
lanes to the satisfaction of the City Engineer:.
8. 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.
9: 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.
10. Prior to occupancy, the applicant shall .provide to the City as built mylars;
stamped by appropriate individuals certifying'the plan for all improvements at no
cost to.the City.
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City Council Resolution No. 2012 -XX
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