HomeMy WebLinkAboutRES 2014-05CITY COUNCIL
RESOLUTION NO. 2814- 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 72351
(PLANNING CASE NO. PL2013-282) TO SUBDIVIDE AIR SPACE FOR A 19-
. UNIT OFFICE CONDOMINIUM LOCATED AT 660 N. DIAMOND BAR BLVD.,
DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NO. 8706-002-025).
A. RECITALS
1. Property owner, DB Office Investment, LLC, filed an application for a Tentative
Tract Map No. 72351 to subdivide air space for a 19 -unit office condominium
located at 660 N. Diamond Bar Blvd., Diamond _Bar, Los Angeles County,
California ("Project Site").
2. The Project Site is currently comprised of one parcel totaling 1.4 gross acres. It
is located in the Professional Office (OP) zone and is consistent with the
Commercial Office land use designation of the General Plan.
3. The legal description of the subject property is Parcel 1 of Tract Map
No. 39434. The Assessor's Parcel Number is 8706-002-025.
4. On December 19, 2013, 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.
5. On January 24, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. Public hearing notices were mailed to property owners within a
500 -foot radius of the project site and public notices were posted at the City's
designated community posting sites on January 16, 2014. In addition to the
published and mailed notices, the project site was posted with a display board.
6. On February 4, 2014, 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.
7. 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:
2014-05
C.
1. This 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 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.
3. The City Council hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, there is
no evidence before this City Council that the Proposed Project 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 Planning
Commission hereby rebuts the presumption of adverse effects contained in
Section 753.5(d) of Title 14 of the California Code of Regulations.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 21.20.080, 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:
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 condominium subdivision of the site with 19
office units, and approximately 0. 79 acres of parking areas, driveway
easements, and landscaping. The General Plan land use designation for the
site is Commercial Office (CO). The proposed project is consistent with the
General Plan land use designation. The project site is not a part of any specific
plan.
2. The site is physically suitable for the type and proposed density of
development:
The proposed condominium subdivision will be consistent with the General Plan
land use designation of Commercial Office, which allows for the development of
19 office units in a 26,663 square -foot building. The building will have an
approximately 20' setback from Diamond Bar Blvd. and is located within an
urbanized area adequately served by existing roadways and infrastructure.
Therefore the property is physically able to accommodate the proposed
development.
3. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or injure fish or wildlife or their habitat:
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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.
4. The design of the subdivision or type of improvements will not cause serious
public health or safety problems:
....... The proposed subdivision.. or .type.. ofimprovements.. are.. not..likely ...to.....cause ... ...
serious public health or safety problems because the existing site is located in
an urbanized area and is consistent with other similar improvements in the
area.
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 access and utility easements within the project site. A
condition is added to the project requiring that the Covenants, Conditions, and
Restrictions (CC&R's) that governs the 19 -unit office condominium building
shall expressly include reference to the existing reciprocal access and
easement agreement to ensure that reciprocal access and easement rights and
privileges are also retained for the newly created condominiums, 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:
The project site 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 an existing building. As part of a
separate Development Review approval, the applicant was approved to add
799 square -foot lobby area to the existing building. No grading is required for
the addition, and only minimal excavation will be required for footings and
foundation placement for the new addition.
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 proposed building
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complies with all required setbacks and development code regulations.
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Section 21.20.080, this City Council hereby finds and approves the Tentative Tract
Map, 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 Planning and
Building & Safety 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/owner of the property involved has filed, within twenty-one (21)
days of approval of this Tentative Tract Map No. 72351, at the City of
Diamond Bar Community Development Department, an affidavit stating
that the applicantlowner is 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 applicant shall comply with Diamond Bar Municipal Code
Section 22.34.050. A permanent landscape maintenance program shall
be implemented ensuring regular irrigation, fertilization, and weed
removal. All landscaping shall be maintained in a healthy, neat and
orderly condition, free of weeds and debris and with operating irrigation
at all times.
B. TENTATIVE TRACT MAP
1. The development shall 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.
2. The approval of Tentative Tract Map No. 72351 expires within three
years from the date of approval if the recordation of the map 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.
3. Prior to final map approval, the Covenants, Conditions, and Restrictions
(CC&R's) that governs the 19 -unit condominium building shall be
submitted for review and approval by the Planning Division, Public
Works/Engineering Department and City Attorney and recorded with the
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Los Angeles County Recorder's Office. The CC&R's shall expressly
include reference to the existing reciprocal access and easement
agreement (Document No. 80-1075013) to ensure that reciprocal access
and easement rights and privileges are also retained for the newly
created condominiums.
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:
Peichin Lee of DB Office Investment, LLC, 17528 E. Rowland Street
#200, City of Industry, CA 91748.
APPROVED AND ADOPTED THIS 4T" DAY OF FEBRUARY 2014, BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR.
BY: W �k4�
Carol Herrera, 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 4t" day of February
2014, by the following vote:
AYES: Council Member: Chang, Tanaka, M/Herrera
NOES: Council Member: None
ABSTAIN: Council Member: Lyons, MPT/Tye
ABSENT: Council Member: None
ATTEST: ti
Tommyd Cribbins, City Clerk
City of Diamond Bar
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COMMUNITY DEVELOPMENT
DEPARTMENT
........... . .. ... ..... .. ... ... .... .... .. .... .. .. ... .. .. .. ... .... .. .... .... . .... .... ... STANDARD CONDITIONS ..................... ......... . ............. . .... . .. . .... .... ... . ......... . .... . ... . ................
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Tentative Tract Map No. 72351 (Planning Case No. PL
2013-282
SUBJECT: A Tentative Tract Map to subdivide air space for a 19 -unit
office condominium
PROPERTY
OWNER/
APPLICANT: Peichin Lee of DB Office Investment, LLC,
17528 E. Rowland Street #200, City of Indust!y, CA 91.748
LOCATION: 660 N. 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:
1. GENERAL REQUIREMENTS
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 Development Review, Tentative Tract Map and Parking
Permit No. PL2013-282 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action -
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(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. 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 Tract Map (Planning Case No. PL 2013-282) 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. 2014 -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. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency proper to issuance of City permits (such as grading,
tree removal, encroachment, building, etc.) or prior to final map approval in
case of a custom lot subdivision, or approved use has commenced, whichever
comes first.
6. Revised plans incorporating all Conditions of Approval shall be submitted for
Planning Division review and approval during plan check.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
8. 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.
9. 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.
10. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
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11. The applicant shall comply with the requirements of Planning and Building and
Safety Divisions, Public Works/Engineering Department, and the Los Angeles
County Fire Department.
12. These conditions of approval shall run with the land and shall be binding upon
all future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed as a
........ ......... ......... ...... ......... ........ ........ ........ ......... ........ ........ ......
condition of this approval, shall constitute a violation of the City's Development
Code. Violations may be enforced in accordance with the provisions of the
Development Code.
13. To ensure compliance with the provisions of the City Council design approval, a
final inspection is required from the Planning Division when work for any phase
of the project has been completed. The applicant shall inform the Planning
Division and schedule an appointment for such an inspection.
14. Failure to comply with any of the conditions set forth herein or as subsequently
amended in writing by the City, may result in failure to obtain a building final
and/or a certificate of occupancy until full compliance is reached. The City's
requirement for full compliance may require minor corrections and/or complete
demolition of a non-compliance improvement, regardless of costs incurred
where the project does not comply with design requirements and approvals that
the applicant agreed to when permits were pulled to construct the project.
B. FEESIDEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department and Mitigation
Monitoring) 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 final map approval.
2. Prior to final map approval, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The approval of Tentative Tract Map No. 72351 shall expire within three (3)
years from the date of approval if the use has not been exercised as defined
pursuant to Diamond Bar Municipal Code Section 21.20.140 and
22.66.050(b)(1). In accordance with Diamond Bar Municipal Code Section
22.60.050(c), the applicant may request, in writing, for a one-year time
extension for City Council consideration. Such a request must be submitted to
the Planning Division prior to the expiration date and be accompanied by the
review fee in accordance with the Fee Schedule in effect at the time of
submittal.
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D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
City Council, on file with the Planning Division, the conditions contained herein,
and the Development Code regulations.
E. 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 DEPARTMENT, (909) 839-7040,
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 Tract 72351 brought within the time period
provided by Government Code Section 66499.37. 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
descendents.
The City shall promptly notify the applicant of any claim, action of proceeding,
and shall cooperate fully in the defense thereof.
B. 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
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granted 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 utilized 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.
3. Trash receptacles are required and shall meet City standards. The final design,
locations, and the number of trash receptacles shall be subject to Planning
Division review and approval prior to the issuance of building permits.
3. If no centralized trash receptacles are provided, all trash pick-ups shall be for
individual units with all receptacles shielded from public view.
4. Central trash enclosures shall be equipped with recycling receptacles.
C. 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. Prior to final map approval, surety shall be posted guaranteeing completion of
monumentation.
4. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map or addressed in the CC&R's, as
approved by the City Engineer.
5. Applicant shall label and delineate on the final map or within the CC&R's any
private drives or fire lanes to the satisfaction of the City Engineer.
6. The CC&R's shall address reciprocal access and parking for all property
owners.
7. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
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final map. Permission shall be obtained from each utility company for any
grading or construction over existing easements.
8. After the final map records, applicant shall submit to the Public
Works/Eng ineering 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.
9. 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.
10. Applicant shall provide digitized information in a format defined by the City for
all related plans, at no cost to the City.
11. All activities/improvements proposed for Tentative Tract 72351 shall be wholly
contained within the boundaries of the map. Should any off-site
activitieslimprovements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer.
12. Addresses for each unit shall be submitted for review and approval by the
Public Works/Engineering Department prior to issuance occupancy.
D. GRADING (Not Required)
E. D RAI NAG E
1. Maintenance plan/program of all on-site facilities shall be incorporated into the
CC&R's.
F. STREETIMPROVEMENT
1. All driveway approaches providing access to the site shall be upgraded to meet
current ADA standards and APWA standards prior to issuance of the Final
Inspection or Certificate of Occupancy. A separate encroachment permit shall
be obtained from the Public Works/Engineering Department.
G. UTILITIES
1. 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 or addressed in the CC&R's.
H. SEWERS
1. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City Building & Safety Division and County
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Sanitation District Standards prior to occupancy.
2. Easements for the existing sewer line which crosses property lines shall be
offered in the CC&R's.
I. TRAFFIC MITIGATIONS
.........
1 Prior to Final Map approval, a line of sight analysis shall be conducted for each
driveway that provides ingress and egress to the site. Any existing and/or
proposed private or public landscape improvements which are found to impede
line of sight for vehicles entering or exiting the site shall be removed or
relocated to the satisfaction of the Director of Public Works.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT,
(323) 890-4243, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. SUBDIVISION
1. Access shall comply with Section 503 of the Fire Code, which requires all
weather access. All weather access may require paving.
2. Fire Department Access shall be extended to within 150 feet distance of any
exterior portion of all structures.
3. Where driveways extend further than 150 feet and are of single access design,
turnarounds suitable for fire protection equipment use shall be provided and
shown on the final map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use. Where topography
dictates, turnarounds shall be provided for driveways that extend over 150 feet
in length.
4. Private driveways shall be indicated on the final map as "Private Driveway and
Firelane" with the widths clearly depicted and shall be maintained in accordance
with the Fire Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
5. Vehicular access must be provided and maintained serviceable throughout
construction to all required fire hydrants. All require fire hydrants shall be
installed, tested and accepted prior to construction.
6. Provide Fire Department or City approved street signs and building access
number prior to occupancy.
7. The final map shall be submitted to our office for review and approval prior
recordation.
B. WATER SYSTEM REQUIREMENTS
1. Provide water mains, fire hydrants and fire flows as required by the County of
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Los Angeles Fire Department, for all land shown on map which shall be
recorded.
2. Additional water system requirements will be required when this land is further
subdivided and/or during the building permit process.
3. Additional Fire Department requirements for the proposed addition in the north
side of the property shall be determined by Fire Prevention Engineering during
the building plan approval stage.
END
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