HomeMy WebLinkAboutPC 2015-09A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,..
CALIFORNIA, RECOMMENDING THATCITY COUNCILAPPROVE
TRACT MAP NO. 73201 (PLANNING CASE NO, PL2014-619) TO SUBi)iv.jb'E AIR
SPACE FOR A 10 -UNIT INDUSTRIAL WAREHOUSE . CONDOMINIUM LOCATED. AT
614-646 BREA CANYON RD., DIAMOND BAR, CA 91789 (ASSESSOR'S PARCEL
NO, 8719-010-019).
A. RECITALS
1. Property owner, Peichin Lee, filed an application for Tentative Tract Map
No. 73201 to subdivide air space for a 10 -unit office condominium located at
614-646 Brea Canyon Rd., Diamond- Bar, Los Angeles County, California
("Project Site").
2. The Project Site is currently comprised of one parcel totaling 1.7 gross acres. It
is located in the Light Industry (1) zone and is consistent with the Light Industrial
land use designation of the General Plan.
3. The legal description of the subject property is Parcel 2 of Parcel Map No. 16640.
The Assessor's Parcel Number is 8719-010-019.
4. On May 1, 2015, notification of the public hearing for this project was published
in the San Gabriel ValleV 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 April 30, 2015. In addition to the
published and mailed notices, the project site was posted with a display board.
5. On May 12, 2015, 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. 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.
E. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission 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(a) (Interior Alterations to
an Existing Structure) and 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 Planning Commission 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 Planning Commission 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 Panning
Commission hereby rebuts the presumption of adverse effects contained in
Section 753.5(d) of Title 14 of the California Code of Regulations.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 21.20.080, this Planning Commission
hereby finds and recommends as follows:
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's
Subdivision Ordinance, the Planning Commission 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
10 warehouse/storage units, and approximately 1.2 acres of common areas
which include parking, driveway easements, and landscaped areas. The General
Plan land use designation for the site is Light industrial (I). 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 Light industrial, which allows for the development of
10 warehouse/storage units in a 20,577 square -foot building. The property is
already improved with the existing building and is located within an urbanized
area adequately served by existing roadways and infrastructure. No new
construction will take place except for interior tenant improvements. 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:
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 fake place, and there
will be no physical changes to the building and property.
2
Planning Commission Resolution No. 2015-09
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 property is already improved with the existing building and
is located within an urbanized area, consistent with other similar improvements
in the area. No new construction will take place except for interior tenant
improvements.
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 driveway access and parking. easements within the project
site. A.condition is added to the project requiring that the Covenants, Conditions,
and Restrictions (CC&Rs) that governs the 10 -unit warehouse condominium
building shall expressly include reference to the existing reciprocal access and
parking 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 the 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. No new construction
or grading will take place, -and there will be no exterior 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 building
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 Planning Commission hereby finds and recommends that the
City Council approve the Tentative Tract Map, subject to the following conditions, and
the attached Standard Conditions of Approval:
3
Planning commission Resolution No. 2415-09
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
and Safety Divisions, Public Works/Engineering Department, and the Los
Angeles County Fire Department attached hereto and referenced herein.
3. This approval shall not be effective for any purpose until the
applicant/owner of the property involved has fled, within twenty-one
(21) days of approval of this Tentative Tract Map No. 73201 (Planning
Case No. Pl_2014-619), at the City of Diamond Bar Community
Development Department, an affidavit stating that the applicant/owner 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 m8intenance 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. 73201 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 10 -unit warehouse condominium building shall
be submitted for review and approval by the Planning Division, Public
Works/Engineering Department and City Attorney and recorded with the
Los Angeles County Recorder's Office. The CCRs shall expressly include
reference to the existing reciprocal access and parking agreement to
ensure that reciprocal access and easement rights and privileges are also
retained for the newly created condominiums.
4
Planning Commission Resolution No. 2015-D9
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit 6 certified copy of this Resolution to the City Council of
the City of Diamond Bar.
APPROVED AND ADOPTED THIS 12TH DAY OF MAY 2015, BY THE= PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Ruth Low, Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the City
of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of May
2015, by the following vote:
AYES: Commissioners: Farago, Mahlke, Nishimura, VC/Pirritano, C/Low
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST-.—
Greg
TTEST:Greg Gubman, Secretary
5
TRACT MAP NO. 73201
COMMUNITY DEVELOPMENT
,,.DEPARTMENT
STANDARD CONDITIONS
COMMERCIAL OFFICE CONDOMINIUM CONVERSION
PROJECT #: Tract Map No. 73201 Planning Case No. PL 2014-619
SUBJECT: A Tentative Tract Map to subdivide airs ace for a 10 -unit
warehouse condominium
PROPERTY Peichin Lee, 17528 E. Rowland Street #200, City of Industry,
OWNER: CA 91748
APPLICANT: Preston Chan 17528 E. Rowland Street #200 City of
Industry, CA 91748
LOCATION: 614-646 Brea Canyon Rd. Diamond Bar CA 91789
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
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 Tentative Tract Map No. 73201 (Planning Case
No. PL2014-619) 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
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
6
Planning Commission Resolution No. 2015-09
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 No. 73201 (Planning Case No. PL 2014-619) 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. Prior to any use of the project site or business activity being commenced thereon,
all conditions -of approval shall be completed.
4. 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.
5. 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.
6. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
7. The applicant shall comply with the requirements of Planning and Building and
Safety Divisions, Public Works/Engineering Department, and the Los Angeies
County Fire Department.
8. 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 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.
9. 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 untilfull 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
1. Prior to final map approval, all deposit accounts for the processing of this project
shall have no deficits.
7
Planning Commission Resolution No. 2015-09
C. TIME LIMITS
1. The approval of Tentative Tract Map No. 73.201 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.
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.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. A title repo rtlguarantee 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 thirty (30) 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 existing 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 final map.
8
Planning Commission Resolution No. 2015-09
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/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.
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 activitieslimprove ments proposed for Tentative Tract Map No. 73201 shall be
wholly contained within the boundaries of the map. Should any off-site
activities/improvements be required, approval shall be obtained from the affected
property owner and the City as required by the City Engineer.
12. Prior to issuance of occupancy, addresses for each unit shall be submitted for
review and approval by the Public Works/Engineering Department.
-01 1124 /-[t] t
1. Maintenance plan/program of all on-site facilities shall be incorporated into the
CC&R's.
C. 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.
D. SEWERS
Easements for the sewer lines which cross property lines shall be offered in the
CC&R's.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The additional new demising wall shall obtain building permits and inspections
from the Building and Safety Division prior to leasing out any spaces.
2. Upgrades for ADA accessibility shall be required for future tenant improvements
within each space as required per CBC 11 B-202.
9
Planning Commission Resolution No. 2015-09
3. The new accessible parking stall shall slope 2% maximum, not block existing
drainage, and not create a slope of more than 5% in any area of the parking lot.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT,
(323) 890-4243, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. ACCESS
1. Fire Department apparatus access shall be extended to within 150 feet of all
portions of the exterior walls of any future buildings or structures. Verification for
compliance will be performed during the building plan check review prior to
building permit issuance.
2. 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 all weather access.
3. All onsite driveways shall provide a minimum unobstructed width of 26 feet,
exclusive of shoulders, except for approved security gates in accordance with
Section 503.6, and an unobstructed vertical clearance "clear to sky" Fire
Department vehicular access to within 150 feet of all portions of the exterior walls
of the first story of the building, as measured by an approved route around the
exterior of the building. Fire Code 503.1.1 & 503.2.2
4. Dead-end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved Fire Department turnaround. Fire Code 503.2.5
Include: The dimensions of the turnaround, with the orientation of the turnaround
shall be properly placed in the direction of travel of the access roadway.
5. Fire Apparatus Access Roads shall be designed and maintained to support the
imposed load of fire apparatus weighing 25 tons (Engine) 1 37 1/2 tons (Truck/
Quint) and shall be surfaced so as to provide all-weather driving capabilities. Fire
apparatus access roads having a grade of 10 percent or greater shall have a
paved or concrete surface. Fire Code 503.2.3
6. The Final Map shall be submitted to our office for review and approval prior
recordation.
7. Multiple commercial buildings having entrances to individual units not visible from
the street or road shall have unit numbers displayed in groups for all units within
each structure. Such numbers may be grouped on the wall of the structure or
mounted on a post independent of the structure and shall be positioned to be
plainly visible from the street or road as required by Fire Code 505.3 and in
accordance with Fire Code 505.1.
8. Fire lanes shall be designated with pavement markings and signage to enable
enforcement, by the Los Angeles County Fire Department (LACFD) and Los
Angeles County Sheriff's Department (LASD). The striping and signage plans
shall be subject to LACFD and LASD review and approvals.
10
Planning Commission Resolution No. 2015-09
T
All hydrants shall measure 6"x 4"x 2-112" brass or bronze, conforming to current
AWWA standard C503 or approved equal.
2. Additional water systems may be required by Fire Prevention Engineering Unit if
any new construction is proposed or any changes with the existing configuration.
3. All on-site fire hydrants shall be installed a minimum of 25' feet from a structure
or protected by a two (2) hour rated firewall. Fire Code Appendix C106
4. All private on-site fire hydrants shall be installed, tested and approved prior to
building occupancy. Fire Code 901.5.1
5. Plans showing underground piping for private on-site fire hydrants shall be
submitted to the Sprinkler Plan Check Unit for review and approval prior to
installation. Fire Code 901.2 & County of Los Angeles Fire Department
Regulation 7
6. All required public fire hydrants shall be installed, tested and accepted prior to
beginning construction. Fire Code 501.4
7. Spacing of fire hydrants shall not exceed the distances specified in Fire
Code 0105.2 & C106. Show all existing public and private on-site fire hydrants
on the site plan. Include the location of all public fire hydrants within 300 feet of
the lot frontage on both sides of the street. Specify size of fire hydrant(s) and
dimension(s) to property lines. Additional fire hydrant requirements may be
necessary after this information is provided.
8. Parking shall be restricted 30 feet adjacent to any required public fire hydrant,
15 feet on each side measured from the center of the fire hydrant. Adequate
signage andlor stripping shall be required prior to occupancy.
END
11
Planning Commission Resolution No. 2015-09