HomeMy WebLinkAboutRES 89-104RESOLUTION NO. 89- 104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR RATIFYING AND RECONFIRMING THE
DESIGN GUIDELINES APPLICABLE TO THE GATEWAY
CORPORATE CENTER.
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
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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.
(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
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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) 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.
(viii) 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 in 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. The City Council
hereby specifically finds and determines that the Design
Guidelines, dated October, 1986 and amended July, 1988, 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
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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.
4. The City Clerk shall keep and maintain a full,
true and correct copy of the Design Guidelines available for
public use.
5. Business Associates shall provide to the City of
Diamond any proposed amendments, modifications or changes to the
Design Guidelines and/or the Master Declaration.
6. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, ADOPTED AND APPROVED this 17th day of
October , 1989.
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I, LYNDA BURGESS, 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 17th day of October , 1989,
by the following vote:
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner
Mayor Pro Tem Horcher and
NOES: COUNCIL MEMBERS: None Mayor Papen
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
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