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Home My WebLink About04/23/2002PLANNINr COMMISSI1 ""`°" AGENDA April 23, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Joe Ruzieka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Dan Nolan Commissioner Jack Tanaka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eatino or drinking in the Auditorium The Citv of Diamond Bar uses rervr1pri naner and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 23, 2002 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2002-10 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of Regular Meeting: April 9, 2002. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1. Development Review No. 2000-12(1), Conditional Use Permit No. 2000-070), and Variance No. 2000-060) (pursuant to Code Section 22.66.060) is a request to modify a project feature specifically addressed by the Planning Commission. The Planning Commission approved the project on October 10, 2000. The approval caused the construction of a 129,000 square foot three-story office building with a parking garage and child day care facility with play yard. In accordance with the approval, the play yard fencing is required to be wrought iron. The applicant is requesting to use chain- link fencing. Hence, the request for a modification to the original approval. April 23, 2002 10. 11 Page 2 PLANNING COMMISSION Project Address: 1440 Bridge Gate Drive (Lot 16 of Tract No. 39679) Diamond Bar, CA 91765. Property Owner/ Bridge Gate Partners, LP Applicant: 5670 Wilshire Boulevard, Suite 1240 Los Angeles, CA 90036 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162(a) of Article 11 of the California Code of Regulations and guideline promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 2000-05 for the project. Therefore, further environmental review is not required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2000-12(1). Conditional Use Permit No. 2000-07(1), Variance No. 2000-06(1) upholding the installation of chain link fencing, Findings of Fact, and conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION Thursday, April 25, 2002 — 7:00 p.m. COMMISSION MEETING: AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive SKATE-A-BRATION: Sunday, April 28, 2002 - 11:00 a.m. to 3:00 p.m. Peterson Park, Sylvan Glen Rd. FRIENDS OF THE Sunday, April 28, 2002 DIAMOND BAR LIBRARY 4:00 - 7:00 p.m. WINE SOIREE: Shilo Hilltop Suites 3101 Temple Avenue, Pomona CITY COUNCIL MEETING: Tuesday, May 7, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive April 23, 20Cl2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING: ADMINISTRATIVE REVIEW PLANNING COMMISSION MEETING: YOUTH BASEBALL CLINIC SPONSORED BY THE KIWANIS CLUB AND THE CITY OF DIAMOND BAR: Page 3 PLANNING COMMISSION PUBLIC SAFETY COMMITTEE: 12. ADJOURNMENT: Thursday, May 9, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, May 14, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Tuesday, May 14, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Sunday, May 5, 2002 - Heritage Park 2900 S. Brea Canyon Road Monday, May 6, 2002 - 7:00 p.m. Walnut/Diamond Bar Sheriff Station 21695 E. Valley Blvd., Walnut MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 9, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson, Dan Nolan, and Jack Tanaka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, David Meyer, LDM Associates, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE ALFDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 26, 2002. C/Tanaka moved, C/Nolan seconded, to approve the Minutes of the Regular Meeting of March 26, 2002, as presented. Without objection, the motion was so ordered. 5. OLD BUSINESS: ]None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Review No. 2001-28, Minor Variance No. 2002-01, Tree Permit No. 2002-02 andNo. 2002-02 and Negative Declaration of Environmental Impact Declaration of Environmental Impact (pursuant to Code Sections 22.48, 22.52 and 22.38). The applicant has requested approval of plans to construct a three (3) story single family residence of approximately 7,740 square feet with two attached two -car garages totaling 977 square feet on an APRIL 9, 2002 PAGE 2 PLANNING COMMISSION approximate 57,934.8 (1.33 acres) square foot R-1 (40,000) zoned lot. Additionally, the application requests approval of a Minor Variance to deviate from the minimum required front yard setback distance, and a Tree Permit for the removal and replacement of a protected tree species. (Continued from March 12, 2002) PROJECT ADDRESS: 22509 Ridgeline Road (APN 8713-006-019) Diamond Bar, CA 91765 PROPERTY OWNER: Jay Arora 1149 Grubstake Drive Diamond Bar, CA 91765 APPLICANT: S & W Development 20272 Canvey Road Walnut, CA 91789 PC/Meyer presented staff's report. Staff recommends Planning Commission approval of Mitigated Negative Declaration of Environmental Impact, adoption of the Resolution approving Development Review No. 2001-18, Minor Variance No. 2002-01 and Tree Permit No. 2002-02 allowing for the construction of a three (3) story single family residence in the R-1(40,000) zone with less than the minimum required front yard setback distance, and approval of the removal of seven (7) mature native oak trees subject to the execution, and/or fulfillment of the conditions specified in the Resolution. Simon Shum, Architect, explained the project to the Commissioners and presented a model of the proposed project. He believed that tree replacement in-kind was a good idea and would give the young trees an opportunity to establish root stability. Chair/Ruzicka opened the public hearing. C/Nelson was concerned that slow -grown oak trees would not properly mask the wall. He suggested placing the native trees closer to the location of the existing oaks and walnut at the lower portion of the hillside, and planting faster growing ornamentals that have color and texture closely related to natural vegetation to shield the wall more quickly. Based on color and texture, the ornamentals would offer continuity in the natural look of the hillside. As a result of C/Nelson's recommendation, PC/Meyer offered the following modification to Condition (f), Page 5: "Include the use of ornamental trees to screen APRIL 9, 2002 ]PAGE 3 PLANNING COMMISSION the wall and that the oak grove be moved as far away from the development as possible to provide continuity in the landscape." PC/Meyer said that most of the professional landscape architects have a good history for hillside development. Staff understands and concurs with C/Nelson's recommendation. In accordance with VC/Tye's recommendation, PC/Meyer suggested that the landscape plan include twenty-one (21) 36" box oak trees. C/Nelson moved, C04olan seconded, to 1) approve the Mitigated Negative Declaration of Environmental Impact and 2) adopt the Resolution approving Development Review ].,,To. 2001-18, Minor Variance No. 2002-01 and Tree Permit No. 2002-02 allowing for construction of a three (3) story single family residence in the R-1 (40,000) zone: with less than the minimum required front yard setback distance; and approve removal of seven (7) mature native oak trees subject to the execution and/or fulfillment of the conditions specified in the Resolution subject to the following amendments: Insert "the wall will be camouflaged with appropriate foliage, and replace "minimum with coast live oak in Condition 7 (f) on page 5. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PUBLIC HEARING(S): 8.1 Conditional Use Permit No. 2002-02 (Development Review No. 2002-06 and Variance No. 2002-01. (pursuant to Code Sections 22.58, 22.48 and 22.54) is a Conditional Use Permit and Development Review request to construct an automated car wash with retail sales boutique, lube center, detail center with office, auto service center, gasoline station, platforms to display vehicles for sale. The Variance request is to construct a retaining wall with a maximum height of 18 feet. PROJECT ADDRESS 515 S. Grand Avenue (Parcels 3 & 4 of Parcel Map No. 15625) Diamond Bar, CA 91765 PROPERTY OWNER/ Mathew Tachdjian APPLICANT: Col -Am Properties LLC P.O. Box 4655 L APRIL 9, 2002 PAGE 4 PLANNING COMMISSION Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2002-02, Development Review No. 2002-06 and Variance No. 2002-01, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Ruzicka opened the public hearing. There being no testimony offered, Chair/Ruzicka closed the public hearing. C/Nolan moved, C/Tanaka seconded, to approve Conditional Use Permit No. 2002-02, Development Review No. 2002-06 and Variance No. 2002-01, Findings of Fact, and conditions of approval as listed within the resolution. VC/Tye asked if staff has any indication when this project might begin to be developed. Mr. Tachdjian said he hopes to have the project underway in June or July. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tanaka, Nelson, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.2 Development Review No. 2002-01 and Tree Permit No 2002-01 (pursuant to Code Sections 22.48.020.A. and 22.38.010-160), is a request to demolish an existing two- story single family residence of approximately 4,117 square feet with a three -car garage and construct a two-story single family residence of approximately 13,349 square feet with a basement, five -car garage, balconies and patios. Additionally, the request includes a swimming pool/spa, tennis court and retaining walls with a maximum exposed height of six feet within the rear, side and front yards. The Tree Permit is for the preservation, protection and removal of trees specified in the Development Code. PROJECT ADDRESS: 2294 Indian Creek Road (Lot 80 of Tract No. 23483) Diamond Bar, CA 91765 9 APRIL 9, 2002 :PAGE 5 PROPERTY OWNER APPLICANT: PLANNING COMMISSION Melchor and Bonafe Parayno 1221 W. Sierra Madre Avenue Glendora, CA 91741 Sanyao International, Inc. 255 Santa Clara Street #200 Arcadia, CA 91006 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-01 and Tree Permit No. 2002-01, Findings of Fact, and conditions of approval as listed within the resolution. Robert Tong, Sanyao International, Inc., said he read staff's report and accepts all of the conditionals of approval. Before final inspection, his firm will provide a landscaping plan that insures the trees will remain. Chair/Ruzicka opened the public hearing. There being no public testimony offered, Chair/Ruzicka closed the public hearing. w VC/Tye moved, C/Nolan seconded, to approve Development Review No. 2002-01 and Tree Permit No. 2002-01, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Tye, Nolan, Nelson, Tanaka, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS: None Offered. 9. INIFORMATIONAL ITEMS: DCM/De5tefano referred the Commissioners to informational pamphlets and Conflict of Interest Laws booklets provided in Commissioners' packets. In addition, staff provided two excellent books on the roll of individuals in Planning Commissioner positions. Responding to VC/Tye's concern regarding the cell site at the Country Suites Hotel, AssocP/.Lungu reported that Cingular will remove the temporary antenna tomorrow. APRIL 9, 2002 PAGE 6 PLANNING COMMISSION DCM/DeStefano explained that the City Council has not yet decided to move forward with a redevelopment project area. Council merely asked staff to research what the cost would be to hire consultants to conduct a blight assessment study and financial feasibility report. VC/Tye said it is shameful that the project area has been reduced to such a small area and that the original redevelopment project area was lost as a result of misguided efforts of individuals who caused great and lasting damage to this community. 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 8:03 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Joe Ruzicka AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNER/ APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 7.1 April 8, 2002 April 23, 2002 Development Review No. 2000-12(1) and Conditional Use Permit No. 2000- 07(1) To change the wrought iron fencing, a project feature specifically addressed by the Planning Commission, to chain link fencing for a child day care facility play yard. 1440 Bridge Gate Drive (Lot 16, Tract No. 39679) Diamond Bar, CA 91765 Bridge Gate Partners, LP 5670 Wilshire Boulevard, #1240, Los Angeles, CA 90036 The property owner/applicant, Bridge Gate Partners, LP (pursuant to Code Section 22.66.060) is requesting approval to change a feature specifically addressed in Exhibit "A" of a Planning Commission approved project for Development Review No. 2000-12(1) and Conditional Use Permit No. 2000-07(1). The property owner/applicant is requesting to change the approved wrought iron fencing to chain link fencing for the on-site child day care facility play yard. The project site is within Gateway Corporate Center a 233 -acre mixed development of mainly office -professional and light manufacturing. The project site is approximately 4.63 gross acres. It has a General Plan land use designation of Professional Office (OP) which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The zoning designation for the project site is Commercial 1 Manufacturing -Billboard Exclusion- Unilateral Contract (C-M-BE-U/C). This zoning designation permits general office uses by right and child day care facilities with a Conditional Use Permit approval. Generally, the following zones and uses surround the project site: to the north and east is the C-M-BE-U/C Zone; to the west is the Orange (SR 57) Freeway; and south is the R-1-8, 000. On October 10, 2000, the Planning Commission approved a development project that would allow the construction of a three-story office building of approximately 129,000 square feet with a child day care facility of approximately 5,000 square feet and child day care play yard, and parking facility. Additionally, a retaining wall with a maximum exposed height of 13 feet was approved. Presently, construction is completed. The office building has a temporary Certificate of Occupancy with Administaff occupying the first floor and Daycor's tenant improvement under construction. The parking garage is about ready for a Certificate of Occupancy. The child day care facility is ready for a Certificate of Occupancy after the fencing issue is resolved. ANALYSIS: Development Review Pursuant to Development Code Section 22.66.060, a development or new land use authorized through a Development Review, Variance, Conditional Use Permit, Minor Condition Use Permit, Administrative Development Review or Temporary Use Permit shall be established only as approved by the review authority and subject to conditions of approval except where changes to the project are approved in compliance with this Section. An applicant shall request desired changes in writing and shall also furnish appropriate supporting materials and explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing on the requested change(s) and give notice. In this case, the applicant is requesting to change a feature specifically addressed as a condition of approval in Exhibit "A" dated October 10, 2000 adopted by the Planning Commission. Exhibit "A" (Attachment No. 2) delineates the location and custom wrought iron fencing for the children's play area. Attachment No. 3 delineates the location of the proposed chain link fencing. It also states that all fencing shall have black vinyl covering the chain link. Presently at the project site, the applicant has installed the chain link fencing. The sidewalk was cut in order to provide a planter area in front of the chain link fencing. Vines have been planted which are attaching to the chain link. (See Attachment No. 5.) Gateway corporate Center's Design Guidelines states that fences of any kind are not permitted within the front building setback without approval of the Gateway Corporate Center Architectural Committee. The Architectural Committee approved this chain link fencing because a precedent had been set by allowing chain link fencing for the child day care facility at South Coast Air Quality Management District. Nevertheless, Staff does not support the use of chain link fencing for this development's child day care play yard. Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guideline; nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not 2 be utilized were visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Cluality Act (CEQA), Section 15162(a) of Article 11 of the California Code of Regulations and guidelines promulgated thereunder, the City has determined that this project is consistent with the previously adopted Negative Declaration No. 2000-05 for this project. Therefore, further environmental review is not required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune ion April 11, 2002. Public hearing notices were mailed to approximately 26 property owners within a 500 -foot radius of the project site on April 8, 2002. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on April 5, 2002. RECOMMENDATION: The Planning Commission may approve the chain link fencing, approve the chain link with conditions or uphold the decision Ito install wrought iron fencing for the child day care facility play yard. Stuff recommends that the Planning Commission uphold its original approval of Exhibit "A" which requires the installation of wrought iron fencing for the child day care facility play yard. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED CONDITIONAL USE PERMIT FINDINGS: The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use Permit/Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: i Ann J. L gyso to Planner 4 Attachments: 1. Draft Planning Commission Resolution No. 2002 -XX; 2. Exhibit "A" — site/landscape plan dated October 10, 2000; 3. Site plan with proposed chain link fencing; 4. Planning Commission Resolution No. 2000-19 approved on October 10, 2000.; and 5. Photographs of child day care play yard with chain link fencing. PLANNING COMMISSION RESOLUTION NO. 2002 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 2000-07(1), DEVELOPMENT REVIEW NO. 2000-12(1), A REQUEST TO CHANGE THE WROUGHT IRON FENCING, A PROJECT FEATURE SPECIFICALLY ADDRESSED BY THE PLANNING COMMISSION, TO CHAIN LINK FENCING FOR THE ON-SITE CHILD DAY CARE FACILITY PLAY YARD. THE PROJECT SITE IS LOCATED AT 1440 BRIDGE GATE DRIVE, (LOT 16, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Bridge Gate Partners, LP has filed an application for Conditional Use Permit No. 2002-07 (1), Development Review No. 2000-12 (1) and categorical exemption for a property located at 1440 Bridge Gate Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on April 23, 2002 conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was concluded. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on April 11, 2002. Public hearing notices were mailed to approximately 26 property owners of record within a 500 -foot radius of the project on April 8, 2002. Furthermore, the project site was posted with the required display board and the public notice was posted in three public places on April 5, 2002. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 finds that the project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 2000-05 adopted on October 10, 2000. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed project is not a substantial change to the previously approved project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is within Gateway Corporate Center, a 233 -acre mixed development of mainly office -professional and light manufacturing. The project site is approximately 4.63 gross acres. On October 10, 2000, the Planning Commission approved a development project that would allow the construction of a three-story office building of approximately 129,000 square feet with a child day care facility of approximately 5,000 square feet and child day care play yard, and parking facility. Additionally, a retaining wall with a maximum exposed height of 13 feet was approved. Presently, construction is completed. The office building has a temporary Certificate of Occupancy with Administaff occupying the first floor and Daycor's tenant improvement under construction on the second floor. The parking garage is about ready for a Certificate of Occupancy. The child day care facility is ready for a Certificate of Occupancy after the fencing issue is resolved. (b) The project site has a General Plan land use designation of Professional Office (OP) which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. (c) The project site is within the Commercial Manufacturing -Billboard Exclusion -U nilateral/Contract (C-M-BE-U/C) Zone. This zoning designation permits general office uses by right and child day care facilities with a Conditional Use Permit approval. 2 (d) Generally, the following zones and uses surround the project site: to the north and east is the C-M-BE-U/C Zone; to the west is the Orange (SR 57) Freeway; and south is the R-1-8, 000. (e) The Application request is to change the Planning Commission approved wrought iron fencing to chain link fencing for the on-site child day care facility play yard. Prior to processing this request, the applicant has installed the chain link fencing. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). On October 10, 2000, the Planning Commission approved the development project under review. At that time, the design and layout of the development project was consistent with the applicable elements of the City's General plan, side guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special themes (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit "A" dated October 10, 2000. The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guideline; nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized were visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this: case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As stated above in Item (f), the Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit 'A" The applicant's request to install chain link fencing instead of wrought iron fencing will interfere with the use and enjoyment of neighboring existing or future development because that the chain link fencing is not in keeping with the City's adopted Design Guideline. It is not compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized were visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. However, it will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review standards, City Design Guidelines and the City's General Plan. As also referenced in Items (f) and (g) above the proposed chain link fencing which the applicant has installed will not be consistent and compatible with the architectural design, materials, and colors of the commercial development within the area. Therefore, the proposed chain link fencing will not be compatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements, Design Guidelines and General Plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above in Items (f), (g) and (h), the chain link fencing will not provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and As referenced above in Items (f), (g), (h), and (i), the chain link fencing will have a negative affect on the subject property and property values in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 4 The Planning, Commission hereby finds that the project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 2000-05 adopted on October 10, 2000. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed project is not a substantial change to the previously approved project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required. CONDITIONAL USE: PERMIT (1) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with will other applicable provisions of the Development Code and the Municipal Code; On October 10, 2000, the Planning Commission approved the development ,project under review. At that time, it was found that the proposed uses were consistent with the subject zoning district and complied with all the applicable for provisions of the Development Code and the Municipal Code. The project's original Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit "A" dated October 10, 2000. The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guideline, nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized were visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. As a result, the chain link fencing does not comply with will applicable provisions (Design Guidelines) of the Development Code. (m) The proposed use is consistent with the General Plan and any applicable specific plan; There is no specific plan for the project area. As referenced in Item (f) above, the approved project is consistent with the General Plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As also referenced in Item (f) above, the Planning Commission on October 10, 2000 approved this original project and the design, location, size and operating characteristics of the use were reviewed and deemed compatible with the existing and future land uses in the vicinity. However, with the project's original Planning Commission approval which included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit 'A" The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guideline; nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized were visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle (o) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As referenced in Item (f) and (g), it was decided by the Planning Commission approval of October 10, 2000 that the project site is physically suitable to the proposed project. Access has been reviewed in a traffic impact study prepared by Associated Traffic Consultants and the City's traffic engineer/Public Works Division. The access was deemed adequate. Utility hook-ups were available and the approved development project was constructed. However, the applicant has installed chain-link fencing that was not approved by the Planning Commission. (p) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; The Planning Commission Conditional Use Permit approval of October 10, 2000 was deemed not to be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. However, the Planning Commission did not approve the chain- link fencing that the applicant has installed for the child day care play area. As referenced above, in Item (f), the chain-link fencing could be considered detrimental to the public interest. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application request to installed chain-link fencing for the child day care facility play yard. 0 (a) This grant is valid within 10 of this approval, which is at the end of the appeal period. At that time, the applicant shall remove the existing chain- link fencing and installed the wrought iron fencing for the child day care facility play yard. (b) The permittee; and owner of the property involved (if other than the permittee) shall pay all fees within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department along with their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (c) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Bridge Gate Properties, 5670 Wilshire Boulevard, #1240, Los Angeles, CA 90036. APPROVED AND ADOPTED THIS 23RD OF APRIL 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Chairman 7 I, James DeStefano, 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 23rd day of April 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 0 Uo 5. 3 I I 3 O U O w ° cn E- U N z W e a> v Cd a O° F QO ¢O v-� W ti ¢ c Z c U U = Q UN w > wE- E -Q V) cl FSI a) z •' N O oZ z.� ¢ oZ z� U it C07 o� a 0 a a v Qt off, a w O OQ w 0 O¢ Q ° Q za ° z z z° Qv Uz Qzv Uz o z Q Q ra a O M a3 N clqN N N z O O C N u g8g S S �g N N N N N O o L1 A OF pV� Z b � 'on o E 0 a, (D U z w> ° s o 0 _ 00 G W) � Z �, a U U x v v Q .°A u o W o Hx x Z u o o z-� Q O o`= Q p_ 4J Q c_ z • i= C6 A. U`n O`r' ami Oaf a. 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W W Q Q0 UZ ¢O UZ QO UZ O O x a¢ a¢ aw,¢ WW W z 0 z z¢ w w u- 0 U m 00 uj °• o F - w Q 00 a a N N D Q N N N a cn V) .a a N O O N O p O OO O p O x CL ¢ Cl. xa N CNN x> pp.. Q U A E - q U -1 0 s cC U u, o c Q v NO F,; t U .� zx �, �� cv: •- O Q �•Q � � wv° o o � �.o a� oma. w op u > o /-� Q � E o _ Z fy u. r-� z N F U ¢ x = ee Q O 3L)i CL. CL. 3�'�v MEMORANDUM DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT TO: Chairman and Members of the Planning Commission FROM: Stella Marquez, Administrative Secretary DATE: April 22, 2002 SUBJECT: Planning Commission Agenda Packet - April 23, 2002 Item No. 7.1 It has been brought to our attention that the above -referenced Item No. 7.1 staff report and draft resolution, that were delivered to you :in your Planning Commission packet on Friday, April 19, were copied incorrectly. Attached hereto are accurate copies. Please discard the report and resolution found in your packet and replace with the attached correct version. Thank you and we apologize for any inconvenience. Attachments PLANNING COMMISSION RESOLUTION NO. 2000-19 A RESOLUTION OF THE PLANNING COMMIPSIOM 7F TF.,£ CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-12, CONDITIONAL USE PERMIT NO. 2000-07, AND VARIANCE NO. 2000-06, A REQUEST TO CONSTRUCT A THREE STORY OFFICE BUILDING OF APPROXIMATELY 129,000 SQUARE FEET, CHILD DAYCARE FACILITY OF APPROXIMATELY 5,000 SQUARE FEET WITH A CHILD DAYCARE YARD, PARKING FACILITY, AND CRIB WALL WITH A MAXIMUM HEIGHT OF 13 FEET EXPOSED AND ACCEPTING NEGATIVE DECLARATION NO. 2000-05. THE PROJECT SITE IS LOCATED AT 1440 BRIDGE GATE DRIVE, (LOT 16, TRACT NO. 39679), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner:, Bridge Gate Partners, has filed an application for Development Review No. 2000-12, Conditional Use Permit No. 2000-07, Variance No. 2000-06 and Negative Declaration No. 2000-05 for a property located at 1440 Bridge Gate Drive, Diamond Bar, California, as described above in the title of this Resolution. Hereinafter, in this Resolution, the subject Development Review,, Conditional Use Permit, Variance and Negative Declaration shall be referred to as the "Application". 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 19, 2000. Public hearing notices were mailed to approximately 17 property owners of record within a 700 foot radius of the project on September 19, 2000. Furthermore, the project site was posted with a display board on September 19, 2000 and displayed for at least 20 days before the public hearing. A notice of public hearing was posted at three public places on September 19, 2000. 3. The Planning Commission of the City of Diamond Bar on Cctober 10, 2000 conducted a duly noticed public hearing on the Application. 1 B. 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 finds that the Initial Study review and Negative Declaration No. 2000-05 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 2000-05 reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wild life 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. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant lot, approximately 4.63 gross acres, with a 158,023 square foot buildable pad, within a commercial business center identified as Gateway Corporate Center. (b) The project site has a General Plan land use designation of Office Professional (OP). Pursuant to the General Plan, this land use designation provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. 2 (c) The projectsite is within the Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone. Pursuant to Section 22.06.040 (B), the equivalent applicable Development Code standards are found within the OB (Office Business Park) Zoning District. This zoning designation permits general office uses by right and child day care facility with a Conditional Use Permit approval. The Unilateral Contract permits a general office use by right and child daycare facility with special processing approval. (d) Generally, the following zones and uses surround the project site: to the north and east are the C-M-BE- U/C Zones, to the west is the SR 57 freeway and to the south is the R-1-8,000 Zone. (e) The application request is to construct a three story office: building of approximately 129,000 square feet, child daycare facility of approximately 5,000 square feet with a child daycare yard, and parking facility. The request also includes a crib wall with a maximum height of 13 feet exposed. DEVELOPMENT REVIEW: (f) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The proposed project provides for the establishment of an office based working environment for general offices within the General Plan's OP land use designation. The proposed project also provides..for the establishment of a child daycare facility, which contributes to the office -based working environment for general offices. The child daycare will cater to office employees only. Pursuant to the General Plan, the proposed office use along with the child daycare facility will yield a pleasant living, working, or shopping environment, and attract interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design. Furthermore, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. 3 The proposed design and layout of the proposed crib retaining wall is consistent with the General Plan and City Design Guidelines in that this type of wall system helps protect the visual character and quality of the slopes at the project site. The crib retaining walls have a softened design because it is anticipated that plant material will completely mask the appearance of the crib wall. Furthermore, Gateway Corporate Center's architectural committee has approved the walls. With the Variance approval, the retaining walls will be consistent with the development standards of the applicable district. (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is within the Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone, which permits the proposed general office use by right and child daycare facility with a Conditional Use Permit approval. The project site is within the established Gateway Corporate Center, which permits general office uses by right and child daycare facility with special processing approval. The proposed uses were reviewed and approved with the original approval of the center processed by Los Angeles County. Additionally, the Center's certified Environmental Impact Report reviewed impacts related to traffic and pedestrians. As a result, the following traffic mitigation measures were required and were installed. 1. Improve that portion of the proposed bikeway along Golden Springs Drive fronting on Gateway Corporate Center. 2. Golden Springs Drive shall be widened to provide left turn pockets at both entrance streets to the . center. - 3. Traffic signals shall be installed on Golden Springs Drive, at the two entrance drives to the center. 4 Additionally, a traffic analysis and site plan evaluation prepared by Linscott, Law and Greenspan, dated July 1_7, 2000, recommends the following: 1) indicates that the proposed project, at completion and full occupancy, is expected to generate approximately 1,800 weekday, two-way trips, with 259 trips anticipated during the AM peak commute hour and 256 trips produced during the PM peak commute hour. The analysis also considers the projects for Lots 2 and 22 within the Gateway Corporate Center along with -the anticipated Farmer Boys restaurant located on the southeast quadrant of Brea Canyon Road at Lycoming Street, approved by the Planning Commission. With this information, the potential impact of the proposed project was evaluated within the context of cumulative impact of all on-going development. With respect: to area traffic improvements, the results of the level of service (LOS) analysis indicate that: existing traffic, in combination with future background traffic, will significantly impact Golden Springs Drive and Grand Avenue during the AM and PM peak hour in Year 2001. However, with the implementation of the following recommended improvements, the proposed project's impact can be improved to an acceptable LOS. 1) Re -stripe the northbound approach on Golden Springs Drive to provide a second left -turn lane; 2) Modify the existing traffic signal phasing to provide a northbound and eastbound right -turn overlap phase. The City's traffic consultant and Public Works Division concurs with the estimated traffic impact. As part of this project's conditions approval, the project should be assessed a "fair share" cost associated with the improvements identified. The City has committed to provide improvements for the project, including a traffic signal installation at the driveway. As mentioned in Item (f), the crib retaining wall helps protect the visual character and quality of the slopes at: the project site by incorporating a softened design with plant material that will completely mask the appearance of the crib wall. Furthermore, Gateway Corporate Center's architectural committee has approved the walls. With the Variance approval, the retaining walls will 5 be consistent with the development standards of the applicable district. Furthermore, the expansion of the parking lot has been reviewed by the City's Public Works Division and is not expected to create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. The proposed project will be consistent and compatible with the architectural design, materials, and colors of the other developed buildings and retaining walls within the Gateway Corporate Center and its Unilateral Contract which was originally reviewed and approved by Los Angeles County. The Unilateral Contract sets forth land restrictions/development standards. The development standards require an architectural style that is Modern/Contemporary with materials, textures and colors.that complement this style. As a result, the City, upon incorporation adopted the specified development standards. Furthermore, the proposed project has received Gateway's architectural committee approval. Therefore, the proposed revision will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by the City's Development Review, Conditional Use Permit, and General Plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. As referenced in the above findings, the proposed project will provide a desirable environment for its ` occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (j) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permit, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. CONDITIONAL USE PERMIT: (1) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code:. Pursuant to Chapter 22.10, Table 2-5 of the City's Development Code, a child day care facility is permitted in the. Commercial -Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone with 7 a Conditional Use Permit approval. Therefore, the proposed child day care facility requires a Conditional Use Permit approval. Per the City's Development Code, Table 2-7 of Article II, projects located within the Gateway Corporation Center are subject to any additional development standards contained with the Gateway Corporate Center Design Guidelines. Thus, accordingly, a child day care facility is a permitted use with special processing approval under the Unilateral Contract for the Gateway Corporate Center. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and Municipal Code. (m) The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is Office Professional (OP). Pursuant to the General Plan, this land use designation provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed project provides for the establishment of a child daycare facility, which contribultes to the office - based working environment for general offices within the General Plan's OP land use designation. The child daycare will cater to office employees only. Therefore, the proposed use is consistent with the General Plan. Additionally, the proposed use was reviewed and approved by the Gateway architectural committee. As such, the proposed use is consistent with the Unilateral Contract. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The child daycare will be built within the parking facility structure. It is anticipated that the overall architectural style, construction materials, and colors of the parking facility will be consistent and compatible with the existing structures within Gateway Corporate Center and has received the Center's architectural committee's approval. As a condition of approval, the applicant shall be required to submit a detailed elevation of 8 the parking facility for the City's review and approval prior to the issuance of any permits issued by the Building and Safety Division. As shown on Exhibit "A", the height does not exceed the height of the main office building or 45 feet. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and the adopted architectural criteria of the Unilateral Contract of Gatewav Corporate Center. As mentioned in Item (o), this project has been conditioned to meet all other agency requirements and additional requirements within the Development Code for operation of the child daycare facility. (o) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Development Code establishes standards for the City's review of child daycare facilities, in compliance with State law, and, in a manner that recognizes the needs of day care operators and at the same time, minimizes the effects on surrounding properties. These standards apply in addition to the other Development Code provisions regarding parking, noise, etc. As a part of this project's conditions of approval, the following agencies are also required to review, approve, and/or license this application prior to operating for business. The list includes, but is not limited to the Los Angeles County Fire Department, the California Department of Social Services, State Department. of Education, and the Los Angeles County Business License Department. (p) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity ~ and zoning district in which the property is located. As mentioned in Item (o), this project has been conditioned to meet all other agency requirements 9 and additional requirements within the Development Code. As a result, the conditions will ensure that the proposed child daycare facility is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are required for the use of a child daycare facility. The inspections and appropriate licenses and operational conditions listed within this resolution will ensure that the child daycare facility will not be detrimental to the public interest, health, safety, convenience or welfare of the City. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. VARIANCE: (r) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; Pursuant to Development 22.20.040, retaining walls shall not exceed a height of six feet measured from the finished grade at the base of the wall. The subject request is for a crib wall with a maximum of 13 feet in exposed height, located along the west side property line. If the proposed retaining walls were constructed from concrete block, the height 10 could be 8 feet or less. However, staff feels the visual impact of a concrete block wall would be a much more harsh design. Whereas, the crib retaining walls have a softened design because it is anticipated that plant material will completely mask the appearance of the crib wall. In order to construct a crib wall, which conforms with the angle of the slope, the maximum height required is 13 feet. The proposed crib wall allows for an additional 23 parking spacers on the surface parking lot. A .total of 518 parking spaces are required. Although the applicant exceeds the minimum number of parking spaces required, the City encourages the applicant to provide additional parking beyond the minimum to ensure parking availability. Additionally, other lots located within the Gateway Corporate Center have heightened walls. The Planning Commission approved a similar request for a 13 foot high crib wall on Lot 22 for Allstate Insurance. Without a Variance approval, the applicant is denied the same enjoyment and privileges, which other lots in the same zoning district possess with similar topographic features. (s) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought; As stated above in Item (r), the granting of the Variance will. allow the applicant to provide additional on-site parking as other projects within the Gateway Corporate Center have been able to provide. (t) Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed retaining walls are consistent with the General Plan in that this type of wall system helps protect the visual character and quality of the slopes at the project site. In addition, the wall cells will be planted with vegetation that is compatible with the existing slope vegetation, 11 thereby blending the walls into the slopes. Therefore, granting the Variance is consistent with the General Plan. The project site is not within a specific plan area. (u) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and City permits, inspections, and soils reports are required for _construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State of California requirements. The referenced agencies, involvement will ensure that the proposed project is not detrimental to the public health,,safety, or welfare or materially injurious to the properties or improvements in the vicinity. (v) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-05 has been prepared.. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. 5. Based on the findings and conclusions set forth above the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, preliminary grading plan, preliminary parking structure and layout, color/materials board collectively labeled as Exhibit "A" and dated October 10, 2000, as 12 submitted, amended herein and approved by the Planning Commission. (b) 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 granted herein. The removal cf all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) Prior to the issuance of a building permit, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. The landscape plan shall include plant species, size, quantity, and location. Additionally, the proposed project is required to comply with the City's established Water Efficient Landscape Regulations and will be plan checked accordingly. (e) Prior to the! issuance of a grading permit, the applicant shall submit a landscape plan delineating the size, type, and quantity of trees to be removed as a result of building the crib retaining wall and expanding the proposed child daycare yard. This landscape plan shall be reviewed and approved by the City's landscape architect. The applicant shall provide replacement trees at a 3:1 ratio to be placed at an appropriate on-site location or at an appropriate off-site location in other areas of Diamond Bar as determined by the City's Parks Director. The replacement trees shall each be a minimum 24 inch box. 13 (f) On the grading plan, the applicant shall delineate the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4) Proposed and existing grades; 5) all retaining walls (indicating top of wall, finished surface and top of footing); and 6) All easements. (g) Prior to the issuance of City permits, a final soils report shall submitted to the Public Works Division for review and approval. (h) Prior to the issuance of any City permits, the applicant shall submit crib wall details and calculations for the City's review and approval. (i) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. (j) Prior to the issuance of a building permit, the applicant shall expand the child daycare yard and/or reduce the total number of children accommodated by the child daycare facility to meet the State of California's requirements. The applicant shall submit plans delineating the expansion of the child daycare yard to be reviewed and approved by the City. (k) Prior to the issuance of a building permit, the applicant shall be required to submit a detailed elevation of the parking facility for the City's review and approval. (1) Prior to the issuance of a building permit, the applicant shall submit an exterior lighting -plan and a parking lot lighting plan/study complying with the standards in the Development Code for the City's review and approval. 14 I (m) All structures shall meet the 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric code requirements. (n) The minimum design wind pressures shall be 80 miles per hour & "C" exposure. (o) This project shall meet the State Energy Conservation Standards. (p) Surface water shall drain away from building at a 2% minimum slope. (q) The applicant: shall obtain a separate permit for the proposed fountain and any other accessory structures. (r) Applicant shall obtain Fire department approval, for fire code compliance. (s) Applicant shall comply with new State Handicap Accessibility Regulations (i.e. van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, etc.). The applicant shall submit a plan to the Building and Safety Division delineating the path of travel (striping) from the parking lot to the building. The path of travel from the handicap parking to the building may not exceed cross slope of 2 percen . The plan shall also delineate path of travel from the curb to' the building. (t) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions, and Fire Department requirements. (u) Prior to commencing operation of the child daycare facility, the applicant shall submit to, but is not limited to the following: Los Angeles County Fire Department, the California Department of Social Services, State Department of Education, and the Los Angeles County Business License Department for review, approval, and licensing. (v) Prior to commencing operation cat the child daycare facility, the applicant shall submit to the City evidence of obtaining approvals from the California 15 Department of Social 'Services and the Los Angeles County Business License Bureau. (w) Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a fence or wall detail for the child daycare facility to be reviewed and approved by the City. (x) Prior to the issuance of a certificate of occupancy, the applicant shall submit a detail of the trash enclosure for the City's review and approval. (y) To ensure compliance with all conditions, the Conditional Use Permit approval shall be subject to periodic review by the Planning Commission. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (z) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (aa) If the Department of Fish and Game determines that Fish and 'Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (bb) Prior to the issuance of any City permits, the applicant shall be assessed a fair share cost for traffic improvements as determined by the City's traffic engineer. 16 0 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Bridge Gate Partners, 5670 Wilshire Boulevard #1240, Los Angeles,, CA 90036 and H.T. Greene, 5670 Wilshire Boulevard #1240, Los Angeles, CA 90036. APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY. Steve e e Nelson, Chairman I, James Destafano, 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 10th day of October 2000, by the following vote: AYES: Vice -Chairman Zirbes, Ruzicka, Kuo, Chairman Nelson., Tye NOES: ABSENT: ABSTAIN:.-, James DeStefano, Secretary 17 Approved With Conditions L. •°Y A -tion Of The MAVOND BAR •'VG COMMISSION date:: secretary: V case/file number: BLE BUILDING SITE COVERAGE SF x 50-- = 79,000 SF BUILDING SITE COVERAGE SF 4PE REQUIREMENTS SF x 15% - 23,700 SF kPE PROVIDED 25,006 SF RevWona OCT 0 4 2000 The Trenton Grc ;Q; -alga WId allS 7 .jug puotu" SrJ 110 Ofb I ,Ot Ot s 0 0 NVjcj uo�uai j a� �0- / Y :Jegwnu =tie�a.��es 21 kV NorSS,WpO r JNINNV,d '1119 allopjb,,fl SUOIJ4.L tp uo1 !PUOO u� a r - PGAOjddiV 3S £Ib'6Zl `(i b .'S bgs`f'i► i!10 JS 999' �M7 bOf n►rrrrns e3z '30d3dns L I.N. 3an10nbs ONfkb £ l U9 30 Lz IV 3211 b32f 9N1 d bb'd 3�bjanS Zp bn1�WS 9N/)IWd 'ZL9034I/IOad Wsaao 8LS = ost/ s -'sosz/l ly Q� 0 d 9N .�S 90 'g7 Q3t?!/10 3dbOS( 3S OOL'�z XSt x is 0001 S 3W32lIn133a 3dVOSf] 39b213A00 3lIS 3S L 69 A 000'O ONfQ3►ns wn, 30p�3A00 3115 ONI(nna 3S 0 3�8b*Oj01 `��. �� max..• v 1� Q No. C 19627 r ` II T a) CMM ,.o a � v� . Y ADMINI5TAFF .�-,c I BRID6r: CRATE DRIVE y- DIAMOND BAR, GA. Building Type: BUILD -OUT -.._T-) EMR i!'. Drawing Title: I. TITLE 5HEET Date: Dm: MD `- ,;lrr.K ApprOVa �9 6L—W- /p 47- 5. OA ✓Lc� � its ,�9.* ;I) ARC&- v`O� 0— No. C 19627 r ` Pte• 00- 19 T OF Site: ADMINI5TAFF BRID6r: CRATE DRIVE ' DIAMOND BAR, GA. Building Type: BUILD -OUT Drawing Title: TITLE 5HEET Date: Dm: MD 4/4/200! Ckd: Mc Drawing Number: T Revisions: SITE FLA ik� Y APPROVED IN DIAMOND BAR PERMIT# 16038 5TRIPIN6: 3" STRIPING W/ WHITE 7RAFI`IG PA NUMBERS d LETTER5: 6" NUMBERS d 4" LETTER5 FAINT; YE -LOW TRAFFIC PAINT HOPSGOTGH DETAIL SCALE: 3/8"= 1 O" ALL PLA1'6ROUND 5URFACE5 4'7HICK CONCRETE UNLE55 NOTED OTHERWISE SOD 48" GONG. 1`i PLA'T' 5TRUG7uRE ON RUBBER 5URFAGING t 1 i t 1 TRIKE PATH ALL FENCE 5HALL BE BLACK VIN'Y'L COVERED CHAIN LINK i PLAYC6ROU 5,000± SQ FT., Un I q I 0 Approved witill ConditionGvrs T W . ..... vY ----------- - I DE.1 NJ R ILL SWAMI.