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HomeMy WebLinkAbout11/24/1998PLANNINGNOT REMOVE COMMISSION AGENDA NOVEMBER 24, 1998 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner Joe McManus Steven Tye George Kuo Steve Nelson Toe Ruzicka 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 11660 E Copley Drive, Suite 190, 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 6c Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please ref rain from smok", tating or drinking in tke Auditorium 'At City of Diamond Bar uses recycled paper 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 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 buisinesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the stair and City Council. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Commission. 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 emergenct or when a subject matter arises subsequest 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 REOUIREMENTS 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 8:00a m. and 5:00p.m. Monday through 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&i.diamond-bar.cams PL��NNING COMMISSION CITY OF DIAMOND BAR Tuesday November 24, 1998 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 98-22 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice Chairman Steve Tye, Joe Ruzicka, George Kuo, and Steve Nelson. 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 linut 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: November 10, 1998 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING: None 8. PUBLIC HEARING: 8.1 Extension of Time for Approved Tract Map No. 51253, Conditional Use Permit No. 92-12 Oak Tree Permit No. 92-9 (pursuant to Code Sections 21.40.180, 22.56.140 and 22.56.2250) is a request for approval of a one year extension of time of the City's approval dated May 17, 1995. 'The approval permits a 21 unit, single-family, residential subdivision on 6.7 acres. PROJECT ADDRESS: East of Morning Sun Avenue and North of Pathfinder Road, Diamond Bar, CA, 91789 PROPERTY OWNER/APPLICANT: Amrut Patel, Sasak Corporation, 858 West (9th Street, Upland, CA, 91785 ENVIRONMENTAL DETERMINATION: Pursuant to the guidelines of the California Environmental Quality Act (CEQA), Environmental Impact Report No. 92-1 was prepared and certified on June 3, 1994. Pursuant to CEQA Section 15162, no further environmental review is required. RECOMMENDATION: Pursuant to the applicant's request, staff recommends that the extension of time for approved Tract Map No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9 be continued to December 8, 1998. 8.2. Development Review No. 98-13 (pursuant to Sections 22.72.020.A. and 22.72.040) is a request for approval to construct a three-story office building approximately 73,000 square feet and a two- level parking structure with one level above grade and one level at grade. PROJECT ADDRESS: 21950 E. Copley Drive, (Lot 23 of Tract No. 39679) Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar Associates, c/o AEW Capital Management, LP, 601 S. Figueroa, #2150, Los Angeles, CA 90017 APPLICANT: Opus West Corporation, 2030 Main Street, Irvine, CA 92614 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. Pursuant to CEQA Section 15070, Negative Declaration No. 98-4 has been prepared. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 98-13 and Negative Declaration No. 98-4, Findings of Fact and conditions listed within the resolution. 4 8.3. Conditional Use Permit No. 98-10 and Development Review No. 98-14 (pursuant to Code Sections 22.28.260.A and 22.72.020.A (4)) to change an existing deli into a restaurant, an intensification of land use. The removal and rearrangement of interior walls to accomodate the restaurant use does not alter the unit's square footage. Alcohol sales for on-site consumption requires a Conditional Use Permit. PROPERTY ADDRESS: 958 N. Diamond Bar Boulevard, Diamond Bar, CA 91765 PROPERTY OWNER: Beal Bank, 15770 N. Dallas Parkway, Dallas, TX 75248 APPLICANT: Blair Hightower, 958 N. Diamond Bar Boulevard, Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: The environmental determination shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301 (a). RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No.98-10 and Development Review No. 98-14, Findings of Fact and conditions as listed within the resolution. 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates of future projects 11. SCHEDULE OF FUTURE EVENTS: THANKSGIVING HOLIDAY - November 26 & 27 1998 City offices will be closed. Will reopen Monday, November 30, 1998. CITY COUNCIL MEETING - December 1, 1998 - 6:30 p.m. SCAQMD 21865 E. Copley Drive - Auditorium PLANNING COMMISSION MEETING - December 8, 1998 - 7:00 p.m. SCAQMD 21865 E. Copley Drive - Auditorium 12. ADJOURNMENT: December 8, 1998 T MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMIVIISSION NOVEMBER 10, 1998 CALL. TO ORDER: DRP -T Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL, CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye and Commissioners George Kuo and Joe Ruzicka. Absent: Commissioner Steve Nelson. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant and Sonya Joe, Development Services Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR. 1. Minutes of October 27, 1998. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the October 27, 1998 meeting as presented. Motion carried 3-0-1 with VC/Tye abstaining. OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: None INFORMATIONAL ITEMS: 1. Introduction of the new Development Services Assistants November 10, 1998 Page 2 LjRA DCM/DeStefano introduced Linda Smith and Sonya Joe, Development Services Assistants. Sonya has a Bachelor of Arts degree from the University of California, Irvine and was previously employed with the City of LaHabra. Linda Smith has been with the City of Diamond Bar for the past five years and has a Bachelor of Arts degree from Cal State Fullerton and certifications in various Public Works courses. Sonya and Linda will provide technical support to the Planning and Engineering staff. 2. Public Hearing dates of future projects. DCM/DeStefano spoke about the projects that will come before the Planning Commission at its regular meeting of November 24, 1998: Extension of Time for Tract No. 51253 (Morning Sun subdivision project), a proposed 75,000 three story office building to house the Allstate Insurance Company at the corner of Copley Drive and Golden Springs Drive and conversion of a deli to a restaurant within Oak Tree Lanes shopping center. The Telecommunications Ordinance public hearing is scheduled for December 8, 1998. Currently, there are no items scheduled for the regular meeting of December 22, 1998. 3. Transmittal of adopted Development Code. DCM/DeStefano stated that at its November 3, 1998 meeting, the City Council adopted the new Development Code. Copies of the new code which becomes effective December 3, 1998 have been delivered to Planning Commissioners. DCM/DeStefano reminded Commissioners that the City's Holiday parry will be held on Wednesday, December 9, 1998. C/Ruzicka requested revised dividers for all Articles of the Development Code. Responding to VC/Tye, DCM/DeStefano reported on the status of the proposed Wells Fargo Bank Building project. November 10, 1998 Page 3 ADJOURNMENT: C/Ruzirka moved, C/Kuo seconded, to adjourn the meeting. There being no further L. IaS46 come before the Planning Commission, Chair/McManus adjourned the meeting at 7:18 p.m. Respectfully Submitted, James DeStefano Secretary to the Planning Commission Attest: Joe McManus Chairman INTEROFFICE MEMORANDUM TO: Chairman and Planning Commission FROM: Ann J. Lungu, Associate Planner 4 SUBJECT: Agenda Item 8.1 - a one year Extension of Time for Tract No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9 DATE: November 18, 1998 Tentative Tract Map No. 51253 was submitted to the City in October 1992 and processed as a component of the South Pointe Master Plan. At that time, the 21 unit, single-family, residential subdivision was proposed on a 6.7 acre site. However, at a later date, the map was separated from the South Pointe Master Plan and its public hearings continued. Tract No 32400 (Arciero/Standard Pacific Development), also a component of the South Pointe Master Plan, was approved by City Council. The continuance of Tentative Tract Map No. 51253 allowed the applicant time to address the Council's concerns. The map was revised. It still was a 21 unit residential subdivision, but it now encompassed Walnut Valley Unified School District property and the circulation pattern changed. The City Council reviewed the revisions and approved the map on May 17, 1994. Before: the map's approval expired, the applicant requested an Extension of Time. The public hearing for this request was noticed for November 24, 1998. In a -correspondence dated November 18, 1998, the applicant is requesting additional time to provide the City with the required information needed to process the Extension of Time. RECOMMENDATION: Pursuant to the applicant's request, staff recommends that the Planning Commission continue the public hearing for a one year Extension of Time for Tract No. 51253, Conditional Use Permit No. 92-12 and Oak Tree Permit No. 92-9 to December 8, 1998. Attachments: Correspondence dated November 18, 1998 lii lOi JO L044 L1LLL Lkhth LdcK 141 UUL / '+UL d C. DABNEY & ASSOCIA TES LAND DEVELOPMENT CONSULTANTS & ENGINEERS 4439 Rk*&Ua Dive, Cameo #, CA. 91711 Pbane: 9693984430 Fix: 969-398-4433 November 18, 1998 Ms Ann Lungu Associate Planner City of Diamond Bar Reference: Tract 51253/Map Extension Dear Ms Lungu, 20524 BAekm Rd sw, p WA 98579 Fhone/Fas: 366-273-2451 Per our conversation this morning, neither I or Mr. Patel will be in California on November 24, 1999 for the scheduled meeting. I would appreciate it if you could continue the meeting until the first available meeting in December as I will be returning on December 2, 1998. MT. Patel has advised me that he will be in India until the middle of January, 1999. Thank you for your consideration on this matter. Respectfully, 1 n Jan C. Dabney RCE I AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROPERTY OWNERS: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 8.2 November 17, 1998 November 24, 1998 Development Review No. 98-13 To construct a three story commercial office building of approximately 73,000 square feet and a parking structure. 21950 E. Cooley Drive (Lot 23, Tract No. 39679) Diamond Bar, CA 91765 Diamond Bar Business Associate c/o AEW Capital Management, LP 601 S. Figueroa, #2150 Los Angeles, CA 90017 Opus West Corporation, 2030 Main Street Irvine, CA 92614 The property owner, Diamond Bar Business Associate and applicant, Opus West Corporation are requesting approval of Development Review No. 98-5 (pursuant to Code Section 22.72.020.A. and 22.72.040). The request is for approval to construction a three-story, commercial office building of approximately 73,000 square feet to be utilized for Allstate Insurance. Additionally, the request included a two-level parking structure. The project site, a vacant, 9.067 acre lot with a 163,738 square foot (3.79 acre) graded pad, is located at 21950 E. Cooley Drive (Lot 23, Tract No. 39679) within a commercial business center identified as Gateway Corporate Center. The center is 1 approximately 233 acres of which approximately 143 acres are subdivided into lots to accommodate the development of a mix of office -professional, light manufacturing, restaurant and retail. Gateway Corporate Center was processed by Los Angeles County and approved in the late 1980's. This approval- incorporated a unilateral contract imposing land restrictions/development standards which the City adopted on October 17, 1989. The project site has a General Plan land use designation of Professional Office (OP). Pursuant to the General Plan, this land use designation provides for the establishment of office -based working environments for general, professional, and administrative officers, as well as support uses. Additionally, development within the OP designation will maintain a floor area ratio (FAR) between 0.25 and 1.00. The project site is within the Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone. This zoning designation permits general office uses. Generally, the following zones surround the project site: to the north is the Open Space (OS) Zone; to the south, east and west is the C-•M-BE-U/C Zone. ANALYSIS: As previously stated, the General Plan provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses within the OP land use designation. The FAR requirement within this designation is between 0.25 and 1.00. The proposed project, a general office use, with an FAR of .184 complies with the General Plan. In 1990, the City established Development Review Ordinance No.5. Its purpose is to: support the General Plan's implementation; stress quality community design standards; encourage an orderly and harmonious appearance of structures and property; assist development to be more cognizant with public concerns of aesthetics; reasonably ensure that new development does not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general and preserve significant topographic features. Pursuant to the Development Review Ordinance's Section 22.72.020.A., an application for Development Review is required for any and all commercial, industrial and institutional development which .involves the issuance of a building permit for construction or reconstruction of a structure. Therefore, the proposed project, a commercial development involving the issuance of a building permit requires Development Review by the Planning Commission. In addition to complying with the City's Development Review Ordinance, the proposes project must comply with the land use restrictions imposed upon Gateway Corporate Center by the adoption of the Unilateral Contract. The development standards set forth by the Unilateral Contract are more restrictive than the City's 2 development standards. Therefore, the proposed project is required to comply with the most restrictive development standards. The following is a comparative between the Unilateral Contract's development standards and the proposed project's development standards. UNILATERAL CONTRACT'S DEVELOPMENT STANDARDS PROPOSED PROJECT'S DEVELOPMENT STANDARDS Lot 23 Lot 23 Setbacks_ Setbacks: North property line, adjacent to Golden North property Line - building setback - Springs Dr. - 25 ft from the property line 80.66 ft.; parking setback from property for buiLding and parking; line - minimum 25 ft; East property line, adjacent to CopLey Dr.- East property Line - building setback - 45 from top of slope building setback is 45 ft.; parking setback - 30 ft; ft. and parking setback is 25 feet from the property line; West property line - top of slope sets the west property line - parking structure boundary for development; setback varies from 100 to 210 ft; building setback 300 ft.; South property line - the toe of slope South property line - parking - 80 ft. which provides boundary for development. plus; building 400 ft. plus. South property line - building setback 165 ft.; parking setback from toe of slope - 45 ft. BuiLdin Height: Building Height: Five stories or 55 ft, whichever is less. Three stories/43 ft. Parking•. Parking: Clinics and professional offices - minimum Parking required calculated at minimum one one space for each 250 square feet (general space for each 250 square feet of gross office) of gross floor area; floor area - 292; provided - 371; Parking arranged in a geometric pattern; Parking arranged in a geometric pattern; 3 ft. wide by 4 ft. long curbed tree planter between stalls at 4 to 6 stall 5 ft. wide by 18 ft. (min.) long curbed intervals; and tree planter between stalls at 4 stall intervals; and Maximum compact stalls - 30% Maximum compact stalls at 27% at 102 parking spaces. Landscaot•n9: Landscaping: 15% of the gross usable lot area (including 15% of the gross usable lot area (including front setback area but excluding aLL front setback area but excluding all natural and graded side and rear yard natural graded sides and rear yard slopes). slopes). Architecture- Architecture: Contemporary with simple building masses Contemporary, simple in form with strong simple in form and of strong geometry. geometric lines. 3 Building Materials: Building Materials: Contemporary, utilizing glass, brick, non- Glazing - Blue reflective glass, accent pattern tile, metal panels, °tilt -up", color - white (204P -Egret), building "poured -in-place" or "precast concrete" finish warm grey. with a natural finish (sandblasted or - textured), and uniform in color, concrete block (textured, split face, or sandblasted), and/or glass block. Roofs• Roof: Generally flat, with minimum slope for Generally flat; adequate drainage; may include simple gable or shed forms; and Height variations will be used to conceal equipment and define entrances. Height variations - parapet will conceal M. mechanical equipment. The proposed project was reviewed by Gateway Corporate Center's architectural committee. The architectural committee approved the plans. The proposed office building's exterior is referenced in the above comparison chart. The proposed architectural style, colors and materials are compatible with the requirements of Gateway Corporate Center and existing structures within the Center. A conceptual floor plan is included as Exhibit "A". However, it may vary with the tenants actual improvements. Pursuant to the adopted code and Gateway Corporate Center development standards, general office requires one parking space for every 250 square feet of gross floor area. The City's new development code which will be in effect on December 31 1998 requires one parking space for every 250 square feet of gross floor area. The above comparison chart indicates that the proposed project's provided parking complies with Gateway Corporate Center's development standards, the City's current code and new code. Two hundred and ninety-two parking spaces are required. Three hundred and seventy-one parking spaces will be provided. A two-level parking structure is proposed, one at ground level and one above ground level (actually the roof of the parking structure). The structures maximum height is 12.5 feet. The parking structures ground. level will provide 115 parking spaces. The roof level will provide 111 parking spaces. The remaining parking lot area will provide 145 parking space. Therefore, a total of 371 parking space will be provide. The parking structure will be painted concrete with reveals to match the proposed office building. On November 17, 1998, the applicant submitted a traffic analysis and site plan evaluation for the City's review and approval. The analysis, dated November 13, 1998 was performed by Linscott Law and Greenspan. The study indicates that the proposed project is expected to generate 1,000 daily two-way trips, with 145 trips (129 inbound, 16 outbound) anticipated during the AM peal commute hour. At the PM peak commute hour, it is anticipated that 147 trips (22 4 inbound, and 147 outbound will be generated. The additional traffic generated by the proposed project is not expected to impact the operating conditions of Golden Springs Drive and Copley Drive. At completion and occupancy of the proposed project, the Golden Springs/Copley Drive intersection is forecast to -operate at LOS C or better during the AM and PM peak commute hours of a typical weekday. The review of the site plan indicates that access to the proposed project site is adequate. The on-site layout of the proposed project is adequate. However, the analysis recommends that the site driveway be "throated" for approximately 50 feet to ensure that vehicles accessing the parking spaces located south of the proposed office building do not impede the flow of traffic into the site, and "quell onto Copley Drive. This mitigation measure will require the deletion of at least the first two parking spaces on the south side of the primary entry/exist drive aisle. The analysis also indicated that no modifications to the existing median or changes in the existing striping on Copley Drive are required to accommodate site access/egress turning movements. Before! the submittal of the applicant's traffic analysis and site plan evaluation and the City's review and approval of said analysis, the City's contract traffic engineer, Warren Siecke reviewed the proposed project. He suggested that a left hand turn lane toe provided on Copley Drive for traffic entering the project site. A sidewalk does not exist adjacent to the project site's property line along Copley Drive. The applicant will be required to install a five foot wide sidewalk along the total property frontage at Copley Drive. The sidewalk is required to be installed south of the existing parkway, five feet beyond the existing curb in order to maintain consistency with the pedestrian access within Gateway Corporate Center. The City has a Trip Reduction and Travel Measure Ordinance No. 1 (1993). The Ordinance pertains to a trip reduction and travel demand management that promotes alternative transportation methods and parking management programs. The Ordinance's applicability begins with non-residential development of 25,000 square feet or more. The proposed project is approximately 73,000 square feet, as such, it is required to comply with the City's Trip Reduction and Travel Demand Measures. Parking lot lighting and exterior site lighting was not submitted. The applicant is required to submit a exterior lighting plan and a parking lot lighting plan/study for the City's review and approval prior to the issuance of a building permit. Although a flat pad exists Approximately, 3,129 cubic yard of earth imported. southeastern portion of th southwestern portion of th on the site, some grading is proposed. yards of fill is proposed with 198 cubic The fill will occur at the north and project site. Cuts will occur in the a project site. 5 Landscaping/ irrigation is proposed. The City's current code requires that 10 percent of the net area be landscaped. As referenced in the comparison chart, Gateway Corporate Center requires that 15 percent of the gross usable lot area (including front setback area but excluding all natural and -graded side and rear yard slopes) be landscaped. The City's new code also requires a minimum 15 percent of the site area to be landscaped. Approximately 15 percent of the gross usable lot are (including front setback area but excluding all natural and graded side and rear yard slopes) will be landscaped. The applicant is required to submit. a final landscape/irrigation for the City's review and approval prior to the issuance of a building permit. 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. A trash/recycle enclosure is provide, within the parking lot. The applicant is required to submit a detail of the enclosure. signage is not a part of this applicant. Proposed signage will be reviewed at a later date. The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The Environmental Impact Report (SCH 80121218) that reviewed the entire development of Gateway Corporate Center and which contemplated the type of use proposed by this project, required that the following traffic mitigation measures be installed. The traffic mitigation measures required by the EIR have been installed. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 98-4 has been prepared. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on November 2, 1998. Public hearing notices were mailed to approximately 26 property owners within a 300 foot radius of the project site on October 29, 1998. C1 RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 98-13, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. 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 any adopted architectural criteria for specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2. Approval of the design and layout of the proposed project 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 project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990), City Design Guidelines and the City's General Plan; 4. The design of the proposed project would 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; and 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Prepared by: Ann J. L n, ssociate Planner 7 Attachments: 1. :Draft resolution; 2. :Exhibit "A" - site plan, grading plan, floor plan, elevations, parking structure section and -colors/materials ]board dated November 24, 1998; 3. ;9pplication; and 4. Correspondence regarding Gateway Corporate Center's architectural committee dated October 29, 1998. PLANNING COMMISSION RESOLUTION NO. 98 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 98-13, A REQUEST TO CONSTRUCT A THREE-STORY, COMMERCIAL OFFICE BUILDING OF APPROXIMATELY 73,000 SQUARE FEET WITH A TWO- LEVEL PARKING STRUCTURE FOR ALLSTATE INSURANCE. THE PROJECT SITE IS LOCATED AT 21950 E. COPLEY DRIVE, (LOT 23, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1.. The property owner, Diamond Bar Business Associates c/o AEW Capital Management, LP and applicant, Opus West Corporation have filed an application for Development Review No. 98-13 located at 21950 E. Copley Drive, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on November 24, 1998 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on November 2, 1998. Twenty-six property owners within a 300 foot radius of the project site were notified by mail on October 29, 1998. 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 determines that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact 1 .. , Report (SCH No. 80121218) for Tract No. 39679 actiry ng to the California Environmental Quality Act of 1 (CEQA) and guidelines promulgated thereunder, puL` Section 15162 (a) of Article it of the California Coda 't_ Regulations. 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 relates to a vacant, 9.067 acre lot with a 163,738 square foot (3.79 acre) graded pad, within a commercial business center identified as Gateway Corporate Center. (b) The project site has a General Plan land use designation of Professional Office (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. Additionally, development within the OP designation will maintain a floor area ratio (FAR) between 0.25 and 1.00. (c) The project site is within the Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone. This zoning designation permits general office uses as proposed (d) Generally, the following zones surround the project site: to the north is the Open Space (OS) Zone; to the south, east and west is the C-M-BE-U/C Zone. (e) The proposed Development Review is a request to construct a three-story, commercial office building of approximately 73,000 square feet to be utilized for Allstate Insurance. Additionally, the request included a two-level parking structure. (f) The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated 2 historic districts, theme areas, specific pli4iN community plans, boulevards, or planned F� developments. �Jy The proposed project provides for the establishment of office -based working environment for general offices within the General Plan's OP land use designation. Pursuant to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the medical facility through its exemplary design, use of materials and colors, and landscaping which will offer a variety of plant species. The building setbacks from Golden Springs Drive is 80.66 feet and from Copley Drive is 45 feet. These setbacks are appropriate in relation to the scale of the proposed building with its height of three-stories/45 feet and the street right-of-ways which are 84 feet for Copley Drive and 95 feet for Golden Springs Drive. The General Plan suggests that walls be minimized and utilized only for screening. Walls are not part of the proposed project. Screening for mechanical equipment is designed as part of the building parapet. The proposed project's architectural style, construction materials and colors are consistent and compatible with the existing structures within Gateway Corporate Center and has received the Center's architectural committee's approval. 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 Gateway Corporate Center. (g) 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. The proposed general office building is within the Commercial -Manufacturing -Billboard Exclusion - Unilateral Contract (C-M-BE-U/C) Zone which permits the purposed use. The proposed project's site is within the established Gateway Corporate Center which permits general office uses. General office uses were originally reviewed and approved for the Center. 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. M 1. Improve that portion of the proposed bikeway along Golden Springs Drive fronting on 4ateway Corporate Center; 2. Golden Springs Drive shall be widened to provide left -turn pockets at both entrance streets to the Center; and - 3. Traffic signals shall be installed on Golden Springs Drive, at the two entrance drives to the Center. Due to the above referenced and installed mitigation measures and the traffic analysis and site plan evaluation prepared by Linscott Law and Greenspan, dated November 13, 1998, the design and layout of the proposed general office building will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and 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 22.72 of Development Review Ordinance No. 5 (1990), City Design Guidelines and the City's General Plan. Gateway Corporate Center and its Unilateral Contract were 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 Unilateral Contact, thereby adopting the specified development standards. However, the proposed project's architectural style, Contemporary, construction materials and colors are consistent and compatible with the Unilateral Contract and with the existing structures within Gateway Corporate Center. Furthermore the proposed project has received the Center's architectural committee's approval. The proposed architectural design is consistent with the City's Development Review Ordinance in that the project: minimizes grading effect by utilizing the existing pad and preserving the slopes which surround the project site ; maintains public health, safety and general welfare by the installed traffic mitigation measures and the issuance of City permits and inspections; and has and orderly and harmonious design and appearance of the proposed structure, the parking area and landscaping. 4 As also referenced in Item 4 (f), the proposed project's design is consistent with the applicable elements of the General Plan. Therefore, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review Ordinance 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 findings, the proposed project's design is consistent with the applicable elements of the General Plan through its exemplary design, use of materials, colors and landscaping. The proposed materials of glass, aluminum and steel are low maintenance and long lasting. The varieties of texture and color add to the design's good aesthetics. Therefore, 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. (j) The proposed development will not be detrimental to 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 and the Building and Safety Division, Public Works Division, Health Department and Fire Department requirements. The referenced agencies' involvement will ensure that the proposed medical offices/urgent care facility is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 15. 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, grading plan, floor plan, elevations, parking structure section, final landscape/irrigation plan, final exterior and parking lot lighting plan and k, colors,/materials board collectively labeled as`� Exhibit "A" dated November 24, 1998, as submitted 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 con- struction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Prior to the issuance of a building permit, the applicant shall submit a final landscaping/ irrigation plan which delineates plant species, size, quantity and location, for the City's review and approval. The landscape/irrigation plan shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly before the issuance of any City permits. (d) Prior to the issuance of a building permit, the applicant shall submit an exterior lighting plan and a parking lot lighting plan/study for the City's review and approval. (e) The proposed project shall comply with the City's Trip Reduction and Travel Measures Ordinance. Prior to final inspection or Certificate of Occupancy, the applicant shall submit a congestion management plan for the City's review and approval. (g) Prior to the issuance of a building permit, the applicant shall submit a revised site plan with the site driveway "throated" for approximately 50 feet to ensure that vehicles accessing the parking spaces located south of the proposed office building do not impede the flow of traffic onto the site and queue onto Copley Drive. Additionally, the "dead end" parking area at the northeast corner of the site shall be redesign. The revised site plan shall be reviewed and approved by the City. (h) Prior to the issuance of a building permit, the applicant shall submit a final detail of the trash/recycle bin enclosure for the City's review and approval. 6 (i) The applicant shall provide a sidewalk adjacent to the building's south elevation which leads to Copley Drive. (j) Before the issuance of a grading permit, a complete grading plan shall be submitted in accordance with the City's grading requirements for the City's review and approval. Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist. (k) The complete grading plan shall delineate the existing and proposed topography, finished surface, finished grade, flow line, etc. and proper drainage with details and sections. (1) A soils report shall be required, incorporating the scope of the proposed development in the review and analysis. The soils report shall give appropriate recommendations for the construction of the project. Before the issuance of a grading permit, the soils report shall be reviewed and approved by the City. (m) Applicant shall be responsible for sewer and storm drain connections and shall ensure connection with the L.A. County Department of Public Works for storm drain and sewer lateral if there is none currently available. Additionally, applicant shall pay the County Sanitation District for connection fees. (n) Applicant shall comply with all National Pollutant Discharge Elimination System (NPDES) requirements and shall obtain the necessary permits. (o) Appropriate driveway shall be installed and location delineated on the plans. Driveway and parking ramps slope shall not exceed 15 percent. An encroachment permit shall be required for driveway off-site improvement. (p) The applicant shall install a five foot wide sidewalk along the total property frontage at Copley Drive. The sidewalk shall be installed south of the existing parkway, five feet beyond the existing curb in order to maintain consistency with the pedestrian access within Gateway Corporate Center. The applicant shall obtain an encroachment permit for this improvement. (q) If required by the City, the applicant shall provide a left hand turn lane on Copley Drive for traffic entering the project site. (r) All new handicap parking shall comply with the new State Handicapped Accessible Regulations. Plans shall delineate path of travel, including cross 7 slope percentage for handicap parking spaces the building and compliance with van parking. 41% Additionally, all bathrooms designed in compliance with Accessible Regulations. and ramps shall b State Handicapped`, (s) Plan check submittal shall include -irrigation plans. (t) The applicant shall obtain the Los Angeles County Fire Department's approval. (u) Plans shall be engineered to meet wind loads of 80 m.p.h. (v) The office building and parking garage structure shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (w) This.grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (x) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, 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 grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (y) 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: Diamond Bar 8 Business Associates, c/o AEW Capital Manageient, LP, 601 S. Figueroa, #2150 , Los Angeles, CA 90017; and Opus West Corporation, 2030 Main Street, Irvine,. CA 92614. APPROVED AND ADOPTED THIS 24TH DAY OF NOVEMBER 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. - BY: Joe McManus, Chairman 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 24th day of November 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary I ,4 • CITY OF DIAMOND BAR t COMMUNITY DEVELOPMENT DEPARTMENTS 9 I 21660 E. Copley Drive Suite 190 � FPL # '05 - ,D Deposits 00. ee (909)396-5676 Faz (909)861-3117 y DEVELOPMENT REVIEW APPLICATION Receipo ��r r-� By Date R IV 66 DEC • _4 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: / certify th t / am the owner of the herein described property and permit the application to rile this request. Signed_ (AMI record owners) Date Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Oous West Corooratinn (Mpucant or Agent) Signed_ f ipnt or Agent) Date 16-z- I p Location_ 21950 E. Q -n -1v Drive (Street address or tract and lot number) Zoning_ C-M-BE-1iC '-- HNM /t/ H 3 3 ? Previous Gases None b Aicant Present Use of Site Vacant Land Use applied for 3. tOrY office buildin and 1 -level arkin structure Record Owner Applicant Applicant's Agent Name Diamond Bar Associates Opus West Corporation Address C/O AEW Capital Mgmt, LP 2030 Main St. Suite 520 601 S. Figueroa Suite 2150 City Los Angeles, CA Irvine, CA Zip Phone 90017 (213) 312-2611 92614(949) 622-1950 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: / certify th t / am the owner of the herein described property and permit the application to rile this request. Signed_ (AMI record owners) Date Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Oous West Corooratinn (Mpucant or Agent) Signed_ f ipnt or Agent) Date 16-z- I p Location_ 21950 E. Q -n -1v Drive (Street address or tract and lot number) Zoning_ C-M-BE-1iC '-- HNM /t/ H 3 3 ? Previous Gases None b Aicant Present Use of Site Vacant Land Use applied for 3. tOrY office buildin and 1 -level arkin structure Legal description: (all ownership comprising the proposed lot(s)/parcel(s). Lot 23 as per Tract Map No 39679 in the County of Los Angeles as per map recorded in Book 1083 pages 14-21 inclusive of Tract Maps in the Office of the County Recorder of Said County. Area devoted to structures 61,350 S.F. Landscaping/Open space 50.000 S.F. Project size 72,750 G.S.F. Lot Coverage 15.50/oProposed Density184 (Units/Acres) Style of A rchitecture Contempora Number of Floors Proposed Three (3) Slope of Roof Flat (114" per FT) Grading Yes If yes, Quantity See cut & fill Cut 4174 C.Y. Fill 3976 C.Y. Import Yes If yes, Quantity 198 C.Y. Export No If yes, Quantity 1. Area devoted to structures = Building footprint + parking structure footprint. 2. Landscaping/Open Space = Landscaping provided within net usable site area. (15% of net usable site area is required). 3. Project size = Gross Building Floor Area. 4. Lot coverage = Building footprint + parking structure footprint _ by gross lot area (24,550 + 36,800)/394,961. 5. Proposed density = Gross Building Area = Gross Site Area (72,7501394,961) ,1 T AEW VIA FEDERAL EXPRESS October 29, 1998 " , C.Ipa ° `lamlgement Jefferson E. Hill, Jr. ",.;.''1"'."Cdcn°``.` F,4 Director Real Estate Development rill) 1. --a S;fl'm Suac 21 � kn'zrle'.C.A )OII1_ I4o; Opus West Corporation i,h,, ,c 21 1) (,.10 ;M 2030 Main Street #520 Irvine, CA 92614 Re: Approval of Plans for Lot 23 Dear Jeff: This letter shall serve as approval by the Architectural Committee, pursuant to Article V of the Master Declaration of Covenants, Conditions and Restrictions of Gateway Corporate Center, of the plans and specifications submitted by your firm for the development of Lot 23. Said approval is based upon review of the following documents: • Conceptual Site Plan, dated 10/1/98 • Conceptual Floor Plan, dated 10/1/98 • Conceptual Elevation, dated 10/1/98 • Conceptual Grading Plan, dated 10/1/98 • Preliminary Landscape Plan, dated 10/30/98 As noted in Article V of the CC&R's, owners are expected to develop improvements in conformance with the approved plans. Should you have any questions or comments, please contact me at 213-312-2611. cer y, Michael S. Per Vice President MSP/ma STORM DRAIN %•'� i� LUT NUMBER: 23 SAT :;WAY CORPORATE CZEN T`.R C7 --'?131,1D, n -:.R 0 a, d �il> CD p CCD 'o CD 0 O r -y �G G CD C) O O ►y O� tTj F w g g •• tA' J U Tin G"i0G1Qfin p p' W Vl VJ [/� Vl VJ VJ Asn 41 QI IN g � x o z y X �y O o 0 o 0 0 0 a o A y A r r a ^ a X ' z 7 W rD 11 RM FlAl'' • �i Project Description and Location C: \WP6D\LINDAKAY\FlUHIb1NDCI[)BX %-2, 922 CITY OF DIAMOND BAR ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of six parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts Part 6 Sources PART 1. - BACKGROUND 1. City Project Number: Development Review No 98-13 2. Project Address/Location: 21950 E. Copley Drive t 23 of Tract No 39679), -Diamond Bar. Los Angeles County California 91765 3. Date of Environmental Information Form submittal: October 10, 1998 4. Applicant: Onus West 2030 Main Street Suite 520 Irvine CA 92614 (949)622-1950 Property Owner: Diamond Bar Associates, c/o AEW Capital Management LP Address: 601 Figueroa Suite 2150 City/State/Zip: Los Angeles CA 90017 Phone: (213)312-2611 AADR98.131S 11/17/98 1 Fax: N/A 1,ead Agency: Cily of Diamond Bar Contact: Ann J. Lung Associate Planner Address: 21660 E. CMIcy Drive, i 190 City/State/Zip: Diamond Bar. CA 91765 Phone: (909) 396-5676 Fax: (909) 861-3117 General Plan Designation: Professional Office (OP - Max 1.0 FAR) Zoning: Commercial -Manufacturing Unilateral/Cont ct (C M TT/r) Zone 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The application is a request for approval to construct a three story office building approximately 73 000 square feet and a two level narking structurewith one level below g=rade and one level above grade The parking lot will provide 147 narldngipaces The lyi!o-level parlang structure will provide 228 parking spaces Therefore a total of 37 Darlang sroaces will be provided. The pr�sed use for this application is Allstate Insurance. Days and hours of operation will be Monday throu hg Friday from 6:00 a.m. IQ 7:00 p. m. with approximately, 350 employees The project site is a vacant lot of approximately 3 76 acres It is located within Gateway orporate Center which was approved by Los Angeles County and completed b, ly 986 atewav o rate Center was pro sed to service the eastern San Gabriel Valley's demand for professional office facilities m a location with regional access Development within a ewav =orate Center can generally be charactPrjzed as professional office research and development and commercial The project was approved with extensive entiQn placed on compatibility with the community and providing off-site improvements to respond to impacts created by the project A Master Environmental Impact (HEIR) was prepared and approved by Los Angeles County Regional Planning_ The document identified impacts principally related to geotechnical hazards air quality, i ta. archeolo6c /paleontology scenic ouality and traffic/access A:XDRW13.IS 111/17/96 :The mitization measures developed and approved for Gateway CoMorate Center identified the need for: Conditions. Covenants and Restrictions (CC&Rs); detailed design guidelines that related to grading, pad development and circulation within the center: off- site traffic mitigation measures that included expansion of Golden Springs Drive: and ontribution to funds for improvements required for future development phases. The developer of Gateway Corporate Center has met these mitigation measures. as prescribed ;in the MEIR 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The proposed project is located on Lot 23 at 21950E Copley Drive within the Gateway !Corporate Center Gateway Coraorate Center is located south and east of the SR 57 and ;4R 60 Freeways' junction within the City of Diamond Bar. Generally. to the northwest of the project site lies South Coast Air Quality Management District (SCAQMD - Lot ;1) and an approved project for St Jude's Medical Center (Lot 2) which will begin construction in the near future Adjacent to the project site Lot 22 is vacant 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): lone. 11. ]List City of Diamond Bar related applications for this project that must be processed simultaneously: None. 12. ]List prior projects for this parcel: None. A:NDR9&13.IS 111171% 3 y 6 at oR It 107914 SEE MAP NO III H 333 a a�� e' 5-7937 ' y V/sTA SEC 17 ' �: PM 90-7-8 �9Gy y m A' W 012 m 4 w ; ti S rp c� 0 1 01. AN E GAT \ c*4 �i . 1 r Qp t\ / + n N + .- e 0 W � �.X,- `\ y 6 at oR It 107914 M • I V , k, • o , Initial study (Environmental Information and Environmental Checklist) C:\WP60\LJNDAKAY\FOR1S\MMEC98-2.922 PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following; pages. 1. Land Use and Planning _ 9. Hazards — 2. Population and Housing _ 10. Noise — 3. Geologic Problems _ 11. Public Services — 4. Water _ 12. Utilities & Service Systems — 5 Air Quality _ 13. Aesthetics _ 6. Transportation/ Circulation _ 14. Cultural Resources 7. Biological Resources _ 15. Recreation _ 8. Energy & Mineral 16. Mandatory Findings Resources _ of Significance _ 4 AADR98.133S 11/17/98 PART 3- DETERMINATION to be completed by Lead Agency On the basis of this initial evaluation: Project Number: DR No. 98-13 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Date Lu40--u- Printed Name For 5 AADR98-13AS 11/17/98 PART 4 •- EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis.) 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a ";Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other C:EQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section SVII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 6 AADR98-13AS 11/17/99 ENVIRONMENTAL ISSUES C. Be incompatible with existing land uses in the vicinity? Source #s: General Plan, P. I-27, p.8 -Fig. 2; Los Angeles County Zoning Code, CM-BE-U/C Zone d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Source #s: Project site plan; Master Environmental Assessment (MEA), X P. II -E-1-16 7 AADR98-IMS 11117/96 Potentially Significant Potentially Unless Lew Than Miugauon Significant No Significant Signi Impact Incorporated Impact Impact <'hi9 •»xs:J:zJ:. :a:: .:a::.:»;«,>. :::zxss:Jiz.:;;}:ic ..;iii•'.:`:?<?:"^�`::ii::i: a. Conflict with General Plan designation or zoning? Source #s: General Plan, p. I-27; X Los Angeles County Zoning Code, Ch. 22.28 Part 3 b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Source #s: General Plan, p. III -10 et seq.; EIR for Tract No. 39679; Unilateral Contract No. 85-763963; Gateway Corporate Center Design X Guidelines C. Be incompatible with existing land uses in the vicinity? Source #s: General Plan, P. I-27, p.8 -Fig. 2; Los Angeles County Zoning Code, CM-BE-U/C Zone d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Source #s: Project site plan; Master Environmental Assessment (MEA), X P. II -E-1-16 7 AADR98-IMS 11117/96 Environmental Issues - continued potentially significant Potentially unleu Less Than Significant Mitigation Significant Impact Incorporated Impact b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: 1990 Census of Population and Housing; MEA, p. H-1-19; EIR, p. 38 C. Displace existing housing, especially affordable housing? Source #s: 1990 Census of Population and Housing; MEA, p. 1I-1-19; General Plan, p. I-1 et seq, p. II -1 et seq; project site plan No Impact X X X X 8 AADRWIMS U/171% Environmental Issues - continued a. Fault rupture? Source #s: General Plan, p. N-2, 3, Fig. IV -1; MEA, p. H -B-8, EIR Section III A. p. 7-10 b. Seismic ground shaking? Source #s: MEA, p. H -B-14, p. II - b -10, Fig. H -B-5, EIR Section III A. p. 7-10 C. Seiche (water tanks, reservoirs)? Source #s: Walnut Valley Water District Street Map 1996 d. Landslides or mudflows? Source #s: General Plan, p. IV -3, Fig. IV -1; MEA, p. H -B-3, Fig. II- B -2; EIR Section III A. p. 7-10 e. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Source #s: General Plan, p. IV -3, Fig. IV -1; project's preliminary soils report f. Subsidence of the land? Source #s: MEA, p. H -B-16; project's preliminary soils report g. Expansive soils? Source #s: MEA, P. H -B-16; project's preliminary soils report Potentially Significant Potentially unless Lea. 'nun Significant Mitigation Significant No Impact Incorporated Impact Impact X XI Om X X X WAN 9 A:\DR9&13.IS 11/17AB Envirorumental Issues - continued Potentially Significant Unless Potentially Significant Mitigation Incorporated hwact h. Unique geologic or physical features? Source #s: MEA, Fig. II -A-1; project's preliminary soils report a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: City of Diamond Bar Public Works/Engineering Division; project's soils report b. Exposure of people or property to water related hazards such as flooding? Source #s: General Plan, p. IV4, Fig. IV -2; FEMA Flood Panel No. 0650430980 B, Zone C, 12/2/80 C. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Source #s: MEA, p. II -C-3, 4, Fig. II -C-1 d. Changes in the amount of surface water in any water body? Source #s: MEA, p. II -C-3, 4, Fig. II -C-1 e. Changes in currents, or the course or direction of water movements? Source #s: MEA, p. II -C-3, 4, Fig. II -C-1; Site/Grading Plan Lew 11= Significant Impact No Impact X II X I X X MA wo 10 A.NM96.13.0 11/17N9 Environmental Issues - continued Potentially significant Potentially Unless Leas Than Significant Mitigation Significant No Impact incorporated Impact Impact f. Change in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source #s: MEA, p. II -C-3, 4, Fig. X II -C-1; Site/Grading Plan g. Altered direction or rate of flow of groundwater? Source #s: City of Diamond Bar Public Works/Engineering Division; X project's preliminary soils report h. Impacts to groundwater quality? X Source #s: MEA, p. II -P-3-8 i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? X Source #s: MEA, p. II -P-3-8 a. Violate any air quality standard or contribute to an existing or projected air quality violation? Source #s: SCAQMD Air Quality X Handbook b. Expose sensitive receptors to pollutants? Source #s: MEA, p. II -F-8-10, Fig. X II -F-3 �1 AADR98.13.15 11/17/W Environmental Issues - continued Potentially Significant Potentially Unless Leu Than Significant Mitigation Significant No Impact Incorporated Impact Impact C. Alter air movement, moisture, or temperature, or cause any change in climate? Source #s: SCAQMD Air Quality X Handbook d. Create objectionable odors? X Source #s: Project application a. Increased vehicle trips or traffic congestion? Source #s: Trip Generation, 6th Edition, Institute of Traffic Engineers, 1991; project's traffic analysis and site evaluation prepared by Linscott Law and Greenspan, dated Nov. 13, 1998; Traffic Study Report Gateway Corporate Center, LL&G, January 23, 1990 X b. Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Source #s: City's Public X Works/Engineering Division C. Inadequate emergency access or access to nearby uses? Source #s: Multihazard Functional Plan, City of Diamond Bar, 1992; X General Plan, p. V-1 12 AADR99-13.15 11r17/96 Environmental Issues - continued Potentially Significant Unless Potentially Mitiga Significant tion Impact Incorporated d. Insufficient parking capacity on-site or off-site? Source #s: Los Angeles County Planning and Zoning Code, Ch. 22.52 Part 11; Gateway Corporate Center Design Guidelines, Section 2.7; project site plan e. Hazards or barriers for pedestrians or bicyclists? Source #s: General Plan, p. V-13, Fig. V-4 f. Conflicts with adopted policies supporting transportation (e.g. bus turnouts, bicycle racks)? Source #s: General Plan, p. V-22 g. Rail, waterborne or air traffic impacts? Source #s: MEA, p. II -T-36 a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Source #s: MEA, p. II -D-1-8; General Plan, p. III -11; project site plan; application data; site visit Leu Than Significant No Impact Impact MM X OEM WAR 13 A:\DR9&13.t'i 11117M Environmental Issues - continued b. Locally designated species (e.g. heritage trees)? Source #s: MEA, p. II -D-1-8; General Plan, P. III -11; Los Angeles County Planning and Zoning Code c. Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? Source #s: MEA, p. H -D-1-8; General Plan, p. III -11; Los Angeles County Planning and Zoning Code d. Wetland habitat (e.g. marsh, riparian and vernal pool)? Source #s: MEA, p. H -D-1-8; General Plan, P. III -11; Los Angeles County Planning and Zoning Code e. Wildlife dispersal or migration corridors? Source #s: MEA, P. H -D-1-8 & 18 a. Conflict with adopted energy conservation plans? Source #s: General Plan, P. III -14; Uniform Building Code 1994 AMR99-1335 11/17/96 Potentially Significant Potentially Unless Leos Than Significant Mitigation Significant No Impact Incorporated Impact Impact x II X x X 14 Environmental Issues - continued Potentially significant Potentially Unless significant Mitigation Impact Incorporated b. Use non-renewable resources in a wasteful and inefficient manner? Source #s: MEA, p. II -S-1; Uniform Building Code 1994 C. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Source #s: MEA, p. H -B-17 a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Source #s: MEA, p. II -M-1; project application b. Possible interference with an emergency response plan or emergency evacuation plan? Source #s: Multihazard Functional Plan, City of Diamond Bar, September 22, 1992 C. The creation of any health hazard or potential health hazard? Source #s: General Plan, p. IV -1 et seq; project application d. Exposure of people to existing sources of potential health hazards? Source #s: General Plan, p. IV -1 et seq; project application AADR96&1:3AS 11/17/96 Less Than significant Impact No Impact X II RM XI X 15 Environmental Issues — continued Potentially Significant Potentially Unlew Lew Than Significant Mitigation Significant No Impact Incorporated Impact Impact e. Increased fire hazard in areas with flammable brush, grass, or trees? Source #s: MEA, p. II -K-1; project X landscape/irrigation plan a. Increases in existing noise levels? Source #s: General Plan, p. IV -15; X MEA, p. II -G-1 et seq b. Exposure of people to severe noise levels? Source #s: General Plan, p. IV -15; MEA, p. II -G-1 et seq; City's X Noise Ordinance a. Fire Protection? X Source #s: General Plan. p. VI -3 b. Police Protection? X Source #s: General Plan. p. VI -3 C. Schools? X Source #s: MEA, p. II -0-1 d. Maintenance of public facilities, including roads? X Source #s: General Plan. p. VI -2 e. Other governmental services? Source #s: General Plan, p. VI -1 et X seq AADRWJ3X; 11117M 16 Environmental Issues - continued Potentially Significant Potentially Unless Leas Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Power or natural gas? A:1DR9&13.IS 11/171% 17 Source #s: General Plan, p. I-18, X VI -2 b. Communication systems? Source #s: General Plan, p. I-18, X VI -2 C. Local or regional water treatment or distribution facilities? Source #s: General Plan, p. I-18, X VI -2 d. Sewer or septic tanks? Source #s: General Plan, p. I-18, X VI -2 e. Storm water drainage? Source #s: General Plan, p. I-18, X VI -2 f. Solid waste disposal? Source #s: General Plan, p. I-18, X VI -2 g. Local or regional water supplies? Source #s: General Plan, p. I-18, X VI -2 A:1DR9&13.IS 11/171% 17 Environmental Issues - continued Potentially Significant Potentially Unleas Lew Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Affect a scenic vista or scenic highway? Source #s: General Plan, p. III -10 X et seq b. Have a demonstrable negative aesthetic effect? Source #s: General Plan, p. III -10 et seq; Development Review Ordinance No. 5 (1990); Gateway X Corporate Center Design Guidelines C. Create light or glare? Source #s: Development Review Ordinance No. 5 (1990): Gateway _ X Corporate Center Design Guidelines a. Disturb paleontological resources? X Source #s: MEA, p. II -H-1 et seq b. Disturb archaeological resources? X Source #s: MEA, p. II -H-1 et seq C. Affect historical resources? X Source #s: MEA, p. II -H-1 et seq d. Have the potential to cause a physical change which would affect unique ethnic cultural values? X Source #s: MEA, p. II -H-1 et seq e. Restrict existing religious or sacred uses within the potential impact area? X Source #s: MEA, p. II -H-1 et seq AMR96-13.0 11/17/% 18 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated a. Increase the demand for neighborhood or regional parks or other recreational facilities? Source #s: General Plan, p. H-1 et seq b. Affect existing recreational opportunities? Source #s: General Plan, p. II -1 et seq a. Does the project have the potential ............:... to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? A:1DA9&13.I.S 11/17/98 Less Than Significant No Impact Impact X X X 19 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact C. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the X affects of probable future projects) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? 17. :EARLIER ANALYSES Earlier analyses may be used here, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: -I) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. c:) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. e: DR9¢-13.0 tv17Ae Environmental Issues - continued A:\DR9&13.LS 11/17/96 21 ., i C:\WP60\LBiDArAY\FOR15\pBMEC9B-2.922 I M %Jqw,1) `' ` �: • Environmental Finding PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. 1. :LAND USE AND PLANNING a. The project site is located within the General Plan land use designation of Professional Office (OP). This land use designation provides opportunity for the establishment of office -based working environments for general professional, and administrative offices, as well as support uses. The propose project (Allstate Insurance) is an office use. Therefore, the proposed project is consistent with the General Plan land use designation for the project site. The project site is located within the Commercial -Manufacturing -Billboard Exclusion-Unilateral/Contract (C-M- BE-U/C) Zone. This zone allows for a variety of land uses by -right and with a Conditional Use Permit. The land uses contemplated within this classification include but are not limited to the following: professional office, research and development, light manufacturing, medical offices and clinics, commercial retail, restaurants, hotels, physical fitness centers and government services. Other ancillary and support uses such as day care facilities, gymnasiums, dry cleaning services, and automobile rental and leasing agencies are permitted. This zoning classification encourages uses that can benefit the community in many ways including sales tax revenues and attracting an employee base with additional buying power. b. The proposed project does not conflict with applicable environmental plans or polices adopted by the City of Diamond Bar or other agencies with jurisdiction over this project. The proposed project is consistent with the General Plan's land use designation for the project site. The proposed project has been reviewed pursuant to CEQA requirements and found to have no significant effect on the environment. In addition, the Gateway Corporate Center Design Guidelines provide development criteria applicable to all lots and addresses building envelope, lot coverage, parcel access, and design elements that restrict building height, exterior material and landscape pallet. Furthermore, the Gateway Corporate Center architectural committee conducts review of all such projects and approved this project. The proposed project is an office land use which is consistent with the General Plan, Zoning, the Gateway Corporate Center Design guidelines and the existing uses within the Center. Therefore, the proposed project is compatible with existing land uses in the vicinity. d. There are not agricultural resources or operations in the vicinity of the project area. e. Gateway Corporate Center is a professional/retail center that provides no existing residential development or opportunities for residential development. The proposed project is consistent with the character of the surrounding development and therefore A:%DR9&13.LS 11/17/96 22 will not disrupt or divide the physical arrangement of an established community including a low-income or minority community. 2. POPULATION AND HOUSING .a. The nature of Gateway Corporate Center lends itself to attracting businesses in need of regionally accessible transportation opportunities, affordable lease rates and an educated employee base. The proposed tenant may possess employees who reside outside of the area. Existing employees will take one of the following actions: commute from outside the area; relocate to this area; or find different employment. It is assumed that some of the replacement personnel will be from this area. If not from this area, these employees will exercise on of the aforementioned actions. These factors were contemplated when the application to develop Gateway Corporate Center was approved by Los Angeles County and were found not to be in conflict with the regional housing projects for the area. The Center was found to provide consumers for the expanding housing opportunities present in the central San Gabriel Valley at the time of review. Presently, these conditions persist and the proposed project is consistent with regional and local housing projections. b. The proposed project is located in an area with existing commercial development and existing infrastructure that can accommodate the proposed project and contemplated development as reviewed within Gateway Corporate Center's approved EIR. Therefore, it is not anticipated that this project will induce substantial growth either directly or indirectly. c. The proposed project site is a vacant, graded lot with a buildable pad, zoned for commercial -manufacturing development, consistent with the policies presented in the General Plan. Additionally, housing was not contemplated in Gateway Corporate Center's original approval. 3. GEOLOGICAL PROBLEMS a. No portion of the City has been identified as in an Alquist-Priolo Special Studies Zone. The closest fault is the Diamond Bar Fault, which is described as a "small inactive local fault". Historically, there is no record of any earthquake with an epicenter in Diamond Bar of its Sphere of Influence, and no significant movement has ever been recorded for the Diamond Bar fault. The Whittier -Elsinore fault lies approximately four miles from the project site and has been active in historic times. Three faults with the greatest potential for activity are located in excess of 20 miles from the proposed project. Therefore, likelihood of fault rupture is limited. b. The proposed project lies within Zone 1, or Relative Ground Response Low (RGR1). Under current building and engineering codes which consider ground shaking, any impacts from seismic ground shaking may be considered less than significant. AADR98.13.IS 11./17/98 23 .i f c. The closest reservoir is the Ambushers Reservoir, approximately six miles form the project site, in a different drainage basin. If seiche occurs, it will not affect the project site. Additionally, the project is not located near any volcanic mountain regions. There are no large bodies of water in close proximity to the project site. d. The proposed project site does not lie within a potential liquefaction zone. Additionally, the nature of the underlying material on the project site, the lack of ground water and the existing and proposed drainage conveyance devices within Gateway Corporate Center further diminish occurrences of liquefaction. e;. Pursuant to the project's soils report, all slopes impacting the subject site are considered to be grossly and surficial stable. The slopes constructed during mass grading operations were built at a slope ration no greater than 2:1 (horizontal to vertical) and appear to be in accordance with previous project plans and specifications. These slopes appear to possess a safety factor of 1.50 or greater for gross stability. However, to minimize future erosion, the slope landscaping shall consist of a suitable proportion of deep rooted slope plantings classified as being drought resistant. Additionally, weather conditions may require additional erosion control measures such as matting, netting and plastic sheeting. f. The proposed project site is graded with a buildable pad created in conjunction with the development of Gateway Corporate Center. Pursuant to the project's soils report, Subsidence should be 0.1 feet due to earthwork operations. g. Pursuant to the project's soils report, the project site does contain expansive soil (sandy silt and shale). However, the proposed structures will be safe from excessive settlements by meeting the following requirements of: the City's Building Code; the City's Grading Ordinance; site inspections during grading and construction activities; "Specifications for Compaction Fill Operations" with in the project's soils report; deepened foundation into the underlying bedrock; and removing all disturbed soils prior to placement of any additional fill or pavement. h. Pursuant to the project's soils report, there are no significant or unique geologic of physical characteristics found on the project site. 4. WATER a. Development of the project site will reduce pervious surfaces thereby increasing surface runoff. Runoff will be directed from on-site drainage devices into off-site drainage devices designed to accommodate runoff from the project site. The impacts associated from the increased runoff are expected to be insignificant. AADRW13.13 111/l7/96 24 b. The project site is not located within a flood hazard area and adequate drainage devices have been incorporated into the drainage plan Gateway Corporate Center, as well as the proposed project. c., d., e. There is no body of surface water on the project site or the vicinity of the project. Therefore, no impacts related to surface water features, quality or flow will affect the project site. f. The proposed project will not impact the quantity of groundwater but will have an insignificant impact on the recharge of groundwater because of the reduction in pervious surfaces. g., h. The proposed project will not effect the direction or rate of flow of groundwater or groundwater quality due to conditions described above (a. through f.). i. The proposed project will not cause a significant reduction in groundwater supplies or the availability of groundwater for public water supplies. 5. AIR QUALITY a. Air quality will be affected during grading operation, however, it is not expected to be significant with procedures that will be implement to reduce air emissions. Additionally, such emissions are not expected to exceed those listed within the SCAQMD Air Quality Handbook. b. There are no known sensitive receptors within one-half mile of the project site. Therefore, any impacts to sensitive receptors will be insignificant. c.. The proposed project is not expected to alter air movement, moisture, or temperature, or cause any change in climate. d„ During the grading phase of the proposed project, diesel fuel odor may be emitted, however, based on the scope of the proposed grading operation the impact is not expected to be significant. 6. TRANSPORTATION/CIRCULATION a. The applicant submitted a traffic analysis and site plan evaluation for the City's review and approval. The analysis, dated November 13, 1998 was performed by Linscott Law and Greenspan. The study indicates that the proposed project is expected to generate 1,000 daily two-way trips, with 145 trips (129 inbound, 16 outbound) anticipated during the AM peal commute hour. At the PM peak commute hour, it is anticipated that 147 trips (22 inbound, and 147 outbound will be generated. The additional traffic generated by the proposed project is not expected A:MR99-13.LS Ill/17/99 25 to impact the operating conditions of Golden Springs Drive and Copley Drive. At completion and occupancy of the proposed project, the Golden Springs/Copley Drive intersection is forecast to operate at LOS C or better during the AM and PM peak commute hours of a typical weekday. The review of the site plan indicates that access to the proposed project site is adequate. The on-site layout of the proposed project is adequate. However, the analysis recommends that the site driveway be "throated" for approximately 50 feet to ensure that vehicles accessing the parking spaces located south of the proposed office building do not impede the flow of traffic into the site, and queue onto Copley Drive. This mitigation measure will require the deletion of at least the first two parking spaces on the south side of the primary entry/exist drive aisle. The analysis also indicated that no modifications to the existing median or changes in the existing striping on Copley Drive are required to accommodate site access/egress turning movements. Suggested mitigation measures will be instituted as the project's conditions of approval. b. The proposed project is compatible with the established land uses within Gateway Corporate Center and land uses identified within the General Plan and Zoning Code. Hazards identified within the traffic report will be mitigated and instituted as conditions of approval. c. Issues related to access will also be review in the traffic report. Mitigation measures will be implemented as conditions of approval. d. The proposed office building is approximately 73,000 square feet. Pursuant to Code, one parking is required for each 250 square feet of gross floor area. Therefore, 292 parking spaces are required. However, the project site will provide 375 parking spaces. Therefore, the provided number of parking spaces exceeds the minimum parking requirement. e. The proposed project has included measures to accommodate and facilitate pedestrian access and circulation. There are no identifiable barriers to bicyclists' circulation or access. f. The proposed project's design is consistent with the General Plan's goals, objectives and strategies supporting circulation and transportation. g. No rail, waterborne, or air traffic facilities or operations are in the vicinity of the proposed project. Therefore, the project will not impact these facilities or operations. 7. BIOLOGICAL RESOURCES a. -e. The project site is a vacant, graded site with a buildable pad area that does not contain locally designated natural communities or wetlands, In the absence of these A:\DR9&13.IS II/17/96 26 1 , i conditions, a determination has been made that the site is incapable of supporting endangered, threatened or rare species. The site currently supports non-native grasses, various types of rodents and unlisted migrating animal species such as coyotes, deer and domestic species. 8. ENERGY a., lb. The proposed project will be required to comply with the UBC design and construction standards, thereby conforming to the City's energy conservation standards. c. the proposed project site is not within an area identified as possessing mineral resources of regional value. Therefore, it is not anticipated that the proposed project will result in the loss of availability of mineral resources that would be of future value to the region and residents of the State. 9. HAZARDS a. The proposed project will likely utilize hazardous materials, such as oil, diesel fuel, etc. during the construction phase. It is anticipated that these materials utilized during the construction phase will generated less than significant impacts. b. The proposed project will not interfere with the City's emergency response plan or evacuation plan. C. It is not anticipated that the proposed office use will create any health hazard or potential health hazard. d. There are no known health hazards on or in the vicinity of the project site. Therefore, it is not expected that the proposed project will expose people to potential health hazards. e. The proposed project is not located within Fire Zone 4 and development of the site and installation of landscaping and irrigation will not create fire hazards. 10. NOISE a., b. The project site is located within an area impacted by noise generated by the SR 57 and SR 60 Freeways and Golden Springs Drive. The proposed project's development will generate noise impacts but not to a level that surpasses existing sound levels. Therefore, the proposed project will not generate significant noise levels nor expose people to severe noise conditions. A:IDR9&13.IS 11/17/98 27 S . • 11. PUBLIC SERVICES a., b. The proposed project will receive fire protection and police protection services from the Los Angeles County Fire and Sheriff Departments. Currently, these agencies provide service to Gateway Corporate Center. It is anticipated that the proposed project will not require the development of new or expanded facilities or services. c. The proposed project is located within the Walnut Valley School District. The District is in need of permanent facilities. It is not anticipated that the proposed office project will create a significant demand to the District. However, the project is required to pay school fees as part of the development fees paid to the City. d. The project will create impacts to the City's streets and sewage systems. However, these impacts were identified and mitigated as part of Gateway Corporate Center's development. e. No other specific governmental services have been identified that may be impacted by the proposed project. 12. UTILITIES AND SERVICE SYSTEMS a. -g. The development of the proposed office project will not result in the need for new systems or supplies or substantial alterations to the following: power or natural gas; communication systems; local or regional water treatment or distribution facilities; sewer systems; storm drainage systems, solid waste disposal systems, 13. AESTHETICS a. -c. The proposed project will be developed in compliance with the Design Guidelines of Gateway Corporate Center and the City's Development Review Ordinance and Design Guideline standards. As a result, the proposed project will be consistent with the existing development within the Center and surrounding area by utilizing good architectural design and features, as well as compatible and pleasing colors and materials. The only source of light and glare may emanate from the sunlight reflected on windows and the on-site lighting. However, on-site lighting will be shielded and installed in a manner that will not reflect light or glare on to neighboring properties, Copley Drive and/or Golden Springs Drive. 14. CULTURAL RESOURCES a. There are no paleontological sites identified within the City and the site has sustained extensive grading as part of the Center's development. Therefore, it is not anticipated that the site's development will disturb paleontological resources. A:WR98-13.LS 11/171% 28 ,0 4 b. There are no archaeological sites identified within the City and the site has sustained extensive grading as part of the Center's development. Therefore, it is not anticipated that the site's development will disturb paleontological resources. c. No historical sites have been identified within the vicinity of the project site and none are expected. Therefore, development of the proposed project will not affect historical resources. d., e. No unique ethnic cultural values, religious or sacred uses are located within a quarter mile of the project site. Therefore, the proposed project will not have the potential to create adverse impacts on said resources. 15. RECREATION a., b. Office projects of this type are not generally associated with creating adverse impacts on parks or other recreation opportunities. Employees will generally be from outside the City and will primarily use those facilities where they live. As such, it is not anticipated that the proposed project will increase the demand for neighborhood or regional parks or other recreational facilities or affect existing recreational opportunities. AADR96-13.15 11/17/96 29 City of Diamond Bar PLANNING COMMISSION Staff Re ort AGENDA ITEM NUMBER; 8.3 REPORT DATE: November 19, 1998 MEETING DATE: November 24, 1998 CASE/FILE NUMBER: Development Review No. 98-14 and Conditional Use Permit No. 98-10 APPLICATION REQUEST: To change an existing deli into a restaurant and to serve beer and wine for on-site consumption PROPERTY LOCATION: Giuseppe's Restaurant 958 N. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Beal Bank 15770 N. Dallas Parkway Dallas, TX 75248 APPLICANT: Blair Hightower 958 N. Diamond Bar Boulevard Diamond Bar, CA 91765 BACKGROUND: The applicant and property owner are requesting approval of Conditional Use Permit No. 98-10 and Development Review No. 98-14 (pursuant to Code Sections 22.28.260.A. and 22.72.020.A(4)). The request is to construct and modify the existing suite at 958 N. Diamond Bar Boulevard in the Oak Tree Plaza from a current deli to a restaurant, an intensification of land use. The removal and rearrangement of interior walls to accommodate the restaurant use does not alter the suite's square footage of 1,588. The Applicant has also requested Conditional Use Permit approval to permit alcohol sales for on-site consumption. The project site has a General Plan land use designation of Commercial Office (CO). Pursuant to the General Plan, the land use designation provides for land use areas that are diverse, Waxed uses of commercial retail, office, and service properties. The zoning designation for the project site is Commercial -Manufacturing (C -M). Premises in Zone C -M may be used for retail sales, recreation, amusement, and services. Services include restaurants and other eating establishments, as well as food take-out. Generally, the following zones and uses surround the project site: to the north and east the zones are Single Family Residential (R-1-8000) and Limited Multiple Family Residential Zone (R-3-8000); to the west is State Road 57/60 and the City of Pomona; and to the south is the C -M Zone. ANALYSIS: DEVFr OEMM r REVIEW In 1990, the City established Development Review Ordinance No. 5. Its purpose is to: support the General Plan's implementation; stress quality community design standards; encourage an orderly and harmonious appearance of structures and property; assist development to be more cognizant with public concerns of aesthetics; reasonably ensure that new development does not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general and preserve significant topographic features. Pursuant to the Development Review Ordinance's Section 22.72.020.A(4), an application for Development Review is required for any and all commercial, industrial, institutional development which involves the issuance of a building permit for construction or reconstruction of a structure. Additionally, Development Review is required for a project which involves a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant. Therefore, the proposed project, requiring the issuance of a building permit and a change in land use, requires a Development Review by the Planning Commission. The project site is located in the Oak Tree Plaza in a commercial suite in Building A. The Plaza has three buildings: the bowling alley (Oak Tree Lanes); Building A, Giuseppe's Italian Deli and seven other suites; and Building B with five suites. There is no change to the site's exterior building facade. The applicant has requested outdoor dining where he brings the tables and chairs in at closing and puts them out before opening. Pursuant to Code Section 22.28.070.G(6), Development Standards for Restaurants in the C -M Zone, a Conditional Use Permit for outdoor dining is exempt if the tables and chairs are removed daily, therefore a Conditional Use Permit is not required. After visiting the site, it was noted that the patio tables are located in front of a vacant adjoining suite. The placement of the tables and chairs is conditional based on the approvals by the Plaza's owner, Beal Bank, the Department of Alcoholic Beverage Control, and the current Building and Safety Codes. Currently, the site is in compliance with the original Conditional Use Permit No. 85-061-(1) issued by Los Angeles County Department of Regional Planning which states that a minimum of 302 off-street parking spaces shall be provided on the subject property. Based on the current uses, vacant suites, and the proposed restaurant, a minimum of 176 parking spaces are required. Prior to final inspection, the applicant shall restripe the parking lot to comply with ADA requirements as determined by the City. The hours of operation and peak hours of operation for the proposed uses are as follows: BUSINESS HOURS OF OPERATION PEAK HOURS OF OPERATION 1 OAK TREE LANES Monday through Sunday 9:00 am.-2:00a.m. Monday through Friday 6:00 p.m - 9:00 P.m. Saturday 9:00 am. - 11:00 am Sunday 5:00 p.m. - 8:00 p.m 2 VACANT 3 VACANT 4 GIUSEPPE'S Monday through Saturday - 8:00 am - 6:30m CLOSED SUNDAY p' M � onlay O Friday 8:00 am - 9:30 am Monday through Saturday 11:00 a.m. - 1:30 p.m. and 4:00 P.m. - 6:00 p.m. 5 TOUCH OF CLASS HAM Wednesday through Friday 10:00 a.m. - 7:00 p.m. SAME SALON Saturday 8:00 a.m. - 5:00 p.m. CLOSED SUNDAY, MONDAY, 'TUESDAY 6 VACANT 7 M.S.R. DANCE Monday through Thursday 3:00 p.m. - 8:30 SAME STUDIO p.m. Friday 4:00 p.m. - 6:30 p.m. Saturday 9:30 a.m. - 12:00 p.m. CLOSED SUNDAY 8 EAST VALLEY EMERGENCY Monday through Friday 6:00 p.m. - 8:00 a.m. Weekends Saturday 12:00 p.m. - PET CLINIC Weekends Samrda 12:00 Y p.m. to Monday Monday a.m. 8:00 a.m. 9 CONTINENTAL HAIR FASHIONS Tuesday through Friday 9:00 a.m. - 7:00 Saduday 8:00 a.m. - 5:00 p.m. p.m. . Satuuday 8:00 A.M. - 5:00 p.m. ------------ CLOSED SUNDAY 10 VACANT 11 DIAMOND BAR CLEANERS Monday through Friday 7:00 a.m. - 7:00 p.m. Monday Hugh Friday 7:00 a.m. - Saturday 8:00 a.m. - 6:00 p.m. CLOSED 9:00 a.m. do 4:00 p.m. - 7:00 p.m. Saturday 8:00 a.m. - 3:00 SUNDAY p.m. 12 HEAD TO TAIL PET GROOMING Tuesday through Saturday 8:00 a.m. - 5:00 Tuesday through Saturday 8:00 a.m. p.m. CLOSED SUNDAY - 10:00 a.m. and 4:00 p.m. _ 5:00p.m. 13 CHECK Monday, Thursday, Friday 8:00 a.m. - 7:00 CASHING p.m. CENTER Tuesday, Wednesday 10:00 a.m. - 7:00 p.m. Saturday 9:00 a.m. - 5:00 p.m. CLOSED SUNDAY Monday through Friday 8:00 a.m. - 1:00 p.m. and 4:00 p.m. - 7:00 p.m. Saturday 9:00 a.m. - 4:00 p.m. 14 OAK TREE Monday through Thursday 8:00 a.m. - Daily 4:00 p.m. - 7:00 p.m. LIQ10:30 m. MARKETT Friday do Saturday 8:00 a.m. 11:00 p.m. SILmdav 8:00 a.m. - 10:30 p.m. A site visit indicated dead ground cover in the planters. Prior to final inspection, the applicant shall replace missing and/or dead ground cover to match existing. Additionally, the applicant shall insure that the existing irrigation system is operating properly. Section 22.56.010, Conditional Use Defined -Purpose of Permit, and Section 22.28.260(A), Uses Subject to Permits, of the current Code (Los Angeles County Planning and Zoning Code) allows for the sale of alcohol for on or off-site consumption provided a Conditional Use Permit is obtained. A "conditional use" at this site as defined in Section 22.56.010 means a use which because of characteristics peculiar to it and because of its location with reference to surroundings requires special consideration relative to placement. Such a use may be approved with or without conditions. The sale of beer and wine at the site requires the Planning Commission to approve the request for the conditional use and to require the permit to be in full force and effect in conformity with the conditions of the permit as stated in the attached resolution. The Department of Alcoholic Beverage Control has been contacted and a permit is in process. The Department requires the approval of the Conditional Use Permit No. 98-10 for issuance of its permit. The Public Works Division and the Building and Safety Division have reviewed this project. Their recommendations are included within the draft resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt, Section 15301(a). NOTICE OF PUBLIC HEARING: 4 Notice for this project was published in the Inland Valley Daa. BLtiPr;., iel Valley Trib ine on November 2, 1998. Public hearing notices wer lmaie mai ed and approximately , an Gabr84 Property owners within a 500 foot radius of the project site on Actober 29, 1998. RECOMMENDATION.- Staff ECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 98-10 and Development Review No. 98-14, Findings of Fact and conditions resolution. as listed within the attached REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. That the proposed use at that location will not be in substantial conflict with the adopted general plan for the area; and 2. That the requested use at that location will not: a. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or b. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or C. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare; and 3. That the proposed site is adequate in size and shape loading facilities prescribed in the Code, or as is oise req red in�order the parkin integrate said use with the uses in the surrounding area; and 4. The proposed site is adequately served by highways or streets of sufficient width, Diamond Bar Boulevard and State Road 57/60, and improved as necessary to carry the kind and quality of traffic such use would generate and by other public or private servi as are required. ce facilities REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, City's Design Guidelines, and any adopted architectural criteria for specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 5 2. Approval of the design and layout of the proposed project 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 project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General Plan; 4 The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; and 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS! 1. Draft Resolution of Approval; 2. Exhibit "A" - Application, site plan, floor plans and elevations; 3. Correspondence C:\WP60URMAMYWLkNM NG\MOIEM\I)R9&14\STM4WHr.WPD P M A. B. PLANNING COMMISSION RESOLUTION NO. 98 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-10, DEVELOPMENT REVIEW NO. 98-141 A REQUEST TO MODIFY AN EXISTING 1,588 SQUARE FOOT COMMERCIAL SUITE FROM AN EXISTING DELI TO A RESTAURANT AND FOR THE SALE AND ON- SITE CONSUMPTION OF BEER AND WINE. THE PROJECT SITE IS LOCATED AT 958 NORTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. 1. The property owner, Beal Bank and applicant, Blair Hightower have filed an application for Conditional Use Permit No. 98-10 and Development Review No. 98-14 located at 958 North Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Bar on November 24, 1998 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daffy Bulletin newspapers on November 2, 1998. Eighty-four property owners within a 500 foot radius of the project site were notified by mail on October 29, 1998. 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 project identified above in this Resolution is categorically exempt from requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15301 (a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 1 F 3. Based on the findings and conclusions set forth ni this Planning Commission hereby finds as follows: (a) The project site is approximately 1,588 square feet. It is located at 958 North Diamond Bar Boulevard, in a retail shopping center commonly known as the Oak Tree Plaza. The project site is -currently developed as Giuseppe's Delicatessen in a 1,588 square foot suite. (b) The project site has a General Plan land use designation of Commercial Office (CO). Pursuant to the General Plan, this zone consists of land use areas that are diverse, mixed uses of commercial retail, office, and service properties. (c) The zoning designation for the project site is Commercial-Manufacturing(C-M). Premises in the C -M Zone may be used for retail sales, recreation, amusement, and services. Services include restaurants and other eating establishments, as well as food take-out. Generally, the following zones and uses surround the project site: to the north and east the zones are Single Family Residential (R-1-8000) and Limited Multiple Family Residential (R-3-8000); to the west is State Road 57/60 and the City of Pomona; and to the south is the C -M Zone. (d) The proposed Application is a request to modify an existing suite at 958 S. Diamond Bar Boulevard in the Oak Tree Plaza from a deli to a restaurant, an intensification of land use. The restaurant plans to incorporate the sale of beer and wine for on-site consumption. The removal and rearrangement of interior walls to accommodate the restaurant does not alter the suite's square footage of 1,588. The application is also a request for a CUP approval to permit alcohol sales for on-site consumption. MTN (e) The proposed project use is not in substantial conflict with the adopted general plan. The proposed project will consist of retail/service commercial use and therefore complies with the General Plan. (f) The proposed project, at the proposed location, will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or The project site is within a Commercial -Manufacturing Zone and is immediately adjacent to other commercial 2 sites. The proposed uses are consi with the Zoning Code and other commercial reta mi permitted in the zone andses surrounding commercial developments.e As such,- itis not expected that the proposed project, at he proposed location, will adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (g) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or The proposed project is an intensification of use from an existing deli which offered minimum food service. The proposed restaurant use as well as other food services in the area are pursuant to the Code and allowed in the C -M Zone. Additionally, no adverse letters or comments have been received from notified residents in the 500 foot radius. (h) The proposed project will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and The proposed project, with the incorporation of conditions of approval as presented in the Resolution and as findings above in Item (f) and (g), will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. (i) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and The project site is 1,588 square feet. The project site is located in the Oak Tree Plaza in a commercial suite in Building A. The Plaza has three buildings: the bowling alley (Oak Tree Lanes); Building A, Giuseppe's Italian Deli with seven other suites; and Building B with five suites. There is no change to the site's exterior building facade. The applicant has requested outdoor dining where he brings the tables and chairs in at closing and puts them out before opening. Pursuant to Code Section 22.28.070.G(6), Development Standards for Restaurants in the C -M Zone, a Conditional Use Permit for outdoor dining is exempt if the tables and chairs are removed daily. Therefore, a CUP is not required. 3 hb (j) The proposed site is adequately served by s streets of sufficient width, and impro3e� necessary to carry the kind and quantity of tra�f' such use would generate and by other public or Private service facilities as are required. The project site is served by major arterial identified as Diamond Bar Boulevard, which is designed to accommodate the proposed use. Therefore, the proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate and by other public or private service facilities as are required. (k) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The project site has a General Plan land use designation of Commercial Office (CO). Pursuant to the General Plan, the land use designation provides for land use areas that are diverse, mixed uses of commercial retail, office, and service properties. The proposed project and uses are considered retail and service commercial uses as required by the General Plan. Pursuant to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the project site. As there is no change to the site's exterior configuration, the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's general plan and design guidelines of the appropriate district. (1) 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. The existing site of the proposed project is within the Commercial -Manufacturing Zone (C -M). The C -M Zone permits a wide range of retail and service 4 commercial uses, including those pro this Application. There is no change to s exterior configuration, and the current�sf adequate in size and shape to accommodate walls, fences to the yar , landscaping and other kdevelop ent f aturesoading f prescribed in the Code, or as re Prescribed o integrate said use with the uses in the surrounding area. The site's current architectural, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan and City Design Guidelines. (m) 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 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan. There are no changes purposed in the architectural design of the existing commercial structures at the project site. The site's current architectural exterior design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance to the existing structures, parking area and landscaping; and has an existing architectural design that is compatible with the surrounding commercial uses. As also referenced in Item 3 (k), the proposed project's design is consistent with the applicable elements of the General Plan. Therefore, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review Ordinance and General Plan. (n) 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 site's current exterior applicable elements development standards exemplary design, use 5 above findings, the project design is consistent with the of the General Plan and of the zone through its of materials, colors and landscaping. The proposed materials oInd tile are low maintenance and long lasting, he varieties of texture and color add to the design's good aesthetics. Therefore, 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. (o) The proposed development will not be detrimental to 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 and the Building and Safety Division, Public Works Division, Health Department, Industrial Waste and Fire Department 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. >. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application sub- ject to the following conditions: (a) The project shall substantially conform to application, site plan, floor plan and 'elevations collectively labeled as Exhibit "A" dated November 24, 1998, as submitted and approved by the Planning Commission and as modified herein. (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 of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2 Ir r� j (c) Prior to final inspection, the applicant shall restripe the parking lot to I comply with ADA requirements as determined by the City. (d) Prior to final inspection, the applicant shall replace missing and/or dead ground cover. Said ground cover shall match existing. Additionally, the applicant shall insure that the existing irrigation system is operating properly. (e) Hours and days of operation shall be from 8:00 a.m. to 6:30 p.m., Monday through Saturday. (f) Outdoor patio dining shall consist of removable tables and chairs. Said tables and chairs shall be placed outside of the restaurant's suite only and shall not block the way for pedestrian travel. (g) Applicant shall obtain appropriate permits for Alcohol and Beverage Control. (h) All mechanical equipment shall not be visible to the public. (i) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles Country. Proper notification shall be made to the Los Angeles County Sanitation District of use changes. (j) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. All wastes generated by the food service and food distribution sources shall be properly disposed of in a manner that said wastes are not discharged into the Municipal Separate Storm Sewer System. (k) All utility improvements shall be made prior to occupancy. Should there be any cuts in the public right -of -way, the applicant shall obtain appropriate encroachment permits and pay the required fees. (1) Applicant shall comply with the following ADA requirements: (1) Provide handicap parking lot signage; (2) Delineate path of travel (striping) from parking lot to building; this path of travel shall not exceed a two percent slope; (3) Handicap parking shall comply with the State Handicap Accessible Regulations including van parking and one handicap parking space; (4) Handicap parking spaces shall be located on the shortest route to the main entrance; 7 P t F -Maus (5) Access doors and restrooms shall be clearly marked with the handicap symbols; (6) Ramps shall be handicap accessible; and (7) Two exits. (m) The applicant shall obtain the _Los Angeles County Fire Department's approval. (n) Occupancy for the proposed restaurant shall not exceed 70. (o) Plans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (p) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year exten- sion may be requested in writing and submitted to the City 30 days prior to the expiration date. (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, 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 grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (r) 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. (s) Conditional Use Permit No. 85-061-(1) shall remain in full force and effect. 8 • 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, tg: Beal Bank, 15770 N. Dallas Parkway, Dallas, Texas 75243 and Blair Hightower, 958 N. Diamond Bar Boulevard, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24TH DAY OF NOVEMBER 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passedadopte by the Planning Commission of the City of DiamondBar,, and na regular meeting of the Planning Commission held on the 24th day of November 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary C:\WPG0\LINDAKAY\PLANC0MM\PROJECTS\DR9B-14.RES W CITY OF :DTA—MOND Bk COMMUNITY DEVELOP LENT DEPARTMENT 21o;'(0 E. Copley Drive Suite 1')0 (909)396-5676 F<x (900)861-31117 DEVELOPMENT 1?cN;'VCEW A1'PLIC:ATION Case# FPL ## _ Deposit $ `_ Receipt# By Date Rec'd Record Owner Applicant Applicant's Ag¢ t Name �'<-� � l r"t�` _ j�Gi �l10f) x, [/�� _- ?k' /i 1 1 � �}i7FF� f�-. (Last name first/) (Last name first) y (Last name first) Addrass /-'-' J7(�` city Phone(dot Phone,) Phone( NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and dirccwrs of corporations.) Consent: I certify, tAyT�I I am the owne a the herein described property and perrnit the applicant to file this request. Signed_ Date (All "record owners) Cerhficati'on: I, the undersigned, hereby certify underpenalty of perjury that the information herein provided is correct to the best of my knowledge. // r Print Name// l (Applicant or A ent) % (� Signed����: ,kL Date (APplica (i X ent) Location �(Sr� ,�i�f�C�j� f.'rf5L5' (Street address or tract and lot number) Zoning Previous Gases Present Use: of Site _ 7/`}L.✓�11J 1�("G / Use applied for. —_� ��1_1��c 1�f l / //1; jL� c c , - /l/rfi /;?!)(,'%T�j)/,}�._ STrj-t /.�iy'i=) ��`I'�Ef�/.'� f_g t��fi�J��T; /f��"1 I`71Y•>/i/�'1�9� 7 L3 c "09 0 0 Z EXHIBIT HIGHLAND VALLEY PD. fT II ro 1~I ~0 z Z .1 19o• , -10 r-3\ <7tl I/P 19 ell�417- Cog 17 C- 2777 J4 4p 1 /�-' ��- � C ✓y -�- ._ (i ,) -' 1� y � � 1r' � ..�.q �--_ �U/Y� VV J PRoPo� LADIES WASHROOM UTILITY ROOM O OPEN 0110 ILI i K CD C O i Q D O z 2 LU f - Q a W O co W V uj W H F� 2 W a, O WUJ C� �LU LU (L V a