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HomeMy WebLinkAbout06/22/1999COMMISSION AGENDA JUNE 229 1999 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 11660E Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda iters, please call. (909) .396®5676 during regular business hours. In an effort to comply with a. requirements ofTitle DevelopmentCity of Diamond Bar requires that any person j I n need of any type of special equipment, assistance or accommodarion(s) in order to communicate at a City public meeting must inform the Dept. of Community 09 i a minimum o: 72 hours prior to the scheduled meeting, Please ref rain f turn mwking, eating or drinking in the Auditorium and encourages you to do tfie same. The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may addre the Commission on the subject of one or more agenda items and/or other items of which are within the subject matt 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 cornments will take place at the discretion of the Chair. However, in order V6 kVkWCWU-i iu eilt' 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. CACULIXIIIZIUMIL)IN LU Lie-SIaLT-all[i City Council. 71-1r=lie .0-1,spense WI M 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 lict on item that is not on the posted agenda. I 19IMN Off"610092 N 21 W11,111 KOK' &I [ON I 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. AmIzati&9i'l 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. 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.diarnond-bar.cams PTAN-NTNC- COMMISSION CITY OF DUMOND BAR i ,,, Vw 7 r 1' !i1 `: 1 f VE, 1 W! a v. � �,� -, w� 1. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice Chairman Steve Nelson, George Kuo, Joe McManus and Joe Ruzicka. This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 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: June 8, 099 7.1- Conditional Use Permit No. 98-7, Development Review No. 98-12, and Variance No. 99-2 (pursuant to Code Section Chapters 22.58, 22.48 and 22.54) is a request to construct an automated hand car wash. The car wash will consist of the following: a wash tunnel; retail sales boutique, approximately 2,089 square feet; three -bay lube center, 1,140 square feet; detail center with office, approximately 1,467 square feet; six -bay auto service center, approximately 4,150 square feet; fuel dispensers; vacuum, queuing and drying areas; two platforms to display new car sales; and retaining wall with a maximum height of 18 feet. The Variance is requested due to the retaining wall's height in excess of six feet. (Continued from June 8, 1999.) d:\\agenda\p1anrdng/june 22, 1999 June22, 1999 PC Agenda — Page I PROPERTY ADDRESS: 515 S. Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER/ Mathew Tachdjian APPLICANT: Col-Arn Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Qualit� Act (CEQA), the City has determined 7 that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 99-3 has been prepared. The Negative Declaration review period concluded on April 24, 1999. Pursuant to CEQA Section 15164, Addendum to Negative Declaration No. 99-3 has been prepared. No further environmental review is required. RECOMIAENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2, Negative Declaration No. 99-3, Addendum to Negative Declaration No. 99-3, Finding of Facts, and conditions of approval as listed within the resolution. all i 1.3 "1 1 8.1 Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2 is a request for a one year extension of time for the referenced permits and a reduction of lots from four to three. PROJECT ADDRESS: 3000 Block of Steeplechase Lane between Hawkwood Road and Wagon Train Lane Diamond Bar, CA 91765. PROPERTY OWNER/ Warren Dolezal APPLICANT: 4251 S. 11iguera Street San Luis Obispo, CA 93401 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the Mitigated Negative Declaration is adequate for this project (Section 15073). No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission receive a report from staff and presentation from the applicant, open the public hearing and receive public testimony, discuss the proposed extension and modifications, and direct staff to prepare a resolution of approval for consideration on July13, 1999. 8.2 Development Review No. 99®4 (pursuant to Code Section 22.48) is a request to construct a two-story office building of approximately 18,400 gross square feet. PROJECT ADDRESS: 1315 S. Valley Vista Drive (Lot 5 of Tract No. 39679) Diamond Bar, CA 91765. PROPERTY OWNER/ Diamond Bar Business Associates, c/o AEW Capital Management, LP 601 S. Figueroa, Suite 2150 Los Angeles, CA 90017 d:\\agenda\p1anning/june 22, 1999 June22, 1999 PC Agenda — Page 2 APPLICANT: Bernard Abrams 750 N. Diamond Bar Boulevard 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, Negative Declaration No. 0-5 has been prepared. The Negative Declaration's review period begins June 1, 1999, and ends June 21, 1999. R.ECOMNIENDATION: Staff recommends that the Planning Commission approve Developmelm Review No. 994, Negative Declaration No. 99-5, Findings of Fact and conditions of approval as li wiffiin ffie resolution. . 1 COMMITTEE: 010,211% 1 IN, NO *1� FE-1-11MINNI-21 F-1314HUTIO-ILKIA =W" 1-91 . REVIEW MEETING: It Ito) K&Awr I IV '66)-ow"Wag --- -- - -8-1 Thursday, June 24, 1999 — 700 P.M. AQMD Board Hearing Roon-� 21865 E. Copley Dril Tuesday, June 29, 1999 ® — 6:30 P.M. AQMD Auditorium, 21865 E. Copley Drive Tuesday, June 29, 1999 — 500 P.M. AQMD Auditorium, 21865 E. Copley Drivi; mrrw mint 1, 1 observance of the Holiday. City Offices will reopen Tuesday, July 6, 1999. 4-hursday, July 8, 1999 — 700 P.M. AQMD Board Hearing Room, 21865 E. Copley Dril W U W- F."teliNfI; X. 0- 1 - .'0"" Ws Mot ME I I d:\\agenda\p1anning/june 22, 1999 June22, 1999 PC Agenda - Page 3 PLANNING COMMlSSION MEETING: Tuesday, July 13, 1999 ® 7:00 P.M. AQMD Auditorium, 21865 E. Copley Drive CONRJNCTIONWrMTBE DIAMOND BAR CHAMBEk OF COMMERCE pwIng-M111=0 ! 1 -1 X aiii M11 401 -VyAmjt jj�-&-acafas through November 1999) AQMD, CC6,21865 E. Copley Drive d:\\agenda\p1aru-iing/junc 22, 1999 June22, 1999 PC Agenda — Page 4 11 F Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management -Auditofiurn, 21865 East Copley Drive, Diamond Bar, California. Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager; David Liu, Deputy Director of Public Works; Ann Lungu, Associate -Planner; Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of May 25, 1999, as presented. Motion carrie-i OLD BUSINESS: Norn DCM/DeStefano presented staff s report. He explained that staff has reviewed the fist and concluded that all of the proposed projects are consistent with the City's General Plan. Staff recommends that the Planning Commission review the Fiscal Year 1999-2000 Capital Improvement Program for conformance with the City's General Plan pursuant to California Government Code Section 65401. DCM/DeStefano responded to C/Ruzicka that the skateboard park is a project that is fisted within t adopted Parks Master Plan. Members of the community asked that this project be considered as a part t the 1999/2000 Capital Improvement Plan, During preliminary budget discussions the City Council econcludi &\Vtinutes\ uneg 1999.doc WZ�WTW that this project should be considered within the upcoming budget year. The proposed location for the project has not yet been identified,. There has been discussion about including such a facility within an existing City park such as Pantera Park or Peterson Park. There has also been some discussion of locatinj the facility at the end of Sunset Crossing Road between the YMCA facility and the Little League facility. 0=7 77-M -- 7_116 -Mrs _=077 MR '—p -MY 073 Ly-rwo-f M FUE aa?Ts a srira5le location can be found toaccommodate a skateboard park. VC/Nelson said he hopes the location will serve to be flexible so that if skateboarding is no longer in vogue ihat the site will have other uses. C/Ruzicka moved, C/McManus seconded, to adopt Resolution 99-14 finding the proposed Fiscal. ••9 '000 Capital Improvement Project listing in conformity with the City's General Plan. Motion carried by the following Roll Call vote: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye None None None 1. Conditional Use Permit No. 98-7, Development Review No. 98-12 and Variance No. 99-2 (pursuant to Code Section Chapters 22.58, 22.48 and 22.54) is a request to construct an automated car wash. The caf wash will consist of the following: A wash tunnel; retail sales boutique, approximately 2,089 ' square feet; three -bay lube center, 1, 140 square feet;, detail center with office, approximately 1,467 square feet; six -bay auto service center, approximately 4,150 square feet; fuel dispensers; vacuum, queuing and drying areas; two platforms to display new car sales, and retaining wall with a maximum height of 18 feet. The Variance is requested due to the retaining wall's height in excess of six feet. (Continued from May 25, 1999). PROPERTY ADDRESS: 515 S. Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER/ Mathew Tachdjian APPLICANT: Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 dA4ninutes\june8 1999.doc JUNE 8, 1999 PAGE 3 DCM/DeStefano presented staff s report. Staff recommends that the Planning Commission open the Public Hearing, receive public testimony afid continue the projeces Public Hearing to June 22, 1999, in order to give staff an opportunity to review the pertinent information provided by the applicant and traffic engineer. VC/Nelson reiterated that if the inflatables are not needed as a competitive advantage, he would like to see ehew. removed. Rtill Schubert, speqldng for the applicant, said that he agrees with sta,6�s recommendation to continue this matter to June 22,PI999. The applicant is aware of some discrepancies in the traffic studies. The traffic engineer and staff will meet tomorrow to work out some of these discrepancies. FOR: i I I I !Nl1TlWlqJl�lpJlllqlll 111 1 Jill C/McManus moved, C/Ruzicka seconded, to continue the Public Hearing for Conditional Use Permit No. 98-7, Development Review No. 98-12, and Variance No. 99-2, to June 22, 1999. Motion carried 5-0. DCM/DeStefano stated that staffs report will address Commissioner's concerns including VC/Nelson's concerns regarding the inflatables. 1. Conditional use Permit No. 99-2, Minor Conditional Use Permit No. 99-4 (pursuant to Code Section 22.58 and 22.56) is a request to provide dancing (through the Conditional Use Permit process), outdoor dining and the saleband on-site consumption of beer and wine (through the Minor Conditional Use Permit process) at an existing restaurant structure (previously identified as Casa O'Brien) that will be reopened as Cafe Iflustrado. PROJECT ADDRESS: 22640 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: Jae Choon Shin 1020 S. Los Angeles Street, Suite B Los Angeles, CA 90015 APPLICANT: James Carson 1241 S. and Avenue, Unit H Diamond Bar, CA 91765 AssocP/Lungu presented staff s report. Staff recommends that the Planning Commission approve Conditional Use Permit No. 99f2, Minor Conditional Use Permit No. 99-4, and Negative Declaration No. 99-6, Findings of Fact and conditions of approval as listed within the attached resolution. dA\minutes\june8 1999.doc AssocPALungu responded to Chair/Tye that dancing is proposed for special occasions and private parties only. This can be specified as a coWition of approval if requested by the Commission. Exhibit A states that existing windows will be removed. Wa- PITTIM =71. Drive driveway. When the applicant seeks an encroachment permit, staff will look at the opportunity to vAden or modify the driveway. AssocP/Lungu confirmed that the patio hours are the same as the hours of operations, according to the application. 3-im Carson stated that the patio will be used only up until about 10:00 p.m. He clarified that the ballroom dancing is not just for special occasions. The restaurant plans to offer ballroom dancing on Friday and Saturday nights every week. In addition, dancing will be offered for special occasions. 123=1 Ong - M-1 Chair/Tye asked if, as a part of the Conditional Use Permit, the City can limit the hours of beer and wine being served. I 511-Tassion 71,17y Do -W-fi7a it ROVER is reasonable and appropriate according to ABC. On weekends the applicant may wish to serve a brunch and the Commission needs to take these matters under consideration. Mr. Carson responded to Chair/Tye that he does not intend to serve wine and bee ' r in the morning hours. He would like to beable to serve wine and beer until 2:00 a.m. Between the hours of 11:00 a.m. to 2:00 a.m. would be reasonable. He said he plans to serve brunch every Sunday from 10:00 a.m. until 3:00 p.m. 1 � 9 -111 C I I W 1 6, 170 ZT-1 M Tt. f Ki I m i 11�111 1111pill 11 17) - Me ITVITC� d111111114. -1-19411 1110 MCI Lit, Q patio area. C/McManus moved, C/Ruzicka seconded, to approve Conditional Use Pen -nit No. 99-2, Minor Conditional Use Permit No. 99-4, and Negative Declaration No. 99-6, Findings of Fact and conditions as listed within the resolution subject to the hours of serving of wine and beer be limited to 10:00 a.m. to 2:00 a.m. seven days a week. Motion carried by the following Roll Call vote: dAVninutes\june8 1999.doc a -UNE 8® 1999 PAGE 5 AYES: CONMSSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tyc NOES: COMNUSSIONERS: None ABSENT: COMMISSIONER& None ABSTAIN: COMMISSIONER& None PLANNING COMffdISSION COMNMNTS: C/Ruzicka said he was somewhat disturbed to see so many traffic signals proposed for tho City. He said he hopes there is some thought to expediting traffic movement that does not involve traffic signals. He stated he has noticed that traffic signals at Montefino Avenue and Quail Summit Drive are coordinated to stop traffic rather than create a smooth traffic flow. DDPW/Liu pointed. out that the new installations on Diamond Bar Boulevard are in the process of timing coordination implementation. When this is implemented, the motorist ' s �Arifl not experience the concerns expressed by C/Ruzicka. The signals provide safer and easier ingress/egress to the side streets. As listed in the agenda. C/McManus moved, VC/Nelson seconded, to adjourn the meeting. There being no further business to come befor'; the Planning Commission, Chair/Tye adjourned the meeting at 8: 10 p.m. = �rM James DeStefano Attest: Steve Tye Chairman dAVninutes\june8 1999.doe INTEROFFICE MEMORANDUM CommissionersTO: Chairman and Planning FROM: Ann J. Lungu, Associate Planner SUBJECT: Conditional Use Permit No. 98-7, Development Review No. 98-12 and Variance No. 99®2 for Diamond Par Honda Car Wash located at 515 South Grand Avenue June 14, .. On April 27, 1999, the referenced project was presented to the Planning Commission at a public hearing. At that time, the public hearing was opened; public comments were received; an• the public hearing was continued to May 11, 1999. Pursuant to the applicant's request, the public hearing was continued to May 25, 1999 and June 8, 1999. The continuances allowed the applicant additional time to addressissues discussed at theApril .... 1999 iw . • • -. The applicant did submitted the information required addressing the outstanding - but * _ in _ for staff to review and submit a staff report for the June 8, 1999 continued public hearing. Therefore, pursuant to staff's recommendation, the Planning Commission continued the referenced project's public hearing to June 22, 1999. The following discussion relates to the issues discussed at the April 27, 1999 public hearing. ARCHITECTURE styleThe architectural is basically the same as the third submittal the Planning Commission received on April 27, 1'999. However, on the south elevation (facing the freeway), the planter with the "Honda" sign above was deleted. Staff recommends that this feature be added back to assist in minimizing (break-up and soften) the massing of this elevation. However, it is this elevation that will have a significant• . • ` City's anii the D ..• Bar Honda'simage. It is recommended that the applicant consider further simplification and refinement of this elevation's design elements. The current elevations (see attachments) changes the tower's roof material from• - - to blue sheet metal. Landscaping wash,Landscaping and irrigation are proposed. The applicant proposes to utilize landscaping, with palm trees along the perimeters of the proposed car Burger- • and Diamond • it Honda sites, assistancemeans to unify development. However, the dedicated right-of-way for Grand Avenue is 100 feet. As a result -t it appears that the Lwlanter area adjacent to the sidewalk at Grand Avenue is within the City's right-of-way. According to the City's Parks and Recreation Director, palm trees are not desirable City trees. The appropriate tree species can be decided with'the of ^ Park's and Mecreation Director and the City'landscape ._•....fir. consultants. However, unifying the three sites through the use of trees is acceptable. Furthermore, pursuant to the Development Code, it will be required that four trees be added within the parking area. A trash enclosure is provided adjacent to the detail center. It is required that the enclosure accommodate a recycle bin. The applicant is required to submit a detail of the enclosure incorporating standards as required in the Development Code and the Design Guideline. Noise The project sit- is located adjacent to the Pomona Freeway and Grand Avenue, a major arterial. Existing noise contours, as referenced in the General Plan, at this location are 65 CNEL. From the project application it appears that the blower dryer will be located approximately 11 feet for the tunnel exit. The project application and the noise specs submitted. indicate that the dryer/blower will emit 74dB at a 10 -foot distance. A site plan -- attachment to noise analysis) delineates noise levels at 10- foot61 •: 60 feet from to the noise analysis, these noise levels are with a sound baffle box. Consideration should be given to: Concrete block walls (which will also baffle sound) proposed at the perimeter of the tunnel exit; development is below the.,grade of Grand Avenue; and the fact that the project site is located adjacent to the freeway and a major arterial. The City's noise standards allow the operation of • --air blower in a tunnel car wash between • of 11 • 8: .;xteri®r and Parking Lot L4:_ting Exterior and parking lot lighting is being provided. S study/lighting plan is required for the City's review and approva Lighting fixtures shall be architecturally compatible with t character - • • _ • t development and energy efficient. ^ maximum height of pole fixtures is .2Q feet. - Lighting fixtur shall be equipped with light shields, thereby confining direct r on-site and reducing glare so that neither the light source nor i image from a reflective surface shall be directly visible for a point, five feet or more beyond the property line. Spillovi beyond the project's boundaries is not permitted. The level parking lot lighting projected onto the any ground or wall surfa shall be an average of between one and two footcandles. Ti uniformity ratio (average to minimum) shall not exceed 6:1. It required that lighting be on a time clock or photo sensor syste Lighting fixtures are required to have 90 -degree horizontal cut -o flat lenses. It is believed that the reference measures wi reduce li.ght and glare in a manner that does not blind drivers ang potential foraccidents _ area. lygy- • • - - • • - r - A .- The applicant provides adequate parking for a full-service car wash facility. However,pursuant to Table .. Development Code, for each auto service bay four parking spaces are required, plus adequate queuing lanes for each bay and one parking space for each two employees.' With a total of nine service bays (three for the lube center and six for the auto service center), it is required that 36 parking spaces be provided. The applicant is providing 27 on-site parking space. With the 10 required parking spaces required for the car wash, 17 parking space remain. Pursuant to Code, the parking is deficient by 18 spaces. As previously mentioned and according to the applicant, the dealership employees will bring vehicles to be serviced to serviced'to the project site from the dealership site. Since the applicant owns all three sites, the applicant. believes that the Burger King parking spaces can be E • be utilized for the 'car wash facility if necessary. Based on occupancy, Burger • is required to provide 42 • parking spaces. Fifty-one parking spaces are provided. It may be possible to share the parking. Therefore, it will be required that e applicant obtain and record a reciprocalparking employee- parkingagreement that includes all four parcel (car wash project, Diamond Bar Honda dealership and Burger King). Additionally, according -to the Los Angeles County approval, the Honda spaces r • 14 customer parking spaces. M The proposed project's access points are at Old Brea Canyon Road and Grand Avenue. Entrance only to the project site will occur at the Old Brea Canyon Road. Exit only from the project site will occur at Grand Avenue through the driveway currently utilized by Burger ding as ingress and egress. Due to the sharing of this access point, the applicant will be required to obtain and record a shared access agreement. The proposed proj ect site. plan does not delineate a Pedestrian access for the Burger King site. Pursuant to the Commission's direction, the applicant will be required to provide such an access for _ - review .approval. On June 2, 1999, a traffic impact study prepared by Associated Traffic Consultant and dated June 1, 1999 was submitted to the City. The City reviewed the study. On June 14, 1999, . revised traffic impact study dated June 10, 1999 was submitted to the City. on June 16 and 17, 9•9 more revisions were submitted to - The revised study indicates that the proposed project is expected to generate a daily total of 504 trips (252 inbound, 252 outbound) with approximately 34 AM peak hour trips (20 inbound, 14 outbound) . • approximately j • PM peak hour trips•• • 24 outbound). The total daily trips include 324 for the car wash, .90 for the three -stall lube center and 90 for the six -stall auto care center. The ancillary uses are not expected to generate additional.trips. The ay.erage expected daily and peak hour trips generated by this project have been estimated based on information provided -in the Institute of •• •Engineers' (ITE) Manual, "Trip Generation", 6th Edition, published January, 1997 and from the San Diego Association of Governments' (SANDAG) publication "Trip Generators Manual". Because of the unique quality of the proposed car wash, the trip generation f• based on • supplied by operators at -six similar facilities. The yearly estimates from the six similar facilities were averaged and the average divided by 365 days to calculate an estimated one way average daily total (ADT). The ADT was obtained by • • the one ADT by •. Four key intersections were analyzed (Grand Avenue/SR-57/SR-60 westbound ramps; Grand Avenue/SR-57/SR-60 eastbound ramps; Grand Avenue/Golden Springs Drive; and Grand Avenue/Diamond Bar Boulevard). The analysis includes existing operating conditions of the local street system; cumulative traffic impacts related to six projects within Gateway Corporate Center and two projects in the City of Industry, and a one -percent per year traffic growth factor. The traffic impact analysis also includes two additional projects within the City of Industry, completed in the year 2015. trafficMitigation measures identified for the year 2000 (project opening) are none. For the Year 2015, it was identified that the project intersection a I nalyzed. The traffic impact study recommends mitigation measures as follows for Grand Avenue/Sl�-57/SR-60 westbound ramps: 1. 'Provide an additional right -turn lane on the off -ramp, resulting in two..right®turn lanes; 2. Provide an additional left -turn lane on the off -ramp, resulting in two left -turn lanes and 3. Provide an additional through lane on the northbound approach to Grand Avenue, resulting in three through lanes. The analysis recommends that the project contribute a "fair -share" (1.42%/ $7,244) towards the mitigation cost of the traffic improvement measures. Air Quality constructionThe City has been working with South Coast Air Quality Management District (SCAQMD), California Environmental Quality Act (CEQA) Section regarding air quality related to operations and emissions.Air Quality *•• does not utilizeduses specific to this project in regards to calculating operation and construction emissions. Therefore, similar uses are for the calculations of ROC, NOx,CO, and P 0. this case, a fast food restaurant• - the use most related to a car wash due to the queuing of vehicles. The remaining uses appear to be closely related to retail/small shopping center. Chapter 9, Table 9-7 was utilized for the operation emissions calculations and Table 9-1 for construction emission calculations. The emissions significance thresholds utilized are in Chapter 6, pages 6-2 and 6-4. The calculations indicated that the operation and construction emissions do not reach T level • significance. _ was calculated separately. The reality is that one trip will be for multiply uses and the site's construction for each use will be done simultaneously. Calculatedeach •causesf Environmentalemission levels to be higher than they may be in actuality. Additionally, this proposed project is consistent with the General Plan. Therefore, consideration should be given to the fact that the General Plan's considered the project site's development and emission related to 9 it. As a result, it can be assumed that emission has already been considered. Hydrauliccalculations dated June 3, 1999, prepare* by Trit _.- - Associates :_..:" .' ^ the City is June 11, 1999. The study is based..on a 25 -year rainfall. The calculations indica,te a 7.858 cubic feet per second of future surface run-off from the proposed development plus run-off from other sources (i.e., freeway). The existing storm drain has the. capacity to accommodate 10.503 cubic feet per second of run-off from the proposed development and other sources. Therefore, the existing storm drain canaccommodate expected run-off for a 25 -year rainfall. The proposed project is less than two acres and will cause less than • acres of • •e in the volumn of due to the proposed development, at most, is expected to be about 1/2 cubic feet per second. This amount is considered minimal. Therefore, it is not anticipated that the Diamond Bar Creek, San • - Creek and is - San GabrielRiver will be significantly Hazards The project site is located within an urbanized area but adjacent to hillside within the City of Industry. The hillside is u�ilized for grazing. Due to the grazing, the hillside is a pasture area consisting of grass approximately three to four feet high and not an area that could be referred to as wildlands. Therefore, this hillside area does not. dense _ • - . • hillside may be fire prone as any other hillside within the area. However, due to the lack of dense vegetation and that a fire station is located one ruile from the -hillside area(with- i - time of - • • to one minute),,the risk of wildland fires is not likely. All contaminants- oil, antifreeze, asbestos etc.) will collected and stored in 50-gallondrums.• contaminants will be processed i .• an • e Aquaworks cool- cleaning contaminantsbe collected• Underground gasoline tanks will meet all environmental requirements. The appropriate tank lining, secondary containment, required ground • i• - mechanisms,t monitoring ! _ for leaks,- • dispenser pump pads will be provided. 19 _ LAND USE West of the ect site is Old Brea Canyon Road and boundary for the City of - Industry. " _ area • f the City of Industry,although utilized for grazing, is zone "M"- Industrial. This zoning designation .- = warehousing, manufacturing commercial. As such, the proposed project - - will be • .. . _ with.the City . zoning designation. Pursuant to the provisions of the California Environmental Quality Act .), the City has determined that a Ne•. Declarationrequired for this project. According to CEQA Section 15070, Negative Declaration No. 99-3 has been prepared. The Negative - onls reviewperiod began April 5, 1999 • ended April 1999. Pursuant to CEQA Section 15164, Addendum to Negative Declaration No.99-3 has been prepared. Furth- public not e• ^•_. Staff recommends that the Planning Commission approve Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99- 2, Negative Declaration No. 99-3 and Addendum to Negative Declaration No. 99-3, Finding of Fact and conditions as listed within ^ draft resolution. Attachments: 1. Draft Resolution; 2. Planning Commission Staff Report dated April 15, 1999; 3. Revised Elevation for Exhibit "A" dated June 22, 1999; 4. Noise Analysis dated July 12, 1996 and project sound level map; and S. Addendum to Negative Declaration No. 99®3; 7 Q 0 The property owner/applicant Mathew Tachdjian of Col -Am Properties, -• an application f•Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2 • NegativeDeclaration/Addendum Ni property located at 515 S. Grand Avenue, Diamond :. • Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Variance . • Negative Declaration/Addendum shall be referred to as •. "Application" j••.•_. 2. The Planning Commission of the City of Diamond Bar on April 27, 1999 conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was continued o May 11, 1999. The publici was again continued to June 8, 1999 and June 22, 1999. 3. Notification of the public. hearing for this project was provided in the San GabrielValley• - and Inland Valle Daily Bulletin newspapers on April 5, 1999. Public hearing notices were mailed to approximately four property owners of record within a 500 -foot radius of the project on March 31, 1999. r i _ the project site was posted required display board on April 5, 1999. q B. Resolution. NOW, THEREFORE, it is found, determined and resolved b` Planning Commission of the City of Diamond Bar as follows: 1. This Planning,Commission by specifically finds of the facts set forth in the Recitals, Part A, of this Resolution _ true a_: • correct. 2. The Planning Commission hereby finds that the Initial Study review,and Negative Declaration by th6 City ofDiamond requirement of the California Env -•n-•^ yl Quality (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. Pursuant to CEQA Section 1S164, Addendum to DeclarationNegative Declaration No. 99-3 has been prepared. Furthermore, Negative independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically .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 . • . .- upon which the wildlife depends. Based • n 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. 11. Based on the findings and conclusions set forth herein, thiz-- Planning Commission hereby finds as follows: (a) The project relates to a rectangular -shaped vacant lot, consisting of two parcels (Parcel 3 - approximately 36,350 square feet and Parcel 4 - approximately 10,07 ' 0 square feet) approximately 1.06 acres. The project site is basically denude of -•-:. •- with existing walls adjacent to the north and south property lines and within the eastern portion of the project . Avenue. •- project sit• iii •" begins .. and elevation of approximately 699 feet, at Grand Avenue and slopes down to Old Brea Canyon Road to an elevation of approximately 677 feet. Both parcels contain easements for Los Angeles County flood control and storm drain and Southern California Edison. (b) The project site has a General Plan land use designation of +i... Commercial _Pursuant General Plan, this land use designation provides for the establishment of freeway -oriented, and/or community K retail and service commercial uses. lly, __(9 �TTP.11lTlTYiT TIL, ...LII 1. I 1_F1A2 1 r'r 1!!aL r. ru1.. 1_� maintain a maximum floor area ratio (FAR) of 1.0 T. project's FAR is 0.24. (c) The project site is within the Regional Commercial (,-M _ Zone.This zoning designation permits•r ._.._•^ of uses (i.e. retailtrade, services, fueling/servic stations, vehicle repair/maintenance, auto sales, washes, restaurantlsf etc.) (d) Generally, the- following zones and uses surround th project site: To the north is the Burger Kin restaurant, Diamond Bar Honda dealership, C-3 Zone a the boundary for the City of Industry; to the south i the Pomona (SR -60) Freeway; to the east is Grand Aven and boundary for the City of Industry; and to the wes is Old Brea Canyon Road and boundary for the City o 'Industry. The project site is also located in th City's Redevelopment Agency's Economic Revitalizatio Area. Application ^• to construct an automated hand car wash facility that consists of the following: A wash tunnel of approximately 2,402 square feet; retail boutique area, approximately 2,08square detailfeet; three -bay lube center, approximately 1,140- square -with office, approximately 1,467 square feet; six -bay auto service center, appi�oximately 4,150 square feet;three fuel dispensers;.r. • queuing and drying areas; two platforms to display new cars; and retaining wall with a maximum height of 18 feet. Additionally, the display platform and six -bay auto service center will be an expansion of the Honda dealership. (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project provides for the establishment of service • retail uses• ^ the General Plan's Regional Commercial land use designation. Pursuant to the General Plan and as amended herein, the proposed project will yield a pleasant environment for those working and visiting the car wash facility through its design, use of N materials and colors, landscaping that offer a � J k, ia� with the required recorded reciprocal par nd access agreement. (g) The desiqn and layout of the,proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or . _`.s The proposed project is within the Regional Commercia-PH Zone, which permits the proposed uses. The propose project located R mmercia development at the boundary of -the City. The propose development'sdesign •_dherein)and layou will unify and integrate the proposed development wit the existing adjacent development. Additionally, a referenced in the traffic impact study dated June 10 1999, • •. -R. b. Associated Traffic Consultants, proposed project will not create traffic or pedestria hazards. I I . architecturaldesign of proposed development is compatible the character of ^' surrounding neighborhood and will maintain the harmonious, orderly • attractive development contemplated. . . • •Chapter 22.48.20. Development Review standards, City - Design Guidelines and the City's General Plan. As also referenced in Item 4. (f) above and (i) belo the proposed project will be consistent and compatibl with the architectural design, materials, and color • . • - .: • •i.. - --within . . Therefore, the proposed project will be compatibl with the character • _.thesurroundingneighborhood _ -• i • • • •ane will maintain the harmonious, orderly and attractiv development • • - • by - Developmen Review requirements, Design Guidelines and Genera design of proposed • - i • provide desirable -.•._ for occupants and . _ R public as well as its neighbors• .• Rt•• aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retainreasonably adequate level of maintenance. As referenced in the above findings, the proposet project, as amended herein, will provide a desirable environment for its occupants and visiting public as well as its neighbors th• i i•R• aesthetic use of materials, texture and color that will remain aesthetically appealing. The construction .._• concrete, glass and metal will retain. a ­io- (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed (#roject. is required to comply with all conditions within the -approved resolution and the Building and Safety •Public Works Division Department requirements. The, referenced agencies' involvement will ensure that the 'proposed development is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements - the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality .Act (CEQA) ; Pursuant to the provisions of CEQA, the City ha's determined that a Negative Declaration is required for this project. x • • to CEQA Section 15070, Negative Declaration No.99-3 has been prepared. Lqegative Declaration's review period began April 5, 1999 - • ended April x 1999. significantPursuant to CEQA Section 15164, Addendum to Negative Declaration No. 99-3 has been prepared. The revision�s indicate that the proposed project will not have a •.ct. Thereforefurther public review is • ^• ^• . proposed • • -will • -in substantialcompliance. with the adopted Economic Revitalization Area. The proposed project is located within the Economic Revitalization Area. The proposed project is consistent with the Economic Revitalization Area Plan in that it: Implements the General Plan's policies, goals, objectives and strategies. Additionally, the proposed project provides an opportunity for retail and other non-residential commercial uses; promotes the economic development of the Project Area by providing an attractive, well -serviced, well -protected environment for all residents and visitors; promotes local job opportunities; and as amended herein will implement design and use standards. that assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. I v�✓ba a✓ba: ivsys-z�.� vuia s�i�-ib b The proposed use is allowed within the subjectrz'o"Ping district with the approval of a Conditional Use Permit and complies with will other applicable provisions of the Development Code and the Municipal Code; Pursuant to Tables 3-10, the proposed uses are either permitted with a Conditional Use Permit or permitted by right within the C-3 Zone. As conditioned and amended herein, the proposed uses will comply . with all other applicable Municipal Code. (n) The proposed use is consistent with the General,Plan and any applicable specific plan; There is no specific plan for the project area.. .As referenced in Item (f) above, the proposed project is consistent with the General Plana (o) The design, location, size and operating charac- teristics of the proposed use are compatible with the existing and future land uses in the vicinity; As also referenced in Item 4. (f) and (i) above, thf-3 proposed project, as amended, will be consistent a compatible with the - ..... .. design, ._. materials and colors of the commercial development within th area. The project site is adequate in size t accommodate the proposed project, as amended herein with the requirement that the application obtain an* record a reciprocal parking and access agreement Operating characteristics will be compatible with th. existing and future land uses in the vicinity a conditioned.through the Conditional Use Permit process (p) The subject site is physically suitable for the type and density/intensity of the use being proposed including access'l provision of utilities, compatibility with adjoining land uses, and the absence of physical • As referenced in Item (h) above, the subject site i physically suitable to the proposed project. Acces has been reviewed in a traffic impact study prepared Associated Traffic Consultants and the City's traffi engineer/Public Works Division. The access was deemeo adequate. Utilities are existing and as required i the conditions of approval, the proposed project wil be able to hook-up to existing utilities. referenced above• • 0 (o) the proposed project will be cor4�,� absent physical constraints (q) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in.the vicinity and zoninlg district in which the property is located; As amended permits and inspections, the granting of the Conditional Use Permit will not be detrimental to the public -- health,convenience, welfare, or injurious to per'sons, property, or improvements in the vicinity and zoning district in which t +._ - i rope • ::+ "d . (r) There are special circumstances applicable to th property (e.g., location, shape, size, surroundings topography, or other conditions), so that the stric application of this Development Code denies th property owner privileges enjoyed by other propert owners in the vicinity and under identical zonin] districts or creates an unnecessary and on-sel created, hardship or unreasonable regulation which ma it obviously impractical to require compliance with ._ development standards; The Variance - _. related to an 18 -foot high . retaining wall, which will support a display platform for cars (extension of the Honda dealership) adjacent to Grand Avenue. Grand Avenue is at an elevation of approximately 700 feet. Abutting Grand Avenue, the project site's elevation varies to approximately 688 feet. Due to the site's topography and the desire to bring a portion of the proposed r+ - •o - r to street level (which is common for most commercial development within the City), the 18 -foot high retaining wall is need. (s) Granting the Variance is necessary for the preservati 0 a • enjoyment of • a property rightspossesse1 by other property owners in the same vicinity an zoning district and denied to the property owner fo which the Variance is sought; As referenced _ (r) above, granting the Varianceis necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and W denied to thero ert owner for which ariance is � r Y "'p (t) Granting the Variance is consistent with the General Plan and any other applicable specific plan; salesThe proposed retaining wall is consistent with the General Plan in that it allows for the expansion of the Honda dealership by providing a platform area for display of cars. This display area will assist in minimizing .x leakage to other auto malls. The granting of furtherdevelopment of _,_ takes advantage of freeway visibility as referenced in Strategy of _ General Plan. Furthermore, granting of this Variance expands the Honda dealership, thereby - • and expanding - ..i -i as referenced in Strategy 1.3.4. Therefore, granting the Variance is consistent with the General project site is not within a specific plan area. (u) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; As referenced in Items (h), (i), (j) and (q) above, t proposed . .. not • ^ detrimental . • -convenience,iwelfare of the City; Based on the findings and conclusions set.forth above, the Planning Commission hereby.approves the Application subject to the following conditions: project shall substantially• • • site plan, grading plan, floor plan, elevations, final landscape/irrigation plan, final exterior and parking •. lighting plan/study and colors /materials ••.'i collectively labeled as Exhibit "All dated Jun*e 22, .•.as submitted and approved by Commission,amended 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, a•industrial areas . 4 -City. It shall be - •• ..- obligation insure that ._. 'i waste contractor utilized has obtained pe from the (c) Before the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan that delineates plant species, size, quantity and location, for the City's review and approval. The final landscape plans shall also include tree species and size approved by the City, utilized as a uniforming element that ties -together the proposed development with the existing development. Any existing landscaping destroyed during construction shall be replaced matching the existing landscaping. Additionally, the final landscape plan shall delineate the four required trees within the parking area. Said trees shall be a minimum size of 36 -inch box. The landscape/irrigation plan shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly. All landscaping and irrigation shall be installed prior to final inspection. (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. Lighting shall comply with all applicable Development Code standards. (e) All roof -mounted equipment shall be screened from public view. (f) 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. (g) Proposed retaining wall shall not exceed 18 feet in height. (h) Prior to the issuance of any City permits, the applicant shall delineate pedestrian access from the car wash site to the Burger King restaurant site on a revised site plan for the City's review and approval. proposed project shall comply• standards. . •:. - blower shall •- operated only between the hours1 /1 • in a mannerthat does not exceed 60 •B7 at a point on •: •us receptor property,- feet .• • .•- level, no closer than feet from any wall i commercial/industrial location. (j) Prior to the issuance of any Cit mits, the �t✓�✓r�.��, e.eib Tae ca�� vas . 6aa ea i..i e,� ,:. %ags�'ivvu... �`� aa� aia crib record the proposed lot line adjustments. (k) Prior to final inspection/occupancy, the applicant shall pay their "fair -share" (1.42%/ $7,244) of the installation of the following traffic improvements measures as required by the Deputy Public Works Director and Cal -Trans: (1) ..Grand Avenue and SR-57/SR-60 west bound ramps: Provide an additional right -turn lane and an additional left -turn lane on the off ramp resulting in two left -turn and two right -turn lanes; and (2) Provide an additional through lane ' on the northbound approach of Grand Avenue resulting in three through lanes. Prior to - issuance of ..... _. permits, _ applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall: (1) Be signed/stamped by a civil engineer, geotechnical engineer and geologist as required; (2) Delineate the proposed and existing topography; (3) Delineate finish surface, finish grade, flow lines, top of wall, bottom of wall, bottom of footing and finished surface for' proposed retaining walls; (4) Delineate proper drainage with details and sections; and • - • (m) Plans shall delineate retaining wall sections drawn to scale with appropriate details, type of retaining.wall structural calculations. (n) Before the issuance of any City permits, ^ applicant submitshall erosion c•.• for the City's review • approval. Th- erosion •_.. •_. plan shall conform to National Pollutant Discharge Elimination System (NPDES) • ._ . • incorporate appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. In (o) The applicant shall be responsible for s and storm 9 Y1 C `c a connection with the -Los my d Angeles - County Dep'YA&ent of Public Works for storm drain and sewer lateral here are none currently available. Additionally, the applicant' shall pay the County Sanitation District for connection fees. Furthermore, the applicant shall be responsible for all costs associated with the improvement, review and approval for the addition of sewer or storm drains. • Prior to final inspection, the applicant shall install full sidewalk improvements along the property frontage r.Old Brea CanyonRoad to the satisfaction of the Deputy _ Works Director and,with an encroachment permit.- •th shall match and join existing • _ (q) Applicant shall submit a soils report, for the City's review and approval, incorporating the scope of the proposed development. The soils report shall give appropriate recommendation for the project's construction including the suitability of the retaining wall to withstand pressure of the retained soil and proposed development. (r) Driveway improvement shall be required at the appropriate width. Prior• the issuance of any City permits, applicant shall submit a revised site plan accurately delineating the existing stormdrain easement dedicated- to -. r -• northerly- • • : Parcels 3 • ; (t) Applicant shall be responsible for all utility improvements. All utility improvement shall be made prior to occupancy. If cuts within the City right-of- way are required, the applicant shall obtain the appropriate encroachment permits and pay the appropriate fees. Applicant ._ ._.. be responsible for acquiring County.appropriate industrial waste permits with Los Angel Additionally, applicant •_. • ._ • all NPDES requirements. All handicap •. R shall complycurrent _. handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot to building. Cross slope shall not exceed two percent. All bathroom and ramps shall b4 designed in compliance with State handicap accessiblt M regulations.handicap® 1w) Plans shall conform to *i •a i ••' 94 Uniform Building fi- Uniform Plumbing • M.P.H.Code, Uniform Mechanical Code, and the 1993 National Electrical Code) and State Energy Code requirements. (x) Construction plans shall be engineered to meet wind _ . loadsi-- .tis exposure. (y) Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. Applicant .ll submit constructionplans to the • Angeles County Fire Department for review and approva Plans shall comply with all applicable fire codes. (aa) Applicant shall obtain and record a reciprocal parking and access agreement that includes all four parcels (Diamond Bar Honda dealership® Burger King restaurant and car wash facility), (bb) Gasoline delivery shall not occur during operational hours of the car wash. (cc) Adjacent to the north elevation of the six -bay aut# care center i the car wash, the applicant negotiate with Cal-Transorder to install landscaping i irrigation .. Cal-Transproperty. an agreement is obtained, maintenance of • ..•c Applicantarea shall be the applicant's responsibility. _ be responsible formaintaining graffiti free project site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for the graffiti removal within 48 hours of it appearance or upon notification to the applicant of its appearance. f -- All • ground tanks, contaminant ia•- tanks for oil, fluidsand all other chemicals Coastshall meet all environmental requirements including the applicant obtaining the appropriate permits from South . _•.California Regional Water Quality Board and the Fire Department. (ff) This grant is valid for two years and shall be exercised - construction started) period or grant shall expire. A • ear extension of be approved when submittedi the 09 City in writing at least 60 days prior the _ IROA-- �XLJ1.LdL1Ull 11�LC. x " .>.,, 1xxC rianixCC,3uuui.a- therequest �... . �.,,.�.....: extension re est at a duly noticed public he in accordance with Chapter 22.72 of the City of Diam Bar Development Code. (gg) 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 and Development Services 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, school fees and fees for the review of submitted reports. (hh) If the Department of Fish and.Game determines that Fis and Game Code Section 711.4 applies to the approval this project, applicant shall_ .. __ _. _ • than] .. _.. ._. •r - _• • a.... cashi,* - R , 0 0 • •. • _ �. r • _. fee in connection with Fish and Game Code requirement Further_._ •re, if . . • .• - •-- • - ! filing fee imposed because the project has more deminimis impact on and • " the ., is lica shall also pay to the Department of Fish and Game a such r • any fine which the Departmentdetermin to be owed. I The Planning Commission shall: aCertify• the adoption of Resolution; - • (b) Forthwith transmit a certified copy of this Resolutio by - • mail, to:- •Col - Properties, • P r• •-P.O.Box4655, DiamondBar, I 91761 APPROVED ANDADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Tye, Chairman im that the foregoing Resolution was duly introduced, passed, and a4l'> by - Planning Commission of the City • _ Diamond Bar, at a regu meeting • ' the Planning Commission held• • of _ 1999, the following vote: NOES: r_ywo EE Ep RM CONDITIONAL USE PERMIT NO. 98-7 DEVELOPMENT REVIEW NO. 99-4 and VARIANCE NO. 99-2 515 South Grand Avenue DIAMOND BAR, COUNTY OF LOS ANGELES, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) ADDENDUM TO NEGATIVE DECLARATION NO. 99-3 CONDITIONAL USE PERMIT NO. 98-7, DEVELOPMENT REVIEW NO. 98-12 AND VARL&NCE NO. 99-2 The application is a request to construct an automated car wash consisting of the following: a retail boutique sales area, approximately 2,089 square feet; lube center, approximately 1,140 square feet; detail center with office, approximately 1,467 square feet; six auto service bays, approximately 4,150 square feet; fuel dispensers; vacuum, queuing and "kiss -off" areas; and two platform display areas for new car sales. The project site is a vacant lot consisting of two parcels, totaling to approximately 1.269 gross acres (1.066 net acres) and denude of vegetation. It contains a Los Angeles County Flood Control storm drain easement. Additionally, the project site is approximately 20 feet below the grade of Grand Avenue. The project site has a General Plan land use designation of General Commercial (C). The project site has a zoning designation of Regional Commercial (C-3). Other commercial uses adjacent to the project site are the Burger King restaurant (Lot 2 of Parcel Map No. 15625) and Diamond Bar Honda (Lot 1 of Parcel Map No. 15625). All four parcels (Lot 1, 2, 3 and 4) are owned by the same property owner. Diamond Bar Honda will utilize the six bay auto care center and display platforms as an extension of the dealership. Pursuant to the City's Development Code the following applications are being processed for the proposed project. The applications are as follows: Conditional Use Permit is required to construct a car wash within the C-3 Zone; Development Review is required for all new commercial construction; and Variance is required for the proposed 18 foot high retag wall that exceeds the maximum six foot height allowed by Code. PART 5 - DISCUSSION OF ENVIRONNMWAL EWPACTS Discussions within, each section may be grouped. Attached is Environmental Check --*List pages that have been reviml, West of the proj ' ect site is Old Brea Canyon Road and boundary for the City of Industry. This area of the City of Industry, although utilized for grazing, is Y' ne "M"- Industrial. This zoning designation permits warehousing, manufacturing and large commercial. As such, the proposed project with its uses will be compatible with the City of Industry's zoning designation. Hydraulic and Hydrology calculations dated June 3, 1999, prepared by Tritech Associates Incorporated was submitted to the City on June 11, 1999. The study is based on a 25 -year rainfall. The calculations indicate a 7.858 cubic feet per second of future surface run-off from the proposed development plus run-off from other sources (i.e., freeway). The existing storm drain has the capacity to accommodate 10.503 cubic feet per second of run-off from the proposed development and other sources. Therefore, the existing storm drain can accommodate the expected future surface run-off for a 25 -year rainfall. The proposed project is less than two acres and will cause less than two acres of run-off. The change in the volumn of water due to the proposed development, at most, is expected to be about 1/2 cubic feet per second. This amount is considered minimal. Therefore, it is not anticipated that the Diamond Bar Creek, San Jose Creek and the San Gabriel River will be significantly effected. 5. AIR QUALITY The City has been working with South Coast Air Quality Management District (SCAQMD), California Environmental Quality Act (CEQA) Section regarding air quality related to operations and construction emissions. The Air Quality Handbook does not list uses specific to this project in regards to calculating operation and construction emissions. Therefore, similar uses are utilized for the calculations of ROC, NOx, CO, and PM10. In this case, a fast food restaurant with a drive-thru is the use most related to a car wash due to the queuing of vehicles. The remaining uses appear to be closely related to retail/small shopping center. Chapter 9, Table 9-7 was utilized for the operati emissions calculations and Table 9-1 for construction emission calculations. The emissions significance thresholds utilized are in Chapter 6, pages 6-2 and C The calculations indicated that the operation and construction emissions do I ot reach a level of significance. Each use was calculated separately. The reality is that one trip will be for multiply uses and the site's construction for each use will be done simultaneously. Calculating each use separately causes the emission levels to be higher than they may be in actuality. Additionally, this proposed project is consistent with the General Plan. Therefore, consideration should be given to the fact that the General Plan's Environmental Impact Report considered the project site's development and emission related to it. As a result, it can be assumed that emission has already been considered. On June 2, 1999, a traffic impact study prepared by Associated Traffic Consultant and dated June 1, 1999 was submitted to the City. The City reviewed the study. On June 14, 1999, a revised traffic impact study dated June 10, 1999 was submitted to the. City. The revised study indicates that the proposed project is expected to generate a daily total of 504 trips (252 inbound, 252 outbound) with approximately 34 AM peak hour trips (20 inbound, 14 outbound) and approximately 49 PM peak hour trips (25 inbound, 24 outbound). The total daily trips include 324 for the car wash, 90 for the three -stall lube center and 90 for the six -stall auto care center. The ancillary uses are not expected to generate additional trips. The average expected daily and peak hour trips generated by this project have been estimated based on information provided in the Institute of Transportation Engineers' (ITE) Manual, "Trip Generation", 6th Edition, published January, 1997 and from the San Diego Association of Governments' (SANDAG) publication "Trip Generators Manual". Because of the unique quality of the proposed car wash, the trip generation for this facility was calculated based on actual volumes supplied by car wash operators at six similar facilities. The yearly estimates from the six similar facilities were averaged and the average divided by 365 days to calculate an estimated one way average daily total (ADT). The ADT was obtained by multiplying the one way ADT by two. Four key intersections were analyzed (Grand Avenue/SR-57/SR-60 westbound ramps; Grand Avenue/SR-57/SR-60 eastbound ramps; Grand Avenue/Golden Springs Drive; and Grand Avenue/Diamond Bar Boulevard). The analysis includes existing operating conditions of the local street system; cumulative traffic impacts related to six projects within Gateway Corporate Center and two projects in the City of Industry, and a one -percent per year traffic growth factor. The traffic impact analysis also includes two additional projects within the City of Industry, completed in the year 2015. Nfitigation measures identified for the year 2000 (project opening) are none. For the Year 2015, it was identified that the project traffic will have an impact (by definition) on one key intersection analyzed. The traffic impact study recommends mitigation measures as follows for Grand Avenue/SR-57/SR-60 westbound ramps: MINK41flM, its 13-0-IT"'WOR A 411g, is 113 1 EM111021 M I I 1VM W I I M NTIOT Mo =17. in the City of Industry that does not have dense vegetation. It is a pasture area utilized for cattle grazing. As such, the grass is approximately three to four feet high and not considered as wildlands. This hillside may be fire prone as any other hillside within the area. However, due to the lack of dense vegetation and that a fire station is located one mile from the hillside area (with a response time of 45 seconds to one minute), the risk of wildland fires is not likely. All contaminants (i.e., waste oil, antifreeze, asbestos etc.) will be collected stored in 50 -gallon steel drums. Some contaminants will be processed throu an on-site, Aquaworks cool -cleaning solution filtration system. eekdly referenced contaminants will be collected by Asburry Environment. i Underground gasoline tanks will meet all environmental requirements. The appropriate tank lining, secondary containment, required ground attachments, appropriate mechanisms, lines and monitoring devices for leak detection, fuel levels and dispenser pump pads will be provided. The project site is located adjacent to the Pomona Freeway and Grand Avenue, a major arterial. Existing noise contours, as referenced in the General Plan, at this lo•cation are 65 CNEL. From the project application it appears that the blower dryer will be located approximately I I feet for the tunnel exit. The project application and the noise specs submitted indicate that the dryer/blower will emit 74dB at a 10 -foot distance. A site plan (see attachment to noise analysis) delineates noise levels at 10 -foot intervals with 60 dB 60 feet from the tunnel exit. According to the noise analysis, these noise levels are with a sound baffle box. Consideration should be given to: Concrete block walls (which will also baffle sound) proposed at the perimeter of the tunnel exit; development is below the grade of Grand Avenue; and the fact that the project site is located adjacent to the freeway and a major arterial. The City's noise standards allow the operation of a force -air blower in a tunnel car wash between the hours of 7:00 a.m. and 8:00 p.m. in a manner that does not exceed 60 dBA at any point on contiguous receptor property, five feet above grade level, no closer than three feet from any wall in a commercial/industrial location. The proposed car wash will be required to comply with the City's noise standards. MA N Exterior and parking lot lighting is being provided. A study/lighting plan is required for the City's review and approval. Lighting fixtures shall be architecturally compatible with the character of the proposed and surrounding development and energy efficient. The maximum height of pole fixtures is 20 feet. Lighting fixtures shall be equipped with light shields, thereby confining .direct rays on-site and reducing glare so that neither the light source nor its image from a reflective surface shall be directly visible for any point, five feet or more beyond the property line. Spillover beyond the project's boundaries is not permitted. The level of parking lot lighting projected onto the any ground or wall surface shall be an average of between one and two footcandles. The uniformity ratio (average to minimum) shall not exceed 6:1. It is required that lighting be on a time clock or photo sensor system. Lighting fixtures are required to have 90 -degree horizontal cut-off fiat lenses. It is believed that the reference measures will reduce light and glare in a manner that does not blind drivers and increase the potential for accidents in the area. ,. , R m r >... t a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff) Source #s: City of Diamond Bar X Public Works/Engineering Division; project's soils/hydrology report (*Refer to Addendum) b. Exposure of people or property to Fig. IV -1; MEA, p. II® B-8,; EIR Section M 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 p. 7-10 C. Seiche ("ter tanks, reservoirs)? Source #s: Walnut Valley Water District Map 1996 d. Landslides or mudflows? Source #s: General Plan, p. IV -3, X Fig. IV -1; A, p. II -B-3, Fig. H- B -2; EIIS, Section III A. p. 7-10 e. Erosion changes in topography or unstable soil conditions from excavation, grading, or fill? X Source #s: General Plan, p. IV -3, Fig. IV -1; project's soils report f. Subsidence of the land? X Source #s: MEA, p. 11-B-16 g. Expansive soils? Source #s: MEA, p. H -B-16; X - project's soils report h. Unique geologic or physical features? X Source #s: MEA, Fig. II -A-1 a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff) Source #s: City of Diamond Bar X Public Works/Engineering Division; project's soils/hydrology report (*Refer to Addendum) b. Exposure of people or property to d. Create objectionable odors? Source #s: Project application a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) Source #s: Traffic Impact Analysis, dated 6/10/99*, prepared by Patrick B. Lang, P.E., Senior Traffic Engineer (*Refer to Addendum) b. -Substantially increase haza s due to design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? I Source #s: City's Public Works/Engineering Division C. Inadequate emergency access? Source #s: Muldhazard Functional Plan, City of Diamond Bar, 1992; General Plan, p. V®1 d. Inadequate parking capacity on-site? Source #s: City of Diamond Bar Development Code, Title 22, p..E[[- 91 et seq.; project site plan e. Exceeding, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads and highways? Source #s- City's Public P—M -- RM WE go C. Result in the loss of availability of a known mineral resource that would be of future valu6 to the region and the residents of the State? Source #s: MEA, p. III -B-17 a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Source #s: MEA, p. II -M-1; project application; General Plan, p. IV -1 et seq.; project application b. Impair the implementation of or physically interfere with an adopted emergency response plan or X emergency evacuation plan? Source #s: Multihazard Functional Plan, City of Diamond Bar, 1992 C. Emit hazardous emissions or handle hazardous or actively hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Source #s: Walnut Valley Unified School District; Pomona Unified School District; City of Diamond Bar House Numbering Map d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard tothe public or the environment?' Source #s: MEEA, p. H- -1 et seq. e.. . Expose people orstructures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ( efer to Addendum) Source #s: MEA, p. II -K-1; project landscape/irrigation plan and application; a. Exposure of persons to or gener- ation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or exposure of persons to or generation of excessive ground - borne vibration or groundbome noise levels? Source #s: Project application; General Plan, p. IV -15; MEA, p. H-6-1 et seq.; City of Diamond Bar Development Code, Title 22, p. IH - 81 -90; project application b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above levels existing without the project; X Source #s: Project application; General Plan, p. IV -15; MEA, p. 11-G-1 et seq.; City of Diamond Bar Development Code, Title 22, p. Hl - 81 -90; project application ®MTECH c.'i : T Ms. J 5 s 4 r: m e < r N 5 t a b v n � x +s - ., —Mp 0®3„dnCO f,C7 Decibels iLm 101 20' 3 30' 0 40' 79 O' 1 60' 73 70' 71 2'.40 VND(bTRIAL 1. ',NC IINnONIFICLI), CO gu(tzn) r. am M _t C C I IIECH 1 T E P9 ,, d � L+ d ,. r I Page 2 an axit end. a wallsericr tunnel - Distance from Docibols Dryrp_ 10' 7 0' 84 30 02 40479 0, ?s 60" 76 70' 7 Notc: The __vO a „did hava aoptional n w UquIpmenz attached to C,,�e s at the time of e .- „r the, standa& dryer, aPtLanal components gym,° for the dryey. x accogstical matezial and techniques the tunnel to assorb any f produced will aid in the control Avels at the ,. sound w ! hud, slick surface, x s y because s the noise wittin the tunnel anj tend to echo contain some N - Ex er LIV jAnjscApinj, tq;rj,0, sac. wn! also aii in co tasrIng usand jovels on you® property. Regarding optional qeQ„c„+r._ : Acoustical Wf OB c®nsistinq Of heavy gauge stainless tria vl wirn foam Or noise abatemert, ranging in J&mgt,® fr,w 3' ze 4' and rolled in a semi -circle can to piaced P ao t'no 1®t4kej of the yqr as depLctod lr Attachment This r dwa—s noise d i ® S TV A zecon,, optio! is A scund Baffle "pox' which fits tightly against the intak4, tAe entire intake, and forces thq air to be d:agn t.`1tough 0 Greater ""0" OF foam- incA area. Pufar to Attach Olt E. RdAlrza dti l is ®n; ttis method Odd as 0110ws. ® '0' 74 OB 30' 70 DU unabstruco t -J from dry*r s0' 64 ®O t® m tar 70` -60 ON All ®ptiOr ® si?s.ncin9 eq"N"" relu S a; It'snal tunnel area. Wa hC;0 ehIS WO®:rae®_.. �a� h�a� f al ire }'sur ray ��®eh. Plead cal with question . worldwide nryinq syste ;s, Inc. 07 AM EP6a SYSTEMS a�7 �t9 TC cEMTECH SYSTEMS 0155 i s, d ROM KIWI` ,. City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER:. 8.1 CASE/FILE NUMBER: 01-mufflublofflUM61 Conditional Use Permit No. Developmen- i . o. 98-12 and Variance No - 99 -2 To construct an automated car wash with a retail sales boutique area, three -bay lube center, detail center with office, six -bay auto service center, fuel dispensers and, two platforms to display new cars. Additionally, the request includes an 18 - foot high retaining wall. 515 S. Grand Avenue Diamond Bar, CA'91765 Mathew Tachdjian Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 The property owner/applicant, Mathew Tachdjian of Col -Am Properties, LLC is requesting approval of Conditional Use Permit No. 98-7, Development Review No. 98-12 and ' Variance No.99-2 - (pursuant to Code Section 22.58, 22.48, and 22.54). The request is for approval to construction an automated car wash. The car wash will consist of the following: a wash tunnel, approximately 0 2,402 square feet; retail sales boutique area, approximately 2,089 square feet; three -bay lube center, approximately 1,140 square feet; detail center with office, approximately 1,467 square feet; six -bay auto service center, approximately 4,150 square feet; fuel dispensers; vacuum and queuing and drying areas; two platforms to display new cars; and retaining wall with a maximum height of 18 feet. Additionally, this request will also expand. the Diamond Bar Honda dealership. The project site is' located at 515 S. Grand Avenue (Parcels 3 and 4.of Parcel Map No. 156215). It isa vacant lot, basically denude of vegetation with existing walls adjacent to the.north and south property lines and within the eastern portion of the project site near Grand Avenue. The project site's topography begins at an elevation of _ • z •.• feet,Avenue and slope down to Old Brea Canyon Road to an elevation of approximately 677 feet *The project w consists of Parcels of Parcel i No.Parcel- is approximately 36,350 and Parcel 4 is approximatelyM square parcels contain easements for Los Angeles County flood control • storm drain and Southern California Edison. The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this lani use designation provides for the establishment of regional, . freeway -oriented, and/or community retail and service commercial uses. Additionally, development within the C designation is permitted • maintain a maximum floorarea ratio i • of The • • .• is 0.24. The zoning designation for the project site is Regional Commercial (C-3). This zoning designation permits a wide range of uses (i.e. retail trade, services, fueling/service stations, vehicle repair/maintenance, • sales,washes,- etc). The proposed project with the requested uses is Permitted in the C-3 Zone. Generally, the following zone and uses surround the • - - •- north is the Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and the boundary for City of Industry; to the south is the Pomona (SR 60) Freeway; to the east is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. The project site is also located within the City's Redevelopment Y•e Economic n• ) _----• Area. The applicant owns Parcel 1 (Diamond Bar Honda), Parcel 2 (Burger King restaurant), Parcels 3 and 4 which are the subject project However, applicant leases ParcelBurger King. Diamond Bar Honda,_processed by Los Angeles County Regional Planning, was constructed in 1983. In 1989, the County began the 1-9rocessing of a fast-food restaurant (at that time McDonald's), N the expansion of the dealership, an automated car wash with gasoline service and a freestanding pole sign. Upon incor- poration, the City inherited the project from the County. After a series of publichearings, the Planning Commission approved the project on May 14, 1990. However, the project was appealed to the City Council and eventually approved on July 17, 1990. Between July 1990 and September 1992; the Commission approved -an extension of time. Also in September 1992, the Commission approved an amendment to the project allowing a Burger icing restaurant instead of McDonald's. In March 1994, revisions to the existing pole signed were approved. The car wash facility was never constructed. CONDITIONAL__ } .R _ Pursuant to Section 22.55 of the City's Development Code, a car wash facility and auto sales in the C-3 Zone requires a Conditional Use Permit. A Conditional Use Permit will be reviewed for the location, design, configuration and potential impacts (i.e. waste product disposal, traffic, noise, hours of operation etc.) to ensure that the proposed project will protect the public health, safety and welfare. A Conditional Use Permit is within the Planning Commission's review authority. Through the Conditional Use Permit review process, the proposed project will be conditioned as appropriate to mitigate any potential impacts that that the project may create. Vehicle services (maintenance/minor repair) and fueling stations -gasoline and diesel are permitted in the C-3 Zone, by right. The car wash facility will be open Sunday through Saturday from 7:00 a.m. to 7:00. p.m. The car wash will have one shift with 12 employees. The service bays. will be utilized for.the Honda dealership by their employees. Waste oils and eighty-five percent of the wash water will be recycled. Soap products will be biodegradable. DEVELOPMENT REVIEW The City's Development Code establishes a Development Review process. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. N Pursuant to the ' Development Review Section 22.48.020.A., an application for Development Review is required for commercial, industrial and institut-iona '1 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. Development Review is within the Planning Commission's review. authority. The following is a comparison matrix of the City's minimum required development standards and the proposed project's development standards. El maximum height: 35 ft.; FAR: ••:_ _ iit_r 11 Full-service vehicle washing: 10 spaces; plus 10 spaces for each wash l.. drying area; plus queuing area .- 5 vehiclesahead of each lane exclusive of fueling Vehicle repair and maintenance: 4 spaces f. - each service .• _. space• - each 2 employees on the largest shift; Provide landscape planting strip between the street right-of-way and parking equal in depth to the setback required by the zoning district or 7 ft., whichever is more; of the site area; 1 tree for every eight parking spaces;trees shall be in planters located w .: - • - - parking parkingarea; in order to be considered within area,- s shall be located in planters that are bounded ! -.at least threesides by parking area paving; Architecture/Building Materials: Code requires compatibility with the surrounding area, style and materials that relate and enhance the community character; Huilding Height I= Applicant is providing a total of parking27 spacesfollowing breakdown: 10 spaces; plus , .13 spaces for the one wash lane; with the queuing area could accommodate minimum 9 vehicles; Vehicle repair and maintenance: With 17 spaces remaining - 6 auto service bays and 3 lube bays,•• requires 36 parking. spaces; . - w� r-_ r _ .m.- The required .. front setback for the C-3 Zone) landscape planting strip between the street right-of-way and the parking platform is not provided. of No trees purposed within the parking area; Trees purposed 7 ._ around site's •e _ .- Architecture/Puildinq Materials: Lion -specific; •Ir • several different architectural styles; split face block, scored/painted, glass block andstucco; Roof blue tile fortower; With regards to ' building setbacks, the proposed project provides the minimum except at the Grand Avenue frontage, which requires P. 10 -foot wide landscape -strip for parking., The proposed buildings 1,ieights comply with the Code's maximum allowable height. However, the architectural style needs further design consideration. The City's General Plan, Development Code, Design Guidelines the Redevelopment Plan for the Economic Revitalization Area require the implementatiori of design and use' standards which assure high aesthetic and environmental quality, provide unity and integrity to development, protect and enhance the City's character while, offering functional design and -promoting economic development. The project __r is a:. important area ` • the City in lightof its location adjacent to the freeway and Grand Avenue and the image it creates or e _ - to those driving by. The City understands that the project site is also important to the applicant with regards to the Honda dealership's expansion and providing profitable land uses. The applicant has submitted designs i proposed project. The first (see exhibit) design submittal reflects architecture related to Art DecQ/Art Nouveau. However, the City is looking to unify the existing •- r •• r King and Diamond Bar Honda) with the proposed project. While the City is open to creativity, this design does not unify the proposed project with the existing development. As a result, the applicant modified the design. The second (Exhibit ""A") design submittal is the applicant's attempt to unify the proposed project with the existing development by utilizing a tower similar to the Burger King tower. On Wednesday,April•• elevations i the second design submittal (Exhibit When comparing the first two submittals, it appears that the towers are out of proportion and awkward in relationship to the buildings. In the second submittal (Exhibit ""A"), the tower appears_ out of design ofthe buildings. Simplifying the architectural details should be considered along with tying in the design concept through horizontal line and color. It does not appear that either design has an overriding concept. Furthermore, the freeway facing elevation has a significant impact with the chance to create'a strong image for Diamond Bar Honda and r massing o. elevation should • r minimized more effectively i softened. landscapingsoften this elevation, Cal -Trans, through an agreement with the applicant, may allow and irrigation adjacent R to the project's property line but on Cal -Trans property. However, the landscaping and irrigation may not be there in perpetuity. The April 20, 1999 submittal is somewhat modified. Some of the modifications are an improvement such as the addition of fenestration on the tower and horizontal moulding. However, the modifications to the south (freeway) elevation may not be considered an improvement. .. -` elevation still needs simplification, ...:..r.. :.__.....___breaking -up mass and the deletion -of planter attached to the building as delineated in Exhibit "A" (second design submittal) be an improvement. It still is not where the colors represented in the materials board will be utilized on the buildings. The Planning Commission packet exhibits include the proposed conceptual remodel design for Diamond Bar Honda. Also included is a conceptual prototype design of Burger King's new image. If this new image is adopted, the existing Burger King restaurants will more than likely be retrofitted. cohesive.The staff believes that the applicant should consider the design elements utilized in the proposed Honda exterior remodel and perhaps the proposed Burger King remodel. Staff is looking for design elements that are homogeneous and The proposed Diamond Bar Honda dealership expansion will be achieved through the six auto service bays, three lube bays and the display platforms. One display platform is. located adjacent to Grand Avenue and will be construct through the ._ • •-.. 18 -foot retaining wall. The other platform - ..•• • __ ..six -bay auto service building, facing the Pomona Freeway. These platforms will be'.utilized to display The project site is approximately 46,420 square feet. As previously stated, site activities include a full service car wash facility, three -bay lube center, six auto servig;-. bays, detail center, auto display platforms, parking and landscaping. Staff believes that the project site is not large enough to accommodate all the proposed activities. Staff has concerns about the logistics of on-site circulation. The applicant states that the dealership employees will bring vehicles to the car wash site for service. The employees will also escort customers to the auto display platforms. Staff has asked the applicant to N provide an on-site circulation analysis verifying that the site, as designed, will accommodate the proposed activities. As referenced in the development standards comparison matrix, the applicant provides adequate parking for full- service wash facility. However, pursuant to Table i of the Development Code, for each auto service bay four parking spaces are required, plus adequate queuing lanes for each bay and one ... for each • employees. With a total of nine service bays (three for the lube center and six for the auto service - required parking spaces be provided. The applicant is providing 27 on-site parking space.- 10 required parking spaces required • the parking spacePur- suant to Code, the parking is deficient by •. ^ previously mentioned and according to the applicant, the dealer -ship employees will bring vehicles to be - -• to the project site from the dealership site. Since the applican ' t owns all three sites, the applicant believes that the Burger King parking spaces can be also be utilized for the car wash facility if necessary. Based on p. Burger King is required to provide 42 on-site parking spaces. Fifty-one parking spaces are provided. It. may be possible -to share the parking. Therefore, staff has asked the applicant to provide a parking agreement that all four parcel and Burger King. Additionally, according to the Los Angeles Coun�y approval, the Honda dealership provides 84 display -parking spaces, 40 employee parking spaces and 14 customer parking spaces. Staff is requiring. that the applicant demonstrate ,. sharing of parking surroundingspaces between all sites is feasible. Exterior and Parking Lot Lighting Exterior and parking lot lighting is being provided. A revised study/lighting plan is required for the City's review and approval. Lighting fixtures shall be architecturally compatible with the character of the development The maxim] laeight of pole fixtures is 20 feet and shall be equipped . M with light shields thereby confining direct rays on-site. Spillover beyond the project®s boundaries is not permitted. The level of parking lot lighting projected onto the any ground or wall surface shall be an average of between one and two footcandles® The uniformity ratio (average to minimum) shall not exceed 6:1. It is required that lighting be on a time -clock or photo sensor system. Lighting fixtures are required to have- 90 -degree horizontal cut-off flat lenses. The applicant will also be processing a Lot Line Adjustment with the City's Public Works Division. Exhibit "A", page A- 7 delineates the lot line adjustment. The applicant ­ propyoses to move the east lot line, shared by Parcels 3 and d in . westerly direction, thereby reducing enlarging Parcel f The applicant also proposes t• move north lot line, shared by Parcels 2 and 3, 20 feet in a northerly direction. It is required that all lot line .adjustments be completed before the issuance of any City permits. Since Parcel- and Iwill not be merged, r. reportreciprocal parking and shared access agreement is critical. A traffic impact analysis -• _ for project.applicant submitted a traffic generation an• distribution r_ •• to the City. The report,datedi •_ determine2, 1999, was prepared by Associated Traffic Consultants. The report states that 1,140 trips will be generated by the proposed project with approximately 55 trips during the AM peak hour and approximately 217 trips during the PM peak hour. The applicant's report states that in order.to - project's traffic impacts on - existing operating conditions of the local circulation system, a detailed traffic studywill • e needed. Pursuant • City's Traffic Engineer, Warren Siecke and the City's Deputy Public Works Director, the applicant will be required to submit a detailed traffic impact study that addresses the project's traffic impacts on the existing conditions of the local circulation system. In the event that the proposed project has impacts on the local circulation system, appropriate traffic improvement measures will need to be identified and a strategy that implements them developed. The applicant be required to pay their fair share cost of - appropriate trafficmeasures. . and gutter exists along the Old Brea Canyon Road frontage, but a sidewalk does not exist. The applicant will be required to install a sidewalk, along this frontage, according to City specifications and with appropriate street lighting. X Grading The project'sproposed grading totalof _ cubic yards-with2,860 cubic yardsof cut d The cut area is'located on Parcel 4 adjacent to the proposed display platform. The fill area is dispersed throughout the rest of the project site,and the display 'platform on Parcel 4. Import : export not proposed. Landscaping/irrigation is proposed. The City's Development Code requires that 15 percent of the site area be landscaped and that the final landscape/irrigation plans be prepared by a licensed landscape architect. As referenced in the comparison chart, The C-3 i e requires that _a minimum 15 percent of - area be landscaped. Theapplicant proposes to landscape 17 percent of _ site area._ unifying element the applicant proposes palm of proposed car wash, Burger King and Diamond Bar Honda dealership sites. However, the dedicated right-of-way for Grand Avenue is 100 feet. As _ result, it appears Lalanter area adjacent to the sidewalk at Grand Avenue is within this right-of-way. According to the City's Parks and Recreation Director, palm trees are not desirable City street trees. However, unifying the three sites through the addition of trees is acceptable. Furthermore, pursuant to the Development Code, it will be required that the trees be added within the parking area. The applicant is required to submit landscape/irrigation plan forthe -:. and .•• • 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 established -nt Landscape Regulations and will be -plan checked accordingly. 1 trash enclosure is providedcenter. It is required that the enclosure accommodates a recycle bin. The applicant is required to submit a detail of the enclosure d the review approval. A The project site is located adjacent and Grand Avenue, a major arterial. • e.... • e. _• • _. e ` _ location in the General appears __ M to the Pomona Freeway �xisting noise contours 4 65 CNEL as reference ^_ prolect application that the blower/dryer will be located 11 feet from the tunnel exist. The project application indicates that the blower/air dryer will emit 74 dB at a 10 -foot distance® The Cit-y's noise standards allow the operating of a force -air blower in a tunnel car wash between the hours of 7000 a.m. and 8:00 p®m® in a manner that does not exceed the 60 dBA at any point on contiguous receptor property, five feet above grade level, no closer than three feet from any wall in a commercial/industrial location. The proposed project will.be required to comply with the City's noise standards® Signage Signage is not a part of this applicant. Proposed signage will be reviewed at a later date. The existing pole sign will remain as located on the site plane Pursuant to Section 22.54 of the City's Development Code, a Variance is to allow for an adjustment from the development standards of the Development Code. The adjustment may only be granted when, because of special circumstances applicable to the property (i.e. location, size, shape, surroundings, topography, or other such condition), the strict application of the Code denies the property owner privileges enjoyed by other property owners in the vicinity and under the identical zoning districts. The hardship created by the strict application of the Code can not beself-induced. measuredPursuant to Code, retaining walls shall not exceed a height of six feet from finished grade . _ base • - the Directorwall. The Director may approve additional height up to,.one foot due to varying topographical features. With a Minor Variance, the .y allow an increase in the heightof i constructwalls up to eight feet, depending on topographic constraints. The project applications include a Variance request in order to 18 -foot • • wall. According t• the Building ..l _ . • .. • the proposed - • wall structure.is not an integral part of a • alone hencethat retains earth, Variance request. The proposed retaining wall is located delineated in Exhi• et from Grand Avenues ultimate r_i •purpose retaining* create an auto display platformarea Grand Avenue is at an elevation of approximately 700 feet. Adjacent to Grand Avenue, the project site's elevation varies to approximately 688 feet. Due to the site's topography, the MUR retaining. wall will is necessary to raise this portion of the project site to street grade. The exposed 18 feet of the retaining wall faces inward on the project site. In front of the wall is a raised planter, approximately four feet high. Landscaping material will be utilized to mitigate the wall's impact on the site The City's Public Works and Building and Safety Divisions and the. r,os Angeles County Fire Department reviewed this project. Their recommendations wibe draft resolution. Staff is not opposed to this project. The project and project site are important • the City. The City looksforward development of the vacant parcels and the expansion and remodel of the Honda dealership. However, issues related to architecture, on- site accommodation of the proposed activities, traffic impacts and shared parking need to be resolved. The Planning Commission may wish to consider the following: continuing the project's public hearing in order to give the applicant additional time to resolve the outstanding issues; or direct staff to prepare a resolution of approval with appropriate conditions; or deny the project. 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. 99-3 has been prepared. The Negative Declaration's -review period begins April 5, 1999 and • April 24, 1999. Notice for this project was published in the Inland Valle Bulletin and the San Gabriel Valley Tribune on April 5,1999. Public hearing notices were mailed to approximately four property owners within 500 -foot ra• ::. of the project March- 1999. Furthermore, the project site was posted with a display board on April 5, 1999. UN Staff recommends that the Planning Commission open the public hearing, receive public testimony and continue the project's public hearing® consistent1. The design and layout of the proposed development is with _ General City'Design Guidelines, development standards of the -applicable district, and architectural m- - for specialea(e.g. t- " - areas, specific plans, community plans, boulevards, or.planned developments); 2. The -design and layout of - proposed *- •.i i unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create ..v....-,. or pedestrian -" • 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. '•• . -- 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use o'f materials, texture, and color that will remain aesthetically appealing; S. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) . 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit and complies with all other applicable provisions of the Development Code and the Municipal Code® am 20 The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and dens ity/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use_ not be detrimental . the public interest,h, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity .. _ - .- - . zoning •- _. in .. the __- ••i-rty d located; and 6e The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions),application City's Development Code denies. the property owner privileges enjoyed by other property identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it.obviously impractical to require compliance with the development st 20 Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is. sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan® 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and M 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 1. Negative Declaration No. 99®3; 2. Exhibit "A" ® site plan, floor plan, elevations, preliminary landscape/irrigation plan, lighting plan and colors/materials board dated April 27, 1999; 3. Applications; 4. Traffic analysis dated November 2, 1998, prepared by Associated Traffic Consultants; S. Response prepared by Warren Siecke and dated December 24, 1998 to traffic analysis dated November 2, 1995; 6. Rendering of proposed exterior remodel of Diamond Bar Honda; 7. First car wash design submittal; 8. Third car wash design submittal date April 20, 1999; and 9. Conceptual prototype for future Burger King restaurants and. remodel. M Phone< ) Applicant ,4c14PJ lid �A rte (LAst name first) (LAst name first) 0 V0 Phone() 6 Z-& NOTE: It is the applicant's responsibility to notify the Community Development Director in wrg of any change of the principals involved during the processing of this case. W 11111!!1111111111! 1:111111111IM I 1 111 1111 11 HIM! Consent: I certify that I am the owner of the herein described property and pe the applicant to flle this request. Signed Date (All record owners) Certification: 1, the undersigned, hereby certify under penalty ofpedury that the info tion herein provided is correct to the best of my knowledge.. Print Name'r.,r. (Applicant or Agent) Signed (Applicant or Agent) Date - . .... LEGAL DESCREMON (All ownersbip comprising the proposed lots/PrOiect)- If -Petitioning for zone cbange, Atach legal description of extmior bouridarim of area subject to the clange.) Residential Parking: Type A 1 Pal-"Tilmm MOMMEL-111M= in addition to the information Mplirc(i in th6 2PPhGRft0n, WO 406ani WjW Wfigta� to the sabsfiction of the planning commission, the following facts: Adv&Wly jffed the hejdth, peace, comfort or weHaw or persons residing or working in the murounding area, or Be materMy detrimental to the use, o.,.., -.,° or valuation of property of other persons located in&B vicinity of the Bite, or 3. jeopardize, Mlauger or ® wise consfitute a xnanace to the public health, safeAy ®r general welfare. B That 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 this Ordinance, or as ie erwIse required in order to integrate said use with the uses in the sumunding arm oth C. That the proposed site is adequately served: By highways or sheets of sufficient width and improved as necessary to carry the kind ant quantity of traffic such use would generate, and D That there are special circumstances or exceptional chanctedstics applicable to the property involved, such as ;i.ize, shape, topography, location or surroundings, which am not generally applicable to other properties in the same vicinity and under identical zoning classification- .That such variance io necessary for the prmervation of a mbstantial propav right of the applicant such as that po&qwqed by owam ®f oam property in the mm vicinity and zone. That do granting of &a varimm will not be materially deftimerital to the public welfare or be injurio to Oam Property or ixoprovernents in the vicWty and zone. rjll�. The Site is adequate to accommodate the proposed uses and will not adversely affect the surrounding area. C. The streets serving the Project are sufficient to handle the anticipated -traffic. Primary access into the Site will be from Old Brea Canyon Road with exit ont* Grand Ave. Because of primary daylight operating and on site recycling, Public Service facilities will not be adversely affected. D. The Site has an exceptional topographic characteristic which was caused by Grand Ave. being elevated to cross the 60 Freeway. Only this property was adversely affected. E. Other properties in the area were not affected by Grand Ave. being elevated. In order to use this Site's full potential, a retaining wall needs to be constructed. F. The granting of this Variance will not affect other property in the vicinity, nor will it be detrimental to Public Welfare. However, it will allow thi's Site to be developed to the same potential as Other properdes in this area and zone. Applicant's Agent 5'6/vzqT BILL - Phone( )-!k 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 separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request, Signed Date .(All record owners) Certifcation: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name - (ApplicaA or Agent) P Signed Date (Applicant or Agent) Location 93 -71!2 - 00P -a2VA& (Street address or tract and lot number) Zoning HNmf 3 Previous0 P�e 5�(' 3 Present Use of Site—Vlq ll Use applied for ,;7 IWO 61114 Project Size (gross acres) Project density AUllq Domestic Water Source _Company/District In addition to - the information required in the application, the applient dudl substantiate to the satisfaction of the planning Commission, the folio facts: Adversely affect the health, peace, comfort or welfare of.persons residing or worldng in the surrounding am, or G. That the proposed site is adequate in size and shape to accomm the yards, walls, fences, parldng and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. By highways or streets of sufficient width and improved as neceasary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. LEGAL DESM=ON (RU OwDerShiP cOmPrising the Proposed 10t(S)/PRrc6,,-, Proposed (Units/Acres) Par l6mg Required Provided Standard 01 hqI I LAL S I LTJJY QUr-STIiYNWAUiE 2 (staff use) PROJECT NUMBER(s): 1. 2. 3a. 3b. Present use of site: Previous use of site or structures: 5. Other related permitlapprovals required. Specify type and granting agency. 9. Present zoning: 910 10. water and sewer servi Water Sewers Domestic Public Does service exist at site? N If yes, do purveyors have. capacity t® meet demand of project and all other approved projects? N If domestic water or public sewers arenot available, how -will these services be provided, M N umber and type of units: 12. Schools: What school . district(s) serves the property? --A/�/ Are existing school facilities adequate to meet project nee, �F-S NO If not, what provisions will be made for additional classrooms? A///I 19. Do project operations use, store or produce bazardous substances such as oil, pesticides, chemicals, paints, o oactive materials? NO If yes, explain A;CJ IAI 14-'l roc r=r ),k] (-7h-IT zb7-14rj+7of=ij r<- 1 1.Environmental Setfmg—Project Site b. Topography/slopes *r — vegetation *d. Animals Watercourses f.Cultural/historical resources —AfOALE 9 Other 2. Environmental Setting — Surrounding Arm a. Existin uses structuresdensities): DA rI b. Topograpby/slopes -:]L ��; *C. Vegetation *d. Animals. dcAle Cultural /historical resources 9. Other YES NO mn��� thr ':i project 4. VrW v' any natural'watercosurface flow patterns, etc., be changed p j t development?: YES (NO LL Y' Answers are not required if the area does not contain natural, undeveloped land. M���moi' 6. Are the any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES (N�) 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES (20) Distance to nearest fire station: 8. Noise:* Existing noise sources'at site: Noise to be generated by project: LIV //J / P14lq L, 9. Fumes: Odors generated by project: Q/J Could toxic fumes be generated? 10. Yvlhat7ergy-consTmg designs or material will be used? I her, I c4rdfy that the statements fiunished above in the attached exhibits presci . VY—CF1 ijo�,,Lfhr t* dwJr*Akx&-wy "al that the facts, statements, and informatioxpresented are true and con-ect to the best A. The Project is consistent with Uses allowed under current zoning codes. The nearest residential area is over one mile away. The site is adequate to accommodate the proposed carwash and service bay extension and will not adversely affect the surrounding area. Please see the Site Plan. C. The streets serving the Project are sufficient to handle the anticipated traffic. Primary access ©> the Site will be from Brea Canyon R« . with exit onto Grand Ave. The circulation is such that the entrance and exit do not interfere with each other. Because of primarily daylight operat- ing and on site recycling public service facties will not be adversely aff e c tV. t name t) Applicant's Agent dfv3c�i (Last nacre first) PC) CA 9/7650 Phone( ) 9 69V 663 Phone( ) 909 � � 6630- Phone( )_6 i3 6 NOTE: It is the applicant's responsibility to notify the Co unity Developffient Director in writing of any change of the principals involved during the processing of this case. (Ar-ach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and pencil the applicant to file this request. Sieved - Date �7-2a"& (All record owners) Certification: I, the undersigned, hereby certify under penalty of penury that the information herein provided is correct to the best of my knowledge. c Print Name— (Apph- Agent) J i I signed > Date - (Applicant or Agent) Location C27/9 --qz% -003 5719 (Street address or tract and lot number) Zoning C ��� - Cg =E+ 3 �u Previous Cases �. (%Y' �i�i 3 �� r�!/� j �� P4 9 z Present Use of Site Legal description (all ownersb, omprising the proposed 1®t(s)/ 1(s)) ? Cl ry Number ®f Floors Proposed Slope of Roof If yes,Quantity--------:ze6.0 Fill P Richard A. Stupin Associates 1445 W. Beverly Boulevard Montebello, CA. 90640 Subject; Traffic Generation and Distribution from the Honda Car dash and Auto Ser,71ce Project to be Located at 515 S. rand Avenue. in the City of Diamond 13ar, California Per your request, Associated Traffic Consultants has completed the trade engineering analysis, of,the subject project. Based on the information you provided, the project consists of constnrct;ng a:car wash, a lube and a auto care facility, The lube facility will provide a total of°3 service shells while the auto care service will provide a total of 6 stalls. Vehicles will access the site via a driVeWav on Old Brea Canyon Road and a driveway on Grand Avenue, The average daily and peak hour trips expected to be generated by the proiect have been estimated based on information provided in Institute of Transportation Engineers' (1TE) manual "Trip Generation", 6' r •tdon, published in Januar,, 1997 Additional information was obtained from San Diego Association of Grover rents' (SANDAG) publication ''Trak Generators Maralal''. Table 1 shows average daily as well as AM and Plvf peak hour trips to be generated from r.lie project. Trip generation was calculated for each of the facilities separately and then sunned up to determine the total trips to be generated from the operation of the facilities. As shown in the table, a total of 1.,140 trips are cxpected to be generated on an average weekday from the site (570 trips inbound, 570 trips outbound). During the ANI peak hour approximately 55 trips will be made. (3l vehicles will arrive and 24 vehicles will depart) Approximately 217 trips will be made during the PNJ peak hour (97 vehicles will arrive and 120 velucles Avill depart frond the site) The average peak hour trips to be generated by the project were dist.ibutcd onto the local cireulat�on system using the percentages of trip distribution on a regional scale. These percentages were assumed based on regional distribution of population, characteristics, of local roadway system, traffic control and lane configurations at the intersections as well as observed travel patterns during the p0al, hours. Figure 1 shows the regional percentages of trip distribution, and distribution of proiect related trade volumes at the key intersections in the vicinity of the project In order to determine whether and how much traffic impact the project will have on the exist�i g operating conditions of the local circulation system, a detailed tra-ffic impact study dvill be needed. The analysis will be based on existing traffic. volumes at the iutersec.tions, intersection lane configuration and traffic controls, traffic generation of any other related projects in the area., d traffic growth factors, In the event it is determined that the project traffic will'have a significant impact on the existing circulation system, appropriate Mitigation measures will need To be identified a fair share cost analysis must be performed to estimate the project's share to cortribute in intersection improvement measures. Shouldyou have any questiorLs or need further assistance on tilis'project, please do not hesitate to cail me, Sincerely, (C.'RaWVmjcGts\98159\99158ta.wpdI TOTAL P.05 TAUP P AUTO SERVICE, M ., FACILM Note: Car Wash and Auto Care rates are average rotes from San Diego Assoc. of Govt. (S AG) manual.; Lubc facility rates are average rates from Inst. of Transport. nginccrs' ( ) "Trip Gcncrat.ion", 6' Ed. a Trip Generation Paic Avem-e Traffic Volume rm Size & Code Unit Daily AM Peak Hour PM Peak Hour APeak H®LU AMDaily PM Peak Hour 'Total % 1/0 'Total % UO IN OUT Total I!N OUT Total Total, Total 837 Lubc 3 Stalls 40.00 3.00 67/33 5.19 55/45 120 6 3 9 9 7 16 Car Wish site 900.00 36.00 50/50 81.00 50/50 900 18 is 16 41=,&I Auto G 20.00 1.60 70/90 2.30 40160 Care tails S 120 7 10 tR 72 120 Total for All Facilities 1,140 31 24 55 97 120 217 Note: Car Wash and Auto Care rates are average rotes from San Diego Assoc. of Govt. (S AG) manual.; Lubc facility rates are average rates from Inst. of Transport. nginccrs' ( ) "Trip Gcncrat.ion", 6' Ed. a To: Row Manela From: Wanen Siecke Fax: Pages: 2 .#,hone: Date: December 24, 1998 0 piease Connment J3 Please Reply 0 Hard Copy Manef e cornments: The traffic study submitted with the plans is not adequate because it does not addre on -street impacts. A study should be prepared per the city's guidelines. My comments on the plans are as follows: 1. The southerly driveway on Brea Canyon Rd. should be 35' wide (not including the ramp to th'z upper parking platform). 2. The northerly driveway on Brea Canyon Rd. must be two-way because drivers can use it to exit areas 3 and 4. 3. The island between area 3 and the northerly driveway should beat least 5' wide to accommodate landscaping. 4. In area 3, there should be a landscape island on the easterly end of the parking spaces. 5. How do the fuel dispensers work? It appears they would only serve the easterly lane of the carwash queue lanes. 6. Show the route that gas tanker trucks will take to and from the fuel storage tank and verify they can make the required turns., 7. Redesign the area northerly of the lube bays to provide for two-way traffic between the landscape area and the handicap parking space. 91 December 24, 1998 V. The ,�:© of the parking spaces in area 4 should be Winstead of SF 9. The driveway in area 4 labeled EXIT is likely to have motorists attempting to use R as an entrance. Provide det£2»>*ilhow the exit -only can -be controlled to prevent entries. MGM- gi'ss"sY<�a3� IIIIIIIIIIIIIIIIIIIIII g'1 S: �:ae88 I) II III IIIIIIIIIIIIIIIIIIIiI pi .. II y r Gni g q Gs run is a�g1a a IJ _ v• - 3 �,,.� x gi'ss"sY<�a3� IIIIIIIIIIIIIIIIIIIIII g'1 S: �:ae88 I) II III IIIIIIIIIIIIIIIIIIIiI pi .. II I Ury tnd, tied with am - too nail illy, to i bit id I MY an the de - ,d to ring I de - illy, the he Lf ter sail can s of rn, I e on ome olore e no for her, 1ply. k to And visit frig- 3sed Liter dug mo- on'. it of sun ;um - next I . tea• �.,�aa i-aci 11. -Al rAA avo 14.:a X1001 6 P C U s LN 1_ A 6Rzs_Vts Look -and Logo RE�o, NEV. 21S'T- Y Burger King is opening here on Friday. It embodies the most sweep- ing changes in the chain's 45 -year his- tory, from how a Burger ling looks and cooks to how it hooks children. .The overhaul was so extensive that an existing Burger King had to be razed here just to construct the prototype. Dumping the dated tan -and -brick color scheme, the designers high- lighted the new restaurant in cobalt blue. The exterior is brighter, with yellow and red stripes. Inside, waits are mustard -yellow, countertops are gray and waste containers are tomato - red. Even the Burger King -in -a -bun logo has been updated, with tilted let- ters to give it more zing. Much of the kitchen is open for viewing so those waiting in line can see flames flicker- ing in the broiler, emphasizing a key Burger King attribute. A "virtual fun center" is designed for one important customer—chil- dren. In addition to the usual play- ground equipment, the restaurant fea- tures electronic kiosks loaded with in- teractive games. The machines have video -conferencing capability so kids at one restaurant can eventually chat with those at a similarly equipped Burger King miles away. Management predicts the proto- type eventually could boost average unit sales to 51.6 million annually from $1.15 million currently. That would surpass the $1.5 million average tally of a McDonald's Corp. restaurant in the L.S. Yet transformation is expensive® at least $15; more than the current cost of building a new Burger King® so skepticism is detectable among franchisees gathered here for the chain's annual convention. "We need to see what the return is," says Don White, whose store was I � I torn down to make room for the proto- type. "But if we get the kind we think we're going to get, we're going to be warming tip the bulldozers." In the first real test of the up- grade, Burger King will begin con- verting 40 company-owned restau- rants in Orlando, Fla. A full rollout across Burger King's chain may take two to three years. The prototype doesn't have new menu items, but its new cooking 5ys- tetn could facllltate some. until now, Burger King has been able to cook at only one speed. But the new system features three computer -controlled broiler chambers that can heat more slowly, allowing for thicker patties like a planned half -pound burger, tenta- tively called the Great Americaq. The restaurant -upgrade program may further a run that Burger King, a unit of Britain's Diageo PIC, has had much of this decade. Since 1943, its share of the U.S. quick -serve ham- burger market has grown to 21.W. from 17.2®. the company says. It has about 7,500 restaurants in the -U.S. Market leader McDonald's, meanwhile, has nearly 13,000 U.S. restaurants and Please Turn to Page 136, Cotumta f III j ON '3A CNV,.g 'o 25 U774bM061 HOIAU39 O.LnV CHY HSVM UVO VC NOH III W 'V7 'bV® %W2Va ® 3A'Y QNVb').'9 �9 r���:2�eCEY !Ii!I CfY9-bb9(bAb/ NV9 OIiC1uV10 ONV N7 '$ !C7 W-UMM11-01- PQVIV�-,, - " 1�11 �VVFIC A City of Diamond Bar PLANNING COMMISSION M ul-mmm"Em mrnw.�� Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2. A request for a one year extension of time for the referenced permits and a reduction of lots from four to three. ,9,nd .t!gon Train Lane Warren Dolezal 4251 S. Rguera Street S,- 5 -f ALE14-1-11 This matter is before the Planning Commission as a result of a Settlement Agreement by4( p. between the City of Diamond Bar and the Dolezal Company and the Dolezal Family Partnershi Mr. Warren Dolezal is the owner of property located in the 3000 block of Steeplechase Lane. Crn' June 20, 1995, the City approved the owners application for Tentative Parcel Map No. 2338 Conditional Use Permit No. 92-1, and Oak Tree Permit No. 95-2, for the subdivision of the 2. acre site into four residential lots and retention of an existing oak tree. In 1998, the applic requested an extension of time for the referenced permits and the removal of the existing oak tree. 'I g:\23382pc61599.rpt 1 01-MIZOM11- W-11M)p The tasks to be performed by applicant remain the same as outlined within the City Counci Report, dated August 24, 1998. The parcel map has been modified to reduce the number of parcel from four to three. Pursuant to the Settlement Agreement, the existing oak tree will be preserve The lot sizes range from .800 acres to .929 acres. Revised conditions to the map are necessary t reflect the modifications and ad[ust the lot lines as Fcrocto of any kind occurs within 10 feet of the drip line to the oak tree, and that access to each lot i identified. Clarification is needed to verify the developable pad areas and grading quantities fo each parcel. MOM Mltiltmcdl 11 6161MIrAll L411,10)) 114111 Mt In July 1998, this project was brought before the Planning Common and by unanimous vote was recommended that the City Council approve the request for an extension. The current request promotes the retention of the oak tree and reduces the dev'elopment by 25 percent, from four lots to three. Options for consideration by the Planning Commission include a recommendation of approval, denial, or modification, to the proposed project. In accordance with the Settlement Agreement a Notice of Public Hearing has been provided to property owners located within. 500 feet of the project site. Staff recornmends that upon conclusion of the public hearing and Planning Commission's deliberation, the staff be directed to prepare a resolution of approval with appropriate map revisions and or conditions of approval responding to the issues outlined within this report including a one year extension of time, reduction of the project from four to three parcels, and retention of the oak tree. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the Mitigated Negative Declaration is adequate for this project (Section 15073). No further environmental review is required. g:\23382pc61599.rpt 2 in accordance with Chapter 22.72, of the Development Code, notice of the proposed amendment was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on June 1, 1999. In addition, a Notice of Public Hearing was posted as required by Code and mailed to approximately 68 property owners located within 500 feet of the project site. Staff recommends that the Planning Commission receive a report from staff and presentation from the applicant, open the public hearing and receive public testimony, discuss the proposed extension and modifications, and direct staff to prepare a resolution of approval for consideration on July 13, 1999. Attachments: 1. Stipulation and Order, dated May 17, 1999 2. Settlement Agreement dated March 15, 1999 3. City Council Agenda Report and City Council Report, dated August 24, 1998 4. Country Estates Agreement dated April 16, 1999 5. Report from Pilkerton Consultants, Inc., dated April 2, 1999 6. City Council Resolution No. 95-36 7. City Council Resolution No. 95-37 8. Mitigated Negative Declaration 95-2, and Mitigation Monitoring Program, dated March 1995 9. Three Lot Parcel Map 10 Three Lot Grading Plan 11. Four Lot Parcel Map gA23382pc61599.rpt 3 „`._......,�-, ,,,.a T_........ Tal, hn,. * fQnQN /i.91 1 nW 4 ur rtr. r axa — �... o......,... ,... . � .,� . ..,,.—.....�..,� , Facsimile (909) 624-3918 121 North Harvard Avenue e mail i{1ludsenlaw@aoLcom Claremont, California 9170 Michael Jenkins, Esq. Richards, Watson & Gershon 333 South Hope Street, _38th Floor Los Angelos, CA 90071-1489 Re: Dolezal v-. City of Diamond Bar By Facsimile and U.S.- Mail Dear Mike:. Enclosed is the stipulation and order. Judge Dukes has signed the order and set a non-appearance review date. Please proceed with scheduling the necessary hearings at your earliest convenience. If you have any questions or comments please call me. Sincerely, Obert E. Knudsen REK:cl CC: Warren Dolezal (by facsimile, with enclosure) - enc: Copy of stipulation and order i L, I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 27 28 RICHARDS, WATSON & GERSHON TTORNEYB AT LAW nsnwv RIC S, WATSON & GERSHON I'/�A r, � ` MICHAEL JENKINS (State Bar No. 81997) 333 South Hope Street, 38th Floor Los Angeles, California 90071-1469 Y 1 7 1999 (2 13) 626-8484 Attorneys for Respondents THE CITY OF DIAMOND B 'CITY COU1JCIL ROBERT E. KNUDSEN (State Bar No. 144214) 121 North Harvard Avenue Claremont, California 91711 (909) 482-1086 Attorney for Petitioner THE DOLEZAL FAMILY LIMITED PARTNERSHIP SUPERIOR COURT OF THE STATE OF CALIFORNIA OR THE COUNTY OF LOS ANGELES, _.. DISTRICT THE DOLEZAL FAMILY LIMITED ) PARTNERSHIP, ) Petitioner, ) VS. ) CITY OF DIAMOND BAR, CITY OF ) DIAMOND BAR CITY COUNCIL and DOES 1) through 100, Inclusive, ) Respondents. ) Case No. KS005104 Dept: R Hearing Date on Petition for Writ of Mandate: None Set The Honorable Robert Dukes, Judge Presiding Petition for Writ of Mandate Filed: December 11, 1998 (Filing Fee Exempt; GC 6103) IT IS HEREBY STIPULATED by and between petitioner Dolezal Family Limited Partnership and respondents City of Diamond Bar and Diamond Bar City Council (collectively the "City,, that: 1. Petitioner and the City wish to resolve this matter without any further litigation and without any admission of liability by any party and have entered the settlement agreement 990326 11393-00002 mtc -1- STIPULATION RE SETTLEMENT AND (PROPOSED) ORDER THEREON l.11attached hereto as Exhibit A. 2 2, The City shall schedule new public hearings before the 3 City of Diamond Ear Planning Commission and the City Council to 4 reconsider extension of a modified version of the subdivision map 5 that is the subject of this action (Tentative Tract Map No. 6 22302), and accompanying Conditional Use Permit No. 92-1 and Oak 7 Tree Permit No. 95-2. 0 3. Petitioner and the City shall each bear their own costs .9 and fees incurred in connection with this action through and 10 including the conclusion of the reconsideration hearings, except 11- as otherwise provided in the settlement agreement. 12 4. Within 20 days after the City Council renders its 13 decision on reconsideration, petitioner shall either dismiss the 14 petition herein with prejudice or give written notice to the City 15 of petitioner's intent to file an amended petition. If a 16 dismissal with prejudice has not been filed within that 20 day 17 period and no written notice of intent to file an amended petition 18 has been given to the City within that period, this action shall 19 be deemed dismissed with prejudice. 20 21 Dated: 1999 Ric rds, Watso & Gershon 22 Mi ha 1 nki 23 E chael en i Attorneys 24 for Respondent City of Diamond Ear and Diamond 25 Ear City Council 26 27 Dated: r 1999 28 Robert E. Knudsen, Attorney for Petitioner Dolezal Family RICHARDS, Limited Partnership WATSON & GERSHON rTORNEY9 AT LAW -2- nsn��a� 990326 11393-00002 mtc STIPULATION RE SETTLEMENT AND [PROPOSED) ORDER THEREON 1lI O R 2 11 1 3 Goad cause appearing therefor, IT IS SO ORDERED. 4 TF ► g CT Foa AJoA1® r e -c l tw( S/1vvt oA1 5 DATED: 'MAY 17 199 A/ ROBERT A. DUKES . Judge of the Superior Court 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WATSONCHARDS, VY & GERSHON 1,TPORNEY6 AT LAW -3- nsn�)7a? 990326 11393-00002 mtc STIPULATION RE SETTLEMENT AND (PROPOSED] ORDER THEREON THIS SETTLEMgNT AGREEMENT (the "Agreement") is made and entered into and effective on 1999 by and between THE CITY OF DIAMOND BAR, a municipal corporation, on behalf of itself, its City Council and its officers, agents and employees (the "CITY'.') and THE DOLEZAL COMPANY, a California corporation, and the DOLEZAL FAMILY LIMITED PARTNERSHIP, a California limited partnership (collectively "Dolezal"). s A. Dolezal is the owner of certain real property located in the City of Diamond Bar, California located along the northerly boundary of the 3000 block of Steeplechase Lane, and more fully described as Parcel 3 of Parcel Map 7409, recorded December 9, 1976 in Book 74, Pages 3 and 4 of Parcel Maps in the office of the County Recorder of Los Angeles County, California (the "Property"). B. On June 20, 1995 Dolezal obtained approval from the City of Tentative Parcel Map No. 22382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2 for the purpose of subdividing the property into four residential lots (the "Land Use Approvals"). C. On September 15, 1998 by its Resolution No. 98-54 the Diamond Bar City Council denied Dolezal's application for an extension_of the Land Use Approvals, thereby allowing them to expire. D. On or about October 23, 1998, Dolezal filed an action in the Superior Court of the State of California, East District of the,County of Los Angeles, entitled The Dolezal Company v. Diamond Bar Country Estates, the City of Diamond Bar, et al., Case No. KCO29327, in which Dolezal alleges in relevant part that the City inversely condemned its property by denying it access to the property by way of Hawkwood Road, a public street. E. On or about December 14, 1998, the City filed its answer to the foregoing complaint denying the allegations contained therein. F. On or about December 11, 1998, Dolezal filed a second action in the Superior Court of the State of California, East District of the County of Los Angeles, a petition for writ of mandate entitled The Dolezal Family Limited Partnership v City of Diamond Bar, City of Diamond Bar City Council et al., Case No. KS005104, seeking to overturn the City's denial of the extension of time for the land use approvals (this petition and 990303 11393-00002 mj dol.eza12 0 collectively referred to herein as "the Lawsuits"). G. The City denies the allegations contained in the petition for writ of mandate and contends that its denial of the extension of time of the referenced land use approvals was proper and supported by the evidence. .H. Since filing the Lawsuits, Dolezal has negotiate an agreement with the Diamond Bar Country Estates Association providing, among other things, for a right of access over the s.treets controlled by the Association for the purpose of ingres and egress to the Property and for a reduction in the number of buildable lots on the Property from four to three. I I. In light of the agreement referenced in Recital H hereinabove, the City Council of the City is willing to reconsider its decision denying an extension of time for the Land Use Approvals subject to fulfillment of the terms and conditions set forth in this Agreement. J. Though each party believes it will prevail if this matter proceeds to litigation, the terms contained in this Agreement offer a mutually satisfactory resolution of this dispute and serve to avoid the cost and uncertainty of litigation. K. The parties believe and intend that this Agreement and the various actions and transactions it contemplates will provide a fair, equitable and permanent resolution of the matters in contention described in the pleadings filed in the Lawsuits (the "Dispute"). W I T N E S -S E T H For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and in consideration of these premises and of the promises, agreements, representations, warranties, covenants, and conditions contained herein, the City and Dolezal hereby agree as follows: 1. Stipulation for Tc-Qi1m,,e of Alternative Writ of Mandate. Upon execution of this Agreement, counsel for the parties shall execute a stipulation for issuance of an Alternative Writ of Mandate in Case No. KS005104 in the form attached hereto as Exhibit A, solely and exclusively in order to allow the City Council to regain jurisdiction over Dolezal's request for extension of the Land Use Approvals. 2. Reimbursement of Filing Fees. Upon execution of this Agreement, Dolezal shall deliver to counsel for the City a 990303 11393-00002 mJ doleza12 0 - 2 - r9aahi r� ,r-hprak in, trhp amniint of $5.020.74 made.-naya,hli- to t-hi- IlCa_ty of Diamond Bar," representing the amount due and owing the City in processing costs for the processing of Dolezal's request for final map approval and previous extension request in 1993. 3. Consideration of Extension of Time for Amended Tract Map. Upon issuance of the Alternative Writ by the Court, Dolezal shall file with the City an amended map containing a maximum of three lots and providing for preservation of the oak tree thereon, and a request for an extension of time for one year from the date of this Agreement of amended Tentative Parcel Map No. 22332, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2, accompanied by a cashier's check in the amount of $3,750, representing the City's usual filing fee deposit for processing an amended tract map and a fully executed. copy of the agreement between Dolezal and the Diamond Bar Country Estates Association referenced in Recital H hereinabove. City shall expeditiously schedule public hearings before the Planning Commission and the City Council for reconsideration of the request. In the event the Court declines to issue the Alternative Writ, or the City Council denies the extension request, or the City Council approves the extension request subject to conditions which are unacceptable to Dolezal, or Dolezal has not entered into a binding agreement with the Diamond Bar Country Estates Association as referenced in Recital H hereinabove, then this Agreement shall be null and void and of no force and effect and City shall promptly refund to Dolezal the filing fees referred to above in this Paragraph 3. Otherwise it shall be enforceable and binding on the parties. Nothing herein, however, shall compel the City Council to act in any particular way on the application for extension of time. 4. Dismissal and Payment. In the event that the City Council approves Dolezal's extension request and amended map filed pursuant to this Agreement, Dolezal shall within twenty- four.hours of'the City Council's adoption of a resolution of approval file with the Superior Court a dismissal with prejudice of the Lawsuits, and deliver to counsel for the City a cashier's check in the amount of $4,544.63 made payable to the "City of Diamond Bar." The Mayor's execution of the resolution of approval shall be contingent upon performance by Dolezal and its counsel of the obligations of this paragraph. Counsel for Dolezal shall provide counsel for City with a conformed copy of the dismissal with prejudice within three (3)' days of receipt thereof from the Court. 5. Waiver Of Attorneys' Fees.. With exception of the payment provided for in Paragraph 4, each party.will bear its own costs, attorneys' fees and other costs and expenses incurred in connection with the Lawsuits, the Dispute and with respect to the preparation and execution of this Agreement. 990303 11393-00002 mJ doleza12 0 — 3 6. Release. Upon execution of this Agreement and performance or the obligations set forth in paragraphs 1 through 5 hereinabove, in consideration of the terms and provisions of this Agreement, and except for the obligations arising out of this Agreement, the parties shall and do hereby generally and specifically relieve, release, and forever discharge each other from any and all claims, debts, liabilities, demands, judgments, accounts, obligations, promises, acts, agreements, costs, expenses (including but not limited to attorneys' fees), damages, actions and causes of action, of whatsoever kind or nature, whether now known or unknown, suspected or unsuspected, based on, arising out of,, or in any connected with any conduct, act, omission or state of facts with respect to the Dispute and the Lawsuits. Each party expressly waives the provisions of Civil Code Section 1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 7. Representations and Warranties. a. The parties hereto warrant and represent to each other that: (1) Each party hereto has received all corporate, partnership or other approvals necessary to enter into this Agreement on behalf of such party and that the person signing this Agreement on its behalf is fully authorized to commit and bind such party to each and all of the terms and conditions hereof. (2) Each party was duly represented by counsel in connection with this Agreement, and acknowledges that its officers have carefully read and reviewed this Agreement with counsel, and have freely and voluntarily entered into this Agreement of their own accord, and are not entering into this Agreement because of any duress, fear, or undue influence. (3) This Agreement is the result of protracted, arms' length negotiation between the parties. (4) Each party has full power, authority and capacity to release the claims which are the subject of this Agreement and has not previously transferred, assigned or encumbered any claims released herein to any other person or entity. (5) The parties to this Agreement mutually warrant and represent that no right, claim, cause of action or 990303 11393-00002 mJ doleza12 0 4 demand, or any part thereof, which either of them has against �l fi �"}"1PY PTl ('� 'Y'P IP.`�RPP1 P1 P'Y'P951 nA.Q T1". 14 1u111 -^ii_ - transferred in any way to any other person, entity, firm or corporation. In"negotiating this Agreement, made various representations to other parties and their attorneys. Nevertheless, each . - -ically does not- upon any statement, representation,'legal opinion, accounting- .• . - _ . .executing 1. e.- or in making - settlement provided for herein, Agreement. except as expressly stated in this (7) Each party hereto agrees that such party will not take any action which would interfere with the performance of this Agreement by any other panty hereto or which would adversely affect any of the rights provided for herein. (8) The parties hereby covenant and agree not to bring any claim, action, suit, or proceeding against any other party hereto, directly or indirectly, regarding or related in any manner to the matters settled and released hereby, and further covenant and agree that this Agreement is a bar to any such claim, action, suit or proceeding. b. The warranties and representations set forth in this paragraph shall survive and shall continue following the execution and delivery of this Agreement. B. No Admission of Liability or Waiver. The .parties hereto expressly recognize that the terms and conditions of this Agreement constitute a compromise and settlement of disputed claims and an accord and satisfaction of the Dispute. Neither the Stipulation for issuance of an alternative writ of mandate nor this Agreement shall be construed in any manner as an admission by anyparty hereto of any liability of any kind to the other party, nor shall be it considered or interpreted as an assumption of any liability,by.either party. 9. Attornevs' Fees. Should any party bring any lawsuit to enforce or interpret the terms and provisions of this Agreement, or arising out of or related to this Agreement, whether pursued under contract or tort theories, the losing party in such action shall pay to the prevailing party, in addition to any other relief ordered by the court, the prevailing party's costs and expenses in connection with that action or litigation, including reasonable attorneys' fees and expert witness fees. The provisions of this section shall apply with equal force to any appeal of any decision rendered by.a lower court, and any enforcement efforts undertaken in connection with such decision. 990303 11393-00002 mj doleza12 0 _ 5 10. Governing Law. The laws of the State of uaiizornia sna`Ii govern cne valiaity, construction, interpretation and effect of this Agreement. Notices.11. - to be given be in writing and shall be deemed to have been duly given, upon receipt, if delivered personally,or telecopied with receipt acknowledged, or mailed by certified mail,return _ receipt requested, or delivered by a recognized commercial carrier, to - parties at the addresses set forthbelow, address as any party shall have -designated for itself by ten (10) days prior written notice to the other party: If to the CITY: Terrence Belanger City Manager City of Diamond Bar 21660 East Copley Drive Diamond Bar, CA 91765-4177 With a copy to: Michael Jenkins, Esq. Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, CA 90071-1469 (213) 626-8484 If to DOLEZAL: / With a copy to: Robert E. Knudsen, Esq. 121 N. Harvard Avenue Claremont, CA 917il 12. Waiver, Modification and Amendment This Agreement may not be changed, modified or amended except by written instrument, specifying that it amends such . 990303 11393-00002 mj doleza12 0 - 6 - agreement and signed by the party against whom the enforcement of. �� _� .._ ---- �_ _a ""� .. ur_ v e. r. , �aaciaay c, ���v u.a. a.idal.ivaa, cww i,. c saa�vbt vt cdl dledddiC�U 1S usa sought. No provision hereof may be waived unless in a writing signed by all parties hereto. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein. 13. Entire Agreement. This Agreement and the instruments executed and delivered herewith contain the sole and entire agreement and understanding of the parties with respect to the entire subject matter hereof, and any and all prior discussions, negotiations, commitments and understandings related hereto are hereby merged herein.. No representations, oral or otherwise, express or implied, other than those contained in said documents have been made by any party hereto. No other agreements not specifically referred to herein, oral or otherwise, shall be deemed to exist or bind any of the parties hereto. 14. Agreement binding. This Agreement is binding upon, and shall inure to the benefit of, the heirs, executors, administrators, successors and assigns of the respective parties hereto and each of them. 15. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts. 16. Execution. This agreement may be executed in one or more counterparts, each of which shall be considered an original, but all of which together shall be deemed to constitute a single agreement. 17. Time of the essence. Time is expressly declared to be of the essence. 990303 11393-00002 mj doleza12 0 - 7 IN WITNESS WHEREOF, the parties have caused this r"yscc<<ieaaL` Lv ,e ezt=uuLuu cuj ui mile date far's , ser. forth above. Richards, Watson A o nes for Ci B `M-ichael J Gershon " of Diamond Bar Robert E. Knudsen, Esq. 7vy:Robert Dolezal Parties E. Knudsen, Esq. 0:1 • • ) M' Dy- . 1!.�- (J �-[�iVn Mayor Pro Tem /;V Byr City C rk Deputy) THE DOLEZAL FAMILY LIMITED PARTNERSHIP' THE DOLEZAL COMPANY 990303 11393-00002 mj dolezal2 0 — 8 — I 2 3 4 5 .6 7 8 9 10 11 12 13 14 15 16 17 11 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1, the undersigned, say: I am and was at all times herein mentioned, employed in the County of Los Aligeles, over the age of eighteen (18) years, and not a party to the within action or proceeding; that my business address is 121 North Harvard Avenue, Claremont, California; that on April 29, 1999, 1 served the within iJLATJQ 4 R �,.. SETTLEMENT AND on the interested party by depositing a true copy in a mailbox r . egularly maintained by the Government of the United States at Claremont, California, addressed to the attorneys or other representatives of record for said parties at the office address of said attorneys or representatives, as follows: Michael Jenkins City Attorney 21660 East Copley Drive Diamond Bar, CA 91765 Executed this 29"' day Of April® 1999, at Claremont, California. Cecili 6z ryTv,OF DIAMOND BAR, AGENDA REPORT AGENDA No. 7. ounci MEETING DATE: September 1, 1998 REPORT DATE: August 24, 1998 FROM: Terrence L. Belanger, City Manager TITLE: Exten . sion of Time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93 - Oak Tree Permit No. 95-2 and Mitigated Negative Declaration No. 95-2.. 1 SUMMARY: Warren Dolezal of The Dolezal Family Limited Partnership is requesting approval of a one year extension of time for Tentative Parcel Map No 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 in order to subdivide 2.55 acres into four lots for the development of four detached single family residences.' The request also includes an amendment to the Oak Tree Permit for the removal and replacement of one oak tree. The project site is located in the 3000 Block (north side) of Steeplechase Lane, at the terminus of Hawkwood Road, adjacent to "The Country Estates". At the July 14, 1998 Planning Commission public hearing, the Commission recommended approval of the extension of time and the removal of one oak tree at a 20:1 replacement ratio. RECOMMENDATION: It is recommended that the City Council approve a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2 and Amended Mitigation Monitoring Program. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification X— Resolution(s) Bid Specification Ordinance(s) Other: (see staff report attachments) Agreement(s) AL DISTRIBUTION: 1. Has the resolution, ordinance or agreement been reviewed X Yes No by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission 5. Are other departments affected by the report? X Yes ® No Report discussed with the following affected departments: Public Works Division REVIEWED BY: Terrence L. Belanger am e f6 CityManager am City f anager _ MEETING [� a: i�i�� I E.' September 491 TO: Honorable Mayor 1 Members o, the City,Council SUBJECT:' Extension of Time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2 and Mitigated Negative Declaration No. 95-2. ISSUE STATEMENT: Warren Dolezal of The Dolezal Family Limited Partnership is requesting approval of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 in order to subdivide 2.55 acres into four lots for the development of four detached single family residences. The request also includes an amendment to the Oak Tree Permit for the removal and replacement of one oak tree. The project site is located in the 3000 Plock (north side) of Steeplechase Lane, at the terminus of Hawkwood Road, adjacent to "The Country Estates". At the July 14, 1998 Planning Commission public hearing, the Commission recommended approval of the extension of time and the removal of one oak tree at a 20:1 replacement ratio. COMMENDATION: It is recommended that the City Council approve a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2 and Amended Mitigation Monitoring Program. FINANCIAL STATEMENT: N/A The property owner/applicant, Warren Dolezal, is requesting a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2. The extension's purpose is to allow the property owner/applicant additional time to resolve outstanding issues and modify -conditions related to the project approval. The project was first presented to the Planning Commission on April 24, 1995. On May 22, 1995, the Planning Commission recommended the project's approval to the City Council. On June 20, 1995, the City Council approved the project. The approved project will subdivide a 2.55 acre parcel into four residential lois for the eventual development of four custom single family residences ranging from 4,000 to 8,000 square feet. Lots will vary in size from .55 to .90 acres as delineated in the matrix below. H ,Iu g NUMBER GROSS ACRES/ b "t NET ACRES/ S D SQUARE ME 1 .90/39,204 .62/27,001 .14/6,098 2 .55/23,958 .55/23,958 .13/5,663 3 .55/23,958 .55/23,958 .15/6,534 4 .55/23,958 .55/23,958 .14/6,098 TOTAL 2.55/111,078 2.27/98,875 .56/24,393 The project site has a General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre. (R-1-3DU/Acre). The project complies with the General Plan in that the proposed density is 1.56. dwelling units per acre. The project site is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000). The project complies with the zoning in that the minimum lot size is 23,958 square feet. Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone and the Commercial - Recreational (C-R) Zone; to the south is the R-3-8,000 Zone, to the east is the R-1-20,000 Zone, and to the west is the R-1-9,000 Zone. Pursuant to the requirements of the Subdivision Map Act in existence at the time of the June 20, 1995 City Council approval, Tentative Parcel Map No. 23382 was valid for two years. During that two year period, it was required that the conditions of approval be satisfied or the tentative parcel map would expire. In 1996, the Subdivision Map Act was amended. At that time, if a map had not expired by May 14, 1996, it automatically was extended one year. Additionally, any permits issued in conjunction with a tentative map were not to expire earlier than the related map. As a result, Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 expiration date became June 20, 1998. Prior to the map's expiration, upon an application by the subdivider to extend the map, the map shall be automatically extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The extension of time request for. this project was submitted before Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 expired. The extension of time request does not alter the map's design or any standards or conditions of approval related to the Subdivision or the Conditional Use Permit. However, the time extension request includes amending Oak Tree Permit No. 95-2. The approved Oak Tree Permit application requires the preservation and protection of one multi -trunk oak tree (two trunks, approximately 116 inches in circumference, measured 41/2 feet above the mean natural grade, with a canopy approximately 50 feet in diameter) located within the center front portion of Lot 3. The original parcel map exhibit approved by Council located the oak tree on Lot 3 but adjacent to the side lot line shared by Lots 3 and 4. The issue of the oak trees location was brought to the City's attention after the parcel map's approval. Additionally, the tree is located within a landslide area. In order to mitigate the landslide area with the required buttress fill as prescribed by the City's engineering consultant performing the grading plan check, the oak tree must be removed. The possible relocation of the oak tree was discussed with an environmental consultant (Michael Brandman Associates) employed by the City. It was determined that this oak tree's chance of survival would be slim because of its large size. Therefore, the oak tree is proposed to be removed. 0 boxedThe Planning Commission's recommendation advises that the oak tree be replace at a 20:1 ratio with 36 inch due .o the s magnitude. As many possible r replacement oak to be located " +7i funowing minimum repiacement oaK Eree counT snail De iocaLea on-site: Lot 2 - two located adjacent to front property line; Lots 3 - one located ad acent to front property line; and Lot 4 - one located adjacent to front propertyline; Ia.' trees which can #` be located on-site shall 1'_ located off-site within the City 1 Diamond sa.. The off-site location shall be approved by the City. If an off-site location is not designated, a specified dollar .. •shallbe contributedy the applicationreplacement fund."1 oak trees shall be planted and irrigated when grading is completed. Planting shall be supervised by a certified and licensed landscaper, arborist or biologist. Currently, the applicant is achieving progress. toward final map approval. However, several issues need to be addressed. The primary issue is related to access through "The Country Estates" gates which must be resolved before final map approval. The project site is not within "The Country Estates". It is adjacent to "The Country Estates". As a condition of approval, prior to the final map, the applicant is required to make a bona fide annexation application to "The Country Estates" Association, which the applicant has done. Further, the project site is not part of the TADCO agreement. Consequently, access through "The Country Estates" is not available to the project site unless the project is annexed. Another issue was related. to an access easement over Steeplechase Lane. In a July 28, 1998 judgement of the court, it has been determined that the applicant has an easement over Steeplechase Lane. Other matter which must be resolved are: an appropriate driveway access for Lot 1 from Steeplechase Lane that must be delineated on the Map exhibit; clarification of statements within the CC&Rs and the "Buyers' Awareness Package"; providing "will serve" letters from the utility companies within 90 days of the final map's approval; providing a Subdivision Agreement; submitting an Erosion Control Plan, landscape/irrigation plan and sewer, water and storm drain improvements plans to be reviewed and approved by the City; providing easements for drainage and sewer purposes which will be dedicated to the City; and a plan detail for the installation of lighting at the end of Hawkwood Road. Pursuant to the guidelines of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995. Due to the removal of one oak tree, this environmental document (pursuant to CEQA Section 15162) was amended to reflect issues related to the removal and replacement of the one oak tree in accordance with the Planning Commission's recommendation. Notice for this project was published in the Inland Malley Daily Bulletin and the San Gabriel Valley Tribune on August 10, 1998. Public hearing notices were mailed to approximately 71 property owners within a 500 foot radius of the project site on August 5, 1998. The applicant is working toward resolving the referenced issues in order to comply with all conditions of approval. The applicant cannot resolve outstanding issues or satisfy conditions of approval related to the applications unless the one year extension of time is granted. Compliance with all conditions of approval and resolving the referenced issues to the City's satisfaction is required before the final map approval. 11 Ann -U. Luftu 61 Associate Plar 1. City Council Resolution approving the extension of time; 2. Planning Commission Resolution N•-. recommending approval of the extension of time; 3. Planning Commission staff report dated July 14, 1998 and meeting minutes; 4. City Council Resolution Nos. 95-36 and 37; 5. gated Negative Declaration No. 95-2 (revised March 1995) and Mitigation Monitoring Program dated March 1995; 6. Mitigated Negative Declaration No. 95-2 Amended June 1998 andgation 'Monitoring Program Amended June 1998; 7. Correspondence dated July 14, 1998 for John Guy, attorney representingCountry Estates" Association; 8. Correspondence dated July 28, 1999 from Robert E Knudsen, Attorney at Law and Judgement of the Court dated July 28, 1998; 5. Exhibit "A" subdivision map for TPM No. 23382; and 10. Rough Grading Plan for TPM No.23382. 2 SETTLEMENT AGREEMENT AND This Settlement Agreement and Mutual Release of Claims C' Agreement") is entered into by and between The Dolezal Company, a California corporation, (hereafter Wolezal) , and the Diamond Bar Country Estates Association, a ' California non-profit corporation (hereafter DBCEA) . This agreement is effective on the date last signed below by a party. This agreement is entered into with respect to the following facts: A- Dolezal is the owner of real property in the City of Diamond Bar located adjacent southerly to Lot 29 of Tract No. 30299 of the Diamond Bar Country Estates and adjacent westerly to the westerly line of the southerly prolongation of Steeplechase Lane, in the City of Diamond Bar, County of Los Angeles, State of California and more fully described as Parcel 3 of Parcel Map 7409, recorded December 9, 1976 in Book 74 Pages 3 and 4 of Parcel Maps in the office of the County Recorder of Los Angeles County, California (hereafter the Dolezal property). Dolezal is in the process of subdividing the Dolezal property into buildable 'lots (hereafter the Dolezal development) as Tentative Parcel Map 23382. Tentative Parcel Map 23382 provides. for four lots in its current configuration but will be reconfigured to. provide for three lots in accordance with paragraph 2 below. B. The DBCEA is a non-profit corporation organized and existing in California. The DBCEA is the holder of easements for private street purposes over certain private streets including, but not limited to, Steeplechase Lane as they run through the Diamond Bar Country Estates which is an area commonly known as the " The Country " in the City of Diamond Bar, which streets are more particularly described on the Map of Tract 30289, as recorded in Book 743, Pages 42 et seq. , of Maps in the Offices of the County Recorder of said County. C. , On October 23, 1998, Dolezal filed suit against the DBCEA and others in the Superior Court of Los Angeles County, California, East District, Case Number: KCO29327 . Among other things, the suit alleges that Dolezal is entitled to easement rights for ingress and egress over the private streets of the Country which are owned by the DBCEA for access to the Dolezal property. The DBCEA has denied these contentions. D. The parties hereto wish to resolve and settle all issues and disputes with regard to the lawsuit and wish to avoid the uncertainty, costs and risks involved if the litigation is continued. DBCEA Agreementmps-4/14/99-9i 1 E. This Agreement is not to bedeemed an admission of any liability by any party to any element, issue or dispute between the parties. Therefore, in -view of the foregoing, the parties make the following agreements and releases: 1. The DBCEA shall grant to Dolezal a written easement for ingress and egress over certain of the private streets of the Country in the form attached hereto as Exhibit "N'. This easement shall be for the benefit of each of the lots in the Dolezal development and shall provide the Dolezal development with ingress and egress through the Country to the main 'gate on Diamond Bar Boulevard in the most direct .route possible. The easement will provide Dolezal with access only as identified -and will not provide Dolezal with use of other streets within the Country other than as identified in the easement. 2. The Dolezal development shall be limited to a maximum of three lots and Tentative Parcel Map 23382 will be reconfigured or replaced with a new map to comply with this requirement. Each lot shall be used only for a single-family residence and appurtenances and the lots may not be further subdivided. Dolezal agrees to pay the DBCEA the sum of $10,000.00 per lot for the above-described access rights. The $10,00.00 fee is due on a lot upon the close of escrow of a sale or any transfer by Dolezal of a particular lot or lots in the Dolezal development, or by December 31, 2000, whichever is sooner. The Dolezal obligation shall be secured by a deed of trust against the Dolezal property. The deed of trust shall be held by counsel for the DBCEA and recorded only in the event of default by Dolezal under the terms of this agreement. 3. The Dolezal development shall also be subject to the following obligations: a. The recorded Covenants, Conditions & Restrictions (hereafter CC&R's) for the Dolezal development shall establish a homeowner's association (hereafter referred to as the Dolezal development association) and shall provide that the owners of said lots and their guests and invitees shall abide by all rules and regulations of the DBCEA_ The DBCEA shall have the power to impose fines on the Dolezal development association for violations of rules and regulations by a lot owner, with the fight of appeal of any fine. The provisions of the CC&R's relating to the terms of . this agreement may not be amended without the written approval of the DBCEA_ b. The Dolezal development shall share in the cost of the maintenance of the Diamond Bar Gate of the DBCEA during the period of grading and construction of the development's lots. Dolezal shall not commence grubbing, grading or construction without the approval of the City of Diamond Bar. Dolezal shall pay construction fees of $500.00 per month for each of the three lots commencing from the time of clearing, grubbing, or grading of a lot, whichever comes first, and shall continue DBCEA Agreerrientmps-4/14/99-9i 2 until the- filing of a notice of completion for the grading. If Dolezal constructs homes prior to any lot sale to a new, owner, it shall pay the $500.00 per month construction fee for each lot from the start of the home's construction to its notice of completion. c. Each lot in the Dolezal development shall share in the costs of the DBCEA for security, road maintenance, liability insurance, and gate maintenance in the sum of $52.00 per month. This fee shall commence for a lot at. such time that the access. fee set forth in item "2" above has been paid or upon transfer of a lot to a third party by Dolezal, whichever occurs first. This monthly fee shall be subject to an annual'increase equal to the increase in the United States Department of Commerce Consumer Price Index for the Los Angeles/Long Beach Metropolitan Area as published in the Wall Street Journal beginning January 1, 1999 (hereafter CPI). d. Each lot in the Dolezal development shall pay to the DBCEA the sum of $9.15 per month for the access system currently in place or any subsequently installed access system, which is substantially similar in operation and cost. This fee shall commence for a lot at such time that the access fee set forth in item "2" above has been paid or upon transfer of a lot to a third party by Dolezal, whichever occurs first. This monthly fee shall be subject to an annual CPI increase. e. The obligation to pay the monthly maintenance fees' set forth in "3c" above and the monthly access fees set forth in "3d" above, and any fines assessed by the DBCEA as set forth in "3a above shall be an obligation of the Dolezal development association as well as the individual homeowners. The DBCEA shall bill the Dolezal development association for all maintenance fees, access fees and fines. It shall be the obligation of the Dolezal development association to pay all such assessed fees and fines and to collect such assessed fees and fines from the appropriate lot or lots in the Dolezal development. The DBCEA shall have the right to proceed directly against the Dolezal development association for any unpaid fees or fines. The DBCEA may pursue any action at law or in equity available to it to enforce any unpaid fees or fines. It shall not be a defense to any such action that the Dolezal development association has been unable to collect any unpaid fees or fines from a particular individual owner of a lot in the Dolezal development. f. (1) All contractors, subcontractors and other parties involved in the construction of the Dolezal development shall maintain liability and damage insurance and all equipment shall be bonded. (ii) Dolezal shall be responsible for any charges or fines levied against any such contractors, subcontractors or other persons for violations of DBCEA CC& R's or other rules or regulations and for any damage or injury caused by such persons. DBCEA Agreementmps-4/14/99-9i 3 g. There shall be a 120,000 -pound weight limit on any construction equipment using the private streets of the DBCEA- Any damage to the private streets of the DBCEA caused by construction equipments be repaired by Dolezal and shall be secured by a bond or other surtey. h. Dolezal shall have the option of having the Dolezal development subject to the architectural guidelines and review procedure of the DBCEA- If Dolezal elects this option, Dolezal or any subsequent lot owner in the Dolezal development shall be obligated to pay the architectural review fees of the DBCEA which are then in effect. i. Neither Dolezal nor the Dolezal development association shall advertise or otherwise represent that the Dolezal development is part of "The Country" or the DBCEA. j. DBCEA shall notify the City of Diamond Bar that Dolezal has access to its property through the Country and that the DBCEA has no opposition to the development plan for the Dolezal property. 4. Each of the parties covenants and agrees to sign all documents necessary and to perform all other acts required to complete the terms, covenants and conditions set forth in this Agreement. S. Dolezal shall file a dismissal with prejudice as to the DBCEA of the lawsuit referred to in paragraph C above. Dolezal shall bear his own costs and attorneys fees and shall also pay the reasonable fees and costs incurred by the DBCEA in the process of preparation, review and approval of any documents necessary to complete this agreement. 6. In consideration of the covenants and agreements set forth herein, Dolezal, on the one hand and the DBCEA, on the other hand, release any and all claims, actions, causes of action, demands, agreements, contracts, covenants, suits, obligations, judgements, losses and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown (collectively referred to herein as "claims" ) each party has against the other which relate in any manner to the lawsuit referred to in Paragraph C. This release *includes any claims any party has against the other's partnerships, partners, successors, attorneys, corporations, predecessors, assigns, agents, subcontractors, and employees. DBCEA Agreementmps-4/14/99-9i 4 T' It is understood by all parties that other damages not now known may develop or be discovered or consequences or results may develop or be discovered and that this release is expressly intended to cover and include, and does cover and include, all such future damages or future consequences or results. of known or unknown injuries and damages in regard to the above-described litigation. It is finther understood that the provisions of Section 15.42 of the Civil Code of the State of California are expressly waived by all parties with respect to the matters referred to herein and all parties acknowledge that said section provides the following: " A general release does not extend to claims which the creditor z does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 8. The release set forth in this agreement shall not apply to any damages or other rights accruing to any party due to any other party's breach of this Agreement. 9. This agreement shall bind and inure to the benefit of the parties and their respective partnerships, partners, successors, attorneys, corporations, predecessors, assigns, agents, subcontractors and employees. 10. This Agreement shall be governed by and interpreted according to and under the laws of the State of California. 11. In the event legal proceedings are instituted to interpret, enforce or for breach of any of the terms of this Agreement, the prevailing party shall be entitled to recover all of his, her or it's attorneys' fees and costs incurred. 12. This Agreement constitutes the entire agreement between the parties and it is expressly agreed and understood that this Agreement may not be altered, amended, modified or other wise changed in any respect whatsoever except by a writing duly executed by the parties hereto. 13. Each of the parties expressly represents and warrants that he, she or it has full power to enter into this Agreement and that he, she or it has not assigned, conveyed, encumbered or transferred all or any portion of the claims or rights covered by this Agreement. 14. Each of the par -ties has received independent legal advice from his, her or its attorneys with respect to the advisability of entering into this Agreement. 15. This agreement may be recorded by either Dolezal or the DBCEA. npc,P:A ArimpmPni wn-,-4/14/99-gi 5 Dated:—-/"�A�-9 Dated: Approved as to Form Dated:—�(//6A g� Dated: I Ro E. E. Kpu *'n, Esq. Loren C. Phillips, Esq. 13 Pilkerton Consultants, v co'. P.O. Box 2790 = , La Labra, California 90632-2790. (562) 697®1382 April 2, 1999 Bob Rose, Director Community Services City of Diamond Bar 21660 East Copely Drive, Suite 100 Diamond Bar, California Subject: Coast Live Oak @ Steeplechase near Hawkwood At your request an inspection and evaluation was conducted on a Coast Live Oak (Quercus agrifolia) growing on the shoulder of Steeplechase in the vicinity of a new residential construction site. The Oak tree appeared to be healthy, with a full crown of green leaves, and a strong, sound trunk and branching structure. As is common with large, native trees there are a few small dead branches sparsely scattered throughout the tree. It is my professional opinion that this Oak should survive the nearby construction for some years. The following steps are highly recommended to support this opinion: ® Hand remove all construction debris a minimum of 10 feet beyond the dripline around the entire circumference (no mechanized e@pment), EM ® Place a protective chain link fence around the entire circumference a minimum of 10 feet outside the dripline. ® No Grading or soil excavation changes are permitted within this protected zone. Have a professional tree worker (Certified Arborist) climb, without gaffs, and remove deadwood only. Respectfully, C.J. Pilkerton, Registered Consulting Arborist 4326 Photos included CITY COUNCIL ABSOLUTION Am Recitals 4. Notification of the Planning Commission public 1 heaArin, for this project has been made in the San Gabriel Va 1 - i� . _ ,r. � �e. City of Diamond Bar. Based upon the findings and conclusions set forth herein, this.city Council, hereby finds as follows: (a) The project request relates to a vacant parcel of 2.55 gross acres located at the extreme northwestern edge of SEA No. 15 in the 3000 block (north side) of Steeplechase Lane at the terminus of Hawkwood Road and adjacent to a gated community Adentified'as "The Country Estates". (b) The project site is located within the Single Family Resident ia 1 -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. It has a draf t General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (RL - 3 Du/Acre). (d) The proposed parcel map is consistent with the City's draft General Plan and zoning standards. (e) The design and improvements of the proposei, subdivision complies with the City's draft.General Plan, local ordinances, and State requirements. (f) The project site is physically suitable for this type of subdivision. (g) The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (h) The design of the subdivision or the type of improvements is not likely to cause serious public health problems. design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property with in the proposed subdivision. 0 5. Based upon the tinaings ana conciusions sem rorzn above, the City Council hereby approves this Application subject to the following conditions: (1) Tentative Parcel Map No.. 23382 shall be developed in substantial conformance to plans dated June 20', 1995, labeled Exhibit "A" and Exhibit "B" as submitted and approved by the City Council. (2) The approval of Tentative Parcel Map No. 23382 is granted subject to the approval of the Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2, and Mitigated Negative Declaration No. 95-2. accordance with Government Code Section 66474.t 2 (6.) All reauiremants ot the zoning urni-nancF, anri nt,, the underlying zoning of the subject property shall be complied with, unless otherwise set forth in the permit or shown on the approved plans. 17) The applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of -the final map per Code Section 2124.340. (13) The Mitigation Monitoring Program (MMP) fees shall be deposited with the City prior to issuance of a grading permit. All costs related to the ongoing - monitoring shall be secured from the subdivider 9 and received by the City prior to the final map approval® CV I materia15, W L t -ILL -a I- J.1 A y IJ " t -%;;9D ULher access areas within "The Country Estates". (26) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject properties. (27) This grant is valid f or two (2) years and must exercised (i.e. construction) within that peri or this grant shall expire. A one (1) ye N extension may he requested in writing, submitt to the City, 30 days prior to this grantM.- expiration date. I (2) A title report/guarantee and subdivision guarantee showing all fee owners and, interest holders, and nature of interest shall be submitted when a parcel map is submitted for mahs " . e, he parcel map is filed with the County Recorder. An updated title report/ guarantee and subdivision guarantee shall be submitted ten (10) working days prior to parcel map approval. easements existing prior to parcel map approval shall be identified and shown an parcel map - If an easement is blanket or indeterminate P .6 J. Gd. t- � Lia I I be shown --®n the parcel map in lieu ®f showing its location. %19) The f inal subdivision grading plans (1" = 401 or larger scale, 24" x 36" sheet format) shall be submitted to. and approved by the City Engineer prior to issuance of any building or -gradin-t- permits and prior to parcel map.approval. (11) Applicant/Subdivider shall submit to the City -Engineer the detail grading and drainage M construction cost estimate for bonding purposes of all, grading, prior to approval of the parcel map. (12) Precise f inal grading plans f,Qr each parcel shall be submitted to the ance City Engineer for approval prior to issuof building or grading permits. (This may be on an incremental. or composite basis.) (14) All landslide debris shall be completely removed prior to fill placement or,other approved remedial measures implemented as required by the final geotechnical report and approved by the. City Engineer. UU4 (16) Final subdivision grading plans shall be - designei in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial -earthworm specified in the final report shall be incorporated into the plans. (17) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. MH Angeles standards. (22) Easements 'f or disposal of drainage water onto ol-5 over adjacent parcels shall be delineated a shown on the parcel map as. approved by the Ci Engineer. (24) An erosion control plan shall be submitted to and approved by the City Engineer prior to issuance of grading permits. (25) An offer of easements for drainage and drainag-:- improvements, as required by the City -Engineer, shall be made on the parcel map prior to parcel map approval. IN (32) The street light at end of Hawkwood cul -de -s shall be constructed to the satisfaction of t City Engineer. I W (JJ) 'All UL..L.L.LLy J_LIIr­V aAICL.L.L &J= LJ.LG&k-r--%A in and adjoining the proposed tentative subdivision map . (3 4) Curbs and gutters for cul-de-sac at end of Hawkwood shall be constructed to the satisfaction of the City Engineer. (36) Each dwelling unit. shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving 'the subdivision shall beconnected to the City sewer system. 14 f 01 An offer of PaRAMRnts for sewer systp-m shall be made on the parcel map prior to parcel map approval. M hd n't -- - - - - sole cost and expense, shall construct reclaimed water system improvements, including main and service lines capable of delivering reclaimed water to all portions of the subdivision. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all . reclaimed water system improvements prior to approval of the parcel map. The city clerk shall: V (a) Certify to the adoption of -this,Resolution; (c) Forthwith transmit a certified copy of this Resolution, by certified mail to: Warren DoleZal of the Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401; APPROVED AND ADOPTED THIS THE 20TH DAY OF JUNE, 1995, BY TVE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: —ZPZ&ylAlis E. LPa M AYESe COUNCIL MEMBERS: Ansari, Harmony, MPT/Werner and M/Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: y -ty-r,da Burgess, city clerk M CITY COUNCIL RESOLUTION NO. 95- 37 0 M M F -T-1 4M 3. The City of Diamond Bar lacks an operative General Pla"M Accordingly, action was taken on the subje application, as to consistency to the Draft Gener Plan, pursuant to the terms and provisions of the Of f il 0 Or California Government Code Section 65361. Notification of the Planning Commission public hearin. _U141 116 1110M.T.M. a r, 7. The City Council of the City of Diamond Bar, on June 20, 1.995 conducted a duly noticed public hearing on the IP Application. 8. All legal,prerequisites to the adoption of this Resolu- tion have occurrnd. VM_ NOW, THEREFORE, it is f ound, determined and resolved by the City Council of the City of Diamond Bar asfollows: 1. The City Council hereby specifically finds that all of the f acts set forth in the Recitals, Part A, of this Resolution are true and correct. IN Section 753.5 (d) of Titla 14 or the cin i', rornia c -one nv ReCiUlations. (d) The proposed project will not be in substantial conflictwith - the draft General Plan, os and State requirements. proposed project will notadversely affect the peace,r mpersons residing or workinga proposed r" detrimental" -yea t or valuationa property of other persons located in the Vicinit of site. 0 er16�6iaJ.�g ®r otherwise constitute a menace t® public health, safety ®r general welfare. adequatelyThe project site is , by highways sufficientor streets Of width and i.mproved as axquantity�: traffic} _ would (j) The proposed project is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate an* sufficient undisturbed areas. .1k) The proposed project i ' s designed so that wildlife movement corridors (migratory paths) are left in an undisturbed and natural state. i sufficientThe proposed project retains project. veqetative cover and/open spaces to buff critical resource areas from the recqpuest,,IS_*, Where -necessary, f ences or walls are provided v buffer impor _.,fie;_ b.,areas :,._o3 d6velopment. (n) The proposed project is designed.to maintain water bodies, watercourses, and their "tributaries in a natural state. (o) The roads and utilities serving project are located and designed so as not to conflict with critical resources, habitat areas or migratory p FIERAIRATIM,j -, -,kF. (p) The proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope EI b991.94-9,. =e e-- F1 1 LW—f hazard =IAM _L _L I IU L_ Ljt:� t=.L1 CL. _L V � 1Y1'9 TI I I n 93 n c, -v-- 1 4- remaining Planning Division processing fees. (6) All requirements -of the Zoning ordinance and the underlying zoning , of the subject proper shall be complied with, unless otherwise set for in the permit or shown on the approve plans. (7) The applicant shall satisfy the City's park obligation by contVibuting an in-lie'u fee to the City prior to recordation of the. final map per Code Section 2124.340. N. .L%du bm& .4LAak--naedm.. ®--- --- Association for 'Tract No. 47722. ig 'qurh, jnprlixi-inn a)i,= , I I t=- parties. (17) Construction equipment and/or related construction traffic shall not be Permitted to enter the project site from Hawkwood Road. (18) Parcel Map No. 23382 shall maintain a minimum 20 foot wide (open clear to the sky) paved access road along and within that public utility and public services easement on the westerly portion of Lot 1 -and between the cul-de-sac of Hawkwood Road and the knuckle of Steeplechase Lane, to the satisfaction of the Los Angeles County Fire Department and the City Engineer. The access shall be indicated on the map as a "Fire Lane". Veffiicular or pedestrian gates obstructing. the access shall he of an approved width and shall be provided only with locking devices and/or override mechanisms which has beeft approved by the Fire Chief. t 1:1 • receint --migned ------has indicating that the prospective purchaser received and read the information in the package. The applicant shall incorporated within the CC&RIs a reference to the availability of said package and the fact that a copy thereof is on file in the City of Diamond Bar's City Clerk's office® (20) The project applicant, through the "Buyer Awareness Program", shall encourage the segregation of green wastes for reuse as specified under the cityfs Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (24) The emergency access gate at the terminus of Hawkwood Road shall be consistent, in design and materials, with existing 'gates Jocated at other access areas within "The Country'Estates". AJ 4-1��f-,v,,A i Tiff -=P?4i resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. 071" (11) Applicant/Subdivider shall submit to the City d�11t��,dd L 4®td� �Q. .o��m - �•+��®•� �aa� .m��aaaa�c '. construction cost estimate for bonding purposes of all grading, Prior to approval of the parcel map. E %116) Final. subdivision grading plans shall be designed I in compliance with the recommendations of the final detailedsoils. and engineering geology reports. All remedial earthworm specified in the final report shall be incorporated into the plans. (17) Grading plans shall be signed and stamped by a California registered Civil Engineer, registeref Geotechnical Engineer and registered Geologist. W m 91 appx-®vea Dy Lae: City Engineer prior t® LS ,L iaL-= grading permits. m (34) Curbs and clutters for cul-de-sac at end of Hawkwood shall be constructed to the satisfaction of the City Engineer. (36) Each dwelling -unit shall be served by a separate sewer lateral which shall not cross any othet lot lines. The sanitary-seWer system serving the subdivision shall be connected to the City sewer system. M approval. Applicant/subdivider shall submit �to the City Engineer the detail cost estimate for bonding purposes for all sewer system improvements prior to approval of the parcel map. M- public services purposes, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval® M Th� t- � 4- w r I rk c h n I I ,/a) Certifv to the adoption of this Resolution; APPROVED AND ADOPTED THIS THE 20TH DAY OF JUNE, 1995, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR X� BY: y 'Vilis llis E. Pape , Mayor AYES: COUNCIL MEMBERS: Amari, Harmony, MPT/Werner and M/Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ATTEST:VLYP-d� Eurgess, City Clerk " w1k MITIGATED NEGATIVE DECLARATION NO. 9® for Dolezal Family Limited Partnership Parcel Map No® 23392 .Conditional Use Permit No® 92®1 Oak Tree Permit No® 95®2 Prepared by: .David Tanner & Associates and The City of Dimond Ear Community Development Department Prepared® April 1993 Revised: March 1995 Dolezal Family Limited Partnership Project Parcel Map No. 23382, Conditional Use Permit 92-1, and Oak Tree Permit No. 95-2 1 City of Diamond Bar PROJECT DESCRIPTION ® DUTL&L STUDY V P I OF I I M, 1111 ff-, 74 13 11 ark t' TIF two I W -IT I ql -11v M 5M LIYY t1J1,"er1T"t717• 497M7 RM0TWW aMp Mr-WNWO-V fL -, % ,M_ - i - -ttwl No. 95-2. The Parcel Map proposes to divide a 2.55 gross acre parcel into four residential lots. The Conditional Use Permit is required by the City of Diamond Bar Hillside Management Ordinance for grades in excess of 10% and for lots which are. in or partly in an area designated as a significant ecological area. The project applicant proposes a private development containing four custom homes. Homes would range in size from approximatel 4,000 to 8,000 square feet -y and would be marketed to upper income families. 'Access to the site will be provided through the "The Country Estates" development. "The Country Estates" development is a private community having restricted access. The project site is proposed to be annexed toCountry Estates" Homeowners Association. A secondary emergency access route will be provided through a gated connection between Ste-eplechase Lane and Hawkwood Road (Baldwin, Tract 32974). Street lighting is not proposed. Parcel Map No. 23382 has been provided for review in Figure 1. Location and Access Location® T2S R9W 1/4 OF NW 1/4 SEC. 28 (YORBA LINDA 7.5' QUADRANGLE, SBBM) APN: 8713-017-08 Access: Regional access to the project vicinity is provided by the 57 Freeway. Arterial access to the project vicinity from the 57 Freeway is provided by Diamond Bar Blvd. Local access to the project site from Diamond Bar Boulevard is obtained from Shadow Canyon Drive, south to Steeplechase Lane, then southwest to its terminus at the southeastern boundary of the project. A Location map is provided on Figure 2 for review. 0 m P'll swill 0 U 1 604 David J. Tanner Location Map I & Associates, Inc. 3 ' Tentadve Pmel Map 23382 The prcject site'(located within Tonner Canyon/Chino Hills SEA No. 15) is in Class 7. This particular SEA Class contains undisturbed stands of southern oak woodland, chaparral, coastal sage smb, riparian woodland complex, California Walnut, and intermitent stream in the canyon MiW A_ � 1 1, 0, _010MARRIFIM tiftlelits - I 6�m Landform: The project site is irregular in shape, encompassing 2.55'gross acres. Elevations on- site range from 1077± at the southern property line to 1022+ along the northern property line. The site slopes downward to the north averaging 15-20%. Approximately 75% of the site has been previously graded. Prior grading activities included: remedial grading to correct an unstable slope condition over the western/central portion of the site, grading for Steeplechase Lane along e southern boundary of the site construction of an emer�enc access road alon; 1 awestern�e Existing Land Use: The project site is privately owned vacant land. The entire -project site is disked regularly by the County for fire prevention purposes. The project applicant is not utilizing the property in anticipation of development. Man-made Improvements: Six foot perimeter chain-link fencing has been erected on the north, east and west to restrict access. A 40 foot general utility and access easement containing a 20 foot paved emergency access drive for the Las Brisas Condominium project is located along the western site. boundary. A concrete "V" ditch to control surface runoff has been constructed atop a manufactured slope (shear key) paralleling the northern property line. The entire site has been previously disturbed by grading and or disking. Numerous pieces of 12 inch ACP water pipe left over from the construction of Steeplechase Lane are present on the property, along with isolated areas of domestic litter. The project site lies adjacent to Steeplechase Lane, an unpaved private dirt road connecting Hawkwood Road (Baldwin, Tract 32974) on the west to Wagon Train Lane (serving i'. 2a to the south) and "The Country Estates" development (Tract 30289) on the east. Steeplechase Lane has a 60 foot right-of-way. 'Once improved, Steeplechase Lane will have two 14 foot travel lanes. An underground water main and fire hydrant have been constructed within the right-of-way of Steeplechase Lane adjacent. R View from the high point on the site looking north. Las Brisas Condominium project in foreground, 57 Freeway in background. View from the high point on the site looking northeast. Las Brisas Condominium project in foreground. The Country development to far right. Site Photos h Photo Taken: March 1993 David J. Tanner '0 4 Tentative Parcel Map 23382 Fig= '0 7 Q, ± View from the high point on the site looking north. Las Brisas Condominium project in foreground, 57 Freeway in background. View from the high point on the site looking northeast. Las Brisas Condominium project in foreground. The Country development to far right. Site Photos h Photo Taken: March 1993 David J. Tanner '0 4 Tentative Parcel Map 23382 ("The Country Estate" development, Tract 30289) and west (Baldwin, Tract 32974). Multi -f , * housing lies adjacent to the project site on the north (The Las Brisas Condominium project, P sidential land uses have been"" 11 roved or are proposed on the so u z nrnnncP4 VPqi nor Ten N five TT;RCR"V)MJ lifi"U_666904���� e oca te Division of Forestry utilizes a portion of Pare 1 Map 1528 1 ted south of the project si as a temporary emergency helicopter landing pad. Existing Environmental Setting Drainage: Surface runoff sheet flows to the north where it is intercepted by a concrete lined "'I'" ditch paralleling the northern property line. From this point runoff flows easterly into the Brisa.s Condominium project where it is channeled into an underground storm drain system. Flora and Fauna: Two biological site investigations have been conducted on the project site. The first was conducted under contract with the project applicant in August of 1992 1. The second survey was conducted under contract with the City of Diamond Bar in March 1993 1. The purpose of the second survey was to have an independent evaluation of the applicant provideii biological survey. Both biological site surveys concluded that the site has been severely disturbed by past surface scraping/disking. The project site is disked regularly by the County for fire prevention purposes. Pre -disturbance v Ygm—ation, based on extant remnants, consisted of coastal sage shrub and California Walnut Woodland, a designated special interest community. The site is bordered on all sides by development, further fragmenting the remnants of the walnut woodland. The wildlife potential on-site has been effectively removed due to past disturbance. Implementation of the project will eliminate approximately 0.5 acre of remnant walnut woodland. Biological Site Assessment, Parcel Map 23382 O'Farrell Biological Consultants, August 4, 1992 Biological Site Assessment, Parcel Map 23382 Biological Assessment Services, March 10, 1993 11 2. Address and Phohe Number of Proponent: Dolezal Familv Limited FlartnershiD 42U I s i, CA Jjouth Higuera StLe�an �LouiSOb=_34Q1Ph ne: (805) 544-U20 9 ry 0-1. Name, Address and Phone Number of Project Contact- Hun,%?-ker And Associates San Dieeo. 1017) Hunngkp ms Street, S Phone:(619 -4 Contact Person: Mr Lex Williman 4. Date of Environmental Information Submittal: Februarv-17, 1992 5. Date of Environmental Checklist Submittal: ADril 5. 1993 6. Lead Agency (Agency Required Checklist): City of Diamond Bar 7. Name of Proposal if applicable (Tract No. if Subdivision): Tentative Parcel Mal) 23382, Conditional Use Permit 92-1 and Oak Tree Permit NO. 95-2. Variance: x Conditional Use Permit: _X Zo ne Change: ' x General Plan Amendment: x Oak Tree Permit x Tract Map x x (Attach Completed EnWronmental Information Form) a 15 b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? C. Alterations of the course or flow of flood waters? d. Changes in the amount of surface water in any body of water? into or in any e.. Discharge surface waters, alteration of surface water quality including but not limited to dissolved oxygen and turbidity? f. Alteration of the direction Or rate of flow of ground waters? 9. Change in. the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? -otherwise h. ater Substantial reduction in the amount of water-- otherwiseavailable for public water supplies? i. Exposure of. People Or property to water related hazards such as flooding? 4. Plant Lite. Will the proposal result in: a. Change in the diversity of species, or number of, any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction in the numbers of any unique rare of endangered species of plants? C. Reduction in the. size of sensitive habitat areas or plant communities which are recognized as sensitive? d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop? 15 17 be Probable interference with an emergency response plan or 'an emergency evacuation plan? 11. Population. Will the proposal- r® sal:a. a.Alter the location, distribution, density; or growth rate of the human population of an area? 12. Housing® Will the proposal affect- a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? C. Substantial impact of existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 17 YES ..ice 4d iddbdd b Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? C. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area. 19 a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or vi Idl i f e species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce 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 prehistory? b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long -term, -environmental goals? C. Does the proposed project pose impacts which are individually limited but cumulatively considerable? d. Does the project pose environmental effects which will cause substantial adverse effect's an human .beings, either directly or indirectly? 19 Dole zal Family Limited Partnership Project M A'- WT_ 'r— T)a-4 WT- nC I City of Diamond Bar 1. Earth: (a -g) Potential Impact: The proposed project will result in grading over the majority of the site to create residential building pads and yard areas. Approximately 2,300 cubic yards of earth redistribution is anticipated. Grading of the 2.55 ± acre site will alter the existing contour of the land. Grading will have the potential to result in short term soil erosion, and may induce accelerated sedimentation/siltation of downstream flood control facilities. Grading will also result in disruption, displacement and compaction of these erodible soils. Site development win subject future residents to earthquake haza dous typically experienced throughout Southern California. Discussion: Approximately 75 % of the site has been previously graded. Prior grading activities included; remedial grading to correct an unstable slope condition over the westem/central portion of the site, grading for Steeplechase Lane along the southern boundary of the site, construction of an emergency access road along the western site boundary and remedial grading to construct a shear key along the northern property line for the Las Brisas Condominium project. The site is disked regularly by the County for fire prevention purposes. The impact to the natural landform from site grading is considered insignificant. Erosion and sedimentation can be readily controlled by various management practices and techniques through an erosion control plan. An erosion control plan and National Pollutant Discharge Elimination System (NPDES) permit are required prior to site grading. These programs incorporate the following erosion control measures to insure that the potential for increased erosion and sedimentation during grading are maintained at a level of insignificance. Erosion Control Measures M1=101111-17MOTETTI'M - I the loss of on-site soils as required by the City of Diamond Bar. All appropriate cleared areas will be re -planted immediately after grading to prevent the erosion of soils by wind or water. These plantings may be permanent or temporary in nature. All cleared areas will be regularly watered to prevent erosion by wind or water. Watering will be increased on excessively hot or windy days; grading activities win cease when wind speeds exceed 15 mph and during Santa Ana conditions and during Stage I smog episodes. 21 energy efficient appliances and building practices. Combined, these measures minimizing the potential for significant impacts to air resources. Finding: Site development may have a signincant impact on me enviroruneni. 11110Wr'Vr'r' existing regulations mitigate potential impacts to a level of insignificance. Discussion: Site development will not result in the need for new or upgraded off-site d . rainage facilities. The incremental increase in off-site runoff and on-site absorption anticipated from site development is considered insignificant. fl'_rosion and sedimentation can be readily controlled by various management practices and techniques through an erosion control plan and NPDES permit. The grading permit and NPDES process is designed insure that. potential erosion and siltation effects to -water resources are maintained at a level of insigncance. Finding: Site development may have a significant impact on the environment. Howeve existing regulations mitigate potential impacts to a level of insignificance. i 4. Plant Life: (a -d) Potential Impact: Site development will result in removal of all on-site vegetation with the exception of one oak tree within lot #3. Site grading and development in close proximity to this oak tree could destroy it. New urban landscapes will be planted by the individual home owners following development. Discussion: The project site has been severely disturbed by past grading, surface scraping and disking. The project site is disked regularly by the County for fire prevention purposes. The site is bordered on all sides by existing and or planned development. The project site, is located at the extreme northwestern edge of the Tonner Canyon/Chirll Hills Significant Ecological Area (SEA) No. The City has identified oak trees asa valuable resource. Oak woodlands have, been rapidly decreasing in size throughout Southern California as a result of wide -spread urban development. The City has adopted an Oak Tree Permit process to protect these oak resources. While the proposed project does not propose to remove the singular oak tree on-site. The following measures shall be considered during the site plan review stage to minimize accidental damage to the oak tree. M no' ise. Short-term construc Uon noise wid be generat I ed iocad , y duringth I e I construction of each residential unit. The use of the automobile by future residents will result in an I incremental increase in long-term noise levels within the community. Discussion: Ambient noise levels within the project site are considered low. Existing ambient noise is generated by low density residential land uses. Approval of the project is not anticipated to subject people to noise levels in excess of state or local standards for interior.and/or exterior residential uses. The . project developer(s) is required to comply with existing regulations that govern construction noise, minimizing potential impacts to nearby noise receptors. Finding: Site development may have a significant impact on the environment. However, existing regulations mitigate potential impacts to a level of insignificance. Potential Impact: Site development may result in the generation of long-term light and glare. Discussion: Ambient levels of light and glare on the project site are considered low. Existing ambient light and glare is generated by low and medium density residential land uses to the north east and west as well as the 57 Freeway to the north. - Site development will add incremental quantities of light and glare to the project vicinity. No street lighting is proposed. The potential impact to the SEA from project -related light and glare is not considered significant. However, the following measure is recommended to help maintain the biologic integrity of the Tonner Canyon/Chino Hills SEA. +i, During the site plan review stage, consideration shall be given to minimize excessive amounts of light and . glare directed toward the SEA (south). Consideration may include architectural design, lighting location, type of lighting, use of shields and landscaping. Finding: Because of the small scale of the* project, site development is not anticipated to result in a significant generation of light and glare. Potential Impact: Approval of the proposed project will permit development of four custom homes on the project site. M Discussion: The proposed project is consistent with the City's contemplated General Plan and Zoning Ordinance. The project site is surrounded byexisting residential and or 1pnd wee.q- Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact tc land use. 9. Natural Resources: Potential Impact: Site development will consume both renewable and non-renewable natural resources over the life of the project. Non-renewable natural resources include the use of fossil fuels'(for the generation of electricity and fuel for automobiles) and natural gas (for space heating). Renewable lumber products will be used as a construction material. Discussion: Site development is not anticipated to use abnormally large quantities of natural resources. The, project developers) and future homeowners are required to comply with existing regulations to reduce, the generation of solid wastes to off-site landfills (AB939) and are encouraged to recycle which further minimize the consumption of natural resources. Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact to natural resources. 10. Risk of Upset: (a -b) Potential Impact: Site development may involve the temporary storage of fuels and oils used by grading equipment. While the risk of spillage and or leakage of small quantities of diesel fuel or engine oil is considered remote, this potential exists at any construction site. Discussion: The project will not involve the risk of explosion or the release of hazardous substances. The project will not interfere with emergency response plans or emergency evacuation plans. The project developers is required to comply with existing regulations to protect against the risk of spillage and or leakage of toxic materials including diesel fuel and engine. oil. In addition. the project developers is required to mitigate off-site waterborne construction pollutants through the existing NPDS permit process. Combined, these measures minimizing potential the risk of upset from site development. Finding: Because of the projects small scale and existing regulations in effect, the proposed project is not anticipated to result in a significant risk of upset. 0 sufficient services and facilities are provided to accommodate the demand generated by this development. I The project site lies with in the boundary -ol the Walnut Valley umned School Iiistrict. The District is experiencing overcrowding and has enacted a school impact fee mitigation program in accordance with Senate Bill 201. With the payment of impact fees, the District will provide adequate school services to facilitate. the project's needs. Findjmg: Existing regulations mitigate potential impacts to a level of ins gnificance... Potential Impact: Site development will consume both renewable and non-renewable energ . y resources. - Non-renewable energy resources include fossil fuels (generation of electricity and fuel for automobiles) and natural gas (space heating and cooldng). Discussion: Site development is not anticipated to result in the use of substantial amounts of fuel, or a substantial increase in demand for energy or the development of new sources of energy. The project developers) and future homeowners are required to comply with existing regulations to reduce the use of non-renewable energy I resources. These regulations include; compliance with energy efficient design standards, use of emergency efficient household appliances and recycling programs (AB939). Renewable solar energy will be used for passive space heating and cooling of residential dwellings and swimming pools. Potential Impact: Project development will incrementally increase the demand for public utilities; e.g., water and sewer service, electricity and natural gas. Discussion: Utilities are available adjacent to the project site and will be extended from Steeplechase Lane onto the project site.. The project will pay connection fees as required by the City. 17. Human Health: (a -b) Potential Impact: The proposed project is not anticipated to result in the creation of any health hazards or the exposure of people to potential health hazards. Existing regulations are in-place which regulate construction materials used in residential construction. WIN Recreah on: Potential Impact: Implementation of the proposed project will incrementally increase the demand on the City's *existing recreational facilities. sion: In accordance wiln I! park improvement fees for developments of this size. The City utilizes this fee to acquire and/or improve new park and recreation facilities. 20. Cultural Resources: (a -d) 7 Potential Impact: Approximately 2,300 cubic yards of earth redistribution will be required to construct residential building pads. Discussion: A records search and site investigation for cultural resources was preformed in February 1993. The records survey indicated that no cultural resources have been idtntified on-site or within a one -mile radius of the project site. The pedestrian survey did not find any evidence of cultural resources on-site. The archaeologist concluded that development of the project site poses no threat to known cultural resources. 21. Mandatory Findings of Significance: a. Discussion: The project site has been previously disturbed by grading acti-Vities. The site is disked on a regular basis by the County for fire prevention purposes. The site is fenced on the north, east and west. No rare or endangered species have been observed on or are anticipated to utilize the project in it's current state. No cultural resources have been reported within a one mile radius of the project site, and none were observed during a site investigation. Finding: The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife speccause a fish or wildlife species to drop below self sustaining levels, threaten to eliminate or significantly reduce 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 prehistory. b. Discussion: The proposed project implements the long-term goals of the City's contemplated General Plan for development of this site and completes the improvement of Steeplechase Lane. RE as o @} P4 Cd 0 cn Piaco ® ,w bo ® 1. 0 ' e tib ® u ( • �" a3 u N 0 . U w 0- M O ® ® o 71 a d O A .R � A a 'A. 2 o r a a t;o ba cl 9 03 t FM to to w o w. 0 a w ba to tAo , o P4 ® �: A o a ® O > Ln bo ® N a r o .� v ®�Cd 4) U, 00 . ® � 3 tom a ® ® on M ® : 3 ® ®0 ® .® wa o o y 03 bo 64 o ':3 o cn o 8 9 78® m 64 ® �6 is ® (j 03e� 6d 04 .y A® ® ® W ® � —a m yth. _a � a ch 44 z.� rn m ITEM 8.1 TPM 23382 3000 Block ®f Steeplechase (Dolezal) Maps/Plans located in Project File. City of Diamond Bar PLANNING COMAUSSION Staff Report AGENDA IT NUKBER*G. 8®2 PROPERTY OWNERS: Diamond Bar Business Associates C/o AEW Capital Management, LP 601 S. Figueroa, #2150 Los Angeles, CA 90017 APPLICANT: Bernard Abrams V -Tek Systems Corporation 750 N. Diamond Bar Blvd® Diamond Bar, CA 91765 The project site is located at 1315 S. Valley Vista Drive (Lot 5 of Tract No. 39679), within a corporate complex identified as Gateway Corporate Center. It is an irregular-shaped, vacant lot, P-1 The project site has a General Plan land use designation of Professional Office (OP). Pursuant to the General Plan, this -land use designation provides f or the establishment of of f ice -based working environments for general, professional, and administrative offices, as well as support uses. Additionally, development'within the OP designation will maintain a maximum floor area ratio (FAR) of 1.00. The proposed project is an office -based business with -a farroposed FAR of .167. As such, is consistent with the General Plan. The zoning designation for the project site is office Profession - Billboard Exclusion-Uni lateral Contract (OP-BE-U/C) . This zoning designation permits general office uses. V -Tek Systems Corporation is a general office use that relates to the writing and implementing of software associated with student loans for the banking industry. As such, the proposed project complie g s with the I,wrojec ' t site's zonindesignation. Generally, the following zones and use surround the project site: To the north is the orange Freeway (SR 57); and to.the south, east and west is the OP-BE-U/C Zone. Pursuant to the Gateway Corporate Center's Unilateral Contract, the maximum allowable FAR is .50 and general office use is permitted. As such, the proposed project is consistent with the FAR criteria and permitted office uses. The project site is also located within the City's Redevelopment Agency's Economic Revitalization Area. The proposed project is consistent with the Economic Revitalization Area Plan in that it 9 implements the Generai pjan-s policies, goais., objecLives and strategies. Additionally, the proposed project provides an opportunity for -an office use; promotes econom ' ic development of the Project Area by providing an attractive, well -serviced, well - protected environment , for all residents and visitors; promotes local job opportunities; and implements design and use standards that assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. Pursuant to the Development Review Section 22.48.020 A., al application for Development Review is required for commercial industrial and institutional development, which involves th issuance of a building permit for construction or reconstruction a structure. Therefore the proposed project, a commerci development involving the issuance of a building permit require - Development Review. Development Review is within the Planni Commission's review authority. In addition to complying with the City's Development Revie� process, the proposed project must comply with the land us restrictions imposed upon Gateway Corporate Center by the adopti of the Unilateral Contract. The following is a comparative betwe I M..he Unilateral Contract's development standards and the propos 01 project's development standards. uNILATMUL CONTR=T I S DEVELOPMMT STANDARDS Setbacks: Minimum North property line: Building setback - top of slope (varying from approx. 50 ft. to 150 ft.); 0 North property line: Building setback - top of slope, varying approx. 20 ft. to 140 ft.; Parking setback - top of slope; East property Building e R :. approx. 1 Parking'setback approx. 200 West property line; Building setback - top of slope Parking setback - top of slope (approx.100); South property line adjacent ts Valley Vista D... Building setback Parking setback - 25 ft.; South property line adjacent to Gateway Center Dr.: Building setback 45 ft.; Parking setback 25 ft.; Building Heights Nine stories or 150 ft., whichever is less; Floor area ratio - .50 Parking: General offices - minimum one space for each 250 square feet of net floor area; Parking arranged in a geometric 3 ft. wide by 4 ft. long curbell tree planter between stalls at to 6 stall intervals; and Standard parking stall dimensions: 8 ft. by 18 ft. (including 2 ft. bumper overhang) with 27 ft. wide drive Parking .. -. we &' from north property line - approx. 35 ft. with two -6 ft. high retaining walls -expanding pad approx. 25 ft. in the northerly direction; East property Building setback - 320 :. West property Building setback - 150 ft.; South property line adjacent tt Valley Vista Dr.; Building setback -73 ft; Parking setback - 25 ft., - South property line adjacent to Gateway Center Dr.: Building setback 89 ft.; Parking setback 25 ft.; Two stories/93 ft.; Floor area ratio - .167 floorNet e is 17,500 dividedby 250 sq. ft. requires' t parking - 1 parking spaces will be provided; Pa _. .- 18 ft. wideby 18ft-square .!-. tree . (includingstalls at an average of 6 stall intervals; and Standard parking stall dimensions: 8 ft. by 18 ft. mss, overhang) .. - wide drive w a. Compact parking stalls: Max. 30%; i Compact parking stalls: None; M The proposed project was reviewed and approved by Gateway Corporate Center's architectural committee. The proposed office building's exterior is referenced in the above comparison matrix. The proposed architectural style, colors and materials are compatible with the requirements of Gateway Corporate Center and existing structures wn the Center. A conceptual f loor plan is included in Exhibi t "A". The actual division of space will be submitted with the construction plans and reviewed by the Planning Division before the plan check process begins. RI Landscaping: Landscaping: 15% of the gross usable lot area 29% (12,215 sq. ft.) of the gross (including front setback area but usable lo ' t area (including front excluding all natural and graded setback area but excluding all side and rear yard slopes); natural graded sides and rear yard slopes); Architecture: Architecture: Contemporary with simple build . ing Contemporary, simple in form with masses simple in form and of strong geometric lines; strong geometry; Building Materials: Building Materials; Contemporary, utilizing glass, Glazing - Smokey Grey; brick, non -pattern tile, metal Plaster - Dove Grey (X-40, Base panels, "tilt -up", "poured -in- 200); and place" or "precast concrete" with a natural finish (sandblasted or textured), and uniform in color, concrete block (textured, split face, or sandblasted), and/or glass block; and Roofs: Roof: Generally flat, with minimum Generally flat; slope for adequate drainage; may include simple gable or. shed forms; and . Roof mounted equipment - hidden Roof mounted equipment not behind roof parapet, not to be shown; it will be require that visible from surrounding streets all mechanical equipment be driveways, or adjacent buildings screen pursuant to Gateway Center on a horizontal sight line; or Design Guidelines. screen, constructed using materials complementary to building, integrated with architectural design. The proposed project was reviewed and approved by Gateway Corporate Center's architectural committee. The proposed office building's exterior is referenced in the above comparison matrix. The proposed architectural style, colors and materials are compatible with the requirements of Gateway Corporate Center and existing structures wn the Center. A conceptual f loor plan is included in Exhibi t "A". The actual division of space will be submitted with the construction plans and reviewed by the Planning Division before the plan check process begins. RI A Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. The proposed project is not required to comply with the City9s Transportation Demand Management standards (Code Section Chapter 22.40). The applicability for these standards begins with non- residential projects of 25,000 square feet. The proposed project has a gross floor area of 18,400 square feet. Although a flat pad exists on the site, some grading is proposed. Approximately, 1,647 cubic yards of cut and 3,556 cubic yards of fill will be'utilized for a total of 5,203 cubic yards of earth- work. Approximately, 1,909 cubic yards of earth will be imported. Atension crack can be observed running parallel to and approximately 21 feet from the top of the western slope. This crack is generally continuous from the northern end of the site 7 0 Landscaping is proposed to mitigate the view of the retaining waliM and the portion of the i�orth building elevation utilized to exte the buildable pad. It is required that said landscaping enhanced to better mitigate the impact of all retaining walls. A trash/recycle bin enclosure,is provided, within the parking lot. The applicant is required to submit a detail of the enclosure for the City's review and approval. It is required that the enclosure comply with the Development Code standard and the City's Design Guidelines. SMNAGE Signage is not a part of this applicant. Proposed signage has been submitted for the City's review -and approval. Other CUY nivisi-ans' Remi The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached draft resolution. Sidewalk, parkway, street trees, streetlights and curb and gutter exist on the project site's frontage. Any damage to these items during construction will require their replacement by the applicant. The tension cracks have damaged sidewalk along the west side of Gateway Center Drive, immediately north of the site. Another section of sidewalk to the n * orth contains a telephone manhole. This portion of sidewalk is cracked and a gap between the sidewalk and manhole is visible. The tension cracks have also damaged the concrete drainage ditch below the site. It is required that the applicant remove and reconstruct the damaged sidewalk and drainage ditch. Y-MMITIMINOW P I ursuant to the provisions of the California Environmental QualitrA Act (CEQA), the City has determined that a Negative Declaration J required for this' project. According to CEQA Section 1,5071 Negative Declaration No. 99-5 has been prepared. The Negati M Declaration's review period begins June 1, 1999 and ends June 21® 1997® NOTICE OF PUBLIC HEARI]iGoo Notice for this project was published in the IDI-and-VAUP-y-jaullp-tin and the,Ban-Gabr-jel VA11pv Trib"n on June 1, 1999. Public hearing notices were mailed to approximately 14 property owners within a 500 -foot radius of.the project site on May 24, 1999. Furthermore, theproject site was.posted with the required display board on -May 19, 1999. Staff recommends that the Planning Commission approve Development Review No. 99-4, Negative Declaration No. 99-5, and Findings of Fact and conditions of approval as listed within the attached resolution. �5:14 I ri IIJW W�� 51 IS 1. The design and layout of the proposed development is consistent with the Genera ' 1 Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme'areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development, is compatible with the. characteristics of the surroundirut neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and KE 1. Draft resolution; 2. Negative Declaration No. 99-5; 3. Exhibit "All - site plan, grading elevations, preliminary landscape plan board dated June 22, 1999; 4. Application; and 5. Correspondence regarding Gateway architectural committee dated April 28, M Corporate Center's 1999. PLANNING COMMISSION RESOLUTION -NO. 99 -XX 1. The �roperty owner, Diamond Bar Business Associates Capital Management,,LP and applicant, Bernard Abrams of V - Tek ISys'tems Corporcition have filed an application for Development Review No. 99-4 and Negative Declaration No. 99 - for property • .a -• at 1315 S. Valley Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Negative Declaration shall be referred to as the "Application". 2® The Planning Commission of the City of Diamond Bar on June 22, 1999 conducted a duly noticed public hearing on the Application® 3. Notification •_ the public hearing for this project provided in the San Gabriel* - and Inland Valle Daily_�u�llet�in newspapers,on June 1, 1999. Public heari notices were mailed to approximately 14 property owners 0 record within a 500 -foot radius of the project on May 241 1999. Furthermore, the project site was posted with t required display board on May 19, 1999. NOW, THEREFORE,. it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Stuclo review and Negative Declaration No. 99-5 have been preparege 0 by of • ! Bar _ •` (CEQA.) and guidelines promulgated thereunder, p is ant to Section 15070. Furthermore, Negative Declaration '�99-5 reflec' ts the independent judgement of the City of '` .end Bar. I ^ 3. The Planning Commission _ -by specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alteratio ' ns 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. 41. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an irregular-shaped, vacant lot, approximately 2.53 with a 41,000 square foot graded pad. The project site is bound by descending slopes on the south and west, by Valley Vista Drive on the east and Gateway Center Drive on the north. The project site contains a catch basin and two -ten foot wide easements, outside of the development envelope. The catch basin is located in the northwest corner of the site. One easement is for the sanitary sewer. It traverses the site generally in an east/west direction and within the rear portion of the site. The other easement is for the storm drain and storm drain ingress and egress. traverses - - in r. north/south direction and generally within the north/east portion of - site. - project r . mass graded .. r part of the overall grading for the corporate complex. (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, ani administrative _ "' r as t. _. __ as supportuses. Additionally, development within the OP designation will maintain a maximum floor area ratio (FAR) of 1.00. project site: To the north is the Grange Freeway (SR 57)® and to'the south, east and west is the OP-B2,-t7/C Zone. The project site is.also located within the City's Redevelopment Agency's Economic Revitalization Area. (e) The Application request is to Construct a two-story office building of approximately 18,400 gross square feet (17,500 net square feet) to be utilized for general office. (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards . of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed ^ provides for the establishment of officesan office -based working environment for general _ General Plan's O" land use Pursuant' the General Plan, proposed project will yield a pleasant environment for those working and visiting the office facility through its exemplary design, use of materials and colors, landscaping that will offer a variety of plant species and adequate • _ parking. Additionally, the proposed project complies with the development standards prescribed in the Gateway Corporate Center Unilateral Contract and has received the approval of the Gateway Corporate Center Architectural Committee. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed project is . within the Professional office -Billboard • ._: • • ._ U/C) Zone, which permits the proposed general office ^ . The project site is within the established Gateway Corporate Center, general office uses. General office uses were reviewed and approved with the original approval of the Center processed by r certified -Environmentaltraffic d. pedestrians. -. result, -.... -. relat d to following traffic mitigation -- r re required and were installed. I (1) Improve that portion of the ro p P p bikeway along Golden Sorinos Drive fronting G '�'rnt-PwAu Corporate Center. (2) Golden Springs Drive shall be widened to provide left -turn pockets at both entrance streets to the Center. (3) Traffic signals shall be installed on .Golden Springs Drive®:at the two entrance drives to the Center. analysisAdditionally, a traffic impact dated traffic.22, 1999 and supplemental impact (respondingto _ comments)dated May • • • prepared •.. Linscott, Law and Greenspan_ • • the (1) 'Widen and/or re -stripe the northbound approach on Golden Springs Drive to provide dual left lanes; (2) Modify the existing traffic signal phasing to provide northbound right -turn, eastbound right - turn and southbound right -turn overlap phased; and (3) Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. identifiedThe :_ improvement - asures are expected to mitigate the impacts of existing traffic, mitigate the impact of future and background and project traffic; and improve LOS at Grand Avenue and Golden • an acceptable range. (h) The architectural design of the proposed development is compatible with t_ character of - surrounding neighborhood • • orderly and attractive development c• • -• by T • 22.48.20. Development Review standards, City Design Guidelines • theGeneralPlan. As also referenced in below, the proposed project will be consistent and compatible with the architectural design, materials, and colors of the other office buildings within the Center Gateway Corporate Center and its Unilateral Contract originally reviewed and approved by Los Angeles County and adopte ' d by the City of Diamond Bar. The Unilateral Contract sets forth land restrictions/development standards. The development standards require an architectural stvle that is Modern/ Contemporary with N materials, textures and colors that complement this ^ ; -A, 4s1,- 0�.q,a--,- style. The pLupU�t--u 'vluie� um aa�a �'c`c asp... e�bd ..�. m architectural committee's approval. 'Therefore, the proposed project will be compatible with the character of the surrounding neighborhood and will. maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements and General Plan® materials,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 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. The construction Smokey Grey. • and Dove Grey plaster will retain a reasonably adequate level of (j) The proposed development will not be detrimental to public health, .safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project -. - all conditions within the approved resolution and the Building and Safety Division, Public WorksDivision, Department • Fire -• -requirements.• agencies' involvement will ensure that the proposed revision is not detrimental to the public safety.or welfare ormaterially injuribusto the properties •.improvements (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)o Pursuant to the provisions of CEQA, the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 99-5 has been prepared. The Negative De- • period began •r._, • ended June 21, 1999. 0 (1) The proposed project will be in substantial c6p"l ' nce with, thp_ araC)ni-pri _F'r°nv]nmi P" RFa�r i- =l i7�i-i ren A,r�,a �... The proposed project is located within the Economic Revitalization Area. The proposed project is consistent with the Economic Revitalization Area Plan in that it: implements the General Plan®s policies, goals, objectives and strategies. Additionally, the proposed project provides an opportunity for office uses® promotes the economic development of the Project ea by providing an attractive, well -serviced, well - protected environment for all residents and visitors; promotes local job opportunities; and implements design and use standards that assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. conformBased on the findings and conclusions set forth above, t Planning Commission hereby approves the Application subje to the following conditions: I (a) The project shall substantially to site plan, elevations,grading plan, floor plan, landscape/irrigation plan, final exterior and parking lot lighting plan/study and colors/materials board collectively labeled as Exhibit "A". dated June 22, 1999, as submitted and approved by the Planning Commission, as amended herein. (b) The site shall ^ free of debris both during and after the constructio addition,or implementation of _ entitlement grant-•. herein. The removal of all trash, debris, and refuse whether during or subsequent to construction shall b done only by the property owner, applicant or by a du .permitted waste contractor, who has been authorized the City to provide collection, transportation, an disposal of solid waste from residential, commercial construction, and industrial areas within the City. I shall be the applicant's obligation to insure that th waste contractor -utilized has obtained permits from th] City of Diamond Bar to provide such services. Before ^ issuance • -. _ permits, -v.._ _. shall submit a final landscape/ irrigation plan th delineates plant species, size, quantity and locatio for the City's review and approval. The fin landscape plans material on all slopes and the species, size, quanti and location of' the replacement plant materi a destroyed _..... •construction... :- • - • mitigate - _.. view of the retaining walls and the portion of th north building elevation utilized to extend A buildable pad, the landscaping shall be enh need to the ��,1m1ti1d.t.;l.J-Vdd V.L 6.ttG a: �aius.diey r.� m...m.�..r.m. ...-o- �-.�m�d.�••.��.®. irrigation plan shall comply with the City" established Water Efficient Landscape Regulations and shall be plan checked accordingly. .All landscaping and irrigation shall be installed before final inspection. (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. Lighting shall comply with all applicable Development Code standards. (e) All roof -mounted equipment shall be screened from public view. (f) 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. (g) Prior to final inspection/ occupancy, the applicant shall pay their "fair -share" (0.49 percent) of the installation of the following traffic improvements measuresto the intersection of • •. ... Springs Drive/Grand Avenue as required by the Deputy Public Works D.._._•..".: (1) Widen and/or re -stripe the northbound approach on Golden Springs Drive to provide dual left lanes; (2) Modify the existing traffic signal phasing to provide northbound right -turn, eastbound right® turn and southbound right -turn overlap phased® and (3) Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. • parking' stalls locatedfurthest north parking lot shall be reconfigured to provide back-up turning area, which allows for easier maneuverability for the City's review and approval. I (i) Proposed retaining walls shall not exceed a height of six feet. (j) Applicant shall removed and replace the following to the satisfaction of the Deputy Public Works Director: (1) Damaged sidewalk along the west side of Gateway Center Drive, immediately north of the site; 7 (2) Damacxed section of sidewalk to the , north that - contains a manhole; and (3) Concrete drainage ditch below the site. (k) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in _cl.s,...-ce ---- t. grading City's review and approval. The grading plan shall: (1) Be signed/stamped by a civil engineel geotechnical engineer and geologist as require (3) Delineate finish surface, finish grade, flow lines, top of wall, bottom of wall, bottom of footing and finished surface for proposed retaining walls; (4) Delineate proper drainage with details and sections; and (1) Plans shall delineate retaining wall sections drawn scale with appropriate details, type of retaining wa i. structural calculations. submit(m) Before the issuance of any City permits, the applicant shall erosion c• •for the City's review • approval. The erosion c• • plan shall conform to National Pollutant Discharge Elimination System ■ standards and incorporate appropriate Best Management ■ _ -■" Additionally, the applicant shall obtain the necessary NPDES permits. applicant shall b... responsible • .. sewer and -. • _ __. drain system/- . i .... • shall ensure connection with tt L. A. County Department of Public Works for storm drain and sewer lateral if there are none currentlyavailable. Additionally,- applicant shall t • Sanitation fees. _ • _ the app for all costs associated with the improvement, review and approval for the addition.of sewer or storm drains. (o) Sidewalks, curbs and gutters, etc. damaged during construction shall be removed and replaced by the applicant to the satisfaction of the Deputy Public Works Director. 1 lines or easements® (q) The applicant shall obtain an encroachment permit for all off-site improvements. slope(r) Driveway shall not exceed 15 percent. _. All handicap parking shall • • __with current State handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot to building. _...! ••^shall not exceed ..ee • percent. .e All bathroom and ramps shall be Plans designed in compliance with State handicap accessible regulations. Required handicap signage shall be installed at each entrance. loads(i.e. 1994 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1993 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wiEue of 80 M.P.H. exposure. (v) Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. (w) Applicant shall submit construction plans to the Los Angeles County Fire Department. Plans shall comply with all applicable fire codes® grant is valid for two years and shall.= .writingexercised (i.e construction started) within that perio or this grant shall expire. A one-year extension o time may be approved when submitted to the City if 61 •. • • • • •.'; ChapterThe Planning Commission will consider the extensiorl request at a duly noticed public hearing in acco.rdanc with • - • Diamond Ba - Development 1- - •Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services 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 9 fees, school fees and fees for the revie tsubmitted _ Department o__ Fish and - ame determines 'Ka4l��Pis and Game Code Section 711.4 applies to the approftl o this project, then the applicant shall remit to th City, within five days of this grant's approval, cashier's check .f $25.0 for a documentary fee in connection with Fish and Game Code requirements Furthermore, if thi-s project is not exempt from filing fee imposed because the project has more than deminimis on fish and wildlife,the .:F plican shall also pay to the Department • - Fish • Game s _ -_ and any fine Department determine to be owed. The Planning Commissi®n shall: certified(a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a copy of Resby olution, certified• AEW Capital601 S. Figueroa,0. •- Angeles, 910 • Abrams, Systems Corporation, 750 N. Diamond Bar Boulevard, Diamond j 91765 APPROVED AND ADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING COMMISSION OF OF DIAMOND N-1116 Steve Tye, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing • • duly introduced,passed,•adopted by the Planning Commission of the City of Diamond Bar, at a rogular ineeting of the Planning Commission held on the 22nd -day of June 1999, by the following vote: AYES: NOES: ABSENT: STAIN: M .CLIVI ISI LI-6J UJ 11-U.: 11L.11 L.{1 I I,,.LuMUdi1 LI -, _stir ®By: AER CAPITAL9u 5�179o;x r,s 3 , ®CUT Or I) ® 9 • AE-MarchME,• • •. •. '�*AE LARD REFERRED TO HEREIN SITUATED COUNTYO. LOS ANGELES,-+ •CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 1. - LOT 5 OF TRACT 39679, IN THE CITY OF DIAMOND BAR, AS PER MAP RECORDED IN BOOK 1083 PAGES 14 TO 23 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID • - i . r ._ _ _ ._. i ... _. M _ .. -_ REMOVE 01 SURFACE FACILITIES SHALL BE LOCATED ON LAND OTHER THAN THAT DESCRIBED HEREIN AND SHALL NOT PENETRATE ANY PART OR PORTION OF THE ABOVE DESCRIBED REAL PROPERTY WITHIN FIVE HUNDRED (500) FEET OF THE SURFACE AND ALL OF THE RIGHTS SO TO : R: RESERVED, DRILL FOR, PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN CONNECTION WITH SUCH OPERATIONS, AS EXCEPTED AND RESERVED BY TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, FORMERLY CAPITAL COMPANY, A CORPORATION, DEED RECORDED JUNE 30, 1964 AS INSTRUMENT NO. 1027IN BOOK D 2959 PAIGE 114, OFFICIAL RECORDS. i 3 ®,? Los An is, CA, 1997-95 - 5293-050, Sheet: 1 of 1 Copyright O 1996 TRW REDI Property Data a:P2a^�r a g: I Page: 1 of 1 III � iip;lpipi� � V PHOPHONE# NE# Approvial 1. Action reWe9W mnd Pmjed dmfiPfion* 2. Sfiveat location of Pmjwt: --- 2--�z ED 74 5. Other related permit/apprMAS required. Specify type and granting agency--, -- 6. Are you planning fuwm pham of thil, project:7 Y =10 10. Waw and mWer aw ': Domestic Public Water Sewers nV 'WT If yes, do purveyors have capacity to meet demand of project and all other approved project;7 (5, YN M -M-1 12. Schools: V&mt school district(s) serves to us Are existing school fac* i es adequate to most project needs? YES NO deq Waste products pef 6'�'OOJ6- Memsofdispowd 19. Do project operations use, store or produce hmmrdous substances such as oil, pesticides, chemiads, paints, or radioactive ? YES If yes, explain 20. Do your opamtiom `ipim may ? YES 00 _ sa jape �w�e�a8 =UvLrUxuIMMUU 0CUMg—rMjwA NIM f.Cultural/bi&torical rwources—r\ A 2. Environmental Setting — Surrounding Area b. Topography/slopes C , vf\,L 61 :5 f. Cultural/lustorical Mourms --AA I A 9. Other Answers are not required if the am does not contain wdund, undeveloped land. 3. Are them any uqjor tram on the site, including oak trew? YES NQ�) 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO) If yes, explain: 7. Is The property located within a high fire hazud arm (hillsides with moderately dense vegetation)? YES NO Distance ton fire station: Existing noise sources at aite-I --Ea-C, Noise to be generated by prcject:- F=90 MI -M 9.. What energy -conserving designs or material will be uwd7 As ( —A- �n e M I= 1315 South Valley Vista DRIVE DIAMOND BAR, COUNTY OF LOS ANGELES, CA 91765 Environmental Finding Initial Study (Environmental Information and Environmental Checklist) CITY OF DIAMOND°, IC 110-1 f Vp I W A A A p V, j kT Pursuant to Uuidefinesicy K" M, the Environmental Information Form completed by the applicant, meets the relTiirements for Initial Study. I MEG =-1 ( Background Vart 2 Summary of Environmental Factors Potentially Affected 1113 Determination V-11art 4 Evaluation of Environmental Impacts ft rt 5 Discussion of Environmental Impacts 1. City Project Number: Development Review No. 99-4 2. Project Address/Location: 1315 S. Vall2y Vista Drive (Lot 5 of Tract No. 39679), 1 - Diamond Bar, CA 91765 3. Date of Environmental Information Form submittal: April 26, 1999 Applicant: Bernard Abrams Address: 750 N. Diamond Bar Boulevard City/State/Zip: Diamond Bar, CA 91765 Phone: 4909) 396-5355 Fax: N/A 5. Property Owner: Diamond Bar Associates, c/o AEW CMital Mqn�!��. Address: 601 Figueroa, Suite 2150 City/State/Zip: Phone: (213) 312-2611 Fax: N/A D:\ANN\NFG DEr-S\DR994.ND.D0C 1 7. General Plan Designation: Professional Office OPFAR) 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). W U 0 - �-W The prqipqt site (Lot 5 of Tract 39679 is -approximately 2.52 Zross acres .33 pet acresl (2L_ kiff MI W "616 1OMMM61 W trees and bushes planted by the corDorate center. The application's ProR2sed use is general office related to writing and implementlin a- QN-1 IMIM, 016IRMTOWNI MEIM"Im 0 M 1INPAIIIIIIII Eli I on the building's gross square footage. G.Ueway_Corporate Center is a--255-acre business center Proposed to service the W IP WIN RUMEMS M -I 'MWYM 6 IIKEM�11~4 MUM -41WHINIff 961-1--IFBTMIMITMJ P6 'Al 61MULM MIMTrITIMITIMMMI MI M Mil MORM OR --- D:\ANN\NEG DECS\DR99-4.ND.DOC III FI-MMIMIMMLYIN MIN 10. Surrounding Land Uses and Setting: Briefly describe the project's surroundings- L&Lg U's 1 -6 03 1 t I MA M- 4: W 9 W WI 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): a am 12. List City of Diamond Bar related applications for this project that must be processed simultaneously: None. DAANNWEG DECS\DR99L-4.KD.DGC IWIN-MI-M MR None. D:\AN"FG DECS\DRW4.ND.DOC I.EEeO SEE MAP NO III H 333 0a33'IH H 331 6 y7 s �7337 PM SEC 17 0-7-8 0 rn 0 -0 C, (00 A Ul + b 0 wpo + 19 (sl CS 87-6 SEC IG T 2 S R 9 W PO SEE MAP NO III H 341 0@33'111 H 331 LD CS 87-6 SEC IG T 2 S R 9 W PO SEE MAP NO III H 341 0@33'111 H 331 il P � CITY OF DIAMOND BAR NEGATIVE DECLARATION 99-5 (Environmental Information an Environmental Checklist) i MIT 07-4 =40C ti The enviromneW Yactors - at least one impact that is a "Potentially Signcant Impact" as indicated by the checldist 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 F find that the proposed project COULD NOT have a signcant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x T a 41 A nn -1-1- will not he a significant effect in this case because the MMIGATION MEASURES described on an attached sheet have been added to.the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project NUY have significant effect on the environment, and an ENVIRONNEENTAL IM[PACT 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 D-.\ANNXNEG DEMDR99-4.NDMOC 5 de ' scribed on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." Ad ENVIRONN[ENTAL R"ACT REPORT is required, but it must analyze only the effects that remain ibaddressed. I find that although the proposed project could have a significant effect on the environment, there WELL 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 2re imposed upon the proposed project. mail 1999. S all Date Ann J. Printed Name D:\ANNWEG DECSMWL99L4.ND.D0C 6 PART 4 - EVALUATION OF ENVMONMENTAL EMPACTS 2. All answers must take account of the whole action involved, including off-site as wel as on-site, cumulative as well as project -level, indirect as well as direct, and construction at, 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. _C "Potentially Significant Unless 1�fitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agen�y must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVH, "Earlier Analysesmay be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA 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. -i.. 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, zid other sources used or individuals contacted should be cited in the discussion. D-AANNXNEG DECS\DR99-4.ND.DDC Potentially significant Potentiftuy Unless Less Than Significant Mitigation significant No Impact Incorporated Impact Impact a. Conflict with General Plan designation or zoning? Source #s: General Plan, p. 1-27; X City of Diamond Development Code, Title 22, p. H-4, 7, 17 & 18; b. Conflict with applicable habitat conservation plan or natural community plan? Source #s: General Plan, p. IR -10 et seq.; EIR for Tract No. 39679; Unilateral Contract No. 85-763963; Gateway Corporate Center Design Guidelines; C. Be incompatible with existing land uses in the vicinity? Source #s: General Plan, p. 1-27, p. 8 Fig. 2; City of Diamond Bar Development Code, p. 11-7, 17 & 18; Project application; Gateway Corporate Center Design Guidelines; e. Disrupt or divide the physi6al arrangement of an established community (including a low-income or minority community)? Source #s: City of Diamond Bar Development Code, p. II -15-1 8; General Plan, p. L-1 et seq., p. H-1 et seq.; Project site plan D,.\ANNXNEG DECSXDR994.ND.DOC 8 b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? — Sour #s: 1990 Census of Population and housing; MEA, p. II®1®19; Gateway MEIR, p. 38; Project application; C. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Source #s: 1990 Census of Population and Mousing; MEA, p. II®1®19, General Plan, p. I-1 et seq., p. II -1 et .; Project application/ site plan; a. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the X State Geologist for the area or based on other substantial evidence of known fault? Sour #s: General Plan, p. IV -2, 3, D:UNK\NF.c-ND.DOC 9 Fig. IV -1; MEA, p. H -B-8; State of California Seismic Hazard Zones, C. Seismic -related ground failure, including liquefaction? Source #s: General Plan, p. IV -3, Fig. IV -1; NEFA, p. II -B-3, Fig. IEI- B-2; State of California Seismic Hazard Zones, 8/17/98; d. Landslides? Source #s: General Plan, p. IV -3, B-2; State of California Seismic Hazard Zones, 8/17/98; Soils e. Substantial soil erosion or the loss of top soil? Source #s: General Plan, p. IV -3, Fig. IV -1; Project application/plans; Soils Report -2/12/99 - Kleinfelder; f. A geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on -or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Project application/plans; Soils RM Ri u^^ynv4EG DECSkDR994.ND.DGC 10 g. Expansive soil, as defined in Table 18 -l -B of the Uniform Building Code (1994), creating substantial risks to life or property? Sour #s: MEA, p. -16; Project application/plans; Soils Report -2/12/99 ® einfelder; h. have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? — Sour #so MEA, Fig. II -A-1; project application/ plans; City's Public Works Division; Soils Report®2/ 12/99 ® einfelder; Mill". 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; Soils Report -2/12/99 ® Kleinfelder; b. Exposure of people or property to water related haiards such as flooding? Source #s: General Plan, p. IV -4 Fig. IV -2; Fema Flood Panel No. 0650430980 P, Zone C, 12/2/80 C. Violate any water quality standards or wash discharge requirements? Sour #s: MEA, p. II -C-3, 4, Fig. II -C-1; NPDES requirements/ Industrial Waste Permit; D:\ANN\NEG .ND.DOC 11 d. Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production to of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Source #s: MEEA, p. H -C-3, 4, Fig. 11-C-1; Project application; Soils Report -2/12/99 - Kleinfelder; e. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Source #s: MEA, p. II -C-3, & 4, Fig. II -C-1; Project application/ plans; f. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Source #s: MEA, p. 11-C-3, 4, Fig. III -C-1; Project application/plans; g. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of p9fluted runoff? DAANNANEG DECS\DR9914.NDMOC 12 Source #s: City of Diamond Bar Project applicatidii/plans; h. Otherwise substantially de I water quality? Source #s: MEA, p. H -P-3-8; Project application/plans; So' Ider Report -2/12/99 - Kleinfe i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: MEA, p. II -P-3-8; Project application/plans;_Soils Report -2/12/99 - Kleinfelder; j. Place housing within a 100 -year flood hazard area as mapped on the Federal Flood Hazard Boundary or Flood Insurance to Map or other flood hazard delineation map or place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? Source #s: General Plan, p. IV -4, Fig. IV -2; NIEA, p. II -C-1 et seq.; Project application/plans; R. Conflict with or obstruct the implementation of the applicable air quality plan? Source #s: SCAQMD Air Quality Handbook; b. Expose sensitive receptors to pollutants? Source #s: MEA, p. 11-F-8-10, Fig. II -F-3; Project application/plans; No D:\ANN\NEG DECS\DR99-4.ND.DOC 13 4/22/99 - Linscott, Law, & Greenspan, Engineers; d. Create objectionable odors? Source #s: Project application/plans; e. Violate any air quality standards or contribute substantially to an existing or projected air quality violation? SCAQMDR; Air Quality Handbook; Project application/plans; a. An increase in vehicle trips which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) Source #s: Project application/plans; Traffic Study4/22/99 - Linscott, Law & Greenspan; b. Substantially increase hazards due to desi,gn--feaftire-(e,z—qhanyajrves-o-r-- WE IM am 09 D:UN"FG DECSMR9914.ND.DOC 14 dangerous intersections) or incompatible uses (e.g. farm equipment)? Source #s: project application/plans; City's Public Works/Engineering; Traffic Study -4/22/99 - Linscott, Law & Greenspan; C. Inadequate emergency. access? Source #s: Multihazard Functional Plan, City of Diamond Bar, 1992; General Plan, p. V-1; Project application/plans; Traffic Study - 4/22/99 - Linscott, Law & Greenspan; d. inadequate parking capacity on-site? Source #s: City of Diamond Bar Development Code, Title 22, p. II[ - 91 et seq., Gateway Corporate Center Design Guidelines, Section 2.7; Project application/plans; e. Exceeding, either individually or cumulatively, a level of service standard establishod by the county congestion management agency for designated roads and highways? Source #s: City's Public Works/Engineering Division; Ordinance No. 01 (1993) Congestion Management Plan; Traffic Study -4/22/99 - Linscott, Law & Greenspan; No WA R1 D:\ANN\NFr, DWMDR99-4.ND.DOC 15 b. Substantial adverse effect on and riparian habitat, federally protected wetlands as defined by Section 404 Clean Water Act, or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? Source #s: MIEA, p. 111-D-1-8; General Plan, P. III -11; City of Diamond Bar Development Code, Title 22, p. 111-149-150; Project application/plans; Site visit; C. A conflict with any local policies or ordinances protecting biological x resources, such as a tree Preservation volice or ordinance? D:UNNWFG DECSV)R994.ND.DOC 16 Source, #s: MIEA, p. H -D-1-8; General Plan, p. HI- 11; City of Diamond Bar DeVelopment Code, Title 22, p. M-149 et. seq.; d. Conflict with the provisions of an adopted Habitat Conservation Plan", Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Source #s: General Plan , p. 1-15- 16, p. UI -11; MEA, p. II- -1-g; City of Diamond Bar Development Code, Title 22, p. IH -149 et. seq.; e. Substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Source #s: MEA, p. II -D-1-8 & 18; Project application/plans; f. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh veinal pool, coastal, etc.) through direct removal, filling, hydrology, interruption, or other means? Source #s: MEA, p. 11-D-1, et. seq.; Project application/plans; Section 404 of the Clean Water Act; a. Conflict with adopted energy conservation plans? D:\AN"EG DFP-S\M9IJI4.ND.DOC 17 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. 111-13-17; Project application/plans; a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Source #s: MEA, p. II -M-1; Project application/plans; General Plan, p. IV -1 et seq.; b. Impair the implementation of or physically interfere with an adopted emergency response plan or x emergency evacuation plan? Source #s: Multihazard Functional Plan, City of Diamond Bar, 1992 C. Emit hazardous emissions or handle x hazardous or actively hazardous D:XANNV4FG DECS\DR99-4.ND.DOC 18 d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Source #s: MIEA, p. II --1 et seq. e. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where' residences are intermixed with wildlands? Source #s: MEA, p. III -K-1; Project application/plans; f. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Source #s: Project application/plans; g. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No WN WA Rq DAANN\NEG DECS\DRW4.ND.DOC 19 a. Exposure of persons to or gener- ation of not levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; or exposure of persons to or generation of excessive ground - borne vibration or groundborne noise levels? Source #s: General Plan, p. IV -15; INMA, p. H- -1 et seq.; City of Diamond Bar Development Code, Title 22, p. M-81-90; Project application/plans; b. A substantial permanent increase or temporary or periodic in ambient noise levels in the project vicinity above levels existing with -out the project; Source s:General Plan, P. IV -15; MT -A, p. II -G-1 et sN.; City of Diamond Bar Development Code, Title 22, p. IH -81-90; Project application/plans; C. For a project located within an airport land use plan or, where such D:\ANN\NFG DFCS\DR-Q9L4.ND.DOC 20 d. For a project widiin the vicinity of a private airstrip, would the project exposed people residing or working in the project area to excessive not levels? Source #s: City of Diamond Bar Zoning Map; General Plan, P. IV - 15; MEA, p. II -G-1 et seq.; City of Diamond Bar Development Code, Title 22, p. IH -81-90 ; Project application/plans; a. Fire Protection? Source #s: General Plan, p. VI -3; Project application/plans; b. Police Protection? Source #s: General Plan, p. VI -3; Project application/plans; WA D:\ANN\NEG EkECS\DR9914.ND.DOC 21 a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Source #s: h1EA, p. II -Q-1; General X Plan, p. 1-18, VI -2; Project application/plans; Jenny Au, Regional Water Quality Control Board; b. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's X existing commitments?. Source #s: MEA, p. II -Q-1; General Plan, p. 1-18, VI -2; Project application/plans; Jenny Au, Regional Water Quality Control Board; C. Require or result in the construction of new water or wastewater X treatment facilities or expansion of existing facilities. the construction D:VNN\NEG DECS\DR994.ND.UOC 22 e. Require or result in the constructi of new storm water drainage facilities or expansion of existing facilities, the construction of whic could cause significant environ- mental effects? Source #s: General Plan, p. 1-18, VI -2; Project application/plans; f. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Source #s: General Plan,. p. 1- 18, VI -2; Project application/plan; NPDES requirements/Industrial Waste Permit; Have. sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Source #s: General Plan, p. 1-18, VI -2; Project application/plans; City's Public Works Division; no No am RIM D:\ANN\NEG DECSOR994.NDMOC 23 a. Have a substantial adverse affect on a scenic vista or damage scenic resources, including, but not limited to, trees, rock outcroppings, and X histo.ric buildings within a state scenic highway? Source #s: General Plan, p. IH -10; Project application/plans; b. Substantially degrade the existing visual character or quality of the site and its surroundings? Source #s: General Plan, p. III -10; City of Diamond Bar's Development X - Code, p. IV -11-16; Gateway Corporate Center Design Guidelines; Project application/plans; C. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Source #s: City of Diamond Bar's X Development Code, p. IV -11-16; Gateway Corporate Center Design Guidelines; Project application/plans; WHIR A CIA Ulu, a. Directly or indirectly destroy a unique paleontological resource or X site or unique geologic features? Source #s: MEA, p. 11-H-1 et seq.; b. Cause a substantial adverse change in the significance of an X archaeological resource mrsuant to DAANNkNEG DEXS.ND.DOC 24 § 15064.5 Sour #s: NIFA,, p. II- -1 et .; C. Cause a substantial adverse change in the significance of historical resources defined in § 15064.5?. Sour #s: , p. H-11-1 et .; d. Disturb any human remains, including those interred outside of formalcemeteries? Sour #s: MEA, p. II-11-1 et .; :fYYG/it'%��'..t:✓5'.%/'1./., .h. tSf M. t ..,.i.. I. ..A.:. t .5 .�S ., .E%."at.'t J F.. .�. a. increase the demand use of existing neighborhood and regional parks or other recreational facilities such that substantial deterioration of the facility would occur or be — a lerated? Source #s: General Plan, p. II-1 et sq.; Project application/plans; b. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Source s: General Plan, p. 11-1 et seq.; Project application/plans; /ldg!^ININ MIUM a. Convert prime farmland, unique farmland, or farmland of statewide importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Source #s: MEA, p. 11--1 et. .; Project application/plans; DIANNVJEG DEMDR99ANDMOC 25 C. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland, to non- aF..icultural use? Source #s: MEA, p. H -E-1 et. seq.; City of Diamond Bar Zoning Map; Project application/plans; 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? C. Does the project have impacts that are individually limited, but cumulativelv considerable? No ]ON IN DAANN\NEG DFCS\DR994.ND.DOC 26 D:\ANN\NM DHCS\DR994.MD.DOC 27 a) 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. D:\ANN\NEG DECS\DR994.ND.DOC 28 CITY OF DIAMOND BAR NEGATIVE DECLARATION 99-5 =7 The project site is located within the Commercial -Manufacturing -Billboard Exclusiorr- 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 includes but are not limited to the following: general professional, administrative 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. The proposed use fit into the referenced zoning criteria and is not in conflict with the zoning. b. The City of Diamond Bar does not have a habitat conservation plan or natural community plan for the project site. Additionally, the project sitewas mass graded as a part of the overall grading for Gateway Corporate Center. Therefore, the proposed project is not in conflict with an applicable habitat conservation plan or natural community plan. c. The proposed project is a general office land use, which is consistent with the General Plan, Zoning, Gateway Corporate Center Design Guidelines and existing uses within the Center. Therefore, the proposed project is compatible with the existing land uses in the vicinity. d. The proposed project is a vacant lot located within and existing corporate center. The Zoning, General Plan land use designation and Gateway Corporate Center Design Guidelines do not plan for low-income or minority communities within the corporate center. The proposed project is consistent with the uses within the corporate center. D:\ANN\NFG DECMDRW4.ND.D0C 29 a. The proposed project is located within an established corporate center. Therefore, proposed project will not displace numbers of people, necessitating the construction, replacement housing elsewhere. . I b. The proposed project site is a vacant, graded lot with a buildable pad and infrastructure within the corporate center, zoned for commercial -manufacturing development, consistent with the policies presented in the General Plan and standards presented in the Development Code. The applicant currently has his business in Diamond Bar. The applicant's request will provide a building within the corporate center for his established business. Therefore, it is not expected that the proposed project will induce substantial growth in an area either directly or indirectly by proposing a new business or by the extension of roads or other infrastructure. c. The proposed project will be located within an existing corporate center. As such will not displace substantial numbers of existing housing, necessitating the constructil of replacement housing elsewhere. 7.,b. 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 project area is bound on the north by the San Gabriel Mountains, on the west and south by the Whittier Fault and Elysian Fault and to the east by the Central Avenue -Chino Fault. The project site is located in highly seismic Southern California region within the influence of several fault systems that are considered to be active or potentially active. Therefore, it is anticipated that the project site will periodically experience ground acceleration as the result of small to moderate magnitude earthquakes. However, faults identified by the State as being either active or potentially active are not known to be present on-site. The site is not located within the State of California designated Earthquake Fault Zone; nor is the site located within a Seismic Hazard Zone. The proposed project lies within Seismic Zone 4. The proposed office building will be designed in accordance with the latest edition (1997) of Uniform Building Code. Therefore, likelihood of fault rupture is limited. DAAN"EG DECS\1DR99-4.ND.DOC 30 Pursuant to the project's soils report, landslides and substantial soil erosion are not anticipated on the project site. Settlement is anticipated not to exceed 1/2 inch. This does not include elastic compression of the pier under design loads. A majority of the settlement should occur shortly after the loads are applied. Additionally, subsidence is not anticipated. A tension crack traverses a majority ot Tie pEp=t site anci ex-r7nas Tel -A-01. CIT of approximately five to seven feet below the existing ground surface. The soil adjacent to the, crack is generally moist and soft, probably due to water migrating through the crack from the surface. Portions of the crack contain a large amount of roots, probably seeking the moisture and softer soil within the crack zone. It appears that the tension crack is not due to a global slope instability, but to settlement or relaxation of the artificial fill and lateral movement of the surficial soils along the slope. The soils report provides the following recommendations that the area along the crack be over -excavated and re -compacted prior to construction. It is recommended that the over -excavated area extend approximately 10 feet on either side of the crack and 10 feet below the existing or proposed ground surface, whichever is lower and along the entire length of the slope. Also,a ge'ogrid should be placed at the bottom and mid -height of the excavation. According to the soils report, the project site is believed to have a medium .i... expansion potential. Expansive soils are characteri4ed by their ability to undergo significant volume change (shrink or swell) due to variations in moisture content. Changes in soil moisture content can result from rainfall, landscape irrigation, utility leakage, roof drainage, perched groundwater, drought, or other factors and may cause unacceptable settlement or heave of structures, concrete slabs, or pavements. Depending on the extent and location below finished sub -grade, these soils could have a detrimental effect on the proposed project. Therefore, it is recommended that additiona . 1 testing on the project site occur and the soils report included recommendations for medium expansive potential depending on the test results. D;\ANN\NEG DECS\M994.ND.MC 31 h. The project site is connected to the Los Angeles County sewer system. Therefore, septic tanks ire not utilized and sewers are available for wastewater disposal. b. The project site is not located within a flood hazard area and adequate drainage de have been incorporated into the drainage plan Gateway Corporate Center, as well V`1 as proposed project. Additionally, levees or dams do not exist in Diamond Bar or with the project vicinity. Therefore, the proposed project is not expected to expose peop or structures to a significant risk or loss, injury or death involving flooding, includi flooding as a result of a levee or dam failure. c. The proposed project is required to comply with the National Pollutant DischargN Elimination System (NPDES) permit requirements and incorporated the appropria Best Management Practices (BMP's) in order to prevent pollution by reducing potenti pollutants at the source. Therefore, it is not expected that the proposed project w* violate any water quality standards. According to Los. Angeles County Was Management, the proposed project does not require this agency's involvement. d. Wells do not exist within the vicinity of the project site or the corporate center. a Therefore, it is not expected that the project will substantially deplete groundw I supplies or interfere substantially with ground water recharge such that there would a net deficit in aquifer volume or a lowering of the local groundwater table. ej. There are no streams or rivers located within the vicinity of the project site. Therefore, it is not anticipated that the proposed project will substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation, alteration of the existing drainage pattern of the site or area, or increase the rate or amR unt of surface runoff in a manner which would result in flooding on- or off-site. Additionally, proper drainage will be maintained both during construction and over the entire life of the project. Furthermore, this project's construction requires the review and approval of erosion control plans conforming to the NPDES standards and incorporating the appropriate BMP's. D:\ANN\NEG DECS\DR994.ND.DOC 32 j. The proposed project is within an existing corporate center. Therefore, it will not place housing within a 100 -year flood hazard area as mapped on the Federal flood hazard Boundary or flood Insurance Rate Map or other flood hazard delineation map or place within a 100 -year flood hazard area structures which.would impede or redirect flood flows. a. -c. Air quality may 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. Tables 9-1 and 9-7 are screening tables for operations and construction of specified primary land uses. Pursuant to the tables and significant thresholds listed on page 6-2, an office building under 96,220 square feet will not have a significant impact on air quality in relationship to operations; and an office building under 559,000 square feet will not have a significant impact on air quality in relationship to construction. The proposed project is requesting approval for an 18,400 square feet. Therefore, it is not anticipated that the proposed project will conflict with or obstruct the implementation of the applicable air quality plan; expose sensitive receptors to pollutants; create objectionable odors; violate air quality standards or contribute substantially to an existing or projected air quality violation; or result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard. a. The applicant submitted a traffic impact analysis report for the City's review and approval. The analysis, dated April 22, 1999, was prepared by Linscott, Law and Greenspan. The analysis cates that the proposed project is expected to generate 433 daily two-way trips, with 55 trips (49 inbound, 6 outbound) anticipated during the AM peak commute hour. At the PM peak commute hour, it is anticipated that 64 trips (10 inbound, and 54 outbound) will be generated. The analysis indicates that this proposed project along with proposed office building projects for Lots 2, 12, 15, 16, 22 and 23 within Gateway Corporate Center will have an impact at the Golden Springs Drive/Grand Avenue intersection. Additionally, the Level Of Service (LOS) of this key intersection degrades during the PM peak hour from acceptable LOS to LOS of F with the cumulative traffic effect of projects on the referenced lots including the proposed project. Therefore, area traffic improvement measures are expected to: 1) mitigate the impact of existing traffic, 2) future background and project traffic, and 3) improve Levels Of Service to an acceptable range. The recommended traffic improvement D:\ANN\NEG DECS\DRW4.ND.DOC 33 MWIP b., c. Pursuant to the traffic impact analysis report, the proposed project's access will be a to accommodate ingress and egress traffic without undue congestion. On-si circulation layout, on an overall basis is adequate. Curb return radii have b s d i, confirmed anare adequate for small service/delivery trucks and trash truc: i e n Additionally, the proposed project will comply with applicable Fire Departm e requirements. Therefore, it is anticipated that the proposed project wiHU n substantially increase hazards due to design features or have inadequate emergen access. d. The proposed office building is approximately 18,400 gross square feet and 17,500 net square feet. Pursuant to the City adopted Gateway Corporate Center Design Guidelines, one parking space is required for each 250 square feet of net flbor area of general office use. Therefore, 70 parking spaces are required and provided. As a result, it is anticipated that the proposed project will provide adequate on-site parking. e. Pursuant to the traffic impact analysis report, it is not anticipated that the proposed project will exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designated roads and highways.. The proposed project's design is consistent with the General Plan's goals, objectives and strategies supporting circulation and transportation. Therefore, it is not anticipated that the proposed project will conflict with adopted policies, plans, or programs supporting alternative 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. D:\ANNWM DMIADR994NDMOC 34 a. -c. The proposed project will be required to comply with the latest edition (1997) of the UBC, thereby conforming to the City's energy conservation standards. The proposed project site will not result in the loss of availability of locally important mineral resources recovery site delineation within the General Plan, specific plan or other land use plan because there are no significant, concentration mineral resources in Diamond Bar at this time. a. The proposed project will likely utilize hazardous materials, such as oil, diesel fuel, etc. during the construction phase. The proposed use is general office. As a result, it is not anticipated that that proposed project will create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment. b. It is not expected that the proposed project will impair the implementation of or physically interfere with the City's adopted emergency response plan or emergency evacuation plan. NoD 1*011 K 11 WI I I I HOW WKI) f(MAIN-0,01y DAANNNNEG DECMR99-4.ND.DOC 35 Additionally, with circumstancesas referenced in Item a. above, it is not expected V the proposed project will emit hazardous emissions or handle hazardous or actile hazardous materials, substances or waste within one-quarter mile of an existing proposed school. d. The project is not located on a site which is included on a list of hazardous materials site compiled pursuant to Government Code §65962.5, and as a result will not create a significant hazard to the public or the environment. e. The proposed project is in an urbanized area and not adjacent to areas where the possibility for wildland fires exist or near wetlands. Therefore, the proposed project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Dueto circumstances referenced in Items a. through e. above, it is not expected th the proposed project will create a significant hazard to the public or the environme through reasonable foreseeable upset and accident conditions involving the release hazardous materials into the environment. I g.,h. The proposed project is not located within an airport land use plan or, where such a plan has been adopted, within two miles of a public airport or public use airport; nor is the project located within the vicinity of a private airstrip. 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 win generate noise impacts but not to a level that surpasses existing sound levels. With the completion of- development, noise levels related to construction will cease. Typically, an office use frit generate excessive goundborne vibration or groundborne noise levels. Therefore, the proposed project is not expected to expose persons to or generate significant noise levels in excess of standards established in the City's General Plan, noise standards, or applicable standards of other agencies; or expose persons to or generate excessive groundborne vibration or groundborne noise levels. a., b. The proposed project is located within an existing corporate center that has been and will continue to receive police and fire services from the Los Angeles. Development of the project site was anticipated in the original approval of the corporate center. Therefore, it is anticipated that the proposed project D:UNN\NEG DECS\DR9914.ND.DM 36 will not require the development of new or expanded facilities or services for police antl fire protection. 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 proposed project is within an existing corporate center. Development of the project site was anticipated in the center's original approval. The need for all of and public facilities were reviewed in the MEIR for the center and installed as approved. As a result, all roads and public facilities are existing. As a result, it is not anticipated that the proposed project will have a significant impact on existing public facilities and their maintenance; nor is it expect that the proposed project will cause the creation of new public facties. e. No other specific governmental services have been identified that may be impacted by the proposed project. a. -c. The proposed project is within an existing corporate center with the anticipate development for the project site. According to the Regional Water Quality Control Board (RWQCB), the proposed project is not expected to exceed wastewater treatment requirements of the RWQCB; nor result in the alteration of existing facilities or cause the construction of new facilities. d. It is required that the proposed project comply with NPDES requirements and appropriate BMP's. e. Storm drain facilities exist within the project area. The project site is within an existing corporate center with development anticipated for the project site. As such, it is not anticipated that the project will require or result in the construction of new storm water drainage facilities or the expansion of existing facilities. f. This is an existing corporate center. As such, the proposed project is not expected to significantly impact the capacity of the landfill servicing the project area. g. The proposed project is within an existing corporate center with development anticipated for the project site. As such, it is not anticipated that the proposed project will cause the need for additional water supplies. DAAWNEG DECSOR99L4NADOC 37 M-110�,TFISVTV 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. 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 archaeological resources. I I 04-0401-ta-11 IqTq, Lei 9J I I lig I Ins) M I I tin I - - - - - IM"611IMS)II d. No unique ethnic cultural values, religious, sacred or formal cemeteries 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. The applicant already has his business in Diamond Bar. This project is consists of the relocation of his established business. Employees may already live in Diamond Bar or outside the City and will primarily use or already are using facilities where they five. As such, it is not anticipated that the proposed project will increase the demand for neighborhood or regional parks or other DAAN"M DECS\DR994.MD.DGC 38 a. -c. The proposed project is within an existing business center that was completed in 1986. As a- result, farm -lands and agricultural uses do not exist at the project site or in the vicinity of the project site. a. -c. As referenced in the above findings, the proposed project is within an existing business center that was completed in 1986. As such, the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a population 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 period of California history or pre -history. As referenced in the above findings, the proposed project does not have environmental effects, which will cause substantial adverse effect on human beings, either directly or indirectly. As a result of the referenced finding, the proposed project will not have impacts that are individually limited but cumulatively considerable. D:\ANNV4M DECS\DR994.ND.DOC M t o � \ N J m •� � d _i 4 � I `\\' t�\\ \��\`� Vl � I I rr gR:�i., � �1I !�' Ir�• I i �.FI m I rn 61 it I '� tttt\� rls, I i j• _; Il 1f 1 I•I '.I� z E i I : I b oq p ("f�� O" \ I g{ I I fv � 5 Sb 8 R$ g� y �._. t\ � �� \��i �`, 1 • �'i�� 1 �� II :I � '��I tI I. II m i l 1, 0 9395 SQ VALLEY VISTA DRIVE T g -46` _ DIAMOND BAR, CALIF ENTP61SE6,INC (9b9)502-7 9 20 ®Ul EST GATEWAY _ -,..O.. CENTER LOT 5 -- i a- I I 6oLo'i ..Lon V-tec SYSTEMS CORP SEA WEST livill lelSIC,;R MR, LOT 5 GATEWAY CORPORATE CENTER I N o I a- V-tok SYSTEMS CORP SEA WEST llltll%fffl��� ----LOT 5 -'GATEWAY CORPORATE CENTER 0 M Lr, .1 1 IC i s ,-\ W RU • • • 1 IC t i ,-\ W RU t ,-\ W RU Mw R 2; k k � � / \ \ OZ Q d � Q & m® � d \ Q Q E Mw R 2; Mw R CITY OF DIAMOND BAR -1 MEETING —40TICE OF PUBLIC AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES 'CITY OF DIAMOND BAR I The Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, at 7:00 P.M. on June 8, 1999. Items for consideration are fisted on the attached agenda. I, John Easin, declare as follows: I am employed by the City of Diamond Bar in the Community and Development Services Department; on June 18, 1999, 1 personally posted copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on June 8, 1999, at the following locations: City Hall, Diamond Bar, California, and South Coast Quality Management District Auditorium 21865 East Copley Drive, Diamond Bar I declare under penalty of perjury that the foregoing is true and correct. Executed on June 21, 1999, at Diamond Bar, California. A'o llasi:n���� Community and Development Services Dept. W\s\affidavitposting.doc 'File re, - File rev' ad by On i ed on.L- and is red nninady for .hcon ! by e a wag 4Y City Clark ady for