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HomeMy WebLinkAboutPC 94-23PC RESOLUTION NO. 94-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING DEVELOPMENT REVIEW NO. 94-1, FOR THE REVIEW OF THE PHASE I, 73,000 SQ. FT. INTER- CONDIUNITY MEDICAL PLAZA DEVELOPMENT IN CONFORMANCE WITH CONDITIONAL USE PERMIT NO. 91-1, ON A 43 ACRE SITE LOCATED AT 887 GRAND AVENUE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) DASCO West, acting as representative for the applicant, Inter -Community Health Services, 303 W. 3rd St., Covina, California, has heretofore filed an application for certification of Environmental Impact Report No. 91-4 and approval of Development Review No. 94-1, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review applications shall be referred to as "the Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. (iii) The City of Diamond Bar lacks an operative General Plan. Action was taken on this application, as to consistency to the proposed General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension of Time granted pursuant to California Government Code Section 65360 and 65361(a). (iv) On October 24, 1994 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and concluded said public hearing on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the initial study prepared and reviewed by the City of Diamond Bar and Environmental Impact Report No. 91-4 has been prepared for the three Phase project in compliance with the California Environmental Quality Act'���"i of 1970, as amended, and the Guidelines promulgated thereunder and further said Environmental Impact Report No. 91-4 reflects the independent judgement of the City of Diamond Bar. The City has prepared a Conformity Report which compares the Application with the project analyzed within the Environmental Impact Report No. 91-4 and has determined that the Application will create no change in the impacts or the potential impacts will be less than that anticipated in the Phase I development scenario. 3. The Planning Commission, hereby specifically finds and determines, based on the findings set forth below, that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in said Environmental Impact Report No. 91-4, except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission finds are clearly outweighed by the economic, social, and other benefits of the proposed project, as more fully set forth in the Statement of Overriding Considerations adopted April 12, 1993. 4. The Planning Commission hereby specifically finds and determines that, after having considered the record as a whole including the findings set forth below, and changes and alternations which have been incorporated into and conditioned upon the proposed , project set forth in the application, there is no evidence before this Planning 1",T Commission that the project proposed 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. Notwithstanding the findings set forth herein, the applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 5. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on October 24, 1994 and concluded on that date, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65361(a), the Planning Commission hereby specifically finds as follows: (a) The applicant's request is for approval of a 73,000 sq. ft. first Phase development of a three (3) phase, 425,000 sq. ft. medical complex to be constructed over a 20 year period. The project's development standards and criteria for development are contained within conditions of approval and conceptual architectural and site plans approved as a part of Conditional Use Permit No. 91-1. '71 i K iiyi ak t ff' kb, wT'. & _ Each Phase must receive Development Review approval prior to obtaining grading and construction permits. (b) The application applies -to property located at 887 Grand Avenue, Diamond Bar with a gross area of 43 acres and is zoned C -3 -BE {Unlimited Commercial -Zone) and R-4 (Unlimited Residence Zone). The draft General Plan land use designation is Office Professional Planned Development [PD (OP)]. (c) Properties to the east and south are developed with single family and multi -family residences, to the north the site is developed with a commercial office, retail commercial and a golf course and the sites to the west are partially developed by a commercial office development known as Gateway Corporate Center. (d) The subject property has previously been graded and currently is a vacant parcel. (e) The site is sufficient in size and can provide adequate ingress and egress to allow the development compatible with the surrounding current land uses. (f) The subject site lies within the Diamond Bar General Plan Office, Professional/Planned Development PD (OP) and Open Space (OS) land use designation. The current zoning of the site is not consistent with the land use designation. - (g) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on January 14,1993. Notification to property owners within a 500 foot radius was mailed on February 4, 1993. (h) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and contemplated future developments, and will not create significant pedestrians hazards; (i) The conceptual architectural design of the proposed complex is compatible with the character of the surrounding development and will maintain the harmonious, orderly, and attractive development contemplated by the Development Review Ordinance and the proposed General Plan of the City; 3 91 design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (k) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the vicinity and will promote these goals. (1) The subject site is adequately served by Grand Avenue and Golden Springs Drive and all required public and private services. The site is physically suitable for the development. (m) The design and layout of the proposed development is consistent with the applicable elements of the City's draft General Plan, design guidelines and architectural criteria of the appropriate dis- trict; (n) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; 11. (o) The architectural design of the proposed project is compatible with the character of the surrounding current and the proposed development and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the draft General Plan of the City; (p) The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (q) The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the vicinity. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application subject to the following conditions: 4 r..i 1. This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed, at the office of Diamond Bar Community Development Department, his affidavit stating that the applicant is aware of, and accepts all the conditions of this permit; 2. That all requirements of the Zoning Ordinance, Conditional Use Permit No. 91-1 and of the underlying zoning of the subject property must be complied with, unless set forth in this grant and shown on the - approved plans and submitted to the Community Development Director before this permit can be exercised; 3. That three copies of the revised plot plan marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. 4. That the applicant must, comply with all State, Zone C -3 -BE (Unlimited Commercial/Billboard Exclusion) and R-4 (Unlimited Residence Zone), Engineering Department, and Building and Saf- ety Department requirements. 5. This grant is valid for two (2) years and must_ be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. 6. All construction materials must comply with materials board approved by the Planning Commission and marked as Exhibit "A- 1" and dated October 24, 1994. 7. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 8. All parking areas shall be lighted to a 1 candle foot minimum level of illumination so as encourage utilization of the new parking spaces by employees. 5 9. This permit is granted in compliance with Conditional Use Permit To. 914(a) and shall be of no force and effect upon expiration of the conditional use permit listed above if not exercised.i�' 10. Submit 3 copies of each of the following reports: soils and geology (based on the proposed grading plans for the finalized building), traffic impact analysis (based on the proposed drive approach to the site off Grand Avenue), hydrology (based on the existing/proposed drainage devices for on and off-site tributary areas and a $1,000 deposit fee for each report review. 11. Provide 3 copies of the revised site plan detailing all existing drainage devices and structures (See P.D. No. 1747 Slits. 1-7) and showing 800 S. Grand Ave. Condominium entrance and existing traffic signal at the same location. 12. Show location of proposed new sewer line on south side of Grand Ave. and hook-up for new building. Existing sewer main in Grand Ave. is on north side of street. Application for installation of this new mainline should be made as soon as possible to Los Angeles County Sanitation District No. 21. 13. Existing drainage devices and structures should be shown on plan and hydrology calculations for the proposed new development and t capacity of existing devices for future run-off to. be submitted to the City. 14. City will require recorded drainage agreement between Inter - Community Medical Plaza and Calvary Chapel owners, if existing down drains remain. 15. Written approval to be obtained as soon as possible from Los Angeles County Flood . Control District if any construction is proposed over or in the vicinity of PD 1747. Twenty one (2 1) ft. high retaining wall and possibly the treatment center is being proposed directly over Line B 'of PD 1747 and car parking over several existing interceptor drains. 16. Driveway alignment opposite 800 Grand Avenue Condominium driveway should be indicated on the revised plans showing existing traffic signal and cut in median etc. 17. Fire Department approval shall be obtained. All fire lanes shall be shown on the revised plan. ; 6 """ 7. 18. New sidewalk to be installed along Grand Avenue property frontage. 19. The Developer shall enter into an agreement with City to complete improvements at such time as City acquires interest in the 25 ft. additional right-of-way to be granted to the City for street widening. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to DASCO West, and Inter -Community Health Services at the addresses as set forth on the Application. APPROVED AND A PIED THIS THE 24TH DAY OF OCTOBER, 1994 BY THE PLANNING CO Xrmn F THE CITY OF DIAMOND BAR. BY: Davi eye , I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, by the Planning Commission on the 24th day of October, 1994, by the following vote: AYES: COMMISSIONERS: Plunk, Schad, Flamenbaum, Fong, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: OMMISS, , S: Z ATTEST: ,,� tames DeStefano, Secretary 7