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HomeMy WebLinkAboutPC 94-24PC RESOLUTION NO. 94-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF .DIAMOND BAR, CALIFORNIA APPROVING A ONE YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 91-1, FOR THE FIRST PHASE DEVELOPMENT OF A 73,000 SQ. FT., MEDICAL OFFICE BUILDING AND DIAGNOSTIC/TREATMENT CENTER PROPOSED FOR 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, (1989) 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. 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the��Jj': City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the initial study 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 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 1( 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 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 i 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 a one (1) year extension of time to initiate construction of a the first Phase (73,000 sq. ft.) of a r, three (3) Phase, 425,000 sq. ft. medical complex to constructed over a 20 year period. Additionally, the applicant is requesting a reduction of the floor area approved as an element of the Phase I project, from 88,205 sq. ft. to 73,000 sq. ft. and the revision of the building material pallet as two exterior materials are no longer available but similar replacements have been proposed. The project's development standards and criteria for development are contained within conditions of approval and conceptual architectural and site plans. 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 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 j 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 Pian 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 October 10, 1994. Notification to property owners within a 1000 foot radius was mailed on October 14, 1994, to 883 property owners. (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; 3 (i) The conceptual architectural design of the proposed Complex is 8 compatible with the character of the surrounding development and will maintain the harmonious, orderly, and attractive ordinance development the contemplated by the Development Review proposed General Plan of the City; (j) 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. (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 nature, condition, and size of the site is adequate in size to accommodate the project. ara 6. Based on the findings and conclusions set forth in paragraphs 11 2, 3, 4, and 5 above, this planning Commission hereby approves the application subject to the following conditions and restrictions. CONDITIONS OF APPROVAL 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 planning Division of the Community Development Department the Affidavit of Acceptance and accepts all the conditions of this permit; 2. The applicant -must comply with all federal, state, Zone C -3 -BE, Community Development Department and Public Works Department requirements, and that all grading, drainage plans and wall plans shall conform to all City standards. 3. The project shall substantially conform to the site plan and architectural elevations as presented to the Planning Commission and dated October 24, 1994. Three copies of the said site plan and elevations as depicted and dated October 24, 1994 and marked collectively as Exhibit "A" and conforming to such of the following conditions as can be shown on a plan, shall be submitted for approval of the Community Development Director. All construction materials must comply with the materialsboard approved by the Planning''{ Commission and marked as Exhibit "A-1". The property shall thereafter be developed and maintained in substantial conformance with the approved plans. 4 4. Approved Uses for the Phase I project include the Medical Office Building (45,000 sq. ft.) and Diagnostic/Treatment Center (38,000 sq. ft.) for a total of 7.3,000 sq. ft. 5. Phase I construction shall have a minimum building setback of approximately 350 feet from Grand Avenue and approximately 300 feet from the front property line. 6. The property shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by a duly permitted waste contractor who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. -7. This grant is extended for a period of one (1) additional year for a total of three years from the date of the original CUP approval,, and must be exercised (i.e. Development Review approval obtained and construction started) within that -r period or this grant will expire. All other conditions of Conditional Use Permit No. 91-1 are to remain in full force and effect and are not amended unless other specifically stated above. 9. The proposed retaining walls along the main drive aisle shall be redesigned to incorporate a series of stepped retaining walls or crib walls. The use of crib walls may be permitted and that walls designed in excess of six (6) feet shall be reviewed and approved by the Planning Commission. 10. Applicant shall incorporate additional landscaping to obscure the view of all perimeter the retaining walls. 11. All deliveries shall be prohibited between the hours of 10 p.m. to 6 a.m. and comply with all noise ordinance requirements. 12. The applicant shall pay $5,000 to initiate a precise alignment feasibility study for secondary access to Golden Springs Dr. The study shall be reviewed and approved by the Planning Commission, prior to the issuance of building permits. 13. The applicant shall comply and conform to the Hillside Management Ordinance and Noise Ordinance. 7. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and 5 (b) Forthwith transmit a certified copy of this Resolution, to Inter - Community Hospital at the address as set forth on the application. ;X 4� APPROVED AND ADOPTED THIS THE 24TH DAY OF OCTOBER, 1994 BY THE PLANNING CQ>1MISSION OF THE CITY OF DIAMOND BAR. BY: ~----- IY id ie} r hairman G 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 with the following vote: AYES: COMMISSIONERS: Plunk, Schad, Flamenbaum, Fong, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James "DeStefand, Secretary 11 K