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HomeMy WebLinkAboutPC 95-03PC RESOLUTION NO. 95-3 A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 94-2 AN APPLICATION FOR THE CONSTRUCTION OF AN 17,867 SQ. FT. TWO STORY PROFESSIONAL OFFICE BUILDING ON A VACANT SITE LOCATED AT 21008 LYCOMING STREET, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Terry Adldnson, acting as the agent for G. Miller Development, 721 Brea Canyon Road, Diamond Bar, CA 91789 has heretofore filed an application as described above in the title of this Resolution. Hereinafter in this Resolution, the project located at 21008 Lycoming Street, Diamond Bar, California, 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 December 12, 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 January 23, 1995. (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. C: I LRTTERS I RRPORTSI DR4!-1A.RPT 1 2. The Planning Commission hereby finds that the initial study review prepared by the City of Diamond Bar and Mitigated Negative Declaration No. 94-6 has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further said negative declaration reflects the independent judgement of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which 1 the wildlife depends. Based upon substantial evidence, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing on December 12, 1994 and concluded on January 23, 1995, including written and oral staff reports, together with public testimony, and in conformance with OPR Extension of Time, the Planning Commission hereby specifically finds as follows: C:1L=RSI MPORTSIDR91&U.RPT 1. The subject property is located at 21008 Lycoming Street on the southeast corner of the intersection of Brea Canyon Road and Lycoming Street, an area with a mixed concentration of commercial development bordered by multi -family and single family development; 2. The property is located in Zone C -1 -BE and allows this use as a right of zone. The project site is approximately 42,026 sq. -ft. in size and is currently vacant. 3. The applicant's -request is for the construction of a two story office building approximately 17,867 sq. ft. in size. 4. The surrounding properties are developed with commercial and light industrial manufacturing uses to the north and northwest, a day care center and single family residences to the west, single family and multi -family development to the east and northeast and a recreational vehicle storage to the south of the project site. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily lk .. 2 "1J F p� p.. 2: a �1 AV ur, u.5,m ,w k.'vWka: Bulletin on November 21, 1994. There are 167 property owners within 500 feet of the project site who were notified by mail. 6. The design and layout of the proposed development is consistent with the applicable elements of the City's contemplated General Plan, and design guidelines and architectural criteria of the appropriate district; 7, 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 pedestrian hazards; 8. The architectural design of the proposed residence is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the contemplated General Plan of the City; 9. 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 'Y and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; 10. The pro-)osed use will not be detrimental to the public health, safety of welfare or materially injurious to the properties or im- provements in the vicinity. 5. 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 restrictions F.s to use: 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, an affidavit stating that the applicant is aware of, and accepts all the conditions of this permit. 2. That three copies of the revised plot plan and marked Exhibit "A" and conforming to such of the following conditions as can shown on a p'.an, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and: maintained in substantial conformance with the OILEMASIRHPORTSIDR94-1A.RPT 3 approved plans. 3. This grant is valid for two years and must be exercised (Le. 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. 4. All construction materials must comply with the materials board approved by the Planning Commission and marked as Exhibit "A- 1" and dated January 23, 1995. 5. Notwithstanding any previous Subsection of this 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 thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 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. The applicant must comply with all federal, state, Zone C -1 -BE, Engineering Department, and Building and Safety Department requirements unless otherwise amended as a part of this grant. 8. The applicant must submit a revised landscape plan for approval of the Community Development Director prior to issuance of building permits. 9. All drive aisles shall be marked as Fire Lanes and all compact parking stalls shall be marked as "Compact". 10. As proposed project is within Zone AO as designated on the FEMA Flood Insurance Rate Map, the applicant shall assure that all earthwork and construction complies with Ordinance No. 30 (1989) of the City adopting Flood Damage Prevention G ILE=RSMVWR73=94-2&R" 4 .. .. ,.. _...-T,�04•�'��t��'- Regulations. Prior to the issuance of any grading or building permits the applicant shall obtain from the City a Development Permit as required by said ordinance. 11. Applicant shall obtain permission from the Los Angeles County Sanitation Districts to directly connect building sewers to Sanitation District No. 21 trunk sewer. If permission to connect is not obtained, applicant shall prepare plans to the satisfaction of the City Engineer and construct public sanitary sewer to extend existing public sanitary sewer to serve the project prior to occupancy of building. 12. Applicant shall obtain permission from the Los Angeles County Flood Control District for access, driveways, parking and other improvements as proposed over District easement. 13. Applicant shall install street lights on Marbelite poles along the frontages of the project to the satisfaction of the City Engineer. 14. Applicant shall install street trees along the frontages of the project to the satisfaction of the City Engineer. 15. Applicant shall submit to the City for processing, a lot line �! adjustment application, in substantial conformance with Exhibit "A-2", prior to issuance of building permits. The applicant shall-� record the approved lot line adjustment with the County of Los Angeles and provide to the City verification thereof, prior to issuance of a building permit. 16. The project shall be designed with commercial driveway approaches with a minimum 30 ft. width in order to accommodate proposed traffic flow. 17. Applicant shall comply with the recommended mitigation measures identified in the Traffic Impact Analysis Addendum dated January, 1995, and the Mitigated Negative Declaration No. 94-6, to the satisfaction of the City Engineer. 19. The applicant shall work cooperatively with the adjacent property owner in order to obtain, as feasible, appropriate agreements related to reciprocal vehicular access and parking in conjunction with future development of the southerly adjacent parcel, prior to issuance of building permits, to the satisfaction of the City Engineer. t GIIXMRSIREWRTSIDR94-2A.RPT 5 19. That all grading, drainage plans and wall plans shall conform to all City standards or as amended by this action. 20. The office building is restricted to non-medical uses in order for the project to conform to the parking standards. 21. The applicant shall construct landscaped berms on the perimeter of the parking areas abutting the public streets. 22. The project shall be conditioned to include a Trip Reduction/Travel Demand Management Plan (TR/TDM) program sufficient to comply with the CMP program, to the satisfaction of the City Engineer. 23. The project shall provide traffic mitigation consistent with the CMP sufficient to account for a minimum of 293 development points as determined by the L.A. County CMP program guidelines, to the satisfaction of the City Engineer. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to Terry Adkinson and G. Miller Development at the addresses as set forth on the applica- tion. 01 APPROVED AND ADOPTED THIS THE 23RD Dky OF JANUARY, 1995 BY THE PLANNING COMMISSION OF THE CIT I BAR. BY: id Meyer, -airman I, James DeStefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of January, 1995,' by the following vote -to -wit: AYES: [COMMISSIONERS:] Flamenbaum, Fong, Huff, Schad, and Meyer NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] 4 'r ABSENT: [COMMISS ONERS•� Attest: 54r i James DeSte'ano, Secretary ;ry 1 CALETTERSIRESOLTMDR94-4.RES Nm 4'