HomeMy WebLinkAboutPC 97-12PLANNING COMMISSION
RESOLUTION NO. 97-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING NEGATIVE DECLARATION (ND) 97-2 AND
DEVELOPMENT REVIEW NO. 97-4, A REQUEST TO CONSTRUCT A
35,451 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT THE
NORTHEAST CORNER OF LEMON AVENUE AND LYCOMING STREET,
DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1'.
The applicant/ owner, Andy Teng of Lan Plus, and the
applicant's agent, Kent Wu have filed an application for
Development Review No. 97-4 as described above in the
title of this Resolution. Hereinafter ' in this
Resolution, the subject Development Review shall be
referred to as the "Application."
2.
On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of
the State of California. Thereafter, the City Council of
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the City of Diamond Bar adopted its Ordinance No. 14
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(1990), thereby adopting the Los Angeles County Code as
the ordinances of the City of Diamond Bar. Title 21 and
_v
22 of the Los Angeles County Code contain 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.
3.
On July 25, 1995, the City of Diamond Bar adopted its
General Plan. It has been determined that the proposed
project is consistent with the General Plan.
4.
The Planning Commission of the City of Diamond Bar on
August 26, 1997 conducted a duly noticed public hearing
on the Application, the project was continued to
September 9, 1997.
5.
Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on July 18, 1997. Eight
(8) property owners within a 300 foot radius of the
project site were notified by mail on July 10, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
follows:
1. This Planning Commission hereby specifically finds
that all of the facts set forth in the Recitals,
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Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the
there is no substantial evidence that the project
may have a significant effect on the environment and
therefore a Negative Declaration (ND 97-2) has been
prepared, pursuant to the requirements of the
California Environmental Quality Act of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to.Section 15070 of Article 19 of Chapter
3 of Division 13 of Title 14 of the California Code
.of Regulations.
3. The Planning Commission hereby specifically finds
and determines that, having considered the record as
a whole including the findings set forth below, and
changes and alterations which have been incorporated
into and conditioned upon the proposed project set
forth in the application, there is no evidence
before this Planning Commission that the project
proposed herein will have the potential of an
adverse effect on wildlife resources or the habitat
upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission
hereby rebuts the presumption of adverse effects
fi, contained in Section 753.5 (d) of Title 14 of the
California Code of Regulations.
4. Based on the findings and conclusions set forth
herein, this Planning Commission hereby finds aas
follows: 0
(a) The project relates to a 78,442 square foot
vacant parcel, located at the northeast corner
of Lemon and Lycoming.'
(b) The project site has a General Plan land use
designation of Light Industrial (I). It is
within the'Restricted Heavy Manufacturing (M-
1.5) zone.
(c) Generally; the following zones and uses
surround the project site: to the north are
railroad tracts and the City boundary; to the
south is a school site zoned Residential
Agricultural (R -A 8,000), to the east is an
industrial building within the Commercial
Manufacturing (CM) zone and'to the west is an
industrial building located within the M-1.5
zone. -
(d) The proposed project is a request to construct .
a 35,461 square foot, two story industrial
building, to be utilized for warehousing,
assembly and associated office uses.�Jl
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i.
(e) The design and layout of the proposed
development review is consistent with the
applicable elements of the City's General Plan,
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design guidelines of the appropriate district
and any adopted architectural criteria for
specialized areas, such as designated historic
districts, theme areas, specific plans,
community plans, boulevards or planned
developments.
The proposed industrial building is consistent
with the General Plan Land Use Element which
provides for light industrial uses within areas
designated Light Industrial (I).
Further, the applicant is proposing replacing
the pepper trees which will be removed as a
result of development of this site, at a three
to one ratio. This is consistent with the
Resource Management Element which calls for the
retention and preservation of pepper trees, as
well as other identified species of trees as
part of a tree preservation ordinance.
(f) The design and layout of the proposed
development will not unreasonably interfere_
with the use and enjoyment of the neighboring
existing or future development and will not
create traffic or pedestrian hazards.
The proposed industrial building is permitted
by right within the Restricted Heavy
Manufacturing (M-1..5) zone.
The applicant is dedicating an additional 10'
of property along the entire length of the
Lycoming Street frontage for the ultimate
widening of this side of the street to a 401
half -width in compliance with the General Plan
requirement for an ultimate 80' right-of-way
for Lycoming Street.
On-site parking and loading facilities have,
been provided for the proposed building in
compliance with Code requirements and in an
amount exceeding the minimum standards.
A sidewalk will be extended in front of the
building, and a condition of approval has been
included requiring the applicant to be
responsible for any needed repairs." All
sidewalks, walkways and parking, will be
constructed in compliance with ADA
requirements.
(g) The architectural design of the proposed,
development is compatible with the character of
the surrounding neighborhood and will maintain
the harmonious, orderly and attractive
development contemplated by Chapter 22.72 of
the Development Review Ordinance No. 5 (1990)
and the City's General Plan.
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The proposed industrial building is a concrete
"tilt up" -type structure, which is typical of
the buildings in the surrounding area. While
simple in design, the building features design
elements such as varying setbacks, rounded
corners and accent colors, which add interest Cli'G°
and variety to the building's exterior
elevation.
(h) 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.
The design of the proposed industrial building
will utilize a variety of colors, textures and
shapes as well as a 'varied front setback to
create interest, and landscaping in an amount
that exceeds the minimum Code requirements.
This will result in a site that is
aesthetically appealing, and enhances the
appearance of the surrounding area. Further,
the site is located at the northerly boundary
r of the City, and will serve as an attractive
"entry statement" for the community .
(i) The proposed development wile~- not be
detrimental to the public health;"safety or
welfare or materially injurious to the 01,
properties or improvements- in the vicinity.
Before the issuance of any City permits, the
proposed project is required to comply with all
conditions of the approved resolution and the
Building and Safety Division, Public Works
Division and Fire Department. The referenced
agencies' involvement will ensure, that the.
proposed project is not detrimental to the
public health, safety or welfare or materially
injurious to the properties or improvements,in
the vicinity.
5.. Based on the findings and conclusions set forth
above, the Planning Commission hereby approves the
Application subject to the following conditions:
(a) The project shall substantially conform to
plans collectively labeled as Exhibit "All
dated September 9, 1997, as submitted and
approved by the Planning Commission.
(b) The site shall be maintained in a condition
which is free of debris both during and after
the construction, addition, or implementation
of the entitlement granted herein. The removal
of all trash, debris, and refuse, whether
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during or subsequent to construction shall be
dane.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,
W.x construction, and industrial areas within the
City. It shall be the applicant's obligation
to insure that the waste contractor utilized
has obtained permits from the City of Diamond
Bar to provide such services.
(c) The applicant shall comply with all State, M-
1.5 zone, Public Works Department and Building
and Safety Division requirements.
(d) This grant is valid for two years and shall be
exercised (i.e. construction started) within
that period or this grant shall expire. A one
year extension may be requested in writing and
submitted to the City 30 days prior to the
expiration date.
(e) This- grant shall not be effective for any
purpose until the permittee and owner of the
property involved (if -other than permittee)
have filed, within fifteen (15) days of
approval of this grant, at the office of
f, Diamond Bar Community Development Department,
their Affidavit of Acceptance stating that the
applicant/owner is aware of and agrees to all
- conditions of this grant. Further, this grant
shall not be effective until the permittee pays
any remaining City processing fees.
(f) If the Department of Fish and Game determines
that Fish and Game Code Section 711.4 applies
to the approval of this project, then the
applicant shall remit to the City, within five
days of this grant's approval, a• cashier's
check, payable to the County of Los Angeles, of
$25.00 for a documentary handling fee in
connection with Fish and Game Code
requirements. Furthermore, if this project'is
not exempt from a filing fee imposed because
the project has more than a de minimis impact
on fish and wildlife, the applicant shall also
pay to the Department of Fish and Game any such
fee and any fine which the Department
determines to be owed.
(g) Within 30 days of this grant's approval, the
applicant/owner shall submit revised site
plans, landscaping plans and floor plans
reflecting the additional lo' dedication along
the property's frontage on Lycoming Street.
These plans shall be reviewed and approved by
the Planning Division prior to issuance of City
permits.
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(h) Within 30 days of the grant's approval the
applicant/owner shall submit final landscaping
and irrigation plans subject to approval by the
Planning and Building and Safety Divisions.
All landscaping shall be installed prior to
issuance of Certificate of Occupancy.
(i) Prior to final inspection, the applicant/owner
shall install a decorative masonry wall not
less than 30" and no greater than 42" in height
parallel and adjacent to the parking lot.
(j) The parking lot shall be lighted to a 1 candle
foot minimum level of illumination. All
lighting shall be 'adequately shielded so as to
not spill over on to adjacent surrounding
properties or roadways.
(k) Any roof mounted equipment shall be hidden from
view by either the building parapet or behind
screening that is constructed using materials
and colors that are complimentary with the
overall architectural design of the building.
(1) Plans shall conform to State and local building
codes (i.e. Table 10-A of the 1994 edition of
the Uniform Building Code and the 1994 editions
of Plumbing Code, Mechanical Code, and 1993
edition of the National Electrical Code), as
well as the State Energy Code.
(m) The plans for new construction shall be
engineered to meet wind loads of 80 m.p.h. with
an exposure "C.°
(n) All ramps shall be handicapped'accesible.
(o) All exterior 'access doors shall be clearly
marked with handicapped symbols.
(p) The Fire Department shall review and approve
plans for Fire Code compliance.
(q) All bathrooms and restrooms shall comply with
the new State Handicapped Accessibility
regulations.
(r) Prior to grading permit issuance, a soils
report and final grading and drainage plans
shall be submitted and approved by the
Engineering Department.
(s) The location of the borrow site for imported
fill materials and the transport route shall be
identified on the grading plans. All trucks
hauling dirt', sand, soil or other loose
materials shall be covered and maintain at
least two feet of freeboard (i.e. minimum
vertical distance between top of the load and
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the top of the trailer).
(t) The building shall have roof drains to direct
water to paved surfaces or to underground
^' drainage facilities.
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(u) The applicant/owner shall be responsible for a
proportionate share of the cost of any future
warrant study or signal modifications needed
due to the traffic impacts resulting from this
project.
(v) No access shall be permitted to the property
from the right-of-way adjacent to the railroad
tracts.
(w)
The applicant/owner shall irrevocably dedicate
to the City of Diamond Bar, 10' of land along
the entire length of the subject property on
Lycoming Street. Written proof that the said
dedication has been,duly recorded and accepted
by the County Recorder of, the County of Los
Angeles shall be provided prior to building
permit issuance.
(x)
The owner shall be responsible for the
installation of all required improvements along
the existing property -s frontage along Lycoming
Street, which shall include the extension of
the curb gutter and sidewalk. The owner shall
also, be responsible for any sidewalk repair
along the frontage of the property and for the
installation or upgrade of any handicap access
ramps at the intersection.
(y)
The trash storage area shall be constructed on
a concrete pad.
(z)
The applicant/owner agrees to comply with any
and all NPDES mitigation requirements which may,
be imposed on or related to the property.
(aa)
The applicant/owner agrees' to comply with
adopted Congestion Management Plan (CMP)
regulations of the City.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, to Andy Teng,
Lan Plus 17088 E. Green Drive City of Industry
CA 91745 and Kent Wu Architects, 1274 E. Center
Court Drive, Suite 211, Covina, CA 91724.
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W
APPROVED AND ADOPTED this 9TH DAY OF SEPTEMBER,
1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
-Joe R cka, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted by the Planning Commission of the City of Diamond Bar,
at a regular meeting of the Planning Commission held on the 9TH day
of September 1997, by the following vote:
AYES: COMMISSIONERS: Ruzicka, Goldenberg, Schad &
McManus
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: Fong
ABSTAIN: COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
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