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HomeMy WebLinkAboutPC 98-01PLANNING COMMISSION RESOLUTION NO. 98-01 A RESOLUTION OF THE PLANKING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 97-9, A REQUEST TO ALLOW THE PLACEMENT OF A MODULAR BUILDING FOR CLASSROOM AND OFFICE USE. THE PROJECT SITE IS LOCATED AT 22601 SUNSET CROSSING ROAD. A. Recitals 1. The property owner, YMCA of Pomona Valley, and the applicant, Jerry White of the Walnut/Diamond Bar YMCA, have filed an application for Development Review No. 97- 9, located at 22601 Sunset Crossing Road, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be re- ferred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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. 3. Action was taken on the subject application as to its consistency with the 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 January 13, 1998 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily $ulletin newspapers on January 2, 1998. Fifty-seven property owners within a 500 -foot radius of the project site were notified by mail on December 23, 1997. 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 determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15303(c) of Article 19 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 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. 4. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project relates to a undeveloped, 1.7 acre site, located at 22601 sunset Crossing Road. (b) The project site has a General Plan Land Use designation of Private Recreation (PR). It is zoned Manufacturing -Industrial Planned Zone (MPD) (c) Generally, the following zones surround the subject site: to the north, west and south is a MPD Zone and to the east is a Single Family Residential - Minimum Lot Size 8,000 square feet(R-1-8,000) Zone. 2 __--_,—�y__J.�u—.u..YWl.lib.lulAlixlwl-JAIu»Ir.-.-..-ri4T.rnmWaG�'f .. r^'•r-rvHm•i•"-,-- nr-rr. rnxm rn trrvr nrrunmmerr.-«.r.iie..«___—_�_ _—_— (d) The proposed Development Review is a request to allow the temporary placement of a 1,320 square foot modular building for classroom and office use. (e) The design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historical districts, theme area, specific plans, community plans, boulevards, or planned developments. The proposed project is consistent with the development standards of the Scientific Research and Development Zone (SR -D) under which it is permitted at this site in that the operations shall be conducted in a completely enclosed building, the ground floor areas of the structure shall not exceed 35% of the total parcel area, adequate parking will be provided and the appropriate setbacks are observed. (f) Approval of the design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed modular building shall be set back approximately 90 feet from the rear property line of the closest adjacent residential property, with a gravel access road acting as a buffer between the modular structure and the rear yard wall of the residence. The YMCA property is at the end of Sunset Crossing Road, with both the proposed site and the existing YMCA building accessed through the parking lot at the cul-de-sac end of Sunset Crossing Road. Therefore, the addition of the 1,320 square foot modular building will not, adversely impact existing traffic. (g) The architectural design of the proposed project is compatible . with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General_Plan. The modular building is of commercial design, compatible with the existing YMCA building. The addition of required landscaping and irrigation on the project site will ensure that the modular building is compatible with the characteristics of the surrounding neighborhood.���Ik!!li�l i' (h) The design of the proposed project would provide a La 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 exterior of the proposed modular building will be of a neutral color (white) which is durable and aesthetically pleasing and is expected to remain acceptable for the duration of the temporary three year use. Additionally, the proposed site will be landscaped in order to integrate the modular building into the site. (i) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project is an expansion of the existing YMCA site and as such will beneficially contribute to the public welfare by providing additional opportunities for community education and recreation. The design and location of the modular } building will ensure that it will not be materially injurious to the properties or improvements in its 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 site plan labeled as Exhibit "A", dated January 13, 1998 as submitted and approved by the Planning Commission. (b) The subject 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 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. 4 ; {. III amanu j,io11., I .,_—._._.,-+g- - -,. ,� ,—.--�—._„__._.«...1.111,.. ,” IIID 1- —111.,_,—_— — --- R 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) Any exterior lighting added for this project shall be arranged so as to prevent glare or direct illumination in any residential zone on adjoining property and in a manner which will not cause a traffic hazard. (d) Prior to issuance of building permits, the applicant shall apply for and receive from the Public Works Division a new address for the proposed site. (e) The proposed modular building will require 10 regular parking spaces and one handicap van parking space on the proposed site. The parking lot shall be surfaced in asphalt or poured concrete. A solid masonry wall not less than 30 inches nor more than 42 inches in height shall be established parallel to and not nearer than five feet to the front lot line. The design and layout of the parking area shall be shown on a site plan and submitted to the Planning Division for review and approval prior to Building and Safety Division plan check. (f) The applicant shall submit a landscape/irrigation plan delineating the type, color, size, quantity and location of planting material for review and approval by the City. The landscaping/ irrigation shall be installed prior to the Planning Division's final inspection or Certificate of occupancy's issuance. (g) Plans submitted for Building and Safety Division plan check shall meet all "E" occupancy requirements. The Building and Safety Division has determined the maximum occupant load to be 47 persons. (h) Plans submitted for Building and Safety Division plan check shall conform to State and Local Building Codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code, Mechanical /code and 1993 edition of the National Electrical Code) as well as the State Energy Code. (i) Plans submitted for Building and Safety Division plan check shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C". . -'-• -_ ...�_. _.� �. � ., - _ __ .. �. __ ...r -..y .e-x�«.-�.- «.w.n.. . �.m-z+«.�«.mva-..a..-s-`.�'_""� i i ¢�'i �i :, l.i TpMA"I�MF`..s^.-- �--�,.-«-.-. -..- ,_-....- _..-.T _..-.-�..-•--� .... _-._-.,_. -.�.� (j) All new handicapped parking shall comply to new State Handicapped Accessible Regulations and plans delineating the location of the ADA requirements shall be submitted for Planning Division review and approval before Building and Safety Division plan check. (1) Compliance for van parking shall be shown on plans. (2) Shortest accessible route to accessible entrance(s) shall be shown on plans. (k) Restrooms and main entrance shall be made accessible to persons with disabilities: (1) The Site Plan submitted for Building and Safety Division plan check shall show path of travel for persons with disabilities and shall comply with all ADA requirements. (m) Fire Department review and approval of plans for all "E"'occupancies shall be required. (n) Annual review of the site by the Building and Safety Division, conducted on or before the anniversary date of project approval, shall be required due to the temporary use. (o) The applicant shall comply with all requirements of the Planning and Zoning Division, Building and Safety Division, Public Works Division and Fire Department. (p) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (q) This grant for temporary, three year use 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. (r) 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 6 3 nj remit to the City, within five days of this grant's k' approval, a cashier's check of $25.00 for a J' ( documentary handling fee in connection-with Fish and Game Code requirements. Furthermore, if this `r 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 F;y be owed. 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: Jerry White, Walnut/Diamond Bar YMCA, 22600 Sunset Crossing Road, Diamond Bar, CA 91765. Fe: APPROVED AND ADOPTED THIS THE 13TH DAY OF JANUARY, 1998 BY THE PLANNING COMMISSION OF THE CIY OF DIAMOND BAR. J'o�Ruzick" Chai nan -, 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 13th day of January, 1998, by the following vote: AYES: COMMISSIONERS: Ruzicka, McManus, Goldenberg, Tye, Fong NOES: ABSENT: ti ABSTAIN: f ATTEST: J s DeStefano, Secretary a r, 7 St I ,4 PLANNING COMMISSION RESOLUTION NO. 98-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 97-9, A REQUEST TO ALLOW THE PLACEMENT OF A MODULAR BUILDING FOR CLASSROOM AND OFFICE USE. THE PROJECT SITE IS LOCATED AT 22601 SUNSET CROSSING ROAD. A. Recitals 1. The property owner, YMCA of Pomona Valley, and the applicant, Jerry White of the Walnut/Diamond Bar YMCA, have f iled an application for Development Review No. 979, located at 22601 Sunset Crossing Road, Diamond Bar, Los Angeles County, California, 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 organization of the State of California. On said date, pursuant to the requirements of the Calif orni'a 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. 3. Action was taken on the subject application as to its consistency with the 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 January 13, 1998 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily IDulletin newspapers on January 2, 1998. Fifty-seven property owners within a 500 -foot radius of the project site were notified by mail on December 23, 1997. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning commission of 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 determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act,(CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section' 15303 (c) of Article 19 of the California Codeof Regulations. 1 3. The Planning Commission hereby sp lecif ically f inds 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 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. 4. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project relates to a undeveloped, 1.7 acre site, located at 22601 sunset (b) The project site has a General Plan Land Use designation of Private Recreation (PR). It is zoned Manufacturing -Industrial Planned Zone (MPD) (c) Generally, the following zones surround the subject site: to the north, west and south is a MPD Zone and to the east is a Single Family Residential Minimum Lot Size 8,000 square feet(R-1-8,000) Zone. (d) The proposed Development Review is a request to allow the temporary placement of a 1,320 square foot modular building for classroom and office use. (e) The design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historical districts, theme area, specific plans, community plans, boulevards, or planned developments. The proposed project is consistent with the development standards of the Scientific Research and Development Zone (SR -D) under which it is permitted at this site in that the operations shall be conducted in a completely enclosed building, the ground floor areas of the structure shall not exceed 35% of the total parcel area, adequate parking will be provided and the appropriate setbacks are observed. (f) Approval of the design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed modular building shall be set back approximately 90 feet from the rear property line of the closest adjacent residential property, with a gravel access road acting as a buffer between the modular structure and the rear yard wall of the residence. The YMCA property is at the end of Sunset Crossing Road, with both the proposed site and the existing YMCA building accessed through the parking lot at the cul-de-sac end of Sunset Crossing Road. Therefore, the addition of the 1,320 square foot modular building will not, adversely impact existing traffic. (g) The architectural design of the proposed project is compatible . with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General.Plan. The modular building is of commercial design, compatible with the existing YMCA building. The addition of required landscaping and irrigation on the project site will ensure that the- modular building is compatible with the characteristics of the surrounding neighborhood. (h) The design of the proposed project 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. The exterior of the proposed modular building will be of a neutral color (white) which is durable and aesthetically pleasing and is expected to remain acceptable—'for the duration of the temporary three year use. Additionally, the proposed site will be landscaped in order to integrate the modular building into the site. (i) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project is an expansion of the existing YMCA site and as such will beneficially contribute to the public welfare by providing additional opportunities for community education and recreation. The design and locat -ion of the modular building will ensure that it will not be materially injurious to the properties or improvements in its 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 site plan labeled as Exhibit "A", dated January 13, 1998 as submitted and approved by the Planning Commission. (b) The subject 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 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. (c) Any exterior lighting added for this project shall be arranged so as to prevent glare or direct illumination in any residential zone on adjoining property and in a manner which will not cause a traffic hazard. (d) Prior to issuance of building permits, the applicant shall apply for and receive from the Public Works Division a new address for the proposed site. (e) The proposed modular building will require 10 regular parking spaces and one handicap van parking space on the proposed site. The parking lot shall be surfaced in asphalt or poured concrete. A solid masonry wall not less than 30 inches nor more than 42 inches in height shall be established parallel to and not nearer than five feet to the front lot line. The design and layout of the parking area shall be shown on a site plan and submitted to the Planning Division for review and approval prior to Building and Safety Division plan check. (f) The applicant shall submit a landscape/irrigation plan delineating the type, color, size, quantity and location of planting material for review and approval by the City. The landscaping/ irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy's issuance. (g) Plans submitted for Building and Safety Division plan check shall meet all "Ell occupancy requirements. The Building and safety Division has determined the maximum occupant load to be 47 persons. (h) Plans submitted for Building and Safety Division plan check shall conform to State and Local Building Codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code, Mechanical /code and 1993 edition of the National Electrical Code) as Well as the State Energy Code. (i) Plans submitted for Building and Safety Division plan check shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C". (j) All new handicapped parking shall comply to new State Handicapped Accessible Regulations and plans delineating the location of the ADA requirements shall be submitted for Planning Division review and approval before Building and Safety Division plan check. (1) Compliance for van parking shall be shown on plans. (2) Shortest accessible route to accessible entrance(s) shall be shown on plans. (k) Restrooms and main entrance shall be made accessible to persons with disabilities. (1) The Site Plan submitted for Building and Safety Division plan check shall show path of travel for persons with disabilities and shall comply with all ADA requirements. (m) Fire Department review and approval of plans for all "Ell occupancies shall be (n) Annual review of the site by the Building and Safety Division, conducted on or before the anniversary date of project approval, shall be required due to the temporary use. (o) The applicant shall comply with all requirements of the Planning and Zoning Division, Building and safety Division, Public works Division and Fire Department. (p) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (q) This grant for temporary, three year use 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. (r) 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 remit to the City, within five days of this grant's approval, a cashier's check 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 f iling fee imposed because the project has more than a -de minimis impact on f ish and wildlife, the applicant shall also pay to the Department of Fish and Game any such f ee and any fine which the Department determines to be owed. 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: Jerry White, Walnut/Diamond Bar YMCA, 22600 Sunset Crossing Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS THE 13TH DAY OF JANUARY, 1998 BY THE PLANNING COMMISSION OF THE Cl Y OF DIAMOND BAR. BY: Chai '—e evzi"% Ch 1 a n J1 4t, I 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 13th day of January, 1998, by the following vote: AYES: COMMISSIONERS: Ruzicka, McManus, Goldenberg, Tye, Fong NOES: ABSENT: ABS„ TAIN: ATTEST: J -m s DeStefanol Secretary