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PLANNING COMMISSION
RESOLUTION NO. 99-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 98-15 AND NEGATIVE DECLARATION NO.
98-5, A REQUEST TO CONSTRUCT A TWO-STORY,
COMMERCIAL OFFICE BUILDING OF APPROXIMATELY
56,600 SQUARE FEET. THE PROJECT SITE IS
LOCATED AT 21810 E. COPLEY DRIVE, (LOT 22,
TRACT NO. 39679) DIAMOND BAR, CALIFORNIA.
A.RECITALS.
1.
The property owner, Diamond Bar Business Associates c/o
AEW Capital Management, LP and applicant, Opus West
Corporation have filed an application for Development
Review No. 98-15 located at 21810 E. Copley Drive,
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.
The Planning Commission of the City of Diamond Bar on
January 26, 1999 conducted a duly noticed public hearing
on the Application.
3.
Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on January 4, 1999, Six
property owners within a 300 foot radius of the project
site were notified by mail on December 30, 1998.
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, Part A, of
this Resolution are true and correct.
f 2. The Planning Commission hereby finds that the Initial
t Study review and Negative Declaration No. 98-5 has been
prepared by the City of Diamond Bar in compliance with
the requirements of the California Environmental Quality
Act of 1970 (CEQA) and guidelines promulgated thereunder,
1
pursuant to Section 15070. Furthermore, Negative
Declaration No. 98-5 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 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 on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant lot, approximately
6.47 acres, with a 139,781 square foot (3.21 acre)
graded pad, within a commercial business center
identified as Gateway Corporate Center.
(b) The project site has a General Plan land use
designation of Professional Office (OP). Pursuant
to the General Plan, this land use designation #
provides for the establishment of office -based
working environments for general., professional, and
administrative offices, as well as support uses.
Additionally, development within the OP designation
will maintain a floor area ratio (FAR) between 0.25
and 1.00. The proposed project maintains an FAR'of
0.20.
(c) The project site is within the Commercial -
Manufacturing -Billboard Exclusion -Unilateral
Contract (C-M-BE-U/C) Zone. This zoning designation
permits general office uses as proposed.
(d) Generally, the following zones surround the project
site: to the north is the Open Space (OS) and C-M-
BE-U/C Zones; to the south is the C-M-BE-U/C and
Single Family Residence -Minimum Lot Size 8,000
Square Feet (R-1-8,000) Zones; to the east is the C-
M-BE-U/C Zone; and to the west is the C-M-BE-U/C
Zone.
(e) The proposed Development Review is a request to
construct a two-story, commercial office building of0111
approximately 56,600 gross square feet (54,000 net
square feet) to be utilized for general office.
2
--
(f} The design and layout o.f_the' proposed development 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
�Ja historic districts, theme areas, specific plans,
community plans, boulevards, or planned
developments.
The proposed project provides for the establishment
of office -based working environment for general
offices within the General Plan's OP land use
designation. Pursuant to the General Plan, the
proposed project will yield a pleasant environment
for those working and visiting the office facility
through its exemplary design, use of materials and
colors, and landscaping which will offer a variety
of plant species. The building setbacks from Copley
Drive is 100 feet with the parking lot setback of 27
feet. These setbacks are appropriate in relation to
the scale of the proposed building with its height
of two-stories/42 feet and the street right-of-ways,
which are 84 feet for Copley Drive.
The General Plan suggests that walls be minimized
and utilized only for screening. Walls are not part
of the proposed project. Screening for mechanical
equipment is designed as part of the building with a
complementary material and painted to match the
building.
The proposed project's architectural style,
construction materials and colors are consistent and
compatible with the existing structures within
Gateway Corporate Center and has received the
Center's architectural committee's approval.
Therefore, 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 the City adopted
architectural criteria of the Unilateral Contract of
Gateway Corporate Center.
(g) The design and layout of the proposed development
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 general office building is within the
Commercial -Manufacturing -Billboard Exclusion -
Unilateral Contract (C-M-BE-U/C) Zone that permits
the purposed general office use. The proposed
project's site is within the established Gateway
Corporate Center which permits general office uses.
3
General office uses were originally reviewed and
approved for the Center. Additionally, the Center's
certified Environmental Impact Report reviewed
impacts related to traffic and pedestrians. As a
result,, the following traffic mitigation measures
were required and were installed.
1. Improve that portion of the proposed bikeway
along Golden Springs Drive fronting on Gateway
Corporate Center;
2. Golden Springs Drive shall be widened to -
provide left -turn pockets at both entrance
streets to the Center; and
3. Traffic signals shall be installed on Golden
Springs Drive, at the two entrance drives to
the Center.
Additionally, a traffic analysis and site plan
evaluation prepared by Linscott, Law and Greenspan,
dated January 5, 1999, recommends the following
improvements:
1. Re -stripe the northbound approach on Copley
Drive to provide one left -turn and dual right -
turn lanes; and
2. Modify the existing traffic signal accordingly.
The identified improvements, which will be.
conditions of approval, are expected to mitigate the
impact of future and background and/or project
traffic; improve LOS to and acceptable range; and
mitigate the significant impact of future
development (Lots 22, 12 and 15).
(h) 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 Development Review Ordinance No. 5
(1990), City Design Guidelines and the City's
General Plan.
Gateway Corporate Center and its Unilateral Contract
were originally reviewed and approved by Los Angeles
County. The Unilateral Contract sets forth land
restrictions/development standards. The development
standards require an architectural style that is
Modern/Contemporary with materials, textures and
colors that complement this style. As a result, the
City, upon incorporation adopted the Unilateral
Contact, thereby adopting the specified development
standards. However, the proposed project's t71il�
architectural style, Contemporary, construction .
materials and colors are consistent and compatible
with the Unilateral Contract and with the existing
4
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structures within Gafeway Corporate Center.
Furthermore the proposed project has received the
Center's architectural committee's approval.
The proposed architectural design is consistent with
the City's Development Review Ordinance in that the
project: minimizes grading effect by utilizing the
existing pad and preserving the slopes which
surround the project site ; maintains public health,
safety and general welfare by the installed traffic
mitigation measures and the issuance of City permits
and inspections; and has and orderly and harmonious
design and appearance of the proposed structure, the
parking area and landscaping.
As also referenced in Item 4 (f), the proposed
project's design is consistent with the applicable
elements of the General Plan. Therefore, the
proposed project is compatible with the character of
the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by the City's Development Review
Ordinance and General Plan.
(i) The design of the proposed development will provide
a desirable environment for its occupants and
visiting public as well as its neighbors through
-a good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will
retain a reasonably adequate level of maintenance.
As referenced in the above findings, the proposed
project's design is consistent with the applicable
elements of the General Plan through its exemplary
design, use of materials, colors and landscaping.
The proposed materials of glass, aluminum, stucco
I and steel are low maintenance and long lasting._ The
varieties of texture and color add to the design's
good aesthetics. Therefore, 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.
(j) The proposed development will not be detrimental to
public health, safety or welfare or materially
injurious to the properties or improvements in the
vicinity.
Before the issuance of any City permits, the
proposed project is required to comply with all
conditions within the approved resolution and the
i
5
Building and Safety Division, Public Works Division,
Health Department and Fire Department requirements.
The referenced agencies' involvement will ensure
that the proposed office facility 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 site
plan, grading plan, floor plan, elevations, final
landscape/irrigation plan, final exterior and
parking lot lighting plan/study and colors/materials
board collectively labeled as Exhibit "A" dated
January 26, 1999, 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 con-
struction, 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 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.
(c) Prior to the issuance of a building permit, the
applicant shall submit a final landscaping/
irrigation plan which delineates plant species,
size, quantity and location, for the City's review
and approval. The landscape/irrigation plan shall
comply with the City's established Water Efficient
Landscape Regulations and shall be plan checked
accordingly before the issuance of any City permits.
Additionally, non-invasive plant species shall be
utilized, thereby avoiding the degradation of the
natural open space slope on the project site.
(d) Prior to the issuance of a building permit, the
applicant shall submit an exterior lighting plan and
a parking lot lighting plan/study for the City's
review and approval.
R.
, -;� .r. .14.. � a... II - - I I ,
(e) The proposed project -hall comply with the City's
Trip Reduction and Travel Measures Ordinance. Prior
to final inspection or Certificate of Occupancy, the
applicant shall submit a congestion management plan
for the City's review and approval.
(g) Prior to the issuance of a building permit, the
applicant shall submit a final detail of the
trash/recycle bin enclosure for the City's review
and approval.
(h) Prior to final inspection/occupancy, the applicant
shall install the following improvements:
1. Re -stripe the northbound approach on Copley
Drive to provide one left -turn and dual right -
turn lanes;
2. Modify the existing traffic signal accordingly;
3. Install a five-foot wide sidewalk along the
remaining property frontage along Copley Drive
which currently does not have sidewalk. The
sidewalk is required to be installed south of
the existing parkway, five feet beyond the
existing curb in order to maintain consistency
with the pedestrian access within Gateway
Corporate Center; and
4. Appropriate driveway shall be installed and
j location delineated on the plans. Driveway
�,._. shall not exceed 15 percent.
Prior to the installation of the referenced
improvements, the applicant shall obtain an
encroachment permit from the Public Works Division.
(i) Before the issuance of a grading permit the
applicant shall submit an erosion control plan for
the City's review and approval. The erosion control
plan shall conform to NPDES standards and
incorporate the appropriate BMP's
(j) Before the issuance of a grading permit, a complete
grading plan shall be submitted in accordance with
the City's grading requirements for the City's
review and approval. Grading plan shall be
signed/stamped by a civil engineer, geotechnical
engineer and geologist.
(k) The complete grading plan shall delineate the
existing and proposed topography, finished surface,
finished grade, flow line, etc. and proper drainage
with details and sections.
7
(1) A soils report shall be required, incorporating the
scope of the proposed development in the review and
analysis. The soils report shall give appropriate
recommendations for the construction of the project.
Before the issuance of a grading permit, the soils
report shall be reviewed and a
p approved by the City.
(m) Applicant shall be responsible for sewer and storm
drain connections and shall ensure connection with
the L.A. County Department of Public Works for storm
drain and sewer lateral if there is none currently
available. Additionally, applicant shall pay the
County Sanitation District for connection fees.
(n) Applicant shall comply with all National Pollutant
Discharge Elimination System (NPDES) requirements
and shall obtain the necessary permits.
(o) All six required handicap parking shall comply with
the new State Handicapped Accessible Regulations.
Plans shall delineate path of travel, including
cross slope, a maximum two percent, for handicap
parking spaces to the building and compliance with
van parking. Additionally, all bathrooms and -ramps
shall be designed in compliance with State
Handicapped Accessible Regulations. Elevators shall
meet Chapter 30 of the 1994 Cal. U.B.C.
(p) Plan check submittal shall include irrigation plans.
(q) The applicant shall obtain the Los Angeles County
Eire Department's approval.
(r) Plans shall be engineered to meet wind loads of 80
m.p.h.
(s) The office building and parking garage -structure
shall comply with the 1994 U.B.C., U.P.C., U.M.C.
and the 1993 National Electric Code requirements.
(t) 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.
(u) This grant 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 Development
Department, their affidavit stating that they are,;,7�;
aware of and agree to accept all the conditions of
this grant. Further, this grant shall not be
8
— — — -- w-- di .,WuN ,uik.._ xr ., „U M. _ _ _ -,11 r M T,_--- . -- -
effective until the -permittee pays remaining City
processing fees.
(v) 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 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 deminimis 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.
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: Diamond Bar
Business Associates, c/o AEW Capital Management, LP,
601 S. Figueroa, #2150, Los Angeles, CA 90017-1 and
Opus West Corporation, 2030 Main Street, Irvine, CA
92614.
_a APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 1999, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
j BY: G
t J e McManus, Chairman
I, Ja DeStefano, Planning Commission Secretary, do hereby certify
that t e 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 26th day of January
1999, by the following vote:
AYES: McManus, Tye, Kuo, Nelson, Ruzicka
NOES: None
ABSENT: None
ABSTAIN: None
r ,
ATTEST:
"JamesSteano, Secretary
9
PLANNING COMMISSION
RESOLUTION NO. 99-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW
No. 98-15 AND NEGATIVE DECLARATION NO. 98-5, A
REQUEST TO CONSTRUCT A TWO-STORY, CCbMRCIAL
OFFICE BUILDING OF APPROXIbikTELY 56,600 SQUARE
FEET. THE PROJECT SITE IS LOCATED AT 21810 E. COPLEY
DRIVE, (LOT 22, TRACT NO. 39679) DIAMOND BAR,
CALIFORNIA.
A.RECITALS.
1. The property owner, Diamond Bar Business Associates c/o AEW Capital Management,
LP and applicant, Opus West Corporation have filed an application for Development
Review No. 98-15 located at 21810 E. Copley Drive, 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. The Planning -Commission of the City of Diamond Bar on January 26, 1999 conducted a
duly noticed public hearing on the Application.
3. Notification of the public hearing for this project has been made in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers on January 4, 1999, Six
property owners within a 300 foot radius of the project site were notified by mail on
December 30, 1998.
B.Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
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 review and Negative
Declaration No. 98-5 has been prepared by the City of Diamond Bar in compliance
with the requirements of the California Environmental Quality Act of 1970 (CEQA)
and guidelines promulgated thereunder,
pursuant to Section 15070. Furthermore, Negative Declaration No. 9898=5 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 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 on the findings and conclusions set forth herein, this Planning Commission
(a) The project relates to a vacant lot, approximately 6.47 acres, with a 139,781
square foot (3.21 acre) graded pad, within a commercial business center
identified as Gateway Corporate Center.
(b) The project site has a General Plan land use designation of Professional Office
(OP). Pursuant to the General Plan, this land use designation provides for
the establishment of office -based working environments for general-,
professional, and administrative offices, as well as support uses.
Additionally, development within the OP designation will maintain a floor
area ratio (FAR) between 0.25 and 1.00. The proposed project maintains an
FAR'of 0.20.
(c) The project site is within the CommercialManufacturing-Billboard Exclusion -
Unilateral Contract (C-M-BE-U/C) Zone. This zoning designation permits
general office uses as proposed.
(d) Generally, the following zones surround the project site: to the north is the Open
Space (OS) and C-MBE-U/C Zones; to the south is the C-M-BE-U/C and
Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000)
Zones; to the east is the CM-BE-U/C Zone; and to the west is the C-M-BE-
U/C Zone.
(e) The proposed Development Review is a request to construct a two-story, commercial
office building of approximately 56,600 gross square feet (54,000 net square feet) to
be utilized for general office.
The design and layout,.gfthe proposed development 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 historic districts, theme
areas, specific plans, community plans, boulevards, or planned
developments.
The proposed project provides for the establishment of office -based working
environment for general offices within the General Plan's OP land use
designation. Pursuant to the General Plan, the proposed project will yield a
pleasant environment for those working and visiting the office facility through
its exemplary design, use of materials and colors, and landscaping which will
offer a variety of plant species. The building setbacks from Copley Drive is
100 feet with the parking lot setback of 27 feet. These setbacks are
appropriate in relation to the scale of the proposed building with its height of
two-stories/42 feet and the street right-of-ways, which are 84 feet for Copley
Drive.
The General Plan suggests that walls be minimized and utilized only for
screening. Walls are not part of the proposed project. Screening for
mechanical equipment is designed as part of the building with a
complementary material and painted to match the building.
The proposed project's architectural style, construction materials and colors
are consistent and compatible with the existing structures within Gateway
Corporate Center and has received the Center's architectural committee's
approval. Therefore, 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 the City adopted architectural
criteria of the Unilateral Contract of Gateway Corporate Center.
(g) The design and layout of the proposed development 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 general office building is within the Commercial -
Manufacturing -Billboard Exclusion Unilateral Contract (C-M-BE-U/C) Zone
that permits the purposed general office use. The proposed project's site is
within the established Gateway Corporate Center which permits general
office uses.
General office uses were originally reviewed and approved for the Center.
Additionally, the Center's certified Environmental Impact Report reviewed
impacts related to traffic and pedestrians. As a result„ the following traffic
mitigation measures were required and were installed.
1. Improve that portion of the proposed bikeway along Golden Springs Drive
fronting on Gateway Corporate Center;
2. Golden Springs Drive shall be widened to provide left -turn pockets at both
entrance streets to the Center; and
3. Traffic signals shall be installed on Golden Springs Drive, at the two entrance
drives to the Center.
Additionally, a traffic analysis and site plan evaluation prepared by Linscott,
Law and Greenspan, dated January 5, 1999, recommends the following
improvements:
1. Re -stripe the northbound approach on Copley Drive to provide one left -
turn and dual rightturn lanes; and
2. Modify the existing traffic signal accordingly.
The identified improvements, which will be conditions of approval, are
expected to mitigate the impact of future and background and/or project
traffic; improve LOS to and acceptable range; and mitigate the significant
impact of future development (Lots 22, 12 and 15).
(h) 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 Development
Review Ordinance No. 5 (1990), City Design Guidelines and the City's
General Plan.
Gateway Corporate Center and its Unilateral Contract were originally
reviewed and approved by Los Angeles County. The Unilateral Contract sets
forth land
restrictions/development standards. The development standards require an
architectural style that is Modern/Contemporary with materials, textures and
colors that complement this style. As a result, the City, upon incorporation
adopted the Unilateral Contact, thereby adopting the specified development
standards. However, the proposed project's architectural style,
Contemporary, construction materials and colors are consistent and
compatible with the Unilateral Contract and with the existing
structures within Gaf4tMy Corporate Center. Furthermore the proposed
project has received the Center's architectural committee's approval.
The proposed architectural design is consistent with the City's Development
Review Ordinance in that the project: minimizes grading effect by utilizing the
existing pad and preserving the slopes which
surround the project site ; maintains public health,safety and general welfare
by the installed traffic mitigation measures and the issuance of City permits
and inspections; and has and orderly and harmonious design and
appearance of the proposed structure, the parking area and landscaping.
As also referenced in Item 4 (f), the proposed project's design is consistent
with the applicable elements of the General Plan. Therefore, the proposed
project is compatible with the character of the surrounding neighborhood and
will maintain the harmonious, orderly and attractive development
contemplated by the City's Development Review Ordinance and General
Plan.
The design of the proposed development will provide
a desirable environment for its occupants andvisiting 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.
As referenced in the above findings, the proposed project's design is
consistent with the applicable elements of the General Plan through its
exemplary design, use of materials, colors and landscaping. The proposed
materials of glass, aluminum, stucco and steel are low maintenance and long
lasting- The varieties of texture and color add to the design's good
aesthetics. Therefore, 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.
Q) The proposed development will not be detrimental to public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
Before the issuance of any City permits, the proposed project is required to comply with all
conditions within the approved resolution and the 5
Building and Safety Division, Public Works Division,
Health Department and Fire Department requirements. The referenced
agencies' involvement will ensure that the proposed office facility 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 site plan, grading plan, floor plan,
elevations, final landscape/irrigation plan, final exterior and parking lot
lighting plan/study and colors/materials board collectively labeled as Exhibit
"A" dated January 26, 1999, 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 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.
(c) Prior to the issuance of a building permit, the applicant shall submit a final
landscaping/ irrigation plan which delineates plant species, size, quantity and
location, for the City's review and approval. The landscape/irrigation plan
shall comply with the City's established Water Efficient Landscape
Regulations and shall be plan checked accordingly before the issuance of
any City permits. Additionally, non-invasive plant species shall be utilized,
thereby avoiding the degradation of the natural open space slope on the
project site.
(d) Prior to the issuance of a building permit, the applicant shall submit an exterior
lighting plan and a parking lot lighting plan/study for the City's review and
approval.
(e) The proposed project'16hall comply with the City's Trip Reduction and Travel
Measures Ordinance. Prior to final inspection or Certificate of Occupancy,
the applicant shall submit a congestion management plan for the City's
review and approval.
(g) Prior to the issuance of a building permit, the applicant shall submit a final detail
of the trash/recycle bin enclosure for the City's review and approval.
(h) Prior to final inspection/occupancy, the applicant shall install the following
1. Re -stripe the northbound approach on Copley Drive to provide one left -
turn and dual rightturn lanes;
2. Modify the existing traffic signal accordingly; 3. Install a five-foot wide sidewalk
along the remaining property frontage along Copley Drive which currently
does not have sidewalk. The sidewalk is required to be installed south of the
existing parkway, five feet beyond the existing curb in order to maintain
consistency with the pedestrian access within Gateway Corporate Center;
and
4. Appropriate driveway shall be installed and location delineated on the
plans. Driveway shall not exceed 15 percent.
Prior to the installation of the referenced improvements, the applicant shall obtain
an encroachment permit from the Public Works Division.
(i) Before the issuance of a grading permit the applicant shall submit an erosion
control plan for the City's review and approval. The erosion control plan shall
conform to NPDES standards and incorporate the appropriate BMP's
Q) Before the issuance of a grading permit, a complete grading plan shall be
submitted in accordance with the City's grading requirements for the City's
review and approval. Grading plan shall be signed/stamped by a civil engineer,
geotechnical engineer and geologist.
(k) The complete grading plan shall delineate the existing and proposed
topography, finished surface, finished grade, flow line, etc. and proper
drainage with details and sections.
A soils report shall be required, incorporating the scope of the proposed
development in the review and analysis. The soils report shall give
appropriate recommendations for the construction of the project.
Before the issuance of a grading permit, the soils report shall be reviewed
and approved by the City.
Applicant shall be responsible for sewer and storm drain connections and
shall ensure connection with the L.A. County Department of Public Works for
storm drain and sewer lateral if there is none currently available. Additionally,
applicant shall pay the County Sanitation District for connection fees.
(n) Applicant shall comply with all National Pollutant Discharge Elimination
System (NPDES) requirements and shall obtain the necessary permits.
(o) All six required handicap parking shall comply with the new State Handicapped
Accessible Regulations. Plans shall delineate path of travel, including cross
slope, a maximum two percent, for handicap parking spaces to the building
and compliance with van parking. Additionally all bathrooms and -ramps shall
be designed in compliance with State Handicapped Accessible Regulations.
Elevators shall meet Chapter 30 of the 1994 Cal. U.B.C.
(p) Plan check submittal shall include irrigation plans.
(q) The applicant shall obtain the Los Angeles County Fire Department's
(r) Plans shall be engineered to meet wind loads of 80 m.p.h.
(s) The office building and parking garage'structure— shall comply with the
1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code
(t) 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.
(u) This grant 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 Development 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.
(v) 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 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 deminimis 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.
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:
Diamond Bar Business Associates, c/o AEW Capital Management, LP, 601
S. Figueroa, #2150, Los Angeles, CA 90017-1 and Opus West Corporation,
2030 Main Street, Irvine, CA 92614.
APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: . J 11K
J e McManus, Chairman J e M
ford s DeS e fanl
I, Ja DeStefano, Planning Commission Secretary, do hereby certify t —e Go in,
AYES: McManus, Tye, Kuo, Nelson, Ruzicka
NOES: None
ABSENT: None
ABSTAIN: None ATTEST:
James DeSte—ano,
Secretary
9