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HomeMy WebLinkAboutPC 99-04i T_ PLANNING COMMISSION RESOLUTION NO. 99-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 98-16 AND NEGATIVE DECLARATION NO. 98-6, A REQUEST TO CONSTRUCT A TWO-STORY, COMMERCIAL OFFICE BUILDING OF APPROXIMATELY 39,000 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1550 VALLEY VISTA DRIVE, (LOT 12, 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. 98-16 located at 1550 Valley Vista 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. Seven 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. „ 2. The Planning Commission hereby finds that the Initial r Study review and Negative Declaration No. 98-6 has been prepared by the City of Diamond Bar in compliance with b the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, 1 pursuant to Section 15070. Furthermore, Negative Declaration No. 98-6 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 "horse shoe" shaped vacant lot, approximately 2.48 acres with a 94,140 square foot (2.16 acre) graded pad, within a commercial business center identified as Gateway Corporate Center. (b) The project site has a General Plan land use 3 ' 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. 4F 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 0.36. (c) The project site is within the Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone. This zoning designation permits an general office uses as proposed. (d) Generally, the following zones use surround the project site: to the north is the C-M-BE-U/C Zones; to the south is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone; to the east is the C-M-BE-U/C and the R-1-8,000 Zones; and to the west is the SR 57 (Orange Freeway). (e) The proposed Development Review is a request to construct a_two-story, commercial office building of approximately 39,000 gross square feet (37,350 net square feet):to be utilized for general office. 2 I (f) The design and layout of the proposed development is consistent with the'pplicable 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 setback from Valley Vista Drive is 90 feet with a parking lot setback of 25 feet. The building setback from Bridge Gate Drive is 120 feet with a parking lot setback of 45 feet. These setbacks are appropriate in relation to the scale of the proposed building with its height of two-stories/32 feet and the street right-of-ways of 70 feet for Valley Vista and Bridge Gate Drives. 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 which permits 3 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';°ills!% 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- fir, 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 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 4 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 Gateway 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 k 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 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 and concrete tilt -up walls 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. 5 (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 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 material- ly 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. 0 --_ -- ___ ___�_�.�..__._-...m.w...m.,..,o.,,�,..,,......m�„_��:fi=u2-'Mw�•�3 ••.=..e-�-,..e «. .�:_� _-�b„du mnn.«inn..ma6,.�idbihdedm�—__._J. _-. .. 1__ _-__--____--'__-__ ._- 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 vY 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 shall 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; F 2. Modify the existing traffic signal accordingly; 3. Applicant shall install a five foot wide sidewalk along the subject property's frontage which does not currently 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 NPDE5 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 7 review and approval. Grading plan shall be signed/stamped by a civil engineer, geotechnical engineer and geologist. MIM (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. (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 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 four required handicap parking shall comply with the new State Handicapped Accessible Regulations. "r 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 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 0 8 + �_ - _ _�—�♦ _ .i��i=�.ev.x.a-.rvwuamarxiuiuww�wamu.�awi ve�+f-�,y=L4'�rX .;--c._F�-,raz;���„. _�..,. _'- ._�.i�-JI, x��ax ualii�I�iuiullwaW4FUk.�YIWWIM�. _- =J— _. _'__ __ _ — �.. __ _____` 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 I remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a t 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, and Opus West Corporation, 2030 Main Street, Irvine, CA 92614. E APPROVED AND ADOPTED THIS 26TH DAY OF JANUARY 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: U Joe McManus, Chaff rma`h 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 26th day of January 1999, by the following vote: AYES: McManus, Tye, Kuo, Nelson, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: James DeSte�ano, Secretary 10 PLANNING COMMISSION RESOLUTION NO. 99-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 98-16 AND NEGATIVE DECLARATION NO. 98-6, A REQUEST TO CONSTRUCT A TWO-STORY, COMMERCIAL OFFICE BUILDING OF APPROXIMATELY 39,000 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1550 VALLEY VISTA DRIVE, (LOT 12, 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. 98-16 located at 1550 Valley Vista 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. Seven 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. 2. The Planning Commission hereby finds that the Initial Study review -and Negative Declaration No. 98-6 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. 98-6 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 "horse shoe" shaped vacant lot, approximately 2.48 acres with a 94,140 square foot (2.16 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 0.36. (c) The project site is within the CommercialManufacturing-Billboard Exclusion - Unilateral Contract (C-M-BE-U/C) Zone. This zoning designation permits an general office uses as proposed. (d) Generally, the following zones use surround the project site: to the north is the C-M-BE-U/C Zones; to the south is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone; to the east is the C-M-BE- U/C and the R-1-8,000 Zones; and to the west is the SR 57 (Orange Freeway). (e) The proposed Development Review is a request to construct a,two-story, commercial office building of approximately -39,000 -gross square feet (37,350 net square feet),to be utilized for general office. kv-A-fA0 The design and layout of the proposed development is consistent with the'—.bL IicAble elements of the Cit Is general plan, design guidelines of the y 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 setback from Valley Vista Drive is 90 feet with a parking lot setback of 25 feet. The building setback from Bridge Gate Drive is 120 feet with a parking lot setback of 45 feet. These setbacks are appropriate in relation to the scale of the proposed building with its height of two-stories/32 feet and the street right-of-ways of 70 feet for Valley Vista and Bridge Gate Drives. 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 ExclusionUnilateral Contract (C-M-BE-U/C) Zone which permits 3 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 projecttraffic; improve LOS to and acceptable range; and mitigate the 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 Gateway 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 (0, 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 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. 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 and concrete tilt -up walls 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 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. 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 -R- egulations 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 shall 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 rightturn lanes; 3. Applicant shall install a five foot wide sidewalk along the subject property's frontage which does not currently 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. (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 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 four 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, 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: Z J o —e" M r-M,'(-)— oe McManus, Chairm 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 26th day of January 1999, by the following vote: AYES: McManus, Tye, Kuo, Nelson, Ruzicka NOES: None ra �yarrrnrr�laa ��ran�■rrr�1a_��r��r T41 C4-6:= James DeSte--ano, Secretary