HomeMy WebLinkAboutPC 99-08J�iu{.i iJxlk4uJuNl �,uFr•I,aYIWkiNno o--...� ..�.... I._..i F vl,.-n
PLANNING COMMISSION
RESOLUTION NO. 99-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 98-13 (1) AND ADDENDUM TO NEGATIVE
DECLARATION NO. 98-4, A REQUEST TO ADD TWO
LEVEL TO AN APPROVED PARKING STRUCTURE, THEREBY
CREATING A FOUR -LEVEL PARKING STRUCTURE. THE
PROJECT SITE IS LOCATED AT 21950 E. COPLEY
DRIVE, (LOT 23, 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 revisions to
approved Development Review No. 98-13 (1) and Negative
Declaration No. 98-4 for a property located at 21950 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 and Negative Declaration shall be
referred to as the "Application".
2. The Planning Commission on November 24, 1998 approved
Development Review No. 98-13. This approval entitled the
applicant to construct a three-story office building of
approximately 73,000 square feet with a two-level parking
structure. The revision application proposes to add two
levels to the parking structure, thereby creating a four -
level parking structure. The proposed revision does not
effect the approved 'office building or the location of
the parking structure.
3. The City Council of the City of Diamond Bar adopted
Ordinance No. 14 (1989), thereby adopting the Los Angeles
County Code as the ordinances of the City of Diamond Bar.
On December 3, 1998, the City of Diamond Bar's newly
adopted Development Code became effective. This
application was deemed complete for processing on
February 12, 1999. As a result, the application was
processed under the City of Diamond Bar's newly adopted
Development Code.
1
4. The Planning Commission of the City of Diamond Bar on
March 9, 1999 conducted a duly noticed public hearing on
the Application.
I+C
5. Notification of the public hearing for this project was
provided in the San Gabriel Valley Tribune and Inlandi.'�'���'�s
Valley Daily Bulletin newspapers on February 24, 1999.
Public hearing notices were mailed to approximately 26
property owners of record within a 500 -foot radius of the,
project on February 19, 1999. Furthermore, the project
site was posted with a display board on February 24,
1999.
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. Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has determined
that a Negative Declaration is required for this project.
According to CEQA Section 15070, Negative Declaration No.
98-4 was prepared and adopted by the Planning Commission
on November 24, 1998. Pursuant to CEQA Section 15164,
and Addendum to adopt Negative Declaration No. 98-4 was
prepared. The Planning Commission hereby finds that the
Initial Study review and Addendum to Negative Declaration
No. 98-4 have 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. Furthermore, the Addendum to
Negative Declaration No. 98-4 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:
2
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(a) The project relates toy>vacant, 9.067 -acre lot with a
163,738 square foot (3.79 acre) graded pad, within a
commercial business center identified as Gateway
Corporate Center.
"..r' (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.
(c) The project site is within the Commercial -
Manufacturing -Billboard Exclusion -Unilateral
Contract (C-M-BE-U/C) one. This zoning designation
permits general office uses with parking structures
as proposed.
(d) Generally, the following zones surround the project
site: to the north is the Open Space (OS) Zone; to
the south, east and west is the C-M-BE-U/C Zone.
(e) The application is a request to revise the original
approval pursuant to Code Section 22.48.020 in order
to permit a four -level parking structure.
P (f) The design and layout of the proposed development is
consistent with the applicable elements of the
City's General Plan and Design Guidelines.
The November 24, 1998 Planning Commission approval
allows the construction of a three-story office
building of approximately 73,000 square feet with a
two-level parking structure. At that time, it was
established that the project was consistent with the
applicable elements of the City's General Plan and
Design Guidelines. The proposed revision to add two
levels to the parking structure, thereby creating a
four-level.parking structure is still consistent
with the General Plan and its objective to provide
adequate parking for all types of land uses within
the City of Diamond Bar. The proposed revision is
consistent with the Design Guidelines adopted by the
Unilateral Contract of the Gateway Corporate Center
and has received their architectural committee's
approval. The parking structure is consistent with
the City's Design Guidelines in that: the parking
ingress and egress does not interfere with street or
pedestrian movement; architectural style (i.e.
reveal patter) will be consistent with the
architectural style of the approved office building;
and location, landscaping and the up slope adjacent
3
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to the parking structure will assist in screening
the structure from public view.
(g) The design and layout of the proposed development
will not unreasonably interfere with the use and ''F-!`,�
enjoyment of neighboring existing or future
development and will not create traffic or
pedestrian hazards.
These issues were addressed in the November 24, 1998
approved Planning Commission Resolution No. 98-22.
All recommended traffic mitigation measures still
apply. After the review of the City's Traffic
Engineer and the Public Works Division, it is
anticipated that 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.
(h) The architectural design of the proposed development
as conditioned will be compatible with the character
of the surrounding neighborhood and will maintain
the harmonious, orderly and attractive development
contemplated by Chapter 22.48.20. Development Review
standards, City Design Guidelines and the City's
General Plan.
As also referenced in Item 4. (h) below, the
proposed revision will still be consistent with the
architectural design, material, and color of the
approved office building. Therefore, the proposed
revision will be 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
revision 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. 01
4
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(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 revision 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 revision is not detrimental to the
public health, safety or welfare or material-ly
injurious to the properties or improvements in the
vicinity.
(k) The proposed project will be in substantial
compliance with the adopted Economic Revitalization
Area.
The proposed project is located within the Economic
Revitalization Area. The proposed project is
consistent with the Economic Revitalization Area
Plan in that the proposed project: implements the
applicable policies as present in the City's General
Plan and complies with development limits and
standards established by the City's Development
Code.
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, each parking levels' floor plan and elevations
collectively labeled as Exhibit "A" dated March 9
1999, as submitted and approved by the Planning
Commission, as amended herein.
(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
5
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) All conditions of approval specified within Planning
Commission Resolution No. 98-22, adopted November
24, 1998, shall remain in full force and effect.
(d) Before the issuance of any City permits, the
applicant shall submit revised elevations of the
parking structure delineating the same reveal
pattern as the approved office building for the
City's review and approval.
(e) Before the issuance of any City permits, the
applicant shall submit a lighting plan/study for the
parking structure for the City's review and
approval.
(f) The parking structure shall comply with the 1994
Uniform Building Code, Uniform Plumbing Code,
Uniform Mechanical Code and the 1993 National
Electrical Code requirements.
(g) The parking structure and parking shall comply with
all State Handicapped Accessible Regulations.
(h) Pursuant to the Building and Safety Division
requirements, the applicant shall provide
construction fencing surrounding the boundaries of
the project site.
(i) The parking structure shall comply with Los Angeles
County Fire Department requirements.
(j) This grant is valid until November 24, 2000 and
shall be exercised (i.e. construction started)
within that period or this grant shall expire. A
one-year extension of time may be approved when
submitted to the City in writing at least 60 days
prior to the expiration date. The Planning
Commission will consider the extension request at a
duly noticed public hearing in accordance with
Chapter 22.72 of the City of Diamond Bar Development
Code.
(k) 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 and Development
Services Department, their affidavit stating that
they are aware of and agree to accept all the
0
conditions of this gfan"t. Further, this grant shall
not be effective until the permittee pays remaining
-, City processing fees, school fees and fees for the
review of submitted reports.
(1) 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
C 92614.
APPROVED AND ADOPTED THIS 9TH OF MARCH 1999, BY THE
PLANNING'COMMI N OF THE CITY OF DIAMOND BAR.
i
f BY:
Steve Tye, Ch irman
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 9th day of March 1999,
by the following vote:
AYES: Tye, Nelson, McManus, Ruzicka, Kue
NOES: None
ABSENT: None
ABSTAIN: None
t
�ATTEST: � �%
James DeStefano, Secretary
I
7
PLANNING COMMISSION
RESOLUTION NO. 99-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPHENT REVIEW
NO. 98-13 (1) AND ADDENDUM TO NEGATIVE DECLARATION
NO. 98-4, A REQUEST TO ADD TWO LEVEL TO AN APPROVED
PARKING STRUCTURE, THEREBY CREATING A FOUR -LEVEL
PARKING STRUCTURE. THE PROJECT SITE IS LOCATED AT
21950 E. COPLEY DRIVE, (LOT 23, 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 revisions to
approved Development Review No. 98-13 (1) and Negative Declaration No. 98-4
for a property located at 21950 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 and Negative Declaration shall
be referred to as the "Application".
2. The Planning Commission on November 24, 1998 approved Development Review No.
98-13. This approval entitled the applicant to construct a three-story office building
of approximately 73,000 square feet with a two-level parking structure. The revision
application proposes to add two levels to the parking structure, thereby creating a
fourlevel parking structure. The proposed revision does not effect the approved
office building or the location of the parking structure.
3. The City Council of the City of Diamond Bar adopted Ordinance No. 14 (1989), thereby
adopting the Los Angeles County Code as the ordinances of the City of Diamond
Bar. On December 3, 1998, the City of Diamond Bar's newly adopted Development
Code became effective. This application was deemed complete for processing on
February 12, 1999. As a result, the application was processed under the City of
Diamond Bar's newly adopted Development Code.
4. The Planning Commission of the City of Diamond Bar on March 9, 1999 conducted a
duly noticed public hearing on the Application.
5. Notification of the public hearing for this project was provided in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers on February 24, 1999. Public
hearing notices were mailed to approximately 26 property owners of record within a
500 -foot radius of the project on February 19, 1999. Furthermore, the project site was
posted with a display board on February 24, 1999.
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.
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City
has determined that a Negative Declaration is required for this project. According to
CEQA Section 15070, Negative Declaration No. 98-4 was prepared and adopted by
the Planning Commission on November 24, 1998. Pursuant to CEQA Section
15164, and Addendum to adopt Negative Declaration No. 98-4 was prepared. The
Planning Commission hereby finds that the Initial Study review and Addendum to
Negative Declaration No. 98-4 have 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. Furthermore, the Addendum
to Negative Declaration No. 98-4 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-ftvacant, 9.067 -acre lot with a 163,738 square foot (3.79
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.
(c) The project site is within the CommercialManufacturing-Billboard Exclusion -
Unilateral Contract (C-M-BE-U/C) one. This zoning designation permits
general office uses with parking structures as proposed.
(d) Generally, the following zones surround the project site: to the north is the
Open Space (OS) Zone; to the south, east and west is the C-M-BE-U/C
(e) The application is a request to revise the original approval pursuant to Code
Section 22.48.020 in order to permit a four -level parking structure.
(f) The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan and Design Guidelines.
The November 24, 1998 Planning Commission approval allows the construction of
a three-story office building of approximately 73,000 square feet with a two-
level parking structure. At that time, it was established that the project was
consistent with the applicable elements of the City's General Plan and
Design Guidelines. The proposed revision to add two levels to the parking
structure, thereby creating a four-level.parking structure is still consistent
with the General Plan and its objective to provide adequate parking for all
types of land uses within the City of Diamond Bar. The proposed revision is
consistent with the Design Guidelines adopted by the Unilateral Contract of
the Gateway Corporate Center and has received their architectural
committee's approval. The parking structure is consistent with the CityFs
Design Guidelines in that: the parking ingress and egress does not interfere
with street or pedestrian movement; architectural style (i.e. reveal patter) will
be consistent with the architectural style of the approved office building; and
location, landscaping and the up slope adjacent
to the parking structure will assist in screening the structure from public
view.
(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.
These issues were addressed in the November 24, 1998 approved Planning
Commission Resolution No. 98-2Z. All recommended traffic mitigation
measures still apply. After the review of the City's Traffic Engineer and the
Public Works Division, it is anticipated that 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.
(h) The architectural design of the proposed development as conditioned will be
compatible with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development contemplated
by Chapter 22.48.20. Development Review standards, City Design
Guidelines and the City's General Plan.
As also referenced in Item 4. (h) below, the proposed revision will still be
consistent with the architectural design, material, and color of the approved
office building. Therefore, the proposed revision will be 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 revision 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.
i" t' will not be detrimental to (j) The
proposed developmen
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 revision 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 revision is not detrimental to the public health, safety or
welfare or material-ly injurious to the properties or improvements in the
vicinity.
(k) The proposed project will be in substantial compliance with the adopted
Economic Revitalization Area.
The proposed project is located within the Economic Revitalization Area. The
proposed project is consistent with the Economic Revitalization Area Plan in
that the proposed project: implements the applicable policies as present in
the City's General Plan and complies with development limits and standards
established by the City's Development Code.
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, each parking levels' floor
plan and elevations collectively labeled as Exhibit "A" dated March 9 1999,
as submitted and approved by the Planning Commission, as amended
herein.
(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) All conditions of approval specified within Plannin Commission Resolution No. 98-22,
adopted November 24, 1998, shall remain in full force and effect.
(d) Before the issuance of any City permits, the applicant shall submit revised
elevations of the parking structure delineating the same reveal pattern
as the approved office building for the City's review and approval.
(e) Before the issuance of any City permits, the applicant shall submit a lighting
plan/study for the parking structure for the City's review and approval.
(f) The parking structure shall comply with the 1994 Uniform Building Code,
Uniform Plumbing Code, Uniform Mechanical Code and the 1993
National Electrical Code requirements.
(g) The parking structure and parking shall comply with all State Handicapped
(h) Pursuant to the Building and Safety Division requirements, the applicant shall
provide construction fencing surrounding the boundaries of the project
site.
(i) The parking structure shall comply with Los Angeles County Fire Department
Q) This grant is valid until November 24, 2000 and shall be exercised (i.e.
construction started) within that period or this grant shall expire. A one-year
extension of time may be approved whefi submitted to the City in writing at
least 60 days prior to the expiration date. The Planning Commission will
consider the extension request at a duly noticed public hearing in
accordance with Chapter 22.72 of the City of Diamond Bar Development
Code.
(k) 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
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
pprmittee pays remaining City processing fees, school fees and fees for the
review of submitted reports.
(1) 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 9TH OF MARCH 1999, BY THE PLANNING-
COMM15&1-PN OF THE CITY OF DIAMOND BAR.
BY: Steve Tye
C irman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a
regular meeting of the Planning Commission held on the 9th day of March 1999, by the following vote:
AYES: Tye, Nelson, McManus, Ruzicka, Kue NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Jjames DeStefano, Secretary