HomeMy WebLinkAboutPC 99-10PLANNING COMMISSION
RESOLUTION NO. 99-10
} A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 98-15(1), VARIANCE NO. 99-1 AND
ADDENDUM TO NEGATIVE DECLARATION NO. 98-5, A
REQUEST TO CONSTRUCT CRIB TYPE RETAINING WALLS
WITH A 13 -FOOT MAXIMUM HEIGHT. 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 to revise approved
Development Review No. 98-15 and Negative Declaration
No. 98-5 for a property located at 21810 E. Copley Drive,
Diamond Bar, Los Angeles County, California, as described
above in the title of this Resolution. The application
also includes Variance No. 99-1. Hereinafter in this
Resolution, the subject Development Review, Variance and
Addendum to the Negative Declaration shall be referred to
as the "Application".
2. The Planning Commission of the City of Diamond Bar on
April 13, 1999, conducted a duly noticed public hearing
on the Application.
3. Notification of the public hearing for this projectwas
provided in the San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on March 24, 1999.
Eighteen property owners within a 700 -foot radius of the
project site were notified by mail on March 23, 1999.
Furthermore, the project site was posted with a display
board on March 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.
1
According to CEQA Section 15070, Negative Declaration No.
98-5 was prepared and adopted by the Planning Commission
on January 26, 1999. Pursuant to CEQA Section 15164, an
Addendum to adopted Negative Declaration No. 98-5 was
prepared. The Planning Commission hereby finds that the affil'
Initial Study review and Addendum to 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. Furthermore, the Addendum to
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.
(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 with additional parking
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 „iGa
Single Family Residence -Minimum Lot Size 8,000
2
Square Feet (R-1-&,000) Zones; and to the east and
west is the C-M-BE-U/C Zone.
(e) The proposed Application is a request to construct
crib type retaining walls. The retaining walls will
generally be located at the west, south and east
toes of slopes. At the south toe of slope two
retaining walls are proposed with a 27 -foot
separation providing a pad area with 12 compact
parking spaces. The crib type retaining walls vary
in height from 0.50 feet to approximately 13 feet.
The retaining walls' purpose is to expand the
buildable in order to provide additional parking
spaces.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is
consistent with the General Plan, development
standards of the applicable district, design
guidelines, and any architectural criteria for
specialized area (e.g., theme areas, specific plans,
community plans, boulevards, or planned
developments).
The design and layout of the proposed crib type
retaining walls is consistent with the General Plan
and City Design Guidelines in that this type of wall
_ system helps protect the visual character and
quality of the slopes at the project site. In
addition, the wall cells will be planted with
vegetation that is compatible with the existing
slope vegetation. Furthermore, Gateway Corporate
Center's architectural committee has approved the
walls. With the Variance approval, t1le retaining
walls will be consistent with the development
standards of the applicable district.
(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 crib type retaining walls will be
utilized to expand the buildable pad in order to
provide 66 additional parking then was previously
approved. The retaining walls' designed will conform
to the slopes' angle; thereby preserving the
remaining slopes in a natural state. The crib type
retaining walls have cells, which will be planted
with vegetation compatible with the existing
vegetation on the slopes. With the maturity of the
3
new vegetation, the retaining walls will recede into
the slopes. As such, the retaining wall will not
unreasonably interfere with the use and enjoyment of
the neighboring or future. Furthermore, the
expansion of the parking has been reviewed by the HI'i
City's Public Works Division and is not expected to
create traffic or pedestrian hazards.
(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 22.48, the City's General Plan, City Design
Guidelines, or any applicable specific plan.
As referenced in Items (f), (g) and (h) above, the
design of the proposed crib type retaining walls is
compatible with the character of the surrounding
neighborhood and will maintain the harmonious,
orderly and attractive development contemplated by
Chapter 22.48, the City's General Plan, City Design
Guidelines, or any applicable specific 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.
As referenced in Items (f), (g) and (h) above, the
proposed crib type retaining walls will provide a
desirable environment for its occupants and visiting
public as well as its neighbors.
(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 crib type retaining walls are required to
comply with all conditions within the approved
resolution and the Public Works Division's
requirements. The Public Works Division's
involvement through soils report review and
approval, inspections and the certification of the
walls' construction will ensure that the proposed
walls are not detrimental to the public health,
safety or welfare or materially injurious to the
properties or improvements in the vicinity.
4
VARIANCE
f (k) There are special circumstances applicable to the
property (e.g., location, shape, size, surroundings,
topography, or other conditions), so that the strict
application of the City's Development Code denies
the property owner privileges enjoyed by other
property owners in the vicinity and under identical
zoning districts or creates an unnecessary and non -
self created, hardship or unreasonable regulation
which makes it obviously impractical to require
compliance with the development standards.
Pursuant to Code Section 22.20.040, the maximum
height for retaining walls is six feet measured from
the finished grade at the base of the wall. The
Director may approve an additional height up to one
foot in consideration of varying topography.
Retaining walls exceeding this height require a
Variance approval. The grading plan indicates that
the crib retaining walls vary in height from 0.50
feet to approximately 12.30 feet with an average
height of 8.00 feet. If the proposed retaining
walls were constructed from concrete block, the
maximum height would be about 10 feet. The crib
retaining walls will be cutting into the slope,
expanding the buildable pad, in order to allow
additional parking stalls.
The project site is approximately 6.47 acres with an
existing graded pad of 3.21 acres (139,781 square
feet). The pad size is approximately one-half of the
site's total acreage. The original Planning
Commission approval permitted a two-story 56,600
square foot office building with a footprint of
approximately 28,300 square feet. The project's
floor area ratio (FAR) is .20. However, the General
Plan allows a maximum FAR of 1.00. The Gateway
Corporate Center's design standards allows an FAR of
0.50. If the project was built at the allowed 0.50
FAR as all other lots within the center, due to the
site's sloping topography, adequate parking spaces
could not be provided. Most of the recently
approved projects in the Center have provided more
than adequate parking spaces. Therefore, due to the
site sloping topography, which consists of one-half
of the site, the retaining walls, in the height
requested, are needed to provide additional parking
ensuring that enough parking is provided on site.
- Additionally, due to the topography constraints of
all the parcels within Gateway Corporate Center,
5
reciprocal/shared parking agreements are not
practical. Furthermore, street parking is not
permitted.
(1) Granting the Variance is necessary for the
preservation and enjoyment of substantial property
rights possessed by other property owners in the
same vicinity and zoning districts and denied to the
property owner for which the Variance is sought.
As state above in Item (k), the granting of the
Variance will allow the applicant to provide
additional on-site parking, as other projects within
the Center have been able to provide.
(m) Granting the Variance is consistent with the General
Plan and any applicable specific plan.
The proposed crib type retaining walls are
consistent with the General Plan in that this type
of wall system helps protect the visual character
and quality of the slopes at the project site. In
addition, the wall cells will be planted with
vegetation that is compatible with.the existing -
slope vegetation, thereby blending the walls into
the slopes. Therefore, granting the Variance is
consistent with the General Plan. The project site
is not within a specific plan area.
(n) The proposed entitlement would not be detrimental to
the public interest, health, safety, convenience, or
welfare of the City.
Before the issuance of any City permits, the
proposed crib type retaining walls are required -to
comply with all conditions within the approved
resolution and the Public Works Division's
requirements. The Public Works Division's
involvement through soils report review and
approval, inspections and the certification of the
walls' construction will ensure that the proposed
walls are not detrimental to the public interest,
health, safety, convenience, or welfare of the City.
(o) The proposed entitlement has been reviewed in
compliance with the provisions of the California
Environmental Quality Act (CEQA).
Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has
determined that an addendum to the previously {..
approved Negative Declaration is required for this
project. Negative Declaration No. 98-5 was adopted
Q
on January 26, 1999., -Pursuant CEQA Section 15164,
an addendum to adopted Negative Declaration No. 96-5
has been prepared for the crib type retaining walls.
No further public review is required.
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, elevations, plant list, and
final landscape/irrigation plan collectively labeled
as Exhibit "A" dated April 13, 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) 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) The applicant shall replace the 10 existing
eucalyptus trees on the slope along the west
property line at a 2:1 ratio. The Planning Division
shall approve the replacement trees' species, size
and location. Additionally, the trees shall be a
native species.
(e) A soils report shall be required, incorporating the
scope of the proposed crib type retaining walls in
7
the review and analysis. The soils report shall
give appropriate recommendations for the
construction of the walls. Before the issuance of a
grading permit, the soils report and the required
retaining wall calculations shall be reviewed and �;�'�'
approved by the City.
(f) To maintain the structural integrity of the proposed
crib type retaining walls, the soils engineer of
record shall certify all the necessary inspection
work for such walls. The proposed crib type
retaining walls shall be constructed in accordance
with the approved specifications. The soils
engineer of record shall be fully responsible during
each and all phases of the construction.
(g) All conditions of approval in Planning Commission
Resolution No. 99-03, adopted on January 26, 1999,
shall remain in full force and effect.
(h) 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 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 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-.
(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 13TH DAY OF APRIL 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
x
BY:
�Sr
teve Tye, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify
that the foregoing Resolution was duly introduced, passed, and adopted
tv by the Planning Commission of the City of Diamond Bar, at a regular
meeting of the Planning Commission held on the 13th day of April 1999,
by the following vote:
AYES: Tye, Nelson, Ruzicka, McManus, Kuo
NOES: None
r .
ABSENT: None
ABSTAIN: None
ATTEST:
J es DeStefa.po, Secretary
9
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIA14OND BAR APPROVING DEVELOPMENT REVIEW
NO. 98-15 (1), VARIANCE NO. 99-1 AND ADDENDUM TO
NEGATIVE DECLARATION NO. 98-5, A REQUEST TO
CONSTRUCT CRIB TYPE RETAINING WALLS WITH A 13 -FOOT
MAXIMUM HEIGHT. THE PROJECT SITE IS LOCATED AT 21810
E. COPLEY DRIVE, (LOT 22, TRACT NO. 39679) DIAMOND BAR,
A.RECITALS.
The property owner, Diamond Bar Business Associates
c/o AEW Capital Management, LP and applicant, Opus'West Corporation have filed
an application to revise approved Development Review No. 98-15 and Negative
Declaration No. 98-5 for a property located at 21810 E. Copley Drive, Diamond Bar,
Los Angeles County, California, as described above in the title of this Resolution.
The application also includes Variance No. 99-1. Hereinafter in this Resolution, the
subject Development Review, Variance and Addendum to the Negative Declaration
shall be referred to as the "Application".
2. The Planning Commission of the City of Diamond Bar on April 13, 1999, conducted a
duly noticed public hearing on the Application.
3. Notification of the public hearing for this project -was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers on March 24, 1999. Eighteen property owners within a 700 -foot radius
of the project site were notified by mail on March 23, 1999. Furthermore, the project
site was posted with a display board on March 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.
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. 98-5 was prepared
and adopted by the Planning Commission. on January 26, 1999. Pursuant to CEQA
Section 15164, an Addendum to adopted Negative Declaration No. 98-5 was
prepared. The Planning Commission hereby finds that the Initial Study review and
Addendum to 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. Furthermore,
the Addendum to Negative Declaration No. 98-5 reflects the independent judgement
of the City of Diamond Bar.
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.
(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 with additional parking 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
11.. -1 ---
Square Feet (R-1-&,000) Zones; and to the east and west is the C -M -BE -
(e) The proposed Application is a request to construct crib type retaining walls. The
retaining walls will generally be located at the west, south and east toes of
slopes. At the south toe of slope two retaining walls are proposed with a 27 -
foot separation providing a pad area with 12 compact parking spaces. The
crib type retaining walls vary in height from 0.50 feet to approximately 13
feet. The retaining walls' purpose is to expand the buildable in order to
provide additional parking spaces.
DEVELOPMENT
(f) The design and layout of the proposed development is consistent with the
General Plan, development standards of the applicable district, design
guidelines, and any architectural criteria for specialized area (e.g., theme
areas, specific plans, community plans, boulevards, or planned
developments).
The design and layout of the proposed crib type retaining walls is consistent
with the General Plan and City Design Guidelines in that this type of wall
system helps protect the visual character and quality of the slopes at the
project site. In addition, the wall cells will be planted with vegetation that is
compatible with the existing slope vegetation. Furthermore, Gateway
Corporate Center's architectural committee has approved the walls. With the
Variance approval, t1 le retaining walls will be consistent with the
development standards of the applicable district.
(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 crib type retaining walls will be utilized to expand the buildable
pad in order to provide 66 additional parking then was previously approved.
The retaining walls' designed will conform to the slopes' angle; thereby
preserving the remaining slopes in a natural state. The crib type retaining
walls have cells, which will be planted with vegetation compatible with the
existing vegetation on the slopes. With the maturity of the
new vegetation, the retaining walls will recede into the slopes. As such, the
retaining wall will not unreasonably interfere with the use and enjoyment of
th,e neighboring or future. Furthermore, the expansion of the parking has
been reviewed by the City's Public Works Division and is not expected to
create traffic or pedestrian hazards.
(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 22.48, the City's
General Plan, City Design Guidelines, or any applicable specific plan.
As referenced in Items (f), (g) and (h) above, the design of the proposed
crib type retaining walls is compatible with the character of the surrounding
neighborhood and will maintain the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the City's General Plan, City
Design Guidelines, or any applicable specific plan.
(i) 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.
As referenced in Items (f), (g) and (h) above, the proposed crib typeretaining
walls will provide a desirable environment for its occupants and visiting public
as well as its neighbors.
Q) The proposed development will not be detrimental to public health, safety or
welfare or mate riallyinjurious to the properties or improvements in the
vicinity.
Before the issuance of any City permits, the proposed crib type retaining
walls are required to comply with all conditions within the approved
resolution and the Public Works Division's requirements. The Public
Works Division's involvement through soils report review and approval,
inspections and the certification of the walls' construction will ensure that
the proposed walls are not detrimental to the public health, safety or
welfare or materially injurious to the properties or improvements in the
vicinity.
VARIANCE
(k) There are special circumstances applicable to the property (e.g., location, shape, size,
surroundings, topography, or other conditions), so that the strict application of the
Cityrs Development Code denies the property owner -privileges enjoyed by other
property owners in the vicinity and under identical zoning districts or creates an
unnecessary and nonself created, hardship or unreasonable regulation which makes
it obviously impractical to require compliance with the development standards.
Pursuant to Code Section 22.20.040, the maximum height for retaining walls is six
feet measured from the finished grade at the base of the wall. The Director may
approve an additional height up to one foot in consideration of varying topography.
Retaining walls exceeding this height require a Variance approval. The grading plan
indicates that the crib retaining walls vary in height from 0.50 feet to approximately
12.30 feet with an average height of 8.00 feet. If the proposed retaining walls were
constructed from concrete block, the maximum height would be about 10 feet. The
crib retaining walls will be cutting into the slope, expanding the buildable pad, in
order to allow additional parking stalls.
The project site is approximately 6.47 acres with an existing graded pad of 3.21
acres (139,781 square feet). The pad size is approximately one-half of the site's total
acreage. The original Planning Commission approval permitted a two-story 56,600
square foot office building with a footprint of approximately 28,300 square feet. The
project's floor area ratio (FAR) is .20. However, the General Plan allows a maximum
FAR of 1.00. The Gateway Corporate Center's design standards allows an FAR of
0.50. If the project was built at the allowed 0.50 FAR as all other lots within the
center, due to the site's sloping topography, adequate parking spaces could not be
provided. Most of the recently approved projects in the Center have provided more
than adequate parking spaces. Therefore, due to the site sloping topography, which
consists of one-half of the site, the retaining walls, in the height requested, are
needed to provide additional parking ensuring that enough parking is provided on
site. Additionally, due to the topography constraints of all the parcels within Gateway
Corporate Center,
reciprocal/shared parking practical. agreements are not street
Furthermore, permitted.
Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same
vicinity and zoning districts and denied to the property owner for which the
Variance is sought.
As state above in Item (k), the granting of the Variance will allow
the.applicant to provide additional on-site parking, as other projects within the
Center have been able to provide.
(m) Granting the Variance is consistent with the General Plan and any applicable
the proposed crib type retaining walls are consistent with the General Plan
in that this type of wall system helps protect the visual character and quality
of the slopes at the project site. In addition, the wall cells will be planted
with vegetation that is compatible with.the exi-sting-, slope vegetation,
thereby blending the walls into the slopes. Therefore, granting the Variance
is consistent with the General Plan. The project site is not within a specific
plan area.
(n) The proposed entitlement would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City.
Before the issuance of any City permits, the proposed crib type retaining
walls are required -to comply with all conditions within the approved
resolution and the Public Works Division's requirements. The Public Works
Division's involvement through soils report review and approval, inspections
and the certification of the walls' construction will ensure that the proposed
walls are not detrimental to the public interest, health, safety, convenience,
or welfare of the City.
(o) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the City has determined that an addendum to the
previously approved Negative Declaration is required for this
project. Negative Declaration No. 98-5 was adopted
on January 26, 1999. --Pursuant CEQA Section 15164, an addendum to
adopted Negative Declaration No. 98-5 has been prepared for the crib type
retaining walls. No further public review is required.
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, elevations, plant
list, and final landscape/irrigation plan collectively labeled
as Exhibit "A" dated April 13, 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) 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) The applicant shall replace the 10 existing eucalyptus trees on the slope along
the west property line at a 2:1 ratio. The Planning Division
shall approve the replacement trees' species, size and location. Additionally, the
trees shall be a native species.
(e) A soils report shall be required, incorporating the scope of the proposed crib
type retaining walls in
the review and analysis. The soils report shall give appropriate
recommendations for the construction of the walls. Before the issuance of a
grading permit, the soils report and the required retaining wall calculations
shall be reviewed and approved by the City.
(f) To maintain the structural integrity of the proposed crib type retaining walls, the
soils engineer of record shall certify all the necessary inspection work for
such wal'Is. The proposed crib type retaining walls shall be constructed in
accordance with the approved specifications. The soils engineer of record
shall be fully responsible during each and all phases of the construction.
(g) All conditions of approval in Planning Commission Resolution No. 99-03,
adopted on January 26, 1999, shall remain in full force and effect.
(h) 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 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
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-.
(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 13TH DAY OF APRIL 1999, BY THE
BY: Steve Tye, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a
regular meeting of the Planning Commission held on the 13th day of April 1999, by the following vote:
AYES: Tye, Nelson, Ruzicka, McManus, Kuo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: —es 4DeSt
01
