HomeMy WebLinkAboutPC 99-17PLANNING COMMISSION RESOLUTION NO. 99-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND -BAR APPROVING DEVELOPMENT REVIEW NO. 99-4 AND NEGATIVE DECLARATION NO. 99-5, A REQUEST TO CONSTRUCT A TWO-STORY OFFICE BUILDING OF APPROXIMATELY 18,400 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1315 S. VALLEY VISTA DRIVE, (LOT 5, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. 1. The property owner, Diamond Bar Business Associates c/o AEW Capital Management, LP and applicant, Bernard Abrams of V -Tek Systems Corporation, have filed an application for Development Review No. 99-4 and Negative Declaration No. 99-5 for a property located at 1315 S. Valley Vista Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Negative Declaration shall be referred to as the "Application". 2. On June 22 1999 the PlanningCommission ss on of the City of Diamond Bar 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 June 1, 1999. Public hearing notices were mailed to approximately 14 property owners of record within a 500 -foot radius of the project on May 24, 1999. Furthermore, the project site was posted with the required display board on May 19, 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. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 99-5 have been prepared U, by the City of Diamond Bar in compliance with the 1 requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-5 reflects the independent judgement of the City of Diamond �;I^I, Bar. C,I? if 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 an irregular-shaped, vacant lot, approximately 2.53 with a 41,000 square foot graded pad. The project site is bound by descending slopes on the south and west, by Valley Vista Drive'on the east and Gateway Center Drive on the north. The project site contains a catch basin and two -ten foot wide easements, outside of the development envelope. The catch basin is located in the northwest corner of the site. One easement is for the sanitary sewer. It traverses the site generally in an east/west direction and within the rear portion of the site. The other easement is for the storm drain and storm drain ingress and egress. It traverses the site in a north/south- direction orth/southdirection and generally within the north/east portion of the site. The project site was mass graded as part of the overall, grading for the corporate complex. (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 maximum floor area ratio (FAR) of 1.00. (c) The project site is within the Professional Office - Billboard Exclusion -Unilateral Contract (OP-BE-U/C) Zone. This zoning designation permits general office uses. (d) Generally, the following zones and use surround the r project site: To the north is the Orange Freeway (SR 57); and to the south, east and west is the OP-BE- U/C Zone. The project site is also located within the City's Redevelopment Agency's Economic Revitalization Area. (e) The Application request is to construct a two-story office building of approximately 18,400 gross square feet. (17,500 net square feet) to be utilized for general office. (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project provides for the establishment of an 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, landscaping that will offer a variety of plant species and adequate on-site parking. Additionally, the proposed project complies with the development standards prescribed in the Gateway Corporate Center Unilateral Contract and has received the approval of the Gateway Corporate Center Architectural Committee. (g). The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed project is within the Professional Office -Billboard Exclusion -Unilateral Contract (O.P-BE- U/C) Zone, which permits the proposed general office use. The project site is within the established Gateway Corporate Center, which permits general office uses. General office uses were reviewed and approved with the original approval of the Center processed by Los Angeles County. 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 along Golden Springs Corporate Center. of the proposed bikeway Drive fronting on Gateway (2) Golden Springs Drive shall be widened to provide left -turn pockets at both entrance streets to the Center. (3) Traffic signals shall be installed on Golden Springs Drive, at the two entrance drives to the Center. Additionally, a traffic impact analysis dated April 22, 1999, and supplemental traffic impact analysis (responding to City comments) dated May 26, 1999 prepared by Linscott, Law and Greenspan recommends the following: (1) Widen and/or re -stripe the northbound approach on Golden Springs Drive to provide dual left lanes; (2) Modify the existing traffic signal phasing to provide northbound right -turn, eastbound right - turn and southbound right -turn overlap phased; and (3) Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. The identified traffic improvement measures are expected to mitigate the impacts of existing traffic, mitigate the impact of future and background and project traffic; and improve LOS at Grand Avenue and Golden Springs Drive to an acceptable range. (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 22.48.20. Development Review standards, City Design Guidelines and the City's General Plan. As also referenced in Item 4. (f) above, and (i) below, the proposed project will be consistent and compatible with the architectural design, materials, and colors of the other office buildings within the Gateway Corporate Center and its Unilateral Contract originally reviewed and approved by Los Angeles County and adopted by the City of Diamond Bar. The Unilateral .Contract sets forth land restrictions /development standards. The development standards require an architectural style that is I --Jl.riLU I Modern/Contemporary ,r with materials, textures and colors that complement this style. The proposed project has received the Center's architectural committee's approval. Therefore, the proposed project 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 requirements 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 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. The construction materials, Smokey Grey glazing and Dove Grey plaster will retain a reasonably adequate level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 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 revision is not detrimental to the public health, safety or welfare or materially injurious to the properties -or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of CEQA, the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 99-5 has been prepared. The Negative Declaration's review period began June 1, 1999 and ended June 21, 1999. 5 (1) 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 it implements the General Plan's policies, goals, objectives and strategies. Additionally, the proposed project provides an opportunity for office uses; promotes the economic development of the Project Area by providing an attractive, well -serviced, well - protected environment for all residents and visitors; promotes local job opportunities; and implements design and use standards that assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. 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 June 22, 1999, as submitted and approved by the Planning 771 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) Before the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan that delineates plant species, size, quantity and location, for the City's review and approval. The final landscape plans shall also include existing planting material on all slopes and the species, size, quantity and location of the replacement plant material destroyed during construction. In order to mitigate thei';G,,, view of the retaining walls and the portion of the north building elevation utilized to extend the 0 ! —Il__.• ruu 1 � 11.11 IIIA ni«IYUnM— --Il—-t=�_Jllvtl�u-_ — __ _Jle_n.�GLdW9t iMi*r.axlnmx�uxnWnunNrwar _il_. _- J -_ _— buildable pad, the lah'(4scaping shall be enhanced to the satisfaction of the Planning Division. The landscape/ F -s irrigation plan shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly. All landscaping and irrigation shall be installed before final inspection; (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. Lighting shall comply with all applicable Development Code standards; (e) All roof -mounted equipment shall be screened from public view; (f) 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; (g) Prior to final inspection/ occupancy, the applicant shall pay their "fair -share" (0.49 percent) of the installation of the following traffic improvements measures to the intersection of Golden Springs Drive/Grand Avenue as required by the Deputy Public Works Director: F (1) Widen and/or re -stripe the northbound approach on Golden Springs Drive to provide dual left lanes; (2) Modify the existing traffic signal phasing to provide northbound right -turn, eastbound right - turn and southbound right -turn overlap phased; and (3) Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. (h) Two parking stalls located furthest north in the parking lot shall be reconfigured to provide a back-up turning area, which allows for easier maneuverability for the City's review and approval. (i) Proposed retaining walls shall not exceed a height of six feet. (j) Applicant shall remove and replace the following to the satisfaction of the Deputy Public Works Director: (1) Damaged sidewalk along,the west side of Gateway Center Drive, immediately north of the site; 7 ----__. - - -� -- --... II IIID III�I LL I 1 �._��,�,��,�,,,��.__T��m m,-�._,-,� II r I , , ., ­ ­­.__ .:uxw_-­_a_ (2) Damaged section of sidewalk to the north that contains a manhole; and (3) Concrete drainage ditch below the site. ljliN;���lf (k) Prior to the issuance of� any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall: (1) Be signed/stamped by a civil engineer, geotechnical engineer and geologist as required; (2) Delineate the proposed and existing topography; (3) Delineate finish surface, finish grade, flow lines, top of wall, bottom of wall, bottom of footing and finished surface for proposed retaining walls; (4) Delineate proper drainage with details and sections; and (5) Delineate slope ratio. (1) Plans shall delineate retaining wall sections drawn to scale with appropriate details, type of retaining wall and structural calculations. (m) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES.permits. (n) The applicant shall be responsible for sewer and storm drain system/lateral installation and shall ensure connection with the L. A. County Department of Public Works for storm drain and sewer lateral if there are none currently available. Additionally, the applicant shall pay the County Sanitation District for connection fees. Furthermore, the applicant shall be responsible for all costs associated with the improvement,' review and approval for the addition of sewer or storm drains. (o) Sidewalks, curbs and gutters, etc. damaged during construction shall be removed and replaced by the applicant to the satisfaction of the Deputy Public Works Director. 0 A (p) No permanent structures shall encroach onto storm drain lines or easements. (q) The applicant shall obtain an encroachment permit for all off-site improvements. (r) Driveway slope shall not exceed 15 percent. (s) All handicap parking shall comply with current State handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot,to building. Cross slope shall not exceed two percent. All bathroom and ramps shall be designed in compliance with State handicap accessible regulations. Required handicap signage shall be installed at each entrance. (t) Plans shall conform to State and Local Building Code (i.e. 1994 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1993 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. (w) Applicant shall submit construction plans to the Los Angeles County Fire Department. Plans shall comply with all applicable fire codes. (x) 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. (y) 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 9 until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (z) 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, ifthis project is not exempt from a filing fee imposed because the project has more than a deminimis impaction 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 Bernard Abrams, V -Tek Systems Corporation, 750 N. Diamond Bar Boulevard, Diamond Bar, CA 91765 Ilk APPROVED AND ADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING COMMISSIONitev HE CITY OF DIAMOND BAR. BY:_, e Tye,CFairman 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 22nd day of June 1999, by the following vote: AYES: Tye, Nelson, Kuo, McManus, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: r es DeStefa*, Secretary 10 PLANNING COMMISSION RESOLUTION NO. 99-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND -BAR APPROVING DEVELOPMENT REVIEW NO. 99-4 AND NEGATIVE DECLARATION NO. 99-5, A REQUEST TO CONSTRUCT A TWO- STORY OFFICE BUILDING OF APPROXIMATELY 18,400 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1315 S. VALLEY VISTA DRIVE, (LOT 5, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Bar Business Associates c/o AEW Capital Management, LP and applicant, Bernard Abrams of V-T-ek Systems Corporation, have filed an application for Development Review No. 99-4 and Negative Declaration No. 99-5 for a property located at 1315 S. Valley Vista Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Negative Declaration shall be referred to as the "Application". 2. On June 22, 1999, the Planning Commission of the City of Diamond Bar 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 June 1, 1999. Public hearing notices were mailed to approximately 14 property owners of record within a 500 -foot radius of the project on May 24, 19 9'9. Furthermore, the project site was posted with the required display board on May 19, 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. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 99-5 have been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-5 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 an irregular-shaped, vacant lot, approximately 2.53 with a 41,000 square foot graded pad. The project site is bound by descending slopes on the south and west, by Valley Vista Drive'on the east and Gateway Center Drive on the north. The project site contains a catch basin and two -ten foot wide easements, outside of the development envelope. The catch basin is located in the northwest corner of the site. One easement is for the sanitary sewer. It traverses the site generally in an east/west direction and within the rear portion of the site. The other easement is for the storm drain and storm drain ingress and egress. It traverses the site in a north/southdirection and generally within the north/east portion of the" site. The project site was mass graded as part of the overall grading for the corporate complex. (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-base'd working environments for general, professional, and administrative offices, as well as support uses. Additionally, development `within the OP designation will maintain a maximum floor area ratio (FAR) of 1.00. (c) The project site is within the Professional OfficeBillboard Exclusion -Unilateral Contract (OP-BE-U/C) Zone. This zoning designation permits general office uses. (d) Generally, the following zones and use surround the project site: To the north is the Orange Freeway (SR 57); and to the south, east and west is the OP-BEU/C Zone. The project site is also located within the City's Redevelopment Agency's Economic Revitalization Area. (e) The Application request is to construct a two-story office building of approximately 18,400 gross square feet. (17,500 net square feet) to be utilized for general office. (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The proposed project provides for the establishment of an 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, landscaping that will offer a variety of plant species and adequate on-site parking. Additionally, the proposed project complies with the development standards prescribed in the Gateway Corporate Center Unilateral Contract and has received the approval of the Gateway Corporate Center Architectural Committee. (g)— The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed project is within the Professional Office -Billboard Exclusion - Unilateral Contract (O.P-BEU/C) Zone, which permits the proposed general office use. The project site is within the established Gateway Corporate Center, which permits general office uses. General office uses were reviewed and approved with the original approval of the Center processed by Los Angeles County. Additionally, the Center's certified Environmental Impact Report reviewed impacts related to traffic and pedestrians. As a re—;ult, 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. (3) Traffic signals shall be installed on Golden Springs Drive, at the two entrance drives to the Center. , Additionally, a traffic impact analysis dated April 22, 1999, and supplemental traffic impact analysis (responding to City comments) dated May 26, 1999 prepared by Linscott, Law and Greenspan recommends the following: (1) Widen and/or re -stripe the northbound approach on Golden Springs Drive (2) Modify the existing traffic signal phasing to provide northbound right -turn, eastbound rightturn and southbound right -turn overlap phased; and (3) Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. The identified traffic improvement measures. are expected to mitigate the impacts of existing traffic, mitigate the impact of future and background and project traffic; and improve LOS at Grand Avenue and Golden Springs Drive to an acceptable range. (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 22.48.20. Development Review standards, City Design Guidelines and the City's General Plan. As also referenced in Item 4. (f) above, and (i) below, the proposed project will be consistent and compatible with the architectural design, materials, and colors of the other office buildings within the Gateway Corporate Center and its Unilateral Contract originally reviewed and approved by Los Angeles County and ad 'opted by the City of Diamond Bar. The Unilateral -Contract sets forth land restrictions /development standards. The development standards require an architectural style that is Modern/Contemporary materials, textures and colors that complement this style. The proposed project has received the Center's architectural committeers approval. Therefore, the proposed project 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 requirements 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 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. The construction materials, Smokey Grey glazing and Dove Grey plaster 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 (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 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 revision is not detrimental to the public health, safety or welfare or materially injurious to the properties -or improvements in'the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to the provisions of CEQA, the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 99-5 has been prepared. The Negative Declaration's review period began June 1, 1999 and ended June 21, 1999. (1) 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 it implements the General Plan's policies, goals, objectives and strategies. Additionally, the proposed project provides an opportunity for office uses; promotes the economic development of the Project Area by providing an attractive, well -serviced, wellprotected environment for all residents and visitors; promotes local job opportunities; and implements design and use standards that assure high aesthetic and environmental quality, and provide unity and integrity to developments within the Project Area. 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 June 22, 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) Before the issuance of any City permits, the applicant shall submit a final landscape/ irrigation plan that delineates plant species, size, quantity and location, for the City's review and approval. The final landscape plans shall also include existing planting material on all slopes and the species, size, quantity and location of the replacement plant material destroyed during construction. In order to mitigate the view of the retaining walls and the portion of the north building elevation utilized to extend the buildable pad, the lan'd—caping shall be enhanced to the satisfaction of the Planning Division. The landscape/ irrigation plan shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly. All landscaping and irrigation shall be installed before final inspection; (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. Lighting shall comply with all applicable Development Code standards; (e) All roof -mounted equipment shall be screened from public view; (f) 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; (g) Prior to final inspection/occupancy, the applicant shall pay their "fair -share" (0.49 percent) of the installation - of the following traffic improvements measures to the intersection of Golden Springs Drive/Grand Avenue as required by the Deputy Public Works Director: (1) Widen and/or re -stripe the northbound approach on Golden Springs Drive (2) Modify the existing traffic signal phasing to provide northbound right -turn, eastbound rightturn and southbound right -turn overlap phased; and (3) Northbound right -turn overlap will require that all westbound U-turns along Grand Avenue be prohibited. (h) Two parking stalls located furthest north in the parking lot shall be reconfigured to provide a back-up turning area, which allows for easier maneuverability for the City's review and approval. (i) Proposed retaining walls shall not exceed a height of six feet. 0) Applicant shall remove and replace the following to the satisfaction of the (1) Damaged sidewalk along, the west side of Gateway Center Drive, immediately north of the site; (2) Damaged section of sidewalk to the north that contains a manhole; and (3) Concrete drainage ditch below the site. (k) Prior to the issuance of— any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall: (1) Be signed/stamped by a civil engineer, geotechnical engineer and (2) Delineate the proposed and existing topography; (3) Delineate finish surface, finish grade, flow lines, top of wall, bottom of wall, bottom of footing ' and finished surface for proposed retaining walls; (4) Delineate proper drainage with details and sections; and (5) Delineate slope ratio. (1) Plans shall delineate retaining wall sections drawn to scale with appropriate details, type of retaining wall and structural calculations. (m) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES.permits.. (n) The applicant shall be responsible for sewer and storm drain system/lateral installation and shall ensure connection with the L. A. County Department of Public Works for storm drain and sewer lateral if there are none currently available. Additionally, the applicant shall pay the County Sanitation District for connection fees. Furthermore, the applicant shall be responsible for all costs associated with the improvement,' review and approval for the addition of sewer or storm drains. (o) Sidewalks, curbs and gutters, etc. damaged during construction shall be removed and replaced by the applicant to the satisfaction of the Deputy Public Works Director. (p) No permanent structures'shall encroach onto storm drain lines or easements. (q) The applicant shall obtain an encroachment permit for all off-site improvements. (r) Driveway slope shall not exceed 15 percent. (s) All handicap parking shall comply with current State handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot,to building. Cross slope shall not exceed two percent. All bathroom and ramps shall be designed in compliance with State handicap accessible regulations. Required handicap signage shall be installed 4at each entrance. (t) Plans shall conform to State and Local Building Code (i.e. 1994 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1993 National Electrical Code) requirements. (u) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (v) Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. (w) Applicant shall submit construction plans to the Los Angeles County Fire Department. Plans shall comply with all applicable fire codes. W 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. (y) 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 aq:tee to accept all the conditions' of this grant. 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. (z) 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 Bernard Abrams, V -Tek Systems Corporation, 750 N. Diamond Bar Boulevard, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING COMMISSION OF HE CITY OF DIAMOND BAR. HE C1 17 BY: tev T— teve T e,/k—irman q 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 22nd day of June 1999, by the following vote: AYES: Tye, Nelson, Kuo, McManus, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: —es DeStefadp, Secretary IN