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HomeMy WebLinkAboutPC 99-28PLANNING COMMISSION RESOLUTION NO. 99-28 A RESOLUTION OF --THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 99-3, DEVELOPMENT REVIEW NO. 99-6, AND NEGATIVE DECLARATION_NO. 99-7, A REQUEST TO CONSTRUCT A 13,325 SQUARE FOOT, TWO STORY OFFICE BUILDING WITH A RESEARCH LABORATORY FACILITY FOR AUTOMOBILE EMISSIONS TESTING. THE PROJECT SITE IS LOCATED AT 1575 SOUTH VALLEY VISTA DRIVE (LOT 13, TRACT NO. 39679) WITHIN THE GATEWAY CORPORATE CENTER, DIAMOND BAR, CALIFORNIA. A. -RECITALS 1. The property owner, Specialty Equipment Market Association, and applicant, The Withee Malcolm Partnership, Architects, have filed an application for Conditional Use Permit No. 99-31, Development Review No. 99-6 and Negative Declaration No. 99-7 for a property located at 1575 South Valley Vista Drive (Lot 13 of Tract No. 39679), Diamond Bar, California. Hereinafter, in this Resolution, the subject Conditional Use Permit, `-' Development Review and Negative Declaration shall be referred to as the "Application".i 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspaper on November 3, 1999. Public hearing notices were mailed to approximately 17 property owners of record withinla 500 foot radius of the project on November 2, 1999. Furthermore, the project site was posted with a display board on November 4, 1999. Three other sites were posted within the vicinity of this application on November 3, 199.,. 3. The Planning Commission of the City of Diamond Bar on November 23, 1999 conducted a duly noticed public hearing on the Application. I B. RESOLUTION I 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. 99-7 have been prepared by theCityof Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-7 reflects the independent judgment of the City of Diamond Bar. The Negative Declaration review period began November 3, 1999 and ends November 23, 1999. 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 the 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 wild life 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 ofs Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to vacant lot, approximately 0.80 acres (37,759 square feet). (b) The project site has a General Plan land use designation of Office Professional (OP). 'Pursuant to the General Plan, this land use designation provides the establishment of office -based working environments for general, professional, and administrative office uses, 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 Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C -M -BE -USC) Zone. This zoning designation.'°', permits general office uses and laboratories for research and testing. 2 i (d) Generally, the following zones and uses surround the j project site: to the north and east are the C -M -BE- U/C Zones, to the west is the SR 57 freeway, and to the south is- the R-1-10,000 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 13,325 square foot, two story, office building with a research laboratory facility for_ automobile emissions testing. Conditional Use Permit: (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The proposed project is within the Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-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 and laboratories for research and testing. The proposed uses were reviewed and approved with the original approval of the center processed by Los Angeles County. Although the proposed research laboratory facility is a permitted use by right under the Unilateral Contract for the Gateway Corporate Center, the City Director believes a discretionary review by Conditional Use Permit is needed. Pursuant to Development Code Section 22.04(h), the Director may determine that a proposed use not listed in Article II may be allowed as a permitted or conditional use, or is not allowed. In this case, the Director has determined a Conditional Use Permit should be required to ensure proper development and compatibility of this unique project within the surrounding area. (g) The proposed use is consistent with the General Plan and any applicable specific plan; 3 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 r„sur proposed pra�ect will yield a pleasant living, working, or shopping environment, and attract interest of residents, workers, shoppers, and visitors as the- result of consistent exemplary design. As noted in 4(h) below, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed project is located within the. Gateway Corporate Center which approximately 143 acres are subdivided into lots to, accommodate a mix development of office -based working environments. for general, professional, and administrative office uses, as well as support uses. The center was processed by Los Angeles County and approved in the late 1980s. This approval was incorporated into a Unilateral Contract imposing land restrictions, ands development standards, which the City adopted on October 17, 1989. The Gateway Corporate Center permits general office uses and laboratories for research and testing. Moreover, the proposed application was reviewed and approved by the Gateway Corporate Center architectural committee to ensure the proposed development is consistent with other developments in the same area. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. Development on- the subject site was previously contemplated when it was reviewed and approved by Los Angeles County. The Gateway Corporate Center contains other developments, which are similar in size and design. The proposed uses are also a; permitted according to the Gateway Unilateral Contract. Therefore, the subject site is physically 4 I suitable for the type 'diI6"density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties.. or improvements in the vicinity. Development Review: (k) The design and layout of the proposed development are consistent with the General Plan, 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 living, working, or shopping environment, and attract interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design. As noted in 4(h) above, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. (1) The design of the proposed development will not interfere with the use and enjoyment of neighboring 61 existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is within the Commercial -Min", Manufacturin Billboard Exclusion -Unilateral 3 Contract (C-M-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 and laboratories for research and testing. The proposed 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 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 analysis and site plan evaluation prepared by Linscott, Law and Greenspan, dated July 22, 1999, recommends the following: 1) Widen and/or re -stripe the northbound approach on Golden Springs to provide dual left -turn lanes and 2) Modify the existing traffic signal phasing to provide a northbound right -turn overlap phase. Moreover, with respect to project specific improvements, the applicant shall be expected to pay a "fair share" cost associated with the improvements identified. The project's percentage of net traffic impact at this key intersection averages to about 0.12%. The City's traffic consultant and Public Works Division concurs with the estimated traffic impact. As part of this project's conditions approval, the applicant shall be required to pay their "fair share" cost. 6 Therefore, the ' design ''andlayout of the proposed project is consistent with the applicable elements of the City's General Plan and City Design Guidelines. (m) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and-. will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. _ 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 which was originally reviewed and approved by Los Angeles County. The Unilateral Contract sets forth kland restrictions/development standards. The development standards require an architectural style that is Modern/ Contemporary with materials, textures and colors that complement this style. As a result, the City, upon incorporation adopted the specified r— development standards. Furthermore, the proposed project has received the center's architectural committee's approval. 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 Conditional Use Permit and Development Review requirements and General Plan. (n) 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, and will remain aesthetically appealing. 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 and will retain a reasonably adequate m level of maintenance. ._ (o) The proposed development will not be detrimental to the public health, safety or welfare or materially 7 injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the :issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the- proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State -of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Environmental Impact Report (SCH 80121218) that reviewed the entire development of Gateway Corporate Center and which contemplated the type of use proposed by this project, required that the following traffic mitigation measures be installed. The traffic mitigation measures required by the EIR have been installed. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 99-7 has been prepared. The Negative Declaration review period begins November 3, 1999 and ends November 23, 1999. (q) 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; and promotes the economic development of the 8 5. Project Area by pro 81'ng an attractive, serviced, well protected environment for residents and visitors; and promotes local opportunities. Based on the findings and conclusions set forth the Planning Commission hereby approves Application subject to the following conditions: well all job above the (a) The project shall substantially conform to site plan, floor plan, elevations, final landscape/irrigation, final exterior and parking lot lighting plan/study, and colors/materials board collectively labeled as Exhibit "A" and dated November 23, 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 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 ensure 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 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 slopes on the project site. (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. 9 (e) The proposed flagpole height shall be a maximum of 35 feet from the finished grade and the length of the flag shall not be more than 1/4 of the height of the pole. Additionally, the applicant shall submit a new site plan for the City's review and approval if a new location for the proposed flagpole is being proposed. I (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 the issuance of a grading permit, the applicant shall submit a soils 'report, for the City's review and approval, incorporating the scope of the proposed development in the review and analysis. The soils report shall give the appropriate recommendations for the construction of the project. (h) 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 sign/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; (4) Delineate proper drainage with details and sections; (5) Delineate property lines and all easements; (6) Provide details, calculations, and sections delineating top of wall, top of footing, finish surface, bottom of footing for proposed retaining wall. 10 (h) 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. <(i) Plans shall conform to State and Local Building Codes (i:e. 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements and Fire Department requirements, as well as the State Energy Code. "(j) Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. (k) Construction plans shall be engineered .to meet wind - loads of 80 m.p.h. F (1) There shall be a one hour separation between the S-3 _ and "B" use.. Also, the exterior walls and openings protection shall meet Table 5-A. Per Building Code Table 5-A, the proposed type of construction (v -n) requires bearing wall to be of one-hour construction within 20 feet from the property lines. (m) The access doors and restrooms shall be clearly marked with handicap symbols. Ramps shall be made handicap accessible. --(n) Applicant shall install handicap signage at each entry to the parking lot. (o) Applicant shall comply with new State Handicap Accessibility Regulations (i.e. van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, etc.). One handicap van parking space is required. (p) Prior to issuance of any City permits, applicant shall submit plans to Los Angeles County Fire Department for their review and approval. 11 (q) Applicant shall denote on a plan the path of travel (striping) from the parking lot to the building. The path of travel from the handicap parking to the Vq building may not exceed cross slope of 2 percent. Applicant shall also show path of travel from the curb to the building. (r) Prior to the issuance -of any City Permits, applicant shall pay their "fair share" cost for traffic improvements as a result of the project's traffic impacts as determined in the traffic analysis dated July 23, 1999. (s) Applicant shall follow regulations for the storage of hazardous materials pursuant to the Uniform Building Code Section 307 for Group H Occupancy. (t)' This grant is valid for two years and shall be exercised 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 Deputy City Manager may consider the extension request at duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) This grant shall not be effective for any purpose until the permittee and owner of- the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Furthermore, this grant shall not be effective until the permittee pays the remaining City processing fees. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimus impact on fish and wildlife, the applicant shall also pay 12 to the Department of Fish, and Game any such fee and any fine which the Department 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: Dale Malcolm and Shaw -Bing Chen, The Withee Malcolm Partnership, Architects, 1983 West 190th Street, Suite 200, Torrance, CA 90504 and Linda Czarkowski, Specialty Equipment Market Association, 1575 South Valley Vista Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23rd DAY OF NOVEMBER 1999, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I r BY. I Steve Tye, Chaan I, James DeStefano, Deputy City Manager, 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 23rd day of November 1999, by the following vote: AYES: Chairman Tye, Vice -Chair Nelson, Kuo, McManus, Ruzicka. NOES: ABSENT: ABSTAIN: BY:ii Jam DeStefano, l�ecretary 11 13 PLANNING COMMISSION RESOLUTION NO. 99-28 A RESOLUTION OF --THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 99-3, DEVELOPMENT REVIEW NO. 99-6, -NO. 99-7. A REQUEST TO AND NEGATIVE DECLARATION CONSTRUCT A 13,325 SQUARE FOOT, TWO STORY OFFICE BUILDING WITH A RESEARCH LABORATORY FACILITY FOR AUTOMOBILE EMISSIONS TESTING. THE PROJECT SITE IS LOCATED AT 1575 SOUTH VALLEY VISTA DRIVE (LOT 13, TRACT NO. 39679) WITHIN THE GATEWAY CORPORATE CENTER, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Specialty Equipment Market Association, and applicant, The Withee Malcolm Partnership, Architects, have filed an application for Conditional Use Permit No. 99- 3, Development Review No. 99-6 and Negative Declaration No. 99-7 for a property located at 1575 South Valley Vista Drive (Lot 13 of Tract No. 39679), Diamond Bar, California. Hereinafter, in this Resolution, the subject Conditional Use Permit, Development Review and Negative Declaration shall be referred to as the 'Application,.' 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspaper s on November 3, 1999. Public hearing notices were mailed to approximately 17 property owners of record within—a 500 foot radius of the project on November 2, 1999. Furthermore, the project site was posted with a dis lay board on November 4, 1999. p Three other sites were posted within the vicinity of this application on November 3, 1999. 3. The Planning Commission of the City of Diamond Bar on November 23, 1999 conducted a duly noticed public hearing on the Application. 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. 99-7 have been prepared by the City of Diamond Bar in compliance with the requirements of 't -he California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore, Negative Declaration No. 99-7 reflects the independent judgment of the City of Diamond Bar. The Negative Declaration review period began November 3, 1999 and ends November 23, 1999. 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 the 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 wild life 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 upon the findings and conclusions set forth herein, this Planning Commission (a) The project relates to vacant lot, approximately 0.80 acres (37,759 square feet). (b) The project site has a General Plan land use designation of Office Professional (OP). 'Pursuant to the General Plan, this land use designation provides the establishment of office -based working environments for general, professional, and administrative office uses, 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 CommercialManufacturing-Billboard Exclusion - Unilateral Contract (C-M-BE-U/C) Zone. This zoning designation permits general office uses and laboratories for research and testing. (d) Generally, the following zones and uses surround the project site: to the north and east are the C-M-BEU/C Zones, to the west is the SR 57 freeway, and to the south is- the R-1-10,000 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 13,325 square foot, two story, office building with a research laboratory facility f ox automobile emissions testing. Conditional Use Permit: (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The proposed project is within the Commercial Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone, which permits the proposed general of f ice use. The project site is within the established Gateway Corporate Center, which permits general office uses and laboratories for research and testing. The proposed uses were reviewed and approved with the original approval of the center processed by Los Angeles County. Although the proposed research laboratory facility is a permitted use by right under the Unilateral Contract for the Gateway Corporate Center, the City Director believes a discretionary review by Conditional Use Permit is needed. Pursuant to Development Code Section 22.04(h), the Director may determine that a proposed use not listed in Article II may be allowed as a permitted or conditional use, or is not allowed. In this case, the Director has determined a Conditional Use Permit should be required to ensure proper development and compatibility of this unique project within the surrounding area. (g) The proposed use is consistent with the General Plan and any applicable specific 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 prqject will yield a pleasant living, working, or shopping environment, and attract interest of residents, workers, shoppers, and visitors as the- result of consistent exemplary design. As noted in 4 (h) below, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. (h) The design, location, size and operating characteristics of the proposed us`e are compatible with the existing and future land uses in the vicinity; The proposed project is located within the Gateway Corporate Center which approximately 143 acres are subdivided into lots to, accommodate a mix development of office -based working environments. for general, professional, and administrative office uses, as well as support uses. The center was processed by Los Angeles County and approved in the late 1980s. This approval was incorporated into a Unilateral Contract imposing land restrictions - ands development standards, which the City adopted on October 17, 1989. The Gateway Corporate Center permits general office uses and laboratories for research and testing. Moreover, the proposed application was reviewed and approved by the Gateway Corporate Center architectural committee to ensure the proposed development is consistent with other developments in the same area. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. Development on- the subject site was previously contemplated when it was reviewed and approved by Los Angeles County. The Gateway Corporate Center contains other - developments, which are similar in size and design; The proposed uses are also permitted according to the Gateway Unilateral Contract. Therefore, the subject site is physically suitable for the' type 'dild—"density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints Q) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties.. or improvements in the vicinity. Development Review: W The design and layout of the proposed development are consistent with the General Plan, development s-tandards 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 living, working, or shopping environment, and attract interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design. As noted in 4 (h) above, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. (1) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian The proposed project is within the CommercialManufacturinq.Billboard Exclusion -Unilateral Contract (C-M-DE-U/C) Zone, which permits the proposed general of f ice use. The project site is within the established Gateway Corporate Center, which permits general office uses and laboratories for research and testing. The proposed 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 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 analysis and site plan evaluation prepared by Linscott, Law and Greenspan, dated July 22, 1999, recommends the following: 1) Widen and/or re -stripe the northbound approach on Golden Springs to provide dual left -turn lanes and 2) Modify the existing traffic signal phasing to provide a northbound right -turn overlap phase. Moreover, with respect to project specific improvements, the applicant shall he expected to pay a "fair share" cost associated with the improvements identified. The project's percentage of net traffic impact at this key intersection averages to about 0.12%. The City's traffic consultant and Public Works Division concurs with the estimated traffic impact. As part of this project's conditions approval, the applicant shall be required to pay their "fair share" cost. Therefore, the design layout of the pi—oposed project is consistent with the applicable elements of the City's General Plan and City Design Guidelines. (m) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and- will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. 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 which was originally reviewed and approved by Los Angeles County. The Unilateral Contract sets forth land restrictions/development standards. The development standards require an architectural style that is Modern/ Contemporary with materials, textures and colors that complement this style. As a result, the City, upon incorporation adopted the specif ied development standards. Furthermore, the proposed project has received the center's architectural committee's approval. 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 Conditional Use Permit and Development Review requirements and General Plan. (n) 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, and will remain aesthetically appealing. 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 and will retain a reasonably adequate level of maintenance. (o) The proposed development will not be detrimental to the 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. Before the -,-issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the - proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State -of California requirements. The referenced agencies, involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Environmental Impact Report (SCH 80121218) that reviewed the entire development of Gateway Corporate Center and which contemplated the type of use proposed by this project, required that the following traffic mitigation measures be installed. The traffic mitigation measures required by the EIR have been installed. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 99-7 has been prepared. The Negative Declaration review period begins November 3, 1999 and ends November 23, 1999. (q) 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; and promotes the economic development of the Project Area by pro 8ing an attractive, well serviced, well protected environment for all residents and visitors; and promotes local job opportunities. 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, fl-oor plan, elevations, final landscape/irrigation, final exterior and parking lot lighting plan/study, and colors/materials board collectively labeled as Exhibit "A" and dated November 23, 1999, as submitted and approved by the Planning Commission, as amended herein. I (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 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. Lt shall be the applicant's obligation to ensure 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 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 slopes on the project site. (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. (e) The proposed flagpole height shall be a maximum of 3S feet from the finished grade and the length of the flag shall not be more than 1/4 of the height of the pole. Additionally, the applicant shall submit a new site plan for the City's review and approval if a new location for the proposed flagpole is being proposed. (f) Prior to the issuance of a building permiti the applicant shall submit a final detail of the trash/recycle bin enclosure for the -City' s - review and approval. (g) Prior to the issuance of a grading permit, the applicant shall submit a soils ireport, for the City, s review and approval, incorporating the scope of the proposed development in the review and analysis. The soils report shall give the appropriate recommendations for the construction of the project. (h) 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 sign/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; (4) Delineate proper drainage with details and sections; (5) Delineate property lines and all easements; (6) Provide details, calculations, and sections delineating top of wall, top of footing, finish surface, bottom of footing for proposed retaining wall. (h) 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. Ai) Plans shall conform to State and Local Building Codes (ie. 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements and Fire Department requirements, as well as the State Energy Code. Q Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. (k) Construction plans shall be engineered,to meet wind loads of 80 m.p.h. (1) There shall be a one hour separation between the S-3 and I'D"' use.- Also, the exterior walls and openings protection shall meet Table 5-A. Per Building Code Table 5-A, the proposed type of construction (v -n) requires bearing wall to be of one-hour construction within 20 feet from the property lines. (m) The access doors and restrooms shall be clearly marked with handicap symbols. Ramps shall be made handicap accessible. (n) Applicant shall install handicap signage at each entry to the parking lot. (o) Applicant shall comply with new State Handicap Accessibility Regulations (i.e. van parking, shortest -route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms-, ' ramps, etc.) One handicap van parking space is required. (p) Prior to issuance of any City permits, applicant shall submit plans to Los Angeles County Fire Department for their review and approval. F7-- 77 (q) Applicant shall denote on a plan the path of travel (striping) from the parking lot to the building. The path of travel from the handicap parking to the building may not exceed cross slope of 2 percent. Applicant shall also show path of travel from the curb to the building. (r) Prior to the -issuance -of any City Permits, applicant shall pay their "fair share" cost for traffic improvements as a result of the project's traffic impacts as determined in the traffic analysis dated July 23, 1999. (s) Applicant shall follow regulations for the storage of hazardous materials pursuant to the Uniform Building Code Section 307 for Group H Occupancy. (t)' This grant is valid for two years and shall be exercised 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 Deputy City Manager may consider the extension request at duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) This grant shall not be effective for any purpose until the permittee and owner of- the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Furthermore, this grant shall not be effective until the permittee pays the remaining City processing fees. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimus impact on fish and wildlife, the applicant shall also pay 12 r„ irn--,- %'X-SNINYflU #JIi ',T'.RLW11'W A W 1,R2YjNaN1 k, k?-Ri to the Department of Fish and Game any such fee and any fine which the Department The Planning Commission shall: (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Dale Malcolm and Shaw -Bing Chen, The Withee Malcolm Partnership, Architects, 1983 West 190th Street, Suite 200, Torrance, CA 90504 and Linda Czarkowski, Specialty Equipment Market Association, 1575 South Valley Vista Drive, Diamond Bar, CA 91765. /_1»:ii]�/��1_1�1�7_1�Z�]i���i�a6�►Zc3T■�L\'ti7��[H�/�Jll 3�:Si�>;:1;:1• ]'��:I� BY: Ch 'rman S I, James DeStefano, Deputy City Manager, 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 23rd day of November 1999, by the following vote: AYES: Chairman Tye, Vice -Chair Nelson, Kuo, McManus, Ruzicka. NOES: F-111.121:111111 ABSTAIN: BY: Jam DeStefano ecretary PDeStef ano,—ecreta