HomeMy WebLinkAboutPC 2000-19PLANNING C0MMISSION RESOLUTION NO. 2000-19 A RESOLUTION OF THE PLANNING COMMIESION5 OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-12, CONDITIONAL USE PERMIT NO. 2000-07, AND VARIANCE NO. 2000-06, A REQUEST TO CONSTRUCT A THREE STORY OFFICE BUILDING OF APPROXIMATELY 129,000 SQUARE FEET, CHILD DAYCARE FACILITY OF - APPROXIMATELY 5,000 SQUARE FEET WITH A CHILD DAYCARE YARD, PARKING FACILITY, AND CRIB WALL WITH A MAXIMUM HEIGHT OF 13 FEET EXPOSED AND ACCEPTING NEGATIVE DECLARATION NO. 2000-05. THE PROJECT SITE IS LOCATED AT 1440_ BRIDGE GATE DRIVE, (LOT 16, TRACT NO. 39679), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Bridge Gate Partners, has filed an application for Development Review No. 2000-12, Conditional Use Permit No. 2000-07, Variance No. 2000-06 and Negative Declaration No. 2000-05 for a property located at 1440 Bridge Gate Drive, Diamond Bar, California, as described above in the title- of this Resolution. Hereinafter, in this Resolution, the subject Development Review, Conditional Use Permit, Variance 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 newspapers on September 19, 2000. Public hearing notices were mailed to approximately 17 property owners of record within a 700 foot radius of the project on September 19, 2000. Furthermore, the project site was posted with a display board on September 19, 2000 and displayed for at least 20 days before the public hearing. A notice of public hearing was posted at three public places on September 19, 2000. 3. The Planning Commission of the City of Diamond Bar on October 10, 2000 conducted a duly noticed public hearing on the Application. 1 �K. 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. 2000-05 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA)'- of 1970 and guidelines promulgated thereunder,�' pursuant to Section 15070., Furthermore, Negative Declaration No. 2000-05 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 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 hereby finds as follows: (a) The project relates to vacant lot, approximately 4.63 gross acres, with a 158,023 square foot buildable pad, within a commercial business center identified as Gateway Corporate Center. (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 for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. 2 (c) The project site is within the Commercial- --, Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone. Pursuant to Section 22.06.040 (B), the equivalent applicable Development Code standards are found within the OB (Office Business Park) Zoning District. This zoning designation permits general office uses- by right and child day care facility with a Conditional Use Permit approval. The Unilateral Contract permits a general office use by right and child daycare facility with special processing approval. (d) Generally, the following zones and uses surround the 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-1-8,000 Zone. (e) The application request. is to construct a. three story office building of approximately 129,000 square feet, child daycare facility of approximately 5,000 square feet with a child daycare yard, and parking facility. The request also includes a crib wall with a maximum height of 13 feet exposed - DEVELOPMENT REVIEW: (f) 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. The proposed project also provides for the establishment of a child daycare facility, which contributes to the office -based working environment for general offices. The child daycare will cater to office employees only. Pursuant to the General Plan, the proposed office use along with the child daycare facility will yield a pleasant living, working, or shopping environment, and attract interest of residents, workers, . shoppers, and r visitors as the result of consistent exemplary design. Furthermore, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. 3 The proposed design and layout of the proposed crib retaining wall 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. The crib retaining walls have a softened design because it is anticipated that plant material will completely mask the appearance of the crib wall. Furthermore, Gateway Corporate Center's architectural committee has approved the walls. With the Variance approval, the retaining walls will be consistent with the development standards of the applicable district. (g) 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 hazards. 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 by right and child daycare facility with a Conditional Use Permit - approval. The project site is within the established Gateway Corporate Center, which permits general office uses by right and child daycare facility with special processing approval. 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. 4 - _ I l _._. , I. I . raLll1.- 4,i ­,,IA'rr.A -- _�r-L.., k.,:s,_-�,. —_ -_wxskc �I.­_.— _ ­ __- ` • __ __ _ _ _ _ ____ -- _ _ Additionally, a traffic analysis and site plan evaluation prepared by Linscott, Law and Greenspan, dated July 17, 2000, recommends the following: 1) indicates that the proposed project, at completion v and full occupancy, is expected to , generate approximately 1,800 weekday, two-way trips, with 259 trips anticipated during the AM peak commute hour and 256 trips produced during the PM peak commute hour. The analysis also considers the projects for Lots 2 and 22_within the Gateway Corporate Center along with the anticipated Farmer Boys restaurant located on the southeast quadrant of Brea Canyon Road at Lycoming Street, approved by the Planning Commission. With this. information, the potential impact of the proposed project was evaluated within the context of cumulative impact of all on-going development. With respect to area traffic improvements, the results of the level of service (LOS) analysis indicate that existing traffic, in combination with future background traffic, will significantly impact Golden Springs Drive and Grand Avenue during the AM and PM peak hour in Year 2001. However, with the implementation of the following recommended improvements, the proposed project's impact can be improved to an acceptable LOS. 1) Re -stripe the northbound approach on Golden Springs Drive to provide a second left -turn lane; 2) Modify the existing traffic signal phasing to provide a northbound and eastbound right -turn overlap phase. The City's traffic consultant and Public Works Division concurs with the estimated- traffic impact. As part_ of this project's conditions approval, the project should be assessed a "fair share" cost associated with the improvements identified. The City has committed to provide improvements for the project, including a traffic signal installation at the driveway. As mentioned in Item (f), the crib retaining wall helps protect the visual character and quality of the slopes at the project site by incorporating a softened design with plant material that will completely mask the appearance of the crib wall. Furthermore, Gateway Corporate Center's architectural committee has approved the walls. With the Variance approval, the retaining walls will 5 be consistent with the development standards of the applicable district. Furthermore, the expansion of thej�i��i p parking lot 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 and enhancethe 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 developed buildings and retaining walls 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 "a colors that complement this style. As a result, the City, upon incorporation adopted the specified development standards. Furthermore, -the proposed project has received Gateway's architectural committee 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 Development Review, Conditional Use Permit, 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, 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 goodaesthetic- use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 3 (j) The, proposed development will not be detrimental to the public health, safety or welfare or materially .g injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. 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. (k) The proposed project 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), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. CONDITIONAL USE PERMIT: (1) 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. Pursuant to Chapter 22.10, Table 2-5 of the City's Development Code, a child day care facility is permitted in the -Commercial -Manufacturing -Billboard Exclusion_Unilateral Contract (C-M-BE-U/C) Zone with 7 a Conditional Use Permit approval.:. Therefore, the proposed child day care' facility requires a Conditional Use Permit approval. Per the City's Development Code, Table 2-7 of Article II, projects located within the Gateway Corporation Center are subject to any additional development standards contained with the Gateway 'Corporate Center Design Guidelines. Thus, accordingly, a child day care facility is a permitted use with special processing approval under- the Unilateral Contract for the Gateway Corporate -Center. As conditioned, the - proposed uses will comply with all other applicable _provisions of the Development Code and Municipal -Code. (m) The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is Office Professional -.(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. The proposed project provides for the establishment of a child .' daycare facility, which contributes to the office- p, based working environment for general offices within the General Plan's OP land use designation. The child daycare will cater to office employees only. Therefore, the proposed use is consistent with the General Plan. Additionally, the proposed use was reviewed and approved by the Gateway architectural committee. As such, the proposed use is consistent with the Unilateral Contract. (n) The design, location, size and operating characteristics of the proposed use are .compatible with the existing and future land uses in the vicinity. The child daycare will be built within the parking facility structure. It -is anticipated that .the overall architectural style, construction materials, and colors of the parking facility will be consistent and compatible with the existing structures within Gateway Corporate Center and has �? received the Center's architectural committee's approval. As a condition of approval, the applicant LJ shall be required to submit a detailed elevation .of 8 the parking facility r the City's review and approval prior to the issuance of any permits issued by the Building and Safety Division. As shown on Exhibit "A", the height does not exceed the height of the main office building or 45 feet. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and the -adopted architectural criteria of the Unilateral Contract of Gateway Corporate Center. As mentioned in Item (o), this project has been conditioned to meet all other agency requirements and additional requirements within the Development Code for operation of the child daycare facility. (o) 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. r. The Development Code establishes standards for the City's review of child daycare facilities, in compliance with State law, and in a manner that recognizes the needs of day care operators and at the same time, minimizes the effects on surrounding properties. These standards apply in addition to the other Development Code provisions regarding parking, noise, etc. As a part of this project's conditions of approval, the following agencies are also required to review, approve, and/or license this application prior to operating for business. The list includes, but is not limited to the Los Angeles County Fire Department, the California Department of Social Services, State Department of Education, and the Los Angeles County Business License Department. (p) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is f located. As mentioned in Item (o), this project has been conditioned to meet all other agency requirements 9 and additional requirements within the Development Code. As a result, the 'conditions will ensure that the proposed child daycare facility is not;I,! detrimental to the public health; safety, or welfare or materially injurious to the properties or improvements in the vicinity. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are required for the use of a child daycare facility. The inspections and appropriate licenses and operational, conditions listed within this resolution will ensure that the child daycare facility will not be detrimental to the public interest, health, safety, convenience or welfare of the City. (q) The proposed project 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), Section 15070', the - City has determined that a Negative Declaration is required for'this project. Negative Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. VARIANCE: (r) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this ,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 make it obviously impractical to require compliance with the development standards; Pursuant to Development 22.20.040, retaining walls shall not exceed a height of six feet measured from the finished grade at the base of the wall. The subject request is for a crib wall with a maximum of 13 feet -in exposed height, located along the west side property line. If the proposed retaining walls were constructed from concrete block, the height 10 could be 8 feet or less.. However, staff feels the r-, visual impact of a concrete block wall would be a much more harsh design. Whereas, the crib retaining walls have a softened design because it is anticipated that plant material will completely mask the appearance of the crib wall. In order to construct a crib wall, which conforms with the angle of the slope, the maximum height required is 13 feet. The proposed crib wall allows for an additional 23 parking spaces on. the. surface parking lot. A total of 518 parking spaces are required. Although the applicant exceeds the minimum number of parking spaces required, the City encourages the applicant to provide additional parking beyond the minimum to ensure parking availability. Additionally, other lots located within the Gateway Corporate Center have heightened walls. The Planning Commission approved a similar request for a 13 foot high crib wall on Lot 22 for_ Allstate Insurance. Without a Variance approval, the r applicant is denied the same enjoyment and privileges, which other lots in the same zoning district possess with similar topographic features. (s) 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 district and denied to the property owner for which the Minor Variance- is sought; As stated above inItem(r), the granting of the Variance will allow the applicant to provide additional on-site parking as other projects within the Gateway Corporate Center have been able to provide. (t) Granting the Variance is consistent with the General Plan and any applicable specific plan; The proposed 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, 11 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. (u) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. 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. (v) 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), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative -Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. 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, floor plans, elevations, preliminary grading plan, preliminary parking structure and layout, color/materials board collectively labeled _ as Exhibit "A" and dated October 10, 2000, as 12 -- - I. 1 --- -_ uL .,- w- Ilw1,1411....iwu. -- submitted, amended herein and approved by the Planning Commission. 1 (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 construction begins, the applicant shall install- temporary construction fencing pursuant to the' Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building official approves its removal. (d) Prior to the issuance of a building permit, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. The landscape plan shall include plant species, size, quantity, and location. Additionally, the proposed project is required to comply with the City's established Water Efficient Landscape Regulations and will be plan checked accordingly. (e) Prior to the issuance of a grading permit, the applicant shall submit a landscape plan delineating the size, type, and quantity of trees to be removed as a result of building the crib retaining wall and expanding the proposed child daycare yard. This landscape plan shall be reviewed and approved by the City's landscape architect. The applicant shall provide replacement trees at a 3:1 ratio to be placed at an appropriate on-site location or at an appropriate off-site location in other areas of -,- Diamond Bar as determined by the City's Parks Director. The replacement trees shall each be a 1w minimum 24 inch box. 13 (f) on the grading plan, the applicant shall delineate the following: 1) Cut and fill quantities and calculations; 2) All flow lines, finished surfaces, and finished grades; 3) Proper drainage with detailed sketches; 4) Proposed and existing grades; 5) all retaining walls" (indicating top of wall, finished surface and top of footing); and 6) All easements. (g) Prior to the issuance of City permits, a final soils report shall submitted to the Public Works Division for review and approval. (h) Prior to the issuance of any City permits, the applicant shall submit crib wall details .rand calculations for the City's review and approval. (i) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. (j) Prior to the issuance of a building permit, the applicant shall expand the child daycare yard and/or reduce the total number of children accommodated by the child daycare facility to meet the State of California's requirements. The -applicant shall submit plans delineating the expansion of the child daycare yard to be reviewed and approved by the City. (k) Prior to the issuance of a building permit, the applicant shall be required to submit- a detailed elevation of the parking facility for the City's review and approval. (1) Prior to the issuance of a building permit, the applicant shall submit an exterior lighting -plan and a parking lot lighting plan/study complying with the standards in -the Development Code for the City's review and approval. 14 s t (m) All structures shall mee'-the 1998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric code requirements. (n) The minimum design wind pressures -shall be 80 miles -per hour & "C" exposure. (--o) This project shall meet the State Energy Conservation Standards. (p) Surface water shall drain away from building at a 2% minimum slope. ('q) The applicant shall obtain a sep,rate permit for the 15 proposed fountain and any U_ other accessory structures: ("r) Applicant shall obtain Fire department_ approval, for fire code compliance. (-s) 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, µ restrooms, ramps, etc.). The applicant shall submit a plan to the Building and Safety Division - delineating 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. The plan shall _ also delineate path of travel from the curb- to the building. (-t) The applicant shall comply with Planning and Zoning and Building and Safety, and Public Works Divisions' and Fire Department requirements. (u) Prior to commencing operation of the - child daycare ' facility, the applicant shall submit to, but is not _ limited to the following: Los Angeles County Fire Department; the California Department of Social Services, =State Department of Education, and the Los Angeles County Business License Department for review, approval, and licensing. (v) Prior to commencing operation gk--the child daycare facility, --the applicant. -shall submit to the City J evidence of obtaining approvals from the California 15 Department of. Social Services and the Los Angeles County Business License Bureau. (w) Prior to the issuance of a Certificate of;°''';� Occupancy, the applicant shall submit a fence or wall detail for the child daycare facility to be reviewed and approved by the City. (x) Prior to the issuance of a certificate of occupancy, the applicant shall submit a detail of the trash enclosure for the City's review and approval. (y) To ensure compliance with all conditions, the Conditional Use Permit approval shall be subject to periodic review by the Planning Commission. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (z) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (aa) If the Department of Fish and Game determines that Fish and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount 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 pursuant to Fish and Game Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then 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. (bb) Prior to the issuance of any City permits, the applicant shall be assessed a fair share cost for traffic improvements as determined by the City's traffic engineer. 16 Via. 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: Bridge Gate Partners, 5670 Wilshire Boulevard #1240, Los Angeles, CA 90036 and H. T. Greene, 5670 Wilshire Boulevard #1240, Los Angeles, CA 90036. APPROVED AND ADOPTED THIS 10TH DAY OF OCTOBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: �J'ot, Rteve Nelson, Chairman I, James Destafano, 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 10th day of October 2000, by the following vote: AYES: Vice -Chairman Zirbes, Ruzicka, Kuo, Chairman Nelson, Tye NOES: ABSENT: ABSTAIN: BY: James DeStefan6, Secretary 17 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMIESIORM. OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-12, CONDITIONAL USE PERMIT No. 2000-07, AND VARIANCE NO. 2000-06, A REQUEST TO CONSTRUCT A THREE STORY OFFICE BUILDING OF APPROXIMATELY 129,000 SQUARE FEET, CHILD DAYCARE FACILITY OF APPROXIMATELY 5,000 SQUARE FEET WITH A CHILD DAYCARE YARD, PARKING FACILITY, AND CRIB WALL WITH A MAXIMUM HEIGHT OF 13 FEET EXPOSED AND ACCEPTING NEGATIVE DECLARATION NO. 2000- 05. THE PROJECT SITE IS LOCATED AT 1440- -BRIDGE GATE DRIVE, (LOT 16, TRACT NO. 39679), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Bridge Gate Partners, has filed an application for Development -Review No. 2000-12, Conditional Use Permit No. 2000-07, Variance No. 2000-06 and Negative Declaration No. 2000-05 for a property located at 1440 Bridge Gate Drive, Diamond Bar, California, as described above in the title- of this Resolution. Hereinafter, in this Resolution, the subject Development Review, Conditional Use Permit, Variance and Negative Declaration shall be referred to as the "Applicationff. 2. Notification of the public hearing for this project, was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 19, 2000. Public hearing notices were mailed to approximately 17 property owners of record within a 700 foot radius of the project on September 19, 2000. Furthermore, the project site was posted with a display board on September 19, 2000 and displayed for at least 20 days before the public hearing. A notice of public hearing was posted at three public places on September 19, 2000. 3. The Planning Commission of October 10, the City of Diamond Bar on a duly noticed 2000 conducted on the Application. public hearing B. RESOLUTION NOW, THEREFORE, it is found, the Planning determined and resolved by the City of Commission of follows: Diamond Bar as 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. 2000-05 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder,',' pursuant to Section 15070. Furthermore, Negative Declaration No. 2000-05 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 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 hereby finds as follows: (a) The project relates to vacant lot, approximately 4.63 gross acres, with a 158,023 square foot buildable pad, within a commercial business center identified as Gateway Corporate Center. (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 for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. (c) The project- site is within the CommercialManufacturing-Billboard Exclusion -Unilateral Contract (C-M-BE-U/C) Zone. Pursuant to Section 22.06.040 (B), the equivalent applicab'le Development Code standards are found within the OB (Office Business Park) Zoning District. This zoning designation -permits general office uses- by right and child day care facility with a Conditional Use Permit approval. The Unilateral Contract permits a general office use by right and child daycare facility with special processing approval. (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- 1-8,000 Zone. (e) The application request- is- to construct a- three story office building of approximately 129,000 square feet, child daycare facility of approximately 5,000 square feet with a child daycare yard, and parking facility. The request also includes a crib wall with a maximum height of 13 feet exposed DEVELOPMENT REVIEW: (f) 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. The proposed project also provides for the establishment of a child daycare facility, which contributes to the office -based working environment for general offices. The child daycare will cater to office employees only. Pursuant to the General Plan, the proposed office use along with the child daycare facility 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. Furthermore, the design and layout of the proposed development will be consistent with other developments in the Gateway Corporate Center. The proposed design and layout of the proposed crib retaining wall is consistent with 'the General Plan and City Desigh-Guidelines in that this type of wall system helps protect the visual character and quality of the slopes at the project site. The crib retaining walls have a softened design because it is anticipated that plant material will completely mask the appearance of the crib wall. Furthermore, Gateway Corporate Center's architectural committee has approved the walls. With the Variance approval, the retaining walls will be consistent with the development standards of the applicable district. (g) 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 hazards. The proposed project is within the Commercialmanufacturing-Billboard Exclusion -Unilateral Contract (t-M-BE-U/C) Zone, which - permits, , the proposed general office- use by right and child daycare facility with a Conditional Use Permitapproval. The project site is within the established Gateway Corporate Center, which permits general office uses by right and child daycare facility with special processing approval. 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 ImpiE—ct Report reviewed impacts related to traffic and pedestrians-., As a result, the following traffic mitigation measures were required and were installed. I.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. tw, Additionally, a traffic analysis and site plan evaluation prepared by Linscott, Law and Greenspan, dated- July 17, 2000, recommends the following: 1) indicates that the proposed project, at completion and full occupancy, is expected to , generate approximately 1,800 weekday, two-way trips, with 259 trips anticipated during the AM peak commute hour and 256 trips produced during the PM peak commute hour The analysis also considers the projects for Lots 2 and 22.within the Gateway Corporate Center along with the anticipated Farmer Boys restaurant located on the southeast quadrant of Brea Canyon Road at Lycoming Street, approved by the Planning Commission. With this. information, the potential impact of the proposed project was evaluated within the context of cumulative impact of all on-going development. With respect to area traffic improvements, the results of the level of service (LOS) analysis indicate that existing traffic, in combination with future background traffic, will significantly impact Golden Springs Drive and Grand Avenue during the -AM and PM peak hour in Year 2001. However, with the implementation of the following recommended improvements, the proposed project's impact can be improved to an acceptable LOS. 1) Re -stripe the northbound approach on Golden Springs Drive to provide a second left -turn lane; 2) Modify the existing traffic signal phasing to provide a northbound and eastbound right -turn overlap phase. The City's traffic consultant and Public Works Division concurs with the estimated- traffic impact. As part- of this project's conditions approval, the project should be assessed a "fair shareff cost associated with the improvements identified. The City has committed to provide improvements for the project, including a traffic signal installation at the driveway. As mentioned in Item (f), the crib retaining wall helps protect the visual character and quality of the slopes at the project site by incorporating a softened design with plant material that will completely mask the appearance of the crib wall. Furthermore, Gateway Corporate Center's architectural committee has approved the walls. With the Variance approval, the retaining walls will be consistent with the development, standards of 'the applicable district. Furthermore, the expansion of the parking lot 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 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 developed buildings and retaining walls 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 specified development standards. Furthermore, -the proposed project -has received Gateway's architectural committee 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 Development Review, Conditional Use Permit, 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, 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. Q) 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. City permits, inspections, and soils reports are required for- construction to ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. 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. (k) The proposed project 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), Section 15070, the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. CtZ0]LIU]111IsP► Fill WII I=I a4NLVA Ik19 (1) 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. Pursuant to Chapter 22.10, Table 2-5 of the City's Development Code, a child day care facility is permitted in the - Commercial -Manuf acturing-Bi 1 (board Exclusion -Unilateral Contract (C-M-BE-U/C) Zone with a Conditional Use Permit approval_ Therefore, the proposed child day care ' facility requires a Conditional Use Permit approval. Per the City's Development Code, Table 2- 7 of Article II, projects located within the Gateway Corporation Center are subject to any additional development standards contained with the Gateway Corporate Center Design Guidelines. Thus, accordingly, a child day care facility is a permitted use with special processing approval under- the- Unilateral Contract for the Gateway Corporate - Center. As conditioned, the. proposed uses will comply with all other applicable -provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is Office Professional- (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. The proposed project provides for the establishment of a child daycare facility, which contributes to the officebased working environment for general offices'within the General Plan's OP land use designation. The child daycare will cater to office employees only. Therefore, the proposed use is consistent with the General Plan. Additionally, the proposed use was reviewed and approved by the Gateway architectural committee. -As such, the -proposed- use is consistent with the Unilateral Contract. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The child daycare will be built within the parking facility structure. It -is anticipated that the overall architectural style, construction materials, and colors of the parking facility will be consistent and compatible with the existing structures within Gateway Corporate Center and has received the Center's architectural committee's approval. As -a condition of approval, the applicant shall be required to submit a detailed elevation -of the parking facility the City's review and approval prior to the issuance -of any permits issued by the Building and Safety Division. As shown on Exhibit -A", the height does not exceed the height of the main office building or 45 feet. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and the -adopted architectural criteria of the Unilateral Contract of Gateway Corporate Center. As mentioned in Item (o), this project has been conditioned to meet all other agency requirements and additional requirements within the Development Code for operation of the child daycare facility. (o The subject site is phy sically 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. The Development Code establishes standards for the City's review of child daycare facilities, in compliance with State law, and in a manner that recognizes the needs of day care operators and at the same time, minimizes the effects on surrounding properties. These standards apply in addition to the other Development Code provisions regarding parking, noise, etc. As a part of this project's conditions of approval, the following agencies are also required to review, approve, and/or license this application prior to operating for business. The list includes, but is not limited to the Los Angeles County Fire Department, the California Department of Social Services, State Department of Education, and the Los Angeles County Business License Department. (p) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. As mentioned in Item (o), this project has been conditioned to meet all other VARIANCE: and additional , requirements within the Development Code. As a result, the 'conditions will ensure that the proposed child daycare — facility is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety - inspections and approvals are - required for the use of a child daycare facility, 'The inspections and appropriate licenses and operational, conditions listed within this resolution will ensure that the child daycare facility will not be detrimental to the public interest, health, safety, convenience or welfare of the City. r (q) The proposed project 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), Section 15070„'theCity has determined that- a Negative Declaration is required for this project. Negative Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. (r) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this 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-selfcreated, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; Pursuant to Development 22.20.040, retaining walls shall not exceed a height of six feet measured from the finished grade at the base of the wall. The subject request is for a crib wall with a maximum of 13 feet.in exposed height, located along the west side property line. If the proposed retaining walls were constructed from concrete block, the height could be 8 feet or less. However, staff feels the visual impact of a concrete block wall would be a much more harsh design. Whereas, the crib retaining walls have a softened design because it is anticipated that plant material will completely mask the appearance of the crib wall. In order to construct a crib wall, which conforms with the angle of the slope, the maximum height required is 13 feet. The proposed crib wall allows for an additional 23 parking space.% on,the,surface parking lot. A total of 518 parking spaces are required. Although the applicant exceeds the minimum number of parking spaces required, the City encourages the applicant to provide additional parking beyond the minimum to ensure parking availability. Additionally, other lots located within the Gateway Corporate Center have heightened walls. The Planning Commission approved a similar request for a 13 foot high crib wall on Lot 22 for - Allstate Insurance. Without -a Variance approval,, the r applicant is denied the same enjoyment and privileges, which other lots in the same zoning district possess with similar topographic features. (s) 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 district and denied to the property owner for which the Minor Variance- is sought; As stated above in Item (r), the granting of the Variance will allow the applicant to provide additional on-site parking as other projects within the Gateway Corporate Center have been able to provide. (t) Granting the Variance is consistent with the General Plan and any applicable The proposed 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. (u) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience' -or welfare of the City; and City permits, inspections, and soils reports are required for construction to -ensure that the finished product will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity-.- Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. 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, involvementwill 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. (v) 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),- Section 15070,' the City has determined that a Negative Declaration is required for this project. Negative -Declaration No. 2000-05 has been prepared. The Negative Declaration review period began September 19, 2000 and ended October 8, 2000. 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, floor plans, elevations, preliminary grading plan, preliminary parking structure and layout, color/materials board collectively labeled - as Exhibit "All and dated October 10. 2000. as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by - the City to provide collection, transportation, and disposal of so -lid 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 construction begins, the applicant shall install- temporary construction fencing pursuant to the, Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. (d) Prior to the- issuance of a building permit, the applicant shall submit a final landscape/ irrigation plan for the City's review and approval. The landscape plan shall include plant species, size, quantity, and location. Additionally, the proposed project is required to comply with the City's established Water Efficient Landscape Regulations and will be plan checked accordingly. (e) Prior -to the issuance of a grading permit, the applicant shall submit a landscape plan delineating the size, type, and quantity of trees to be removed as a result of building the crib retaining -wall and expanding the proposed child daycare yard. This landscape plan shall be reviewed and approved by the City' -s landscape architect. The applicant shall provide replacement trees at a 3:1 ratio to be placed at an appropriate on-site location or at an appropri ate off-site location in other areas of Diamond Bar as determined by the City's Parks Director. The replacement trees shall each be a minimum 24 inch box. on the grading plan, the- applicant shall delineate the following: 1) Cut and fill quantities and calculations; 2) 3) All flow lines, finished surfaces, and finished grades; 4) 5) Proper drainage with detailed sketches; Proposed and existing - grades; all retaining walls- (indicating top of wall, finished surface and top of footing); and 6) All easements. (g) Prior to the issuance of City permits, report shall submitted a final soils Works to the Public, for review and approval. Division (h)— Prior to the issuance of any City applicant shall submit crib wall calculations for the City's review and permits, the details .--and approval. (i) Any impact of the new structure on the sewage capacity shall be reviewed and approved by the City. Q) Prior to the issuance of a building permit, the applicant shall expand the child daycare yard and/or reduce the total number of children accommodated by the child daycare facility to meet the State of California's requirements. The - applicant- shall submit plans delineating the expansion of the child daycare yard to be reviewed and approved by the city. (k) Prior to the issuance of a building permit, the applicant shall -be required to submit- a detailed elevation of the parking facility for the City's review and approval. (1) Prior to the issuance of a building permit, the applicant shall submit an exterior lighting -plan and a parking lot lighting plan/study complying with the standards in -the Development Code for the City's review and approval. All structures shall me,e the 1-998 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and the 1996 National Electric code requirements. (n) The minimum design wind pressures -shall be 80 miles -per hour & "C" exposure. Surface water shall drain away from building at a 2%. minimum slope. ('q) The applicant shall obtain a sep-qx-ate permit for the proposed fountain and any other accessory structures. (-r) Applicant -shall obtain Fire department approval, for fire code compliance. (z) 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.). The applicant shall submit a plan to the Building and Safety Division delineating 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 p-ercen&. The plan shall also delineate path of travel from the curb -'to- the building L-jt_The applicant shall comply with Planning and Zoning and Building and Safety, -a- nd Public Works Divisions, and Fire Department requirements. _(u) Prior to commencing operation of the -child daycarefacility, the applicant shall submit to, but is not limited to- the following: Los Angeles County Fire Departmenti the California Department of Social Services, --State Department of Education, and the Los Angeles County Business License Department for review, approval, and licensing (v) Prior to commencing operation ok-- the child daycare facility, --the applicant shall submit to the City evidence of obtaining approvals from the California P -TV Department of. Social Services and the Los Angeles County Business License Bureau. (w) Prior to the issuance of a Certificate of 'Occupancy, the applicant shall submit a -fence or wall detail for the child daycare facility to be reviewed and approved by the City. (x) Prior to -the issuance of a certificate of occupancy, the applicant shall submit a detail of the trash enclosure for,the City's review and approval. (y) To , ensure compliance with all conditions, the Conditional Use Permit approval shall be subject to periodic review by the Planning Commission., If noncompliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (z) This grant is valid for two (2) years and shall -be exercised (i.e. construction) within that per 4 od,or this grant shall expire. A one (1) year extensionL may be requested- in writing and submitted to the City 30 days prior to this grant's expiration date. (aa) If the Department of Fish and Game determines that Fish- and Game Code Section 711.2 applies to the approval of this project, then the applicant shall remit to the City a cashier's check, payable to the County Clerk, in the amount 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 pursuant to Fish and Game 'Code Section 711.4 because the project has more than a deminimus impact on fish and wildlife then 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. (bb) Prior to the issuance of any City permits, the applicant shall be assessed a fair share cost for traffic improvements as determined by the City's traffic engineer. 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: Bridge Gate Partners, 5670 Wilshire Boulevard #1240, Los Angeles, CA 90036 and H.T. Greene, 5670 Wilshire Boulevard #1240, -Los Angeles, CA 90036. APPROVED AND ADOPTED THIS 10' DAY OF OCTOBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: gNel.— teve Nelson, Chairman teve I, James Destafano, Secketary, 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 loth meeting of the Planning Commission held on the day of October 2000, by the following vote: AYES: Vice -Chairman Zirbes, Ruzicka, Kuo, Chairman - Nelson, Tye NOES: ABSENT: BY: Secretary