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HomeMy WebLinkAboutPC 2001-04JW1116wp,Jl6L"I l PLANNING COMMISSION RESOLUTION NO. 2001-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEt4 NO. 2000-21, MINOR CONDITIONAL USE PERMIT NO. 2000-21,- AND NEGATIVE DECLARATION NO. 2000-07, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 13,572 SQUARE FEET TO AN EXISTING TWO-STORY LEGAL NONCONFORMING PUBLIC UTILITY TELEPHONE SWITCHING FACILITY OF APPROXIMATELY 12,193 SQUARE FEET FOR A TOTAL OF APPROXIMATELY 25,765 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1041 SOUTH GRAND AVENUE (LOT 12 OF TRACT NO. 40972), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Verizon, and applicant, TDM Architects, Inc., have filed an application for Development Review No. 2000-21, Minor Conditional Use Permit No. 2000-21 and Negative Declaration No. 2000-07 for a property located at 1041 South Grand C� Avenue ALot 12 of Tract No. 40972), Diamond Bar, �w California. Hereinafter, in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Negative Declaration shall be referred to as the "Application." 2. On November 20, and December 12, 2000, 177 property owners within a 500 -feet radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed for at least 20 days before the public hearing. On December 15, 2000, notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Three other sites were posted within the vicinity of the application. 3. On January 9, 2000, The Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 1 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 0 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. 2000-07 have been prepared by the' City of 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. 2000-07 reflects the independent judgment of the City of Diamond Bar. The Negative Declaration review period began December 15, 2000, and ended January 3, 2001. 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 a parcel at 1041 South Grand Avenue, (Lot 12 of Tract No. 40972) Diamond Bar, CA. It is a developed commercial project site located on the southeast corner of Grand Avenue at Montefino Avenue and is approximately 1. 07 acres. It is shaped irregularly, wider at the rear. The site is currently developed with a 12,193 square foot, two-story legal non- conforming telephone switching facility building. It is legal nonconforming due to the front setback. Parking is provided on-site and access 2 to the commercial, -,development is provided off Montefino Avenue. (b) The project site has a General Plan land use 4., designation of Professional Office (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 Unlimited Commercial - Billboard Exclusion (C -3 -BE) Zone. This zoning designation permits general office uses and Public Utility Facilities. (d) Generally, the following zones surround the subject site: to the north is R-3-8000 and R-1-8000 residential zone; to the northeast is the C -3 -BE zone; and to the northwest and south is the RPD -8000 residential zone. s— a (e) The application request is to construct an addition of approximately 13,572 square feet to an existing legal nonconforming, 12,193 square feet, two-story Public Utility Telephone Switching Facility. The proposed expansion adds square footage to the existing structure but does not- modify the existing architectural style or change the use from that existing. 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 existing project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements of the adopted General Plan of July 25, 1995, which has a land use designation of Professional Office (OP). The proposed project 3 enlarges an existing Public Utility Telephone Switching facility. The General Plan Professional Office (OP) land use designation is - for an office based, working environment for IY;ru general offices as well as support uses. The design and layout of the proposed development will be consistent with the existing developed site. The proposed structure complies with the City's General Plan objectives and strategies related to commercial properties. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code with approved application for the Minor Conditional Use Permit. There is no specific or additional community planned development for the site. (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 Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone, which permits the proposed expansion of the Public Utility Telephone Switching Facility use. The existing use was reviewed and approved with the original approval processed by Los Angeles County. Though the proposed project enlarges the existing facility, its use is for an expansion of equipment. Generally, the facility's hours of operation are from 7 a.m. to 7 p.m. when the site is manned with 3-5 employees. From 7 p.m. to 7 a.m., the facility is not manned. The expanded structure and use are not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not 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 and 4 J1.1116.1A 11 �4, A06 materials of the existing structure that was originally reviewed and approved by Los Angeles County. The colors have been changed and are compatible with surrounding development. The architectural - style is Aztec with materials, textures and colors that complement this style. Therefore, the proposed expansion will be compatible- with 'the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by the City's Development Review requirements and General Plan. There is no specific or additional community planned development for the site. (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. A project colors/materials board has been provided. The colors, materials, and textures ,— proposed are complimentary to the existing homes and commercial properties within the area while offering variety. 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. (j) 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 5 proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. IM M (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. 2000-07 has been prepared. The Negative Declaration review period began December 15, 2000, and ended January 3, 2001. STRUCTURES (1) The addition, enlargement, extension, reconstruc- tion, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. The proposed project is an addition of approximately 13,572 square feet at the side and rear of the existing structure, adding space for more Digital Subscriber Line (DSL) and/or telephone switching equipment. The existing structure's architectural design is compatible with the architectural style of homes "and commercial properties in the vicinity and is consistent with the City's Design Guidelines and Development Code. The materials and colors are compatible. (m) The addition, enlargement, "extension, reconstruc- tion, relocation or structural alteration of the nonconforming structure would not result in'the structure becoming inconsistent with the General Plan and any applicable specific plan. The project site, currently developed with a two- story, legal" nonconforming, Public Utility Telephone Switching Facility, was established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1995, has a n. land use designation :eif Professional Office (OP) for the project site. By not encroaching further into the setbacks than the comparable portions of - the existing structure, the proposed project -, complies with the City's General Plan objectives and strategies related to commercial projects. The proposed project is consistent with the City's General Plan objectives and strategies, City Design Guidelines, and with the approval of a Minor Conditional Use Permit the City's Development Code. There is no applicable specific plan. (n) The addition, enlargement, extension, reconstruc- tion, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing parcel was approved by Tract Map No. 40972, Lot 12 as 1.07 acres. The existing structure was completed with Building Permit No. 4983 and Certificate of Occupancy was issued December 15, 1982. This was processed with the Los Angeles County Code meeting the required setbacks of that Code. The current Diamond Bar Development Code requires the front setback to be 10 feet. The application is considered a nonconforming structure. This is defined as any parcel or structure that was legally created or constructed prior to the November 3, 1998, adoption of the current Diamond Bar Development Code, and which does not conform to current code provisions/ standards prescribed. for the zoning district in which the use is located. The front setback of nine feet is nonconforming. The proposed project conforms to the applicable provisions of this Development Code relating to nonconforming structures and changes to or expansion thereof. Namely, the exterior limits of the conversion/ remodel do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure. 7 (o) The addition, enlargement, extension, reconstruc- tion, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. As stated in Item 4 (e)- (j), the addition, enlargement, extension, reconstruction, re- location or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. (p) The addition, enlargement, extension, reconstruc- tion, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Item 4 (e) -(j), the addition, enlargement, extension, reconstruction, re- location or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. MINOR CONDITIONAL USE PERMIT (q) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all, other applicable provisions of this Development Code and the Municipal Code. The proposed use is allowed in the C -3 -BE Zone. The existing use is a Public Utility Telephone Switching Facility. The application is an addition of approximately 13,572 square feet at the side and rear of the existing.structure. The existing structure is considered nonconforming. The granting of the permit will allow the applicant expansion of the structure and will not encroach further into the setbacks than the comparable portions of the existing structure. The proposed application complies with all other applicable provisions of the Development Code. 3 _ (r) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item 4(e), the proposed use is consistent with the General Plan and there is no applicable specific plan. (s) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Item 4(f), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (t) The subject site is physically suitable for the type and density/ intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items 4(e) -(j), the addition of additional square footage to the existing Public Utility Telephone Switching Facility that does not encroach further into the setbacks than the comparable portions of the existing structure, is suitable for the type and density/ intensity of use, access, utilities, compatibility with -adjoining land uses and the absence of physical constraints. (u) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. As stated in Item 4(j), granting_ the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. 9 (v) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 01111a 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. 2000-07 has been prepared. The Negative Declaration review period began December 15, 2000, and ended January 3, 2001. 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 plan, roof plan, elevations, and colors/materials board collectively labeled as Exhibit "A" and dated January 9, 2001, as submitted and approved by the Planning Commission, as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and 01 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 insure 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. u� 10 (d) The Applicant shall ffbVide temporary sanitation facilities while under construction. (e) Prior to Building Permit issuance, the applicant shall submit a landscape/irrigation plan delineating the type of planting materials, color, size, quantity and location, for review and approval by the Planning Division. The revised plans shall include dense landscaping with mature trees for immediate coverage and shrubs in addition to those shown on the site plan to minimize the visual impact of the structure on both Montefino Drive and Grand Avenue. Also, the plans shall include planters and trees at the edge of the new parking lot area. (f) Prior to Building Permit issuance, the Applicant shall submit to the Planning Division for review and approval a revised parking lot layout to include 26 feet drive aisles. (g) The landscaping/irrigation shall be installed q' prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (h) A grading and retaining wall plan review and approval shall be required in accordance with the City's Public Works requirements. The following shall be delineated on the grading and retaining wall plan: 1. Cut and fill quantities and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. Proper drainage with detailed sketches; 4. Proposed and existing grades; 5. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 6. Clearly delineate all easements (i.e., Flood --< Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed of wood or wood products; 11 8. Retaining walls shall be required to be (i ) Prior to the issuance of a grading permit by the Public Works Division, 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 also incorporate a Phase One Environmental analysis for the underground storage tank change -out for the Building and Safety Division and building permit. (j) The entire project shall comply with noise standards set forth in the City's Development Code, Chapter 22.28, adopted in 1998, and the project shall not exceed noise decimal readings of 45 dBA for nighttime periods (10:00 p.m. to 7:00 a.m.) and 50 dBA for daytimeu periods (7:00 a.m. to 10:00 p.m.) for all uses and equipment. 12 ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted yiu with, retaining walls (APWA Standard_ is not applicable); 10. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wail; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet. 11. All grading shall be subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 12. Erosion Control plan shall be submitted for permits issued October 1 to April 15. 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; 13. Hydrology calculations showing capacity of �. Ia; proposed drainage devices as well as existing drainage structures on site shall be reviewed and approved by Public Works Division. (i ) Prior to the issuance of a grading permit by the Public Works Division, 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 also incorporate a Phase One Environmental analysis for the underground storage tank change -out for the Building and Safety Division and building permit. (j) The entire project shall comply with noise standards set forth in the City's Development Code, Chapter 22.28, adopted in 1998, and the project shall not exceed noise decimal readings of 45 dBA for nighttime periods (10:00 p.m. to 7:00 a.m.) and 50 dBA for daytimeu periods (7:00 a.m. to 10:00 p.m.) for all uses and equipment. 12 (k) The roof -mounted equipment shall be hidden behind roof parapet, not to be visible from surrounding streets, driveways, or adjacent buildings on a horizontal sight line. The screen will be constructed of sound proofing materials to comply with the Diamond Bar Development Code, Chapter 22.28 for noise. (1) Prior to the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the Planning Division's review and approval. (m) Prior to the issuance of a building permit, the applicant shall submit a final detail of the trash/recycle bin enclosure for the Planning Division's review and approval. This shall include placement for a recycle bin. (n) The structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. liIT (o) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (p) 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. (q) Prior to issuance of any City permits, applicant shall submit plans to Los Angeles County Fire Department for their review and approval. (r) Applicant shall follow regulations for the storage of hazardous materials pursuant to the Uniform Building Code Section 307 for Group H Occupancy. (s) .Any future change in use of land for the subject r. a- site -'shall require City review and approval for compliance with City Codes. 13 (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 u4rl ' Interim 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 to the Department: of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy- of this Resolution, by certified mail to: Verizon, One Verizon Way, Thousand Oaks, CA 91362 and TDM Architects, Inc., 930 Colorado Boulevard, Los Angeles, CA 90041. 14 APPROVED AND ADOPTED THIS 9th DAY OF JANUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, James DeStefano, Interim 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 9th day of January 2001, by the following vote: AYES: Tye, V/C Zirbes, Kuo, Ruzicka, Chair Nelson NOES: _ ABSENT: ABSTAIN: BY: Jam s DeStefan Secretary 15 11 wJ 11 1.4 . 4 4-4. PLANNING COMMISSION RESOLUTION NO. 2001-04 OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-21, MINOR. CONDITIONAL USE PERMIT NO. 2000-21, AND NEGATIVE DECLARATION NO. 2000-07, A REQUEST TO CONSTRUCT AN ADDITION OF APPROXIMATELY 13,572 SQUARE FEET TO AN EXISTING TWO-STORY LEGAL NONCONFORMING PUBLIC UTILITY TELEPHONE SWITCHING FACILITY OF APPROXIMATELY 12,193 SQUARE FEET FOR A TOTAL OF APPROXIMATELY 25,765 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 1041 SOUTH GRAND AVENUE (LOT 12 OF TRACT NO. 40972), -DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Verizon, and applicant, TDM Architects, Inc., have filed an application for Development Review No. 2000-21, Minor Conditional Use Permit No. 2000-21 and Negative Declaration No. 2000-07 for a property located at 1041 South Grand Avenue ALot 12 of Tract No. 40972), Diamond Bar, California. Hereinafter, in this Resolution, the subject Development Review, Minor Conditional use Permit, and Negative Declaration shall be referred to as the "Application." 2. On November 20, and December 12, 2000, 177 property owners within a 500 -feet radius of the project site were notified by mail and a notice of public hearing on a display board was posted at the site and displayed for at least 20 days before the public hearing. On December 15, 2000, notification of the public hearing for this project was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Three other sites were posted within the vicinity of the application. 3. On January 9, 2000, The Planning Commission of the City of Diamond Bar 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. 2000-07 have been prepared by the City of 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. 2000-07 reflects the independent judgment of the City of Diamond Bar. The Negative Declaration review period began December 15, 2000, and ended January 3, 2001. 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 s -et 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 a parcel at 1041 South Grand Avenue„- (Lot 12 of Tract No. 40972) DiamondBar, CA. it is a developed commercial project site located on the southeast corner of Grand Avenue at Montefino Avenue and is approximately 1. 07 acres. It is shaped irregularly, wider at the rear. The site is currently developed with a 12,193 square - foot, two-story legal nonconforming telephone switching facility building. It is legal nonconforming due to the front setback. Parking is provided on-site and access to the commercial, -C,- development is provided off Montefino Avenue. (b) The project site has a General Plan land use designation of Professional office (OP). Pursuant to the General Plan, this land use designation provides the establishment of officebased working environments for general, professic—nal, 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 Unlimited CommercialBillboard Exclusion (C -3 -BE) Zone. This zoning designation permits general office uses and Public Utility Facilities. (d) Generally, the following zones surround the subject site: to the north is R-3-8000 and R-1-8000 residential zone; to the northeast is the C -3 -BE zone; and to the northwest and south is the RPD -8000 residential zone. (e) The application request is to construct an addition of approximately 13,572 square feet to an existing legal nonconforming, 12,193 square feet, two-story Public Utility Telephone Switching Facility. The proposed expansion adds square footage to the existing structure but does not- modify the existing architectural style or change the use from that existing. 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 existing project site was established before the adoption of the City's General Plan. However, the proposed project complies with the elements o f the adopted General Plan of July 25, 1995, which has a land use designation of Professional Office (OP) The proposed project enlarges an existing Public Utility Telephone Switching facility. The General Plan Professional Office (OP) land use designation is for an office based , working environment for general offices as well as support uses. The design and layout of the proposed development will be consistent with the existing developed site. The proposed structure complies with the City's General Plan objectives and strategies related to commercial properties. The structures and placement on the parcel conform to the site coverage, setback, and height criteria of the Diamond Bar Development Code with approved application for the Minor Conditional Use Permit. There is no specific or additional community planned development for the site. (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 Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone, which permits the proposed expansion of the Public Utility Telephone Switching Facility use. The existing use was reviewed and approved with the original approval processed by Los Angeles County. Though the proposed project enlarges the existing facility, its use is for an expansion of equipment. Generally, the facility's hours of operation are from 7 a.m. to 7 p.m. when the site is manned with 3-5 employees. From 7 p.m. - to 7 a.m., the facility is not manned. The expanded structure and use are not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not 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 and materials- of the existing structure that was originally reviewed and approved by Los Angeles County. The colors have been changed and are compatible with surrounding development. The architectural - style is Aztec with materials, textures and colors that complement this style. Therefore, the proposed expansion will be compatible- with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by the City's Development Review requirements and General Plan. There is no specific or additional community planned development for the site. 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. A project colors/materials board has been provided. The colors, proposed are complimentary to the existing homes and commercial properties within the area while offering variety. 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. (j) 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. (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 the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-07 has been prepared. The Negative Declaration review period began December 15, 2000, and ended January 3, 2001. NONCONFORMING 1) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood. The proposed project is an addition of approximately 13,572 square feet at the side and rear of the existing structure, adding space for more Digital Subscriber Line (DSL) and/or telephone switching equipment. The existing structure's architectural design is compatible with the architectural style of homes , -and commercial properties in the vicinity and is consistent with the City's Design Guidelines and Development Code. The materials and colors are compatible. (m) The addition, enlargement, -extension, reconstruc tion, relocation or structural alteration of the nonconforming structure would not result in 'the structure becoming inconsistent with the General Plan and any applicable specific plan. The project site, currently developed with a twostory, legal - nonconforming, Public utility Telephone Switching Facility, was established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1995, has a land use designation -- (off Prof essional Of f ice (OP) for the project site. By not encroaching further into the setbacks than the comparable portions of the existing structure, the proposed project complies with the City's General Plan objectives and strategies related to commercial projects. The proposed project is consistent with the City's General Plan objectives and strategies, City Design Guidelines, and with the approval of a Minor Conditional Use Permit the City's Development Code. There is no applicable specific plan. (n) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code. The existing parcel was approved by Tract Map No. 40972, Lot 12 as 1. 07 acres. The existing structure was completed with Building Permit No. 4983 and Certificate of Occupancy was issued December 15, 1982. This was processed with the Los Angeles County Code meeting 'the required setbacks of that Code. The current Diamond Bar Development Code requires the front setback to be 10 feet. The application is considered a nonconforming structure. This is defined as any parcel or structure that was legally created or constructed prior to the November 3, 1998, adoption of the current Diamond Bar Development Code, and which does not conform to current code provisions/ standards prescribed. for the zoning district in which the use is located. The front setback of nine feet is nonconforming. The proposed project .a conforms to the applicable provisions of this Development Code relating to nonconforming structures and changes to or expansion thereof. Namely, the exterior limits of the conversion/remodel do not exceed the applicable height limit or encroach further into the setbacks than the comparable portions of the existing structure. (o) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. As stated in Item 4 (e) - Q) , the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. (p) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Item 4 (e) -(j), the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. LVA IIL1 Is] :ZtZ9]L1U]hIIs] L1FA W1)N=11111»:7LVA 1111 (q) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all, other applicable provisions of this Development Code and the Municipal Code. The proposed use is allowed in the C -3 -BE Zone. The existing use is a Public Utility Telephone Switching Facility. The application is an addition of approximately 13,572 square feet at the side and rear of the existing.structure. The existing structure is considered nonconforming. The granting of the permit will allow the applicant expansion of the structure and will not encroach further into the setbacks than the comparable portions of the existing structure. The proposed application complies with all other applicable provisions of the Development Code. The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Item 4(e), the proposed use is consistent with the General Plan and there is no applicable specific plan. (s) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Item 4(f), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (t) The subject site is physically suitable for the type and density/ intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items 4(e) -Q), the addition of additional square footage to the existing Public Utility Telephone Switching Facility that does not encroach further into the setbacks than the comparable portions of the existing structure, is suitable for the type and density/intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (u) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. As stated in Item 40), granting - the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. (v) 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 the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 2000-07 has been prepared. The Negative Declaration review period began December 15, 2000, and ended January 3, 2001. 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 plan, roof plan, elevations, and colors/materials board collectively labeled as Exhibit "A" and dated January 9,- 2001, as submitted and approved by the Planning Commission. as amended herein. (b) The subject site shall be maintained in a condition that 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 insure 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. HE (d) The Applicant shall abVide temporary sanitation facilities while under construction. (e) Prior to Building Permit issuance, the applicant shall submit a landscape/irrigation plan delineating the type of planting materials, color, size, quantity and location, for review and approval by the Planning Division. The revised plans shall include dense landscaping with mature trees for immediate coverage and shrubs in addition to those shown on the site plan to minimize the visual impact of the structure on both Montefino Drive and Grand Avenue. Also, the plans shall include planters and trees at the edge of the new parking lot area. (f) Prior to Building Permit issuance, the Applicant shall submit to the Planning and approval a revised parking lot layout to include 26 feet drive aisles. (g) The landscaping/irrigation shall be installed prior to the Planning Division's final inspection or Certificate of Occupancy issuance. Any walls, etc., that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (h) A grading and retaining wall plan review and approval shall be required in accordance with the City's Public Works requirements. The f oll owing shall be delineated on the grading and retaining wall plan: 1. Cut and fill quantities and earthwork calculations and export location; 2. All flow lines, finished surfaces, and finished grades; 3. -Proper drainage with,detailed sketches; 4. Proposed and existing grades; 5. Sign/stamped by a civil engineer, geotechnical engineer and geologist; 6. Clearly delineate all easements (i.e., Flood Hazard Area and Recreation Easements); 7. Retaining walls shall not be constructed of wood or wood products; 8. Retaining walls shall be required to be ornamental by using stucco or decorative block; 9. Engineered calculations shall be submitted with, retaining walls (APWA Standard is not applicable); 10. Indicate retaining wall locations on grading plan with standard detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (e) Retaining walls exposed height shall not exceed six feet. 11. All grading shall be subject to Development Code Sections 22.16.030 (Air Emissions) and Section 22.28 (Noise); 12. Erosion Control plan shall be submitted for permits issued October I to April 15. 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; 13. Hydrology calculations showing capacity of proposed drainage devices as well as existing drainage structures on site shall be reviewed and approved by Public Works Division. Prior to the issuance of a grading permit by the Public Works Division, 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 also incorporate a Phase One Environmental analysis for the underground storage tank change -out for the Building and Safety Division and building permit. 0) The entire project shall comply with noise standards set forth in the City's Development Code, Chapter 22.28, adopted in 1998, and the project shall not exceed noise decimal readings of 45 dBA for nighttime periods (10:00 p.m. to 7:00 a.m.) and 50 dBA for daytime periods (7:00 a.m. to 10:00 p.m.) for all uses and equipment. 12 (k) The roof -mounted equipment shall be hidden behind roof parapet, not to be visible from surrounding streets, driveways, or adjacent buildings on a horizontal sight line. The screen will be constructed of sound proofing materials to comply with the Diamond Bar Development Code, Chapter 22.28 for noise. (1) Prior to the issuance of any City permits, the applicant sha 11 submit an exterior lighting plan/study for the Planning Division's review and approval. (m) Prior to the issuance of a building permit, the applicant shall submit a final detail of the trash/recycle bin enclosure for the Planning Division's review and approval. This shall include placement for a recycle bin. (n) The structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (o) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (p) 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. (q) Prior to issuance of any City permits, applicant shall submit plans to Los Angeles County Fire Department for their review and approval. (r) Applicant shall follow regulations for the storage of - hazardous materials - pursuant to the Uniform Building Code Section 307 for Group H Occupancy. (s) -Any future change in use of land for the subject site 'shall require City review and approval for compliance with City Codes. 13 (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 Interim 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 purp ose 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 $25.0-0 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 to the' Department: of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy- of this Resolution, by certified mail to: Verizon, One Verizon Way, Thousand Oaks, CA 91362 and TDM Architects, Inc., 930 Colorado Boulevard, Los Angeles, CA 90041. 14 APPROVED AND ADOPTED THIS 9t -h DAY OF JANUARY 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: StE— hairman I, James DeStefano, that the Interim City Manager, do hereby certify Resolution was duly foregoing and adopted by the introduced, passed Diamond Bar, at Commission Planning Commission of the City of a regular meeting of the held on following vote: Planning the 9th day of January 2001, by the AYES: Tye, V/C Zirbes, Kuo, Ruzicka, Chair Nelson NOES: ABSENT: ABSTAIN: BY: --sDeStefa —,Se( Jam s DeStefa Secretary 15