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HomeMy WebLinkAboutPC 2002-10A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 2000-07(l), DEVELOPMENT REVIEW NO. 2000-12(l), A REQUEST TO CHANGE THE WROUGHT IRON FENCING, A PROJECT FEATURE SPECIFICALLY ADDRESSED BY THE PLANNING COMMISSION, TO CHAIN LINK FENCING FOR THE ON-SITE CHILD DAY CARE FACILITY PLAY YARD. THE PROJECT SITE IS LOCATED AT 1440 BRIDGE GATE DRIVE, (LOT 16, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Bridge Gate Partners, LP has filed an application for Conditional Use Permit No. 2002-07 (1), Development Review No. 2000-12 (1) and categorical exemption for a property located at 1440 Bridge Gate Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application". 2. On April 23, 2002, the Planning Commission of the City of Diamond Bar, conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was concluded. 3. On April 5, 2002, the project site was posted with the required display board and the public notice was posted in three public places. On April 8, 2002, public hearing notices were mailed to approximately 26 property owners of record within a 500 -foot radius of the project. On April 11, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 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. PLANNING COMMISSION RESOLUTION NO. 2002-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 2000-07(l), DEVELOPMENT REVIEW NO. 2000-12(l), A REQUEST TO CHANGE THE WROUGHT IRON FENCING, A PROJECT FEATURE SPECIFICALLY ADDRESSED BY THE PLANNING COMMISSION, TO CHAIN LINK FENCING FOR THE ON-SITE CHILD DAY CARE FACILITY PLAY YARD. THE PROJECT SITE IS LOCATED AT 1440 BRIDGE GATE DRIVE, (LOT 16, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Bridge Gate Partners, LP has filed an application for Conditional Use Permit No. 2002-07 (1), Development Review No. 2000-12 (1) and categorical exemption for a property located at 1440 Bridge Gate Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and categorical exemption shall be referred to as the "Application". 2. On April 23, 2002, the Planning Commission of the City of Diamond Bar, conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was concluded. 3. On April 5, 2002, the project site was posted with the required display board and the public notice was posted in three public places. On April 8, 2002, public hearing notices were mailed to approximately 26 property owners of record within a 500 -foot radius of the project. On April 11, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 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 project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 2000-05 adopted on October 10, 2000. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed project is not a substantial change to the previously approved project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is within Gateway Corporate Center, a 233 -acre mixed development of mainly office -professional and light manufacturing. The project site is approximately 4.63 gross acres. On October 10, 2000, the Planning Commission approved a development project that would allow the construction of a three-story office building of approximately 129,000 square feet with a child day care facility of approximately 5,000 square feet and child day care, play yard, and parking facility. Additionally, a retaining wall with a maximum exposed height of 13 feet was approved. Presently, construction is completed. The office building has a temporary Certificate of Occupancy with Administaff occupying the first floor and Daycor's tenant improvement under construction on the second floor. The parking garage is soon ready for a Certificate of Occupancy. The child day care facility is ready for a Certificate of Occupancy after the fencing issue is resolved. (b) The project site has a General Plan land use designation of Professional Office (OP) which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. K (c) The project site is within the Commercial Manufacturing -Billboard Exclusion-Unilateral/Contract (C-M-BE-U/C) Zone. This zoning ' designation permits general office uses by right and child day care facilities with a Conditional Use Permit approval. (d) Generally, the following zones and uses surround the project site: to the north and east is the C-M-BE-U/C Zone; to the west is the Orange (SR 57) Freeway; and south is the R-1-8, 000. (e) The Application request is to change the Planning Commission approved wrought iron fencing to chain link fencing for the on-site child day care facility play yard. Prior to processing this request, the applicant has installed the chain link fencing. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). On October 10, 2000, the Planning Commission approved the development project under review. At that time, the design and layout of the development project was consistent with the applicable elements of the City's General plan, side guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special themes (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit 'A" dated October 10, 2000. The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guidelines, nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the I site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. 3 (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As stated above in Item (f), the Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit `A'° The applicant's request to install chain link fencing instead of wrought iron fencing will interfere with the use and enjoyment of neighboring existing or future development because that the chain link fencing is not in keeping with the City's adopted Design Guidelines. It is not compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. However, it 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 the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review standards, City Design Guidelines and the City's General Plan. As also referenced in Items (f) and (g) above the proposed chain link fencing which .the applicant has installed will not be consistent and compatible with the architectural design, materials, and colors of the commercial development within the area. Therefore, the proposed chain link fencing will not be compatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements, Design Guidelines and General Plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 2 As referenced in the above in Items (f), (g) and (h), the chain link fencing will not 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. Q) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and As referenced above in Items (f), (g), (h), and (i), the chain link fencing will have a negative affect on the subject propertyand property values in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 2000-05 adopted on October 10, 2000. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed project is not a substantial change to the previously approved project, thereby causing significant environmental effects or ' a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required. 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 other applicable provisions of the Development Code and the Municipal Code; On October 10, 2000, the Planning Commission approved the development project under review. At that time, it was found that the proposed uses were consistent with the subject zoning district and complied with all the applicable provisions of the Development Code and the Municipal Code. The project's original Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit 'A" dated October 10, 2000. The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is ' not in keeping with the City's adopted Design Guidelines, nor is it compatible with the architectural style or materials utilized for the 5 office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. As a result, the chain link fencing does not comply with will applicable provisions (Design Guidelines) of the Development Code. (m) The proposed use is consistent with the General Plan and any applicable specific plan; There is no specific plan for the project area. As referenced in Item (f) above, the approved project is consistent with the General Plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As also referenced in Item (f) above, on October 10, 2000, the Planning Commission approved this original project and the design, location, size and operating characteristics of the use were reviewed and deemed compatible with the existing and future land uses in the vicinity. However, with the project's original Planning Commission approval, which included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit `A': The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guidelines, nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. in this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. (o) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; N As "referenced in Item (f) and (g), it was decided by the Planning ' Commission approval of October 10, 2000, that the project site is physically suitable to the proposed project. Access has been reviewed in a traffic impact study prepared by Associated Traffic Consultants and the City's traffic engineer/Public Works Division. The access was deemed adequate. Utility hook-ups were available and the approved development project was constructed. However, the applicant has installed chain-link fencing that was not approved by the Planning Commission. (p) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; The Planning Commission Conditional Use Permit approval of October 10, 2000, was deemed not to be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. However, the Planning Commission did not approve the chain-link fencing that the applicant has installed for the child day care play area. As referenced above, in Item (f), the ' chain-link fencing could be considered detrimental to the public interest. D 5. Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application request to installed chain-link fencing for the child day care facility play yard. (a) This grant is valid within ten (10) days of this approval, which is at the end of the appeal period. At that time, the applicant shall remove the existing chain-link fencing and install the wrought iron fencing for the child day care facility play yard.. (b) The permittee and owner of the property involved (if other than the permittee) shall pay all fees within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department along with their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 7 (c) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Bridge Gate Properties, 5670 Wilshire Boulevard, #1240, Los Angeles, CA 90036. APPROVED AND ADOPTED THIS 23RD OF APRIL 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ru icka Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of April 2002, by the following vote: AYES: Tye, Nelson, Nolan, Tanaka, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: Jain s DeStefan6, Secretary 0 !PLANNING COMMISSION A RESOLUTION OF THE PLANNING CITY OF DIAMOND BAR DENYING CON N0.2000-07(1), DEVELOPMENT REVI REQUEST TO CHANGE THE WROUG PROJECT FEATURE SPECIFICALLY PLANNING COMMISSION, TO CHAIN LI ON-SITE CHILD DAY CARE FACILII PROJECT SITE IS LOCATED AT 1440 ESOLUTION NO. 2002-10 A. RECITALS. OMMISSION OF THE ITIONAL USE PERMIT W N0.2000 -12(i), A T IRON FENCING, A DDRESSED BY THE K FENCING FOR THE PLAY YARD. THE ;RIDGE GATE DRIVE, 1. The property owner/applicant Bridge Gate Partners, LP has filed an application for Conditional Use Permit No. 2002-07 (1), Development Review No. 2000- 12 (1) and categorical exemption for a property located at 1440 Bridge Gate Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, )evelopment Review and categorical exemption shall be referred to as the "Application". 2. On April 23, 2002, the Planning Commission of the City of Diamond Bar, conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was concluded. 3. On April 5, 2002, the project site was posted with the required display board and the public notice was posted in three public places. On April 8, 2002, public hearing notices were mailed to approximately 26 property owners of record within a 500 -foot radius of the project. On April 11, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 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 project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 2000-05 adopted on October 10, 2000. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed project is not a substantial change to the previously approved project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required: 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is within Gateway Corporate Center, a 233 -acre mixed development of mainly office -professional and light manufacturing. The project site is approximately 4.63 gross acres. On October 10, 2000, the Planning Commission approved a development project that would allow the construction of a three-story office building of approximately 129,000 square feet with a child day care facility of approximately 5,000 square feet and child day care, play yard, and parking facility. Additionally, a retaining wall with a maximum exposed height of 13 feet was approved. Presently, construction is completed. The office building has a temporary Certificate of Occupancy with Administaff occupying the first floor and Daycor's tenant improvement under construction on the second floor. The parking garage is soon ready for a Certificate of Occupancy. The child day care facility is ready for a Certificate of Occupancy after the fencing issue is resolved: (b) The project site has a General Plan land use designation of Professional Office (OP) which 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. This zoning designation permits general office uses by right and child day care facilities with a Conditional Use Permit approval. (d) Generally, the following zones and uses surround the project site: to the north and east is the C-M-BE-U/C Zone; to the west is the Orange (SR 57) Freeway; and south is the R-1-8, 000. (e) The Application request is to change the Planning Commission approved wrought iron fencing to chain link fencing for the on-site child day care facility play yard. Prior to processing this request, the applicant has installed the chain link fencing. DEVELOPMENT REVIEW (f) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plaits, boulevards or planned developments). On October 10, 2000, the Planning Commission approved the development project under review. At that time, the design and layout of the development project was consistent with the applicable elements of the City's General plan, side guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special themes (e.g., theme areas, specific plans, community plans, boulevards or planned The Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit A" dated October 10, 2000. The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guidelines; nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As stated above in Item (f), the Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit W. The applicant's request to install chain link fencing instead of wrought iron fencing will interfere with the use and enjoyment of neighboring existing or future development because that the chain link fencing is not in keeping with the City's adopted Design Guidelines. It is not compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. However, it will (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review standards, City Design Guidelines and the City's General Plan. As also referenced in Items (f) and (g) above the proposed chain link fencing which the applicant has installed will not be consistent and compatible with the architectural design, materials, and colors of the commercial development within the area. Therefore, the proposed chain link fencing will not be compatible with the character of the surrounding neighborhood and will not maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements, Design Guidelines and General Plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials; texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 0 As referenced in the above in Items (f), (g) and (h), the chain link fencing will not 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. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and As referenced above in Items (f), (g), (h), and (i), the chain link fencing will have a negative affect on the subject property and property values in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The Planning Commission hereby finds that the project identified above in this Resolution is consistent with the previously prepared Negative Declaration No. 2000-05 adopted on October 10, 2000. Pursuant to CEQA Section 15162 (a), the City has determined that the proposed project is not a substantial change to the previously approved project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, further environmental review is not required. 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 other applicable provisions of the Development Code and the Municipal Code; On October 10, 2000, the Planning Commission approved the development project under review. At that time, it was found that the proposed uses were consistent with the subject zoning district and complied with all the applicable provisions of the Development Code and the Municipal Code. The project's original Planning Commission approval included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit 'A" dated October 10, 2000. The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guidelines, nor is it compatible with the architectural style or materials utilized for the 5 office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site; it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. As a result, the chain link fencing does not comply with will applicable provisions (Design Guidelines) of the Development Code. (m) The proposed use is consistent with the General Plan and any applicable specific plan; There is no specific plan for the project area. As referenced in Item (f) above, the approved project is consistent with the General Plan. (n) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As also referenced in Item (f) above, on October 10, 2000, the Planning Commission approved this original project and the design, location, size and operating characteristics of the use were reviewed and deemed compatible with the existing and future land uses in the vicinity. However, with the project's original Planning Commission approval, which included a feature, wrought iron fencing for the child day care facility, specifically addressed in Exhibit "A The applicant is requesting to change the approved wrought iron fencing to chain link fencing. The City does not support the requested change because Staff believes that the chain link fencing is not in keeping with the City's adopted Design Guidelines, nor is it compatible with the architectural style or materials utilized for the office building/parking/child day care facility. It is obtrusive and does not promote visual continuity. According to the City's Design Guidelines, chain link fencing should not be utilized where visible from public streets, on-site major circulation aisles, adjacent residential uses or pedestrian areas. In this case, it is visible from Bridge Gate Drive when driving by, walking by or entering the site. When entering the site, it is straight ahead, the first object the eye focuses on and located on a major circulation aisle. (o) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 9 As "referenced in Item (f) and (g), it was decided by the Planning Commission approval of October 70, 2000, that the project site is physically suitable to the proposed project. Access has been reviewed in a traffic impact study prepared by Associated Traffic Consultants and the City's traffic engineer/Public Works Division. The access was deemed adequate. Utility hook-ups were available and the approved development project was constructed. However, the applicant has installed chain-link fencing that was not approved by the Planning Commission: (p) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; The Planning Commission Conditional Use Permit approval of October 10, 2000, was deemed not to be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. However, the Planning Commission did not approve the chain-link fencing that the applicant has installed for the child day care play area. As referenced above, in Item (f), the chain-link fencing could be considered detrimental to the public interest. 5: Based on the findings and conclusions set forth above, the Planning Commission hereby denies the Application request to installed chain-link fencing for the child day care facility play yard. (a) This grant is valid within ten (10) days of this approval, which is at the end of the appeal period. At that time, the applicant shall remove the existing chain-link fencing and install the wrought iron fencing for the child day care facility play yard. (b) The permittee and owner of the property involved (if other than the permittee) shall pay all fees within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department along with their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 1 (c) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines 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 Properties, 5670 Wilshire Boulevard, #1240, Los Angeles, CA 90036. APPROVED AND ADOPTED THIS 23RD OF APRIL 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: JJoe Ru icka Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of April 2002, by the following vote: AYES: Tye, Nelson, Nolan, Tanaka, Ruzicka NOES: None ABSENT: None ABSTAIN: None ATTEST: 8