HomeMy WebLinkAboutPC 2002-47PLANNING COMMISSION
' RESOLUTION NO. 2002-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-03
AND NEGATIVE DECLARATION NO. 2002-06, A REQUEST TO
CONSTRUCT A TWO-STORY OFFICE BUILDING OF
APPROXIMATELY 25,000 GROSS SQUARE FEET. THE PROJECT
SITE IS LOCATED AT 21627 GATEWAY CENTER DRIVE, (LOT 4,
TRACT NO. 39679) DIAMOND BAR, CALIFORNIA.
A. REC` iTALs
1. The property owner, Dr. Acbar Omar, and applicant, Southwest Design have
filed an application for Development Review No. 2002-03 and Negative
Declaration No. 2002-06 for a property located at 21627 Gateway Ce ter
Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this
Resolution, the subject Development Review and Negative Declarationhall
be referred to as the "Application."
2. On September 26, 2002, public hearing notices were mailed to
approximately 16 property owners of record within a 500 -foot radius of the
project. Furthermore, the project site was posted with the required display
board and public notice was posted in three public places. On October 1,
2002, notification of the public hearing for this project was provided in he
San Gabriel Valley Tribune and Inland Valle Daiiy Bulletin newspapers
3. On October 22, 2002, the Planning Commission of the City of Diamond Bai
conducted a duly noticed public hearing on the Application. At that time, tIE
Planning Commission continued the public hearing to November 26, 2002.
The continuation was to allow the applicant additional time to address t le
Planning Commissions concerns regarding traffic impacts.
4. On November 26, 2002, the Planning Commission continued the pu is
hearing to December 10, 2002, due to the applicant's conflict w th
scheduling.
5. On December 10, 2002, the Planning Commission of the City of Diamo
Bar concluded the public hearing.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planni
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. 2002-06 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guidelines promulgated thereunder,
pursuant to Section 15070. Furthermore, Negative Declaration No. 2002-06
reflects the independent judgment of the City of Diamond Bar.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project site is an irregular-shaped, vacant lot located within a
business complex identified as Gateway Corporate Center. The
project site is approximately 2.033 gross acres with an existing pad of
approximately 40,000 square feet. The site is bound by a descending
slope on the north facing the Orange (SR -57) Freeway, by Gateway
Center Drive on south, by Lot 5 — V -Tek on the west and the Holiday
Inn Select hotel on the east. The project site contains a sanitary
sewer easement, approximately 10 feet wide, that follows the north
property and angles toward the west property line. The project site
was mass graded as part of the overall grading for the corporate
complex. The pad area is generally free of vegetation with the
exception of moderate weed growth. The north descending slope is
vegetated with trees and bushes planted as part of the Gateway
Corporate Center's master landscape plan.
(b) The project site has a General Plan land use designation Professional
Office (OP).
(c) The project site zoned Commercial -Manufacturing -Billboard
Exclusion -Unilateral Contract (C-M-BE-U/C).
(d) Generally, the following zones and use surround the project site: To
the north is the Orange Freeway (SR 57); and to the south, east and
west is the C-M-BE-U/C zone.
POP
The Application request is to construct a two-story office buildng of
approximately 25,000 gross square feet (23,250 net square feet) to be
utilized for general office.
Development Review
{f) The design and layout of the proposed development is consisteni 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, boulevars or
planned developments),
The proposed project provides for the establishment of an office -
based working environment for general offices within the Ge eral
Plan's OP land use designation. Pursuant to the General Plan, the
Proposed project will yield a pleasant environment for those won king
and visiting the office facility through its exemplary design, use of
materials and colors, landscaping that will offer a variety of pant
species and adequate on-site parking.
The proposed project complies with the development standards
' prescribed in the Gateway Corporate Center Unilateral Contract qna
has received the approval of the Gateway Corporate Cer ter
Architectural Committee. The proposed project also complies with he
City's Design Guidelines because it breaks -up the vertical monotc ny
Of a tall flat wall at the north elevation cornices (horizontal molding or
bands) along with varying planes, colors and windows are utiliz d.
Additionally, the cornices, varying planes, colors and windows re
proposed on all building elevations.
(g) The design and layout of the proposed development will not interf re
with the use and enjoyment of neighboring existing or futre
development and will not create traffic or pedestrian hazards;
The proposed project is within the Professional Office-Billbc
Exclusion -Unilateral Contract (OP-BE-U/C) Zone, which permits
proposed general office use. The project site is within the establis
Gateway Corporate Center, which permits general office u�
General office uses were reviewed and approved with the orig
approval of the Center processed by Los Angeles County. As sta
in Item (f) above, the design and layout of the proposed project is
expected to interfere with the use and neighboring and fut
development in that it is consistent and compatible with surroL
development.
3
Linscott Law & Greenspan Engineers prepared a traffic impact
analysis and site access evaluation report date October 21, 2002.
The report studied:
♦ Site access/internal circulation;
♦ Existing year 2002 traffic counts;
♦ Estimated project traffic generation/distribution/assignment;
♦ Estimated cumulative project traffic generation/distribution/
assignment;
♦ AM/PM peak hour intersection capacity for existing and future
conditions without and with project traffic; and
♦ Key Intersections:
0 Brea Canyon Road at Golden Springs Drive;
0 Gateway Center Drive at Golden Springs Drive;
0 Copley Drive at Golden Springs Drive; and
0 Golden Springs Drive at Grand Avenue.
The results of the study indicates that: The proposed project will not
have a significant impact on the four key intersections studied, the
project driveway will be able to accommodate ingress and egress
traffic without undue congestion; the approximate throat length of 50
feet at the project driveway is sufficient for storing potential queuing
vehicles; the on-site circulation layout is adequate; and curb return
radii are adequate for small service/delivery trucks, as well as trash
trucks. However, the City's traffic engineer, Warren Siecke, has
reviewed the traffic impact analysis and site access evaluation report.
it is required that the applicant address Mr. Siecke's comments and
concerns. After the applicant addresses Mr. Siecke's comments and
concerns and if the results have traffic impacts, the applicant will be
required to correct the traffic impacts and/or pay their 'fair share"
towards the mitigation of said impacts to the satisfaction of the Public
Works Director.
(h) 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 also referenced in Item 4 (f) above and (i) below, the proposed
project will be consistent and compatible with the architectural design,
materials, and colors of the otherbuildings within the Center Gateway
Corporate Center and its Unilateral Contract originally reviewed and
approved by Los Angeles County and adopted by the City of Diamond
Bar. The Unilateral Contract sets forth land restrictions/development
standards. The development standards require an architectural style
that is Modern/Classic with materials, textures and colors that
complement this style. The proposed project has received the
Gateway Corporate Center's architectural committee's approval.
4
Therefore, the proposed project will be compatible with the ch.
' of the surrounding neighborhood and will maintain the harms
orderly and attractive development contemplated by the
Development Review requirements and General Plan.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of materials, texture, and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance;
As referenced in the above Items (f) through (h), the proposed pr jest
will provide a desirable environment for its occupants and vis "ting
public as well as its neighbors through good aesthetic us of
materials, texture and color that will remain aesthetically appealing.
The construction materials, glass and plaster will retain a reason ibly
adequate level of maintenance.
(j) The proposed development will not be detrimental to public he ith,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity; and
' Before the issuance of any City permits, the proposed projec, i
required to comply with all conditions within the approved resole 'on
and the Building and Safety Division, Public Works Division, Health
Department and Fire Department requirements, The referenced
agencies' involvement will ensure that the proposed revision is hot
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 QualityAct
(CEQA), the City has determined that a Negative Declaration is
required for this project. According to CEQA Section 15070, Negati e
Declaration No. 2002-06 has been prepared. The Negati e
Declaration's review period began October 1, 2002, and ended
October 20, 2002.
5. Based on the findings and conclusions set forth above, the Plannin
Commission hereby approves the Application subject to compliance with th
following conditions:
(a) Thes ro'ect
p � hall substantially conform to site plan, grading plan, floc
plan, elevations, final landscape/irrigation plan, final exterior an(
5
parking lot lighting plan/study and colors/materials board collectively
labeled as Exhibit "A", dated October 22, 2002, as submitted and
approved by the Planning Commission, as amended herein.
(b) The site shall be maintained in a condition, which is free of debris
both during and after the construction, addition, or implementation of
the entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
(c) Before the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan that delineates plant species, size,
quantity and location, for the City's review and approval. The final
landscape plans shall also include existing planting material on all
slopes and the species, size, quantity and location of the replacement
plant material destroyed during construction. Said replacement plant
material shall match the existing slope landscaping. Additionally, all
trees on the north -facing slope adjacent to the building shall be
24 -inch box size and the proposed quantity of bougainvillea and
acacia plants shall be increased on this slope to the City's
satisfaction, thereby enhancing slope coverage and screening of the
building's retaining wall. Furthermore, the proposed project shall
comply with the City's established Water Efficient Landscape
Regulations and shall be plan checked accordingly. All
land scapi ngArrigation shall be installed before final inspection or
Certificate of Occupancy.
(d) Before the issuance of any City permits, the applicant shall submit an
exterior lighting plan/study for the City's review and approval.
(e) All roof -mounted equipment shall be screened from public view
behind the roof parapet. The roof -mounted equipment shall not be
visible from surrounding streets, driveways, or adjacent buildings on a
horizontal sight line. Materials utilized for screening shall be
complementary to building and integrated with the architectural
design.
(f) Prior to the issuance of a building permit, the applicant shall submit a
final detail of the trash/recycle bin enclosure for the City's review and
approval. The trash/recycle bin enclosure shall be compatible with
the proposed building.
n
(g) Prior to final inspection/occupancy, the applicant shall correct traffic
' impact and/or pay their "fair share" towards mitigation of said impacts
to the satisfaction of the Public Works Director.
(h) Applicant shall remove and replace that portion of highway fac lities
damaged by the construction activities to the satisfaction of the F ublic
Works Director. Additionally, sidewalks, curbs and gutters, etc.,
damaged during construction shall be removed and replaced b 1 the
applicant to the satisfaction of the Public Works Director.
(i) Before the issuance of any City permits, the applicant shall subrr it an
erosion control plan for the City's review and approval. The erc sion
control plan shall conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's). Additionally, the applicant hall
obtain the necessary NPDES permits.
(j) Applicant shall comply with Standard Urban Storm Water Mitigation
Plan requirements to the satisfaction of the City Engineer.
(k) Prior to the issuance of any City permits, the applicant shall submit a
complete grading plan in accordance with the City's grading
requirements for the City's review and approval. The grading plan
' shall:
(1) Be signed/stamped by a civil engineer, geotechnical engir eer
and geologist as required;
(2) Delineate the proposed and existing topography;
(3) Delineate proper drainage with details and sections; and
(4) Delineate slope ratio.
(I} All handicap parking shall comply with current State handl a,c
accessible regulation. Van parking shall be provided. Site plans all
delineate path of travel from parking lot to building. Cross slopes lall
not exceed two percent. All bathroom and ramps shall be designs J in
compliance with State handicap accessible regulations. Requied
handicap signage shall be installed at each entrance. Ir
(m) Plans shall conform to State and Local Building Code (i.e.,
Uniform Building Code, Uniform Plumbing Code, Uniform Mech
Code, and the 2001 National Electrical Code) requirements.
(n) Construction plans shall be engineered to meet wind loads of
80 M.P.H. with a "C" exposure.
' (o) Pursuant to the Building and Safety Division requirements, the
applicant shall install temporary construction fencing along the projct
perimeter.
FA
(p) Applicant shall submit construction plans to the Los Angeles County
Fire Department. Plans shall comply with all applicable fire codes.
(q) This project shall comply with the Health Department and Industrial
Waste requirements.
(r) As required by the City, the applicant shall provide guardrails at top of
slope in the parking lot.
(s) Building setback from top of slope shall meet Section 18 of the
Building Code H/3 and/or provide a special footing design if closer
than H/3.
(t} This grant is valid for two years and shall be exercised
(i.e., construction started) within that period or this grant shall expire.
A one-year extension of time may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Development Code.
(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. 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.
(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 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
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(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to Dr. Acbar Omar, 222 N. Sunset Avenue, West Covina, CA 91790,
' and Southwest Design, 7201 Haven Avenue, Suite E-309, Alta L ma,
CA 91701.
APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 2001, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: -�
Joeuzic a, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the forec oing
Resolution was duly introduced, passed, and adopted by the Planning Commission c f the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 1 C th of
December 2002, by the following vote:
AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka
NOES: None
ABSENT: None
' ABSTAIN: None
ATTEST:
J'aMes DeSt6fa o, Secretary
1
D
PLANNING COMMISSION
RESOLUTION NO. 2002-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO.
2002-03 AND NEGATIVE DECLARATION NO. 2002-06, A REQUEST
TO CONSTRUCT A TWO-STORY OFFICE BUILDING OF
APPROXIMATELY 25,000 GROSS SQUARE FEET. THE PROJECT
SITE IS LOCATED AT 21627 GATEWAY CENTER DRIVE, (LOT 4,
TRACT NO. 39679) DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Dr. Acbar Omar, and applicant, Southwest
Design, I filed an application for Development Review No. 2002-03
and Negi Declaration No. 2002-06 for a property located at 21627
Gateway CE Drive Diamond Bar, Los Angeles County, California.
Hereinafter in Resolution, the subject Development Review and
Negative Declaration., be referred to as the "Application."
2. On September 26, 2002, public hearing notices were mailed to approximately i6
property owners of record within a 500 -foot radius of
project. Furthermore, the project site was posted with the required disl
board and public notice was posted in three public places. On Octobe 1
2002, notification of the public hearing for this project was provided in
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspaper:
3. On October 22, 2002, the Planning Commission of the City of Diamond
conducted a duly noticed public hearing on the Application. At that
time, Planning Commission continued the public hearing to November
26, 2C The continuation was to allow the applicant additional time to
address Planning Commissions concerns regarding traffic impacts.
4. On November 26, 2002, the Planning Commission continued the pul
hearing to December 10, 2002, due to the applicant's conflict v
scheduling.
On December 10, 2002, the Planning Commission of the City of
Bar concluded the public hearing.
B. RESOLUTION
)W, THEREFORE, it is found determined and resolved by the Commission of the City
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. 2002-06 have been prepared by the City of
Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CEQA) and guidelines promulgated
thereunder, pursuant to Section 15070. Furthermore, Negative Declaration
No. 2002-06 reflects the independent judgment of the City of Diamond
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 an irregular-shaped, vacant lot located within a
business complex identified as Gateway Corporate Center. The
project site is approximately 2.033 gross acres with an existing pad
of approximately 40,000 square feet. The site is bound by a
descending slope on the north facing the Orange (SR -57) Freeway,
by Gateway Center Drive on south, by Lot 5 - V -Tek on the west and
the Holiday Inn Select hotel on the east. The project site contains a
sanitary sewer easement, approximately 10 feet wide, that follows
the north property and angles toward the west property line. The
project site was mass graded as part of the overall grading for the
corporate complex. The pad area is generally free of vegetation with
the exception of moderate weed growth. The north descending
slope is vegetated with trees and bushes planted as part of the
Gateway Corporate Center's master landscape plan.
(b) The project site has a General Plan land use designation Professional Office
(OP).
(c) The project site zoned Commercial -Manufacturing -Billboard Exclusion -
Unilateral Contract (C-M-BE-U/C).
(d) Generally, the following zones and use surround the project site: To
the north is the Orange Freeway (SR 57); and to the south, east
and west is the C-M-BE-U/C zone.
2
(e) The Application request is to construct a two-story office build -ng of
approximately 25,000 gross square feet (23,250 net square feet) to be
utilized for general office.
Development Review
(f) The design and layout of the proposed development is consisten with
the applicable elements of the City's General Plan, City D sign
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special a eas (e.g.,
theme areas, specific plans, community plans, boulevar s or
planned developments);
The proposed project provides for the establishment of an o
icebased working environment for general offices within the Ge eral
Plan's OP land use designation. Pursuant to the General Plan, the
proposed project will yield a pleasant environment for those wor ing
and visiting the office facility through its exemplary design, us of
materials and colors, landscaping that will offer a variety of p ant
species and adequate on-site parking.
The proposed project complies with the development standards
prescribed in the Gateway Corporate Center Unilateral Contract na
has received the approval of the Gateway Corporate Center
Architectural Committee. The proposed project also complies with
he City's Design Guidelines because it breaks -up the vertical monot
ny of a tall flat wall at the north elevation cornices (horizontal
moiding or bands) along with varying planes, colors and windows
are utilized. Additionally, the corrnces varying planes, colors and
windows re proposed on all building elevations.
(g) The design and layout of the proposed development will not interf re
with the use and enjoyment of neighboring existing or fut re
development and will not create traffic or pedestrian hazards;
The proposed project is within the Professional Office-Billbc
Exclusion -Unilateral Contract (OP-BE-UIC) Zone, which permits
proposed general office use. The project site is within the
establis Gateway Corporate Center, which permits general office
u. General office uses were reviewed and approved with the orig
approval of the Center processed by Los Angeles County. As
sta in Item (f) above, the design and layout of the proposed
project is expected to interfere with the use and neighboring and
fut development in that it is consistent and compatible with
surroc development.
1
linscott Law & Greenspan Engineers prepared a traffic impact
analysis and site access evaluation report date October 21, 2002.
The report studied.-
Site
tudied.
Site accesslinternal circulation, Existing year 2002 traffic counts,
Estimated project traffic genera tionldistribution/assignment;
Estimated cumulative project traffic genera tionldistributionl
assignment;
AMIPM peak hour intersection capacity for existing and future
conditions without and with project traffic; and
Key Intersections.-
0
ntersections.0 Brea Canyon Road at Golden Springs Drive,-
0
rive,0 Gateway Center Drive at Golden Springs Drive, 0 Coptey Drive at
Golden Springs Drive; and
0 Golden Springs Drive at Grand Avenue.
The results of the study indicates that: The proposed project will not
have a significant impact on the four key intersections studied; the
project driveway will be able to accommodate ingress and egress
traffic without undue congestion, the approximate throat length of 50
feet at the project driveway is sufficient for storing potential queuing
vehicles, the on-site circulation layout is adequate, and curb return
radii are adequate for small serviceldelivery trucks, as well as trash
trucks. However, the City's traffic engineer, Warren Siecke, has
reviewed the traffic impact analysis and site access evaluation
report. It is required that the applicant address Mr. Siecke's
comments and concerns. After the applicant addresses Mr. Siecke's
comments and concerns and if the results have traffic impacts, the
applicant will be required to correct the traffic impacts andlor pay
their 'fair share" towards the mitigation of said impacts to the
satisfaction of the Public Works Director.
(h) 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 also referenced in Item 4 (f) above and (i) below, the proposed
project will be consistent and compatible with the architectural
design, materials, and colors of the other buildings within the Center
Gateway Corporate Center and its Unilateral Contract originally
reviewed and approved by Los Angeles County and adopted by the
City of Diamond Bar. The Unilateral Contract sets forth land
restrictionsldevelopment standards. The development standards
require an architectural style that is ModernlClassic with materials,
textures and colors that complement this style. The proposed
project has received the Gateway Corporate Center's architectural
E
Therefore, the proposed project kvill be compatible with the ch
of the surrounding neighborhood and will maintain the harm,
orderly and attractive development contemplated by the
Development Review requirements and General Plan.
(i) The design of the proposed development will provide a desi
environment for its occupants and visiting public as well e
neighbors through good aesthetic use of materials, texture, it
and that will remain aesthetically appealing and will retain a
reasor adequate level of maintenance;
As referenced in the above Items (f) through (h), the
proposed will provide a desirable environment for its
occupants and public as well as its neighbors through good
aesthetic - materials, texture and color that will remain °
aesthetically app The construction materials, glass and
plaster will retain a reqs, adequate level of maintenance.
(j) The proposed development will not be detrimental to public he Ith,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity; and
Before the issuance of any City permits, the proposed projec is required to
comply with all conditions within the approved resolu 'on and the
Building and Safety Division, Public Works Division, Health
Department and Fire Department requirements. The referenced
agencies' involvement will ensure that the proposed revision is rot
detrimental to the public health, safety or welfare or materi Ily
injurious to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental
Quality, (CEQA), the City has determined that a Negative
Declaration required for this project. According to CEQA Section
15070, Negat Declaration No. 2002-06 has been prepared. The
NegaG Declaration's review period began October 1, 2002, and
end October 20, 2002.
5. Based on the findings and conclusions set forth above, the Planr
Commission hereby approves the Application subject to compliance
with following conditions:
project shall substantially conform to site plan, grading plan, fl plan, elevations, final
ndscape/irrigation plan, final exterior z
5
parking lot lighting plan/study and colors/materials board collectively
labeled as Exhibit "A", dated October 22, 2002, as submitted and
approved by the Planning Commission, as amended herein.
(b) The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done
only by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of Diamond
Bar to provide such services.
(c) Before the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan that delineates plant species, size, quantity
and location, for the City's review and approval. The final landscape
plans shall also include existing planting material on all slopes and
the species, size, quantity and location of the replacement plant
material destroyed during construction. Said replacement plant
material shall match the existing slope landscaping. Additionally, all
trees on the north -facing slope adjacent to the building shall be 24 -
inch box size and the proposed quantity of bougainvillea and acacia
plants shall be increased on this slope to the City's satisfaction,
thereby enhancing slope coverage and screening of the building's
retaining wall. Furthermore, the proposed project shall comply with
the City's established Water Efficient Landscape Regulations and
shall be plan checked accordingly. All landscaping/irrigation shall be
installed before final inspection or Certificate of Occupancy.
(d) Before the issuance of any City permits, the applicant shall submit an exterior
lighting plan/study for the City's review and approval.
(e) All roof -mounted equipment shall be screened from public view behind
the roof parapet. The roof -mounted equipment shall not be visible
from surrounding streets, driveways, or adjacent buildings on a
horizontal sight line. Materials utilized for screening shall be
complementary to building and integrated with the architectural
design.
(f) Prior to the issuance of a building permit, the applicant shall submit a
final detail of the trash/recycle bin enclosure for the City's review
and approval. The trash/recycle bin enclosure shall be compatible
with the proposed building.
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(g) Prior to final inspection/occupancy, the applicant shall correct tlraffic
impact and/or pay their "fair share" towards mitigation of said impacts to the satisfaction of the
Public Works Director.
(h) Applicant shall remove and replace that portion of highway fac lities
damaged by the construction activities to the satisfaction of the
ublic Works Director. Additionally, sidewalks, curbs and gutters,
etc., damaged during construction shall be removed and replaced b
the applicant to the satisfaction of the Public Works Director.
(i) Before the issuance of any City permits, the applicant shall sub it an
erosion control plan for the City's review and approval. The er sion
control plan shall conform to National Pollutant Discharge Elimin
tion System (NPDES) standards and incorporate the appropriate
est Management Practices (BMP's). Additionally, the applicant hall
obtain the necessary NPDES permits.
(j) Applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the
satisfaction of the City Engineer.
(k) Prior to the issuance of any City permits, the applicant shall sub it a
complete grading plan in accordance with the City's grading
requirements for the City's review and approval. The grading plan
shall:
signed/stamped by a civil engineer, geotechnical engi eer and geologist as required;
slineate the proposed and existing topography;
slineate proper drainage with details and sections; and (4) Delineate slope ratio.
(1) All handicap parking shall comply with current State handi ap
accessible regulation. Van parking shall be provided. Site plan s all
delineate path of travel from parking lot to building. Cross slope s all
not exceed two percent. All bathroom and ramps shall be designe
in compliance with State handicap accessible regulations. Required
handicap signage shall be installed at each entrance.
(m) Plans shall conform to State and Local Building Code (i.e., 2001
Uniform Building Code, Uniform Plumbing Code, Uniform Mechan
cal Code, and the 2001 National Electrical Code) requirements.
nstruction plans shall be engineered to meet wind loads of 80 M.P.H. with a °C" exposure.
(o) Pursuant to the Building and Safety Division requirements, he applicant
shall install temporary construction fencing along the proj ct
perimeter.
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(p) Applicant shall submit construction plans to the Los Angeles County Fire
Department. Plans shall comply with all applicable fire codes.
(q) This project shall comply with the Health Department and Industrial Waste
requirements.
(r) As required by the City, the applicant shall provide guardrails at top of
slope in the parking lot.
(s) Building setback from top of slope shall meet Section 18 of the Building
Code H/3 and/or provide a special footing design if closer than H/3.
(t) This grant is valid for two years and shall be exercised (i.e.,
construction started) within that period or this grant shall expire. A
one-year extension of time may be approved when submitted to the
City in writing at least 60 days prior to the expiration date. The
Planning Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72 of the City
of Diamond Bar Development Code.
(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. 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.
(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 $25.00 for a documentary handling
fee in connection with Fish and Game Code requirements.
Furthermore, if this project is not exempt from a filing fee imposed
because the project has more than a deminimis impact on fish and
wildlife, the applicant shall also pay to the Department of Fish and
Game any such fee and any fine which the Department determines
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certifiec to
Dr. Acbar Omar, 222 N. Sunset Avenue, West Covina, CA 9 and
Southwest Design, 7201 Haven Avenue, Suite E-309, Alta I CA
91701.
APPROVED AND ADOPTED THIS 10TH DAY OF DECEMBER 200$, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: Joe uzic a, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the fore
Resolution was duly introduced, passed, and adopted by the Planning Commission the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 1 1 of
December 2002, by the following vote:
AYES: Ruzicka, Tye, Nelson, Nolan, Tanaka
NOES: None
ABSENT: None ABSTAIN: None
I ATTEST:
es DeStefa o, Secretary
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