HomeMy WebLinkAboutPC 2003-08PLANNING COMMISSION
RESOLUTION NO. 2003-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR RECOMMENDING THAT THE CITY CC UNCIL
APPROVE CONDITIONAL USE PERMIT NO. 2002-05, AND
DEVELOPMENT REVIEW APPLICATION NO. 2002-07 ALLOWING
FOR THE CONSTRUCTION OF A RETAIL/COMMERCIAL
SHOPPING CENTER AT 850 BREA CANYON ROAD
(APN 8719-013-010), DIAMOND BAR, CALIFORNIA
I. RECITALS
A. WHEREAS, the applicant, Phil Williams (Extended Stay America), acting
as
the agent for the property owner, Louis Marcellin, has filed an applicatioi
1 for
Conditional Use Permit No. 2002-05 and Development Review ApplicE
tion
No. 2002-07 for property located at 850 Brea Canyon Road, Diamond
3ar,
Los Angeles County, California. Hereinafter in this Resolutio , the subject
ail Bulletin
Conditional Use Permit No. 2002-05 and Development RevieNo. 2002-07
newspapers. Furthermore, on October 9, 2002, public hearing notices were
shall be referred to as the "Application."
mailed to approximately 461 property owners of record within
B. WHEREAS, on October 8, 2002, the project site was posted with a required
display board and public notices were posted in three public
places.
On
October 9, 2002, Notification of the public hearing for this
project
Was
provided in the San Gabriel Valley- Tribune and Inland
ail Bulletin
newspapers. Furthermore, on October 9, 2002, public hearing notices were
mailed to approximately 461 property owners of record within
a 700 -foot
radius of the project.
C. WHEREAS, the Community and Development Services Department
ilas
determined that the proposed project represents a consistent,
logical,
and
appropriate development of the subject property that furthers the
objectives of the City's adopted General Pian.
goals
and
D. WHEREAS, on October 22, 2002, the Planning Commission of
the City
of
Diamond Bar conducted a duly noticed public hearing. Tie
Commission continued the public hearing to December 10,
Planring
200
the public hearing was closed. The Planning Commission recoi
, thereafter,
rimencecits
deliberations on January 28, 2003, February 11, 2003, and Febru
ry 25, 20
3.
Deliberations were concluded on February 25, 2003.
E. WHEREAS, the Planning Commission has reviewed and co sidered 1he
' environmental information relevant to the proposed project Drepared in
accordance with the provisions of the California Environmental QualityAct
(CEQA).
F. WHEREAS, the Planning Commission has carefully reviewed and considered
all of the evidence presented in connection with the hearing on the Project,
including but not limited to the staff report, all environmental data, and all
written and oral testimony presented.
11. RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
finds, determines and recommends as follows:
A. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part 1 of this Resolution are true and correct.
B. This project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). The environmental review concludes
that the proposed project has been fully evaluated in Mitigated Negative
Declaration No. 2002-07. The Planning Commission has recommended that
the Diamond Bar City Council adopt the Mitigated Negative Declaration. No
further environmental review is necessary because the proposed project is
considered to be consistent with the Mitigated Negative Declaration
No. 2002-07. The circumstances and impacts evaluated have not changed,
and no new information has been made available that would have a bearing
on the findings, conclusions and mitigation measures included in the
previously considered Mitigated Negative Declaration. The mitigation
measures set forth in the Mitigated Negative Declaration are included as
conditions of approval of this proposed project. Compliance with the
mitigation measures will assure that this project will not have a significant
adverse effect on the environment. 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.
C. Project Description
Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
1. The project relates to a parcel of land located at 850 Brea Canyon
Road (APN 8719-013-010), Diamond Bar, California. The subject site
has approximately 6.50- gross acres.
2. The project site has a General Plan Land Use designation of General
Commercial (C), and the Planning Commission has recommended
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1
that the City Council adopt a consistent implementing z ne of C- 2 SP
(Community Commercial Specific Plan Overlay) fo the su ject
property.
3. Generally, the site is abutting a C-1 zoned parcel to the north and the
Los Angeles County Flood Control Channel. R-1 6,000 zoned parcels
are beyond the Flood Control Channel. The State Routa 60 Freeway
abuts the site to the south and east. R-1 8,000 zoned property is
located to the west across Brea Canyon Road.
4. The application is a request to develop the site as a ret il/commercial
shopping center consisting of a 116 -room three-stoy hotel, two
freestanding restaurants, and two office/retail buildings totaling
approximately 70,790 gross square feet of building ama. Approval
would also permit a 60 -foot high double-faced freestanding pylon sign
(440 sq. ft. of sign face area per side), and six-foot high double-faced
monument sign (48 sq. ft. total sign face area).
D. Conditional Use Permit
Pursuant to Section 22.58.040 of the Diamond Bar Development Code, the
Planning Commission finds:
1. The proposed use is allowed within the subject zoning district with the
approval of a Conditional Use Permit and provided hat the se
complies with all other applicable provisions of this evelopmnt
Code and the Municipal Code; le
The proposed retail/commercial shopping center is a conditioi
permitted use within the C-2 SP zoning designation. Ad itionally
project has been designed to meet or exceed the developr
standards set forth in the City of Diamond Bar Developmeit Code
the Brea Canyon Road and Lycoming Street Specific P n,
2. The proposed use is consistent with the General P
applicable specific plan;
On July 25, 1995, the City adopted its General Plan. 7
Commission has recommended that the City Council
General Plan by designating the subject property
Commercial use of land with a consistent zone of C
Development Overlay, Billboard Exclusion. In addition, !
Commission has recommended that the City Council ads
Canyon Road and Lycoming Street Specific Plan for
property. If the City Council adopts the recommended 6
Amendment, Zone Change and Specific Plan, developme,
unique for the subject property will be created. The Droai
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and
amend
the
has been analyzed and has been found to be in compliance with the
Specific Plan, Section 4 (Development Standards). The proposed
commercial center with retail commercial, office, restaurants and a
hospitality use is consistent with the goals, objectives and
development standards set forth in the Specific Plan. In the event
that the City Council does not adopt the General Plan Amendment,
the associated Zone Change or the Specific Plan consideration of this
application is moot.
3. The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses
in the vicinity;
The proposed 6.5 -acre commercial project has been designed to
meet the C2 zoning and site development standards and the
standards set forth in the Brea Canyon Road and Lycoming Street
draft Specific Plan. The architectural design of the proposed buildings
is contemporary in nature much like the existing commercial buildings
located in the surrounding neighborhood. Additionally, the conditions
imposed on operating procedures, site design and on- and off-site
improvements that improve ingress and egress will ensure that the
development minimizes any potential negative impacts to public
rights-of-way and adjacent commercial and residential uses of land. -
The proposed project is an integral part of the commercial
development located along Brea Canyon Road both north and south
of the subject site. The proposed project will be properly screened
and buffered to reduce potential impacts on the adjoining residential
land uses.
4. The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
The approximate 6.50 -acre site is adequate to accommodate the
proposed retail/commercial development, which is in compliance with
the applicable Diamond Bar Development Code development
standards, to include the Brea Canyon Road and Lycoming Street
Specific Plan. The site currently is connected to the City's sewer
system, which has been determined to be adequate to serve the
intended facilities. Approval of the Conditional Use Permit would
have no impact on these services.
5. 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;
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Before the issuance of City development permits, the proposed pi Oject
' is required to comply with all conditions set forth in this - 'esolutior and
the Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project
will not be detrimental to the public health, safety or welfare no will
it be materially injurious to the properties or improvements in the
vicinity.
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6. The proposed project has been reviewed in compli ce with the
provisions of the California Environmental Quality Act ( EQA).
The appropriate environmental analysis, in c0nlPfial7ce with the
requirements of the Califomia Environmental Quality Act (CEQA), has
been conducted. Based on that assessment, a Mitigated Negative
Declaration was prepared and is made part of this administrative
record.
E. Development Review
In accordance with Section 22.48.040 (Findings and Decision) of the
Diamond Bar Development Code, the Planning Commission de ermines hat
the following findings have been justified and upheld in the affirma ive
because of the recommended conditions of approval regardhig opera ing
procedures, site and building improvements and on and o7 -site sa ety
measures:
1. The design and layout of the proposed development is consistent with
the General Plan, development standards of the applicable district,
design guidelines, and architectural criteria for specialized area
(e.g., theme areas, specific plans, community plans, boulevards, or
planned developments.)
The Planning Commission has recommended that theity Co
amend the General Plan Land Use for the subject propertv to Gei
Commercial. The Planning Commission has recommend d a zoi
C2, Planned Development Overlay, Billboard Exclusion. In adds
the Planning Commission has recommended that the qity Col
adopt the draft Brea Canyon Road and Lycoming Street %c. pecific
to guide and regulate development of the subject pro ierty,
proposed project been analyzed in terms of compliance I vith the
development standards set forth in the C2 zone dist 'ct and
Specific Plan. The submitted plans have been revised to omply
the City's zoning standards, Specific Plan standard and ;
recommended conditions of approval as developed through the C
internal staff review process. The project's contemporz iry buih
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of
design is consistent with the City's adopted design guidelines and the
architectural appearance of commercial buildings located in the
surrounding neighborhood. The proposed project meets or exceeds
the development standards contained in the Specific Plan and the
Diamond Bar Development Code.
2. 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.
The resulting retail/commercial development has been designed to
incorporate the mitigation measures set forth in the associated traffic
study and Mitigation Monitoring Plan. The proposed project has the
potential to become an integral part of the adjoining commercial
development south of Lycoming Street. The proposed layout of the
site accommodates the anticipated volumn of pedestrian and
vehicular traffic that will seek goods and services offered on-site. The
building locations and the surrounding project edge treatment will
screen and buffer the existing adjoining residential uses from potential
impacts that may be generated by the commercial use of the project
site. The City departments responsible for public safety have been
afforded an opportunity to review and comment on the proposed
project Their comments and recommendations have been included
in the project design, environmental mitigation monitoring program,
and conditions of approval.
3. The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed contemporary architectural design is in compliance with
the provisions of the Brea Canyon Road Lycoming Street Specific
Plan and is consistent with the surrounding development in terms of
mass and scale in proportion to the site size. Furthermore, the site
layout has been designed to lessen the potential impacts on
neighboring properties. Access to the proposed project is obtained
from a fully developed public street, which improvements are
proposed to provide for adequate ingress/egress.
4. 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.
C
The contemporary architectural design proposes the use of a vi riety
of compatible building materials and earth tone colors to SOftei7 the
' building's impact and assist in creating a complimentary and
aesthetically pleasing view. Additionally, the development inc des
extensive landscaping throughout the site to promote an enha ced
appearance.
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5. The proposed project will not be detrimental to the ublic health,
safety, or welfare or materially injurious (e.g., negative affec. on
property values or resale(s) of property) to the )ropertiel or
improvements in the vicinity.
Before the issuance of City development permits, the proposed project
is required to comply with all conditions set forth in this resolution and
the Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed pr 'ect
will not be detrimental to the public health, safety or welfare not will
it be materially injurious to the properties or improvements in the
vicinity.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (('EQA).
The appropriate environmental analysis, in compliance with the
requirements of the Califomia Environmental Quality Act CEQA),[as
been conducted. Based on that assessment, a &'t a ed Negave
Declaration was prepared and is made part of this a ministrave
record.
F. Based upon the findings and conclusion set forth herein above, he Plan 'ng
Commission recommends that the City Council approve Conditional L se
Permit No. 2002-05 and Development Review No. 2002-07 subject to
execution and/or fulfillment of the following conditions:
Approval of this project is contingent upon the City Coun 'i's appro al
of General Plan Amendment No. 2002-01, Zone Change mendm nt
No. 2002-01, Specific Plan No. 2002-01, and Tentative arcel Map
No. 26771. The effective date of this approval shall be 3 days aer
the date of adoption of the implementing ordinances.
2. The project shall substantially conform to site plan,
elevations, landscape, and grading plan collectively
Exhibit "A" as presented to the Planning Commission on
2003, and as amended herein.
7
oor pia s,
abeied hs
ruary
3. 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, the 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.
4. The applicant shall be required to submit a final landscape/irrigation
plan for the entire site prepared by a licensed landscape architect that
delineates the type of planting materials color, size, quantity and
location, for review and approval by the Community and Development
Services Department/Planning Division. The plan shall provide for a
variety of grasses and ground cover, flowering plants, and shrubs and
trees. All landscaping and irrigation shall be installed prior to the
issuance of a Certificate of Occupancy.
5. The landscape plan shall provide for screening techniques between
Brea Canyon Road and Building No. 1. Masonry walls having a
height of 36 to 42 inches, bushes and shrubs shall be used to screen
the rear of the building from view.
6. An arbor structure shall be added to the Brea Canyon Road side of
Building No. 1 in order to aid in the screening of building facade. The
design of the arbor structure shall be subject to review and approval
by the City's Community and Development Services
Department/Planning Division.
7. The landscape plan shall provide for the installation of 48 -inch box
specimen trees along the Dryander Street frontage to the satisfaction
of the City.
8. Maximum height of all structures shall not exceed 35 feet from the
finish grade at any exterior wall of the structure to the highest point of
the roofline as determined by Section 22.16.060 of the Diamond Bar
Development Code.
9. All construction activity shall be in conformity with the requirements
and limitations of the City of Diamond Bar Municipal Code as
implemented by the Building and Safety Division.
10. 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
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remain until the Building Official approves its removal. The App icant
shall provide temporary sanitation facilities while under construction.
11. The applicant shall comply with the requirements of the City Eng neer
and Public Works Divisions to include, but not limited to the
completion of all improvements required by the conditional approval
of Tentative Parcel Map No. 26771,
12. Prior to the issuance of any City permits, the applicant sha I be
required to submit a final grading plan and soils report for the C ity's
Public Works and Building Division review and ap roval. The
preparation of the site and the construction of the proposed struct res
shall be in compliance with the recommendations set forth in Auch
soils report.
13. The Brea Canyon Road driveway shall be utilized for right turns in
and
out only as shown on the submitted plans and identified as such shall
be made to the satisfaction of the City Engineer.
14. Before the issuance of any City permits, the applicants all submit
an
erosion control plan for the City's review and approval. The erosion
control plan shall conform to National Pollutant Discharge Elimina
ion
System (NPDES) standards to satisfy the Standard Urba Stormw,
ter
Mitigation Plan (SUSMP) requirements. A Notice of Intent is requ
red
to be filed with the California Regional Water Quality Board (RW
B)
and a Stormwater Pollution Prevention Plan (SWPP) is required tc
be
prepared, implemented and available at the job site for review and
verification at all times during construction of this prof ct. Fu rt
er
details on SWPP requirements shall be obtained fro the Pu
Works/Engineering Division.
lic
15. Drainage patterns and techniques shall be reviewed and approved by
the Public Works Division prior to any permit issuance, s irface water
shall drain away from the building at a 2% minimum slope. Theon -
site storm drain system must be designed to carry SL rface water
runoff into the flood control channel.
16. Prior to the issuance of any City permits, the proposed
plans shall be submitted to the Fire Department for
approval.
17. Applicant shall make application to the water purveyor asnecessa
and shall submit a "Will Serve" letter to the Planning Divi ion prior to
the issuance of building permits.
18. Construction plans shall be engineered to meet wind
per hour with a "C" exposure.
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19. All utility service to the proposed project shall be installed
underground. --
20. The applicant shall comply with the City's noise standards.
21. The 60 -foot freestanding pylon sign and 6 -foot high monument sign
shall be developed and maintained in substantial compliance with the
submitted drawings (Exhibit "B"; sign program), except as herein
modified to comply with the conditions of approval.
22. The two monument signs shall be located no closer thani 0 -feet from
the front property line abutting Brea Canyon Road. The monument
signs shall contain the address of the subject property. The
monument signs shall contain only advertising for not more than three
shopping center tenants.
23. The freestanding pylon sign shall be redesigned to include the City
logo and words "City of Diamond Bar" to be located at the top of the
sign cabinet. The redesign is subject to the approval of the City. The
project site address shall be added to the freestanding sign.
24. All individual tenant signs and hotel wall signs shall comply with
Exhibit "B" (Comprehensive Sign Program). Each building
identification sign shall require a separate review, fee and approval.
A sign permit must be obtained from the Community and
Development Services Department/Planning Division, in addition to
the required building and electrical permits from the City's Building
Division prior to installation.
25. Wall signs shall not be located on the hotel building facade facing the
flood control channel (north elevation) above the first floor.
26. All roof -mounted equipment including, but not limited to, air
conditioning and heater units, ventilation and exhaust fans, electrical
and plumbing connections, shall be decoratively obscured from public
view. Air conditioning and heating units and vents that are wall
mounted shall be screened from view in a manner acceptable to the
Planning Division.
27. The hotel building porte-cochere structures shall be redesigned to
include hipped roof structures.
28. The existing 6 -foot high masonry wall located along the northerly
property line separating the proposed development from the fast food
restaurant shall be removed in its entirety. The existing chain link
fence at this location shall be removed and removable bollards shall
be installed across the Flood Control Access Easement to provide for
emergency access to the site from Lycoming Street.
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29. An odor diffuser shall be installed on the exhau t vents and
continuously maintained for all tenant spaces proposed for resta rant
use.
30. The applicant shall be responsible for acquiring th
approp
late
industrial waste permits with Los Angles County. Ad
itionally,
the
applicant shall conform to the NPDES requirements for
food waste
disposal and Health Department requirements for food
service.
31. All surface or ground mounted mechanical equipment,
inclu
ing
transformers, terminal boxes, air conditioner conderisers,
risers,
backflow devices, gas meters and electric meter cabinets
shal
be
screened from public view and/or treated to match the
Materials
and
colors of the building. The Community and Development
Sery
ces
Department/Planning Division require prior approval
of such
screening/treatment.
32. Any and all exterior building and site lights shall be decorative
nd
architecturally compatible with the building design. All pole
site li
hts
shall have 90 -degree horizontal cut-off flat lenses where
the ray
of
such lighting shall be confined to the property. The num
oer, locat
on,
height, style and design shall be reviewed and appy
ved by
the
Community and Development Services Department/Planning
Division
prior to installation.
33. A six-foot high decorative block wall shall be located al
ng the flood
control channel. The style and design shall be reviewed
and
approved by the Community and Developme
t Services
Department/Planning Division prior to installation.
34. All handicap parking spaces shall be clearly marked and
designa
ed
as such. Additionally, the applicant shall comply with State
Handicap
Accessibility Regulations (i.e., van parking, shortest
route
to
accessible entrance, shortest pedestrian route to
the clo
et
pedestrian entrance, restrooms, ramps, handicap signs a
each entry,
path of travel, etc.)
35. The outdoor dining areas shall be cleaned on a continual
asis for the
removal of litter and food items that constitute a nuisan
oe to pu
lic
health and safety. Additionally, the outdoor patio dining
areas s
all
contain waste receptacles for use by the public and/or
restaur,
nt
employees. Furthermore, the patio furniture including unibrellas
aid
waste receptacles shall be compatible with the overall design
of tie
restaurant structures and shall be reviewed and approved
by the C
ty.
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36. All activities, except approved outdoor dining, shall be conducted
within the confines of the buildings. Outdoor display of merchandise
is prohibited.
37. Prior to the issuance of any City permits, the applicant shall submit a
trash/recycle bin detail delineating design, construction material,
colors and overhead trellis for review and approval by the Community
and Development Services Department/Planning Division. The
design, construction materials and colors shall match the building
design.
38. The applicant shall submit a colors and materials board to the
Community and Development Services Department/Planning Division.
39. The hours of operation, except for the hotel development, shall be
Sunday through Saturday from 6:00 a.m. to 11:00 p.m. On Friday
and Saturday, the applicant shall have the option to extend the hours
of operation to 12:00 midnight.
40. No unit of the hotel development shall be rented to the same tenant
for a period exceeding thirty (30) consecutive calendar days unless
specific provisions are made pursuant to a written agreement with the
City.
41. This entitlement is valid for two (2) years and shall be exercised
(i.e., construction shall commence) within that period or this
entitlement shall automatically expire. A one (1) year extension may
be approved when submitted to the City in writing at least 60 days
prior to the expiration date. The Planning Commission may consider
the extension request at a duly noticed public hearing in accordance
with Chapter 22.72 of the City of Diamond Bar Development Code.
42. This entitlement 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 the approval date, at
the City of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not
become effective until the permittee pays any remaining City
processing fees.
43. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodical
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the Conditional Use Permit and
additional operational conditions may be added.
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44. Deliveries made to businesses located on the subject r roperty E hall
be in compliance with local codes and regulations. Care shal be
exercised to ensure that the tranquility of the surroundir g residential
land uses is not unduly impacted.
G. The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified
to Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91 89, and
Williams (Extended Stay America) 2525 Cherry Avenue, #310, S
Hill, CA 90806.
(c) Forthwith transmit a copy of this Resolution to the City of
City Council.
APPROVED AND ADOPTED THIS 25T" DAY OF FEBRUAF Y 2003, IBY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:g
Joe 44!cka, PI nning Commission Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that tie foregoing
Resolution was duly introduced, passed, and adopted by the Planning Comrr ission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held or the 25th ay
of February 2003, by the following vote:
AYES: Commissioners Nelson, Nolan, Tanaka, V/C Tye, C/Ru
NOES: None
ABSENT: None
AB TAIN: N e
ATTEST:
James De tefano, Secretary
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PLANNING COMMISSION RESOLUTION NO. 2003-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY C
UNCIL APPROVE CONDITIONAL USE PERMIT N0.2002-05 AND
DEVELOPMENT REVIEW APPLICATION NO. 2002-07 ALL WING
FOR THE CONSTRUCTION OF A RETAIL/COMM RCIAL
SHOPPING CENTER AT 850 BREA CANYON ROAD (APN 8719-
013-010), DIAMOND BAR, CALIFORNIA
RECITALS
A. WHEREAS, the applicant, Phil Williams (Extended Stay America), acting as
the agent for the property owner, Louis Marcellin, has filed an pplicatio for
Conditional Use Permit No. 2002-05 and Development Revie Applic tion
No. 2002-07 for property located at 850 Brea Canyon Road, Diamond ar,
Los Angeles County, California. Hereinafter in this Resolutio , the su ject
Conditional Use Permit No. 2002-05 and Development Review No. 2002-
07 shall be referred to as the "Application."
B. WHEREAS, on October 8, 2002, the project site was posted with a required
display board and public notices were posted in three public places. On
October 9, 2002, Notification of the public hearing for this project Was
provided in the San Gabriel Valley Tribune and Inland ail Bull tin
newspapers. Furthermore, on October 9, 2002, public hearing notices ere
mailed to approximately 461 property owners of record withi a 700- oot
radius of the project.
C. WHEREAS, the Community and Development Services Department
determined that the proposed project represents a consistent, logical,
appropriate development of the subject property that furthers t tie goals
objectives of the City's adopted General Plan.
D. WHEREAS, on October 22, 2002, the Planning Commission
Diamond Bar conducted a duly noticed public hearing. f the Cit of
Commission continued the public hearing to December 10, ie Planning
20 the public hearing was closed. The Planning Commission
reci deliberations on January 28, 2003, February 11, 2003, thereafter,
and Febr Deliberations were concluded on February 25, imence its
ry 25, 20 3.
E. WHEREAS, the Planning Commission has reviewed and cc sidered he
environmental information relevant to the proposed project >repared in
accordance with the provisions of the Califomia Environment; Quality ct
(CEQA).
F. WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the Project,
including but not limited to the staff report, all environmental data, and all written and ora
testimony presented.
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
finds, determines and recommends as follows:
A. This Planning Commission hereby specifically finds that all of the facts set forth in
the Recitals, Part 1 of this Resolution are true and correct.
B. This project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). The environmental review concludes
that the proposed project has been fully evaluated in Mitigated Negative
Declaration No. 2002-07. The Planning Commission has recommended
that the Diamond Bar City Council adopt the Mitigated Negative
Declaration. No further environmental review is necessary because the
proposed project is considered to be consistent with the Mitigated
Negative Declaration No. 2002-07. The circumstances and impacts
evaluated have not changed, and no new information has been made
available that would have a bearing on the findings, conclusions and
mitigation measures included in the previously considered Mitigated
Negative Declaration. The mitigation measures set forth in the Mitigated
Negative Declaration are included as conditions of approval of this
proposed project. Compliance with the mitigation measures will assure that
this project will not have a significant adverse effect on the environment.
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 Califomia Code of Regulations.
C. Promect Description
Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
The project relates to a parcel of land located at 850 Brea Canyon
Road (APN 8719-013-010), Diamond Bar, Califomia. The subject site
has approximately 6.50- gross acres.
2. The project site has a General Plan Land Use designation of General
Commercial (C), and the Planning Commission has recommended
2
that the City Council adopt a consistent implementing zone of sP
(Community Commercial Specific Plan Overlay) fo the
property.
3. Generally, the site is abutting a C-1 zoned parcel to the nort- the
Los Angeles County Flood Control Channel. R-1 6,000
one are beyond the Flood Control Channel. The State
Rout 60 abuts the site to the south and east. R-1 8,000
zoned pr located to the west across Brea Canyon Road. is
4. The application is a request to develop the site as a ret it/commf
shopping center consisting of a 116 -room three-sto hotel,
freestanding restaurants, and two office/retail build ngs tot
approximately 70,790 gross square feet of building ar a. Appi
would also permit a 60 -foot high double-faced freestandi g
pylon (440 sq. ft. of sign face area per side), and six-foot high
ouble-fi monument sign (48 sq. ft. total sign face area).
D. Conditional Use Permit
Pursuant to Section 22.58.040 of the Diamond Bar Development Code, Planning
Commission finds:
1. The proposed use is allowed within the subject zoning district with
approval of a Conditional Use Permit and provided hat the
complies with all other applicable provisions of this eveloprT
Code and the Municipal Code;
The proposed retaillcommercial shopping center is a
permitted use within the C-2 SP zoning designation.
Ac project has been designed to meet or exceed the
standards set forth in the City of Diamond Bar Code
Developm the Brea Canyon Road and Lycoming
2. The proposed use is consistent with the General applicable an
specific plan;
On July 25, 1995, the City adopted its General Plan. T
Commission has recommended that the City Council
General Plan by designating the subject property - amend
Commercial use of land with a consistent zone of C
Development Overlay, Billboard Exclusion. In addition, t
Commission has recommended that the City Council
ad( Canyon Road and Lycoming Street Specific Plan for the
property. If the City Council adopts the recommended G
Amendment, Zone Change and Specific Plan,
developmej unique for the subject property will be
3
has been analyzed and has been found to be in compliance with the
Specific Plan, Section 4 (Development Standards). The proposed -commercial
center with retail commercial, office, restaurants and a
hospitality use is consistent with the goals, objectives and development
standards set forth in the Specific Plan. In the event that the City Council does
not adopt the General Plan Amendment, the associated Zone Change or the
Specific Plan consideration of this application is moot.
3. The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the
vicinity;
The proposed 6.5 -acre commercial project has been designed to
meet the C2 zoning and site development standards and the
standards set forth in the Brea Canyon Road and Lycoming Street
draft Specific Plan. The architectural design of the proposed
buildings is contemporary in nature much like the existing
commercial buildings located in the surrounding neighborhood.
Additionally, the conditions imposed on operating procedures, site
design and on- and off-site improvements that improve ingress and
egress will ensure that the development minimizes any potential
negative impacts to public rights-of-way and adjacent commercial
and residential uses of land. The proposed project is an integral part
of the commercial development located along Brea Canyon Road
both north and south of the subject site. The proposed project will
be properly screened and buffered to reduce potential impacts on
the adjoining residential land uses.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints;
The approximate 6.50 -acre site is adequate to accommodate the
proposed retaillcommercial development, which is in compliance
with the applicable Diamond Bar Development Code development
standards, to include the Brea Canyon Road and Lycoming Street
Specific Plan. The site currently is connected to the City's sewer
system, which has been determined to be adequate to serve the
intended facilities. Approval of the Conditional Use Permit would
have no impact on these services.
5. 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;
E
Before the issuance of City development permits, the proposed p
ject is required to comply with all conditions set forth in this esolutio
and the Building and Safety Division, Public Works Division, and
Fire Department requirements. The referenced agencies throug the
permit and inspection process will ensure that the proposed project
will not be detrimental to the public health, safety or welfare no will it
be materially injurious to the properties or improv ments i the
vicinity.
The proposed project has been reviewed in comp) ce w th the
provisions of the California Environmental Quality Act (-EQA). -
The appropriate environmental analysis, in compfia
requirements of the Califomia Environmental Quality
has been conducted. Based on that assessment,
Negative Declaration was prepared and is made
administrative record.
E. Develonment Review
In accordance with Section 22.48.040 (Findings and Deci
Diamond Bar Development Code, the Planning Commis:
ermines the following findings have been justified and uphel
affirm, because of the recommended conditions of approval r
opers procedures, site and building improvements and on anc
ss measures:
The design and layout of the proposed development
is i the General Plan, development standards of the
appl design guidelines, and architectural criteria for
spe (e.g., theme areas, specific plans, community
plans, t planned developments.)
The Planning Commission has recommended
amend the General Plan Land Use for the subject
ce witp the
Act (C QA),
a mite area
part of this
ion)
Jon c
I in tl
�gardi
off -s
at
Commercial. The Planning Commission has recommeno
ed
zo
C2, Planned Development Overlay, Billboard Exclusion.
In add
the Planning Commission has recommended that the
Cit
Co
adopt the draft Brea Canyon Road and Lycoming Street
pecifi
to guide and regulate development of the subject pr
ert .
ro osed project been analyzed in terms of compliance
ith the
development standards set forth in the C2 zone dist
'ct an
Specific Plan. The submitted plans have been revised tc
ompl
the City
s zoning standards, Specific Plan standar
and .
recommended conditions of approval as developed throo
h the
internal staff review process. The project's contem o
ry buil
design is consistent with the City's adopted design guidelines and
the architectural appearance of commercial buildings located in the
surrounding neighborhood. The proposed project meets or exceeds
the development standards contained in the Specific Plan and the
Diamond Bar Development Code.
2. 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.
The resulting retaillcommercial development has been designed to
incorporate the mitigation measures set forth in the associated
traffic study and Mitigation Monitoring Plan. The proposed project
has the potential to become an integral part of the adjoining
commercial development south of Lycoming Street. The proposed
layout of the site accommodates the anticipated volumn of
pedestrian and vehicular traffic that will seek goods and services
offered on-site. The building locations and the surrounding project
edge treatment will screen and buffer the existing adjoining
residential uses from potential impacts that may be generated by
the commercial use of the project site. The City departments
responsible for public safety have been afforded an opportunity to
review and comment on the proposed project Their comments and
recommendations have been included in the project design,
environmental mitigation monitoring program, and conditions of
approval.
3. The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48, the General Plan, City Design
Guidelines, or any applicable specific plan.
The proposed contemporary architectural design is in compliance
with the provisions of the Brea Canyon Road Lycoming Street
Specific Plan and is consistent with the surrounding development in
terms of mass and scale in proportion to the site size. Furthermore,
the site layout has been designed to lessen the potential impacts on
neighboring properties. Access to the proposed project is obtained
from a fully developed public street, which improvements are
proposed to provide for adequate ingresslegress.
4. 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.
n.
The contemporafy architectural design proposes the e of a v riety of
compatible building materials and earth tone color to soften the
building's impact and assist in creating a compl mentary and
aesthetically pleasing view. Additionally, the development inc ides
extensive landscaping throughout the site to promote an enha ced
appearance.
5. The proposed project will not be detrimental to the ublic h Ith, safety, or
welfare or materially injurious (e.g., nega ve affe on property values or
resale(s) of property) to the ropertie or improvements in the vicinity.
Before the issuance of City development permits, the proposed
project is required to comply with all conditions set forth in this
solution and the Building and Safety Division, Public Works Divis on,
and Fire Depaftment requirements. The referenced agencies
through the permit and inspection process will ensure that the
proposed pr 'ect will not be detrimental to the public health, safety or
welfare no will it be materially injurious to the properties or improve
ents in the vicinity.
6. The proposed project has been reviewed in compliaice with
provisions of the California Environmental Quality Act ( EQA).
The appropriate environmental analysis, in compliance with
requirements of the Califomia Environmental Quality Act
CEQA), been conducted. Based on that assessment, a Mitiga
ed Neg, Declaration was prepared and is made part of this a
ministry record.
F. Based upon the findings and conclusion set forth herein above, he Plan ng
Commission recommends that the City Council approve Conditional se
Permit No. 2002-05 and Development Review No. 2002-0 subject to
execution and/or fulfillment of the following conditions:
Approval of this project is contingent upon the City Council's
apK of General Plan Amendment No. 2002-01, Zone Change
mend No. 2002-01, Specific Plan No. 2002-01, and Tentative
Parcel No. 26771. The effective date of this approval shall be 3
days the date of adoption of the implementing ordinances.
2. The project shall substantially conform to site plan, elevations,
landscape, and grading plan collectively Exhibit "A" as
presented to the Planning Commission on 1 2003, and as
amended herein.
7
3. 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, the 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.
4. The applicant shall be required to submit a final landscape/irrigation plan
for the entire site prepared by a licensed landscape architect that
delineates the type of planting materials color, size, quantity and
location, for review and approval by the Community and
Development Services Department/Planning Division. The plan
shall provide for a variety of grasses and ground cover, flowering
plants, and shrubs and trees. All landscaping and irrigation shall be
installed prior to the issuance of a Certificate of Occupancy.
The landscape plan shall provide for screening techniques between Brea Canyo
Road and Building No. 1. Masonry walls having a height of 36 to 42 inches
bushes and shrubs shall be used to screen the rear of the building from view.
6. An arbor structure shall be added to the Brea Canyon Road side of
Building No. 1 in order to aid in the screening of building fagade.
The design of the arbor structure shall be subject to review and
approval by the City's Community and Development Services
Department/Planning Division.
7. The landscape plan shall provide for the installation of 48 -inch box
specimen trees along the Dryander Street frontage to the
satisfaction of the City.
8. Maximum height of all structures shall not exceed 35 feet from the finish
grade at any exterior wall of the structure to the highest point of the
roofline as determined by Section 22.16.060 of the Diamond Bar
Development Code.
9. All construction activity shall be in conformity with the requirements and
limitations of the City of Diamond Bar Municipal Code as
implemented by the Building and Safety Division.
10. 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. The App icant shall
provide temporary sanitation facilities while unde construction.
11. The applicant shall comply with the requirements of the City Eng neer and
Public Works Divisions to include, but not limited to the completion
of all improvements required by the conditional app oval of
Tentative Parcel Map No. 26771.
12. Prior to the issuance of any City permits, the applicant sha I be required to
submit a final grading plan and soils report for the ity's Public Works
and Building Division review and ap roval. The preparation of the
site and the construction of the propo ed struct res shall be in
compliance with the recommendations set forth in uch soils report.
13. The Brea Canyon Road driveway shall
utilized for Og h
15. Drainage pattems and techniques shall be reviewed and approved by the
Public Works Division prior to any permit issuance; s rface water
shall drain away from the building at a 2% minimum slope. The
onsite storm drain system must be designed to carry s rface water
runoff into the flood control channel.
)ut only as shown on the submitted plans and identified
s such
iall
)e made to the satisfaction of the City Engineer.
4. Before the issuance of any City permits, the applicant sh
all submi
erosion control plan for the City's review and approval.
The erosion
n
:ontrol plan shall conform to National Pollutant Dischar
Elimina
Jon
stem NPDES standards to satisfy the Standard Urba
i Sto
Mitigation Plan SUSMP requirements. A Notice of Inte
mw
it is re u
er
ed
to be filed with the California Regional Water Quality Bo
rd RW
B
ind a Stormwater Pollution Prevention Plan SWPP is r
quired t
e
)repared, implemented and available at the mob site for
eview
Id
verification at all times during construction of this prof
ct
r
Furt
letails on SWPP requirements shall be obtained fro
lic
he Pu
'Yorks/EngineeringVorks/Engineering Division.
15. Drainage pattems and techniques shall be reviewed and approved by the
Public Works Division prior to any permit issuance; s rface water
shall drain away from the building at a 2% minimum slope. The
onsite storm drain system must be designed to carry s rface water
runoff into the flood control channel.
16. Prior to the issuance of any City permits, the proposed plans
shall be submitted to the Fire Department for approval.
17. Applicant shall make application to the water purveyor and
shall submit a "Will Serve" letter to the Planning C the
issuance of building permits.
18. Construction plans shall be engineered to meet wind los per hour
with a "C" exposure. of 80
9
19. All utility service to the proposed project shall be installed underground.
20. The applicant shall comply with the City's noise standards.
21. The 60 -foot freestanding pylon sign and 6 -foot high monument sign shall be
developed and maintained in substantial compliance with the
submitted drawings (Exhibit "B"; sign program), except as herein
modified to comply with the conditions of approval.
22. The two monument signs shall be located no closer than10-feet from the
front property line abutting Brea Canyon Road. The monument
signs shall contain the address of the subject property. The
monument signs shall contain only advertising for not more than
three shopping center tenants.
23. The freestanding pylon sign shall be redesigned to include the City logo and
words "City of Diamond Bar" to be located at the top of the sign
cabinet. The redesign is subject to the approval of the City. The project
site address shall be added to the freestanding sign.
24. All individual tenant signs and hotel wall signs shall comply with Exhibit "B"
(Comprehensive Sign Program). Each building identification sign shall require a
separate review, fee and approval. A sign permit must be obtained from the
Community and Development Services Department/Planning Division, in
addition to the required building and electrical permits from the City's Building
Division prior to installation.
25. Wall signs shall not be located on the hotel building facade facing the flood
control channel (north elevation) above the first floor.
26. All roof -mounted equipment including, but not limited to, air conditioning
and heater units, ventilation and exhaust fans, electrical and
plumbing connections, shall be decoratively obscured from public
view. Air conditioning and heating units and vents that are wall
mounted shall be screened from view in a manner acceptable to the
Planning Division.
27. The hotel building porte-cochere structures shall be redesigned to include
hipped roof structures.
28. The existing 6 -foot high masonry wall located along the northerly property
line separating the proposed development from the fast food
restaurant shall be removed in its entirety. The existing chain link
fence at this location shall be removed and removable bollards shall
be installed across the Flood Control Access Easement to provide
for emergency access to the site from Lycoming Street.
10
29. An odor diffuser shall be installed on the exhaus
vents
and
continuously maintained for all tenants aces proposed
for resta
ran
use.
30. The applicant shall be responsible for acquiring thE
approp
iat
industrial waste permits with Los Angles County. A
itionall ,
the
applicant shall conform to the NPDES requirements fc
r food waste
disposal and Health Department requirements for food
service.
31. All surface or ground mounted mechanical e ui m
nt, including
transformers, terminal boxes, air conditioner conde
sers, ris
ers
backflow devices, gas meters and electric meter cabi
ets shat I b
screened from public view and/or treated to match the
aterials
nd
colors of the building. The Community and Develop
ent Ser
ce
Department/PlanningDepartment/Planning Division require prior approv
al of s
uch
screen in /treatment.
32. Any and all exterior building and site lights shall be de
corative
and
architecturally compatible with the building design. All p
Ie site Ii
ht
shall have 90 -degree horizontal cut-off flat lenses whe
the ra
o
such lighting shall be confined to the property. The num
er, local
on,
height, style and design shall be reviewed and app
ved by
the
Community and Development Services Department/Plan
ning
Divi
ion
prior to installation.
33. A six-foot high decorative block wall shall be located alo
ng the f
od
control channel. The style and design shall be re
viewed
nd
approved by the Community and Developme
t Sery
ce
Department/PlanningDepartment/Planning Division prior to installation.
34. All handicap parking spaces shall be clearly marked an
designdesigne
ed
as such. Additionally, the applicant shall comply with Sta
tE
Handi
a
Accessibility Regulations i.e., van parking, shortes
t roUtE
t
accessible entrance, shortest pedestrian route to
the cic
se
pedestrian entrance, restrooms, ramps, handicap signs
each er
r ,
path of travel, etc.
35. The outdoor dining areas shall be cleaned on a continual
asis for
h
removal of litter and food items that constitute a nuisan
ce to pu
Ii
health and safety. Additionally, the outdoor patio dining
areas s
all
contain waste receptacles for use by the public and/
restaur
n
employees. Furthermore, the patio fumiture including u
brellas
d
waste receptacles shall be compatible with the overall d
esi n o
restaurant structures and shall be reviewed and approve
by the C
11
36. All activities, except approved outdoor dining, shall be conducted within the
confines of the buildings. Outdoor display of merchandise is
prohibited.
37. Prior to the issuance of any City permits, the applicant shall submit a
trash/recycle bin detail delineating design, construction material,
colors and overhead trellis for review and approval by the
Community and Development Services Department/Planning
Division. The design, construction materials and colors shall match
the building design.
38. The applicant shall submit a colors and materials board to the Community
and Development Services Department/Planning Division.
39. The hours of operation, except for the hotel development, shall be Sunday
through Saturday from 6:00 a.m. to 11:00 p.m. On Friday and
Saturday, the applicant shall have the option to extend the hours of
operation to 12:00 midnight.
40. No unit of the hotel development shall be rented to the same tenant for a
period exceeding thirty (30) consecutive calendar days unless specific
provisions are made pursuant to a written agreement with the City.
41. This entitlement is valid for two (2) years and shall be exercised (i.e.,
construction shall commence) within that period or this entitlement
shall automatically expire. A one (1) year extension may be
approved when submitted to the City in writing at least 60 days prior
to the expiration date. The Planning Commission may consider the
extension request at a duly noticed public hearing in accordance
with Chapter 22.72 of the City of Diamond Bar Development Code.
42. This entitlement 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 the approval date, at the City
of Diamond Bar Community and Development Services
Department, their affidavit stating that they are aware and agree to
accept all the conditions of this grant. Further, this grant shall not
become effective until the permittee pays any remaining City
processing fees.
43. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodical
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the Conditional Use Permit and
additional operational conditions may be added.
1
44. Deliveries made to businesses located on the subject be in
compliance with local codes and regulations.
exercised to ensure that the tranquility of the
surround land uses is not unduly impacted.
G. The Planning Commission shall:
(a) Certify to the adoption of this
(b) Forthwith transmit a certified cc
Louis Marcellin, 20326 Fue
Williams (Extended Stay Am
Hill, CA 90806.
lution; and
y of this Resolution, by certified to
e Drive, Walnut, CA 91789, and
-ica) 2525 Cherry Avenue, #310, S
(c) Forthwith transmit a copy of thi$ Resolution to the City of
City Council.
OVED AND ADOPTED THIS 25T" D[AY OF FEI THE
NING COMMISSION OF THE CITY OF DIAMOND BAR.
â–ºmmissioners Nelson, Nolan, Tanaka, V/C
. By:
Joe R cka, PI nning Commission Chairman
2003,
I, James DeStefano, Planning Commission Secretary, do hereby certify that e foreg
Resolution was duly introduced, passed, and adopted by the Planning Com ission o1
City of Diamond Bar, at a regular meeting of the Planning Commission held o the 25"'
of February 2003, by the following vote:
SENT: (None
BSTAIN: INone
ATTEST:
AYES:
James Deptefano, Secretary
1
b