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HomeMy WebLinkAboutPC 2004-21PLANNING COMMISSION RESOLUTION NO. 2004-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 2003-02, DEVELOPMENT REVIEW NO. 2003-07, TREE PERMIT NO. 2004-05 AND NEGATIVE DECLARATION NO. 2003-06, A REQUEST TO CONSTRUCT A TWO- STORY COMMERCIAL BUILDING OF APPROXIMTELY 52,000 SQUARE FEET WITH AN UNDERGROUND PARKING GARAGE AND REMOVE AND REPLACE ONE OAK TREE AND PEPPER TREES THE PROJECT SITE IS LOCATED AT 1035'/2 BANNING WAY, (APN #8763-007-022), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Diamond Bar Project Company and the applicant, Mr. Myung Chung, CMC Architects have filed an application for Conditional Use Permit No. 2003-02, Development Review No. 2003-07, Tree Permit No. 2004-05 and Negative Declaration No. 2003-06 for a property located at 1035'/2 Banning Way, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Tree Permit and Negative Declaration shall be referred to as the "Application." 2. On May 10, 2004, notification of the public hearing for this project was provided in the San -Gabriel Valley Tribune and Inland Valles Daily Bulletin newspapers. On May 3, 2004, public hearing notices were mailed to approximately 65 property owners within a 500 -foot radius of the project site. On May 10, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 8, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. 2003-06 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated there under, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-06 reflects the independent judgment of the City of Diamond Bar. The review period began April 5, 2004 and ended May 4, 2004. 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 located at 1035'/2 Banning Way (APN #8763-007-022). It is a vacant irregular shaped lot of approximately 97,000 square feet (2.22 acres) and located on the north side of Golden Springs Drive between Lemon Avenue and Brea Canyon Road. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is currently zoned A-1-15,000 (Light Agricultural - Minimum Lot Size 15,000 Square). If Zone Change 2002-02 is approved by the City Council, the project site will be zoned Community Commercial (C-2) which is consistent with the General Pian land use designation of General Commercial. (d) Generally, the following zones and uses surround the project site: To the north is the Pomona Freeway and retail landscape nursery; to the south (south side of Golden Springs Drive) is the Single -Family Residence -Minimum Lot Size 10, 000 square feet (R-1-10,000) a zone; to the west is the Commercial Community (C-2) zone developed with a commercial strip shopping center; and to the east is the Regional Commercial (C-3) zone developed with an office building, LA Fitness and commercial strip shopping center. 2 (e) The Application request is to construct a two-story commercial building of approximately 52,000 square feet with an underground parking garage to be utilized for general commercial and general office uses and one restaurant, thereby creating a shopping center. Additionally, the request includes the removal/replacement of one oak tree and pepper trees. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a. Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; Pursuant to Development Code Sections 22.10.030, Table 2-6 and 22.58, the proposed mixed -the use development is permitted in the C-2 zone with a Conditional Use Permit approval. Review of the project plans and application show that the proposed project complies with all the development standards required within the C-2 zone. The project request also includes Zone Change No. 2002-02 which if approved by City Council will change the existing zoning from A-1- 15,000 to C-2 for General Plan consistency. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The General Plan land use designation for the project site is General Commercial (C). Pursuant to the General Plan, this land use designation provides forregional, freeway -oriented, and/or community retail and service commercial uses with the floor area ratio (FAR) between 0.25 and 1.00. The proposed project will provide community retail and service commercial uses for the City of Diamond Bar. it will provide an FAR of 0.52. Additionally and as directed by the General Plan, the proposed project will provide revenue -generating uses in a location that serves the City's needs and will take advantage of its location which is visible from the freeway. Therefore, the proposed project will be consistent with the description of the General Plan land use designation of General Commercial. There is no applicable specific plan. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 3 As referenced above in findings (f) and (g) the proposed project is consistent with the General Plan and meets all the development standards applicable to the C-2 zoning district including parking requirements. The proposed project anticipates that the first story will be utilized for general commercial and a restaurant and second story will be utilized forgeneral offices. Pursuant to the Development Code, future tenants are required to obtain approval from the Planning Division so that individual land uses can be review forzoning compliance and operating characteristics. Additionally, the proposed building's architectural style, colors and materials are compatible with the surrounding area and similar to the L.A. Fitness and Diamond Star Plaza development and implements standards set forth in the City's Design Guidelines. The circulation design and access is adequate to accommodate the proposed project. Asa result, the proposed project's design, location, size and operating characteristics are compatible with the existing and future land uses in the vicinity, (i) 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; As referenced above in findings (f), (g) and (h), the design, location and size of the proposed project are compatible with the existing and future land uses in the vicinity. The subject site is physically suitable to accommodate the proposed project driveways as designed and located, provision of utilities, compatibility with adjoining land uses, and with the absence of physical constraints. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and As referenced in finding (f) above, granting the Minor Conditional Use Permit is required to permit a two-story mixed-use commercial center in the C-2 zoning district. Applicant submitted a traffic study, geological report, hydrology report which have been reviewed or are under going review. The traffic study has been approved with the applicant paying their `fair share" of traffic improvement measures. Additionally, the applicant will be installing public improvements related to sidewalks, streetlights, street trees, curbs, gutters and dedication of property for Banning Way improvements.. Furthermore, the proposed project complies with all the applicable development 4 standards required for the C-2 zone. Therefore, granting a Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located, (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). An Initial Study review and Negative Declaration No. 2003-06 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1,970 and guidelines promulgated there under, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-06 reflects the independent judgment of the City of Diamond Bar. The review period began April 5, 2004 and ended May 4, 2004. Development Review (1) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). As referenced above in findings (g) and (h), the proposed project is consistent with the General Plan. It is also consistent with all applicable development standards of the C-2 zoning district. The proposed project's architectural style, colors and materials are compatible with the surrounding area and similar to the L.A. Fitness and Diamond Star Plaza development and implements the standards set forth in the City's Design Guidelines. (m) 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 referenced above in findings (g), (h) and (i), the proposed project can be accommodated at the project site (n) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. 5 As referenced above in findings (g), (h), (i) and Q), the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (o) 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 findings (g), (h), (i) and (j), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (p) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Los Angeles County Fire Department and Walnut Valley Water District requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); An initial Study review and Negative Declaration No. 2003-06 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated there under, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-06 reflects the. independent judgment of the City of Diamond Bar. The review period began April 5, 2004, and ended May 4, 2004. A Tree Permit (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (r) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (s) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (t) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (u) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (v) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (w) The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (x) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The proposed project site contains several tree species (i.e., Mulberry, Eucalyptus, Shamel Ash, Magnolia, a California Fan Palm, Italian Cypress, Olive California Pepper, Brazilian Pepper, Japanese Black Pine, Coast Live Oak, and Monterey Pine trees). Pursuant to the City's Development Code, Califomia pepper trees where appropriate and oak trees are required to be protected, preserves, or replaced if theirsize is eight inches in diameter at breast height (DBH). The project site contains one Coast Live Oak and two Califomia pepper trees (see attachment Califomia Arbor Care arborist report). The oak tree is located toward the center of the project site and within the proposed building area and will need to be removed due to its location. Its DBH is 12 to 14 inches and is in good health with die back. The California pepper trees ha ve a DBH range from 10 7 to 12 and 14 to 16 inches. One California pepper tree has a health rating of fair with die back, leaning and diseased. The second one has a health rating of fair. These trees are located adjacent to the south property line that abuts the building of the existing strip center. One tree may interfere with the proposed parking spaces and drive isle. In this case, due to the health and location of the California pepper trees, staff believes it is appropriate to remove them. Staff also believes that replacing the oak tree on site at a 3:1 ratio minimum 36 inch box size may not be appropriate. Oak trees require special growing conditions, monitored watering and monitoring for a certain period of time. It this case, it may be more appropriate for the applicant to contribute/donate the cost and planting of the replacement trees to the. City's tree replacement fund, thereby allowing the City to plant the replacement trees on publicly owned property. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated June 8, 2004, as submitted and approved by the Planning Commission, and 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan in compliance with the City's Water Efficient Landscape Regulations pursuant to Development Code Section 22.36. Said plans shall be plan checked accordingly by the City. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. (d) Prior to final inspection or Certificate of Occupancy, the applicant shall submit a Transportation Demand Management Plan for the City's review and approval pursuant to Development Code Section 22.40. (e) Prior to final inspection or Certificate of Occupancy, the applicant shall install or contribute the cost and planting of the replacement trees at a 3:1 ratio (three oak tree and six California pepper each 36 inch box size) to the City's tree replacement fund, thereby allowing the City to plant the replacement trees on publicly owned property. (f) Prior to the issuance of any City permits, the applicant shall submit a detail in compliance with the City's Design Guidelines for the proposed trash/recycling bin enclosures for the City's review and approval. (g) Prior to the issuance of any City permits, the applicant shall submit a revised parking lot lighting pian/photometric study for the City's review and approval in compliance with Development Code Section 22.30.70 (9) which contains general requirements for parking lot lighting. The final plan shall delineate the extreme limits of the proposed lighting, style, height and shielding of the proposed light fixtures and the device utilized for automatic turn -on and turn-off of lighting. (h) Signs are not a part of this entitlement. Signs for the proposed project shall be submitted for review and approval through the City's Comprehensive Sign Program prior to their installation. Public Works Division (i) Prior to issuance of building permits, the applicant shall provide an Irrevocable Offer of Dedication (2'x length of property along Banning Way) to the City to accommodate a 22 foot half street right-of-way (44 foot total right-of-way) from the street centerline on the west side of Banning Way. Q) A soils and geotechnical report prepared by a Soil & Geotechnical Engineer, licensed by the State of California shall be approved by the City concurrently with the grading Plan submittal. (k) A hydrology study, hydraulic calculations, grading and erosion control plans and earthwork calculations in accordance with the City . standards prepared by a Civil Engineer, licensed by the State of California shall be approved by the City concurrently with the grading plan submittal. E (I) Prior to building plan submittal, the grading plans shall be reviewed and approved by the Public Works Division. The grading plan shall show the location of all retaining walls, elevations of the top of walls/footings and the finished grade on both sides of the retaining wall. Calculations shall be submitted to the Building and Safety Division. (m) Prior to issuance of a grading permit, any proposed stockpile location for grading export materials as well as the route of transport shall be provided. All trucks hauling dirt, sand or other loose materials shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). (n) The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans and submit Standard Urban Storm water Mitigation Plan/report (SUSMP) for construction and post -construction activities respectively. (o) Prior to issuance of any City permits, the applicant shall submit off- site improvement plans for all work within the City right-of-way for Banning Way, Golden Springs Drive and Lemon Avenue. Said plans shall include but are not limited to the following: (1) Reconstruction of the westerly half of Banning Way north of Golden Springs Drive including but not limited to curb, gutter and sidewalk, driveways, drainage facilities, sewer facilities, street lights, street trees, asphalt pavement, striping and signage. (2) Upgrading of the cross gutter, access ramps; repair curb, gutter and sidewalk on Golden Springs Drive and Lemon Avenue identified during the plan check. (3) Coordination of the requirements for relocation and/or installation of additional street lights on Banning Way, Golden Springs Drive and Lemon Avenue with the Los Angeles County Lighting Division and Southern California Edison. Incorporate all the requirements on the off-site improvement plans. The street lights shall be annexed into the County Lighting Maintenance District 10006 and Country Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained prior to construction. 10 (p) Applicant shall be responsible for sewer and storm drain connection and coordinate with all appropriate utility companies to obtain underground utility services for the project and relocate facilities as necessary to construct all on and off site improvements. All overhead utilities shall be relocated underground. Any improvements required such as extension of sewer or storm drain lines shall be submitted to the City and L.A. County for review and approval. The applicant shall bear all costs associated with the improvement, review and approval for the addition of sewer or storm drains. (q) Prior to final inspection or Certificate of Occupancy issuance, the applicant shall install appropriate signage and/or paint curb red on the west side of Banning Way. (r) Prior to final inspection or Certificate of Occupancy issuance, the applicant shall replace any centerline ties and monuments that are removed as part of this construction and record said replacement with the Los Angeles County Public Works Survey Division. (s) All on and off site storm water discharge shall be drained into an underground facility. (t) The applicant shall obtain written approval from Cal Trans and the Los Angeles County Department of Public Works for both on and off site discharge flows into Cal Trans right-of-way and connection into the County storm drain system. (u) Applicant shall coordinate and provide access to adjacent properties at all times during on and off-site construction. (v) Prior to the issuance of any City permits, the applicant shall submit retaining wall plans to the Building and Safety Division and obtain construction permit from the Building and Safety Division. (w) Within 60 days of Planning Commission approval, the applicant shall submit a revised traffic study addressing all on and off site circulation and driveway access for the City's review and approval. The revised traffic study is required to consider the closing of Banning Way to the potential Diamond Interchange on State Route 60 at Lemon Avenue. Prior to the issuance of any City permits, the applicant shall submit a revised site plan that implements measures recommended in the revised traffic study and approved by the City. Prior to final inspection or issuance of Certificate of Occupancy, the applicant shall implement 11 said City approved measures. In addition, the applicant shall prepare a traffic study in accordance with the May 3, 2004, Cal Trans letter and submit the traffic study to Cal Trans for review and approval. (x) Prior to final inspection or applicant shall pay a "fair improvements to mitigate 1 follows;. Certificate of Occupancy issuance, the share" amount of $67,252.00 for the he following impacted intersections as (1) Add a second southbound left turn lane at the intersection of Lemon and Golden Springs. The fair share contribution shall be $8,886.00. (2) Re -stripe to add one through lane both northbound and southbound at the intersection of Brea Canyon and Lycoming. The fair share contribution is $262.00. (3) At the intersection of Golden Springs and Brea Canyon Road add a northbound right turn lane (widening would be required in order to provide proper alignments through the intersection), add a second northbound left turn lane, and add a second westbound left turn lane. The fair share contribution shall be $14,190.00 based on an estimate of $300,000.00 by the City since this estimate was not provided by the applicant's engineer. (4) Installation of a traffic signal at the intersection of Lemon and Walnut Drive. The fair share contribution shall be $10,205.00. (5) Installation of a traffic signal at Banning Way and Golden Springs. The fair share contribution shall be $33,709.00. Building and Safe Division (y) Prior to final inspection or Certificate of Occupancy issuance, the applicant shall install all required interior and exterior handicapped signs. (z) Prior to plan check submittal and on a revised site plan, the applicant shall delineate the path of travel (striping) from parking lot to building and from curb to building and one handicapped van parking space. The path of travel from the handicap parking to the building may not exceed a cross slope of two percent. 12 (aa) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (bb) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (cc) Prior to plan check submittal and on a revised site plan, the applicant shall delineate ramp slope percentage to the underground parking. Los Angeles County Fire Department (dd) Prior to the issuance of any City permits, the applicant shall submit plans to the fire department for review. It is required that this project comply with all fire department requirements. In addition, this project shall comply with the follow fire department requirements: (1) Provide a minimum, unobstructed width of 26 feet clear to sky, vehicular access to within 150 feet of all portions of the exterior walls. (2) Fire lane shall be around the entire building. (3) Provide the required fire flow for the public fire hydrant at the project site of 3,375 gallons per minute at 20 psi for a duration of three hours, over and above maximum daily domestic demand; (4) Provide the required fire flow for on-site hydrants at 2,500 gallons per minute at 20 psi. Each on-site hydrant must be capable of flowing 1,250 gallons per minute at 20 psi with ant two hydrants flowing simultaneously; (5) Provide an approved fire sprinkler system; (6) Provide plans showing underground piping of on-site hydrants; (7) On-site protection facilities shall be installed, tested and except prior to occupancy; and (8) Hydrostatic test and flushing of the hydrant and/or sprinkler system shall be witnessed by the proper fire department representative and no underground piping shall be covered with earth or hidden from view until the fire department representative has been notified and given no less than 48 hours in which to inspect such installations. 13 (ee) Prior to issuance of any development permits, the Los Angeles County Fire Department shall review revisions to the site plan and traffic study . Walnut Valley Water District (ff) Prior to the issuance of any City permits, the applicant shall upsize the existing one inch domestic metered service. (gg) If applicable, the applicant shall provide an additional recycled metered service for landscape irrigation. (hh) Prior to the issuance of any City permits, the applicant shall submit an application for service and provide demand information once final building facility design has been approved. (ii) This grant shall not be valid unless Zone Change No. 2002-02 has been adopted and effective. (jj) 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. (kk) 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. (II) 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. 14 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar Project Company, 11618 South Street, Artesia, CA 91789 and CMC Architects, Myung Chung, 3380 Flair Drive, EI Monte, CA 91731. APPROVED AND ADOPTED THIS 8Th OF JUNE 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: &;a Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of June 2004, by the following vote: AYES: Commissioners: Tye, VC/Tanaka, McManus, C/Nolan NOES: Commissioners: Low ABSTAIN: None ABSENT: None ATTEST: 15 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT CITY COUNCIL APPROVE CONDITIONAL USE PERMIT NO. 2003-02, DEVELOPMENT REVIEW NO. 2003-07, TREE PERMIT NO. 2004-05 AND NEGATIVE DECLARATION NO. 2003-06, A REQUEST TO CONSTRUCT A TWOSTORY COMMERCIAL BUILDING OF APPROXIMTELY 52,000 SQUARE FEET WITH AN UNDERGROUND PARKING GARAGE AND REMOVE AND REPLACE ONE OAK TREE AND PEPPER TREES THE PROJECT SITE IS LOCATED AT 103572 BANNING WAY, (APN #8763- 007-022), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Bar Project Company and the applicant, Mr. Myung Chung, CMC Architects have filed an application for Conditional Use Permit No. 2003-02, Development Review No. 2003-07, Tree Permit No. 2004-05 and Negative Declaration No. 2003-06 for a property located at 1035'/2 Banning Way, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Tree Permit and Negative Declaration shall be referred to as the "Application." 2. On May 10, 2004, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On May 3, 2004, public hearing notices were mailed to approximately 65 property owners within a 500 -foot radius of the project site. On May 10, 2004, the project site was posted with a display board and the public notice was posted in three public places. 3. On June 8, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 2003-06 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated there under, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-06 reflects the independent judgment of the City of Diamond Bar. The review period began April 5, 2004 and ended May 4, 2004. 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 located at 10351/2 Banning Way (APN 48763-007- 022). It is a vacant irregular shaped lot of approximately 97,000 square feet (2.22 acres) and located on the north side of Golden Springs Drive between Lemon Avenue and Brea Canyon Road. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is currently zoned A-1-15,000 (Light AgriculturalMinimum Lot Size 15,000 Square). If Zone Change 2002-02 is approved by the City Council, the project site will be zoned Community Commercial (C-2) which is consistent with the General Plan land use designation of General Commercial. (d) Generally, the following zones and uses surround the project site: To the north is the Pomona Freeway and retail landscape nursery; to the south (south side of Golden Springs Drive) is the Single - Family Residence -Minimum Lot Size 10, 000 square feet (R-1- 10,000) a zone; to the west is the Commercial Community (C-2) zone developed with a commercial strip shopping center; and to the east is the Regional Commercial (C-3) zone developed with an office building, LA Fitness and commercial strip shopping (e) The Application request is to construct a two-story commercial building of approximately 52,000 square feet with an underground parking garage to be utilized for general commercial and general office uses and one restaurant, thereby creating a shopping center. Additionally, the request includes the removal/replacement of one oak tree and pepper trees. Conditional Use Permit (f The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; Pursuant to Development Code Sections 22.10.030, Table 2-6 and 22.58, the proposed mixed -the use development is permitted in the C-2 zone with a Conditional Use Permit approval. Review of the project plans and application show that the proposed project complies with all the development standards required within the C-2 zone. The project request also includes Zone Change No. 2002-02 which if approved by City Council will change the existing zoning from A-115,000 to The proposed use is consistent with the General Plan and any applicable specific plan; The General Plan land use designation for the project site is General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway -oriented, and/or community retail and service commercial uses with the floor area ratio (FAR) between 0.25 and 1.00. The proposed project will provide community retail and service commercial uses for the City of Diamond Bar. It will provide an FAR of 0.52. Additionally and as directed by the General Plan, the proposed project will provide revenue -generating uses in a location that serves the City's needs and will take advantage of its location which is visible from the freeway. Therefore, the proposed project will be consistent with the description of the General Plan land use designation of General Commercial. There is no (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As referenced above in findings (f) and (g) the proposed project is consistent with the General Plan and meets all the development standards applicable to the C-2 zoning district including parking requirements. The proposed project anticipates that the first story will be utilized for general commercial and a restaurant and second story will be utilized for general offices. Pursuant to the Development Code, future tenants are required to obtain approval from the Planning Division so that individual land uses can be review forzoning compliance and operating characteristics. Additionally, the proposed building's architectural style, colors and materials are compatible with the surrounding area and similar to the L.A. Fitness and Diamond Star Plaza development and implements standards set forth in the City's Design Guidelines. The circulation design and access is adequate to accommodate the proposed project. As a result, the proposed project's design, location, size and operating characteristics are compatible with the existing and future land uses in the vicinity, (j 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; As referenced above in findings (f), (g) and (h), the design, location and size of the proposed project are compatible with the existing and future land uses in the vicinity. The subject site is physically suitable to accommodate the proposed project driveways as designed and located, provision of utilities, compatibility with adjoining land uses, and with the absence of physical constraints. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and As referenced in finding (f) above, granting the Minor Conditional Use Permit is required to permit a two-story mixed-use commercial center in the C-2 zoning district. Applicant submitted a traffic study, geological report, hydrology report which have been reviewed or are under going review. The traffic study has been approved with the applicant paying their "fair share" of traffic improvement measures. Additionally, the applicant will be installing public improvements related to sidewalks, streetlights, street trees, curbs, gutters and dedication of property for Banning Way improvements.. Furthermore, the proposed project complies with all the applicable standards required for the C-2 zone. Therefore, granting a Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). An Initial Study review and Negative Declaration No. 2003-06 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated there under, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-06 reflects the independent judgment of the City of Diamond Bar. The review period began April 5, 2004 and ended May 4, 2004. Development Review (I The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). As referenced above in findings (g) and (h), the proposed project is consistent with the General Plan. It is also consistent with all applicable development standards of the C-2 zoning district. The proposed project's architectural style, colors and materials are compatible with the surrounding area and similar to the L.A. Fitness and Diamond Star Plaza development and implements the standards set forth in the City's Design 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 referenced above in findings (g), (h) and (i), the proposed project can be accommodated at the project site (n) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. As referenced above in findings (g), (h), (i) and Q), the proposed project will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. There is not an applicable specific plan for this area. (o) 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 findings (g), (h), (i) and Q), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Los Angeles County Fire Department and Walnut Valley Water District requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); An Initial Study review and Negative Declaration No. 2003-06 have been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated there under, pursuant to Section 15070. Furthermore, Negative Declaration No. 2003-06 reflects the. independent judgment of the City of Diamond Bar. The review period began April 5, 2004, and ended May 4, 2004. Tree (It shall be necessary that one or more of the following findings is made, otherwise the application shall be denied.) (r) The tree is so poorly formed due to stunted growth that its preservation would not result in any substantial benefits to the community; (s) The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); (t) The tree is a potential public health and safety hazard due to the risk of it falling and its structural instability cannot be remediated; (u) The tree is a public nuisance by causing damage to improvements, (e.g., building foundation, retaining walls, roadways/driveways, patios, and decks); (v) The tree is host to an organism, which is parasitic to another species of tree that is in danger of being exterminated by the parasite; (w The tree belongs to a species which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and (x) Preservation of the tree is not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards The proposed project site contains several tree species (i.e., Mulberry, Eucalyptus, Shamel Ash, Magnolia, a California Fan Palm, Italian Cypress, Olive California Pepper, Brazilian Pepper, Japanese Black Pine, Coast Live Oak, and Monterey Pine trees). Pursuant to the City's Development Code, California pepper trees where appropriate and oak trees are required to be protected, preserves, or replaced if their size is eight inches in diameter at breast height (DBH). The project site contains one Coast Live Oak and two California pepper trees (see attachment California Arbor Care arborist report). The oak tree is located toward the center of the project site and within the proposed building area and will need to be removed due to its location. Its DBH is 12 to 14 inches and is to 12 and 14 to 16 inches. One California pepper tree has a health rating of fair with die back, leaning and diseased. The second one has a health rating of fair. These trees are located adjacent to the south property line that abuts the building of the existing strip center. One tree may interfere with the proposed parking spaces and drive isle. In this case, due to the health and location of the California pepper trees, staff believes it is appropriate to remove them. Staff also believes that replacing the oak tree on site at a 3:1 ratio minimum 36 inch box size may not be appropriate. Oak trees require special growing conditions, monitored watering and monitoring for a certain period of time. It this case, it may be more appropriate for the applicant to contribute/donate the cost and planting of the replacement trees to the City's tree replacement fund, thereby allowing the City to plant the replacement trees on publicly 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, sections and final landscape/irrigation plan collectively labeled as Exhibit "A" dated June 8, 2004, as submitted and approved by the Planning Commission, and 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) Prior to the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan in compliance with the City's Water Efficient Landscape Regulations pursuant to Development Code Section 22.36. Said plans shall be plan checked accordingly by the City. Prior to final inspection or Certificate of Occupancy, all landscaping/irrigation shall be installed. (d) Prior to final inspection or Certificate of Occupancy, the applicant shall submit a Transportation Demand Management Plan for the City's review and approval pursuant to Development Code Section 22.40. (e) Prior to final inspection or Certificate of Occupancy, the applicant shall install or contribute the cost and planting of the replacement trees at a 3:1 ratio (three oak tree and six California pepper each 36 inch box size) to the City's tree replacement fund, thereby allowing the City to plant the replacement trees on publicly owned property. (f Prior to the issuance of any City permits, the applicant shall submit a detail in compliance with the City's Design Guidelines for the proposed trash/recycling bin enclosures for the City's review and approval. Prior to the issuance of any City permits, the applicant shall submit a revised parking lot lighting plan/photometric study for the City's review and approval in compliance with Development Code Section 22.30.70 (9) which contains general requirements for parking lot lighting. The final plan shall delineate the extreme limits of the proposed lighting, style, height and shielding of the proposed light fixtures and the device utilized for automatic turn -on and turn-off of lighting. (h) Signs are not a part of this entitlement. Signs for the proposed project shall be submitted for review and approval through the City's Comprehensive Sign Program prior to their installation. Public Works Division (i Prior to issuance of building permits, the applicant shall provide an Irrevocable Offer of Dedication (2'x length of property along Banning Way) to the City to accommodate a 22 foot half street right-of-way (44 foot total right-of-way) from the street centerline on the west side of Banning Way. A soils and geotechnical report prepared by a Soil & Geotechnical Engineer, licensed by the State of California shall be approved by the City concurrently with the grading Plan submittal. (k) A hydrology study, hydraulic calculations, grading and erosion control plans and earthwork calculations in accordance with the City . standards prepared by a Civil Engineer, licensed by the State of California shall be approved by the City concurrently with the grading plan submittal. Prior to building plan submittal, the grading plans shall be reviewed and approved by the Public Works Division. The grading plan shall show the location of all retaining walls, elevations of the top of walls/footings and the finished grade on both sides of the retaining wall. Calculations shall be submitted to the Building and Safety Division. (m Prior to issuance of a grading permit, any proposed stockpile location for grading export materials as well as the route of transport shall be provided. All trucks hauling dirt, sand or other loose materials shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). (n) The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans and submit Standard Urban Storm water Mitigation Plan/report (SUSMP) for construction and post -construction activities respectively. (o) Prior to issuance of any City permits, the applicant shall submit offsite improvement plans for all work within the City right-of-way for Banning Way, Golden Springs Drive and Lemon Avenue. Said plans shall include but are not limited to the following: Reconstruction of the westerly half of Banning Way north of Golden Springs Drive including but not limited to curb, gutter and sidewalk, driveways, drainage facilities, sewer facilities, street lights, street trees, asphalt pavement, striping and signage. (2) Upgrading of the cross gutter, access ramps; repair curb, gutter and sidewalk on Golden Springs Drive and Lemon Avenue identified during the plan check. Coordination of the requirements for relocation and/or installation of additional street lights on Banning Way, Golden Springs Drive and Lemon Avenue with the Los Angeles County Lighting Division and Southern California Edison. Incorporate all the requirements on the off-site improvement plans. The street lights shall be annexed into the County Lighting Maintenance District 10006 and Country Light District LLA -I Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained prior to construction. 1 ( Applicant shall be responsible for sewer and storm drain connection and coordinate with all appropriate utility companies to obtain underground utility services for the project and relocate facilities as necessary to construct all on and off site improvements. All overhead utilities shall be relocated underground. Any improvements required such as extension of sewer or storm drain lines shall be submitted to the City and L.A. County for review and approval. The applicant shall bear all costs associated with the improvement, review and approval for the addition of sewer or storm drains. ( Prior to final inspection or Certificate of Occupancy issuance, the applicant shall install appropriate signage and/or paint curb red on the west side of Banning Way. (r) Prior to final inspection or Certificate of Occupancy issuance, the applicant shall replace any centerline ties and monuments that are removed as part of this construction and record said replacement with the Los Angeles County Public Works Survey Division. (s) All on and off site storm water discharge shall be drained into an underground facility. (t) The applicant shall obtain written approval from Cal Trans and the Los Angeles County Department of Public Works for both on and off site discharge flows into Cal Trans right-of-way and connection into the County storm drain system. (u) Applicant shall coordinate and provide access to adjacent properties at all times during on and off-site construction. (v) Prior to the issuance of any City permits, the applicant shall submit retaining wall plans to the Building and Safety Division and obtain construction permit from the Building and Safety Division. (w Within 60 days of Planning Commission approval, the applicant shall submit a revised traffic study addressing all on and off site circulation and driveway access for the City's review and approval. The revised traffic study is required to consider the closing of Banning Way to the potential Diamond Interchange on State Route 60 at Lemon Avenue. Prior to the issuance of any City permits, the applicant shall submit a revised site plan that implements measures recommended in the revised traffic study and approved by the City. Prior to final inspection or issuance of Certificate of Occupancy, the applicant shall 1 said City approved measures. In addition, the applicant shall prepare a traffic study in accordance with the May 3, 2004, Cal Trans letter and submit the traffic study to Cal Trans for review and approval. (x) Prior to final inspection or Certificate of Occupancy issuance, the applicant shall pay a "fair share" amount of $67,252.00 for the improvements to mitigate the following impacted intersections as follows;. (1 Add a second southbound left turn lane at the intersection of Lemon and Golden Springs. The fair share contribution shall be $8,886.00. (2) Re -stripe to add one through lane both northbound and southbound at the intersection of Brea Canyon and Lycoming. The fair share contribution is $262.00. ( At the intersection of Golden Springs and Brea Canyon Road add a northbound right turn lane (widening would be required in order to provide proper alignments through the intersection), add a second northbound left turn lane, and add a second westbound left turn lane. The fair share contribution shall be $14,190.00 based on an estimate of $300,000.00 by the City since this estimate was not provided by the applicant's engineer. (4) Installation of a traffic signal at the intersection of Lemon and Walnut Drive. The fair share contribution shall be $10,205.00. Installation of a traffic signal at Banning Way and Golden Springs. The fair share contribution shall be $33,709.00. Building and Safety Prior to final inspection or Certificate of Occupancy issuance, the applicant shall install all required interior and exterior handicapped signs. (z) Prior to plan check submittal and on a revised site plan, the applicant shall delineate the path of travel (striping) from parking lot to building and from curb to building and one handicapped van parking space. The path of travel from the handicap parking to the building may not exceed a cross slope of two percent. 1 (aa) Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements. (bb) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (cc) Prior to plan check submittal and on a revised site plan, the applicant shall delineate ramp slope percentage to the underground parking. Los Angeles County Fire (dd) Prior to the issuance of any City permits, the applicant shall submit plans to the fire department for review. It is required that this project comply with all fire department requirements. In addition, this project shall comply with the follow fire department Provide a minimum, unobstructed width of 26 feet clear to sky, vehicular access to within 150 feet of all portions of the exterior walls. (2) Fire lane shall be around the entire building. (3) Provide the required fire flow for the public fire hydrant at the project site of 3,375 gallons per minute at 20 psi for a duration of three hours, over and above maximum daily domestic (4) Provide the required fire flow for on-site hydrants at 2,500 gallons per minute at 20 psi. Each on-site hydrant must be capable of flowing 1,250 gallons per minute at 20 psi with ant two hydrants flowing simultaneously; (5) Provide an approved fire sprinkler system; (6) Provide plans showing underground piping of on-site hydrants; (7) On-site protection facilities shall be installed, tested and except prior to occupancy; and (8) Hydrostatic test and flushing of the hydrant and/or sprinkler system shall be witnessed by the proper fire department representative and no underground piping shall be covered with earth or hidden from view until the fire department 1 (ee) Prior to issuance of any development permits, the Los Angeles County Fire Department shall review revisions to the site plan and traffic study. Walnut Valley Water District (ff) Prior to the issuance of any City permits, the applicant shall upsize the existing one inch domestic metered service. (g If applicable, the applicant shall provide an additional recycled metered service for landscape irrigation. (hh) Prior to the issuance of any City permits, the applicant shall submit an application for service and provide demand information once final building facility design has been approved. (ii) This grant shall not be valid unless Zone Change No. 2002-02 has been adopted and effective. 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. (kk) 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. (II) 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. 1 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar Project Company, 11618 South Street, Artesia, CA 91789 and CMC Architects, Myung Chung, 3380 Flair Drive, El Monte, CA 91731. APPROVED AND ADOPTED THIS 8Th OF JUNE 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:�Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of June 2004, by the following vote: AYES: Commissioners: Tye, VC/Tanaka, McManus, C/Nolan NOES: Commissioners: Low ATTEST 1