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HomeMy WebLinkAboutPC 2004-24PLANNING COMMISSION RESOLUTION NO. 2004- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2004-01, ZONE CHANGE NO. 2004-02, SPECIFIC PLAN NO. 2004-01; DEVELOPMENT AGREEMENT NO. 2004-01 ALL REGARDING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 70 -ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE AND IDENTIFIED AS ASSESSORS PARCEL NUMBERS - 8293-045-004,8293-045- 005, 8293-045-006, 8293-045-0075 8293-045-008 and 8293-045-009, CONSISTING OF 200 MULTI -FAMILY RESIDENTIAL UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL, RETAIL AND INSTITUTIONAL USES. A. RECITALS The applicant, Lewis Diamond Bar, LLC (Lewis), acting as the agent for the property owners, Inter Community Health Services and Hidden Manna Corporation, has filed an application for General Plan Amendment No. 2004-01, Zone Change No. 2004-02, Specific Plan No. 2004-01, Development Agreement No. 2004-01 and an Addendum to the previously certified Medical Plaza Environmental Impact Report (Planning Commission Resolution No. 93-11) and to the previously certified Economic Revitalization Area Environmental Impact Report (City Council Resolution No. 97-51) pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq. regarding development of a site comprised of approximately 70 -acres generally located at the southeast corner of Grand Avenue and Golden Springs Drive and identified as Assessors Parcel Numbers - 8293-045-004, 8293- 045-0051 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009 with 200 multi -family residential housing units, 50,000 square feet of institutional uses and 220,000 square feet of commercial/retail uses. Hereinafter in this Resolution, the subject applications shall be referred to as the "Application," and the proposed development as the "project." 2. The applicant has specifically requested the City to approve the following: (a) A certification of an addendum to certain prior Environmental Impact Reports concerning the Property; (b) General Plan Amendment No. 2004-01, changing the General Plan designation of a 14 -acre portion of the Property from Planning Area 3/Specific Plan/Professional Office to Planning Area 3/Specific Plan/High Density Residential; (c) Zone Change No. 2004-02, modifying the City's Zoning Map to notate the Property as within the SP (Specific Plan) zoning district, with sub -areas of RH (High -Density Residential), OS (Open Space) and C-3 (Regional Commercial) uses; (d) Specific Plan No. 2004-01, delineating the Applicant's proposal for development of Diamond Bar Village on the Property; and (e) Approval of Development Agreement No. 2004-01 concerning terms and conditions of the development of Diamond Bar Village on the Property; 3. On June 10, 2004, public hearing notices were mailed to approximately 906 property owners of record within a 700 -foot radius of the project. Furthermore, on June 10, 2004, the project site was posted with a required display board and public notices were posted in three public places. On June 11, 2004, Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. The Community and Development Services Department has determined that the proposed General Plan Amendment, Zone Change, Specific Plan and Development Agreement represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 5. On June 22, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a public hearing on the Application. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community and Development Services, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. 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 I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends as follows: E 3. The Planning Commission does hereby recommend to the City Council approval of General Plan Amendment No. 2004-01 for Diamond Bar Village based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2004-01 will permit residential, rather than office, in an area adjacent to an existing residential development. The General Plan Amendment promotes appropriate mixing of land uses, allows construction of a mixed-use development that includes open -space preservation and provides for a commercial -retail use that adds to the City's tax base. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. The Planning Commission recommends that the existing approximate 43 - acre vacant site located generally near southeast corner of Grand Avenue and Golden Springs Drive, more particularly described as (APN 8293-045- 004 and 8293-045-005,) shall have a General Plan Land Use designation of Planning Area 3 /Specific Plan / High Density Residential for Parcel 2 of Parcel Map No. 14819 and shall retain the existing Open Space Land Use designation for Parcel 3 of Parcel Map No. 14819. In accordance with the Specific Plan, 2.7 acres of Parcel 2 located adjacent to Grand Avenue may be developed as an Office / Business Park. 4. The Planning Commission does hereby recommend to the City Council approval of Zone Change No. 2004-02 for Diamond Bar Village based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-3/SP (Planning Area-3/Specific Plan. Zone Change No. 2004-02 will place the City's Zoning Map in conformance with the General Plan by designating the Property as SP (Specific Plan), with sub- areas corresponding to those in the DBV Specific Plan. The existing approximate 70 -acre site located generally near the southeast corner of Grand Avenue and Golden Springs Drive, more particularly described as (APN 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293- 045-008 and 8293-045-009) shall have a zoning district designation of SP - Specific Plan. 3 5. The Planning Commission does hereby recommend to the City Council approval of Specific Plan No. 2004-01 for Diamond Bar Village based on the following findings, as required by Section 22.60.060 of the Municipal Code and in conformance with California Government Code Section 65450 et seq. a. The Specific Plan is consistent with the General Plan and other adopted goals and policies of the City. Specific Plan No. 2004-01 covers an area notated as a specific plan area under the General Plan (as amended) and includes those land uses provided for under PA-3/SP (Planning Area-3/Specific Plan). It consists of a mixed-use development that is appropriate for the area and meets all submittal requirements for the City of Diamond Bar and Government Code Section 65451. Therefore, it is consistent with the General Plan and other City policies. b. The Specific Plan is in compliance with the provisions of the California Environmental Quality Act (CEQA). The Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considers potential environmental impacts of DBV and the Specific Plan and meets all requirements for compliance with CEQA. The proposed Specific Plan is consistent with the General Plan Land Use Element Objectives 1.1 and 1.3 and Strategies 1.1.9, 1.3.1, 1.3.2 and 1.3.5, and other adopted goals and policies of the City because the proposed Specific Plan will provide innovative use of land development with its combination of residential, office, retail, restaurant, institutional and parking uses as specifically delineated in the Diamond Bar Village Specific Plan for the area of the project site. The implementation of the Specific Plan will provide additional housing, additional employment and will provide revenue generation uses in a location that serves the City's needs. Additionally, the proposed Specific Plan has been prepared pursuant to the provisions of Government Code Section 65450. 6. The Planning Commission does hereby recommend to the City Council approval of Development Agreement No. 2004-01, with finalization and execution by the City Manager, for Diamond Bar Village based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq. a. The Development Agreement would be in the best interests of the City. Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the DBV development time table, impact fees, applicable ordinances, overall development n standards and similar matters. The proposed DBV project will also transform an underutilized and graded site into a functional and attractive development that will contribute to the City's tax base. Because of this, the Agreement is in the best interests of the City and its residents. b. The Development Agreement is consistent with the General Plan, any applicable Specific Plan and the Development Code. Diamond Bar Village, the subject of Development Agreement 2004-01, is consistent with the General Plan (as amended), is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. C. The Development Agreement would promote the public interest and welfare of the City. As stated above, Diamond Bar Village is a mixed-use development that preserves open space and expands the City's tax base. It retains a residential use adjacent to an existing residential area and limits the commercial -retail and institutional use to an area adjacent to a major intersection. Development Agreement No. 2004-01 implements this development plan and thus promotes the public interest and welfare. d. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq. and Chapter 22.62 of the Development Code establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. 7. The Planning Commission does hereby recommend to the City Council that those Conditions of Approval attached as Exhibit A and incorporated herein by reference, shall be conditions to those matters specified in this Resolution. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. 5 APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: [Yad 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 22nd day of June 2004, by the following vote: AYES: Commissioners: Tye, McManus, Low, VC/Tanaka, C/Nolan NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. Total new non-residential gross leaseable square footage on the "lower parcels," as defined and delineated in the "Diamond Bar Village Specific Plan" (Lewis Investment Company, LLC, May 25, 2004) shall not exceed 207,781 square feet unless a subsequent traffic study, addressing the traffic - related impacts associated with any such increase, is submitted to and deemed acceptable by the City or unless such increase can be determined by the City to not result in any substantial increase in project -related traffic. Condition of Project Approval No. 2. All exterior paints utilized for the project's initial construction shall conform to the following specification: All primers and topcoats shall contain 200 grams or less of VOC per liter of coating, less water, less exempt compounds, and less any colorant added to tint bases. Alternatively, the Applicant shall demonstrate that the project's selected finishes and exterior wall features would result in a comparable reduction in -basin VOC emissions, such as might be attained through the use of pre -manufactured and pre -painted materials. Condition of Project Approval No. 3. When operating within 100 feet of any church, educational facility, residential use, or other sensitive receptor, the Applicant shall limit allowable engine idling time to not more than five minutes for diesel -powered trucks and mobile heavy equipment. This condition is applicable to both construction and operational activities occurring on the project site. Condition of Project Approval No. 4. The Applicant shall include as part of the real estate disclosure documentation, as required by the California Department of Real Estate for purchasers of those residential units to be constructed on the project site, the disclosure that commercial activities are proposed on the adjacent property and that the operational characteristics of those activities may include trucking, delivery, and maintenance operations by diesel -fueled vehicles. Condition of Project Approval No. 5. If required by the City Engineer, a detailed hydrologic and hydraulic study shall be prepared by a licensed civil engineer and submitted for the City's review and approval prior to the issuance of any grading permits in order to ensure the safe and effective discharge of storm waters from the project site into areawide storm drain conduits. Condition of Project Approval No. 6. Based on the current site plan and as determined by the City, unless effective sound mitigation can be demonstrated once the project is operational or other controls imposed on delivery and related activities associated with the proposed home improvement center, the number of delivery and related activities that occur within exterior area and in proximity to the loading dock between the hours of 10:00 PM and 7:00 AM shall not exceed three tractor trailers and two small truck deliveries. With respect to those operations, trucks and tractor trailers are not assumed to be comparable equipment such that one vehicle type could substitute for the other. The facility operator shall maintain an on-site delivery manifest documenting delivery and operations between those hours and, upon request, shall make that manifest available for inspection by City inspectors. Condition of Project Approval No. 7. Prior to the issuance of building permits, the Director shall review the project development plans with the Los Angeles County Sheriff's Department (LACSD) to determine whether the LACSD has any recommendations regarding the project's design, development, and/or operations. The Director shall work with the Applicant to incorporate such recommendations, if any, into the final project design. Condition of Project Approval No. 8. The proposed project shall provide, in an amount and within a time period to be determined by the City, a "fair -share" contribution toward the cost of areawide street improvements to offset potential project -related and cumulative transportation impacts. Those "fair -share" contributions shall be based on the projected costs associated with areawide roadway improvement needs, as defined by the City Engineer. Condition of Project Approval No. 9. As determined by the City Engineer, the Applicant shall provide supplemental traffic information related to the assessment of areawide traffic conditions for review and approval by the City Engineer. The City will incorporate any information deemed pertinent by the City Engineer into the formulation of the Applicant's "fair -share" contribution toward areawide traffic improvements. Condition of Project Approval No. 10. At the City's discretion, the Applicant's "fair - share" contributions shall be provided to offset specific impacts at specific locations and/or may be utilized by the City to provide regional or other City-wide traffic and transportation benefits that may not be directly applicable to or located in close proximity to the project site. It is recognized that given the present traffic conditions in the City, innovative, alternative, bypass, and other transportation solutions may be the best method for addressing future transportation needs. Condition of Project Approval No. 11. The final site plan shall include and accommodate those traffic measures, improvements, and any other pertinent factors or facilities, as may be determined by the City Engineer. Condition of Project Approval No. 12. Prior to the approval of the final subdivision map, the Applicant shall submit and the City shall review and when deemed acceptable approve a shared parking study. The study shall present a quantification of on-site parking needs, quantify the number of on-site parking spaces required under existing City regulations, discuss and evaluate opportunities for shared parking between on-site land uses, and examine the need and timing for the development of the proposed -- 2 parking structure, if determined by the study to be required to accommodate on-site land uses. The number, type, and location of on-site parking shall be determined by the City based, in whole or in part, by the findings of that shared parking study. Condition of Project Approval No. 13. General Plan Amendment No. 2004-01, Zone Change No. 2004-02 and Specific Pian No. 2004-01 shall take effect only if Development Agreement No. 2004-01 takes effect. 3 PLANNING COMMISSION RESOLUTION NO. 2004- 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2004-01, ZONE CHANGE NO. 2004-02, SPECIFIC PLAN NO. 2004-01; DEVELOPMENT AGREEMENT NO. 2004-01 ALL REGARDING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 70 -ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE AND IDENTIFIED AS ASSESSORS PARCEL NUMBERS - 8293-045-004,8293- 045005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009, CONSISTING OF 200 MULTI -FAMILY RESIDENTIAL UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL, RETAIL AND INSTITUTIONAL USES. A. RECITALS 1. The applicant, Lewis Diamond Bar, LLC (Lewis), acting as the agent for the property owners, Inter Community Health Services and Hidden Manna Corporation, has filed an application for General Plan Amendment No. 2004-01, Zone Change No. 2004-02, Specific Plan No. 2004-01, Development Agreement No. 2004-01 and an Addendum to the previously certified Medical Plaza Environmental Impact Report (Planning Commission Resolution No. 93-11) and to the previously certified Economic Revitalization Area Environmental Impact Report (City Council Resolution No. 97-51) pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq. regarding development of a site comprised of approximately 70 -acres generally located at the southeast corner of Grand Avenue and Golden Springs Drive and identified as Assessors Parcel Numbers - 8293-045-004, 8293045-005, 8293-045-006, 8293- 045-007, 8293-045-008 and 8293-045-009 with 200 multi -family residential housing units, 50,000 square feet of institutional uses and 220,000 square feet of commercial/retail uses. Hereinafter in this Resolution, the subject applications shall be referred to as the "Application," and the proposed development as the "proj ect. " 2. The applicant has specifically requested the City to approve the following: (a) A certification of an addendum to certain prior Environmental Impact Reports concerning the Property; (b) General Plan Amendment No. 2004-01, changing the General Plan Area 3/Specific Plan/Professional Office to Planning Area 3/Specific Plan/High Density Residential; (c) Zone Change No. 2004-02, modifying the City's Zoning Map to notate the Property as within the SP (Specific Plan) zoning district, with sub -areas of RH (High -Density Residential), OS (Open Space) and C-3 (Regional Commercial) uses; (d) Specific Plan No. 2004-01, delineating the Applicant's proposal for development of Diamond Bar Village on the Property; and (e) Approval of Development Agreement No. 2004-01 concerning terms and conditions of the development of Diamond Bar Village on the Property; 3. On June 10, 2004, public hearing notices were mailed to approximately 906 property owners of record within a 700 -foot radius of the project. Furthermore, on June 10, 2004, the project site was posted with a required display board and public notices were posted in three public places. On June 11, 2004, Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. The Community and Development Services Department has determined that the proposed General Plan Amendment, Zone Change, Specific Plan and Development Agreement represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 5. On June 22, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a public hearing on the Application. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community and Development Services, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. 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 I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends as follows: 3. The Planning Commission does hereby recommend to the City Council approval of General Plan Amendment No. 2004-01 for Diamond Bar Village based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2004-01 will permit residential, rather than office, in an area adjacent to an existing residential development. The General Plan Amendment promotes appropriate mixing of land uses, allows construction of a mixed-use development that includes open -space preservation and provides for a commercial -retail use that adds to the City's tax base. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. The Planning Commission recommends that the existing approximate 43acre vacant site located generally near southeast corner of Grand Avenue and Golden Springs Drive, more particularly described as (APN 8293-045004 and 8293-045-005,) shall have a General Plan Land Use designation of Planning Area 3 /Specific Plan / High Density Residential for Parcel 2 of Parcel Map No. 14819 and shall retain the existing Open Space Land Use designation for Parcel 3 of Parcel Map No. 14819. In accordance with the Specific Plan, 2.7 acres of Parcel 2 located adjacent to Grand Avenue may be developed as an Office / Business Park. 4. The Planning Commission does hereby recommend to the City Council approval of Zone Change No. 2004-02 for Diamond Bar Village based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: The amendnvent to the Zoning Map is internally consistent irith the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-3/SP (Planning Area-3/Specific Plan. Zone Change No. 2004-02 will place the City's Zoning Map in conformance with the General Plan by designating the Property as SP (Specific Plan), with subareas corresponding to those in the DBV Specific Plan. The existing approximate 70 -acre site located generally near the southeast corner of Grand Avenue and Golden Springs Drive, more particularly described as (APN 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293045-008 and 8293-045-009) shall have a zoning district designation of SP - Specific Plan. 5. The Planning Commission does hereby recommend to the City Council approval of Specific Plan No. 2004-01 for Diamond Bar Village based on the following findings, as required by Section 22.60.060 of the Municipal Code and in conformance with California Government Code Section 65450 et seq. a. The Specific Plan is consistent with the General Plan and other adopted goals and policies of the City. Specific Plan No. 2004-01 covers an area notated as a specific plan area under the General Plan (as amended) and includes those land uses provided for under PA-3/SP (Planning Area-3/Specific Plan). It consists of a mixed-use development that is appropriate for the area and meets all submittal requirements for the City of Diamond Bar and Government Code Section 65451. Therefore, it is consistent with the General Plan and other City policies. b. The Specific Plan is in compliance with the provisions of the California Environmental Quality Act (CE(A). The Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considers potential environmental impacts of DBV and the Specific Plan and meets all requirements for compliance with CEQA. The proposed Specific Plan is consistent with the General Plan Land Use Element Objectives 1.1 and 1.3 and Strategies 1.1.9, 1.3.1, 1.3.2 and 1.3.5, and other adopted goals and policies of the City because the proposed Specific Plan will provide innovative use of land development with its combination of residential, office, retail, restaurant, institutional and parking uses as specifically delineated in the Diamond Bar Village Specific Plan for the area of the project site. The implementation of the Specific Plan will provide additional housing, additional employment and will provide revenue generation uses in a location that serves the City's needs. Additionally, the proposed Specific Plan has been prepared pursuant to the provisions of Government Code Section 65450. 6. The Planning Commission does hereby recommend to the City Council approval of Development Agreement No. 2004-01, with finalization and execution by the City Manager, for Diamond Bar Village based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq. a. The Development Agreement would be in the best interests of the City. Development Agreement No. 2004-01 implements the proposed Diamond Bar Village project and will provide certainty to the City and the Applicant regarding the DBV development time table, impact fees, applicable ordinances, overall development standards and similar matters. The proposed DBV project will also transform an underutilized and graded site into a functional and attractive development that will contribute to the City's tax base. Because of this, the Agreement is in the best interests of the City and its residents. b. The Development Agreement is consistent frith the General Plan, any applicable Specific Plan and the Development Code. Diamond Bar Village, the subject of Development Agreement 2004-01, is consistent with the General Plan (as amended), is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. c. The Development Agreement irould promote the public interest and irelfare of the City. As stated above, Diamond Bar Village is a mixed-use development that preserves open space and expands the City's tax base. It retains a residential use adjacent to an existing residential area and limits the commercial -retail and institutional use to an area adjacent to a major intersection. Development Agreement No. 2004-01 implements this development plan and thus promotes the public interest and welfare. d. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq. and Chapter 22.62 of the Development Code establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. 7. The Planning Commission does hereby recommend to the City Council that those Conditions of Approval attached as Exhibit A and incorporated herein by reference, shall be conditions to those matters specified in this Resolution. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2004, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: (,JT1 `T 1 Ik Da 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 22nd day of June 2004, by the following vote: AYES: Commissioners: Tye, McManus, Low, VC/Tanaka, C/Nolan NOES: None. ABSENT: Non ATTEST WHOIo [i CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. Total new non-residential gross leaseable square footage on the "lower parcels," as defined and delineated in the "Diamond Bar Village Specific Plan" (Lewis Investment Company, LLC, May 25, 2004) shall not exceed 207,781 square feet unless a subsequent traffic study, addressing the trafficrelated impacts associated with any such increase, is submitted to and deemed acceptable by the City or unless such increase can be determined by the City to not result in any substantial increase in project -related traffic. Condition of Project Approval No. 2. All exterior paints utilized for the project's initial constriction shall conform to the following specification: All primers and topcoats shall contain 200 grams or less of VOC per liter of coating, less water, less exempt compounds, and less any colorant added to tint bases. Alternatively, the Applicant shall demonstrate that the project's selected finishes and exterior wall features would result in a comparable reduction in -basin VOC emissions, such as might be attained through the use of pre -manufactured and pre -painted materials. Condition of Project Approval No. 3. When operating within 100 feet of any church, educational facility, residential use, or other sensitive receptor, the Applicant shall limit allowable engine idling time to not more than five minutes for diesel -powered tricks and mobile heavy equipment. This condition is applicable to both constriction and operational activities occurring on the project site. Condition of Project Approval No. 4. The Applicant shall include as part of the real estate disclosure documentation, as required by the California Department of Real Estate for purchasers of those residential units to be constricted on the project site, the disclosure that commercial activities are proposed on the adjacent property and that the operational characteristics of those activities may include tricking, delivery, and maintenance operations by diesel -fueled vehicles. Condition of Project Approval No. 5. If required by the City Engineer, a detailed hydrologic and hydraulic study shall be prepared by a licensed civil engineer and submitted for the City's review and approval prior to the issuance of any grading permits in order to ensure the safe and effective discharge of storm waters from the project site into areawide storm drain conduits. Condition of Project Approval No. 6. Based on the current site plan and as determined by the City, unless effective sound mitigation can be demonstrated once the project is operational or other controls imposed on delivery and related activities associated with the proposed home improvement center, the number of delivery and related activities that occur within exterior area and in proximity to the loading dock between the hours of 10:00 PM and 7:00 AM shall not exceed three tractor trailers and two small thick deliveries. With respect to those operations, tricks and tractor trailers are not assumed to be comparable equipment such that one vehicle type could substitute for the other. The facility operator shall maintain an on-site delivery manifest documenting delivery and operations between those hours and, upon request, shall make that manifest available for inspection by City inspectors. Condition of Project Approval No. 7. Prior to the issuance of building permits, the Director shall review the project development plans with the Los Angeles County Sheriffs Department (LACSD) to determine whether the LACSD has any recommendations regarding the project's design, development, and/or operations. The Director shall work with the Applicant to incorporate such recommendations, if any, into the final project design. Condition of Project Approval No. 8. The proposed project shall provide, in an amount and within a time period to be determined by the City, a "fair -share" contribution toward the cost of areawide street improvements to offset potential project -related and cumulative transportation impacts. Those "fair -share" contributions shall be based on the projected costs associated with areawide roadway improvement needs, as defined by the City Engineer. Condition of Project Approval No. 9. As determined by the City Engineer, the Applicant shall provide supplemental traffic information related to the assessment of areawide traffic conditions for review and approval by the City Engineer. The City will incorporate any information deemed pertinent by the City Engineer into the formulation of the Applicant's "fair -share" contribution toward areawide traffic improvements. Condition of Project Approval No. 10. At the City's discretion, the Applicant's "fairshare" contributions shall be provided to offset specific impacts at specific locations and/or may be utilized by the City to provide regional or other City-wide traffic and transportation benefits that may not be directly applicable to or located in close proximity to the project site. It is recognized that given the present traffic conditions in the City, innovative, alternative, bypass, and other transportation solutions may be the best method for addressing future transportation needs. Condition of Project Approval No. 11. The final site plan shall include and accommodate those traffic measures, improvements, and any other pertinent factors or facilities, as may be determined by the City Engineer. Condition of Project Approval No. 12. Prior to the approval of the final subdivision map, the Applicant shall submit and the City shall review and when deemed acceptable approve a shared parking study. The study shall present a quantification of on-site parking needs, quantify the number of on-site parking spaces required under existing City regulations, discuss and evaluate opportunities for shared parking between on-site land uses, and examine the need and timing for the development of the proposed parking stricture, if determined by the study to be required to accommodate on-site land uses. The number, type, and location of on-site parking shall be determined by the City based, in whole or in part, by the findings of that shared parking study. Condition of Project Approval No. 13. General Plan Amendment No. 2004-01, Zone Change No. 2004-02 and Specific Plan No. 2004-01 shall take effect only if Development Agreement No. 2004- 01 takes effect.