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HomeMy WebLinkAbout08/26/1997AUGUST 26, 1991 6:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner Toe Ruzicka Don Schad Franklin Fong Mike Goldenberg Toe McManus Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396 5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City o f Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Tuesday, August 26, 1997 Next Resolution No. 9742 CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice Chairman Don Schad, Mike Goldenberg, Franklin Fong, and Joe McManus 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the &ecording Secre Completion of this form is volunt=). There is a five minute maximum time limit when addressing the Planning Commission, 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of August 12, 1997 4. OLD BUSINESS: None 5. NEW BUSIlVESS: None 6. CONTINUED PUBLIC HEARINGS: 6.1 Draft Development Code (Zoning Code Amendment ZCA 97-1) Continuation of review of Article III -Site Planning and General Development Regulations; Review of Article II - Zoning Districts and Allowable Land Uses, and Article V - Subdivisions and the Zoning Map. RECOMMENDATION: It is recommended that the Planning Commission review Articles II, III and V of the Development Code and the Zoning Map and make an informal recommendation. A formal recommendation will be made at the conclusion of the review process. 1 6.2 Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 964, Oak Tree Permit No. 96-1 and Zone Change 964 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R-1,200 and A-2-2 to R-1- 40,000. (Continued from August 12, 1997) Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Blvd., Suite 300, Torrance, CA 90503 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report is required for this project. An Environmental Impact Report No. 97-1 (SCH No. 96071104) has been prepared and is available for public review. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, receive testimony and continue the public hearing to September 23, 1997, 6.3 Development Review No. 97-4 is a request (pursuant to Section 22.72.020.A) to construct a 35,461 square foot, two story industrial building to be utilized for warehousing, assembly and associated office uses on a 78,442 square foot (1.8 acre) vacant site. (Continued from August 12, 1997) Property Location: Northeast corner of Lemon Avenue and Lycoming Street Property Owner: Lan Plus, An Teng, 17088 E. Green Drive, City of Industry, CA 91745 Applicant: Kent Wu Architects, 1274 E. Center Court Drive, Suite 211, Covina, CA 91724 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project requires a Negative Declaration. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 97-4, Findings of Fact and conditions of approval as listed within the attached resolution. 7. PUBLIC HEARING: None 8. PLANNING COMMISSION ITEMS: 9. INFORMATIONAL ITEMS: 2 10. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK -August 27, 1997, 6:30 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive -Future America -Variety Show PARKS &RECREATION COMMISSION -August 28, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. CITY COUNCIL -September 2 and 16, 1997 - 6:30 p.m. -AQMD Auditorium, 21865 E. Copley Drive PLANNING COMMISSION -Tuesday, September 2 and 9, 1997 - 6:00 p.m. and Saturday, September 6, 1997 - 9:00 a.m. - 12:00 p.m., AQMD Auditorium, 2186 E. Copley Drive TRAFFIC &TRANSPORTATION - September 11, 1997 - 7:00 p.m. -AQMD Board Hearing Room, 21865 E. Copley Drive. 11. ADJOURNMENT: Tuesday, September 2, 1997 - 6:00 p.m. �3 MINUTES OF THE CITY OF DIAMOND BAR DR--- •` EGULAR MEETING OF THE PLANNING COMMISSION CALL TO ORDER: Chairman Ruzicka called the meeting to order at 6:07 P.M. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Ron Pflugrath of The Planning and Zoning Alliance. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, Commissioners Fong, Goldenberg and McManus Also Present: Deputy City Manager James Destefano, Senior Planner Catherine Johnson, and Associate Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Don Gravdahl asked what the current code allows with respect to concrete and brick work within residential front yard setbacks and whether the Diamond Point Homeowners Association CC&R's allow homeowners to concrete and brick their entire front yards. He said it is his understanding that the City's Property Maintenance ordinance allows only 40 percent of residential frontage to be used for parking. He spoke about his concerns regarding circular driveways. Mr. Pflugrath stated the "Offstreet Parking and Loading Standards" require that driveways that provide access to garages having a setback of less than 24 feet from the property line shall not exceed the width of the garage door opening plus two feet. The Development Code does not address circular driveways. Generally, circular driveways are determined by the width of the lot and what curb cuts are allowed by the City's Engineer. He suggested this matter could be added to the Residential Parking section of the code. Mr. Gravdahl responded to VC/Schad that the homes in question include two car garages. CONSENT CALENDAR - None OLD BUSINESS: None NEW BUSINESS - None CONTINUED PUBLIC HEARING: 1. Draft Development Code (Zoning Code Amendment ZCA 97-1) Article III - Site Planning and General Development Regulations. Mr. Pflugrath presented Chapter 3, Fences, Hedges and Walls, of Article III. C/McManus asked for clarification of the third section of Table 3, Page III-20 and whether a maximum height limit of 30 inches would be imposed for open fencing. Mr. Pflugrath responded that grill work and wrought iron fencing is not limited to a height of 30 inches. He indicated the information will be added to the chart. Mr. Pflugrath responded to VC/Schad that swimming pool fencing is addressed in the Uniform Building Code. He referred VC/Schad to Special Wall and Fencing Requirements, A. on Page III-22. C/Goldenberg suggested that "Building" be inserted in A. Swimming pools, spas and similar features under Special Wall and Fencing Requirements on Page III-22 to designate the applicable City Code. Mr. Pflugrath indicated he will check to determine whether it is contained within the city code or specific building code section. Chair/Ruzicka asked that an example be sited under Authority to Waive or Modify Requirements on Page III-23. C/Goldenberg again asked for consistency regarding references to Hearing Officer and Director throughout the document. Mr. Pflugrath stated the Director and Hearing Officer are not necessarily the same person. C/Goldenberg asked that both terms be included in the glossary. Chair/Ruzicka asked that a statement be included to indicate that although the Hearing Officer and Director are currently the same person, in the future these positions may be held by two individuals. Mr. Gravdahl spoke about a six foot block wall in the front yard setback of a home in his neighborhood. C/Goldenberg requested that Mr. Gravdahl provide him with a property address so that he may inspect the property in question. Bob Zirbes reiterated his concern that a definition of "view" be contained in the document. He asked that "temporary lighting and holiday lighting" be addressed in Article III. Mr. Pflugrath indicated the code does not address residential lightinga other temporary uses such as Christmas tree lots and pumpkin lots are required to obtain temporary use permits. Residential holiday lighting could be addressed under the Property Maintenance section. Mr. Zirbes asked if areas for affordable housing are defined within the City's General Plan. SP/Johnson stated that the General Plan addresses density. The State requires that affordable housing be disbursed throughout the City and not concentrated in any one area. HILLSIDE MANAGEMENT C/McManus asked that "elide" be corrected to "slide" in the fourth line of Paragraph I. under Purpose on Page III-25. VC/Schad asked that "streams" be added to Paragraph E. under Purpose on Page III-24. C/Goldenberg asked if a project site slope five (5) percent or greater requires a handicap ramp. Mr. Pflugrath responded that he will check the UBC. VC/Schad asked that "with native or indigenous vegetation" be added to the end of the paragraph entitled natural slope on Page III-26. Mr. Pflugrath indicated this requirement is stated further into this section of the document. Chair/Ruzicka asked that "to" be deleted from the third line of Paragraph 1 under B. Exceptions on Page III-31. He requested rewording of the first sentence in Paragraph 2 under B. Exceptions. Suggested wording: "The Commission may approval a Variance from the standards of this Chapter in compliance with 22.xx(Variances) for parcels that are too small in size or of a configuration that would...etc." Chair/Ruzicka asked that subparagraphs D. and E. of the Landform Grading and Revegetation Standards be re - lettered to subparagraphs C. and D. respectively. C/Goldenberg stated his concerns within Table 3 on Page III-33 standards be identified. �� ►. TN. � about Slope Category 4. He asked that the DCM/DeStefano indicated the City's current code outlines the provisions contained within Table 3 on Page III-33. The Commission may wish to modify the conditions. He cautioned the Commission not to restrict the property owner's ability to develop his/her property. The current categories allow the City to look at each case on its own merits. C/Goldenberg indicated he would prefer tighter language which would still allow for freedom of development. DCM/DeStefano explained to VC/Schad that the City's Public Works Division regularly monitors the bench drains in the City in accordance with current codes and ordinances. Notices are routinely sent to property owners that the drains must be cleaned and maintained. C/Fong asked for definition of "certify" under 4. Use of variable slope ratios b. 1). DCM/DeStefano responded that the developer's geotechnical engineer submits a certified soils and geotechnical report and project design for the City's geotechnical review. C/Goldenberg asked the consultant to provide a graphic for Item 5. under 8. Grading standards on Page III-35. C/Goldenberg asked for clarification of the seemingly conflicting height requirements contained in Item 7. a. and b. under B. Grading standards on Page III-35. Mr. Pflugrath responded that he believes the statements are correct. He will check for accuracy. C/Goldenberg asked that a graphic be added for Item 4 under C. Grading guidelines at the top of Page III-36. VC/Schad asked that "the use of pumps or other systems" be added to Items 3. and 4. under A. Drainage Standards on Page III-37. DCM/DeStefano stated the developer's technical consultants certify the type of mitigation measures utilized todispose of drainage which is approved by the City. C/Goldenberg stated that with respect to the chapter entitled Access, Trails, and Roadways A. Access, trails and roadway standards. 1. and 2. on Page III-38r he believes the fire department requires a maximum of 15 percent is allowed for driveway grades. He asked that "and turnarounds" be inserted in the last sentence of subparagraph 1. so that it reads: "Parking landings and turnarounds shall be utilized on all drives over 10 percent grade. DCM/DeStefano stated the City has been operating under a code that allows up to 15 percent of a limited stretch of a street and up to 20 percent within a drive. This is a policy issue the Planning Commission may wish to reconsider. C/Goldenberg stated he is concerned about the ability of emergency vehicles to traverse certain areas. The Commission asked Mr. Pflugrath to present his recommendation. VC/Schad asked that "Wildlife Migration Corridors" be inserted in Item 4. under B. Access, trails, and roadway guidelines on Page III-39. C/Goldenberg asked for an explanation of Item 5 under A. Architecture standards on Page III-40. He asked that the second sentence be changed to read: "Decorative shielded lighting to highlight a structure is allowed." C/Goldenberg recommended that Item 3. under A. Fences and landscaping standards refer to Page III-43 Item C. C/Goldenberg recommended that Item 4. under A. Fences and landscaping standards refer to Page III - 44 Item D. Chair/Ruzicka expressed concerns regarding the use of wood shake roofing materials. DCM/DeStefano responded that strict standards are set forth by the City's Building Official regarding the percentage of roof that can be replaced with certain types of materials. He advocated avoiding disallowance of certain types of materials. VC/Schad asked that "historical plant materials" be included in D. under Evaluation of Development Review Application on Page III-44. DCM/DeStefano stated that before the term "historic" is inserted into the document, a definition should be determined. The Commission concurred to determine a definition for "historic" in the Tree Ordinance with reference to Item D. on Page III-44. AUGUST 12, 1997 PAGE 6 PLANNING URMTO Craig Clute asked if the Development Code calls out an architectural review committee. Mr. Pflugrath stated the Development Code does not refer to a special architectural review committee. Staff would continue this process. Responding to Kerry Garza, SunCal Companies, 550 West Orangethorpe, Placentia, C/ McManus asked that "Where feasible" be added to the beginning of the third sentence o£ Item 2. under B. Grading standards on Page III-34 so that the sentence reads: "Where feasible top soil shall be stockpiled during rough grading and used on cut and fill slopes." Mr. Garza stated his concerns regarding the term "prominent" ridge as called out in the first sentence of Item 5. under B. Grading standards since he believes he is positioned to construct residences which conflict with the proposed code. DCM/DeStefano suggested the paragraph refer to the definition of Ridge as stated on Page III-26. Chair/Ruzicka asked for further discussion of Mr. Garza's concern by the consultant and the Commission. Mr. Garza stated he is concerned about the maximum of 30 dwelling units allowed for a cul-de-sac (see Item 7. under A. Access, trails and roadway standards on Page III-38. DCM/DeStefano stated he believes 30 dwelling units was specified in the Fire Code and Planning and Zoning Code at the time the document was crafted. C/McManus asked that "single family" be inserted prior to dwelling units in Item 7. under A. Access, trails, and roadway standards. Chair/Ruzicka asked that 1130" refer to the code as applicable. Responding to Mr. Garza's concerns, Chair/Ruzicka asked that Item 1 under A. Fences and landscaping standards provide reference to the Noise Control chapter. Mr. Garza pointed out that "ion" should be eliminated from Item D. under Fire protection standards on Page III- 43. LANDSCAPING STANDARDS R&AX AUGUST 12, 1997 PAGE 7 PLANNING I VC/Schad recommended that "fire sensing devices" be considered under g. Drip irrigation on Page III-50. Mr. Pflugrath suggested that fire sensing devices are recommended by the City's Building Official and may not be appropriate for the Development Code. C/Goldenberg asked for explanation of the last sentence under paragraph Be Final Landscape Plan on Page III-46. C/Goldenberg asked if the requirement (E. Statement of surety on Page III-46) for posting of a performance bond, letter of credit or certificate of deposit for a two year period is useful. C/Goldenberg recommended improving the language of Paragraph 2. Unused areas under Landscape Area Requirements on Page III-46. He stated he believes the current language may present development problems where landscaping is required in the event that trees covered under the Tree Ordinance were planted and then had to be removed or replaced. DCM/DeStefano responded that the intent of this item is to not create a dirt pad area but to provide some sort of landscaping to eliminate appearance, to deal with dust control and the like such as the Gateway Corporate pad previously used by the Ranch Festival. Mr. Pflugrath responded to Chair/Ruzicka that he will attempt to improve the language of the item for improved understanding. C/Goldenberg asked that "unless a bond is posted" be added to the end of the last sentence of Paragraph Be Specific zone landscaping requirements on Page III-47. Mr. Pflugrath responded that the inclusion of such language would be appropriate. C/Goldenberg, referring to the last sentence of Paragraph C. New single-family residences on Page III-47, asked how the 50 percent figure was determined. C/Goldenberg said that some of the percentages indicated on Table 3 on Page III-47 do not work. C/Goldenberg stated that Item 6 and 9 on Page III-48 contain arbitrary figures. DCM/DeStefano stated that with respect to Item 6, a five foot wide landscape area is generally accepted as the minimum width that can survive within an area that is incorporated by curbing or, some type of barrier that may prohibit root growth. He suggested that wording could be incorporated to explain the different circumstances for creating growth area. Mr. Pflugrath stated the five foot wide minimum is a standard that is incorporated primarily to aid tree growth. If no trees are involved, a smaller planter area could be specified. Mr. Pflugrath commented that the three foot berms discussed in Item 9 is typical. C/Fong suggested that Item 9 include a statement that when an earthen berm is required to screen parking, it would not need to be a minimum of three feet in height as long as it accomplished the desired aesthetic effect. Mr. Pflugrath recommended Item 9 state that where earthen berms are proposed without landscaping that they should be a minimum of three feet in height. If the berm is proposed in connection with other landscaping features it could be less than three feet in height. C/Goldenberg requested that "may" be used in place of "shall" in the second line of Paragraph 5 on Page III-49. C/Goldenberg suggested that in the event a 48 inch tree was to be replaced, there could be difficulty with the statement "in kind" near the end of the third line in Paragraph 6 on Page III-49. DCM/DeStefano suggested adding words that incorporate a determination by the Director. The reason for the current language is to prevent a developer from removing a tree without reason or penalty. C/Goldenberg asked for reconsideration of the language in Item 3 under section A. Director to approve on Page III- 50. He indicated that this may be the proper place to look for circumstances or requirements in that area. DCM/DeStefano explained the language and suggested the statement may be further clarified. RECESS: Chair/Ruzicka recessed the meeting at 8:05 p.m. RECONVENE:. Chair/Ruzicka reconvened the meeting at 8:25 p.m. 2. Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26, Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. .The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County's Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R-1,200 and A-2-2 to R-1-40,000. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 AP/Lungu stated the referenced project was presented to the Planning Commission on July 22, 1997. At that time, the public hearing was opened, comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96- 071104) and the project entitlement. The public hearing was continued to August 12, 1997. The purpose of the continuance is to allow staff, City consultants and the applicant the opportunity to address the Commissioners' concerns and respond to public comments. The responses are presented in a correspondence from the City's environmental consultant, Michael Brandman Associates, dated August 5, 1997. Additionally, a colored landscape exhibit has been forwarded which delineates the landscaping on Lots 14 and 15, approved with Tracts 47851 and 48487 respectively. Staff recommends that the Planning Commission recommend approval for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program, and recommend certification of EIR No. 97-1 (SCH 96-0711104), Findings of Fact and conditions as listed within the draft resolution. Mike Houllihan and Tom Leslie, Michael Brandman and Associates, stated they are present to respond to Commissioners' questions on their written responses. C/McManus asked if, with respect to comment number 5. in a letter directed to DCM/ DeStefano on August 6, 1997, the consultants specifically looked for species and specific signs. Mr. Leslie responded that the survey encompasses an array of items that are specifically sought. He concurred with C/McManus that the statement should be extended to indicate the items were looked for and not observed. Referring to Page 2, C/McManus asked why there is a conflict with the U.S. Department of Interior Fish and Wildlife Service regarding possible impacts of this project on the Coastal Gnatcatcher and other items. Mr. Leslie responded that one of the field biologists who conducted the survey is a Permitted Gnatcatcher Biologist and the other field biologist has had over 200 hours of supervised gnatcatcher survey work. The biologists determined, based upon the field survey, that this tract is potential gnatcatcher habitat. Therefore, they did not recommend nor did they conduct, protocol gnatcatcher surveys. C/McManus asked for comment on the statement in Paragraph 1, Page 3 which reads: "We agree that the impacts to these habitats resulting from the proposed projects are adverse and not mitigatible. However, the adverse impacts to these natural habitats likely will be far higher than noted in the DEIR due to indirect effects." Mr. Leslie indicated the Fish and Wildlife Service is looking at the region generally. He supposed that agency personnel had not actually visited the property. If they had visited the property and read the biological assessment prepared by Michael Brandman Associates, he believes they would concur with the report. C/McManus pointed out that Paragraph 2 on Page 3 indicates that "These habitats also likely serve as movement corridors for wildlife in this area. The mitigation that has been prepared for the loss of these habitats is inadequate". He pointed out that there is no equivocation in this statement. Mr. Leslie pointed out that the statement indicates "likely". He indicated his firm conducted a movement corridor assessment on the property which is discussed in the two documents which indicates that the parcel is not a part of the primary movement corridor, nor is it part of the secondary movement corridor which would connect to adjacent primary corridors. C/McManus read from Paragraph 3, Page 3, which states: The measures that will be taken to manage and protect the areas that would be left undeveloped are inadequate and vague." He pointed out that there is no equivocation in this statement. Mr. Leslie stated that without having the author of the letter present it is difficult to determine intent. These are standard phrases used by the Fish and Wildlife Service. Responding to additional passages from the letter, Mr. Leslie stated the mitigation measures have been designed to minimize as much as possible the introduction of non- native species into the adjacent natural open space areas. In addition, the mitigation measures replace the walnut woodland and the coastal sage scrub at a reasonable replacement rate in accordance with the City's guidelines. C/McManus suggested the consultant and the Fish and Wildlife Service meet to reach a conclusion regarding apparent items of disagreement. Mr. Leslie responded to VC/Schad that as a result o£ Michael Brandman and Associates' concerns about impacts to various species, numerous mitigation measures have been employed. Chair/Ruzicka reiterated his understanding that this project will fix a piece of land that is currently subject to landslide activity. Mr. Nelson responded to C/McManus that the Urban Pollution Basin maintenance is provided for as part of the Crystal Ridge Estates Homeowners Association budget. Michael Brandman and Associates performs a five year mitigation monitoring program for the removal of construction debris. Subsequently, an easement is granted in favor of the homeowners association for collection on all slope areas after that period of time. The five year monitoring program includes preservation of the understory. Certain invasive species may not be introduced into the level pad yard areas so that seeds do not become windblown. C/McManus asked who is responsible for what period of time for maintenance of signs discouraging human intrusion in natural open spaces of Tonner Canyon SEA No. 15. Mr. Nelson responded that he will include funding for sign maintenance in the CC&R's, if necessary. Certain sections of the CC&R's cannot be amended by the homeowners without the City's consent. He offered that any areas of concern could be covered within the annexation document. C/McManus introduced a photograph of an oak tree on the proposed site which indicates the street slope is cut underneath the drip line and as a result, the tree is dying. Mr. Nelson responded that the photograph depicts a transplanted tree and is not one of the protected trees. AUGUST 121 1997 PAGE 12 PLANNING DR"I Lex Williman stated a total of 136 walnut and 68 oak trees will be removed by the project. The developer can select and relocate certain trees that appear to be of value. Mitigation measures call for compensation of the removed trees. Mr. Nelson explained that when the developer removes a tree, he is required to replace it at a 2:1 ratio or 4:1 ratio. A survival rate of 2:1 must be assured. The developer has every motivation to be certain the tree survives. However, the tree depicted in the photograph is not subject to the revegetation plan. Chair/Ruzicka reopened the public hearing. Doreen Ferguson, Park Plan, Department of Parks and Recreation, State of California, said her department represents the natural resource and the people of California. She indicated that this project is adjacent to Tonner Canyon and SEA No. 15 which her department feels is important to the preservation and future of the bio-diversity in the State of California. She stated that in her department's opinion, the DEIR survey was not adequate. She further stated that a major concern to her department is the major loss of any more native walnut woodlands. This development seeks to eliminate 23.2 acres of the approximate 1,000 acres left in Southern California which greatly diminishes the chances of survival of the wildlife that this habitat sustains. She stated "we view this loss as unmitigatible". At the rate the State is losing its native plants places the wildlife of Southern California in serious jeopardy. She said her department agrees with the U.S. Fish and Wildlife Service in the areas of mitigation concerns and further study. In particular, she stated her department would like to see specific areas revegetated such as the southern part of Tonner Canyon. S. Ferguson stated she is speaking in place of the department's Resource Ecologist who was unable to attend tonight's meeting due to illness. Ms. Ferguson continued that her department is concerned that there is no mitigation proposed for the loss of the coastal sage scrub understory which supports the coastal gnatcatcher. The department is concerned that this area was not adequately surveyed. She further stated that her department feels the DEIR downplayed the impacts to wildlife resources and lacked specificity for evaluating the status of plant and animal species that may be present on -site. The DEIR does not prove that surveyors were present for the appropriate number of hours. DEIR responses should be related to the fact that this project is in a significant ecological area that has been set aside to be protected. Her department asks that additional surveys be conducted to determine the presence of the gnatcatcher, cactus wren, loggerhead shrike, burrowing owl, grey fox and the San Bernardino mattenking snake as well as the plant species previously discussed. Ms. Ferguson responded to VC/Schad that she is not involved with the Whittier/Chino Hills Wildlife Migration Authority Research. However, her partner is involved. C/Fong asked what amount of time Ms. Ferguson feels would be adequate to survey the site. Ms. Ferguson responded that she will refer Mr. Fong to the department's biologist. She stated her department agrees with the U.S. Department of Fish and Wildlife Service that because of the project site's importance to the area (adjacent to Tonner Canyon and the SEA No. 15) it increases the level of concern. C/McManus asked Ms. Ferguson if her department can establish survey standards and parameters. Ms. Ferguson suggested that the City's Planning Department work with her department to coordinate development efforts. C/Goldenberg asked the applicant to reach agreement with the State of California in order for the Planning Commission to reach a decision based on fact. DCM/DeStefano responded to Chair/Ruzicka that there has been ample opportunity for agencies to speak with the City of Diamond Bar regarding their issues of concern throughout the tenure of this project. The project is the last piece of development in a series of approved projects. The same level of cooperation has existed between the City and its environmental consultant throughout the project. The City believes the project meets the requirements of the General Plan as well as, the standards employed by the Zoning Ordinance, Subdivision Ordinance, and good environmental practices proposed as a result of the mitigation measures outlined for the project. Ms. Ferguson indicated to C/McManus that her department recently went on-line with the State Clearing House and learned of this project. In addition, there was no State Planning Department staff for some period of time. There was no further public testimony offered. • � '21 C/Fong stated he believes the geology report should reference potential impact to the east side of Windmill Drive. Mr. Williman said that Tract No. 48487 is a previously approved tract. It was not ignored as part of the evaluation of Vesting Tentative Tract Map No. 50314. He referred C/Fong to a letter included within the report that indicates that VTTM No. 50314 does not have an adverse impact and does not change the proposed mitigation for VIM No. 48487. VTM No. 48487 has out -of - slope bedding and shear keys proposed along the entire edge. The project has a City approved geological report, approved grading plans which are addressed in a letter included within this project packet. Chair/Ruzicka moved to approve VTTM 50314, Zone Change No. 96-1, Conditional Use Permit N. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program, and recommend certification of EIR No. 97-1 (SCH 96-0711104), Findings of Fact and conditions as listed within the attached draft resolutions. The motion died for lack of a second. C/Goldenberg moved, C/McManus seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to August 26, 1997 and request the applicant to meet with the U.S. Fish and Wildlife Service and the State of California Parks and Recreation Department representatives to reach agreement. The motion was carried 5-0. PUBLIC HEARINGS: 1. Conditional Use Permit No. 97-2 and Development Review No. 97-6 is a request (pursuant to Section 22.40.430) to locate and operate an unmanned cellular telecommunications facility at Peterson Park. The proposal is to attached two microcell antennas to an existing light pole and construct a freestanding equipment cabinet, covered by a screening mesh enclosure, adjacent to the pole. The project will be located at the southern perimeter of Peterson Park, adjacent to the SR 60. Property Address: Peterson Park, 24142 Sylvan Glen Road, Diamond Bar Property owner: City of Diamond Bar, 21660 E. Copley Drive, Diamond Bar Applicant: L.A. Cellular, 17785 Center Court Drive North, Cerritos, CA SP/Johnson presented staff s report. Staff recommends that the Planning Commission approve Conditional Use Permit 97-2 and Development Review 97-6, Findings of Fact and conditions as listed within the resolution. DCM/DeStefano stated 336 surrounding property owners were noticed with one letter of dissent received by the City. DCM/DeStefano responded to VC/Schad that utility connections will be provided to the site from Golden Springs Road for telephone service and from Sylvan Glen Road for electrical service. A lease agreement is proposed by L.A. Cellular to lease the facility from the City at a rate of $1,000 per month for a period of five years, and up to 20 years if L.A. Cellular exercises its options. Chair/Ruzicka opened the public hearing. Rob Searcy, Terra Firma Services, 4617 Willits Avenue, Sherman Oaks, representing L.A. Cellular, stated the site is proposed to complete a transmission gap along the SR 60. The site proposes to co -locate with existing structures to minimize visual impacts. The eight foot single directional antenna points down the SR 60 corridor and will provide some service to adjacent residential areas. He indicated the applicant's willingness to consider modifications proposed by the Commission to limit aesthetic impacts. VC/Schad asked how power will be brought to the antenna. Mr. Searcy responded that power is run underground up through the conduit contained in the light standard. Bob Zirbes said he has not seen the proposed plans. He remarked that he feels children will be closer to the site in a park than they would be with an installation on the Stone's Darrin Drive property. Craig Clute asked if the Darrin Drive applicants and this applicant could co -locate at one of the two proposed sites. He supports screening for the proposed chain link fencing. He indicated he is concerned about the time allowed for project completion. VC/Schad asked what effect the proposed antenna will have on wind drag. Mr. Searcy responded that the engineering calculations were completed and turned over to the City's Building Official in order for the applicant to pull a permit. C/McManus asked if L.A. Cellular and the Darrin Drive applicants discussed the possibility of co -locating at either the Darrin Drive or the Peterson Park site. DCM/DeStefano responded to C/McManus that the Darrin Drive applicants dismissed the Peterson Park site as an inappropriate location for their system. Mr. Searcy responded to C/McManus that L.A. Cellular generally does not consider locating a free-standing monopole structure in a single-family residential neighborhood and therefore did not consider co -locating at the Darrin Drive site. Chair/Ruzicka closed the public hearing. C/Goldenberg asked for indication of a realistic installation time for this project. DCM/DeStefano suggested that a minimum 10 month time period be granted for the CUP. AP/Searcy requested the 10 month time period be granted from date of lease or issuance of permits, whichever is later. C/Fong moved, C/Goldenberg seconded, to approve Conditional Use Permit 97-2 and Development Review 97-6, Findings of Fact and conditions as listed within the resolution, amend Condition D. on page 7, completion of the antenna and related equipment shall occur no later than 10 months from date the lease is signed or City Building and Safety permits are issued, and with the condition that the applicant provide chain link fencing with screening material and landscaping to obscure the fencing. The motion was approved 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. Development Review No. 97-4 is a request (pursuant to Section 22.72.020.A) to construct a 36,761 square foot, two story industrial building to be utilized for warehousing, assembly an associated office uses on a 78,442 square foot (1.8 acre) vacant site. Property Location: Northeast corner of'Lemon Avenue and Lycoming Street Property Owner: Lan Plus, Andy Teng, 17088 E. Green Drive, City of Industry, CA 91745 RRAE AUGUST 12, 1997 PAGE 17 PLANNING 1 Applicant: Kent Wu Architects, 1274 E. Center Court Drive, Suite 211, Covina, CA 91724 Staff recommends that the Planning Commission open the public hearing, receive comments, and continue this item to the meeting of August 26, 1997. Chair/Ruzicka opened the public hearing. There was no one present who wished to speak on this item. VC/Schad moved, C/McManus seconded, to continue Development Review No. 97-4 to August 26, 1997. The motion was carried unanimously. CONTINUED PUBLIC HEARING, Cont. 1. Draft Development Code. Chair/Ruzicka asked for public comment on the Landscape Standards Chapter of Article III - Site Planning. Bob Zirbes asked if single family detached residences could be included in Applicability A. on Page III-45. Mr. Pflugrath suggested "tract development" be eliminated from Item C. on Page III-47 and that the requirement be limited to the front yard area. The "exception to single-family detached residences will be eliminated from Paragraph A. under Applicability on Page 45. WATER EFFICIENT LANDSCAPE STANDARDS. Mr. Pflugrath presented the Water Efficient Landscape Standards chapter beginning on Page III-51. C/Goldenberg asked if Diamond Bar is exploring the use of Wind -sensing devices under Definitions on Page III-52. C/McManus asked what triggers the "documentation package" referred to in Item A. Submittal required under Applicability on Page III-53. Mr. Pflugrath responded that the Buyer's Awareness Package for the homeowner or information provided by the property owner for renters. VC/Schad asked that "k invasive plants to be removed." be added following j. under 3. Landscape design plan requirements on Page III-54. Mr. Pflugrath stated a list of invasive plants would need to be provided. DCM/Destefano suggested that this request be studied by staff for proper placement such as the Landscape section. With respect to the list of invasive plants, it may be more appropriate to list a source of invasive plants be cited. Craig Clute concurred with VC/Schad regarding invasive plants. He suggested recycled water be considered for use on a wider basis throughout the City. Bob Zirbes asked for a better definition of "A. Homeowner -provided landscaping at single-family and residential projects;' under Applicability on Page III- 52. Mr. Pflugrath responded that this statement is proposed to separate it from the contract/developer provided landscaping which is required under the Landscape section. PLANNING COMMISSION ITEMS: C/Fong asked staff for an update with respect to Mr. Clute's request concerning the cellular antenna site at the SR 57/SR 60 interchange. DCM/Destefano responded that the Walnut Pools cellular site is being pursued by the second applicant. The applicant has not submitted plans nor received building permits and therefore, improvements required by the Planning Commission have not occurred. There is approximately six to eight months left on the two year Planning Commission approval. INFORMATIONAL ITEMS: DCM/Destefano stated he and AP/Lungu will be absent from the August 19, 1997 Development Code meeting. SP/Johnson will participate in portions of the City Council meeting being held on the same evening. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 11:15 p.m. to 6:00 p.m. August 19, 1997 in the South Coast Air Quality Management Board Room, Respectfully Submitted, James DeStefano Deputy City Manager Attest: Joe Ruzicka Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT: BACKGROUND City of Diamond Bar PLANNING COMMISSION Staff Report August 18, 1997 August 26, 1997 A request for review of the following Article of the City of Diamond Bar, Comprehensive Development Code: Article V-Subdivisions Citywide City of Diamond Bar. A subdivision is defined as "the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future" (Govt. Code Sec, 66424). Subdivision regulation is an extremely important aspect of development regulation. The way that land is subdivided, streets are laid out and lots designed establishes the pattern of a community's development for many years. Subdivision regulations are the City's opportunity to ensure that new tracts and other subdivisions are properly designed and compatible with the existing pattern of development and that new streets are integrated into the existing circulation system. i These regulations ensure that new subdivisions have necessary infrastructure, including adequate street widths, curbs, gutters sidewalks, storm drains, and sewers. Subdivision regulations further require that infrastructure is adequately sized and designed to meet the needs of the increased population that may be directly or indirectly generated by a new development. Further, the requirement for mapping of lots, streets, easements and open space help to ensure the creation of adequate land records. This assists the City, the developer and the property owner in all aspects of the development process, from determining where a property line is for the purposes of constructing a fence, to making sure that streets are properly aligned. SUBDIVISION MAP ACT The Subdivision Map Act is the State law which gives the City the authority to regulate the design and improvement of subdivisions within its boundaries. The Map Act establishes specific regulations which must be followed for subdivision processing. A City can impose conditions on the subdivision process which the Map Act doesn't address, but it can't regulate contrary to the specific provisions of the Map Act According to Curtin's California Land Use and Planning Law (1997 Edition) the primary goals of the Map Act are: • To encourage orderly community development by providing for the regulation and control of the design and improvement of the subdivision, with proper consideration of its relation to adjoining areas. • To ensure that the areas within the subdivision that are dedicated for public purposes will be properly improved by the subdivider so that they will not become an undue burden on the community. • To protect the public and individual .transferees from fraud and exploitation The Map Act requires cities to adopt an ordinance regulating and controlling subdivisions which require a tentative and final or parcel map. A tentative map is a map which is created for the purpose of showing the design and improvement of a proposed subdivision and �a the existing conditions in and around the subdivision. A tentative map doesn't have to be based on an accurate or detailed field survey of the property. A final map must be prepared by or under the direction of a registered civil engineer, be based on a survey and conform to specific requirements outlined in the Map Act. A tentative and final map are generally required, although there are specific exceptions, for a subdivision consisting of five or more parcels. A subdivision consisting of four or fewer parcels. requires only a parcel map. The City may also regulate other subdivisions by ordinance, provided that these regulations are not more restrictive than the regulations for tentative and final maps. ARTICLE V -SUBDIVISIONS Article V is "intended to supplement, implement and work with the Subdivision Map Act. This Article is not intended to replace the Map Act and must be used in conjunction with the Map Act in preparation of applications, and the review, approval, and construction of proposed subdivisions." The chapters contained within this article establish the regulations for tentative, parcel map and final map processing, subdivision design and improvement requirements, and other aspects of subdivisions which must be addressed in compliance with the Subdivision Map Act. COMPARISON WITH EXISTING CODE The current Subdivision Code, was established by L.A. County as a freestanding document, with its own table of contents and definitions . section. The proposed Code has integrated subdivision regulations as part of the comprehensive Development Code, with the intent of addressing all the aspects of development in a single document, allowing cross-reference to other applicable portions of the Code. In addition to reformatting, the proposed Code deletes some of the extraneous portions of the current Code, (such as the chapter on the subdivision committee). Provisions for lot line adjustments have beer! included and park dedication requirements have been updated for consistency with the General Plan. 3 GENERAL PLAN IMPLEMENTATION Article V implements numerous objectives and strategies of the General Plan. Land Use Element, Objective 2.2 states "Maintain an organized pattern of land use which minimizes conflicts between adjacent land uses." The review of subdivisions ensures that a new tract or subdivision is designed with appropriate street widths and lots of a compatible size and configuration for proper integration with established patterns of development and circulation. This is particularly important in a predominantly developed community such as Diamond Bar, where the seamless integration of new land uses is critical. Subdivision processing also involves the review of street design and access. Therefore, Article V also implements the Circulation Element, specifically, Strategies 1.3.1: "Prevent the creation of new roadway connections which adversely impact existing neighborhoods," 1.3.3: "Design new development and their access points in such a way that the capacity of local residential streets is not exceeded." and 2.2.1: "Work to ensure that new development is provided with adequate access from within the City of Diamond Bar. Through requirements for improvements and dedications, Article V implements the Public Service and Facilities Element: Strategy 1.1.2 "Protect existing residents and businesses from the cost of financing infrastructure aimed at supporting new development or the intensification of development," and Strategy 1.1.3: "Require the construction of water, sewer, drainage and other necessary public facilities prior to or concurrent with each new development." Article V also implements Strategy 1.3.3. of the Resource Management Element, which calls for the provision of City park . facilities at 'a rate of 5 acres per 1,000 residents through its provisions for parkland dedication. SUMMARY Subdivision regulations are a very important part of any City's development regulations. Because of the complexity of the Subdivision Map Act, local regulations which are clear and understandable are critical. The subdivision regulations presented in Article V represent an updated, reorganized and reformatted version of the City's current Subdivision Code. As with the rest of the proposed Development Code, these revised regulations are designed 0 with an emphasis on clarity and "user friendliness" for both staff and the developer. RECOMMENDATION It is recommended that the Planning Commission review Article V of the Development Code and make an informal recommendation. A formal recommendation on the entire Development Code will be made at the conclusion of the review process. Prepared By: 1 �JSo�J Catherine Johnson, Senior Planner 5 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Catherine Johnson, Senior Planner SUBJECT: Continuation of Public Hearing for VTM 50314 DATE: August 21, 1997 Attached is a letter from Kurt Nelson, Windmill Development Company, Inc. dated August 19, 1997, requesting that the public hearing for VTM 50314 be continued to September 23, 1997. Staff recommends that the Planning commission open the public hearing, receive comments and continue the public hearing to September 23, 1997 CGJ\mco LLC Windmill, Inc. 3480 Torrance BJvd., Torrance, CA 90;503 August 19,1997 Ste. 300 c�: Ct:IVc�J ; t i'Lf;1 f0P;0 BP,R 97 AUG 21 A 8 k?2 City of Diamond Bitr Mr. James DeStefano, Community Development Director 21660 East Copley Drive, Ste, 190 Diamond Bar, CA 91765 RE: VT'M 50314 - Planning Commission hearings Dear Mr. DeStefano, telephone (310) 640-3990 jacahtille (310) 3164133 You will recall that at the 8/12/97 Diamond Bar Planning Commission hearing, consideration of than above referenced tract map (and its Environmental Impact Report) was continued to the meeting of 8/26/97. This continuance was primarily in order that we ar.,d the City's environmental consultant, Michael brandman & Associates, might try to meet with the representatives of State Parks & Recreation (and perhaps U.S. fish & Wildlife) in order to discws their concerns regarding the development. It A:as proven impo!isible to coordinate all schedules and effect a meeting in time for the 8/26'Planning Commission hearing. Therefore, twe respectfully request that our project be taken off that agenda, to be rescheduled for September 23, 1997 hearing. Sincerely, Kwit Nelson Windmill Development Company City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.3 REPORT DATE: August 4, 1997 MEETING DATE: August 26, 1997 CASE/FILE NUMBER: Development Review 97-4 APPLICATION REQUEST: A request to construct a 35,461 square foot, two story industrial building to be utilized for warehousing, assembly and associated office uses on a 78,442 square foot (1.8 acre) vacant site. PROPERTY LOCATION: Northeast corner of Lemon Avenue and Lycoming Street. APPLICANT: Kent Wu Architects 1274 E. Center Court Drive, Suite 211 Covina, CA 91724 PROPERTY OWNER: Lan Plus, Andy Teng 17088 E. Green Drive City of Industry, CA 91745 SUMMARY The proposed industrial building is a permitted use within the M-1.5 zone. It is consistent with the General Plan designation of Light Industrial (1) and within the permitted range for the floor area ratio (FAR). It is in compliance with the development standards for the M-1.5 zone, including . height, setbacks, parking and loading requirements. The loss of pepper trees on the site will be adequately mitigated by the replacement of the trees at a three to one ratio. The size, scale and architectural style of the building is compatible with the light industrial uses in the area. The proposed building has varying setbacks, and variety in its colors and texture. The building's appearance will be further enhanced by the proposed landscaping. The result will be a well designed building and an aesthetically pleasing site which will enhance the appearance of the area as well as provide a new business and employment opportunities. Staff therefore recommends approval of this project as conditioned. BACKGROUND The property owner, Andy Teng and his representative, Kent Wu, are requesting approval of Development Review for a 35,461 square foot industrial building at the northeast corner of Lemon Avenue and Lycoming Street, The General Plan designation for this site is Light Industrial (II which establishes areas for "light industrial, research and development and office based industrial firms...." The site is located in the Restricted Heavy Manufacturing zone (M-1.5). Pursuant to the Planning and Zoning Code Section 22,32,100 warehouse/assembly uses are permitted by right within this zone. The land uses and zones surrounding the subject site include: railroad tracts and the City boundary to the north; a school site zoned Residential Agricultural (R-A 8,000) to the south; an industrial building within the Commercial Manufacturing (CM) zone to the east; and an industrial building within the M-1.5 zone to the west. The General Plan land use designation is Light Industrial (1) in all directions surrounding the property. PROJECT DESCRIPTION The proposed building will be utilized for warehousing, distribution and assembly of personal computers, consisting of 28,369 square feet of warehouse area, 1,094 square feet of assembly area and 5,998 square feet of office area. The building will be two stories (office only) and 29'6" in height. Fifty-one parking spaces are provided, and one ramped loading dock. 2 Access to the site will be from a 26,' two-way drive aisle, located at the southeastern corner of the site. Approximately twelve percent of the site will be landscaped. The current proposal also includes a request for the removal of 8 mature trees (six California peppers, and two eucalyptus trees). SITE DESCRIPTION The project site is an irregularly shaped, relatively flat, vacant parcel. The easterly side of the parcel is approximately 328,' narrowing to 145' at the northeast corner of Lemon Avenue and Lycoming Street. The telephone equipment at the northeast corner of the site is on a separate legal parcel. The site is covered with numerous mature trees, brush and weeds and appears to have been previously undeveloped. APPLICATION ANALYSIS Pursuant to the Development Review Ordinance Section 22.72.020.A.1. an application for Development Review is required for new construction on vacant property. Therefore, the proposed project, an industrial building on vacant land, requires Development review by the Planning Commission. The building has been sited in consideration of its irregular shape, with the front of the building placed towards the narrowest end of the parcel on the corner of Lemon Avenue and Lycoming Street and the rear of the building angled parallel to the rear property line. The building is proposed to be setback 10' from the property line along Lemon Avenue and 10' from the ultimate property line (including a 10' dedication) at the corner of Lycoming, increasing to 18' towards the middle of the property. The building is setback 2' from the northerly rear property line, parallel to the railroad tracts, 35' from the railroad tracks, and approximately 75' from the easterly property line. In accordance with Code Section 22.32.140 there are no setback requirements for structures located within the M-1.5 zone. The General Plan allows a maximum floor area ratio if 0.25 to 1.00, A floor area ratio of .45 is proposed, well within this range. A trash enclosure has been proposed at the rear of the site adjacent to the existing telephone equipment. According to the floor plans the interior of the building will include single story areas for warehousing, loading and assembly, and a two story office area which will include a reception area, conference room, restrooms, lunchrooms and other offices on the first floor and offices and restrooms on the second floor. Hours of operation for the proposed use will be 8:00 a.m. to 5:30 p.m., Monday through Friday. There will be 42 employees on the single shift. 3 Access and Parking Access to the site is proposed from one, 26' wide two-way drive -aisle, located at the southeast corner of the site. The driveway width is in compliance with Code requirements. Further, the driveway's location, approximately 280' from the intersection of Lemon Avenue and Lycoming Street is an adequate distance to minimize traffic conflicts resulting from turning movements and cross -traffic. Parking is proposed along the side and the rear of the building. In compliance with Code Section 22.52.1060.D the parking has been setback 5' from the ultimate property line adjacent to the street. A condition of approval has been included in compliance with this section, requiring the construction of a solid masonry wall between 30" and 42" parallel to the front lot line for the purpose of screening the parking from the street view. A total of 51 parking spaces are proposed on site including 39 standard spaces (8.5'x 18'), 10 compact spaces (8'x 15') and two handicapped spaces. Code Section 22.52.1 140 requires one parking space for every 1,000 square feet of floor area devoted to warehousing if the building meets the Code definition of a warehouse. Code Section 22.08.220 defines a warehouse as any building located in an industrial zone that is utilized at least 80% for warehousing. It is proposed that 28,369 square feet (80%) of the building be utilized for warehousing. The parking requirements for industrial buildings other than warehouses are 1 /500' and 1 /400' for office uses. Parking requirements have been calculated based on a ratio of 28,369'/1000' for the warehouse area, 1.094'/500for the assembly area and 5,998'/400' for the office area. The required parking is 47 spaces. Therefore, the applicant has exceeded the required parking requirements. Ten compact parking spaces are proposed. Code Section 22.MO) .1082 allows 40% of the required parking and any parking in excess of the required parking to be compact, permitting 23 compact spaces (47 x 40% = 18.8 + 4 in excess of 47). Code Section 22.52.1084 requires that non-residential use provide sufficient on -site loading and unloading areas or that loading operations are conducted in a manner and time which avoids traffic congestion within the parking lot or on adjacent streets. A loading area is proposed at the rear of the site. It consists of one truck loading dock with a ramp, connected to a 10'x10' roll up door. Two at -grade 10'x14' roll up doors are also proposed, which open onto a 20' x 25' internal loading area. It is estimated that there will be two or three daily truck trips to and from this site. The loading area will not be visible from the street and won't interfere with on -site circulation. c) Architecture The proposed structure is a concrete "tilt up" type building. Although its basic design is simple, its inherent box -like appearance is relieved by rounded corners, a varied front building setback on Lycoming Street, stairways, and a ground level walkway enclosed with columns. Reveals, placed all around the building and painted a deep turquoise will provide an accent color. The lower ten feet of the building will be scored with 3/4" lines on all sides, providing texture and interest. The upper and lower portions of the building will be painted a contrasting color adding further interest. The building's facade will be further enhanced by landscaping in the setbacks and planters. The proposed structure is typical the area and is compatible i surrounding light industrial uses, ISSUES Tree Removal and Landscaping of the n concrete "tilt up" type buildings in its architecture, and scale with the The project site currently contains nine mature trees, including six California pepper trees, one black walnut tree and two eucalyptus trees. The applicant has proposed the removal of all but the existing walnut tree, to accommodate the building and proposed site improvements. The General Plan Resource Management Element Strategy 1.1.11 calls for the preparation of a tree preservation ordinance which emphasizes the preservation and retention of native . trees such as oak and walnut and mature sycamore, pepper, arroyo willow and "significant trees of cultural or historical value." All planning decisions must be consistent with the General Plan and therefore the proposed removal of the California pepper trees must be addressed in this manner. The City's current regulations address only the preservation of oak trees, although the proposed comprehensive Development Code will address the preservation of the additional species of trees. Staff has required the applicant to submit a report, prepared by a certified arbonst (attached) identifying the size, type, and condition of the trees. The report concludes that the structural viability of the pepper trees ranges from poor, to extremely poor, due to extensive heartwood decay. This means that the inner, dead part of the tree, which provides its structural support has rotted away, leaving gaping holes in the trunk and making them unstable. E According to the arborist, this condition makes preservation and/or relocation of these trees infeasible, because they are too unstable to move. Further, because of this instability, if the trees were preserved on -site there would be a potential hazard to structures and people, from falling trees or limbs. Please note that the report states that the over-all health of the trees is good. According to the arborist, this means that the living part of the trees, their vascular systems, consisting of leaves and bark, are in good health and free from infestation. In order to mitigate the loss of the six California pepper trees, staff is recommending a three to one replacement ratio in a variety of sizes, ranging from 15 gallon to 48" box. The City's current standards apply only to oak trees and include a replacement ratio of two to one, with a minimum replacement size of 15 gallons. As the plans show, these trees have been integrated into the proposed landscaping scheme which will result in a project with abundant landscaping, greatly enhancing the appearance of the site. Traffic Impacts Construction of the proposed industrial building will result in an additional 42 vehicle trips during peak hours, going to and from work, and two or three truck trips per day from routine deliveries and pick-ups. According to the Deputy Director of Public Works, the intersection of Lemon Avenue and Lycoming Street is an area of the City which has been identified for a future warrant study to determine if signalization will be required. A condition of approval has been included, requiring that the applicant contribute a fair share amount to any costs for a warrant study or future signalization of this intersection. According to the General Plan, Lemon Avenue north of Golden Springs has been designated as a secondary arterial, and Lycoming Street has been designated as a residential collector street. According to General Plan Table V-1 the right of way (ROW) Dedication Standards for Lycoming Street require an ultimate ROW of 80.' The existing ROW is 60.' In order to accommodate this width, the applicant is dedicating an additional ROW of 10' along Lycoming Street, resulting in a half -width of 40' as measured from the centerline of the street. However, when the building is constructed the roadway will be improved to its current alignment of 60" The additional 10' dedication will be for the future widening of this street to its ultimate 80' right-of-way width. In order to insure that the applicant/owner pays for the cost of the future improvements of the widened roadway in front of the subject property, a condition of approval has been included requiring the posting of surety as approved by the City and the execution of an agreement with the City guaranteeing payment of a fair share cost of these improvements. PUBLIC NOTIFICATION The application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on July 18, 1997 and all property owners (8) within a 300 foot radius were mailed notices of the public hearing on July 10, 1997, ENVIRONMENTAL REVIEW Pursuant to the terms of the California Environmental Quality Act (CEQA), the City after concluding the preparation of the Initial Study hereby determines that there is no substantial evidence that the project may have a significant effect on the environment and therefore a Negative Declaration (ND 97-1) has been prepared for this project. RECOMMENDATION: The staff recommends that the Planning Commission approve Development Review 97-1 subject to the Conditions of Approval contained within Planning Commission Resolution 97-Xk REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's general plan, design guideline of the appropriate district, and any adopted architectural criteria for the specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2. Approval of the design and layout of the proposed project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly attractive development contemplated by Chapter 22,72 of Development Review Ordinance No. 5 (1990) and the City's General Plan; 3. The architectural design of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; 4. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of material texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. UI 5. The proposed project will not be safety or welfare or materially improvements in the vicinity. PREPARED BY: Catherine Johnson, Senior Planner detrimental to the public health, urious to the properties or ATTACHMENTS: Application Plans Environmental Checklist Initial Study for Negative Declaration 97-2 Certified Arborist's Report Dated May 30, 1997 Draft Resolution of Approval for Development Review 974 E3 CITY OF.;'TAMOND $AR � COMMUNI'� _.^)EVELOPMENT DEPARTMENT �.` , 21660 E. Coy.�y Drive Suite 190 - (909)396-5676 Faz (909)861-3117 DEVELOPMENT REVIEW APPLICATION . Record Ovmer Name TENG, ANDY (bast name first) Addrus LAN PLUS City 17088 E. GREEN DR. Zip CITY OF INDUSTRY r CA 91745 Applicant TENG, ANDY (Last name first) LAN PLUS 17088 E. GREEN DRIVE CITY OF INDUSTRY, CA91745 Casza, �2 J— `� FPL � 7-O/ `J Deposit$ 2y UU r7 Reczipt;' �� 9 6 Datz R d rp/c�� App.licant's A;ect IJU,KE�dT C.K. .4RC�;I-ECT (Last name ili_t) KENT WU AR('HTTFf� 1274 E. CENTER COOT DR. STE.211 COVINA.CA 91'24 Phane�l � 81 0-461 6 �Rtwne�l� 810-4616 Phoned$ 966-4975 (.0 u � �,C 6/0� 33/-6 27� NOTE: It is the applicant's responsibility to notify the Community Development Director m �ong of any c z; �z et the principals involved during the processing of this case. (Attach a separate shw[, if necessary, including nnmcs, addresses, and signatures ohncmbcrs of panncnhips, joim ccntures. sn,i .iia-aers of wrporations.) Consent: I�certify [hat I am the owner of the herein described property and permit the appticent to jle this rc;a�sr. Data µ � Z � — (7 � (All record owners) Certification: 7, the undersigned, hereby certtJy under penalty of perjury that the injonnafion herein procid<•:i is rortct to the best oJmy knowledge. Print Name TENG, ANDY (Applicant or Agent) Signed ���� �"fy Date (Applicant or Agent) �-z���`7 Location N E r0(�.g__Of I FM(1N STREET R I Yff1MTN(' STREET f1TAMDN[1 R4q_,_fe o1�fi� (StreU address �or tract and lot number) Zoning M 1.5 RESTRICTED HEAVY P1ANUF. ZONE ly.;yl Previous Cases Present Use of Site Use applied for AN INDUSTRIAL PARK TO RF BllIIT (1N STTF THE PRf11FfT iN('IDjtT;ir: r>>5 �� (100 S F +TILT UP CONCRETE WAREHOUSE�OFFICE BUILDING (24' CLEAR HT.) ld/5,998 S.F. 2STORY OFFICE AREA IN IT.(2) PROVIDED 53 A.C. PAVED PARKING SPACES& 1-RAMPED L0,40INC, DOCK @ REAR YARD (3)12% OF THE TOTAL LO1' AREA TO_8F IAND4CAPFD W/AI!TnntArT� rnrl?q�l roa ,^,TION SYSTEP1.(4) 8± MATUAL TREES ON SITE TO BE REPIOVED AND REPLACED BY OTHEP. 15GA.L. :'�'I`i.TREES AS PER. CITY REQUIRED. Legal description (all ownership tpnsing the proposed lot(s)/parcel(s)) LOT 1 OF THE SWAN SUB61VISIOT IN THE CITY OF DIAMOND BAR AS PER MAP RECORDED IN THE BOOK 3, PAGES 39 AND 40 OF MAPS LUUNIY OF RECORDER OF SAID COUNTY. IN THE OFFICE OF THE Area devoted to structures 34,011 S.F. Landscaping/Open space 7.943 S F. Project Size 365961 S.F. _Lo-rCoverage 53.2% Proposed density. Style of Architecture _CONCRETE TILT UP TYPE BUILDING (Units/Acres), Number of Floors Proposed WAREHOUSE/MANUF.AREA-1STORSYIope of Roof t 4.11 PER FT OFFICE AREA-2 STORY Grading' YES YES Export If yes, Quantity_ 5 , 000 C . V Fill 2,800 C.Y. ± If yes, Q!:at•tity 2 , 600 C . Y . ± If yes, Quantity If yes, Q!:at•tity 2 , 600 C . Y . ± If yes, Quantity INSTRUCTIONS FOR COMPLET 1 INITIAL STUDY QUESTIONNAInE TO THE APPLICANTS The California Environmental Quality Act requires a review of Your proposed project for possible environmental impacts. This Initial Study process is intended to determine the type of environmental documentation necessary to have City, The Initial Study consists of a completed your project considered by the ich you must provide, and an analysis of questionnaire and other material wh of tenwith the input eees potential prpTeisa with speciaexpetiseThspocesscan be expeditedwith yourcooperwing fion file must include the following exhibits, u_hich you st muq The project (check boxes are provided for your use). 1, Initial Study Questionnaire --In completing this goes?'.onnzire, ail questions should be answered as completely as possible (attach antic pages if necessary). If requesting a land division, it should be antic!;ated t will that future developmenradine at and/or development should be accordingly. Preliminary g g l Pie if o immediate Construction is an 'ci a submitted, n 24 Development Plan with Contours showing, a) the location and layout of the proposed Development or possible pad location; the location, spread, health and level) b) native vegetation --including circumference (measured 4 1/2 feet above gary oak . round treest and C) existing and proposed landscaping. NOT2t If your project is in the Santa Monica },taunt"" area, four extra copies of the map ai'e requiredl riate scale showing the subject Proit>' Pe 34 Vicinity Map of appropi;' 'elation other significant physical features, Street maps tnearby streets and areas shouldbc used, (Quad Sheetsearearavailable atp in urban ar ma.� mmPs <_jtor sr (such as ntor as from the Department of the interior Geologic Survey, Sod North Lcs Angeles Street, Room 7638t Los Angeles --this is the Federal Building in Los Angeles civic center.) te, pad locations and surrounding area, A 4, photographs of the sin ind-x map phs should be provided, showing the location and keyed to the photogra direction of each photograph, S, Generalized land use map of appropriate scale for the project size and surrounding properties, with uses clearly labeled. Be certain that the project number(s) is on all material (e.g, maps) Pho'OYTdPhs' questionnaire). �QT*O\INAIRE FAILURE TO SUBMIT ALL REQUESTED MATERIALS AND TO PRO CAS E. CX?�f°L CX - INFORMATION CAN RESULT IN DELAYS IN PRCCESSING Ya.? CAS Project Applicant (owner), LaN ,oGus Staff Use Project No, ------------------ ------------------ INITIAL STUDY t'A)ESTIQNNAIRE A. ORAL INYi�RMATION Project Represent&tive! NAME �27:2 o6r/yz2t�= cou2> awr/E . ADDRESS ,Z c9i8 9106 - g9 7G PHONE # 1, Action requested and project description; ,4f✓ 3��oOs�.f coyc,��t arrCC t u�S o of ti01a�-cam- 2. Streelocatiproject: 3a. Present use of site;_ ti.��.�sk�_ __ 3b. Previous use of site or structures: 'v1� 4, Phase list ail previous cases (if any) a ed to this protect; ��� 5. Other related permit/approvals zequired. Fn-/-= �/�r.�K�-/=ram, �i=i`�=+'t'� Specify type and granting agency. g i f-i2.� .�y�T 6. Are you planning future phases of this project? Y N If yes, explain; 7. Project Areal Covered by structures, pavin¢,3 6 7 6/ 5 Landscaping, open space:s ori1,6�1eor = s= Total Areal s. c 8. Number of floors; 2 9. Present zoning: M /45 lq, Water and sewer service: Does service exist at site? Domestic public Water Severs N .. . O N If yes, do puxvcyors have rapacity to meet demand of protect � all other approved O N O N project67 If domestic water or public sewers are not available, how will these sorvicas bepxovided? ,W/ Residential Protects, N/<S 11. Number and type of units. 12. 3choolet What school districtCs) serves the propexty9_..Y.,^_._ pre existing school facilities adequate to meet project needs? YES 2J0 Iq not, what provisions will be made for additional Classrooms? �.._ ��- Sc� L Non-gtesidcntial protects: �v�iLNu1' E��'+"��� F_ /.� Socr�d 13. Distance to nearest restd�n�tia?�un�Npsensstiv�us���oi, h etc.? n,�C?•z�-3�o�ti� � S�o6 0� P��'�.�-y A�,'l���r r<fra L� �'�p„'i'`JG7 s P 14. jdumbex and f oor area of buildinQs,�.�3�-Z S��Fr 15. Nwooex of employees anfl shifts, 42 � 16. M3Eimum employees per shift:_ q2 00 ,4 m -�- S' 30 ��' 17. Operatin¢ hourss� End products 6/L SON.�L �'pJ1-� �/ 6Q� t,8. Identify any, Waste products .� Fs{zr �— Means of disposal � �.SN C,4N 19. Do project operations use, store or produce hazardous substances such as oil, pesti,ci. chemicals, paints, or radioactive mstorials? YES If yea, explains 20. AO Your operations require any pressurized tanks? YH$ O If yea, explain 21. Identify any flamtuable, reactive or explosive mstorials to be located on- $ite. _ N/d 22. Will delivoxy or shipment trucks travel through residential areas to reach the nearest highway? YES O If yes, explain 1, Environmental Setting--Proiect Site a, Etisting uselatructures Topography/elopes 2 °!o vegetation _ _ �Y S ( ,v47-lyjV w� Animal s Nonl� Wat elG olr scs /VO'u'� O.zltural/historical resources �,_ rvON6 ether S�4 ra s. y, Environmental Setting - Surrounding Area a. Existing uses structures (types, densities): b. Topography/slopes _ 2� *o, vegetation iYON� •d, Animals i(1oN� *�, Watercourses ND/VJ!5 q, t7iltural/historical resources D.vAF g, Other * Answers are not required if the area does not contain natural, undeveloped land• i i 3. Are there any major trees on the site, including oak tress? ONO avo �✓> E�u�pT�„S 7� Ifyes, typeandnumber:( %) olc� M/tu&U ✓F'-- G� rrEE/��N SSE Tn RO6/Y/�L�-'�'� /!,/ T.�/b7,4N�A CO.UFG/zrfr m CLeL•� 140 oaFe 7yeEss 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?, YES O If yes, explain: S,. Grading: Will the project require grading? AYl If yes, haw many cubic Will it be balanced on site? YES If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic ha=seers on the property (including uncompacted fill)? YES O If yes, explain, 7, Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)1 YES O Distance to nearest fine station: 8. Noises 8zisting noise sources at site, ��-v-� m �`! Noise to be generated by project: N v✓v� Fumest Odors generated by project: � o Could toxic fumes bn generated? �.0. What Cnergy-conserving designs or material will be used? c.o C I TI � I htreby certify that the statements furnished abo��e and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are t:ue and correct to the bast of my knowlcd d belici. i Date Signature For : G�,�'�/t' GI/G�- ,�.- .. , t ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of six parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts Part 6 Sources PART I -BACKGROUND 1. City Project Title: Development Review (DR) 97-4 2. Project Address/Location: NE Corner Lemon Avenue and Lycoming Street 3. Date of Environmental Information Form submittal: May 14 1997 4, Applicant: Andy Ten Firm Name: Lan Plus Address: 17088 E. Green Drive City/State/Zip: City of Industry CA 91745 Phone: (818) 810-4616 — Fax: N/A 5, Lead Agency: City_of Diamond Bar Contact: Catherine Johnson Senior Planner Address: 21660E Covlev Drive Suite 190 City/State/Zip: Diamond Bar CA 91765 Phone: (909) 396 5676 Fax: (909) 861-3117 6. General Plan Designation: tight Industrial (IL_ 7. Zoning:M-1.5 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary). The project is a 35,461 square foot industrial building, consisting of 28,369 square feet of warehouse area 5,998 square feet of office area (two-story) and 1,094 square feet of manufacturing area, on a 78,442 square foot (1.8 acres) site. The project will also include 51 parking spaces, 1 ramped loading dock. Over 12 % of the total area will be landscaped. Additionally, the current proposal also includes the removal of 8 mature trees on the site (six California Peppers and two Eucalyptus trees). California Peppers trees have been designated for preservation by the City's General Plan. The applicant proposes replacement at a 3 to 1 ratio for the California Pepper trees in sizes ranging from 15 gallon to 48" box trees, to be integrated with the overall landscape plan for the site. 9. Surrounding Land Uses and Setting: The project site is located at the northeast corner of Lemon Avenue and Lycoming Street near the northerly City boundary. The area surrounding the subject site is predominantly light industrial. Railroad tracts run parallel to the northerly boundary of the project site, to the east is an industrial building and to the south is an elementary school and to the west are industrial buildings. 10. Other public agencies whose approval is required Fire Department approval will be required prior to the issuance of building permits. 11. List City of Diamond Bar related applications for this project that must be processed simultaneously: None 12. List prior projects for this parcel: None 2 PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning _ 9. Hazards — 2. Population and Housing _ 10. Noise 3, Geologic Problems _ 11. Public Services _ 4. Water _ 12. Utilities & Service Systems — 5. Air Quality _ 13. Aesthetics — 6. Transportation/ Circulation _ 14. Cultural Resources _ 7. Biological Resources _ 15. Recreation — 8. Energy & Mineral 16. Mandatory Findings Resources _ of Significance 3 PART 3 - DETERMINATION Project Number: DR 97-4 to be completed by Lead Agency On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 0 �'ATNE/1-i�7E �Jo N nso �7 Date Printed Name For PART 4 - EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis.) 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section VII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 5 ENVIRONMENTAL ISSUES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Conflict with General Plan designation or zoning? Source #s: 1, p. I-27; 2 _ X b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Source #s: 4, p. 11 et seq. X c. Be incompatible with existing land uses in the vicinity? Source #s: 16 X d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Source#s: 1, p I-27 X e. Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? Source #s: 15, 16 X a. Cumulatively exceed official regional or local population projection? Source #s: 3, 5, p. II-I-19 X _ Environmental Issues - continued b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: 3, 1, p. I -II, 20 c. Displace existing housing, especially affordable housing? Source #s: 16, 1 p. I-27 a. Fault rupture? Source #s: 1, p. IV-31 5, p. II-B- 7 b. Seismic ground shaking? Source #s: 5, p. II-13-7 c. Seismic ground failure, including liquefaction? Source #s: 1, p. IV-3, 5, p. II-B- 15 d. Seiche (water tanks, reservoirs), tsunami, or volcanic hazard? Source #s: 17 e. Landslides or mudflows? Source #s: 5, p. II-13-15 f. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Source #s: 1, p. IV-3 g. Subsidence of the land? Source #s: 5, II-13-16 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X X X bl Environmental Issues - continued h. Expansive soils? Source #s: 5, p II-B-16 i. Unique geologic or physical features? Source #s: 5, p. II-A-1 a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: 20 b. Exposure of people or property to water related hazards such as flooding? Source #s: 1, p. IV-4 c. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Source #s: 5, p. II-C-1 d. Changes in the amount of surface water in any water body? Source #s: 5, p. H-C-1, 6 e. Changes in currents, or the course or direction of water movements? Source #s: 6 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact j X X X X 0 Environmental Issues - continued f. i. w i� d. Change in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source #s: 5, p. H-P-3 Altered direction or rate of flow of groundwater? Source #s: 6 Impacts to groundwater quality? Source #s: 5 p. II-P-3 Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: 5 p. II-P-3 et seq. Violate any air quality standard or contribute to an existing or projected air quality violation? Source #s: 7 Expose sensitive receptors to pollutants? Source #s: 5, p. H-F-8 Alter air movement, moisture, or temperature, or cause any change in climate? Source #s: 5, p. II-13-1 Create objectionable odors? Source #s: 8 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X - X _ X X X X E Environmental Issues - continued a. Increased vehicle trips or traffic congestion? Source #s: 9, p. 83, 14 b. Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Source #s: 20 c. Inadequate emergency access or access to nearby uses? Source #s: 10 d. Insufficient parking capacity on - site or off -site? Source #s: 20, 11 p. 335 et seq. e. Hazards or barriers for pedestrians or bicyclists? Source #s: 20, 10 f. Conflicts with adopted policies supporting transportation (e.g. bus turnouts, bicycle racks)? Source #s: 1, p. V-22 g. Rail, waterborne or air traffic impacts? Source #s: 5, p. HI T-38 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X _ X _ l0 Environmental Issues - continued a. b. c. e. b. C• Endangered, threatened or raze species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Source #s: 5, p. II-D-14 Locally designated species (e.g. heritage trees)? Source #s: 1, p. III4 , 12 Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? Source #s: 5, p. II-D-2, et seq. Wetland habitat (e.g. marsh, riparian and vernal pool)? Source #s: 5, p. II-D-2 Wildlife dispersal or migration corridors? Source #s: 5, p. H-D-23 Conflict with adopted energy conservation plans? Source #s: 1, p. III-14 et seq. Use non-renewable resources in a wasteful and inefficient manner? Source #s: 5, p. II-S4 Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Source #s: 5, p. II-B-17 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X X X _ X _ Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Source #s: 5, p. II-M-1 X b. Possible interference with an emergency response plan or emergency evacuation plan? Source #s: 13 X c. The creation of any health hazard or potential health hazard? Source #s: 1, p. IV-1, 8, X d. Exposure of people to existing sources of potential health hazards? Source #s: 1, p. IV4 et seq. X e. Increased fire hazard in areas with flammable brush, grass, or trees? Source #s: 5, p. H-K-1 X _ a. Increases in existing noise levels? Source #s: 1, IV-15; 5, p. II-G et seq. X — b. Exposure of people to severe noise levels? Source #s: 1, IV-15; 5, p. H-G et seq. X — 12 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact hnpact a. Fire Protection? Source #s: 1, p. VI-3 b. Police Protection? Source #s: l,p. VI-3 c. Schools? Source #s: 1, p. VI-3 d. Maintenance of public facilities, including roads? Source #s: 1, p. V-6, 14 e. Other governmental services? Source #s: a. Power qr natural gas? Source #s: 1, p. VI-2 b. Communication systems? Source #s: 1, p. VI-2 c. Local or regional water treatment or distribution facilities? Source #s: 1, p V 1-2 d. Sewer or septic tanks? Source #s: 1, p. V1-2 e. Storm water drainage? Source #s: 1, p. V 1-2 f. Solid waste disposal? Source #s: 1, p. VI-2 13 Environmental Issues - continued g. Local or regional water supplies? Source #s: 1, p. VI-2 a. Affect a scenic vista or scenic highway? Source #s: 1, p. III40 et seq. b. Have a demonstrable negative aesthetic effect? Source #s: 1, P. 1-19 c. Create light or glare? Source #s: 20 a. Disturb paleontological resources? Source #s: 5, H-H-1 b. Disturb archaeological resources? Source #s: 5, II-H-2 et seq. c. Affect historical resources? Source #s: 5, II-H-5 et seq. d. Have the potential to cause a physical change which would affect unique ethnic cultural values? Source #s: 5, H-H-1 e. Restrict existing religious or sacred uses within the potential impact area? Source #s: 5, II-H-1 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X X X X 14 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact a. Increase the demand for neighborhood or regional parks or other recreational facilities? Source #s: 5, II-N-3, 3 — b. Affect existing recreational opportunities? Source #s: 19, fig. 2-1 — a. Dces the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? — b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X No Impact X X Environmental Issues - continued 17 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 9 c. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. None. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an eazlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. None. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. None. 16 PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. 1. LAND USE AND PLANNING a. The project is located within the Light Industrial (I) Land Use Designation (maximum floor area ratio of .025 to 1.25) and is within the zoning district of M- 1.5. The project's proposed a floor area ratio is .45 and therefore is consistent with the General Plan which permit a range of light industrial uses and the project is a permitted use within the M-1.5 zone. b. The project does not conflict with the General Plan EIR because it is consistent with the Light Industrial Designation and has been reviewed subject to CEQA requirements and found that there will be no significant effect on the environment. c. With the exception of a school to the south of the project site the property is surrounded by light industrial uses. Because the nature of the proposed use which involves warehousing, office and assembly it can be considered compatible with the existing school. d. There are no agricultural resources or operations in the vicinity of the project. e. Existing land uses in the vicinity of the proposed project area are generally light industrial, except for the school. The proposed project is also light industrial and therefore will not disrupt or divide any established community. 2. POPULATION AND HOUSING a. The project is a light industrial use with an estimated 42 employees. It is assumed that the small scale of this project will not cause any regional or local population projection to be exceeded either directly or indirectly. b. The project is a small scale light industrial use which is not expected to induce substantial growth either directly or indirectly. c. The existing site is vacant, therefore the project will not displace existing housing. 3. GEOLOGICAL PROBLEMS a. No portion of the City has been identified as in an Alquist-Priolo Special Studies zone. The closest fault is the Diamond Baz fault, which is described as a "small inactive fault." b. The City is located in two of the three seismic shaking zones as determined by the County of Los Angeles. Zone 2 represents areas that would be exposed to a moderate level of seismic shaking, and Zone 1 which would be exposed to a relatively low intensity of ground shaking. c. The proposed project is not located within the vicinity of any reservoirs. If a seiche occurs it will not affect this property. d. The project site is located on a flat parcel of land and is not within the vicinity 17 of any hillsides that would result in this property being subjected to landslides or mudflows. e. The project site is already flat and will require minimal grading which will not result in unstable soil conditions. f. There is no evidence that subsidence producing activities have occurred at or near this site. g. Almost all soils in Diamond Bar have the capacity to be expansive, and should be reviewed on a project specific basis. Therefore, this site must be evaluated for expansive soils. h. The project does not contain any unique geologic or physical features. 4. WATER a. The project proposes that 1.6 acres of the 1.8 acre of the site will be covered by a structures or other impervious surfaces. This will increase the amount of impervious surface and therefore the amount of surface runoff. This is expected to be less than significant in an area that is predominantly built out and with its storm drain system in place. b. The project is not located within Areas of Potential Flooding, nor will its development or use expose people or property to water -related hazards. c.,d.e. No surface water body exists within the vicinity of the project. f. The projects will incrementally deplete the amount of groundwater to the extent that impermeable surfaces are added and the rate of absorption is effected by the increase in impermeable surfaces. This amount is unknown, but for a project of this small size may be considered to be insignificant. g. The project will not effect the direction or rate of flow of groundwater. h. Groundwater quality may be impacted by the development, but its extent is likely to be small, given the small size of the site. i. The development of one industrial building in an urbanized area is not considered to cause a substantial reduction in the amount of groundwater for public water supply, Additionally, groundwater is not utilized for domestic supply, but only for reclaimed water supply. 5. AIIt QUALITY a. Air quality will be expected to be effected during construction operations and to a minor extent with the addition of 42 cars and truck deliveries on the project site. However, the development of this site in an urbanized area is not expected to significantly contribute to the violation of any air quality standards. b. There is a school located across the street from the proposed project, but it will not be significantly impacted by the small amount of traffic that will be added to this already urbanized area because of the existing industrial uses in the area and c. Minor changes to the local microclimate in this area may result with the loss of the existing vegetation and addition of impermeable surfaces. These changes are not expected to be significant. d. The warehousing, assembly and office uses will not generate any odor. Fuel odor will be added by the addition of car and truck traffic but will not be significant in an urbanized area. m 6. TRANSPORTATION/CIRCULATION a. Vehicle trips will permanently increase as a result of the development of this site. Consistent with the General Plan, the applicant is dedicating an additional 10' of property along the Lycoming Street frontage, for the purpose of widening the street to a half -width of 40' in compliance with the General Plan standard of 80' for Lycoming Street. Additionally, a condition of approval will be including requiring the applicant to contribute a fair share amount for a traffic study for this area. b. The on -site to off -site circulation has been reviewed and has been found not to result in hazards to safety from design features or incompatible uses. c. Vehicular access is provided from Lemon Avenue and Lycoming road. Therefore the project will not result in inadequate emergency access or inadequate access to nearby uses. d. The development proposes 51 on -site parking spaces as well as well as a loading area and loading dock for trucks, in compliance with the current zoning regulations. Therefore the therefore, the proposal will not result in insufficient parking. e. As part of the project approval extension of the existing sidewalk in this area will be required. Therefore there will be not additional hazards created for pedestrians or bicyclists. f. The development of this project does not conflict with any of the City's goals, objectives or strategies supporting transportation. g. No waterborne, or air traffic are in the vicinity of this project. The project may, along with the other industrial uses in this area utilize the existing rail facilities, but this is not anticipated to have a negative impact. 7. BIOLOGICAL RESOURCES a. The project will not result in impacts to endangered, threatened or rare species or their habitats because none exist on the project site. b.c. The project will result in the removal of 6 California Pepper trees which have been cited by the General Plan for preservation. The applicant proposes replacement of the trees at a 3:1 ratio. d. The project will not result in an impact to wetland habitat because none exist in the area. e. The proposal will not result in an impact to wildlife dispersal or mitigation corridors because none exist on the site. 8. ENERGY a. The City of Diamond Bar has no adopted energy conservation plan, therefore, the proposal will not be in conflict. b. The development of the project will require the use of non-renewable resources, specifically fossil fuel as a result of additional traffic generated by this projects. However this may be considered less than significant in the context of like developments in the vicinity of this project. c. No mineral resources will be impacted by this site. 9. HAZARDS a. The project will likely use hazardous materials, such as oil, chemical, etc., during its construction phase. Their relatively small amounts results in a less than significant impact. b. The project will not interfere with the City's emergency response plan or evacuation plan. c. The development or use of this building will not create any health hazard or potential health hazard. d. No potential health hazards currently exist at, the project site, therefore, people will not be exposed to existing sources of potential health hazards. e. The development of the site will not result in an increased fire hazard in the area with flammable brush, grass or trees. Because the site is to be landscaped and irrigation and will primarily be occupied by impermeable surfaces the development will likely result in a decrease in fire hazards from brush grass or trees. 10. NOISE a.b. The development of the industrial building will increase existing noise with the addition of traffic. While the project is located adjacent to a railroad tract it is not within the existing or future noise contours identified in the General Plan. However, given the proximity of other similar developments this is not considered significant. During construction, noise will increase temporarily, but in an urbanized area, this is not considered significant. 11. PUBLIC SERVICES a. To the extent that this project will specifically require the use of fire protection services, the project will effect fire protection services. However, as one industrial building constructed to current building and fire codes, the impact is expected to be less than significant. b. To the extent that this project will specifically require the use of police protection, the project will effect police services. However, as one industrial building, this impact is considered to be less than significant. c. This project lies within Walnut Valley Unified School District, which currently has a need for permanent school facilities. However, the impact of one industrial building is considered to be less than significant. d. The development and use of the industrial building will affect the maintenance of public roads, but to an extent that is considered to be less than significant. e. No other specific governmental services have been identified which may be impacted by this proposal. 12. UTILITIES AND SERVICE SYSTEMS a-g. The project is one industrial building which, would not result in the need for new systems, supplies, or substantial alterations to the following: power or natural gas, communications systems, local or regional water treatment or distribution facilities, sewer or septic tanks, storm water drainage, solid waste disposal, or local or regional water supplies. 20 Be AESTHETICS a. The proposal would not effect a designated scenic vista or highway. b. The project is being developed in a manner consistent with other developments within the surrounding area. It utilizes good architectural design and features, and a pleasing combination of colors and materials. c. The only source of light and glare may come from sunlight reflected on windows and on -site lighting. However, given the areas, urbanized location any light or glare generate will not be significant. 14. CULTURAL RESOURCES a. The proposal will not disturb paleontological resources because no site exist within the City. b. The project site is not in an area identified to have archaeological contains no archaeological by the General Plan. c. The project will not effect historical resources because none exist at the site. d,e. No unique ethnic cultural values or religious or sacred uses have been identified in the City, therefore, the proposal could not cause a physical change that would effect or restrict these values. 15. RECREATION a, b. The City's parks provision is .98 acres per thousand residents. This is below any of the industry standards (3 acres per thousand Quimby; 5 acres per thousand for National Parks and Recreation Association.) The addition of 42 employees, which may or may not already reside in the City will not increase the demand for parks to significant degree. 16. MANDATORY FINDINGS OF SIGNIFICANCE a. While, the project proposal does not explicitly degrade the quality of the environment, it will effect a previously undisturbed, undeveloped site. Its impact to the environment will be limited to removing a small area of plant and wildlife commonly occurring throughout the City. The project site doe not support fish, therefore no fish will be threatened. Additionally, no rare or endangered species occur on the site or use it for habitat, and no examples of California history or pre -history occur on site. b. The development in this area, to some degree, will achieve to the disadvantage of long term environmental goals. However, this may be considered less than significant due to its expectation of development and consistency with other developments in the project area. a This project has impacts that are individually limited, but not cumulatively considerable. The project site is located in an area planned for light industrial uses and the project is similar to others in the vicinity. d. The project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The project site is located in an area planned for light industrial development like others in the 21 vicinity. PART 6 - SOURCES Environmental Checklist -DR 974 List of Sources 1. General Plan, City of Diamond Bar; Cotton/Beland Associates, Inc. and Charles Abott Associates; July 25, 1995 2. Zoning Map, City of Diamond Bar, FORMA n.d. 3. City/County Population and Housing Estimated, January 1, 1997, California State Department of Finance 4, General Plan Environmental Impact Report and Addendum, City of Diamond Bar, July 25, 1995 5, Master Environmental Assessment, City of Diamond Bar, Planning Network, June 8, 1992 6. San Dimas Quadrangle; United States, Department of the Interior; 1966 revised 1981 7, CEQA, Air Quality Handbook; South California Air Quality Management District; April 1993 8. Reserved 9. Trip Generation, 5th Addition, Institute of Traffic Engineer; 1991. 10. George Wentz, City Engineer 5/28/97 11. Planning and Zoning Code, County of Los Angeles, BNi Books, 1986 12, Arborists Report, John Garbo, Upland Ca, May 30, 1997. 13. Multihazard Functional Plan; City of Diamond Bar, September 22, 1992 14. David Liu, Assistant City Engineer 6-27-96 15. Tract No. 29353, Los Angeles County Map No. 11141-329, Dept of Public Works 16. 500' Land Use Radius Map, DR 97-4 Kent Wu Architect n.d. 17. Walnut Valley Water District Street Map, Walnut Valley Water District; 1996 18. Development Review Application NE Corner Lemon and Lycoming, Kent Wu 4/28/97 19. City -Wide Comprehensive Parks Master Plan (draft) Purkis-Rose, RSI, June 12, 1997 20, Site Plans, Elevations, Kent Wu Architect, 4/23/97 raga Location: Northeast corner of Lemon Avenue and Lycoming Street, City of Diamond Bar Tree #1 Tree Type: Schinus molle -Cl" Size: 135 inch circumference at 4.5 feet above ground, 25 to 30 foot spread Structural Viability: Very poor Health: Good Remarks: Extensive heartwood decay makes this tree unstable. See photo. Tree #2 Tree Type: Schinus molle Size: 195 inch circumference at 4.5 feet above ground, 30 to35 foot spread Structural Viability: Very poor Health: Good Remarks: Extensive heartwood decay makes this tree unstable. See photo. Tree #3 Tree Type: Eucalyptus cladocalyx Size: 89 inch circumference at 415 feet above ground, 20 to 25 foot spread Structural Viability: Poor Health: Good Remarks: This tree has severe trunk damage. It would be best to remove. See photo. Tree Type: Schinus molle Size: 70 inch circumferenceat 4.5 feet above ground, 20 to 25 foot spread Structural Viability: Poor Health: Good Remarks: Extensive heartwood decay makes this tree unstable. See photo. Tree #5 Tree Type: Schinus molle Size: 180 inch circumference at 4.5 feet above ground, 40 to 50 foot spread Structural Viability: Very poor Health: Good Remarks: Extensive heartwood decay makes this tree unstable. See photo. Tree #6 Tree Type: Eucalyptus giobulus Size: 165 inch circumference at 4.5 feet above ground, 40 to 50 foot spread Structural Viability: Fair Health: Good Remarks: This tree has many large trunks or stems originating from a central point. This often causes included bark and a tree prone to splitting. See photo. Arborist Report Page 2 of 2 Tree #7 Tree Type: Schinus. molle Size: 112 inch circumference at 4.5 feet above ground, and 90 inch circumference at 4.5 feet above ground, overall spread 40 to 50 foot Structural Viability: Ppor Health: Good Remarks: This tree has two trunks at ground level. Both have extensive heartwood decay. See photo. Tree #8 Tree Type: Schinus molle Size: 16-2 inch circumference at 4.5 feet above ground, 35 to 40 foot spread Structural Viability: Poor Health: GQod Remarks: Extensive heartwood decay makes this tree unstable. See photo. Tree #9 Tree Type: Iuglans Wgra 13 " c /` w A � n (j 7- Size: 60 inch circumference at 4.5 feet above ground, 20 foot spread Structural Viability: Good Health: Fair Remarks: The removal of large lower limbs on this tree has led to decay. See photo. CONCLUSION: The condition of these trees makes preservation and/or relocation not feasible. The surrounding area consists of brush and weeds. The property in its present condition invites transient dwelling. I�/Mountain Lane Upland, CA 91784 (909)94&1123 P S S �_7 u ` 14 r JnN3AV NOW31 r °� A A A I t r AN, :a y� t tA,. ,� ! , t, r a + 4 tT 1. r� A\ A Pop, PAT of, i; . II ALL 1_. 1j . k1l' �Y r AL1 i - FZ IF r� -+ilk. OF 7 1 1 f i MY If ilk 6 ` - , Y i OF, + i�g ulfili{�1� �I'r t r r it p OF I IF OF lk�fl Ok 401, IF 1i lot Y Y Jt r 1 I HOFFCI �`ks,I;IF Ok III oil, 0 +i I 3� „_. ` `1' ►> a i licJj Il Irk IF a I IF v t .`at�� k�. �tl S> p lye '� r ♦,��t3 T- 1Z rl' F�,yS j k IF list I Ft;," PLANNING COMMISSION RESOLUTION NO. 97-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING NEGATIVE DECLARATION (ND) 97-2 AND DEVELOPMENT REVIEW NO. 97-4� A REQUEST TO CONSTRUCT A 35�461 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT THE NORTHEAST CORNER OF LEMON AVENUE AND LYCOMING STREET, DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant/owner, Andy Teng of Lan Plus, and the applicant's agent, Kent Wu have filed an application for Development Review No. 97-4 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. On July 25, 1995, the City of Diamond Bar adopted its General Plan. Zt has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on August 26, 1997 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Vallev Daily Bulletin newspapers on July 18, 1997. Eight (8) property owners within a 300 foot radius of the project site were notified by mail on July 10, 1997. 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. FI 2. The Planning Commission hereby determines that the there is no substantial evidence that the project may have a significant effect on the environment and therefore a Negative Declaration (ND 97-2) has been prepared, pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 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 wildlife 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 relates to a 78,442 square foot vacant parcel, located at the northeast corner of Lemon and Lycoming. (b) The project site has a General Plan land use designation of Light Industrial (I). It is within the Restricted Heavy Manufacturing (M- 1.5) zone. (c) Generally, the following zones and uses surround the project site: to the north are railroad tracts and the City boundary; to the south is a school site zoned Residential Agricultural (R-A 8,000), to the east is an industrial building within the Commercial Manufacturing (CM) zone and to the west is an industrial building located within the M-1.5 zone. (d) The proposed project is a request to construct a 35,461 square foot, two story industrial building, to be utilized for warehousing, assembly and associated office uses. (e) The design and layout of the proposed development review is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district and any adopted architectural criteria for 2 specialized areas, such as designated historic districts, theme areas, specific plans, community plans, boulevards or planned developments. The proposed industrial building is consistent with the General Plan Land Use Element which provides for light industrial uses within areas designated Light Industrial (I). Further, the applicant is proposing replacing the pepper trees which will be removed as a result of development of this site, at a three to one ratio. This is consistent with the Resource Management Element which calls for the retention and preservation of pepper trees, as well as other identified species of trees as part of a tree preservation ordinance. (f) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed industrial building is permitted by right within the Restricted xeavy Manufacturing (M-1.5) zone. The applicant is dedicating an additional 10' of property along the entire length of the Lycoming Street frontage for the ultimate widening of this side of the street to a 40' half -width in compliance with the General Plan requirement for an ultimate 80' right-of-way for Lycoming Street. On -site parking and loading facilities have been provided for the proposed building in compliance with Code requirements and in an amount exceeding the minimum standards. A sidewalk will be extended in front of the building, and a condition of approval has been included requiring the applicant to be responsible for any needed repairs. All sidewalks, walkways and parking will be constructed in compliance with ADA requirements. (g) 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."72 of the Development Review Ordinance No. 5 (1990) and the City's General Plan. The proposed industrial building is a concrete C�3 "tilt up" type structure, which is typical of the buildings in the surrounding area. While simple in design, the building features design elements such as varying setbacks, rounded corners and accent colors, which add interest and variety to the building's exterior elevation. (h) 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. The design of the proposed industrial building will utilize a variety of colors, textures and shapes as well as a varied front setback to create interest, and landscaping in an amount that exceeds the minimum Code requirements. This will result in a site thatis aesthetically appealing, and enhances the appearance of the surrounding area. Further, the site is located at the northerly boundary of the City, and will serve as an attractive "entry statement" for the community . (i) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions of the approved resolution and the Building and Safety Division, Public Works Division and Fire Department. -The referenced agencies' involvement 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. 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 plans collectively labeled as Exhibit "A" dated August 26, 1997, as submitted and approved by the Planning Commission. (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 0 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) The applicant shall comply with all State, M- 1.5 zone, Public Works Department and Building and Safety Division requirements. (d) 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 may be requested in writing and submitted to the City 30 days prior to the expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed, within fifteen (15) days of approval of this grant, at the office of Diamond Bar Community Development Department, their Affidavit of Acceptance stating that the applicant/owner is aware of and agrees to all conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) 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, payable to the County of Los Angeles, 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 de minimis 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. (g) Within 30 days of this grant's approval, the applicant/owner shall submit revised site plans, landscaping plans and floor plans reflecting the additional 10' dedication along the property's frontage on Lycoming Street. These plans shall be reviewed and approved by the Planning Division prior to issuance of City permits. (h) Within 30 days of the grant's approval the applicant/owner shall submit final landscaping and irrigation plans subject to approval by the Planning and Building and Safety Divisions. All landscaping shall be installed prior to issuance of Certificate of Occupancy. (i) Prior to final inspection, the applicant/owner shall install a decorative masonry wall not less than 30" and no greater than 42" in height parallel and adjacent to the parking lot and not closer than five feet from the ultimate property line (including the 10' dedication on Lycoming street. (j) The parking lot shall be lighted to a 1 candle foot minimum level of illumination. All lighting shall be adequately shielded so as to not spill over on to adjacent surrounding properties or roadways. (k) Any roof mounted equipment shall be hidden from view by either the building parapet or behind screening that is constructed using materials and colors that are complimentary with the overall architectural design of the building. (1) Plans shall conform to State and local building codes (i.e. Table 10-A of the 1994 edition of the Uniform Building Code and the 1994 editions of Plumbing Code, Mechanical Code, and 1993 edition of the National Electrical Code) as well as the State Energy Code. (m) The plans for new construction shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C." (n) All ramps shall be handicapped accesible. (o) All exterior access doors shall be clearly marked with handicapped symbols. (p) The Fire Department shall review and approve plans for Fire Code compliance. (q) An elevator, constructed in compliance with ADA requirements is required to allow the public and staff access to the second floor. (r) All bathrooms and restrooms shall comply with the new State Handicapped Accessibility regulations. (s) Prior to grading permit issuance, a soils report and final grading and drainage plans shall be submitted and approved by the Engineering Department. 0 4 (t) The location of the borrow site for imported fill materials and the transport route shall be identified on the grading plans. All trucks hauling dirt, sand, soil or other loose materials shall be covered and maintain at least two feet of freeboard (i.e. minimum vertical distance between top of the load and the top of the trailer). (u) The building shall have roof drains to direct water to paved surfaces or to underground drainage facilities. (v) The applicant/owner shall be responsible for a proportionate share of the cost of any future warrant study or signal modifications needed due to the traffic impacts resulting from this project. (w) No access shall be permitted to the property from the right-of-way adjacent to the railroad tracts. (x) The applicant/owner shall irrevocably dedicate to the City of Diamond Bar, 10' of land along the entire length of the subject property on Lycoming Street. Written proof that the said dedication has been duly recorded and accepted by the County Recorder of the County of Los Angeles shall be provided prior to final Certificate of Occupancy. (y) Prior to issuance of any City permits, the applicant/owner shall submit a detailed cost estimate for surety purposes for all public improvements associated with this project, subject to approval by the Engineering Division. (z) Prior to issuance of any City permits, surety shall be posted by the applicant/owner in an amount approved by the City. This surety shall be in the form of a bond, letter of credit or other instrument approved by the City. (aa) An agreement shall be executed between the applicant/owner and the City, guaranteeing that at the time Lycoming Street is widened to its ultimate right-of-way width of 80', the applicant/owner shall pay a fair share cost (as determined by the City) of demolition, widening and street improvements along the property's frontage on Lycoming Street. These improvements shall include all costs for demolition, asphalt, curb, gutter, sidewalk and all cost associated with the relocation of any utilities or. other infrastructure. 7 (bb) The trash storage area shall be constructed on a concrete pad. (cc) The applicant/owner agrees to comply with any and all NPDES mitigation requirements which may be imposed on or related to the property. (dd) The applicant/owner agrees to comply with adopted Congestion Management Plan (CAMP) regulations of the City. 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 Andy Teng, Lan Plus 17088 E. Green Drive City of Industry CA 91745 and Kent Wu Architects, 1274 E. Center Court Drive, Suite 211, Covina, CA 91724. APPROVED AND ADOPTED this 26TH DAY OF AUGUST, 1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Cha I, Catherine Johnson, Acting 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 26TH day of August 1997, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Catherine Johnson, Acting Secretary G