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MEM
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW—
PLANNING CASE NO. PL2013-282 TO MODIFY THE EXTERIOR FAQADE
AND CONSTRUCT A 799 SQ. •
FT. ADDITION TO THE LOBBY AREA '•' AN
EXISTING 25,864 SQ. FT. OFFICE BUILDING LOCATED AT 660 N.
DIAMOND BAR BLVD., DIAMONDCA 91765 (ASSESSOR'S PARCEL
NOS. 8706-002-025).
.RECITALS
1. Property owner, Peichin Lee of Diamond Bar Investment, LLC, filed an
application for a Tentative Tract Map No. 72351 to subdivide air space for a
19 -unit office condominium located at 660 N. Diamond Bar Blvd., Diamond Bar,
Los Angeles County, California ("Project Site").
2. The Project Site is currently comprised of one parcel totaling 1.4 gross acres. It
is located in the Professional Office (OP) zone and is consistent with the
Commercial Office land use designation of the General Plan.
3. The legal description of the subject property is Parcel 1 of Tract Map
No. 39434. The Assessor's Parcel Number is 8706-002-025.
4. On December 9, 2013, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. Public hearing notices were mailed to property owners within a
500 -foot radius of the project site and public notices were posted at the City's
designated community posting sites on December 5, 2013. In addition to the
published and mailed notices, the project site was posted with a display board.
5. On December 19, 2013, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15301(e) (less than 2,500 sq. ft.
addition to existing structure) of the CEQA Guidelines. Therefore, no further
environmental review is required.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, there is
no evidence before this Planning Commission that the Proposed Project 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.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission
hereby finds and approves as follows:
Development Review Findings (DBMC Section 22.48)
1. The design and layout of the proposed development are consistent with the
general plan, development standards of the applicable district, design
guidelines, and architectural criteria for special areas (e.g., theme areas,
specific plans, community plans, boulevards or planned developments):
The proposed exterior fagade remodel and 799 sq. ft. lobby addition is
consistent with the applicable elements of the City's General Plan, City Design
Guidelines and development standards by meeting all of the required setbacks
and regulations. The proposed building has been designed in a contemporary
modern architectural style and incorporates principles of the modern
architecture with its simple, nonsuperfluous details on the building. In addition,
the massing of the entrance/lobby area is taller than the other parts of the
building to create a more spacious and inviting environment. The tall glazing
openings at the entrance will incorporate mullions to break up the big vertical
glass panels, and metal canopies will be added above the first floor to break up
the flat glass panels. The building will be repainted with two tone colors to
create interest at the two levels, and the lobby and secondary entrance at the
rear of the building will feature an accent color' to complement the rest of the
building, add interest and define a focal point. The remodel and addition is also
consistent with the City's Commercial Design Guidelines Pages 8-13, which
incorporates the following principles:
Monotony of building design as well as busyness is avoided. Variation in
wall place, roof line, detailing materials are used to prevent monotonous
appearance in buildings;
The exterior building design, including roof style, color, materials,
architectural form and detailing is consistent on all elevations of each
building to achieve design harmony and continuity within itself,
Articulation and accent color for identity and interest is provided for the
building entrances; and
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Planning Commission Resolution No. 2013-30
Contains elements which transition to the human scale, particularly near the
ground.
The project site is not a part of any theme areas, specific plans, community
plans, boulevards or planned developments.
2. The design and layout of the proposed development will not interfere with the
use and enjoyment of neighboring existing or future developments, and will not
create traffic or pedestrian hazards:
The proposed improvements will not interfere with the use or enjoyment of
neighboring existing or future developments because the use of the project site
is designated for commercial uses and surrounded by commercial uses to the
north, east and south.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements.
3. The architectural design of the proposed developent is comatible with the
character of the surrounding neighborhood and wilml maintain anpd enhance the
harmonious, orderly and attractive development contemplated by this chapter,
the general plan, or any applicable specific plan:
The architectural style is a contemporary modem style and is designed to be
compatible with the character of the neighborhood and further enhances the
visual quality of the neighborhood. There is no specific plan for the project
area.
4. The design of the proposed development will provide a desirable environment
for its occupants and visiting public as well as its neighbors through good
aesthetic use of materials, texture and color, and will remain aesthetically
appealing:
The design of the exterior fagade remodel and addition is a contemporary
modem style of architecture. Variation in the building elements has been
achieved through the utilization of varying architectural features such as higher
parapet walls and tall glazing openings for the lobby entrance, canopies, and
different use of building colors and materials. The building will be repainted
with two tone colors to create interest at the two levels, and the lobby and
secondary entrance at the rear of the building will feature an accent color to
complement the rest of the building, add interest and define the focal point.
5. The proposed development will not be detrimental to the public health, safety or
welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) 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 within the approved resolution, and the Building and
Safety Division and Public Works Departments, and L.A. County Fire
Department requirements. The referenced agencies through the permit and
3 Planning Commission Resolution No 2013-30
inspection process will ensure that the proposed project is not detrimental to the
public health, safety or welfare, or materially injurious to the properties or
improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA):
The Proposed Project is Categorically Exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to the provisions of
Article 19, Section 15301(e) (less than 2,500 sq. ft. addition to existing
structure) of the CEQA Guidelines. Therefore, no further environmental review
is required.
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Section 22.48, this Planning Commission hereby finds and approves the Development
Review, subject to the following conditions, and the attached Standard Conditions of
Approval:
1 The applicant shall comply with the requirements of Planning and
Building and Safety Divisions, and Public Works/Engineering Department
attached hereto and referenced herein.
2. This approval shall not be effective for any purpose until the
applicant/owner of the property involved has filed, within twenty-one (21)
days of approval of this Development Review No. PL2013-282, at the
City of Diamond Bar Community Development Department, an affidavit
stating that the applicant/owner is aware of and agree to accept all the
conditions of this approval. Further, this approval shall not be effective
until the applicant pay the remaining City processing fees.
3. The applicant shall comply with Diamond Bar Municipal Code
Section 22.34.050. A permanent landscape maintenance program shall
be implemented ensuring regular irrigation, fertilization, and weed
removal. All landscaping shall be maintained in a healthy, neat and
orderly condition, free of weeds and debris and with operating irrigation
at all times.
A. This approval is for the site plan, elevations, exterior materials, and
conceptual landscape plans for an exterior fagade remodel and 799
square -foot lobby area addition to an existing professional office building
at 660 N. Diamond Bar Boulevard, as described in the staff report and
depicted on the approved plans on file with the Planning Division, subject
to the conditions in this Resolution.
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Planning Commission Resolution No 2013-30
B. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the
Planning Commission as modified pursuant to the conditions below. If
the plan check submittal is not in Substantial compliance with the
approved Development Review submittal, the plans may require further
staff review and re -notification of the surrounding property owners, which
may delay the project and entail additional fees.
C. All existing landscaping and public improvements damaged during
construction shall be repaired or replaced upon project completion.
D. The existing wall sign located on the front of the building shall be
removed when the tenant no longer occupies the space within the
building.
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:
Peichin Lee, Diamond Bar Investment" LLC, 17528 E. Rowland Street
#200, City of Industry, CA 91748.
APPROVED AND ADOPTED THIS 19TH
DAY OF DECEMBER 2013, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Frank Farago, Vice Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby cert ify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a special meeting of the Planning Commission held on the 19th day of
December 2013, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
Dhingra, Shah, VC/Farago
None
None
Lin
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DR PL2013-282
SUBJECT: A Development Review for exterior facade remodel and
799 sa. ft. lobby area addition to an existing 25,864 sq. ft.
two story professional office building
PROPERTY OWNER/ Peichin Lee of Diamond Bar Investments LLC,
APPLICANT: 17528 E. Rowland St. #200, City of Industry,
CA 91748
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul the approval of Development Review Planning Case No. PL.2013-282
brought within the time period provided by Government Code Section 66499.37.
In the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
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DR PL2013-282
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Development Review Planning Case No. PL 2013-282 at the
City of Diamond Bar Community Development Department, their affidavit
stating that they are aware of and agree to accept all the conditions of this
approval. Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License, and zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of City Council Resolution, Standard Conditions, and all
environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all partied involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. All site, grading, landscape, irrigation plans shall be coordinated for consistency
proper to issuance of City permits (such as grading, tree removal,
encroachment, building, etc.) or approved use has commenced, whichever
comes first.
6. Revised plans incorporating all Conditions of Approval shall be submitted for
Planning Division review and approval during plan check.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
8. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable Federal, State, or City
regulations.
9. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
M Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
11. The applicant shall comply with the requirements of Planning and Building and
Safety Divisions, Public Works/Engineering Department, and the Los Angeles
County Fire Department.
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12. These conditions of approval shall run with the land and shall be binding upon
all future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed as a
condition of this approval, shall constitute a violation of the City's Development
Code. Violations may be enforced in accordance with the provisions of the
Development Code.
13. To ensure compliance with the provisions of the City Council design approval, a
final inspection is required from the Planning Division when work for any phase
of the project has been completed. The applicant shall inform the Planning
Division and schedule an appointment for such an inspection.
14. Failure to comply with any of the conditions set forth herein or as subsequently
amended in writing by the City, may result in failure to obtain a building final
and/or a certificate of occupancy until full compliance is reached. The City's
requirement for full compliance may require minor corrections and/or complete
demolition of a non-compliance improvement, regardless of costs incurred
where the project does not comply with design requirements and approvals that
the applicant agreed to when permits were pulled to construct the project.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building permits, as
required by the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to final map approval.
2. Prior to final map approval, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The approval of the Development Review shall expire within two (2) years from
the date of approval if the use has not been exercised as defined per Diamond
Bar Municipal Code (DBMC) Section 22.66.050(b)(1). The applicant may
request in writing a one year time extension subject to DBMC
Section 22.66.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
City Council, on file with the Planning Division, the conditions contained herein,
and the Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc., shall be located out of public view and adequately screened
Planning Commission Resolution No. 2013-30
through the use of a combination of concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the Planning Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
5. No occupancy permit can be granted, until all improvements required by this
approval have been properly constructed, inspected, and approved.
6. Prior to issuance of a building permit, the location, size, and screening of all
building utility service connections, including water, gas, and electric service,
fire service, and irrigation connections shall be approved by the Community
Development Director. All changes to building utility connections shall be
approved by the Community Development Director prior to construction.
Building utility connections shall be located, sized and screened in such a
manner that they have the least possible impact on the design of the building
and site. The architect of record shall be directly involved in the design and
placement of all site and building service connections and shall sign all plans
submitted to the City which locate, size and/or screen utility connections.
7. Additional plant materials may be required by the Community Development
Director and shall be planted prior to final occupancy in order to screen utility
connections, valves, backflow devices, and all above ground appurtenances,
etc., to the satisfaction of the Community Development Director. This
determination shall be made in the field after all screen utility connections,
valves, backflow devices, and all above ground appurtenances, etc. have been
installed and inspected.
1. 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
approved herein. The removal of all trash, debris, and refLise, whether during
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized by
the City to provide collection, transportation, and disposal of solid waste from
residential, commercial, construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
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1:2*91411191711 HIMIX001 DO I I Lei 0
Prior to Building Permit issuance, an Erosion Control Plan shall be submitted
concurrently with the drainage plan clearly detailing erosion control measures
for review and approval. These measures shall be implemented during
construction. The erosion control plan shall conform to National Pollutant
Discharge Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP's) as specified in the Storm
Water BMP Certification.
2. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to between
the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust
generated by grading and construction activities shall be reduced by watering
the soil prior to and during the activities and in accordance with South Coast Air
Quality Management District Rule 402 and Rule 403. Reclaimed water shall be
used whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS (Not Required)
C. DRAINAGE
Detailed drainage system information of the lot shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the
natural drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
D. OFF-SITE STREET IMPROVEMENTS (Not Required)
E. UTILITES (Not Required)
F. SEWERS/SEPTIC TANK (Not Required)
G. TRAFFIC MITIGATIONS (Not Required)
L:9UN
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Planning Commission Resolution No, 2013-30