Resolution 2024-27 Page 18
DPRB 21-002, Tree Removal Permit 21-0004 and Lot Merger 21-0001 May 14, 2024
monitor/archaeologist shall implement a plan for the treatment and disposition of any discovered TCRs based on the nature of the resource and considering the recommendations of the tribe(s). Implementation of proposed recommendations will be made based on the determination of the City that the approach is reasonable and feasible. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose, the Tribe deems appropriate, including for educational, cultural, and/or historic purposes.
87. TRIBAL CULTURAL RESOURCES - MM TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects:
i. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. ii. If Native American human remains and/or grave goods are discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.
iii. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).
iv. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) v. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
vi. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
Resolution 2024-27 Page 19
DPRB 21-002, Tree Removal Permit 21-0004 and Lot Merger 21-0001 May 14, 2024
88. TRIBAL CULTURAL RESOURCES - MM TCR -3: Procedures for Burials and Funerary Remains:
i. As the Most Likely Descendant ("MLD"), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. ii. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected.
If the project cannot be diverted, it may be determined that burials will be removed. iii. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. Construction activities may continue in other areas outside of the designated protection zone, which shall be delineated with cones, flagging, or fencing.
iv. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects, and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.
v. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the applicant, the City, the South Central Coastal Information Center, the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.
89. TRIBAL CULTURAL RESOURCES - MM TCR-4: Prior to the commencement of any grounddisturbing activity at the project site, the project applicant shall retain a Native American Monitor from a local culturally-affiliated Gabrielino (Tongva) tribe. A copy of the executed contract shall be submitted to the City of San Dimas Planning Division prior to the issuance of any permit necessary to commence a ground-disturbing activity.
Resolution 2024-27 Page 20
DPRB 21-002, Tree Removal Permit 21-0004 and Lot Merger 21-0001 May 14, 2024
90. TRIBAL CULTURAL RESOURCES - MM TCR-5: The Tribal monitor shall only be present on-site during the construction phases that involve ground-disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground-disturbing activities on the Project Site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources.
91. TRIBAL CULTURAL RESOURCES -MM TCR-6: Upon discovery of a Tribal Cultural Resource, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 60 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the qualified archaeologist and Tribal monitor as described in MM TCR-4. If the resources are Native American in origin, the monitoring Tribe may retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural, and/or historic purposes.
92. TRIBAL CULTURAL RESOURCES -MM TCR-7: If human remains are encountered during excavations associated with this project, all work shall stop within a 60-foot radius of the discovery, and the Los Angeles County Coroner will be notified (§ 5097.98 of the Public Resources Code). The Coroner will determine whether the remains are of recent human origin or older Native American ancestry. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, they will contact the NAHC. The NAHC will be responsible for designating the Most Likely Descendant (MLD). The MLDS (either an individual or sometimes a committee) will be responsible for the ultimate disposition of the remains, as required by § 7050.5 of the California Health and Safety Code. The MLD will make recommendations within 24 hours of their notification by the NAHC. These recommendations may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (§ 7050.5 of the Health and Safety Code).
End of Conditions
ATTACHMENT 4
Agenda Item Staff Report
To: Honorable Chair and Members of Planning Commission
For the Meeting of May 4, 2023
From: Henry Noh, Director of Community Development
Prepared by: Anne Nguyen, Associate Planner
Subject: CONSIDERATION OF THE FOLLOWING RELATED APPLICATIONS WITH A
MITIGATED NEGATIVE DECLARATION FOR THE DEVELOPMENT OF A 63,749 SQUARE FOOT WAREHOUSE/OFFICE MULTI-TENANT BUILDING ON A 2.58-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF
CATARACT AVENUE AND ALLEN AVENUE (309 W. ALLEN AVENUE, 917 N. CATARACT AVENUE, AND 929 N. CATARACT AVENUE) APN’S 8392- 016-008, -048, AND -047.
The proposed project includes:
Zone Change No. 21-0001 – A request to change the zoning land use classification from Light Agriculture (AL) to Light Manufacturing (M-1).
Lot Merger 21-0001 – A request to consolidate three (3) contiguous lots together.
DPRB Case No. 21-0002 – A request for development of a 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building.
Tree Removal Permit No. 21-0004 – A request to remove 17 mature trees in conjunction with the project.
Initial Study/Mitigated Negative Declaration – An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to assess the environmental impacts of the proposed project.
____________________________________________________________________________
SUMMARY
Ignacio Cresco, OC Design & Engineering, on behalf of Allen Industrial Investors LLC, is requesting approval of a Zone Change to change the zoning land use designation from Light Agriculture (AL) to Light Manufacturing (M-1), a Lot Merger to consolidate three (3) contiguous lots, a Development Plan Review Board application for a 63,749 square-foot concrete tilt-up ATTACHMENT 5
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 2 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
warehouse/office multi-tenant building, and a Tree Removal Permit to remove 17 mature trees in conjunction with the project located on a 2.58 acre site located at the northwest corner of Allen Avenue and Cataract Avenue.
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration (IS/MND) was prepared to assess the environmental impacts of the proposed project. The IS/MND was circulated for public review from March 7, 2023 through March 27, 2023.
On March 23, 2023, the Development Plan Review Board recommended approval of DPRB 21-0002, and TRP 21-0004 to the Planning Commission.
RECOMMENDATION
Staff and the Development Plan Review Board recommend that the Planning Commission:
1. Adopt Resolution PC-1667, recommending approval of DPRB 21-0002 and TRP 21-0004 to the City Council.
Staff recommends that the Planning Commission:
1. Adopt Resolution PC-1665, recommending approval of the Mitigated Negative Declaration to the City Council.
2. Adopt Resolution PC-1666, recommending approval of Zone Change 21-0001 to the City Council.
3. Adopt Resolution PC-1667, recommending approval of the Lot Merger 21-0001 to the City Council.
FISCAL IMPACT
There is no fiscal impact for the recommended action. All costs associated with the cost to prepare the Initial Study/Mitigated Negative Declaration (IS/MND) for the project were borne by the Applicant.
BACKGROUND
On November 24, 2020, City Council authorized the initiation of a Zone Change from Light Agriculture (A-L) to Light Manufacturing (M-1) to allow the Applicant, Ignacio Crespo, O.C.
Engineering & Design, on behalf of the property owner, Allen Industrial Investors LLC to submit entitlement applications to develop a 2.58-acre site comprised of three (3) contiguous parcels that are currently developed with nine (9) single-family homes into a warehouse building.
On January 25, 2021, the Applicant submitted the following applications for the development of the warehouse project:
• Zone Change No. 21-0001 – A request to change the zoning land use classification from Light Agriculture (AL) to Light Manufacturing (M-1).
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 3 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
• Lot Merger 21-0001 – A request to consolidate three (3) contiguous lots together. • DPRB Case No. 21-0002 – A request for development of a 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building.
• Tree Removal Permit No. 21-0004 – A request to remove 17 mature trees in conjunction with the project.
To comply with requirements of the California Environmental Quality Act (CEQA), on March 31, 2021, Staff released a Request for Proposals seeking proposals from environmental consulting firms to prepare the Initial Study/Mitigated Negative Declaration (IS/MND) for the project. The consulting firm, UltraSystems Environmental was selected and the IS/MND (Exhibit A to Attachment 1) was circulated for public review from March 7 through March 27, 2023. Additional information is provided on the IS/MND later in the report.
The 2.58-acre subject site consists of three (3) contiguous lots, which will be merged as part of the development process, and was developed with nine (9) vacant single-family residences (See Figure 1). Photos of the subject site and the existing structures are provided in Attachment 5.
Typically, existing structures are not demolished until after the project has received all approvals and building permits have been issued. However, since the homes were vacant, there was several issues related to people occupying the vacant structures that resulted in several responses by the Sheriff’s Department. Therefore, a demolition permit was issued on March 13, 2023 to address the health and safety issues and concerns that have resulted from the structures being vacant.
No other activity, including removal of trees, will occur until after the project has been approved and all permits have been issued.
The project went before the Development Plan Review Board on March 23, 2023. The applications that were under the purview of the Development Plan Review Board (DPRB) included the DPRB application for the design and construction of the new warehouse building, and the Figure 1 – Aerial Map
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 4 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
Tree Removal application to remove 17 mature trees. The project as a whole, which include the aforementioned applications and the Zone Change, Lot Merger application, and the Initial Study/Mitigated Negative Declaration is being considered by the Planning Commission and will be brought to the City Council at a future meeting. The Board recommended approval of DPRB 21-0002, and TRP 21-0004 to the Planning Commission on March 23, 2023 (Attachment 8).
DISCUSSION/ANALYSIS
Zone Change and Lot Merger
The Applicant is requesting approval of a Zone Change from the existing zoning of Light Agriculture (A-L) to Light Manufacturing (M-1). The proposed Zone Change consists of three (3) contiguous parcels all of which are owned by the current property owner. The Applicant is also requesting approval of a Lot Merger to consolidate the three (3) contiguous lots together in order to complete the project. The proposed 2.58 acre lot will meet the minimum lot size requirement of 10,000 square feet and the minimum lot dept of 100 feet as required by the proposed M-1 Zone.
The Zoning and General Plan designations for the site and surrounding areas are shown in the following maps (Figure 2) and Table 1 below.
Figure 2 – General Plan / Zoning Maps
General Plan Map (No Change Proposed)
Subject Site
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 5 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
Table 1
Use Zoning General Plan
Subject Site Single-family residential AL Industrial
North Light industrial building M-1 Industrial
South Single-family residential SF-A8,000 Single-Family Low East Light industrial building M-1 Industrial
West Light industrial building M-1 Industrial
The site is surrounded by developed single-family residences to the south and developed light industrial buildings to the north, east, and west. Photos of the subject site can be found in Attachment 5. The proposed zone change will bring the site into compliance with the General Plan Land Use designation of Industrial and will integrate the parcel to the surrounding industrial zoning thereby making it consistent with the adjacent buildings and uses.
The existing AL land use classification allows for one single-family residential unit per lot. The subject lots are considered to be non-conforming lots due to the fact that they were developed with nine (9) single-family residences; six (6) more than what is currently allowed in the AL zone.
By changing the current zone of AL to M-1, which does not allow residential uses, there will be a net loss of three (3) residential units in the City. Pursuant to Government Code Section 66300, as amended by Senate Bill (SB) 8 in 2021, the zone change from AL to M-1 cannot occur unless another property is rezoned to increase the residential density in the City by at least three (3) units, one per parcel that were allowed under the AL zoning. Furthermore, the final action to approve the rezoning must occur concurrently at the same meeting of the legislative body; in this case, the City Council. The Commission can recommend approval to the City Council of the zone change for the project before them, but the City Council will need to consider another property to upzone residential density at the same meeting. Staff is processing an application for a sevenunit residential subdivision which meets the no net loss criteria. Once the project is ready, it will be presented to the Commission for consideration, and subsequently to the City Council.
Site Description/Improvements
The proposed building will be located at the southeast corner of the site, and a new drive aisle with parking will wrap around the building along the west and north property lines and will be accessed from Allen Avenue and Cataract Street. A truck loading dock will be located along the west elevation of the building and will service both proposed units within the new warehouse building, and a trash enclosure will also be constructed adjacent to the drive aisle along the west property line. A new ten-foot high concrete tilt up screen wall to match the building finish, and an eight-foot high wrought iron sliding gate will be installed at two (2) locations to secure the parking lot. The first one will be located approximately 86 feet north of the Allen Avenue driveway entrance, and the second one will be located in approximately 253 feet west of the Cataract Avenue driveway entrance. There is an existing masonry wall that is shared with the adjacent lots to the west (327 W. Allen Avenue) and north (949 N. Cataract Avenue); therefore, no new perimeter walls will be incorporated into the project. The existing walls will be required to be finished to match the proposed building finish. All site lighting will be required to install fixtures that direct light downward and does not spillover onto adjacent properties. In addition, as part of
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 6 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
the project, the Applicant will be required to install a new sidewalk along their Cataract Avenue frontage, and will be required to underground all existing overhead utility lines that are located along the project frontages.
The project requires a total of 54 parking spaces and four (4) motorcycle spaces, and the project is proposing 56 parking spaces and four (4) motorcycle spaces in compliance with the Code requirement. As previously mentioned, the project will be accessed via two (2) driveways located on Allen Avenue and Cataract Avenue. In an effort to reduce impacts to Allen Avenue, Condition of approval No. 72 has been included to require that truck ingress be limited to the Cataract Avenue driveway and that the Applicant also install signing and striping improvements to prevent truck ingress from Allen Avenue. Lastly, the project will provide a bicycle rack near the entrance to each unit, which each rack securing up to five (5) bicycles.
New landscaping, including replacement trees discussed later in the report will be installed throughout the site. A conceptual landscaping has been provided for the development (Attachment 6). New landscaped areas subject to compliance with the City’s Model Water Efficient Landscape Ordinance (MWELO) will also be incorporated as part of the overall site improvements. The Board may wish to note that the conceptual landscaping plan is likely to be affected by the manner in which Low Impact Development (LID) compliance is reached for water retention and treatment.
Tree Removal
There are a total of 25 trees on site, of which 23 are proposed for removal, per the Tree Removal Plan (Figure 3), as their continued existence would prevent the reasonable development of the subject site. Of the 23 trees proposed for removal, 17 are considered mature trees per the City’s Tree Preservation Ordinance. Under the San Dimas Municipal Code Section 18.162.020, a mature tree is defined as any Oak tree measuring eight (8) inches or more in trunk diameter, and/or any other species of tree that measures ten (10) inches or more in diameter, and any multitrunk tree having a total circumference of 38 inches or more, with at least one (1) trunk having a minimum diameter of four (4) inches. The diameter must be measured at a point three (3) feet above the ground at the base of the tree. The 17 mature trees that will be removed consist of one (1) Bishop Pine, 12 California Pepper, three (3) White Ash, and one (1) Carrotwood. One Mexican Fan palm tree will be removed; however, since it’s not a canopy/shade tree, it doesn’t require a replacement tree.
The City’s Tree Preservation Ordinance also requires a two (2) for one (1) replacement with minimum 15-gallon box tree(s), or other replacement of equivalent value and size, be replanted within the subject property. For the removal of 17 mature trees, the Applicant will be required to replant 34 trees in compliance with the Code. The conceptual landscape plan (Attachment 6) includes a total of 40 replacement trees, which will include the 34 required replacement trees.
The proposed trees are each 24-inch box trees comprised of fifteen (15) Brisbane box, six (6) Forest Pansy Redbud, ten (10) Australian Willow, and nine (9) Canary Island Pine. The landscape plan will be required to identify which are the replacement trees.
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 7 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
Figure 3 - Tree Removal Plan
Building Design
The proposed 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building will consist of two units within one (1) building. Unit 1 will be 24,193 square feet in floor area with a 2,000 square foot mezzanine, and Unit 2 will be 35,556 square feet in floor area with a 2,000 square foot mezzanine. Each unit will include a 1,000 square foot office area included within the aforementioned floor areas. The building will have varying heights, including tower-like elements at various locations to break up the massing, and will have a total height of 41 feet. The design of the building incorporates various architectural elements to help break up the building mass and elevations, which includes the following (Figures 2 & 3 and Attachments 6 & 7):
• 18-inch decorative cornice and raised parapet walls
• Stainless steel wall trellis beneath recessed archways • Pineapple grove inset medallions above glazed archways • Dark bronze colored mullions for aluminum storefront windows and doors • Decorative downspouts
• Decorative steel canopy over entrance doors/corner towers W. Allen Avenue
N. Cataract Avenue.
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 8 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
• 4-foot high base molding with smooth finish coating
• Two accent colors for the concrete tilt-up panels; Dunn Edwards “Smoky Mountain” and “Dark Engine”
Figure 2 – South Elevation at Allen Avenue.
Figure 3 – East Elevation at Cataract Street.
The building design is comparable to other existing light manufacturing buildings located within the same area along Allen Avenue. Therefore, the proposed concrete tilt-up warehouse/office building is not out of character with the existing neighborhood.
Development Standards
The proposal will be constructed to comply with the development standards of the proposed M-1 zone, including setbacks, height, etc. as follows:
Code Requirement Proposed
Front Yard Setback 25’-0” 25’-0”
East Side Yard Setback 10’-0” 20’-0”
Rear Yard Setback None 52’-0”
West Side Yard Setback None 47’-0”
Minimum Lot Depth 100’-0” 375’-0”
Building Height Conform to height limits of CBC 41’-0”
Parking 54 stalls + 4 motorcycle stalls 56 stalls + 4 motorcycle stalls Driveway Width 40’-0” 40’-0”
Lot Coverage N/A
ENVIRONMENTAL REVIEW
The proposed Zone Change and associated discretionary actions is considered a “Project” pursuant to the California Environmental Quality act (Public Resources Code Section 21000 et seg.) “CEQA;” therefore, an Initial Study (IS) was prepared to determine possible environmental impacts. On the basis of the IS, which indicated that all potential environmental impacts from the Project were less than significant or could be mitigated to a level of insignificance, a Mitigated Negative Declaration (MND) was prepared pursuant to CEQA Guidelines (Exhibit A to Attachment 1). Furthermore, to ensure that the mitigation measures are implemented, a Mitigation Monitoring
IS/MND, ZC 21-0001, LM 21-0001, DPRB 21-0002, TRP 21-0004 Page 9 309 W. Allen Avenue, 917 N. Cataract Avenue, & 929 N. Cataract Avenue For the Meeting of May 4, 2023
and Reporting Program (Attachment 4) has been prepared for the project pursuant to CEQA Guidelines Section 15097, which specifies responsible departments/parties, monitoring frequency, timing and method of verification and possible sanctions for non-compliance with mitigation measures.
As previously mentioned, the IS/MND was prepared by UltraSystems Environmental to assess the environmental impacts of the proposed project. The IS/MND was circulated for comments and public review from March 7 through March 27, 2023. The IS/MND was made available on the City’s website and at the Planning Counter for public review. In addition, a Notice of Intent to adopt a Mitigated Negative Declaration was posted at the Los Angeles County Clerk’s office and the City posting boards and Website. Only two comments were received during the public review period. One was from a resident located on the south side of Allen Avenue, and had concerns with traffic congestion, and loss of street parking if employees and customers parked on the south side of Allen Avenue. The second comment was from the Yuhaaviatam of San Manual Nation tribe informing the City that the project is located outside of their territory and would not be requesting to receive consulting party status for the project. While both comments were outside of the CEQA purview, a Response to Comments was prepared for both comments (Exhibit B to Attachment 1).
Respectfully submitted,
Anne Nguyen
Associate Planner
Attachments:
1. Resolution PC-1665
2. Resolution PC-1666
3. Resolution PC-1667
4. Mitigation Monitoring and Reporting Program
5. Subject Site Photos
6. Project Plans
7. Material Board
8. March 23, 2023 DPRB Staff Report & Draft Minutes
RESOLUTION PC-1665
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN
DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING TO THE CITY
COUNCIL ADOPTION OF THE MITIGATED NEGATIVE DECLARATION
AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR ZONE CHANGE 21-0001, LOT MERGER 21-0001, DPRB CASE NO. 21-0002, AND TREE REMOVAL PERMIT NO. 21-0004 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED.
WHEREAS, On January 25, 2021, Ignacio Crespo submitted applications for a Zone Change, Lot Merger, Development Plan Review Board Case, and a Tree Removal Permit to facilitate the development of a new concrete tilt-up warehouse/office multi-tenant building; and WHEREAS, the Project affects those certain properties generally described as:
309 W. Allen Avenue, 917 N. Cataract Avenue, and 929 N. Cataract Avenue (APN’S 8392-016—008, -048, AND -047); and
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a Draft Mitigated Negative Declaration was prepared in accordance with CEQA Guidelines to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on March 7, 2023 through March 27, 2023 and was also made available for review on the City’s website at www.sandimasca.gov. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division at 245 E. Bonita Avenue, San Dimas, California; and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 157072(b) of the CEQA Guidelines, (b) individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Los Angeles pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, The Director of Community Development caused a notice of date, hour and place for a public hearing on the Proposed Project before the Planning Commission to be published in the Inland Valley Daily Bulletin on April 14, 2023 and mailed to all property owners within 300 feet; and
WHEREAS, on May 4, 2023, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law to consider the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program to hear and consider
RESOLUTION PC-1665 Page 2
evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission has carefully and independently reviewed and considered all of the evidence presented with respect to the draft Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including, but not limited to, the staff reports, studies, and all written and oral testimony presented; and WHEREAS, failure to adopt Resolution PC-1665 constitutes a denial for the Proposed Project as all other associated applications cannot be approved without the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, in consideration of the evidence received at its hearing on May 4, 2023, and for the reasons discussed by the Commissioners at the hearing, and subject to the Conditions attached as “Exhibit A”, the Planning Commission now finds as follows:
A. The above recitals are true and correct and are incorporated herein by this reference.
B. All actions required to be taken by applicable law related to the preparation circulation, and review of the MND have been taken.
C. A Mitigated Negative Declaration has been prepared consisting of the Initial Study, all comments and recommendations received during the public review period, and a Mitigation Monitoring and Reporting Program. The MND was posted on the City’s website at www.sandimasca.gov on March 7, 2023. On the basis of the Initial Study prepared for the Proposed Project, it has been determined that the Proposed Project may have a potential significant effect on the environment which, however, will be mitigated to a level that is less than significant and therefore, a Mitigated Negative Declaration was circulated for a period of not less than 20 days pursuant to State CEQA Guidelines Section 15105(b). Therefore, the Planning Commission recommends to the City Council that it adopt the Mitigated Negative Declaration as adequate to assess the environmental impacts of the Proposed Project, based on the findings contained herein and in the Mitigated Negative Declaration, and find, on the basis of the whole record that there is no substantial evidence that the Proposed Project will have a significant effect on the environment and that the recommendation for approval of the Mitigated Negative Declaration reflects the City of San Dimas Planning Commission’s independent judgment and analysis.
C. The Planning Commission further recommends the City Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (attached hereto as Exhibit A), as this Proposed Project would not result in any significant, adverse environmental impacts with the mitigation imposed. The full record is available for review in the Planning Division.
NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that:
SECTION 1. The Initial Study/Mitigated Negative Declaration is adequate to assess the environmental impacts of the Proposed Project, based on the findings contained herein and in the Mitigated Negative Declaration, and, on the basis of the whole record, there is no substantial evidence that the Proposed Project will have a significant effect on the environment.
RESOLUTION PC-1666
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONE CHANGE 21-0001, A REQUEST
TO CHANGE THE ZONE FROM LIGHT AGRICULTURE (AL) TO LIGHT MANUFACTURING (M-1) FOR THE PROPERTIES LOCATED AT 309 W.
ALLEN AVENUE, 917 N. CATARACT AVENUE, AND 929 N. CATARACT AVENUE (APN’S: 8392-016-008, -048, 047).
WHEREAS, a Zone Change has been duly initiated by:
Ignacio Crespo
OC Design & Engineering
7901 Crossway Drive
Pico Rivera, CA 90660
WHEREAS, the Zone Change is described as a request to change the zone from Light Agriculture (AL) to Light Manufacturing (M-1); and WHEREAS, the Zone Change would affect the following real properties located at 309 W. Allen Avenue, 917 N. Cataract Avenue, and 929 N. Cataract Avenue (APN’S:
8392-016-008, -048, 047); and
WHEREAS, the Zone Change implements the policies of the General Plan by providing an orderly, functional, and compatible land use pattern; and WHEREAS, the proposed Zone Change is requested to allow the development of a 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building and will provide consistency between the General Plan and Zoning Map, and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, a Draft Mitigated Negative Declaration was prepared in accordance with CEQA Guidelines to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public review on March 7, through March 27, 2023 and was also made available for review on the City’s website at www.sandimasca.gov. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division at 245 E. Bonita Avenue, San Dimas, California; and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and
RESOLUTION PC-1666 Page 2
other agencies with jurisdiction over resources that will affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Los Angeles pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, certified notice was duly given to the Native American tribes pursuant to California Government Code Section 65352.3. Staff contacted the California Native American Heritage Commission to extend an invitation to consult on the project. Staff received letters from the Gabrieleno Band of Mission Indians – Kizh Nation requesting consultation on the project to avoid unnecessary destruction of cultural and biological resources; and
WHEREAS, on May 4, 2023, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith; and
NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Commissioners at the hearing, the Planning Commission now finds as follows:
A. The proposed Zone Change will not adversely affect adjoining property as to value, precedent or be detrimental to the area.
The Zone Change will allow the development of a 63,749 square-foot concrete tiltup warehouse/office multi-tenant building, which will be consistent with the existing light industrial buildings surrounding the project area. The surrounding zoning to the north, east, and west is currently Light Manufacturing (M-1). Additionally, the Zone Change is required Pursuant to Government Code Section 65860 to provide consistency between the zoning and General Plan Land Use designation.
Therefore, the Zone Change will not adversely affect adjoining property as to value, precedent or be detrimental to the area.
B. The proposed Zone Change will further the public health, safety and general welfare.
The Zone Change will allow the development of a 63,749 square-foot concrete tiltup warehouse/office multi-tenant building being proposed in conjunction with this request. The affected parcels were occupied by nine (9) single-family residences.
The Zone Change will facilitate the development of a new warehouse/office building, which will provide additional job opportunities for current residents. The new development will include new infrastructure throughout the project area to include, but not limited to, storm drain and sewer, and off-site improvements such as new sidewalks and the removal of several overhead utility lines. Therefore, the Zone Change will improve the overall area and will further the public health, safety and general welfare.
C. The proposed Zone Change is consistent with the General Plan.
The proposed zone change from Light Agriculture (AL) to Light Manufacturing (M1) will provide consistency between the zoning and General Plan Land Use
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Exhibit A
RESOLUTION PC-1667
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN DIMAS, COUNTY OF LOS ANGELES, APPROVING LOT MERGER
21-0001, DEVELOPMENT PLAN REVIEW BOARD CASE NUMBER 21-
0002, AND TREE REMOVAL PERMIT NUMBER 21-0004 FOR THE
DEVELOPMENT OF A 63,749 SQUARE-FOOT CONCRETE TILT-UP
WAREHOUSE/OFFICE MULTI-TENANT BUILDING FOR THE
PROPERTIES LOCATED AT 309 W. ALLEN AVENUE, 917 N.
CATARACT AVENUE, AND 929 N. CATARACT AVENUE (APN’S: 8392- 016-008, -048, 047).
WHEREAS, applications were filed for Lot Merger 21-0001, DPRB Case No. 21- 0002, and Tree Removal Permit 21-0004 by:
Ignacio Crespo
OC Design & Engineering
7901 Crossway Drive
Pico Rivera, CA 90660
WHEREAS, the Lot Merger, DPRB, and TRP is described as:
A request to consolidate three (3) contiguous lots together for the development of a 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building, and remove 17 mature trees in conjunction with the project.
WHEREAS, the Lot Merger, DPRB, and Tree Removal Permit applies to the following described real property:
309 W. ALLEN AVENUE, APN 8392-016-008
917 N. CATARACT AVENUE, APN 8392-016-048
929 N. CATARACT AVENUE, APN 8392-016-047
WHEREAS, On March 23, 2023, the Development Plan Review Board, at a regularly held and noticed meeting, heard evidence and recommended approval of Development Plan Review Board Case No. 21-0002 and Tree Removal Permit 21-0004 to the Planning Commission; and
WHEREAS, the review and approval of Lot Merger 21-0001 was not under the purview of the Development Plan Review Board, and will be considered along with Development Plan Review Board Case No. 21-0002 and Tree Removal Permit 21-0004 by the Planning Commission as part of the overall development; and WHEREAS, the Planning Commission has received the report and recommendation of such agencies as have submitted information including the written report and recommendation of Staff; and
WHEREAS, notice was duly given of the public hearing on the matter and that public hearing was held on May 4, 2023, at the hour of 7:00 p.m., with all testimony received being made a part of the public record; and
RESOLUTION PC-1667 Page 2
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, a Draft Mitigated Negative Declaration was prepared in accordance with CEQA Guidelines to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public review on March 7, through March 27, 2023 and was also made available for review on the City’s website at www.sandimasca.gov. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning Division at 245 E. Bonita Avenue, San Dimas, California; and
NOW, THEREFORE, in consideration of the evidence received at the hearing, and for the reasons discussed by the Commissioners at the hearing, and subject to the Conditions attached as “Exhibit A”, the Planning Commission now finds as follows:
Development Plan Review Findings
A. The development of the site in accordance with the development plan is suitable for the use or development intended.
The proposed development consists of a 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building, which will require a zone change, lot merger, removal of 17 mature trees, and approval of a development plan for site plan layout and architectural review of the new warehouse building. The proposed building will be located at the southeast corner of the site, and a new drive aisle with parking will wrap around the building along the west and north property lines and will be accessed from Allen Avenue and Cataract Street. A truck loading dock will be located along the west elevation of the building and will service both proposed units within the new warehouse building, and a trash enclosure will also be constructed adjacent to the drive aisle along the west property line. The building will have varying heights, including tower-like elements at various locations to break up the massing, and will have a total height of 41 feet. The design of the building incorporates various architectural elements to help break up the building mass and elevations. New landscaping, including replacement trees will be installed throughout the site. Therefore, the proposed project will be constructed in a manner that will be compatible with adjacent light manufacturing buildings, in compliance with the development standards of the proposed M-1 zone, subject to the conditions of approval.
B. The total development is so arranged as to avoid traffic congestion, ensure the public health, safety and general welfare, prevent adverse effects on neighboring property.
The subject site is located within an established light manufacturing and warehousing corridor with similar developments. The building design is comparable to other existing light manufacturing buildings located within the same
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area along Allen Avenue. Therefore, the proposed concrete tilt-up warehouse/office building is not out of character with the existing neighborhood.
The project requires a total of 54 parking spaces and four (4) motorcycle spaces, and the project is proposing 56 parking spaces and four (4) motorcycle spaces in compliance with the Code requirement. The project will be accessed via two (2) driveways located on Allen Avenue and Cataract Avenue. In an effort to reduce impacts to Allen Avenue, Condition of approval No. 69 has been included to require that truck ingress be limited to the Cataract Avenue driveway and that the Applicant also install signing and striping improvements to prevent truck ingress from Allen Avenue. A Mitigation Monitoring and Reporting Program will also be carried out throughout the duration of the project’s construction to ensure that environmental impacts associated with the project are mitigated to less than significant in accordance with CEQA Guidelines. Therefore, the project will comply with the development standards of the proposed M-1 zone to the extent physically possible and the Applicant’s use of high-quality materials for the new building design will be done in a manner to ensure public health, general welfare, and prevent adverse effects on the neighboring properties.
C. The development is consistent with all elements of the general plan and is in compliance with all applicable provisions of the zoning code and other ordinances and regulations of the city.
As part of the project and in compliance with Government Code Section 65860 the subject site will be rezoned from Light Agriculture (AL) to Light Manufacturing (M1), which will provide consistency with the General Plan land use designation of Industrial. Therefore, the proposed project meets the intent of the General Plan land use designation of Industrial and will comply with all zoning standards of the proposed M-1 zone, including setbacks, height, etc. The proposed site improvements in conjunction with the development will enhance the existing streets and and will be consistent with all of the elements of the General Plan, M1 zone, and all other ordinances and regulations of the City, to the extent physically possible.
Tree Removal Findings
D. It is reasonable to remove the trees because the continued existence at the location prevents the reasonable development of the subject property.
The 17 trees proposed for removal would prevent the reasonable development of the subject property. The trees to be removed are located within or adjacent to the proposed building pad location, and within the proposed drive aisle which warrants their removal. As required by the City’s Tree Preservation ordinance, the Applicant will be required to plant 34 replacement trees. The conceptual landscape plan includes a total of 40 replacement trees, which will include the 34 required replacement tree.
NOW, THEREFORE, BE IT FURTHER RESOLVED, PURSUANT TO THE ABOVE FINDINGS, that the Planning Commission APPROVES Conditional Use Permit No. 23-0002 subject to compliance with the Conditions in “Exhibit A” attached hereto and incorporated herein, and that the decision shall be final unless a timely appeal is filed with the City Council. A copy of this Resolution shall be mailed to the Applicant/Property Owner.
RESOLUTION PC-1667 Page 5
EXHIBIT A
CONDITIONS OF APPROVAL
for
ZC 21-0001, LM 21-0001, DPRB CASE NO. 21-0002, AND TRP 21-0004 Associated Case No. ACCELA PROJ-21-0006
A request for a Zone Change from Light Agriculture to Light Manufacturing, a Lot Merger to consolidate 3 lots, a Tree Removal Permit to remove 25 mature trees, and a development of a new 63,749 square-foot concrete tilt-up warehouse/office multi-tenant building located at 309 W. Allen Avenue, 917 N. Cataract Avenue, and 929 N. Cataract Avenue (APN 8392-016-008, -048, and -047).
PLANNING DIVISION - (909) 394-6250
1. The Applicant/Developer shall agree to defend at his sole expense any action brought against the City, its agents, officers or employees because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers or employees for any Court costs and attorney’s fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition.
2. The Applicant/Developer shall be responsible for any City Attorney costs incurred by the City for the project, including, but not limited to, consultations, and the preparation and/or review of legal documents. The applicant shall deposit funds with the City to cover these costs in an amount to be determined by the City.
3. Copies of the signed DPRB Conditions of Approval shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.
4. The Applicant/Developer shall comply with all requirements of the (M-1) Light Manufacturing Zone.
5. All Conditions are final unless appealed to the City Council within 14 days of the issuance of the Conditions in accordance with the provisions of Chapter 18.212 of the San Dimas Zoning Code.
6. The building permits for this project must be issued within one year from the date of approval or the approval will become invalid. A time extension may be granted under the provisions set forth in Chapter 18.12.070 F.
7. The Applicant/Developer shall sign an affidavit accepting all Conditions and all Standard Conditions before issuance of building permits.
RESOLUTION PC-1667 Page 6
8. The Applicant/Developer shall comply with all City of San Dimas Business License requirements and shall provide a list of all contractors and subcontractors that are subject to business license requirements.
9. The Applicant/Developer shall comply with all Conditions of Approval as approved by the Development Plan Review Board on March 23, 2023.
10. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours during construction.
11. During grading and construction phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to local residents. A sign shall be posted at the project site with the contact phone number.
DESIGN
12. Building architecture and site plan shall be consistent with plans presented to the Development Plan Review Board on March 23, 2023 provided that the Director of Community Development is authorized to make revisions consistent with the San Dimas Municipal Code.
13. Plans for all exterior design features, including, but not limited to, doors, windows, mailboxes and architectural treatments, shall be submitted to the Planning Division for review and approval before issuance of building permits.
14. The lighting fixture design shall compliment the architectural program. Location and type of exterior lighting fixtures shall be submitted by the developer to the Planning Division for review and approval prior to installation.
15. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the Applicant/Developer shall be inconspicuously Iocated and screened, as approved by the Director of Community Development.
Location of this equipment shall be clearly noted on landscape construction documents.
16. All exterior building colors shall match the color and material board on file with the Planning Division. Any revision to the approved building colors shall be submitted to the Planning Division for review and approval.
17. The Applicant/Developer shall ensure that all doors exiting to the drive-aisle/fire lane comply with all applicable codes.
18. The Applicant/Developer shall install decorative, recessed-lighting or ground-mounted up-lighting on the recessed alcoves on the South and East elevations. Lighting fixture design shall be submitted to the Planning Division for review and approval.
19. All future tenants’ business operations, including but not limited to truck deliveries and hours of operation shall comply with the City’s noise ordinance.
LANDSCAPE
20. The Applicant/Developer shall submit to the Planning Division, prior to the issuance of building permits, detailed landscaping and automatic irrigation plans
RESOLUTION PC-1667 Page 7
prepared by a State registered Landscape Architect, in addition to a $2,500 deposit for review of the plans. Installation of new landscape is subject to the Model Water Efficient Landscape Ordinance (MWELO). Water efficient landscapes shall be implemented in all new and rehabilitated landscaping in single-family and multi-family projects, and in private development projects that require a grading permit, building permit or use permit, as required by Chapter 18.14 of the San Dimas Municipal Code.
21. All landscaping and automatic irrigation shall be installed and functional prior to occupancy of the building(s), in accordance with the plans approved by the Planning Division.
22. The Applicant/Developer shall show all proposed transformers on the landscape plan.
All transformers shall be screened with landscape treatment such as trellis work or block walls with climbing vines or City approved substitute.
TREE REMOVAL PERMIT NO. 21-0004
23. The approval of the Development Plan Review Board is for the removal of 17 mature trees to be replaced with 34 replacement trees a minimum size of 24-inch box. The replacement trees shall be identified on the landscape plan.
24. All replacement trees shall have a minimum height of eight (8) feet measured from finished grade to the top of the canopy, and a minimum canopy width of three (3) feet.
25. The Owner/Applicant shall request an inspection by Staff to demonstrate that all trees have been planted and all conditions of approval related to the tree installation/plantings have been met.
26. Arborists or tree removal companies and any contractors or subcontractors shall have a valid City business license prior to performing any work in the City.
27. All other trees not identified for removal shall be preserved in-place and/or pruned in accordance with San Dimas Municipal Code Section 18.162.100 and proper arboricultural practices. The two mature trees not proposed for removal shall be protected in place during construction. If the tree are damaged or removed, replacement trees may be required.
28. The Owner/Applicant shall comply with all requirements of the City’s Tree Preservation Ordinance.
29. All conditions are final unless appealed to the City Council within 14 days of the issuance of the Conditions in accordance with the provisions of Chapter 18.212 of the San Dimas Zoning Code.
BUILDING DIVISION – (909) 394-6260
30. The plans shall be prepared in compliance with the latest adopted edition of the codes as adopted by reference by the City of San Dimas: California Green Building
RESOLUTION PC-1667 Page 8
Standards Code, California Building Code, California Mechanical Code, California Plumbing Code, and California Electrical Code.
31. The Applicant/Developer shall comply with the latest California Title 24 Energy requirements for all new lighting, insulation, and mechanical equipment and submit calculations at time of initial plan review.
32. The Applicant/Developer shall submit to the Building Division of the City of San Dimas plans to be forwarded for review by the Los Angeles County Fire Department. Plans may include access, fire sprinklers, mechanical ventilation, and any other applicable items regulated under the Fire Code.
33. The Applicant/Developer shall comply with the latest disabled access regulations as found in Title 24 of the California Code of Regulations and the Americans with Disabilities Act. Accessible items shall include, but not be limited to parking, accessible pedestrian routes, public/common use areas, etc.
34. All plans are required to be stamped by a California Registered Engineer or Architect unless specifically exempted by Sections 5537-5538 of the California Business & Professions Code.
35. Construction calculations, including lateral analysis, shall be required at the time plans are submitted for plan check.
36. Mechanical, Electrical and Plumbing plans are required to be submitted at time of initial plan submittal. Electrical schematic and load list and plumbing (drainage, water, gas) schematics will be required before issuance of electrical or plumbing permits.
37. The Applicant/Developer shall submit a Rough Grading Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Development Services. The Grading Plan shall conform to Appendix J of the California Building Code and shall utilize City standard notes and layout.
38. Building foundation inspections shall not be performed until a rough grading certification, survey stakes in place, and a final soils report has been filed with the City and approved. All drainage facilities must be operable.
39. Prior to the inspection of the foundation, the Applicant/Developer shall submit a footing bottom compaction certification by a licensed soils tech.
40. Fees shall be paid to Bonita School District in compliance with Government Code Section 65995.
41. The Applicant/Developer shall contact the Los Angeles County Public Works Department, Environmental Program Division for any required permit or clearance of industrial and hazardous waste disposal.
42. The Applicant/Developer shall contact the Los Angeles County Sanitation District for potential fees associated with annexation, connection, or change of occupancy.
43. Prior to removing any existing structures on the property, the Applicant/Developer shall obtain clearance from SCAQMD and obtain a Demolition Permit from the Building & Safety Division.
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44. The Applicant/Developer shall submit an Electrical Distribution Plan for all proposed switchgear or transformers to the City for review as soon as possible.
45. Construction hours shall be limited to between 7:00 a.m. and 8:00 p.m., and shall be prohibited at any time on Sundays or public holidays, per San Dimas Municipal Code Section 8.36.100.
46. Phased occupancy shall not be granted until all improvements required as part of the approval have been completed in full for each phase, and approved or finalized by the appropriate department. A phasing plan shall be submitted for approval by the Director of Development Services prior to issuance of building permits.
ENGINEERING DIVISION – (909) 394-6240
47. Prior to the start of construction, a minimum five-foot (5’) high fence composed of chain link or other approved material including a dark green or black view obscuring screen, shall totally enclose the perimeter of the development when vacant, under construction, or under demolition, and said fence shall remain until occupancy is granted.
48. Trash/Recycling enclosure(s) shall be constructed by the Applicant/Developer per City of San Dimas standard plan and shown on the construction plans. The exact location of the trash/recycling enclosure(s) shall be approved by the Planning Division and the Trash Company.
49. The Applicant/Developer shall underground all new utilities, and utility drops, and shall underground all existing overhead utilities to the closest power pole outside of property lines on Allen Avenue and Cataract Avenue.
50. The Applicant/Developer shall submit a Precise Grading Plan for the proposed development to be reviewed and approved by the City Engineer and the Director of Development Services. Plans shall include utility locations, paving and striping plan.
51. Prior to the issuance of any grading or building permits, the Applicant/Developer shall submit an updated Engineering Geology/Soils Report that includes an accurate description of the geology of the site and conclusions and recommendations regarding the effect of the geologic conditions on the proposed development and include a discussion of the expansiveness of the soils and recommended measures for foundations and slabs on grade to resist volumetric changes of the soil. This report shall also include recommendations for surcharge setback requirements in the area of ungraded slopes steeper than five horizontal to one vertical.
52. The Applicant/Developer shall provide a signed copy of the City’s certification statement declaring that the contractor will comply with Minimum Best Management Practices (BMPs) required by the MS4 permit for Los Angeles County as mandated by the National Pollutant Discharge Elimination System (NPDES).
53. The Applicant/Developer shall install sanitary sewers to serve the entire development to the specifications of the City Engineer and Los Angeles County Sewer Maintenance.
54. The Applicant/Developer shall Contact the Los Angeles County Sanitation District for any required annexation, extension, or sewer trunk fee. Proof of payment/clearance is required before the City will issue any sewer permit.
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55. The Applicant/Developer shall provide drainage improvements to carry runoff of storm waters in the area proposed to be developed, and for contributory drainage from adjoining properties to be reviewed and approved by the City Engineer. The Applicant/Developer shall make a good faith effort to negotiate with the downstream property owner for all required downstream storm drain improvements. The proposed drainage improvements shall be based on a detailed Hydrology Study conforming to the current Los Angeles County methodology. The developed flows outletting into the existing downstream system(s) from this project cannot exceed the pre-existing storm flows.
56. The Applicant/Developer shall provide full street improvements on all streets within the limits of the development. Improvements to include curbs and gutters, sidewalks, and paving according to City standards, as shown in the following table:
Street Name
Curb & Gutter
A.C.
Pavement
Side-walk
Drive
Approach
Street Lights
Street Trees
Multi-use
Trail
Median Island
Bike Trail
Other
Cataract Avenue X X X X X X
Allen Avenue X X X X
Notes: Cold plane and AC overlay from edge of gutter to centerline on Allen Avenue
Reconstruct pavement section from edge of gutter to
centerline on Cataract Avenue
Remove all existing driveways and replace with curb & gutter and sidewalk
Upgrade curb ramp and cross gutter
Install sidewalk on Cataract Avenue
57. The Applicant/Developer shall install water and fire line improvements to the satisfaction of the City Engineer and Los Angeles County Fire Department.
58. Due to construction, the Applicant/Developer shall be responsible for any repairs within the limits of the development, including but not limited to streets and paving, curbs and gutters, sidewalks, and street lights as determined by the City Engineer and Public Works Director.
59. The Applicant/Developer shall obtain a Public Works permit for all work within or adjacent to the public right-of-way and shall be subject to review and approval of the Public Works Director and the work shall be in accordance with applicable standards of the City of San Dimas; i.e. Standard Specifications for Public Works Construction (Green Book) and the California Manual of Uniform Traffic Control Devices (CA MUTCD), and further that the construction equipment ingress and egress be controlled by a plan approved by Public Works.
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60. For projects that disturb one (1) acre or greater of soil, or projects that disturb less than one acre but are part of a larger common plan of development that in total disturbs one or more acres, the project must obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity, Construction General Permit Order 2012-0006-DWQ (as amended by all future adopted Construction General Permits). The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Developer must submit a Notice of Intent and Waste Discharger’s Identification (WDID) number as evidence of having applied with the Construction General Permit before the City will issue a grading permit. The project proponent is ultimately responsible to comply with the requirements of Order No. 2012-0006-DWQ, however, the City shall have the authority to enter the project site, review the project SWPPP, and require modifications and subsequent implementations to the SWPPP in order to prevent polluted runoff from leaving the project site onto public or private property.
61. For all projects subject to Low Impact Development (LID) regulations, Applicant/Developer must submit a site-specific drainage concept and stormwater quality plan to implement LID design principles.
62. A fully executed “Maintenance Covenant for LID Requirements” shall be recorded with the L.A. County Registrar/Recorder and submitted to the Public Works Department prior to the Certificate of Occupancy. Covenant documents shall be required to include an exhibit that details the installed treatment control devices as well as any site design or source control Best Management Practices (BMPs) for post construction. The information to be provided on this exhibit shall include, but not be limited to:
i. 8 ½” x 11” exhibits with record property owner information. ii. Types of BMPs (i.e., site design, source control and/or treatment control) to ensure modifications to the site are not conducted without the property owner being aware of the ramifications to BMP implementation. iii. Clear depiction of location of BMPs, especially those located below ground. iv. A matrix depicting the types of BMPs, frequency of inspection, type of maintenance required, and if proprietary BMPs, the company information to perform the necessary maintenance.
v. Calculations to support the sizing of the BMPs employed on the project shall be included in the report. These calculations shall correlate directly with the minimum treatment requirements of the current MS4 permit. In the case of implementing infiltration BMPs, a percolation test of the affected soil shall be performed and submitted for review by the City Engineer. vi. This document shall be reviewed by and concurred with Public Works to ensure the covenant complies with the MS4 Permit.
63. All site, grading, landscape & irrigation, and street improvement plans shall be coordinated for consistency prior to the issuance of any permits.
64. Construction parking and material storage shall be confined to the site. Construction related parking or material storage is not permitted on the surrounding streets. Street parking of construction vehicles may be permitted with the approval of the Director of Development Services on a limited basis depending on the confinements of the subject site relating to on-site parking.
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65. A Lot Merger prepared by or under the direction of a Registered Civil Engineer or Licensed Land Surveyor must be processed through the City Engineer prior to being filed with the County Recorder.
66. The Applicant/Developer shall provide street lights to City and Southern California Edison standards within the limits of the development to the satisfaction of the City Engineer. Street Light locations shall be supported by a lighting photometric analysis.
67. The Applicant/Developer shall construct sidewalk on Cataract Avenue within the limits of the development. All existing driveways within the limits of the development shall be removed and replaced with curb & gutter and sidewalk. Any damaged sections shall be removed and replaced. All work to comply with city standards to the satisfaction of the City Engineer.
68. The Applicant/Developer shall reconstruct the existing curb ramp at the northwest corner of Allen Avenue and Cataract Avenue to current ADA standards and to the satisfaction of the City Engineer.
69. The Applicant/Developer shall reconstruct the existing cross gutter at the intersection of Allen Avenue and Cataract Avenue to City standards and to the satisfaction of the City Engineer.
70. The Applicant/Developer shall cold plane the north side of Allen Avenue from edge of gutter to centerline within the limits of development to a depth of 0.20’ and install an AC overlay to the satisfaction of the City Engineer.
71. The Applicant/Developer shall reconstruct the existing pavement section on the west half of Cataract Avenue from edge of gutter to centerline within the limits of the development to the satisfaction of the City Engineer.
72. Truck ingress shall be limited to the Cataract Avenue driveway. The Applicant/Developer shall install signing and striping improvements to prevent truck ingress from Allen Avenue to the satisfaction of the City Engineer.
73. The Applicant/Developer shall treat stormwater from the loading bay prior to discharge. Treatment method shall be shown on submitted grading plans and approved by the City Engineer.
74. The Applicant/Developer shall provide protection for exterior doors that open into the parking area/driving aisle to the satisfaction of the City Engineer.
End of Conditions