HomeMy WebLinkAboutPC 2017-23PLANNING COMMISSION
RESOLUTION NO. 2017-23
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING AMENDMENT #1 TO DR/CUP/MCUP/CSP NO. PL2016-105 TO
PROJECT MODIFICATIONS TO ACCOMMODATE THE CONSTRUCTION OF
A SECOND FREESTANDING RESTAURANT BUILDING WITH DRIVE-
THROUGH SERVICE AND OUTDOOR DINING IN CONJUNCTION WITH THE
RENOVATION AND EXPANSION OF A SHOPPING CENTER ON PROPERTY
LOCATED AT 235-257 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA
91765 (APN 8717-008-019 and 020 or "SUBJECT PROPERTY").
A. RECITALS
On July 11, 2016, the property owner/applicant, Diamond Bar Springs, LLC
("Applicant") filed an application for Development Review, Conditional Use
Permit, Minor Conditional Use Permit and Comprehensive Sign Program
No. PL2016-105 to request the following approvals from the Planning
Commission:
(a) Development Review:
i. Renovation of an existing building:
(1) Demolish the existing 9,210 square -foot outdoor garden
center.
(2) Partition the existing 84,245 square -foot building into three
inline retail tenant spaces with new facades.
(3) Construct an addition of approximately 12,155 square feet to
the north end of the existing building.
Construction of a 4,200 square -foot freestanding building
("Outparcel A") to accommodate two fast casual food service
tenants. Outparcel A is situated at the front of the Subject Property
(i.e., toward Diamond Bar Boulevard), between the signalized
driveway and the existing McDonald's restaurant located at the
corner of Diamond Bar Boulevard and Gentle Springs Lane. The
easterly Outparcel A tenant space is hereinafter referred to as
"Outparcel Tenant Space Al," and the westerly Outparcel tenant
space is hereinafter referred to as "Outparcel Tenant Space A2."
Planning Commission Resolution No. 2017-23
iii. Renovation of the parking lot, including resurfacing and striping, new
lighting, landscaping and accessibility upgrades in compliance with
the Americans with Disabilities Act (ADA).
(b) Conditional Use Permit to establish the following uses:
i. Drive-thru service for Outparcel Tenant Space Al.
ii. Establishment of a veterinary clinic as an ancillary use to a proposed
pet store.
(c) Minor Conditional Use Permit to establish the following uses:
i. Sale of beer and wine for onsite consumption for Outparcel Tenant
Space A2.
ii. Outdoor dining areas for each Outparcel A tenant.
(d) Comprehensive Sign Program to establish design criteria for all building -
mounted and freestanding signs.
The requested approvals described above shall be collectively referred to
in this Resolution as the "Project."
The Subject Property is comprised of two parcels totaling 8.14 acres with a
zoning designation of C-3 with an underlying General Plan land use
designation of General Commercial.
The Subject Property is designated on the official maps of the Los Angeles
County Assessor as Assessor's Parcel Numbers 8717-008-019 and 8717-
008-020.
4. On October 11, 2016, 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.
5. On October 11, 2016, following the conclusion of the public hearing, the
Planning Commission approved the Project based on findings of fact and
subject conditions of approval as set forth in Planning Commission
Resolution No. 2016-26.
6. On June 30, 2017, the Applicant filed a request to amend the Project as
follows:
Planning Commission Resolution No. 2017-23
(a) Development Review:
i. Reduce the floor area of the addition at the north end of the existing
building from 12,155 square feet to approximately 9,590 square feet
(i.e., a 2,565 square -foot reduction). This addition, previously
proposed to accommodate a pet store, is now proposed to provide
lease space for up to three future retail tenants.
ii. Construct a second freestanding building, 2,790 square feet in floor
area, to accommodate a fast casual restaurant ("Outparcel B").
Outparcel B is proposed to be situated at the front of the Subject
Property on the side of the signalized driveway opposite Outparcel A.
(b) Conditional Use Permit
i. Eliminate the veterinary clinic, previously approved as a component
of the canceled plan to include a pet store as a Project tenant.
ii. Provide Drive-thru service for Outparcel B.
(c) Minor Conditional Use Permit—Authorize outdoor dining for Outparcel B
The Project, with the requested amendments described above, shall be
referred to in this Resolution as the "Amended Project."
7. The City has determined that the Amended Project is not subject to the
California Environmental Quality Act ("CEQX) because it falls within the
class of Categorical Exemptions described under Article 19, Section 15301
(Existing Facilities) of the CEQA Guidelines in that the net increase in floor
area does not exceed 10,000 square feet. Therefore, no further
environmental review is required.
8. On August 11, 2017, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers, and public hearing notices were mailed to property
owners within a 700 -foot radius of the Subject Property. Public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity.
9. On August 22, 2017, 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.
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Planning Commission Resolution No. 2017-23
71
C.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby approves the Project based on the
findings and subject to the conditions set forth below.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Chapters 22.36, 22.48, 22.56, 22.58 and
22.66, the Planning Commission hereby finds as follows:
1. Development Review Findings (DBMC Section 22.48.040)
a. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, Citywide Design Guidelines,
and development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
In addition to conforming to the minimum development standards
prescribed for the C-3 zoning district, the Amended Project will significantly
upgrade the aesthetics of the Subject Property by transforming the fortress-
like appearance of a vacated, single -tenant `big box" retail building frontage
into a series of contemporary, inviting storefronts, and transforming the
parking lot from a minimally landscaped "sea of asphalt" to an attractive
setting that incorporates trees interspersed among all parking lot bays, as
well as a tree -lined pedestrian connection leading from Diamond Bar
Boulevard to the multi -tenant building.
Notable elements of the Project design which address the Citywide Design
Guidelines include, among other things, the following:
• Monotony of building design is avoided through variations in wall planes,
roof lines, details and materials. These design elements also succeed
in reducing scale and bulk.
Both the large, multitenant building and the Outparcel building
incorporate elements which transition to the human scale.
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Planning Commission Resolution No. 2017-23
An enhanced project entry has been designed into the project which
incorporates stamped asphalt, accent trees and the "theme rails" used
in the City's enhanced public streetscapes to reflect community
character and values.
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 Subject Property and those parcels contiguous to the Subject
Property are already developed with commercial uses. Reciprocal
parking and access easements between the Subject Property and
neighboring uses currently exist and will be maintained.
• Access and maneuverability for Los Angeles County Fire Department
emergency vehicles has been designed into the Project site
modifications to Fire Department specifications.
• Access into the Subject Property will be enhanced by the lengthening of
the left -turn lane at the existing signalized entrance on Diamond Bar
Boulevard.
• The proposed Outparcel drive-thru service lanes have adequate vehicle
queuing length to accommodate the expected demand. In addition, the
drive-thru lanes provide sufficient turning radii for customer vehicles to
maneuver.
• A protected, ADA -accessible pedestrian path is provided within the
parking lot to enable pedestrians to traverse the parking lot without
utilizing parking lanes.
c. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development contemplated
by Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan:
While the Amended Project's architecture is clearly more contemporary and
distinctive than the surrounding commercial architecture, it is not discordant
in scale or style with those existing structures. Moreover, the Amended
Project's overall design is substantially more consistent with the Citywide
Design Guidelines than most of the neighboring building stock. As such,
the Amended Project is likely to serve as a positive design influence for
future renovations and new construction in the immediate vicinity.
Planning Commission Resolution No. 2017-23
d. 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, color, and will remain
aesthetically appealing:
The overall composition of building forms, articulation and details is visually
pleasing and harmonious. A varied palette of materials and details,
including stacked stone, brick, smooth stucco and metal, and a coordinated
earthtone color scheme will convey a sense of physical permanence, and
style that will outlast short-lived design trends. Increasing the tree canopy
throughout the Amended Project site will further the site's appeal to
occupants, customers and passersby.
e. The proposed development will not be detrimental to 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:
The Amended Project predominantly consists of the rehabilitation of an
existing retail development. The primary land use will continue to be a
shopping center. Rather than posing a detriment to the public health, safety
or welfare, the Amended Project will more likely enhance the community's
visual character and economic viability by transforming a blighted
development into an attractive setting which will provide added shopping
opportunities within Diamond Bar. The revived, grocery store -anchored
shopping center is likely to draw more customer traffic into the immediate
vicinity and benefit neighboring commercial uses.
f. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The Amended Project is categorically exempt from CEQA as stated under
Recital No. 4 of this Resolution.
2. Conditional Use Permit Review Findings for Drive-Thru Service in conjunction
with Outparcel Tenant Space Al and Outparcel B (DBMC Section 22.58.040)
a. The Proposed Use (i.e., drive-thru service for Outparcel Tenant Space Al
and Outparcel B) is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code:
Drive-thru facilities are permitted in the C-3 zoning district, subject to
approval of a conditional use permit. The proposed drive-thru lanes have
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Planning Commission Resolution No. 2017-23
been designed in compliance with the development standards for drive-
through facilities set forth under DBMC Section 22.42.050.
b. The Proposed Use is consistent with the general plan and any applicable
specific plan:
The Subject Property is located within General Commercial (C) General
Plan Land Use Designation. This land use designation is intended for
regional, freeway -oriented, and/or community retail and service uses.
Automobile -oriented uses such as a restaurants with drive-thru service are
clearly consistent with the intent of this land use designation.
The Proposed Use is consistent with General Plan Strategy 1.3.3:
(`Encourage neighborhood serving retail and service commercial uses') in
that the proposed drive-thru service will provide an additional convenience
for customers, and will presumably increase sales for the business
providing drive-thru service, as well as draw more customers overall to the
shopping center.
c. The design, location, size and operating characteristics of the Proposed
Use are compatible with the existing and future land uses in the vicinity:
The proposed drive-thru lanes and the buildings to which they are ancillary
uses have been site planned, oriented and configured to enable orderly
vehicular circulation to occur in a manner that does not materially interfere
with the operations of other uses in the vicinity. As stated, the drive-thru
service lanes have adequate vehicle queuing lengths to accommodate the
expected demand in order to reduce the likelihood of vehicle stacking
obstructing parking lot travel lanes. In addition, the drive-thru lanes provide
sufficient turning radii for customer vehicles to maneuver. The proposed
drive-thru uses are located within a commercial corridor occupied by retail
stores, sit-down and drive-thru restaurants, service stations and other
consumer services with varied days and hours of operation; as such, the
surrounding built environment is an appropriate setting for the Proposed
Use.
d. The Subject Property is physically suitable for the type and density/intensity
of use being proposed, including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints:
The Proposed Use is located within an existing shopping center along a
commercial corridor with direct access from Diamond Bar Boulevard, one
of the City's three major arterials, expressly designed for the automobile as
the primary means of transportation. All utilities and infrastructure exist to
serve the Proposed Use. Moreover, a signalized intersection with a
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Planning Commission Resolution No. 2017-23
dedicated left -turn lane provides direct access into the Subject Property. To
further ensure that adequate queuing capacity is provided for motorists
entering the Subject Property, this entrance will be lengthened.
e. Granting the conditional use permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located:
The Amended Project predominantly consists of the rehabilitation of an
existing retail development. The primary land use will continue to be a
shopping center. Rather than posing a detriment to the public health, safety
or welfare, the Project will more likely enhance the community's visual
character and economic viability by transforming a blighted development
into an attractive setting which will provide added shopping opportunities
within Diamond Bar. The revived, grocery store -anchored shopping center
is likely to draw more customer traffic into the immediate vicinity and benefit
neighboring commercial uses. The proposed Outparcels with drive-thru
service will contribute positively to the mix of goods and services available
at the Subject Property.
f. The Proposed Use has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed drive-thru service for Outparcels A and B is a component of
the overall Project, which is categorically exempt from CEQA as stated
under Recital No. 4 of this Resolution.
3. Minor Conditional Use Permit Review Findings for the Sale of Beer and Wine
for On -Site Consumption in conjunction with a Restaurant (DBMC
Section 22.56.040)
Findings in support of on-site beer and wine service for Outparcel Tenant A2
were adopted under Planning Commission Resolution No. 2016-26. The
Amended Project does not propose changes to the scope or nature of on-site
beer and wine service previously approved on the Subject Property, and the
Amended Project has no material effect on such service previously approved
for Outparcel Tenant A2.
4. Minor Conditional Use Permit Review Findings for the provision of outdoor
dining areas for each Outparcel tenant (DBMC Section 22.56.040)
a. The Proposed Use (outdoor dining areas for each Outparcel tenant) is
allowed within the subject zoning district with the approval of a minor
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Planning Commission Resolution No. 2017-23
conditional use permit and complies with all other applicable provisions of
this Development Code and the Municipal Code:
Dedicated outdoor dining areas in conjunction with restaurant uses are
permitted in the C-3 zoning district, subject to approval of a minor
conditional use permit. Required off-street parking for the Proposed Use is
based on the delineated square footage of the outdoor dining, and is subject
to the same ratio of parking spaces to floor area that applies to the
development in which the Proposed Use is located. Surplus parking is
available within the Subject Property to satisfy the parking requirement for
the Proposed Use. Compliance with otherprovisions of the Municipal Code,
such as ADA accessibility, is verified during the City's plan check and
inspection process.
The Proposed Use is consistent with the general plan and any applicable
specific plan:
The Subject Property is located within General Commercial (C) General
Plan Land Use Designation. This land use designation is intended for
regional, freeway -oriented, and/or community retail and service uses.
Restaurant uses are clearly consistent with the intent of this land use
designation. Restaurants routinely provide outdoor dining when the
appropriate setting is available for outdoor dining amenities.
c. The design, location, size and operating characteristics of the Proposed
Use are compatible with the existing and future land uses in the vicinity:
Avoidance of potential conflicts between patrons dining outdoors and
vehicles circulating within the surrounding parking lots and drive-thru lanes
are the only reasonably foreseeable compatibility issues to be considered
in the design of the proposed outdoor dining areas. Such conflicts are
avoided by designing the outdoor dining areas in such a manner that they
are clearly delineated and physically separated from the adjoining parking
lanes with raised curbing and other barriers.
d. The Subject Property is physically suitable for the type and density/intensity
of use being proposed, including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints:
Outparcels A and B, including the outdoor dining areas, have been
designed expressly to suit the detailed specifications of three national chain
fast casual restaurants.
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Planning Commission Resolution No. 2017-23
e. Granting the conditional use permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located:
Restaurants with outdoor dining are relatively benign land uses. Noise
generated by patrons and other sources within such dining areas are
generally the only potential causes of detrimental impacts to their
surroundings. Because there are no residences or other sensitive uses
within the audible range of the proposed outdoor dining areas, and the
Outparcels are adjacent to a major arterial roadway, it is unlikely that
approval of this Minor Conditional could be detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity.
f. The Proposed Use has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed outdoor dining areas are components of the overall Project,
which is categorically exempt from CEQA as stated under Recital No. 4 of
this Resolution.
5. Comprehensive Sign Program Findings (DBMC Section 22.36.060)
Findings in support of the Comprehensive Sign Program were adopted under
Planning Commission Resolution No. 2016-26. The Amended Project does not
propose changes, to the intent or scope of the sign criteria previously approved
for the Subject Property, and the Amended Project does not introduce site or
building features that were not contemplated under the approved
Comprehensive Sign Program.
D. CONDITIONS OF APPROVAL
Approval of the Amended Project is subject to the conditions of approval attached
hereto as Exhibit A.
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 the
property owner, Diamond Bar Springs, LLC, 9304 W. Sunset Boulevard,
West Hollywood, CA 90069.
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Planning Commission Resolution No. 2017-23
APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Raymo d Wolfe, airperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 22nd day of August, 2017, by the following vote:
AYES: Commissioners: Barlas, lEarago, Mahlke, VC/Mok, Chair/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: V �`
Greg Gubman, Secretary
11
Amendment to DR/CUP/CSP PL2016-105
"Exhibit A"
GW CONDITIONS OF APPROVAI
PROJECT #: Amendment Development Review/Conditional Use
Permit/Minor Conditional Use Permit/Comprehensive Sign
Program No. PL 2016-105
PROPERTY Diamond Bar Springs, LLC
OWNER/APPLICANT: 9304 W. Sunset Boulevard
West Hollywood, CA 90069
PROJECT LOCATION: 235-257 S. Diamond Bar Boulevard, Diamond Bar, CA
91765/
APN 8717-008-019 and 20
(Hereafter referred to as the "Subject Property")
A. APPLICABILITY
The conditions of approval that follow in this Exhibit pertain specifically to
Outparcel B (257 S. Diamond Bar Boulevard), as defined in this Resolution,
as well as the Planning Commission staff report for this matter, referenced
as Item 7.1 on the August 22, 2017, Planning Commission meeting agenda
packet.
2. All conditions of approval included in Planning Commission Resolution
No. 2016-26 remain in full force and effect, unless superseded or amended
by the conditions contained within this Exhibit.
B. GENERAL REQUIREMENTS
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 PL2016-105 and any
amendment thereto 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:
b. 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.
EXHIBIT A i Planning Commission Resolution No. 201.7-23 Page 1 of 12
c. 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. The conditions contained herein shall run with the Subject Property and
shall be binding upon all future owners, tenants, operators, or successors
thereto. Non-compliance with any condition of approval shall constitute a
violation of the Diamond Bar Municipal Code, and shall be subject to the
penalties set forth therein.
3. This approval shall not be effective for any purpose until the Applicant has
filed, within twenty-one (21) days of approval of this Project, at the City of
Diamond Bar Community Development Department, an affidavit stating that
they are aware of and agree to accept all the conditions of this approval.
4. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business License as required by law;
and a zoning approval for those businesses located in Diamond Bar.
5. Signed copies of Planning Commission Resolution No. 2017-23 and
Conditions of Approval shall be included on the construction 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.
6. Each condition of approval shall be satisfied prior to the milestone set forth
for that condition (e.g., building permit issuance, certificate of
occupancy, etc.). If compelling circumstances warrant modification to the
timing for satisfaction of a condition, the Applicant may request that the
Community Development Director approve such a modification. The
Community Development Director reserves the discretion to approve or
deny the requested modification, and to require the posting of surety or
other performance guarantee as a condition of approving such a
modification.
7. The Project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
8. The property owner/applicant shall remove the public hearing notice board
within three days following this Project's approval.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 2 of 12
_1
C.
M
The applicant shall ascertain and comply with the requirements of the Los
Angeles County Fire Department pertaining to construction activities,
Project development and Project operations.
10. To verify compliance with these conditions of approval, the applicant shall
request and pass a final inspection performed by the Planning Division prior
to the issuance of any certificate of occupancy. No certificate of occupancy
shall be granted until all improvements required pursuant to the Project
conditions of approval have been properly constructed, inspected, and
approved.
FEES/DEPOSITS
Within five (5) days following the date of Project Approval, the applicant
shall submit a check payable to the Los Angeles County Clerk in the amount
of $75.00 for the filing of a Notice of Exemption.
2. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department) at the
established rates, prior to issuance of building or grading permit, 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 issuance of grading or
building permit, whichever comes first.
Prior to plan check approval, all deposit accounts for the processing of this
Project approval request shall have no deficits.
TIME LIMITS
The approval of the Project expires within two 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 22.60.050(c) for Planning Commission approval.
CONSTRUCTION DOCUMENTS
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. Construction
document requirements are detailed further under the Public
Works/Engineering and Building and Safety subsections of these Conditions
of Approval.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 3 of 12
2. Prior to building issuance, a Certification of Design, together with landscape
and irrigation plans prepared by a licensed landscape architect, shall be
submitted to the Planning Division for review and approval by the City's
Consulting Landscape Architect. Landscape construction documents shall
be separately collated and submitted as a standalone construction document
package.
a. Submit three (3) separately collated sets of landscape construction
plans which include planting plans, irrigation plans, grading plans,
calculations and specifications. Contact the City's consulting landscape
architect/plan checker Greg Clark, ASLA at (909) 481-5750 for
questions regarding specific submittal requirements.
b. Review of the landscape construction documents shall be subject to the
hourly rates set forth under the City's contract with the Consulting
Landscape Architect, plus an 18 -percent administrative fee, in effect at
the time of landscape construction document submittal.
c. Landscape and irrigation plans, and all supporting documentation, shall
comply with the City's Water Efficient Landscaping Ordinance in effect
at the time of construction document submittal.
3. A turning movement analysis shall be submitted to demonstrate that the
drive-through lane exit is designed to accommodate unobstructed right
turns for typical passenger vehicles.
4. Backing panels for wall -mounted business identification signs may only be
used on wall surfaces clad with wood or simulated wood siding. All other
wall -mounted signs shall consist of only individually mounted channel
letters and individually formed graphic elements associated with corporate
branding.
5. The positioning of a retaining between the theme rails and the Outparcel B
drive-through lane may create conflicts in the placement of footings for
these structures, and could impact the viability of plantings in this location,
and generally spoil the aesthetic intent of the enhanced entry features. In
light of this concern, an appropriate design solution for this area shall be
submitted for Planning and Public Works review and approval, and the
approved design shall be incorporated into the construction documents,
prior to the issuance of grading or building permits.
E. LAND USE AND DEVELOPMENT REQUIREMENTS
The conditions set forth in this subsection shall be incorporated into the
construction documents as applicable, and shall run with the land:
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 4 of 12
1. All ground -mounted utility appurtenances, such as transformers, air
conditioning condensers, etc., shall be located out of public view, or
adequately screened through the use of a combination of walls, berms,
and/or landscaping to the satisfaction of the Planning Division, provided
they maintain the required utility company clearances. The use of UV
resistant wrap films on such appurtenances may also be utilized where
appropriate and effective for screening purposes, subject to prior review and
approval of the Serving Utility Provider and Community Development
Director. This condition is not applicable to utility appurtenances expressly
referenced in Resolution 2016-26.
2. All roof -mounted equipment shall be screened from public view.
3. 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.
4. The exposed faces of newly -constructed retaining walls, within public
viewsheds shall have decorative surfaces, subject to review and approval
of the Community Development Director.
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
F. CONSTRUCTION NOISE CONTROL
1. Construction shall be limited to the hours between 7:00 a.m. and 7:00 p.m.
on weekdays and Saturdays in accordance with the Diamond Bar Municipal
Code. Construction activity within fully enclosed buildings may occur
provided that such activity is not audible at the Subject Property's parcel
boundaries, subject to approval by the Community Development Director.
2. During all site excavation and grading, the project contractors shall equip
all construction equipment, fixed or mobile, with properly operating and
maintained mufflers consistent with manufacturers' standards.
3. The construction contractors shall place all stationary construction
equipment so that emitted noise is directed away from sensitive receptors
nearest the Project site.
4. The construction contractors shall locate equipment staging in areas that
will create the greatest distance between construction -related noise
EXHIBIT I Planning Commission Resolution No. 2017-23 Page 5 of 12
sources and noise -sensitive receptors nearest the project site during all
Project construction.
G. SOLID WASTE
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 refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to insure
that the waste contractor used has obtained permits from the City of
Diamond Bar to provide such services.
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.
CONTACT PUBLIC WORKS/ENGINEERING AT 909-839-7040 WITH QUESTIONS
REGARDING THE CONDITIONS LISTED UNDER SECTIONS H THROUGH L
BELOW.
H. GENERAL
The approved SWPPP for the Diamond Bar Ranch Development shall be
used during construction. If City staff or City appointed staff determine that
the proposed design requires a revised SWPPP, an Erosion Control Plan
shall be submitted concurrently with the grading plan clearly detailing
erosion control measures. 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. For construction activity which disturbs one acre
or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be
needed.
2. The LID Plan approved on 3/8/2017 for the Diamond Bar Ranch
Development shall be applicable to this project. The new design is subject
to review and approval to ensure compliance with these plans. The
applicant shall comply with Low Impact Development (LID) requirements to
the satisfaction of the City Engineer. The LID Plan will be required to comply
with the 2012 MS4 Permit. The LID Plan shall be approved prior to grading
permit issuance and/or building permit issuance for: new structures.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 6 of 12
3. 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 7:00 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.
I. SOILS REPORT/GRADING/RETAINING WALLS
1. The Geotechnical Report for the Diamond Bar Ranch Development
approved on 2/2/2017 is applicable to this this project, unless otherwise
stated by City staff or consultants. If revisions are required, applicant shall
submit amendments or a new geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California.
2. Upon approval of the geotechnical report, the applicant shall submit
drainage and grading plans prepared by a Civil Engineer, licensed by the
State of California, prepared in accordance with the City's requirements for
the City's review and approval. A list of requirements for grading plan check
is available from the Public Works Department. All grading (cut and fill)
calculations shall be submitted to the City concurrently with the grading
plan.
3. Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements shall be clearly identified on the grading plan.
5. The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
6. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance
and acceptable grading practices.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 7 of 12
8. The maximum grade of driveways serving building pad areas shall be
15 percent. In hillside areas driveway grades exceeding 15 percent shall
have parking landings with a minimum 16 feet deep and shall not exceed
five (5) percent grade or as required by the City Engineer. Driveways with
a slope of 15 percent shall incorporate grooves for traction into the
construction as required by the City Engineer.
9. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City
Engineer.
10. A pre -construction meeting shall be held at the project site with the grading
contractor, applicant, and city grading inspector at least 48 hours prior to
commencing grading operations.
11. Rough grade certifications by project soils and civil engineers shall be
submitted prior to issuance of building permits for the foundation of the
structure(s). Retaining wall permits may be issued without a rough grade
certificate.
12. Final grade certifications by project civil engineers shall be submitted to the
Public Works Department prior to the issuance of any project final
inspections/certificate of occupancy respectively.
13. Prior to the issuance of any permits, the applicant shall provide written
permission to the satisfaction of the City from any property owners which
will be affected by offsite grading.
J. DRAINAGE
1. 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.
2. Prior to the issuance of a grading permit, a complete hydrology and
hydraulic study shall be prepared by a Civil Engineer registered in the State
of California to the satisfaction of the City Engineer.
K. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purpose shall be offered and shown on the
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 8 of 12
detailed site plan for dedication to the City or affected utility company as
deemed necessary.
Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
L. SEWERS/SEPTIC TANK
Applicant shall obtain connection permit(s) from the prior to issuance of
building permits.
Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City and, if necessary, the Los Angeles
County Public Works Department. Sewer plans related to Los Angeles
County maintained facilities shall be submitted for review and approval by
the City Public Works Department. All other privately maintained sewers
shall be submitted for review and approval by the City Building and Safety
Division.
The Sewer Study approved on 12.15.2016 by David Evans and Associates
is applicable to this project. Upon review of the additional structure, an
additional calculation may be required to amend the approved sewer study.
If the Study finds the existing sewer system is not adequate to handle the
new development flows, the applicant shall pay impact fees as deemed
necessary by the City or upgrade the existing sewer system as necessary.
All impact fees shall be paid prior to issuance of final inspection.
CONTACT BUILDING AND SAFETY AT 909-839-7020 WITH QUESTIONS
REGARDING THE CONDITIONS LISTED UNDER SECTIONS M THROUGH -
BELOW.
M. GENERAL CONDITIONS
At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e., 2016 California Building Code
series will apply) requirements and all other applicable construction codes,
ordinances and regulations in effect.
Provisions for Cal Green shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 9 of 12
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current Cal Green
Code.
N. PLAN CHECK — ITEMS TO BE ADDRESS PRIOR TO PLAN APPROVAL
1. The minimum design load for wind in this area is 110 M.P.H. exposures "C"
and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 140.6 and 140.7.
4. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan
submitted to the Building and Safety Division.
5. "Separate permit shall be required for all wall and monument signs" and
shall be noted on plans.
6. An exit analysis shall be provided during plan check, showing occupant load
for each space, exit width, exit signs, etc.
7. Number of plumbing fixtures shall be in compliance with CPC T-422.1.
8. All easements shall be shown on the site plan.
9. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
10. Design for future electric vehicle charging and solar ready roof shall be
provided.
11. Design for future tenant improvement features shall be considered in the
design and clarified what is tenant or shell building responsibility.
O. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
1. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8. The contractor shall complete all required forms and pay
applicable deposits prior to permit.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 10 of 12
2. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
3. Submit grading plans clearly showing all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
4. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
5. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
6. LA County Fire, Health, and Industrial Waste approval is required prior to
permit issuance.
P. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION
Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
2. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one -hundred -eighty (180) days after permit
issuance, and if a successful inspection has not been obtained from the
building official within one -hundred -eighty (180) days from the date of permit
issuance or the last successful inspection. A successful inspection shall
mean a documented passed inspection by the city building inspector as
outlined in Section 110.6.
3. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
4. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
5. The project shall be protected by a construction fence to the satisfaction of
the Building Official, and shall comply with the NPDES & BMP requirements
(sand bags, etc.). All fencing shall be view obstructing with opaque
surfaces.
EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 11 of 12
6. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame
inspection.
7. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert
by dialing 811 or their website at www.digalert.org.
8. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
9. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
10. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from the building at a 2% minimum slope. The final as -built conditions shall
match the grading/drainage plan or otherwise approved as -built
grading/drainage plan.
11. Special inspections and structural observation will be required in
conformance with CBC 1704 to 1709.
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EXHIBIT A I Planning Commission Resolution No. 2017-23 Page 12 of 12