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HomeMy WebLinkAboutRES 2005-60A. CITY COUNCIL RESOLUTION NO. 2005-60 A RESOLUTION OF TH CITY COUNCIL OF THE CITY OF DIAMOND BAR APPR VING CONDITIONAL USE PERMIT NO.2004-01, DEVELOP ENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004- 1. THE REQUEST IS FOR THE RENOVATION OF THEEXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICE/RESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQ ARE FEET; THE VARIANCE IS TO INCREASE THE BUILDI G HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEE r TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEE TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;— APN: 8285-020-31 THROUGH 51. RECITALS The applicant, Michael cCarthy of Country Hills DB, LLC, has filed applications for Conditione I Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Reviw and Variance requests shall be referred to as the "Application." 7 2. On September 23, 2005, F lanning Commission public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the PL blic notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tri une and Inland Valley Daily Bulletin newspapers. 3. On October 25 and November 8 2005, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the Application, received public testimony and concluded said hearing on that November 8, 2005. 4. On October 25, 2005, public hearing notices were mailed to approximately 332 property owners withi i a 700 -foot radius of the project site. On October 25, 2005, the project site was posted with a display board and the public notice was posted in diree public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15, and December 6, 2005, the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony and concluded the public hearings on December 6, 2005. 6. All legal prerequisites prior t the adoption of this Resolution have occurred B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Res lution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above referenced meetings on November 15, and December 6, 2005, including written and oral staff reports, this City Council hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The si a is fully developed except for a small piece of graded pad at the no 1h side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with i s site plans, building design, landscaping, and grading together with he conditions of approval and the mitigation are in conformance with he General Plan, the Development Code and the Design Guidelines. (e) The Application anc the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfarE or materially injurious to properties and improvements in the vicinity. (f) The Application ha: California Environr Mitigated Negative 2005, and ended ( result in potentiall, resources, hazard However, after impl impacts will be miti 3. The City Council hereby considered the record as a changes and alterations wl upon the proposed project before this City Council potential of an adverse eff( the wildlife depends. Ba: hereby rebuts the pre Section 753.5(d) of Title 1 4. Based on the findings hereby finds as follows: Conditional Use Permit been reviewed pursuant to the provisions of the ental Quality Act (CEQA) section 15070. The )eclaration review period began September 23, ;tober 25, 2005. The proposed project would significant impacts to the air quality, cultural us materials, noise and traffic/transportation. mentation of the Mitigation Program, all potential ated to a less than significant level. specifically finds and determined that having whole including the findings set forth below, and lith have been incorporated into and conditioned set forth in the Application, there is no evidence hat the proposed project herein will have the ct on wild life resources or the habitat upon which 9d upon substantial evidence, this City Council ,umption of adverse effects contained in I. of the California Code of Regulations. conclusions set forth herein, this City Council (a) The proposed use s allowed within the subject zoning district with approval of a conc itional use permit and complies with all other applicable provisior s of this development code and the Municipal Code. Concurrently with M, e Application, the applicant requested for a Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping center requires a Conditional Use Permit. The existing and proposed uses for the shoppi g center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed under the Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisior s of the Development Code and the Municipal Code. 3 (b) The proposed use is consistent with the General Plan and the Development Code. Economic Developm nt is a goal of the General Plan. The proposed project will implemen I this goal. The proposed project is consistent with the Diamond Bar Development Code. (c) The design, locatio , size and operating characteristics of the proposed use are copatible with the existing and future land uses in the vicinity. 7 The shopping center was originally constructed in the 9970's and renovated in the late 980's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major t rant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding resi eats. The existing and proposed uses will be compatible with the a idsting and future land uses in the vicinity. The proposed project wil promote the aesthetics of the physical environment and ads to the economic and social character of the City. (d) The subject site 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 subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (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 mprovements in the vicinity and zoning district in which the property s located. Granting the conditio public interest, health, persons, property, or, in which the property will improve the prope nal use permit will not be detrimental to the safety, convenience, or welfare, or injurious to 'mprovements in the vicinity and zoning district s located. Granting this conditional use permit rty and add value to the City in general. a (f) The proposed provisions of 15070. The proposed, the air quality, project has been reviewed in compliance with the the yalifornian Environmental Quality Act (CEQA) Program, all pote significant level. A and incorporated) Development Review would result in potentially significant impacts to i1 resources, hazardous materials, noise and However, after implementation of the Mitigation i impacts would be mitigated to a less than )y of the mitigation program is attached hereto (g) The design and lay ut of the proposed development are consistent with the general p an, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, 3pecific plans, community plans, boulevards or planned developments). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layo t of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed proje the construction of h the existing building, with the use and enj the two new office b the mitigation prog southbound approai of Cold Springs Lan contribution of $79,; future road improve traffic. The existing further to provide for accessibility. (i) The architectural de; with the character of and enhance the N contemplated by this plan, I is to renovate an existing shopping center and ro new office buildings. The design and layout of and the two new office buildings will not interfere )yment of existing surrounding uses. However, tildings will have an increase in traffic. Based on am, the applicant is required to improve the h on Diamond Bar Boulevard at the intersection with a re -striping of a third through lane and a 93 for the project's share of the cost in funding nents needed to alleviate cumulate impacts to access for the shopping center will be improved safe pedestrian walkway and address handicap sign of the proposed development is compatible the surrounding neighborhood and will maintain irmonious, orderly and attractive development chapter, the general plan, or applicable specific 5 The proposed renovation together with the new buildings will create an aesthetically plea ing environment. (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed de environment for its encourage the pub pleasing environmE (k) The proposed deVE health, safety or wel on property values improvements in the Variance n of the building will provide a desirable ;cupants and visiting public. The design will to visit often, shop and enjoy the aesthetically pment will not be detrimental to the public re or materially injurious (e.g., negative effect resale(s) of property) to the properties or The proposed development will not be detrimental to the public health, safety or welf9re or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. The proposed project has been reviewed in compliance with the provisions of the Calif mia Environmental Quality Act (CEQA)15070. The proposed project the air quality, cultur tra ffic/transportation. Program, all potentie significant level. A col and incorporated hen (m) There are special (e.g., location, shape conditions), so that tr Code denies the prop owners in the vicinity a unnecessary and nc regulation which makE with the development vould result in potentially significant impacts to I resources, hazardous materials, noise and lowever, after implementation of the Mitigation impacts would be mitigated to a less than y of the mitigation program is attached hereto circumstances applicable to the property , size, surroundings, topography, or other e strict application of the City's Development ;rty owner privileges enjoyed by other property nd under identical zoning districts or creates an in -self created, hardship or unreasonable s it obviously impractical to require compliance Standards. M. The site is unique b more than 20 feet f which deters visibili wash at the corner e and the two story c Road and Diamond the center. No othe problem. The variot, feet away from the w Fountain Springs Rt view from the norti height of the buildin, the car wash site i. grade and only the Diamond Bar Boule cause it is constrained by a grade difference of :)m the street grade of Diamond Bar Boulevard i of the center from the street. The existing car 'Cold Springs Lane and Diamond Bar Boulevard Tice building at the corner of Fountain Springs 3ar Boulevard also contribute to poor visibility of existing centers in the City have this visibility > towers at the main building are more than 200 9sterly residential area. The two story building at ad sits 5 feet below street grade. Therefore, the ;rly residential area would see only 30 feet in The three story medical office building behind 28 feet below Diamond Bar Boulevard street third story of the building would be seen from (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. (o) (p) (4) As referenced abov for the preservatior possessed by other districts. Granting the Varian applicable specific r Due to the constrai below Diamond Bar will be consistent w, have a specific plan The proposed interest, health, in Item (m), granting the Variance is necessary and enjoyment of substantial property rights roperty owners in the same vicinity and zoning is consistent with the General Plan and any n. ; of the project site being more than 20 feet Pulevard street grade, approving this Variance the General Plan. The project area does not ement would not be detrimental to the public ty, convenience, or welfare of the City. Approval of the V riance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspecti n process. The proposed entitl ment has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. 7 The proposed projeci would result in potentially significant impacts to the air quality, cultuial resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potentr l impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated her in. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the project subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporated herein: A. General/Planning Division (1) The approval is for Country Hills Town Center totaling 221,083 square feet. he approval includes the renovations of the facade fora 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) The market tenant is defined as a supermarket or a grocery story primarily engaged in retailing a general line of food such as canned arid frozen foods, fresh produce, fresh and prepared meats, fish and poultry, and fully control and operated by thp supermarket. It may include a deli and food court operated by others. (3) The renovations of the existing buildings from the market tenant through the retail building to the building with the new drive-thru cafe shall be completed prior to issuance of building permit for the new two story building. The market tenant shall occupy the building and be in operation prior to issuance of building permit for the new three story building. (4) A Planned Sin Program shall be submitted for Planning Commission review and forwarded to City Council for final review and approval, The Planned Sign Program shall establish sign criteria for tenants, monument signs and center directory signs The three story medical office building shall have wall signs that display the name of the building instead of individual ten nts' names and the signs shall be non - illuminated. he second story for the two story building shall have minimal number of wall signs and the signs shall be non - illuminated. (5) The dimens ons of parking spaces shall comply with Development Code standards, which is 9 feet by 19 feet. (6) The property owner shall correct, repair and improve on-site sub -standard property maintenance issues such as drainage, storm drain, landscape irrigation, sewer facilities, etc. Plans shall be submitted for Community Development and Public Works Direct rs review and approval. (7) The property owner shall provide additional screening devices such as but not limited to wood slots, vines, landscape areas, etc., along the west property line; submit plans for Community Developmeni Director review and approval prior to issuance of building permits. (8) Variance No 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; then w two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (9) The final desi n of the project entry off Diamond Bar Boulevard shall be subjE ct to Community Development and Public Works Directors rev ew and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm treesThe palm tree species shall be of canary island date, date pa m or king palm. The size of the palm trees shall be a minimu of 10 feet brown trunk. (10) The property owner shall provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (11) All shoppingarts shall be collected at the end of the business hours and st red inside the building of the supermarket and/or Rite Aide or i an approved outdoor screened area. (12) The maximu square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square foots a does not include the two existing drive-thru fast foods and he drive-thru cafe, the 5,000 square feet 0 designated for food court within the market building, and the in- line food users. In-line food users are defined as "express" fast food with imited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar tv a of fast foods. (13) The keeping of the existing non -conforming pylon sign shall require a new variance application. (14) A uniform ha scape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted f r Planning Division review and approval prior to the issuance f building permits. (15) Landscaping: The site shall provide as close to 15 percent of the site area I or landscaping as possible; provide tree wells within the par ing lot and planted with a small slow growing tree; provide ! ndscape areas along store frontage for planting of trees; Prov de vine pockets in front of building columns; provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. D tailed design shall be submitted for Planning Division revie and approval prior to issuance of building permits. (18) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (17) Add a flat roof ower over the new drive-thru pickup window for the future caf" tenant. Final design subject to Community Development Director review and approval prior to issuance of building permi s. (18) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (fr nt) elevation. (19) (a) The roofscreen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. 10 (b) New roof equipment sl the new sci Development building pern occupancy. screen wall for screening existing and new roof call be provided. Design, materials and color of een wall shall be submitted for Community Director review and approval prior to issuance of fits. New screen wall shall be installed prior to (20) Submit coland material samples for the project prior to issuance of building permits. (21) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and p acement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (22) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel parUCLIlate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If du ing grading archaeological resources are encou tered, construction activities in the area of the find srhut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (c) If during grading human remains are encountered, constriction activities in the area of the find must be immec iately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will no ify the Native American Heritage Commission for consu tation. (d) Prior o commencement if demolition, a complete asbestos and lead paint survey shall be conducted on struct res to be demolished at Country Hills Towne 11 Center f they have the potential to contain asbestos or lead pE int. If asbestos or lead paint materials are present they will be handled by a trained and licensed asbestos or lead paint abatement contractor and dispos d of in compliance with all applicable regulati ns. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a) — 7:00 am and 7:00 pm Monday through Saturday. If there are complaints regarding noise cr other negative impact to the surrounding residen s the demolition, grading and construction operatic n shall be restricted to within the hours of 7:30 a to 5:30 pm Monday through Friday. (f) Prior to the completion of construction activities, the southbc and approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane. (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,59'3.79 represents the project's share of the costs based n it relative contribution to worsening traffic conditio . (18) Provide pedestrian connection from the public sidewalk to on- site for Diam nd Bar Boulevard, Cold Springs Lane and Fountain Springs Road. (19) Decorative te; entries (Diam Fountain Sprii there is a ped( shall be provi median island textured pave Director revie% B. Engineering/Public (1) A Lot Line Ac building perm the supermar ured pavement shall be provided at project nd Bar Boulevard, Cold Springs Lane and ]s Road) and across circulation aisles where -trian pathway. Decorative textured pavement ed at the terminus of the center landscape Location, design materials and colors for the lent are subject to Community Development and approval. istment shall be recorded prior to issuance of for the three story medical office building and A building. 12 (2) Upgrade the Cold Springs Springs Road allowing driveways to current ADA standards: Lane, Diamond Bar Boulevard and Fountain (3) Remove con rete from parkway at Cold Springs Lane and replace with I ndscaping to match existing parkways to east and west oft the project. (4) Eliminate all torm drainlirrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance ol any permits. (5) Evaluate pav ment conditions of the parking lot and implement improvement,,. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prio to issuance of any permits. (6) Provide prot ctive fencing or barrier to the property frontage along Diamo d Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard arid Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) (9) All parcels wihin the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-si a striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping forte parking spaces shall consider 90 degree parking ang!e subject to Community Development Director review and approval, (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. 13 C. Fire (1) All required fire hydrants shall be installed and tested and accepted pri r to construction. (2) The required ire flow for this development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property mus be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit archit ctural drawings, including site plan, floor plan, elevations, d or and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Departme t approval is required. (3) Submit code a clysis and justification showing the following: Each buildi ig square foot Each buildi ig height Type of construction Sprinklers stem Each group occupancy Property line location in relation to each building (side yard) Exit analysis for each building (occupant load/corridor rating/exit idth/exit signs) 14 • Accessibility analysis for the entire site and for each building • Shaft ratirig/exterior walls con structionlopening protection (4) The minimu design load for wind in this area is 80 M.P.H. exposures " " and the site is within seismic zone four (4). The applicant she II submit drawings and calculations prepared by a licensed Arc itect/Engineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, re trooms, drinking fountains, etc. (7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface wat r shall rirain away from building at a 2 percent minimum slo e. (9) Specific location of tempered glass as required by code. (10) All restaurants shall be equipped with grease interceptors. All food establ shments shall obtain County Health and Environmental waste permits. (11) Submit grad�ng plans showing clearly all finish elevations, drainage, an retaining walls locations. The City Council shall: (a) Certify to thel adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 6TH DAY OF DECEMBER, 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Carol Herrera, Mayor 15 I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was approved and passed by the City Council of the City of Diamond Bar at its regular meeting held on the 6th day of D cember 2005 by the following vote: AYES: Council Members: hang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: Council Members: one ABSENT: Council Members: i one ABSTAIN: Council Members: ATTEST: Lifida C. Lowry, City Cie City of Diamond Bar 16 ,tl it II DIAL►IOD B11RII� STANDAR ;OMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT CONDITIONS (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: Country Hills DB, L LOCATION: West of Diamond Cold Springs Ln. ALL OF THE FOLLOWING COND McCarthy Blvd., between Fountain Springs Rd. and ONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT TOE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, an J 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 f CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the tim period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a pa y of any such action: (a) Applicant shall prov de a defense to the City defendants or at the City's option reimb rse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. 17 The City shall promptly i proceeding, and shall coop the applicant of any claim, action of fully in the defense thereof. 2. Signed copies of City Council Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations 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. 3. Revised site plans and buil ing elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a Custom lot subdivision, or approved use has commenced, whichever corr es first. 8. Prior to any use of the pro thereon, all conditions of ac B. FEESIDEPOSITS 1. Applicant shall pay developn Building and Safety, Public V Monitoring) at the establishe+ building or grading permit (v% School fees shall be paid pric the applicant shall pay all processing fees prior to thi permits, whichever come firs site or business activity being commenced val shall be completed. lent fees (including but not limited to Planning, forks and Engineering Divisions and Mitigation I rates, prior to final map approval, issuance of hichever comes first), as required by the City. r to the issuance of building permit. In addition, remaining prorated City project review and map's recordation or issuance of building IN C. 0 2. All deposit accounts for TIME LIMITS 2. processing of this project shall have no deficits. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance staling that they are aware of and agree to accept all the conditions of this appr val. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. SITE DEVELOPMENT The project site shall I conformance with the appr Council including: site plar colors, landscaping, sign Division, the conditions coi ie developed and maintained in substantial Dved plans submitted to and approved bythe City s, architectural elevations, exterior materials and program, and grading on file in the Planning stained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with thE City, 90 days prior to the issuance of a grading permit. All costs related to he ongoing monitoring shall be secured from the applicant and received by he City prior to the approval of the final map. 3. A property management parking agreements for all joint maintenance of all landscaping shall be provi prior to issuance of buildin provided ensuring access 4 recorded concurrently prio ssociation (HOA) shall be formed. Reciprocal parcels and maintenance agreements ensuring common roads, drives, parking areas and led by CC&R's or deeds and shall be recorded, I permit. Reciprocal access easements shall be all parcels by CC&Rs or by deeds and shall be to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. All building numbers andindividual units shall be identified in a clear and concise manner, including roper illumination. House numbering plans shall 19 E. E be submitted to and approed by the City Engineer prior to issuance of building permits. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. LANDSCAPE, PRESERVED ANDIPROTECTED TREES 1. Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and su mitted to the Planning Division for review and approval prior to issuance o building permits. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. SOLID WASTE The site shall be maintained and after the construction, granted herein. The remova or subsequent to constructi applicant or by a duly permit by the City to provide collect from residential, commercia City. It shall be the applicant utilized has obtained permit: services. i a condition, which is free of debris both during ddition, or implementation of the entitlement of all trash, debris, and refuse, whether during n shall be done only by the property owner, 3d waste contractor, who has been authorized )n, transportation, and disposal of solid waste construction, and industrial areas within the s obligation to insure that the waste contractor from the City of Diamond Bar to provide such 2. Mandatory solid waste disp sal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacle(s) are requ red and shall meet City standards. The final design, locations, and thenumber of trash receptacles shall be subject to City Planner review and apprDval prior to the issuance of building permits. 4. Central trash enclosures shall be equipped with recycling receptacles. I APPLICANT SHALL CONTACT DIVISION, (909) 839-7040, FOR CONDITIONS: A. GENERAL/SUBDIVISION E ENGINEERING/PUBLIC WORKS I4PLIANCE WITH THE FOLLOWING 1. Prior to final map approval c r issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. 2. Prior to final map approval c r issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval c r issuance of building permit, whichever comes first, if any public or private improvements required as part of this project have not been completed b applicant and accepted by the City, applicant shall enter into an agreement with the City and shall post the appropriate security. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer, 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guar nteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. VA 91 E Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shalla obtained from the Public Works Division in addition to any other permit required. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 21 B. 10. Easements, satisfactory tote City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication tote City. 11. Prior to occupancy,.the app icant shall provide to the City as built mylars, stamped by appropriate indi iduals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related pla s, at no cost to the City. 13. All activitieslimprovements p oposed for this project shall be wholly contained within the boundaries of the project. Should any off-site activities/ improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. GRADING No grading or any staging or construction shall be performed prior to issuance of building permits. 2. Exterior grading and con,- equipment on:equipment and materials an( limited to between the hour! Friday. Dust generated by reduced by watering the accordance with South Coag Rule 403. Reclaimed water all construction equipments ruction activities and the transportation of operation of heavy grading equipment shall be of 7:30 a.m. and 5:30 p.m., Monday through grading and construction activities shall be A prior to and during the activities and in Air Quality Management District Rule 402 and hall be utilized whenever possible. Additionally, all be properly muffled to reduce noise levels. 3. 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 six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading rdinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 6. Prior to issuance of grading approved by the City Engine ermits, storm drain improvement plans shall be :r and surety shall be posted and an agreement 22 C. executed guaranteeing of the City Engineer. 7. Final grading plans sF recommendations of the fir All remedial earthwork spe the grading plans. Final g California registered Civil I registered Engineering Ge 8. A Standard Urban Storm, City Ordinance is requir( approved by the City Engi Treatment Control Best N the grading plans for respectively. 9. Prepare a horizontal co plan for review and app DRAINAGE etion of all drainage facilities to the satisfaction li be designed in compliance with the I detailed soils and engineering geology reports. Pied in the final report shall be incorporated into ding plans shall be signed and stamped by a zgineer, registered Geotechnical Engineer and ogist and approved by the City Engineer. ter Management Plan (SUSMP) conforming to to be incorporated into the grading plan and er. The applicant shall incorporate Structural or iagement Practices for storm water runoff into onstruction and post -construction activities plan and submit concurrently with the grading All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual imps ts. 2. All drainage improvement,, subdivided properties shall for construction upon any entering, leaving, or within requested. 3. Storm drainage facilities sh in easements satisfactory i Flood Control Districts. All by the County of Los Ang applicant. D. UTILITIES E. necessary for dewatering and protecting the )e installed prior to issuance of building permits, parcel that may be subject to drainage flows a parcel relative to which a building permit is I be constructed within the street right-of-way or the City Engineer and the Los Angeles County torm drain facilities plans shall be plan checked es and all fees required shall be paid by the Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engi eer and the respective utility owner. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in 23 the sewerage system to be division. If the system is foi shall be resolved to the satis used as the outfall for the sewers in this land ind to be of insufficient capacity, the problem faction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitati n District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by Linscott, Law & Greenspan engineers dated my 25, 2005, priorto issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plurr bing Code, Uniform Mechanical Code, and the 2001 National Electrical C de) requirements and all other applicable construction codes, ordinan es and regulations in effect at the time the application was approved. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, L niform Plumbing Code, and the 2001 National Electric Code and all other e pplicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 4. Fire Department approval is equired. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 24 7. Retaining wall design and calculations shall be submitted to the Public Works/Engineering divisio for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACTTHE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCEWITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during onstruction in accordance with Fire Department requirements. 2. All required fire hydrants shall be installed and tested and accepted prior to construction. 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