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HomeMy WebLinkAbout01/11/2011PLANNING FILE COPY COMMISSION AGENDA January 11, 2011 - 7:00 P.M. South Coast Air Quality Management District Government Center Building Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Chairman Tony Torng Vice Chairman Kathleen Nolan Commissioner Kwang Ho Lee Commissioner Steve Nelson Commissioner Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive; and are available for public inspection. If you have questions regarding an. agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. in an effort.to comply with the requirements of Title /I of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any, type of special equipment, assistance or accornmodation(s) in order to communicate at a City public .meeting must inform the Communityevelopment Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper, drinking in the Auditorium and encourages you to do the same PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A memberof the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However; in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the .Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of. view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law' (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, ,upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by ,the. Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are 'available by giving notice . at least' three business days, in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through -Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of.Meetings (909) 839-7030 General Agendas (909) 839-7030 . email: in(7afoci:diamond-bar.ca:us CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Kathleen Nolan, Kwang Ho Lee, Steve Nelson, Jack Shah /PUBLIC COMMENTS• 2: MATTERS FROM THE AUDIENCE Property Owner/ Kalathur and Anuradha Pattabiraman Applicant: 24201 High Knob Road Diamond Bar, CA 91765 Environmental Determination: This project has. been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 1530(e.2.b.) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required: Recommendation: Staff recommends that the Planning Commission approve Development Review No. PL 2010-296, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Time Extension for Conditional Use Permit No 2007-10 and Development Review No. 2006-11 — To recommend approval to the City Council for a one year time extension for a nine -unit residential condominium project on a 0.62 acre lot. Under the authority of Diamond Bar. Municipal Code Section 22.66.050, the applicant submitted a request for a one year extension of time to. begin construction. The project site is zoned High Density Residential -Planned Development Overlay (RH-PD) with a consistent underlying General Plan land' Use Designation. The project was approved on November 20, 2007; with a three (3) year time frame to obtain building permits and begin construction. Project Address: 23671 Golden Springs Dr. Property Owner: GSDB investment Group LLC 625 Fair Oaks Ave., #115 South Pasadena, CA 91030 7.3 PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Staff recommends that the Planning Commission recommend approval to the City Council the time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163.—The applicant is requesting to construct a 36,142 square -foot new three-story professional office building on a 41,110 square -foot (0'.94 acre), Community Commercial (C-2) zoned parcel with an underlying General Plan Land Use designation of General Commercial. A Tentative Tract Map is requested to subdivide air space for a 30 -unit office condominium, a Variance is requested to increase the building height from 35 feet to 39 feet, a Parking Permit is requested to share access and parking between the proposed development and Diamond Hills Plaza, the existing. shopping center, and a Comprehensive Sign Program is requested for the signage on the building. Project Address: 2705 Diamond Bar Blvd. Property Owner: Country Hills Holdings LLC 8115 Preston Rd.. #400 Environmental . Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). _A Mitigated "Negative Declaration incorporating a two-story retail/office building on the subject `property. was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project. as a whole, would not differ substantially from the. proposed, change and Would be less than significant from the previously approved project as a -whole. Pursuant to the provisions of Article 11, Section 15164, . an Initial Study/Environmental Checklist was prepared to evaluate. the potential environmental impacts that may result from the .development of the. proposed project. Upon the completion of. the environmental analysis, it was determined that, as conditioned, the proposed project would have: a less than significant effect on the environment. The proposed. change of this .property from a.two= story retaiUoffice building to a three-story office building would not generate environmental irnpacts substantially different from those indicated in the Mitigated .Negative :Declaration .approved on December 6, 2005:: Therefore, no further environmental review is required. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 14, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: . Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan and Chairman Ton'y Torng. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 12,.2010. C/Nelson moved, VC/Nolan seconded, to approve the October 12, 2010, minutes as amended by Chair/Torng. AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: None 4.2 Minutes of the Regular Meeting of October 26, 2010. C/Lee moved, VC/Nolan seconded, to approve the minutes as presented. Motion carried by the following Roll Call vote: i =! H A r A DECEMBER 14, 2010 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nelson, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. PL 2010-364— Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested approval to operate a 1,000 square foot. reading. tutoring center for children ages 6 to 13 within Plaza Diamond Bar. The subject property is zoned C-2 (Community Commercial) PROJECT ADDRESS: 2020 Brea Canyon Road, Suite A-5 Diamond Bar, CA 91765 PROPERTY OWNER: Plaza Diamond Bar Partners 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 APPLICANT: Sean Kim 955 N. Creekside Drive Fullerton, CA 92833 PT/Tobon presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL 2010-364, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Sean Kim, Applicant, responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. DECEMBER 14, 2010 PAGE 3 .3 PLANNING COMMISSION C/Shah asked if Mr. Kim was the owner of the business. Mr. Kim responded that his wife will handle the daily operation. Chair/Torng asked if 10 students were sufficient to support his business and Mr. Kim responded "yes." VC/Nolan moved, C/Nelson seconded, to approve Conditional Use Permit No. PL 2010-364, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah said it was unfortunate he had to miss a couple of meetings due to a family matter. He wished everyone a Merry Christmas and Happy New Year. VC/Nolan wished everyone a Merry Christmas and Happy New Year. C/Nelson wished everyone Seasons Greetings and Happy Holidays. 1 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman stated that staff received an inquiry today about what the City's regulations are on mobile food vendors. These businesses are permitted in the City. There is an approval process and there are applicable development standards. These vendors must obtain a City Business License and if they are going to locate in the City's right-of-way they need the appropriate encroachment permit and provide proof of liability insurance to indemnify the City. VC/Nolan said she had never seen the vendor. Would these types of businesses require the same regulations regarding the ABC restaurants? CDD/Gubman responded that the vendors would be subject to City permits and it would be their responsibility to obtain the Los Angeles County Health Department permits. C/Shah said he has seen these mobile units in his neighborhood and they have the health department sticker. DECEMBER 14, 2010 PAGE 4 PLANNING COMMISSION C/Nelson stated that the email addressing this issue claims that the owner of the "Get Shaved Ice" truck appeared before this Commission and that the response he received was that the person in charge of the Commission "has a problem with you and perhaps you can go through the process to obtain a permit." He does not recall that this business was before the Commission. CDD/Gubman said that did not happen at the City of Diamond Bar. C/Nelson referred to the second to last paragraph "please consider establishing a definitive process in which food trucks could apply for a proper permit." CDD/Gubman confirmed to C/Nelson the City already has that process. VC/Nolan asked if there were any issues of private car washes on the weekends and CDD/Gubman responded that the City allows car washes for non-profit and charitable purposes. Chair/Torng asked if (the mobile food vendors) can move around and do not have to stay in the same place all of the time to which CDD/Gubman responded that the City would need to receive the vendor's business plan and administer appropriate regulations. There are certain restrictions on residential zones and neighborhoods and there are regulations to ensure that they do not block any pedestrian foot travel or vehicle circulation. CILee asked if the vendors could do their business in a parking lot and CDD/Gubman said that if they do business in parking lots there is an approval process that requires approval from the property owner along with assurance that drive aisles, handicapped areas, etc., be kept accessible. Staff might approve private lot usage the same way in which it might approve a Christmas tree lot or parking lot sale, for example. CDD/Gubman stated that at last Tuesday's City Council meeting, by a 3-2 vote, the City Council accepted the V\1VUSD's request to change the Specific Plan from a mixed use project to 100 percent residential. The formal direction provided to staff was to continue processing this as a 200 -unit residential development with a minimum neighborhood park of two -acres. Staff will be amending the MOU with the school district to reflect the change in the land use palette for the site and staff is working on the contract amendment with the City's EIR consultant to make the necessary changes to the environment documents in order to bring the final revised version of the Site D Specific Plan to the City Council for approval in March 2011. C/Shah stated that the project he worked on last year, the Emergency Operations Center for the City of Moreno Valley was announced as the best project of the year for APWA. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. DECEMBER 14, 2010 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:25 p.m. to January 11, 2011. The foregoing minutes are hereby approved this 11th day of January, 2011. Attest: Respectfully Submitted, Greg Gubman, AICP Community Development Director Tony Torng, Chairman I-LANNING COMMISSION. . 6W AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE DIAMOND BAR, CA 91765 - TEL. (909). 839-7030,- FAX (9019),861-13117,1 AGENDA ITEM NUMBER: 7.1 MEETING DATE: January 11, 2011 CASE/FILE. NUMBER:Development Review No. PL 2010-296 PROJECT LOCATION: 24201 High Knob Road, Diamond Bar, CA 91765 (APN 8704-047-001) -, APPLICATION REQUEST:. To construct a two-story 1,566 square -foot addition to an existing 1,507 square -foot, single- family -residence on a 14,841 gross square -foot (0.34 acre) lot. The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential: PROPERTY OWNERS: Kalathur and Anuradha Pattabira,man 24201 High Knob Road Diamond Bar, CA 91765 - APPLICANT: Kalathur and Anuradha Pattabiraman 24201 High Knob Road Dia mondBar;"CA 91765 STAFF RECOMMENDATION: Approve subject to conditions ANALYSIS: Review Authority (Diamond Bar Municipal Code (QBMQ Section 22.48) Additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on-site or greater require Planning Commission approval of a Development Review application. .Approval of a Development Review is required to ensure compliance with the City's General Plan policies, development standards and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Development Review The following table compares the proposed project with the City's development standards for residential development in the RL zone: DR No. PL 2010-296 Page 3 of 6 Site and Grading Configuration: The site is level with the street and no grading is. required. Elevations:. The existing architectural style is a 1980s tract home design with hipped roof forms, concrete tile, stone veneer, wood siding, stucco walls, and vinyl doors and windows. The proposed addition will maintain the existing architectural style of the existing residence and will be, consistent with the surrounding architecture of the neighborhood. Landscaping: Landscape plans are not required. because the site is. alread y developed, and because the project is .exempt from the City's Water . Conservation• Landscaping Ordinance. The ordinance would only apply if 2,500 square feet or more of the existing landscaped area was being altered. However, landscaping that is damaged during construction will need to be restored upon project completion.. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The project will not negatively affect.the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the surrounding community. The project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of, the City's Residential Design Guidelines as follows: DR No. PL 2010-295 Page4_ of 6 Cgbag"[N t� ME r., 201, 24'-10" 24'-10" Yes -P �J F -O." on one side & 10'-0" on the otherYes 20'-6"— east s . ide 16-1 east side side. 25'-6"— west side 15'-8"— west side 15, 951-61' west side 90'-1 west side Yes 39'-3" — east side 29'-3" — east side 4t xim 511: I P- bad Eli Ig bad 20' 100'-5" 681-911 Yes N I I - I -to-of ffisli'. F-1 E, 11 H. m , Maximum of 40% 19.2%, Yes 36-0" 151-9"-011 24' Yes *1 .".0, N 2 -car garage rage 2 -car garage 2 -car garage Yes % Site and Grading Configuration: The site is level with the street and no grading is. required. Elevations:. The existing architectural style is a 1980s tract home design with hipped roof forms, concrete tile, stone veneer, wood siding, stucco walls, and vinyl doors and windows. The proposed addition will maintain the existing architectural style of the existing residence and will be, consistent with the surrounding architecture of the neighborhood. Landscaping: Landscape plans are not required. because the site is. alread y developed, and because the project is .exempt from the City's Water . Conservation• Landscaping Ordinance. The ordinance would only apply if 2,500 square feet or more of the existing landscaped area was being altered. However, landscaping that is damaged during construction will need to be restored upon project completion.. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The project will not negatively affect.the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the surrounding community. The project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of, the City's Residential Design Guidelines as follows: DR No. PL 2010-295 Page4_ of 6 ® The proposed addition will conform with all development standards, including building height and setbacks, which is consistent with other homes in the neighborhood; ® The proposed addition will .be a two-story addition, and will not exceed the height of 24'-0", and the surrounding homes in the neighborhood are two -stories; ® The proposed addition will be located in the rear of the existing residence; ® The project is designed to minimize the negative impacts on surrounding homes. A transition between the project and adjacent properties is achieved through appropriate setbacks; and ® The project is designed to be appropriate in mass and scale to the site and incorporates existing design elements. "k'��4Y' i'C.'.f' _ dS'Wo�'_n �k.'F.. �ea+ ,,.,^5 � 'J��'i,.i• tyr.�xa5t- 't"'3:si Adjacent Home to Left (West) Project Site Adjacent Home to Right (East) Additional Review The Public Works Department and Building and Safety Division reviewed this project; and their comments are included in the attached resolution as conditions of approval NOVICE OF PUBLIC HEARING: On December 31, 2010, public hearing notices were mailed to property owners within a 500 -foot. radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the. site, and a copy of the notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ,ASSESSMENT, This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article `19 Section 15301(e.2.b) .(additions to existing structure provided that theaddition will :not. result in an increase of more than 10,000 square feet if the area in which the project Page 5 of 6 DRNo. PL 2010-296 - is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Development Review No. PL 2010-296, to allow an addition of 1,566 square feet to an existing single-family residence, based on the findings of DBIViC Section 22.48, subject to conditions of approval as listed within. the draft resolution. Prepared by: Reviewed by: Davi Ivarez Grace S. Lee Assistant Plaer` Senior Planner DR No. PL2010-296. Page 6.of 6 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2011 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2010-296, A REQUEST TO CONSTRUCT ,1,566 SQUARE FEET TO . AN EXISTING 1,507 SQUARE -FOOT, SINGLE-FAMILY RESIDENCE LOCATED AT 24201 HIGH KNOB ROAD (ASSESSORS PARCEL NO. 8704-047-001) A. RECITALS 1 Propertyowners and applicants, Kalathur and Anuradha Pattabiraman, have filed an application for Development Review No. PL2010-296 to construct 1,566 square feet to an existing 1,507 square -foot, single4amily residence located at . 24201 High Knob Road, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, -the subject Development Review shall be referred to as the "Proposed Project. 2. The subject property is comprised of one parcel totaling 14,841 square feet (0.34 acres). it located in the Low Density Residential (RL) zone with an underlying General Plan Land Use designation of Low Density Residential (RL). 3. The legal description of the subject property is Tract Map Number 33020 Lot 1. The Assessor's Parcel Number (APN) is 8704-047-001. 4. On December 31,2010; notification of. the public hearing for this project was published in* the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. ` Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public' notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On January 11, 2011, 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: B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:',,.,, 1 This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals,' Part A; of this Resolution are true and. correct; 2. The .Planning Commission hereby, determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19; Section'A 5301 (e.2:b) (additions to existing structure provided that the addition will not result _in an..increase of.more than 10,000: square- feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. Therefore, no further environmental review is required: C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond. Bar Municipal Code (DBMC) Section 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the . proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The existing single -family residence is a permitted use in the RL zone. The proposed addition of 1,566 square feet to an existing single -family residence complies with the Development Standards of the RL zone and is consistent with the applicable elements of the City's General Plan and City Design Guidelines: The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed expansion of a single -family residence is consistent with the General Plan Strategy 1.2:4: "maintain residential areas which provide for ownership of single -family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood." The subject property is not located within a specific plan area. 3. 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 this chapter, the general plan, or any applicable specific plan; The existing architectural style is a 1980s tract home design with hipped roof forms, concrete tile, stone veneer, wood siding, stucco, and vinyl doors and windows. The proposed addition will maintain the existing architectural style and is consistent with the development: standards for the site and surrounding neighborhood. 4. The design of the proposed development will; provide a desirable environment for. its occupants and visiting public as well as its neighbors through good aesthetic use of materials, 'texture and color, and will remain aesthetically appealing; 2 Development Review No. PL 2010-296 The subject site is physically suitable for the existing single-family residence and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses and with the development standards for the RL zone. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution, and the Building and SafetyDivision and Public Works Departments, and Los Angeles County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt` from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301.'(e.2.b) (additions to existing structure provided that the addition Mill not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. - Based on the findings and conclusions set forth above, the Planning. Commission hereby approves the proposed project subject to the following conditions and the attached standard conditions: 1. Development shall substantially comply with the . plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. 2. Window and door designs shall be consistent in terms of style and general arrangement on all sides of the building. Wood trim shall be added to all existing and proposed windows and doors. terials such as roof type. and pitch,, building 3: The design, construction ma materials and paint colors of the proposed addition shall be architecturally, consistent to match the existing house. 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: Kalathur and Anuradha Pattabiraman, 24201 High Knob Road; Diamond Bar, CA 91765. 3 .296 Development Review No. PL 2.010 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CON.D.IT.IONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2010-296 SUBJECT: To construct 1,566 square feet to an existinq 1,507 square -foot, single familyresidence. PROPERTY Kaiathur and Anuradha Pattabiraman, 24201 High. Knob Road, OWNER(S): Diamond Bar, CA 91765 —1 eno wnriha Pattabiraman, 24201 High Knob Road, (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall 'promptly notify the applicant. of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. PL 2010-296 at the City of Diamond Bar.Community Development Department, their. affidavit stating that they are aware of and agree to accept all the conditions of this approval Further, this approval shall not be effective until the , applicants pay_ remaining City processing fees, school fees and.fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business. License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 20114M 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. 5. Prior to the plan check, revised site plans and building elevations incorporating all conditions of approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 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. 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. 9. All site, grading,. landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior.to issuance of Citypermits (such as grading, tree` removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove` the public hearing notice board within three (3) days of this project's approval. 11; The applicant. shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 6 -296 Development Review Nd. PL 2010 B. FEES/DEPOSITS 1. 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 permits, as required by. the City. School fees as requiredshallbe 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. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review shall expire within two (2) years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal. Code Section .22.66.050,,(b)(1). The applicant may request in writing a one year ` time extension subject to Diamond Bar Municipal Code Section 22.60.050.(c) for Planning Commission approval. D, SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved; and amended herein by the Planning Commission, on file with the Planning. Division: site plans, floor plans, and architectural:elevations, the conditions contained herein, and. Development Code regulations.` 2 All ground -mounted utility appurtenances such as transformers, air conditioning condensers,etc.:; shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms; and/or landscaping to the. satisfaction of the Planning Division. 3.. All roof -mounted equipment shall be screened from public view. . 4. All structures, including walls, trash enclosures,. canopies, etc., shall , be maintained in a: structurally sound, safe manner with a clean,. orderly appearance: All graffiti shall be. removed within `72 hours by the property owners/occupant., 5. All landscaping, structures, architectural features'` and public; improvements damaged during construction shall be repaired: or replaced , upon project completion. E. SOLID WASTE 1. The site shall be. maintained in a condition, which is free of debris both during and 'after. the , construction; . addition, 'or. . implementation of the entitlement approved .herein:' The: removal of all trash, ,debris, and refuse, whether during or subsequent to construction shall be done only by. the property owner, 7 Development Review.No. PL 2010-296 applicant or by a duly permitted waste contractor, who has been authorized by the City to providecollection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas. within the City. It shall be the' applicant's 'obligation to insure that the; waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid "waste disposal services shall be_ provided by the City franchised waste hauler to all parcels/lots or uses affected .byl. approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. 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. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and. 5:00 p.m., Monday:,through. Saturday.- Dust generated by grading and construction. activities shall be reduced by watering the soil prior to and during the activities and in accordance with _South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE 1: Detailed drainage system information of the lot with careful attention to any flood hazard'area` 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, C. UTILITIES 1. Underground utilities shall not be constructed Within the drip line of any mature tree except as approved by a registered arborist: Development Review No. PL 2010-* APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:. 1.. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if. the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5.(occupancy of the facilities shall not commence until such time as all Uniform Building.; Codea nd State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6.. The minimum design load for wind in this area .is 85 M.P.H. exposures °C" and the site is within seismic category (D). The applicant shall submit drawings and C alculations prepared by a California State. licensed Architect/Engineertyith wet stamp and signature. 7: This project shall comply with the 2008 Energy Code requirements of the State of California Energy Commission. Kitchen and. bathroom lights shall be fluorescent. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by - city, franchised contractor or by a licensed demolition contractor, subject too compliance with specific permitting `and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be. required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building and Safety Division to take directly, to the school district. 9 Development Review,No. PL 2010-296 Ig9 R 00 > loll INK >1 3 z mZ m 1 BR 9m � , 6 ITT z a m 0 o % "p p p O 'p > In o a 'hill 1 fill w! 10'"Alm 111\1 Am I,��nu�tti\tipN W-1 00 > loll INK >1 3 z mZ m 1 BR 9m � , 6 ITT z a m P OJE=ESCRIFMON: a, PRW ww�-4 PROPOSED FIRST& SECOND FLOOR ADDITION ti yAND INTERIOR REMODEL > Za� P1111A1111: VA R>c ILA 24201 HIGH KNOB RD. DIAMOND BAR, CA. 91765 5`5c Z :4 0 OWNER'S NAME: P. KALATHUR & ANUPADHA OATTABIRAMAN w! 10'"Alm 111\1 I,��nu�tti\tipN W-1 P OJE=ESCRIFMON: a, PRW ww�-4 PROPOSED FIRST& SECOND FLOOR ADDITION ti yAND INTERIOR REMODEL > Za� P1111A1111: VA R>c ILA 24201 HIGH KNOB RD. DIAMOND BAR, CA. 91765 5`5c Z :4 0 OWNER'S NAME: P. KALATHUR & ANUPADHA OATTABIRAMAN IN" EU 0-4 P, Z I T I IP '4444'4 3 8 (F)ISIS - 8 sic z 4 4 4 444 4 44 g 0 a 0 00 p iI F 0 RD c m h P PROJECT DESCRIPTION: IF IRWREI -DMMmP wrm PROPOSED FIRST SECOND FLOOR ADDITION AND INTERIOR REMODEL 2 zC) PROJECT ADDRESS: j 0 24201 HIGH KNOB RD. DIAMOND BAR, GA. 91765 BUILDING 8 DESIGN eOMEWSNAMF-' z KALATHUR & ANUFADHA PATTABIRXMAN AOR x B Q 5 c P min r ?D z c� 4z :E m N y BoaEl kz —1 min r ?D z c� 4z :E m N y BoaEl HIS E 0 000 0 9 p 2 .m m: .• '. PROJECT DESGRIPRON: ;.: ntvi;�oxs wre �uvsncwrvnps k p S r7. o e R Z m N A=1 0Z D L1 2 � � vaonaEturcumNxrnelmunmoRUAnuv PROPOSED FIRST & SECOND FLOOR ADDITION AND INTERIOR REMODEL PROJECTAOORE55:. ,,.. ., vAFZ BUILDING 6 DESIGN j q n rn y 24201 HIGH KNOB RD. DIAMOND BAR, CA. 91AS a 0 S i ➢ 'ONMERS NAME �� _ -. .>�. KALATHUR & ANURADHA PATTABIRAMAN Z O S TWE em O Z T DO 7"V em Z� 0 Z U1 z 0 0 k, JPRa [;-,g, ag 1011-All P 1 a4 A JB Q 4x ` H z u IRB H-11 � I i sA1111 111s 6° R g -Z I . I glml > ji >0 6� H119H H i 0 qgffi� v. t C) :i 2 0 WHIB 2 Mg q tfl. -4M — , z finji In ge --£ P, 11 Ill U 0 M11 Fa g3 is "I g I z°@e F y z tit, In I e 1q, HUI zj HIP RH fl: Rp g� 11 S p 21 PROJECT DESCRIPTION: 0pampromymmsoomwamTof PROPOSED FIRST & SECOND FLOOR ADDITION -7-7 NK INTERIOR REMODEL.,: m F-, r--= LA > 2 m:j PRO ECTAODRESS: BUILDIN19; DESIGN t a Sn 24201 HIGH KNOB RD. DIAMOND BAR, CA: 91765 0 OWNER'S NAME: KALATHUR 8 ANURADHA PATTABIRAMAN t\ m n g 3 PNOFItlEfIJlfM9LN6EJ=WRWATIWI PROJECT OESCRIPTIOM. .. PROPOSED FIRST B SECOND FLOOR ADDITION nEv�siac as -------------------- 1 p ]p1 ii i INTERIOR REMODEL a ..: 1 9 � 2q � O T m m PROJECTAOORESS: \/A F2 E— L A BUILDING a DESIGN ,m R� h e P 24201 HIGH KNOB RD. DIAMOND BAR, CA: 91765 4� e G % OWNER'S NAME JT KALATHUR' & ANURAOHA PATTABIRAMAN p�py f A A J� Iu m n g 3 PNOFItlEfIJlfM9LN6EJ=WRWATIWI PROJECT OESCRIPTIOM. .. PROPOSED FIRST B SECOND FLOOR ADDITION nEv�siac as RAND o INTERIOR REMODEL a ..: O T PROJECTAOORESS: \/A F2 E— L A BUILDING a DESIGN ,m R� h e P 24201 HIGH KNOB RD. DIAMOND BAR, CA: 91765 G % OWNER'S NAME KALATHUR' & ANURAOHA PATTABIRAMAN �00000 6 bbb R 2 D00E)01� 3 3 '� 'e -•3 F I i I e € sill mz c 4 c m �' rmm i Oi7'>O �zx§Zi I ED00000 Pl Q- T—E=D �®®00O®®®® e. g @ 0 E 0000 A p S PROJECTOESCRIPTION: C PROPNflAItYNIR�1R0E111V10RONM1Yk1 PROPOSED FIRST& SECOND FLOORADOITION AND INTERIOR REMODEL ao VAR�LP: PROJECTAOORESS: m ! Z', s pU1LDING 8 DESIGN o g m b ® 24261 HIGH KNOB RD. DIAMOND BAR,. CA. 91765 . G 2 OWNERS NNAE:. _ KALATHUR $ ANURADHA PATTABIRAMAN PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE DIAMOND BAR; CA 91765 TEL. (909) 839-7030 FAX (909) 861-3117 AGENDA ITEM NO. 7.2 MEETING DATE: January 11, 2011 CASE/FILE NUMBER: Conditional Use Permit . No. 2007-10 and Development Review No. 2006-11 PROJECT LOCATION: 23671 Golden Springs Drive (Los Angeles County Assessor's Parcel Number 8281-028- 030) APPLICATION REQUEST: To recommend approval to the City Council for a one year time extension for a nine -unit residential condominium project on a 0.62 acre lot zoned High Density Residential—Planned Development Overlay (RH'-PD) with an underlying General Plan' designation of High Density Residential. The project was approved on November 20, 2007, with a three (3) year time frame to obtain building permits and begin construction. PROPERTY OWNER: GSDB Investment Group LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 STAFF RECOMMENDATION: Recommend approval to City Council On September 11, 2007, the Planning Commission recommended approval to the City Council for Tentative Tract Map No. 64881, Negative Declaration No. 2007-03, Zone Change No. 2006-01, Conditional Use Permit No. 2007-10, and Development Review No. 2006-11, to construct a nine -unit, detached residential condominium subdivision at 23671 Golden Springs Drive. The property is located in the High Density Residential - Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. The approval for the entitlements included a three (3) year time frame to obtain building permits and begin construction. The staff report and resolution from the November 20, 2007, City Council meeting is included in Attachment 2.. ANALYSIS: -Review Authority (Diamond Bar Municipal Code Section 22.66.050) An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department. As explained below (see Project Status), the applicant has not yet obtained a grading permit, which is required prior to building permit issuance. Therefore, the applicant has been unable to start construction prior to the expiration date of the City Council approval, and as a result submitted a request for an extension of time to the City on October 18, 2010.. A time extension is not required for the Tentative Tract Map pursuant to Assembly Bill (AB) 333, Subdivision Map Act Extension. AB 333 automatically extends subdivision maps that do not expire prior to January. 1, 2011, for an additional two years. This extension is additional to the automatic one year time extension granted by Senate Bill 1185. The automatic time extensions do not include time extensions for entitlements associated with tentative maps that have been automatically extended. The extension of time request does not change the approved project in any way. The conditions of approval set forth in the City. Council Resolution No.. 2007-63 will not change with the approval of an extension of time. Project Status The applicant is currently working with the Public Works/Engineering Department and the adjacent homeowners association to resolve drainage issues that have delayed the project. The applicant has set up a tentative time table for the project and plans to secure a drainage agreement by the end of January. Because the applicant has been actively working with the. Public works/Engineering Department to finalize the grading plan, staff supports the applicant's request for a one year extension, of time. Page 2 of 3 CD: Staff Reports-PC/Golden Springs 23671 Time Extension Jan. 11 2011.docx NOTICE OF PUBLIC HEARING: On December 30, 2010, public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and on December 31, 2010, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act, (CEQA). Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20, 2007. No further environmental review is required to extend the time limit for the approved project. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending the approval to the City Council for a one year extension of time for Conditional Use Permit 2007-10 and Development Review 2006-11, based on the findings of Diamond Bar Municipal Code Section 22.66.050 of the Development Code, subject to conditions of approval as listed within the draft resolution. Prepared by: Natalie Tobon Planning Technician Reviewed by: 4Grac.�L�eSe�g Senior Planner Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2011 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND. DEVELOPMENTREVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIAL' CONDIMUNIUM LOCATED AT 23671 GOLDEN' SPRINGS DRIVE, DIAMOND BAR, CA 91765 (APN 8281-028-030). A.` RECITALS 1. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine -unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit and Development. Review shall be referred to as the "Proposed Project." At that time, the Planning Commission adopted Resolution No..2007-63 recommending City Council approval of the application. 2. .On November.20, 2007, the City Council of the City of.Diamond Bar conducted and. concluded a duly noticed' public hearing on the Proposed Project. , This approval included an initial three-year expiration date for, the applicant to commence construction. 3. The subject property is made up of one parcel totaling .62 acres. It is located in the High Density Residential* Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential 4. The legal description of the. subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-.028-030. 5. Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning' Commission to recommend approval to the City Council for. a time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions 6. Applicant, Joe Kwok, on behalf of. GSDB Investment Group, LLC, has filed a request for one-year extension of time for the Project. 7. On December 31, 2010, notification of the public hearing for this project was Published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers: Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at. the City's designated community posting sites. In addition to the published and mailed notices, the. project site was posted with a display board. 8. On January 11, 2011, 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:: B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1: 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. 2. On September 11, 2007, the Planning Commission determined the Project required a Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California. Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 -day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the City Council has reviewed and approved the ND and related documents in reference to the Project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby finds as follows: 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance,. or the Development Code. The construction of a nine -unit residential condominium is consistent with the zoning designation and will not be altered in any way by approving the requested .extension of time and all conditions of approval adopted by City Council Resolution No. 2007-63 will remain in full force and effect. 2. There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and Since the time the Planning Commission recommended approval of the project to the City Council, there have been no changes to the character of the site or its surroundingsthat affect how the policies of . the, General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project. 3. There have been no changes to the capacities of.. community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the time the Planning Commission' recommended the approval of the project to the City' Council, there have been no changes to the: capacities of 2. community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby recommends to City Council the approval of the Application subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. 2. All conditions of approval for Conditional Use Permit No 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No. 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007=10 and Development Review No. 2006-11 to. November 20, 2011. 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 Mr. Joe Kwok; GSD13 Investment Group, LLC, 625. Fair Oaks Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 11th DAY OF JANUARY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Tony Torng, Chairman I, Greg Gubman,- Planning Commission Secretary, do hereby certify that the foregoing nd adopted; at a regular meeting'of the Planning Resolution was duly introduced, passed, a Commission held on the 11th day of January, 2011, by the following vote:. AYES: Commissioners: NOES: Commissioners: ABSENT:Commissioners: ABSTAIN:. commissioners:, ATTEST.. Greg Gubman, Secretary 3. Attachment 2 PLANNING COMMISSION P ?'J89 AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) B61-3117 AGENDA ITEM. NUMBER:` t MEETING DATE: September 11, 2007 - CASE/FILE NUMBER: 1. Negative Declaration No. 2007-03 2. Zone Change No. 2006-01 and Planned Overlay District 3. Tentative Tract Map No. 64881 4. Conditional Use Permit No. 2006-10. - 5. Development Review No. 2006-11 PROJECT LOCATION: 23671 Golden Springs Drive APPLICATION REQUEST: To demolish the existing drive-thru market and . subdivide 0.62 acres into a nine unit, detached residential condominium complex. PROPERTY OWNER/ GSDB Investment. Group, LLC APPLICANT: Mr. Joe Kwok 625 Fair Oaks Avenue, # 1157 South Pasadena, CA 91030 STAFF RECOMMENDATION: Recommend to. City Council the following actions: adoption of Negative Declaration No. 2007-03; approval. of ,Zone Change No. 2006-01 with Planned Development Overlay; approval of Tentative Trace Map No. 64881; approval of Conditional Use Permit No. 2007-10; and approval of Development Review No. 2006-11. Development Feature RH-PD Development Pro osed p Meets Regmts Standards Side setback 5 ft. 5 to 10 ft. N/A (See CUP discussion Yes Yes Rear setback 20 ft. below. 30% 30% Yes Lot coverage Maximum 35 ft. 35 ft. Yes Height Drive isle/back-u area 26 ft. 26 to 31.25 ft. Yes Yes 15% 24% 2. Site Review The proposed nine units are detached, two story and vary in size from 1,663 to 1,904 square feet. Each has its own entrance, patio area, pirvate open space, two car garage and guest parking. Each unit is required to have two parking spaces within a garage. Additionally, each unit has its own guest parking space. The garages face into the project site, are semi - subterranean and will not dominate the streetscape. The project site is surrounded by slump stone walls. Interior walls between the units will be stucco or wrought iron. The project provides common planting and hardscape areas and a fountain between Units Seven and Eeight. 3. Architectural Features Colors Materials Floor Plan etc. The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surroundingarea through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. The proposed architectural style is Mediterranean. The units' elevations are architecturally treated by using elements such as balconies with wrought iron railings, moldings and corbels, cantilever windows, recessed entries and varying planes. These architectural elements create interest and divide the elevations so that the units do not appear massive. Furthermore, the tuck -under parking reduces the scale of the building at the street level_ Earth tone colors in shades of tan will be used for the stucco: Brown will be used for all doors and balcony railings. Tile roofs in shades of tan and terracotta reflect the stucco colors Slate that reflects the colors use for stucco and roof will be used to pave the entry to each unit. Entrance to the site and drive isle will be scored concrete. Page 4 .. TTM No. 64881 ` t � 4 Gradin The proposed development will cause approximately 3,150 cubic yards of cutand 327 cubic yards of fill with 2,823 cubic yards of earth exported. Most of the earth work is attributed to preparing the site for the semi - subterranean garages. 5. Landscape and Preserved/Protected Trees A' conceptual landscape plan was, submitted for this project. It has an extensive landscape palette that will enhance the aesthetic appearance of the project and provide a positive visual experience. to the public and those living :within the- development.. Prior to plan check submittal, the applicant will be required to submit a final landscape and irrigation plan to the Planning Division for review and approval. The landscape plan shall indicate the plant species, size, quantity, planting location and distance between plants. All landscaping and irrigation shall be installed prior to - final inspection or Certificate of Occupancy.- The ccupancy:The project site does not contain protected .tees listed in the Development Code. The site does contain 12 Eucalyptus trees along the north and east property lines. All the Eucalyptus trees will be removed and. other trees planted as shown.on the project's landscape plan. - 7. Neighborhood Meeting On September 1, 2007, the applicant held a neighborhood meeting at the . project site. One resident who lives on Platina Drive attended the meeting. The resident's main concerns were loosing the convenience of the mini mart and how the completed project would look. Earlier in the week, the applicant met with the property owners of 272 and 283 Platina Drive. These properties are on the west side of Platina Drive and their rear property line is the side property line of the project ' site. Their main concerns were losing the convenience of the mini -mart and the view from their backyards. According to the applicant, when the property owners understood the design of the project they were more accepting of the project. Furthermore, there are existing trees on the property of the two residences that will partially screen the view of the condominium. F. Conditional Use Permit for Planned Development Overla The purposed of a planned development overlay is to promote quality design, innovative site planning with greater flexibility in design. The planned development overlay allows the transfer of development rights and mixed uses consistent with the goals and policies of the General Plan. Additionally, the Planned development overlay allows for a modification of development standards such as setback requirements, height limits, parking requirements, floor area ratio, lot coverage, and open space requirements. The application for the planned development overlay requires the approve( of a Conditional Use Permit to modify the minimum development standards normally required in a specified zone. However, proposed development within a planned development overlay must comply with all other provisions of the Development Code. For this project, units 7 through 9 will not maintain the required 20 foot front setback. Unit 7 will maintain a varying front setback of 20 to 17.5 feet. Units 8 and 9 will maintain a setback of 17.5 feet. Because of the irregular shape of the site, the angle of the rear property line and the requirement to maintain a minimum 26 foot wide drive. isle for backing out of the garages, and to have an end product that marketable in terms of livable square footage a consistent 20 footfront setback can not be maintained. Considering the about of patio and planting areas in the front. yards and common area between units 7 and 8, staff believes that the front setbacks provided for these. units is appropriate for this. project. For approximately ten lineal feet a retaining wall with an exposed height, of nine feet is proposed at the west property line. Another wall in the..same area which encloses the side yard for unit one is proposed at the same height. These wails Page 6 TTM No. 64 .81 are needed because of the grade difference between the neighboring property and the project site. Almost all of the exposed height of the walls will be viewed from inside the project site. The applicant believes that the exposed height of the walls -could be reduced to eight feet. Because of the grade differences and the lineal feet of the walls is minimal and the walls will be viewed from inside the project site, staff believes that the height of the walls is appropriate for this project. Since the rear of each condominium unit faces the center of the project site and drive isle that is 26 to 30 ft. wide, there is not a rear yard_. However, considering that 24 percent of the project site is landscaped which exceeds the" minimum 15 percent requirement and the garages are not part of the 'streetscape, staff believes that the placement of the units is appropriate. Additionally., the purpose of setbacks is to provide light and separation between structures. The drive isle provides this. I G. Additional Review Public Works Department and the Building and Safety Division reviewed this project. Their recommendations are included in. the resolution as conditions of approval. H. General Plan, Design Guidelines and Compatibility with. Neighborhood The proposed project is consistent- with the General Plan in that it does not exceed the allowed density and with an. approved zone change the zone will be in compliance with the General Plan. :The project's design maintains the quality standards specified in the Design Guideline and Development Code: It is compatible with the existing residential neighborhood that surrounds the project site and an improvement to the out -date mini -mart. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to approximately 210 property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August: 16, 2007. -A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated. community posting sites by August 15, 2007. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions .of the California Environmental Quality Act (CEQA), Section 15070; the City prepared a'n Initial Study and Negative Declaration. for this. project. Pursuant to. CEQA Section 15105, the public.review period for the Negative Declaration No. 2007-03 began August 16, 2007 and ended September 4, 2007; During this review period, the City did not receive any comments' frorri the agencies notified.. Page 7-..'. TT.M No: 64881:. " RECOMMENDATIONS: Staff recommends that the Planning Commission recommend to City, .Council the adoption of Negative Declaration No. 2007-03 and recommend approval to City Council of Zone Change No. 2006-01 and Planned Development Overlay, Tentative Tract Map se Permit No. 2007-10 and Development Review No. No. 64881 and Conditional U approval and Standard Conditions, as listed 2006-11, Findings of Fact, conditions of within the attached resolution. Pr pared GG Aiewed : A n J. Lungu Nancy Fong, CP Associate Planner Community De pment Director Attachments: 1; Draft Resolution recommending approval of Zone Change No. 2006-01 and Planned Overlay District; 2. , Draft Resolution recommending approval of TTM No. 64881 and adoption of Negative Declaration No. 2007-03; 3. Draft Resolution recommending approval of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11; 4. Exhibit "A° dated September 11, 2007 — Tentative. Tract Map No. 64881, grading plan, site plan, elevations, sections, and landscape, hardscape and irrigation plan and colors and materials board; 5. Exhibit "B" Negative Declaration No. 2007-03; and 9 APriaf PLANNING COMMISSION RESOLUTION NO. 2007-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 64881 AND ADOPTION OF NINEATIVE DECLARATION NO. 2007-03 SET FORTH THEREIN FOR ANIT CONDOMINIUM RESIDENTIAL, SUBDIVISION LOCATED AT THE 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8281-028-030). A. RECITAL 1 The property owner/applicant, Joe Kwok, GSDI� Investment Group, LLC, hesfiled an application for approval of Tentative Tract' Map No. 64881 and adoption of Negative Declaration'No. 2007-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map and Negative Declaration shall be referred to as the "Application." 2. Public he notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site, A notice display boa posted the site,: and. a copy of the legal notice was; posted at the City's designated community posting sites. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On .September :1.1, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application: . B.. RESOLUTION ermined and resolved by the Planning Commission of NOW, THEREFORE, it found, det the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, ParCA, of this Resolution are true and correct. 2. The Planning Commission 'hereby finds that the project identified. above in this Resolution required a Negative Declaration (ND). ND No. 2007-03 has.been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The:�20'day public review for the ND began August 16, 2007, and.ended September 4, 2007. Furthermore; the Planning Cornmissioh has `reviewed the ND: and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and determines that changes and alterations have been required in or incorporated into and conditioned upon the project specified in the application, which mitigate or avoid significant adverse environmental impacts identified in ND No. 2007-03. 5. R The Planning Commission hereby recommends that the City Council adopt ND No. 2007-03 referenced herein as Exhibit "B" and hereby incorporated by reference and on file with the Planning Division. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station.. In 1986, the site building was remodeled into a mini -mart with drive-thru known as Diamond Jim's Dairy. (b) The project site has.a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C -1j zone. However, Zone Change No. 2006-01 within Planning Commission Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential -Planned Development (RH-PD) for General Plan compliance. (d) Generally the following zones and uses surround the project site: Site General Plan ZoneUses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (G1) Per Acre RH North & RH C-1 and R-1-8,000 Residential & West Condoms .. South Low Density Residential R-3=8,000 ' Church - Maximum 3 Dwelling Units_: Per acre (RL) 2 Planning Commission Resolution No. 2007-45 (e) The Application request includes the following: (1) Negative Declaration No. 2007-03 to addresimpacts that the proposed project may have on the environment; (2) Zane Change application to change the project site's zoning from C-. 1 to RH-PD-20 Dwelling Units/Per Acre for General Plan compliance; (3) Subdivision application to create a tract map for condominium purposes; (4) Conditions[ Use . Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing mini-mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. Tentative Ma Findings Pursuant to Subdivision Code Section 21.20 the Planning commission has made the following required findings: (f) The General .Plan land use designation for the project site is High Density' Residential (RH). The General Plan describes this designation as a residential land use category,for town homes, condominiums, apartments,., mily residential properties. This land use mobile homes and other multiple fa category can maintain.a maximum, density of 20 dwelling units per acre. The proposed map is anon-gated subdivision for a nine unit detached condominium development with private entry and drive aisle. The all ential General Plan density for the High Density Residdesignation and zoning district is 20 units per acre The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at 9 units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an ;extension of the existing development pattern in the project area which is condominiums and single -family residential As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (g) The project site is approximately 0.62 gross acres' (27,003 square feet) in area.. TTM 64881' proposes to create a common-nterest subdivision to facilitate the development of 9 detached residential condominium units with two car garages and guest parking for each unit, landscaping and private patios . ,In*accordance,`to .the General Plan density provisions, it is permissible to develop up t612 condominium units. However, the proposed density. of 9 units is 25 percent below General Plan. and zoning potential density.' Additionally, the . ND .prepared .for. this project reviewed the 3 Planning Commission Resolution No. 2007-45 suitability of the project site, circulation, grading, aesthetics, land use, etc. The ND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of conditions of approval. Therefore, the project site is physically suitable for the proposed type of development and density, (h) The ND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The ND concluded that with conditions of approval as discussed in the ND, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. (i) The ND analyzed impacts related to the design of the subdivision and improvements related to the project. The design of the project meets the standards set forth in Development Code and the City's Design Guidelines. The project's design maintains the quality standards specified in the Design Guidelines and Development Code. It is compatible with the existing residential neighborhood that surrounds the project site. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. (j) There are no easements of record for the project site. As discussed in findings above, the project site is suitable for this type of development. Therefore, the design of the subdivision or the type of improvements will not I conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: (k) According to the ND prepared for this project, environmental issues related to hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water QualityControl Board. (1) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the ND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate .engineering practices will ensure impacts related to geology will be "less than significant". (m) The proposed subdivision is consistent with ,the applicable provisions of Title 21,. the City's Subdivision Ordinance, Subdivision Map Act and the Development Code as discussed in the above findings. 6.4 Planning Commission Resolution No. 200.7-45 Commis on 7., Based on the findings and conclusions set forth abovthe hDeclaratiog No 200703 hereby recommends that the City Council adopt Negative and approve TTM 64881 subject. to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL... 1, This approval shall be null and void and a d Zone Change unless the Negative Declaration No. 2007-03 is adopted 2006-01, Planned Development Overlay, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.66. e. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over150 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be. maintained in accordance with the Fire Code. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and b Forthwith transmit a certified copy of this Resolution, by certified e mail, #115Mr. Joe O Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue, uth Pasadena, CA 91030 OPTED THIS 11TH DAY OF SEPTEMBER 2007, BY THE PLANNING APPROVED AND AD COMMISSION OF THE 'CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman coMMUNITY D.EVELOPMEN I DEPARTMENT 2. 3. .4. Applicant shall include signed copies of the Planning Commission Resolution Nos. 2007-44, 2007-45, 2007-46,. 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. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 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. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 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. 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 comes first. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees 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 the map's recordation or issuance of building permit, whichever come first: 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication.for parkland pursuant to Subdivision Ordinance Chapter 21.,32. 3. Prior to an ublic hearin or final ma approval, all :deposit accounts for the any:public g P PP P i processing of this project shall have no deficits. ..9 . .Planning Commission Resolution No. 2007-45 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursuant the pli ant to he city within five Game Cto Section 711.4 of that Fish and ode. Said payment shall be mad y P days of this grant's approval. C, TIME LIMITS not be effective for any purpose until ��e �Po ll nt and owner 1, This approval shall is reap, at the of the property involved have filed within 15 days of app r Community Development Dee of agree to City of Diamond Baall the Affidavit of Acceptance stating that they are a an' toac conditions of this approval. 1 is 2. In accordance with the Subdivision Ma.p Act, Section 6646 �, TTM and $halt/ valid for three years. An extension of time may be reques only be considered if submitted to the citva� will not be gras than n d unless thdays prior e map approval's expiration date. Final map appthe rotions and the. con is in substantial compliance with TTM No. 6n88m l rovement ilagreement to the applicant, has entered into a , subd.ivlsio p satisfaction of the City Attorney. D_. SITE DEVELOPMENT The project site shall be developed in substantial onedconfimConditonalance with TU e TM 1. No, 64B81 except as conditions herein, and as conditioned Permit No. 2007-10 and DevelopmentReview Noi s p06 -o the Ci ytlCouncdil recommended. approval by to the Planning Comm collectively referenced herein as Exhibit. "A" the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, 2007--03 nd rs and elated materials board,_ Exhibit "B Negative Declaration N September 11 ' 2007, as modified herein. d. 2 A Home Owner's Associatil have on (HOA) shall be forme or oration of he HICJA are Conditions and Restrictions {CC&R s) and Articles of in _ p subject to the -approval of Planning Public Works/Engineering g Division and Department and the City Attornurrent ey. The, CC&R's shall be : Which ever occurs first, the final snap or prior to the issuance of any City permits, A rell submit to.: corded copy shall be provided o the City Engineer.. -The Aofficers on or before the Planning Division a list of the names and addresses of h January 1 of each and every year and whenever said information changes. 3, All ground -mourned utility appurtenances such as transformers, air,conditioning condensers, etc.; ed shall be located out..of public view and vvallgs bel msy. creen through the use .of a combination, of concrete oc masonry , . landscaping to the satisfaction of the Planning Division. 4, Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall 10. Planning Commission Resolution No.2007 45 not duplicate existing streets within the City of Diamond Bar's. postal service zip code areas. 5. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved 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 Planning Division 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. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1 Prior to final map approval, a detailed landscapelirrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. APPLICANT SHALL` CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIO A. GENERAL: A title re ortiguarantee showing all fee owners, interest holders, and updated nature title 1 p p Ian check. A p interest shall be submitted for final ma p reporst shall be subdivision guarantee shall be submitted ten (10) business days prior to final map approval 2. Ap ermit from the Los Angeles County Public Works.Department shall be required for work within its right-of-way or connection to its facilities 3. Prior to final map approval, written certification that all utility services and any other service related tothe site shall be available to aeNS the issued proposed dist�ctCutilitdyshall and bei submitted to the City. Such letters shall b . Y cable television company, within ninety (90) days prior to final map approval. 4: approval, applicant shall submit to the City Engineer the detail. Prior to final map cost estimates for bonding purposes of all.public improvements. 5. Prior to final map approval; if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security: 0. Prior to final map approval all site grading; landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved b pthe iitylEngineer, all public shall be posted; and an agreement executed guarantee ,g p and private improvements. 7. Prior to issuance of grading permits; surety shall be posted and an agreement age facilities necessary for executed guaranteeing completion of all drain dewatering all parcels to the satisfaction of the City Engineer. g. Any details or notes which may inconsistent with requirement or ordinances, general conditions or approval, or City policies shall bspecifically el shown °ondthe . other conditions or: ordinance requirements are modified. tentative parcel map upon approval by the Advisory agency.' oun 9. All'identified geologic hazards within: the vesting teEnative tra t, neershafes t be indicatedap dar,on which cannot be eliminated as approve by the City 9 - l fhe final map as "Restricted Use.Area'` subject to .gogic hazard: The,applicant'. eol shall dedicate to the City the right to prohibit the erection of buildings or other . structures within such restricted use areas: shown �.o the final, map: Q. ` Easements for disposal of drainage water onto or over; adjae Ct E�celsee hall be delineated and shown on'.the final map, as approved by h y g 12 Planning commission Resolution No 2007=45 11. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall, be, obtained from the Public Works Department in. addition to any other permits required. 12. Applicant shall label and delineate on the final map any private drives orfire lanes to the satisfaction of the City Engineer. 13. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 14. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 15. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City: 16. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the. City or its representatives for services rendered. Charges shall be on . an hourly basis and shall include any City administrative costs. 17. Applicant shall provide digitized information in a format defined by the City for all J related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 shall be wholly contained within the boundaries of the map. 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. B. GRADING 1.. No grading or any staging or construction shall be performed prior to final map approval by the City Council and. map recordation. All pertinent improvement plans shall be approved by the City Engineer prior.to final map *approval bythe City Council. 2; Retaining wall locationshall. be shown on the grading plan and submitted with a. soils report to the. Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3; Exterior grading' and construction activities and the. transportation of equipment.... I a.nd materials and operation of heavy grading .equipment shall be limited .to .between the hours of 7:00 a:m and 5:00 p.m`:; Monday through Saturday: Dust i'3 P _ tinning Commission Resolution No. 2007 45 gAirenerated by grading and construction activities shall be e dvuc by waCoa tering the soil prior to and during the activities and in accordanbe Quality Management District Rule 402 ►Ind l consst uctionl equipmentule 403. ecaimed watersh Ilshall be utilized whenever possible. Additiona y, properly muffled to reduce noise levels. ng area, 4. All equipment staging areas shall be located on tharea shall be ject site. Stagenclosied within including material stockpile and equipment storage, a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. for each lot shall be submitted to the Community 5: Precise grading piens Development Department/Planning Division for approval oprior bao 1issuance of building permits. (This maybe on. an incremental or comp ) uilding 6. Grading of the subject property shall be in accordance w aland aic ifornae p table Code, City. Grading Ordinance, Hillside Management Ordinance grading practices. perc 7. The maximum grade of driveways serving building pad half ll15 es exceeding 10 percent s have pa 9 landings In hillside areas driveway grad minimum 16 feet deep and shall not exceed five (5) percent grade or as with a required by the' City Engineer. Driveways with a slope u Sed bCetheSC City incorporate grooves for traction into the ,construction as q Y Engineer. soils g, At the time of submittal of the 40 -scale grading plan for plan check, (k, a detailed oval Said and geology, report shall be submitted to the City Engineerpp report.shall be prepared by a qualified engineer and/or geologist licensed 6y the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a Stability analyses of daylightshear keys with a 1:1 projection from daylight to slide plane;,a projection plane shall have a safety factor. of 1.5. b.. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail,.with -respect to proposed building envelopes. Restricted use areas and structural . setbacks shall be considered and delineated prior to. recordation of the final map. c. Soil remediation measures shall be designed for "worst case" geologic interpretation subject to verification in the field during grading. d.The extent of any remedial grading into natural areas shall be' clearly defined on the grading plans. e. -Areas of potential. for debris..flow shall be defined and, pro per.remedia{ measures implemented as approved.by the City Engineer. f Gross stability of all fill slopes shalt be analyzed as Peart of geotechnical . report, `including remedial fill that replaces natural slop 14 Planning Commission Resolution No. 5 9. 10 g. Stability of all proposed slopes shall be confirmed by analysis as approved by the, City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading i plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11.. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the f City Engineer. The applicant shall incorporate Structural or Treatment Control j Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively: 12., An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance, to the City's NPDES requirements. 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 14. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 1`5. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations: 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits.forthe foundations of structures. Retaining wall permit. may be issued. without a rough. grade certificate. 17. Final,Grade `certifications by project soils. engineer. and civil engineers shall be submitted to the Public Works/Engineering Department prior to the ,issuance of any project finalinspections/certificate.of Occupancy. 15 pianning Commission Resolution No. 200745 C. DRAINAGE en uted earth tones 1.. All terrace drains andverse visual impacts: Terrace d drainage channels shall be constdrr nssh II all ow landfo m so as not to impart a slope configuration and shall not be placed surnvilnear adCrass'a slope face All down wn drains shall be hidden in swales diagonally 2. All drg P aina e im rovements necessary for dewatering and protecting tsubdividedn properties shall be installed prior to issuance of building per oits, or orwithin a constructio upon any parcel that may be subject to drainage flows entering, leaving, parcel relative to which a building permit is requested. a which 3, All identified flood hazard locations within thEnfeneer hall bebhownaries on the fin I cannot be eliminated as approved by the City g map and delineated as."Flood Hazard Area.' 3. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval,. the applicant shall construct or enter into an improvement agreementwith the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or 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. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company. standards. Easements required by the . utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilitiesshall not be constructed. within the drip line of any mature tree except as approved by a registered arborist. F.:r SEWERS Prior to final map approval, applicant shall submit.a.sanitary sewer area study to-.. I . ' the City and County Engineer to verify that capacity. is available.in the sewerage ' system to be used as the outfall for the sewers. in this land division. If.the system 17. Planning commission Resofution No. 2007-45 is found to be of insufficient capacity, the problem shall. be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said..system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided; and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits: The. area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. ant's sole cost and expense, shall construct the sewer system 4. Applicant, at applic in accordance with the City, Los Angeles. County Public Works Division and County Sanitation District Standards prior to occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Pians shall conform to State and Local Building Code .(i.e., .2001 California Building Code; California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at.the time of plan check submittal 2. Occupancy of the facilities shall not commence until such time as all Uniform . Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load forwind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engi.neer with wet stamp and signature. - 4.` This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroomlightsahall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage; and retaining walls locations. 6. Number of plumbing fixtures shall be. in compliance with CBC Appendix 29 7 :All., balconiesshall be,,designed for 601b. live load. 8 Guardrails sha l be designed for 20 load applied laterally at the top of the,.. ail 18 Planning Commission Resolubon No: 2007 45 g. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 10. All retaining walls shall be submitted to the Building & Safety .and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and .clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. IPA 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. Prior to recordation, the final map shall comply with all Fire Department requirements. PLANNING COMMISSION RESOLUTION NO. 2007-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING I ADOPTION I OF NEGATIVE DECLARATION NO. 2007-03 AND APPROVAL PLANNED DEVELOPMENT OVERLAY DISTRICT CONDITIONAL USE PERMIT N0.2007-10 AND DEVELOPMENT REVIEW; NO. 2006-11 FOR TENTATIVE TRACT MAP N0: 64881, A NINE UNIT DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION, LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 82814-028-030) A. RECD 1_. The property owner/applicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for Planned Development Overlay District Conditional Use Permit No: 2007-10 and Development Review No. 2006-11 for Tentative Tract Map No..64881 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Planned Development Overlay Conditional Use Permit and Development Review shall be referred to as the "Application. 2. Public hearing notices were mailed to approximately 2.10 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of, the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletinnewspapers. 3, On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and `concluded a duly noticed public hearing on the Application: B.. RESOLUTION NOW, :THEREFORE, it is. found, ,determined and resolved by the Planning :Com 'Mission of the City of Diamond Bar as follows: 1.' This Planning Commission hereby specifically findsthat all of the facts set forth in the Recitals, Part A,of this Resolution are true and correct. 2. :The Planning Commission hereby finds that the project identified above in this. Resolution required a Negative Declaration (ND). ND No: 200.7-03. has been prepared according to the requirements of:the California Environmental Quality Act (CEQA} and guid.elines'promulgated thereunder. The' 20' day." public review period for 'the ND .began August 16; 2007, and ended September 4, 2007. Furthermore, the Planning Commission has reviewed the ND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources orthe habitat. upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini-martwith.drive-thru known as Diamond Jim's Dairy. (b) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Zone Change No. 2006-01 within Planning Commission Resolution No. 2007-44 recommends that the City Council approve the zone change .from C-1 to High Density Residential -Planned Development (RH-PD) for General Plan compliance. anri IICP,, Clirrnijnd thP. nroiect.Site: Site General Plan Zone Uses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre RH North & RH C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units Per acre (RL) (2) : Zone Change application to change the project site's zoning from C-1 to RH-PD -20 Dwelling Units/Per Acre for General Plan compliance;, (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing mini - mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. . Conditional Use Permit for Planned Development Overlay District In accordance to Municipal Code Section 22.22.150, pertaining to required findings for a ,Conditional Use Permit for Planned Development Overlay District, the Planning Commission. finds as.follows: (o) Zone Change 2006-01 will change the existing zoning from C=1 to High Density Residential (RH) which is consistent with the General Plan land use designation for the project site. However, the Planned Development Overlay is needed because units 7 through 9 will not. maintain the required 20 foot front setback. Unit 7 will maintain a varying front setback of 20 to 17.5 feet. Units 8 and 9 will maintain a setback of 17.5, feet. Because of the irregular shape of the site, the angleof the rear, property line and the requirement to maintain a minimum26 foot.wide drive isle for backing out of the garages, and to have an end product that marketable in terms of livable square footage, a consistent 20 foot front setback can not be maintained. Considering the about of patio and planting areas in the front yards and common area between units 7 and 8, staff believes that the front setbacks provided for these units is appropriate for this project: For approximately 10 Lineal feet a retaining wall withan exposed height of nine feet is proposed at the west property line: Anotherwall. in he "same area which encloses the side. yard for unit one is proposed at the same.height. These walls are needed because of the grade difference between the neighboring property and the project site. Almost all of the exposed height.of the walls will be viewed. from inside the project site. The applicant believes that the exposed height ,of the walls could be. reduced to eight feet 'Because of the grade differences and the lineal feet`of the walls is minimal and the walls will be viewed from inside the project site, staff believes that the height of the walls i5'appropriate for this project. Since the rear of each condominium unit fasces the center of the 3 Planning Commission Resolution No 2007 46 project site and drive isle that is 26 to 30 ft. wide, there is no rear yard. However; considering that 24 percent of the project site is. landscaped which exceeds the minimum 15 percent requirement and the garages are not part of the streetscape, staff believes that the placement of the units is appropriate. Additionally,. the purpose of setbacks is to provide light and separation between structures. The drive isle provides this. (p) The proposed map is a non -gated subdivision fora nine unit detached condominium development with private entry and drive isle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In orderto meetthe City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at nine units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (q) As discussed inFinding (g), (j), (1) and (o) above, the design, location, � size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (r) 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 as described in Findings (g), 0), (1) and (o) above. (s) The ND reviewed issues related to public interest, health, safety and improvement related to this project. It was found that the project will on these issues. In some instances not have a significant effect mitigation measures are. incorporated into the project to ensure that the project's effect on these issues will be "Less than significant Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. ct has been reviewed in compliance with .the (t). The proposed proje provisions of the California Environrrienta( Quality Act (CEQA). The proposed project required a' Negative Declaration (ND)` ND No. 2007-03 has .been; prepared according to the requirements of the California Environmental Quality .Act. (CEQA) and :guidelines promulgated thereunder, 4 Planning Commission Resolution No. 2007-46 5. Bused on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit No. 2007-10 Planned Development Overlay and Development Review No. 2006-11 for TTM No. 64881 subject to the following conditions and Standard Conditions attached and referenced herein: a. GE_ 1. This approval shall be null -and void and of no effect unless the Negative Declaration No. 2007-03 is adopted and TTM No. 64881, Zone Change No. 2006-01, Planned Development Overlay Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for - three years. Two extensions of time, one year each, may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPMENT 1: Approximately ten lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for unit.one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeterwalis shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a color to match and/or ;complement the condominium units: Sample of said construction materials and colors shall , be submitted to the. Planning Division for review and approval prior to plan check. submittal. 3. Uses permitted in the RH zoning district as listed in the Development Code shall be the only uses allowed in the RH- PD zoning designation for the project site. 4. Prior to final chap, the applicant shall provide a final landscape and irrigation plan listing all plant species, _size quantity and location for Planning Division review and approval. All landscaping and irrigation shall . be installed prior to final inspection or Certificate of Occupancy 5. -Prior-to plan check submittal, the applicant shall. submit an exterior. lighting plan and photometric study for Planning bivision.review.and approval. All lighting shall be designed to J. confine direct rays to:the subject property. Spillage beyond the property.lines shall not be permitted. ;Lighting shall be on a time -clock or photo -sensor system. 5 Planning Cohn nlsslon Resolution No. nb7 46 d. BUILDING AND SAFETY DIVISION 1. Prior to final map approval, applicant, shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. e. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over150 feet in length. L 4. Private driveways shall be indicated on the final. map as "Private Driveway and Fire. Lane" with the widths clearly I depicted and shall be maintained in accordance with the Fire Code. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire Department or 'City approved street signs and building access numbers prior, to occupancy. 7. Applicant shall provide water mains, fire hydrants and fire flows - as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 8: Fire hydrant shall conform to the following requirements: (a) Install one fire hydrant; (b) Measur e 6" x.4" x 2'/2" brass or bronze, conforming to current AWWA standards C503 or approved eq ual; 6 Planning commission Resolution No. 2007-46 (c) On site hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour. fire wall. 9. The required fire flow for public fire hydrants at this location shall be 1500 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand: Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be . installed, tested and accepted or bonded for prior to final map approval. The Planning Commission shall; OOMMU ITY DEVELOPMENT DEPARTMENT 'PROJECT #: TTM No 64881 ND No. 2007-03, ZC No. 2006-01/Planned Development Overlay CUP No. 2007-11 and DR No. 2006-11 SUBJECT: Nine unit detached residential condominium subdivision APLICANT: Joe Kwok 23671 Golden Springs Drive LOCATION: 23671 Golden Springs. Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (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, 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 Tentative Tract No. 64881 brought within the time period provided by Government Code Section 66499.37.. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant. shall provide a defense to the City defendants or at the City's optionreimburse the .City its costs j.of defense; including reasonable attorneys fees, incurred in defense of such claims. (b), Applicant shall promptly pay any final judgment rendered against the City descendents. -The City shall promptly notify the applicant of any claim; action of proceeding; and shall: cooperate fully, in the defense thereof: 8. Planning Commission Resolution No. 2007-46 Applicant shall in signed copies of Planning Commission all environmental 2. PP Nos. 2007-44,2007-45,2007-4 6, Standard Conditions-,or ons shall be included on the plans (full size). The sheet(sact vtles mitigati information only to all parties involved in the construction/gra i a licensed and are not required to be wet sealed/stamped by Engineer/Architect. 3. Revised plans (such as but not limitedto site incorporating ConConditions of landscape/irrigation plan, grading plan, etc.,) royal prior Approval shall be submitted for Planning Division review and app to the plan check. 4. Notwithstanding any previous subsection of the resolution, the pursuant Section Department of that Fish and Game requires payment bf,the ode. payment Said payment shall bem de by the to the Fish and Game C city within five days of this approval. The project site shatl be maintained and operated in full compliance With the 5. P applicable conditions of approval and all, laws, or other app royal of this request shall not waive compliance with all se�tinsiofatbhle 6. App applicable City Ordinances, and a yap p Development Code, all other app the time of building permit issuance. Specific Plan in effect at. Z All site, grading, landscape, irrigation, and street improvement permits s hall as coordinated for consistency prior to issuance of any p prior to final map grading, tree removal, encroachment, building, etc.,) or approval in the case of a custom lot subdivision, approved use has or pP comrrienced, whichever comes first. . to an use of the project site or business activity being commenced g_ Prior Y thereon, :ale conditions of approval shall be complete C. 3. Prior to any public hearing orfinal map approval, all deposit accounts for the processing of this project shall have no deficits. 4 Notwithstanding any previous subsection of the resolution; the Department of Fish and Game required 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 grant's approval TIME LIMITS 1. 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 this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. In accordance with the Subdivision Map Act, Section 66463.5, TTM No. 64881 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with TTM No. 64881 including all conditions and the.applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT 1. The project site shall be developed in substantial conformance with TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-11 and Development Review No. 2006-11 submitted to and recommended approval by the Planning Commission to the City Council collectively referenced herein as Exhibit "A" - the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, and colors and materials board, Exhibit "B"- Negative Declaration No. 2007-03 dated September 11, 2007, as modified herein. 2. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the - HOA are subject to " the approval of Planning Division'. and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the Officers on or _before January.',1. of each and every year and whenever said information changes. 3. All ground-mounted.utility appurtenances such as transformers, `air conditioning condensers; etc., ` Shall be located: out ofpublic :view and 10 Planning Commission Resolution iJo. 2007-46 oncrete or adequately screened through the uses°to the°lsatisfaction of the Planning masonry walls, berms, and/or landscap g Division. ! Prior to final map approval or issuance of building permit, whichever came first street names shall be submitted for City revi city.f Diamond Bar 4. s names shall not duplicate existing streets within the postal service zip code areas. to and roved by the City prior 5. House numbering plans shall be sub din dnumbe s and individual units shall to issuance of building permits. All building propd illumination. be identified in a clear and co cand'napproped by the ,City House. numbering plans shall be submitted to Engineer prior to issuance of building permits, lighting fixtures adjacent to interior property lines shall be approved by the 6 Al g ' as to type, orientation and height. Planning Division 7. A detailed on-site lighting plan, including a photometric diagram, shall be revieweby the Planning Division prior to the issuance of d and approved din permits. Such plan shall indicate style, illumination, ace� t fro rtiest, buil g P and method of shielding so as not to adversely affect a) P SCAPE, PRESERVED AND PROTECTED TREES E. LAND l 1 Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and sub mbuedino the ml s and, ng Division for review and Pre P. roval prior to issuance of g P . w p h ever occurs first. recordation of the map, E,, .. SOLIDWASTE duri 1. The site shall be maintained in a condition, which is freeofebre e�tltlemengt and after the construction, addition: or impleme I whether during granted herein. The removal of all trabe� dobe oniyrisl dby the property owner, or subsequent to construction shall permitted waste contractor, who has been authorized applicant or by a duly p and disposal of solid waste by the City to provide collection, transportation, from residential, commercial; construction, and industiae are pipl{r ctt e City. It shall be. the appor licant's obligation to insure that utilized has obtained permits from the City of Diamond Bar to provide such . services for solid' waste, disposthe., City al services shall .be provided by vol of this 2 Manda Y franchised waste hauler to all parcels/lots or uses affected y pp project. 11: Planning Commission Resolution No 20D7 46 _ 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval 2. A permit from the Los Angeles County Public Works. Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map.approval, 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. Such letters shall be issued bythe district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval 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. 7. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 8. Any details or notes which may be inconsistent with requirement or ordinances,. general conditions or approval, or City policies shall be specifically, approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. .9. All identified . geologic hazards within the vesting tentative tract map boundaries which. cannot be eliminated as approved by the City Engineer 12 Planning. Commission Resolution No. 2007-46. shall be indicated on the final map as "Restricted Use Area" subject to geologic edicate to the City the right to prohibit g gis hazard. The applicant shall d the erection of buildings or other structures within such restricted use areas shown on the final map. ' 10. Easements for disposal of drainage water onto or over adjacent pa cels hall eer be delineated and shown on the final map, as approved by the g y an work performed in the street right-of-way, fees shall bepe aprtrid and 11. prior to a construction permit shall be obtained from the Public Works p addition to any other permits required. 12. Applicant shall label and delineate on the final map any private drives or .fire lanes to the satisfaction of the City Engineer. encs satisfactory to the City Engineer and the utility companies, for 13. Easem , ublic utility. and public services purposes shall be offered and shown on the R final map for dedication to the City. the final map records,. applicant shat( submit to the Public 14. After City, a full size reproducible Works/Engineering Departmentat no cost to the , public improvements shall copy . Final approval o of the recorded mapf the p of be given until the copy of the recorded map is received by the Public n g Works/Engineering Department. applicant shall 15. Prior to occupancy, the app provide to the City as built my ars, the plan for all improvements at stamped by appropriate individuals certifying no cost to the City. eosit 16. Applicaits nt shall contribute funds to a separate engineers resentat� ep for against which charges a a e be hah be on'tan hoity urlyrbasis and shall include services rendered. Ch g any City administrative costs. 'cant shall provide digitized information in a format defined by the ,City 17. App1i for all related plans, at no cost to the City. vitieslim rovements proposed for this TTM No. 648$ �dshaanl beo f oite 18. All acts p p:. . contained within the boundaries of the: shall be obtained from the activities/improvements be required; app affected property owner and the City as required by the City Engineer. g, GRADING No .grading. or. any staging or construction shall be p erformed p;riar to final recordation. All pertinent map appr..oval:bY the' City Council and map p, Improveriment plans shall be approved by the City Engineer pnor to final ma approval by the City Council. 13 Planning Commis6106 Resolution No: 2007-46 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the, transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. 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. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis).' Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices, 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 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. 8. 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. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from, daylight to slide plane; a projection plane shall have a safety factor of b: All soils and geotechnical .constraints (i.e., 'landslides, shear key locations,. etc.,) shall be delineated in detail with.respect t0 pro posed. building envelopes: Restricted use areas' and -structural setbacks shall be considered. and delineated prior to recordation of the final map. 14 Planning Commission Resolution No. 20D7-46 C. Soil remediation measures shall be designed fort e` fieldt during geologic interpretation subject to verification in grading. d. : The extent of any remedial grading into natural areas shal defined on the grading plans. Areas of potential for debris flow shall be defined and peeper remedial -e. the Cit Eng measures implemented as approved by Y r. f. ll fill slopes shall be analyzed Gross stability of anatural slope. geotechnical report, including remedial fill that replace Stability of all proposed slopes shall be confirmed by analysis as g approved by the City Engineer. All geologic data including landslides and exploratory excavations h. using the 40 - must be shown on a consolidated geotechnical map scale final grading plan as a base. Alleotechnical and soils related findings and recomm ndatito ons s ll g roved b the City Engineer prior be reviewed and app. Y :any grading permits and recordation of the ficial map. issuance of grading permits, storm drain improvement plans shall be 9. Prior to ed b the City. Engineer and Los' Angeles Countymenbl executed approved Y sted and an agree Department and surety shall be po guaranteeing , to the satisfaction of the completion of all drainage facilities g City Engineer. the grading plans shall be. designed in cornplianeolo ce W1reports• 10. Fina th l g 9 recommendations of the fe of ed i l{ e o��ala poeintg h Ii be incorporated into All remedial earthwork sp the grading plans. Final. grading plans shall be signed and stamped by a re istered Civil. Engineer; registered .Geotechnical Engineer and `California 9 roved b the City Engineer. registered Engineering Geologist and app Y nforming to 11. A Standard Urban Storm Management Pla nt StheMgrading pan and City Ordinance is required to be incor ica t shall incorporate Structural or approved by the City Engineer. The app ater noff m W Treatment Control- Best. Management Practices for_constructioncoactivities te grading. plans for construction'.' and ,post respectively. 12 An e rosion ,control pian shall, be approved by the City Engineer. Erosion ontrol'; tans ..ahall .;be made in accordance -to the- City's NPDES c P requirements. stock iVe plan showing the proposed location for stockpile. for 13. Submit a P grading export materials, and the route of transport. . 15, Planning commission Resolution No. 2007 46 14 Prepare a horizontal control plan and submit concurrently with the grading Plan for review and approval. 15. Priorto the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at beast 48 hours prior to commencing grading operations. 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 17. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1 All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building .permit is requested. 3 All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area 4. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los. Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees.required shall be paid by the applicant: 5: A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in. accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purpos;es.shall be offered and shown on the final. mao:for dedication to the City. 16 Planning Commission Resolution No. 200746 Prior to the issuance of a grading permit, a complete hydrology and hydraulic 6.1Pn by a California to th Civil Engineer registered in .the State of study shall be prepared e satisfaction of the City Engineer and Los Angeles Public � Works Department. m rehensive maintenance plan/program shall be submittedconcurrently 7 A comp with the storm drain plans to the Public Works, /Engineering Department for review and approval by the City Engineer. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. Prior to the issuance of any City permits, the applicant shall provide written 2. property owners which will permission to the satisfaction of the City any p p Y be affected by offsite grading: 3. Prior to building occupancy, applicant shall construct base and pavement for II streets in accordance.with soils report prepared by aotheCalifornia rwise drected by a the Cit Engineer or as. soils engineer and approved by Y the City Engineer. E. UTILITIES for Easements, satisfactory to the.City Engineer and the atiliay�ao hown on he 1, Ea ur oses shall be offered public utility and public services p p detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to nut Valley Water s erve all lots/parcels in. the land division designed to the Waroved by he City District. (WVWD) specifications shall be provided and PPe and location as Engineer. The system shall include fire hydrants artment of. the pThe water mains determined by the Los Angeles County P shall be sized to. accommodate the total d Firetic Departm ntand fire flows to the satisfaction of the City Engineers WVWD a riot to final map :approval, the applicant shall construct or enter into an 3.' P uaranteeing construction of the imprgverr►ent agreement with the` City, g. cessa improvements to the existrng water system ommodaccord'atet the total, ne rY ecifications to acc Valley Water District (WVWD) SP aired b the City Engineer, WVWD and domestic and fire flows as maybe req Y Fire Department Prior to final map`approval or issuance of building permit.whichever comes 4 ity services and any other service related' first; ;written certification that all util the siteshall :be .available to serve the proposed project and shall .be 17 1 Paannmg Commission Resolution No. 2007 46 submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS 1. 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 the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of i the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3.. Applicant shall obtain connection Permit(s) from the City and County Sanitation. District prior, to issuance of building permits. The area within the tentative map boundariesshall be annexed into the County Consolidated Sewer Maintenance .District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map: 4.`' 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 Sanitation District Standards prior to occupancy, APPLICANT SHALL CONTACT THE BUILDING : AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1: Plans shall'confbMI to State and Local Building Code '(i.e., 2001 California. . Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements' and afl other applicable 18 Plannin .Commission Resolution No. 2007-46 9 I onstruction codes, ordinances and regulations in effect at the time of plan check submittal: 2. Occupancy of the facilities shall not commence until such time been 11 Uniform Building Code and State Fire Marshal regulations h ave The inspected for compliance prior to occupancy. buildings shall be 3; The minimum design load for wind ►nthis r 4ea is 8M.P.H. exposures Theo pplicant shall submit fou and the site is within seismic zone ( ) drawings and calculations . prepared by a . California State licensed ArchitectlEngineer with wet stamp and signature. 4. This project shall comply with the energy conservation r g ents of the bathroom lights shall be State of California Energy Commission. Kitchen and fluorescent: 5. Submit Public Works/Engineering Department approved grading r d ngaplans. ns showing clearly all finish elevations, drainage, and 9 bing fixtures shall be in compliance with CBC Appendix 29 6 Number of plum . _4�h„ r ncinnpci fnr 601b. live load. Attachment 3 Agenda # 7.2 Meeting Date: November 20 2007 A (-TRND A REP V .t I �AILVAFWMIIEBMW I V TO: Honorable Mayor and Members of the City Council VIA: .I James1 DeStefano, City Man gT DECLARATION NO. 2007-03 ZONE CHANGE NU. 2QQ6-01 AND TITLE: NEGATIVE DE ENT REVIEW PLANNED DEVELOPMENT OVERLAY DISTRICT, ANDTDEIVELOPM T MAP REVIEW 64881, CONDITIONAL USE PERMIT NO. 2006-10, NO. 2006_11 A' NINE UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 23671 GOLDEN SPRINGS DRIVE. related to losing a landmark and the convenience of the dairy, and because of concerns that the proposed project will generate additional traffic. The Planning Commission had concerns related to adequate guest parking, common open space and traffic. The Commission's concerns were addressed as follows: 1 Guest Parking. The Development Code does not address guest parking for detached nit provides atwo-car garage as r condominium units. However, each u equired fora single- family residence. Furthermore, one guest parking space is provided. for each unit. Staff finds that the parking provided is adequate for the project and Commission concurred with staff. 2. Common Open Space. The Development Code does not have a minimum requirement for common open space and recreation areas for condominium or apartment projects. !t does have a minimum landscape requirement of 15 percent of the project site. The project exceeds this minimum requirement and 24 percent of the project area will be landscaped. Additionally, each condominium unit has a private patio area, Since the proposed project complies with the Code's landscape requirement, the Commission was satisfied that the proposed project meets the landscaping and general requirement for open space. 3. Traffic. The traffic study prepared by Lin consulting, Inc. for this project indicates that the mini -mart generates 36 trip ends in the AM peak hours 69 trip ends in the PM peak hours. The proposed project will generate 7 trip ends in the AM peak hours and 8 trip ends in the PM peak hours. Since the proposed project will generate fewer trips than the mini -mart, the study concludes traffic improvement measures are not required. According to the City's traffic impact analysis guidelines, the proposed project is not large enough in size and does not generate enough daily trip ends to warrant traffic improvement measures. As a result, the Commission agreed that traffic improvement measures are not required for this project. The Commission concluded that the proposed project meets the. City's Code requirements and design standards and felt that this property is a good location for much needed housing in. Southern California. Therefore, the Planning Commission unanimously recommended approval of the project to the City Council. The attached. Planning Commission staff report represents all the technical. information related to the project along with a Negative Declaration that addresses environmental impacts. The review period for .the Negative Declaration began August 16, 2007 and ended September 4, 2007. During the review period, the City did. not receive. any comments from the agencies notified. The City Council may approve the proposed project as recommended by the Planning Commission. The Council may add or. modify, conditions of approval set forth in the resolutions. if the _Council. mendation, then adaption of the resolution and concurs with the Planning mCommission recom ordinance should be in the following sequence: 1. Adopt City -Council Resolution No. 2007 -XX approving Tentative Tract Map No.,64881 and adopting Negative Declaration No 2007-03; 2 RESOLUTION NO. 20o7 - 'A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NO. 64881 AND ADOPTING NEGATIVE DECLARATION NO. 2007-03SET FORTH THEREIN FOR A NINE UNIT CONDOMINIUM RESIDENTIAL SUBDIVISION LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8281-028-030). A. RECITALS 1. The property owner/applicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for approval of Tentative Tract Map No. 64881 and adoption of Negative Declaration No. 2007-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map and. Negative Declaration shall be referred to as the "Application."• 2. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the. Application. At that time, the Planning Commission adopted Resolution No.2007-45 recommending City Council approval of the application 3 On November 2, 2007, public hearing notices were mailed to approximately 210 property owners of record within a.500 -foot radius of the project site, a copy of the legal notice was posted at:the City's designated community posting sites, and a public notice display board was posted at the site. On November 8, 2007' notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved ,by ,the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically. finds that all. of the facts set. forth in the Recitals, Part A, of this Resolution are true and correct. 2.. The City Council hereby. finds that the .project identified above in this Resolution required a Negative Declaration (ND). ND N6.2007-03 has been prepared according to the requirements of the. California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20. day public review period for the ND began August 16, 3. 2007, and ended September 4, 2007. Furthermore, the City Council has reviewed the ND and related documents in reference to the Application. The City Council hereby specifically finds and determines that, having conndsiderd the alterations record as a whole, including' the findings set forth below, and changes which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed haitat es herein will have the potential of an adverse effect on wildlifeesoCthis CityeCobnc'I upon which the wildlife depends. Based upon substantial evidence, hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. on the findings and conclusions set forth herein, this City Council hereby finds as 4. Based follows: (a) The project site is an irregularly shaped lot located on the northerly side of Drive west of Platina Drive. It is approximately 27,003 square Golden Springs feet (0.62 acres) in area. The site is elevated above the surrounding properties to 1986, the site was occupied by retaining walls and slopes. From 1966 project In 1986, the site building was remodeled into amini-mart by a service station. with drive-thru known as Diamond Jim's. Dairy. (b) The project site has a General Plan land use designation of High Density 20 DU/AC which authorizes a maximum density of 20 Residential (RH) Maximum dwelling units per acre (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Planning Commission Resolution No. 2007-44 Zone Change No. 2006-01 within recommends that the City Council approve the zone change from C-1 to High Density Residential -Planned Development (RH-PD) for General Plan compliance. - (d) Generally the following zones and uses surround the project site: Site' General Plan Zone Uses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre RH +ami R (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing. mini -mart with drive-thru and to review . the project's overall design and site plan configuration and its effect on surrounding properties. Tentative Map Findings Pursuant to Subdivision Code Section 21.20, the City Council has made the.following required findings: (f) The General .Plan land use designation for the project site is High Density Residential (RH). The General Plan describes this designation as a residential land use category for town homes, condominiums, apartments,. mobile homes and other multiple family residential properties. This land use category can maintain a maximum density of 20 dwelling units per acre. The' proposed 'map is a non -gated subdivision for a nine unit detached condominium: development with private entry and drive aisle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square -feet (0.62 acres) could be developed. with a maximum density of 12 units. In order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and . condominium units that are marketable in size, the project is proposed at 9 units which is 25percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern. in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (g) The project site. is approximately 0:62 gross acres (27,003 square feet) in area. TTM 648.81 proposes to create a common -interest subdivision to facilitate the development of 9 detached residential condominium units with two car garages and guest parking for each unit, landscaping and private patios. In accordance to the General Plan density provisions, it is permissible to' develop up to12 condominium units. However, the proposed density of 9 units is 25 percent below General Plan and zoning potential density. Additionally; the ND prepared for this project reviewed the suitability of the project site, circulation, grading;, aesthetics, land..use, etc. The ND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of:conditions`of approvaL. Therefore, the project site is physically suitable for. the proposed type of development and density, h) The ND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlifeued in habitat. t is he ND concluded that with conditions of approval as disc "less anticipated that the proposed map's impacts would be reduced to a leve( than significant and the design of the subdivision or theproposed injurepodsh o wildlife improvements is not likely to cause substantial environmental damageor their habitat. The ND analyzed impacts related to the design of the subdivis ets the t�) ion and improvements related to the project. The design of the prosect m nt Code and the City's Design Guidelines. The standards set forth in bevelopme project's design maintains the quality standardsspecified existinghres dentia) Guidelines and Development Code. It is compatible ro ect's neighborhood that surrounds the project site. As a result, the proposed P design or type of improvements is not likely to cause serious public health or safety problems. There are no easements of record for the project site. As discus ed in finds tgs U) above, the project site is suitable for this type of develop design of the subdivision or the type of improvements .will not conflict with easements, acquired by the public at large for access through or use of, property Within the. proposed subdivision. ssuk s related. to According to the ND prepared for this project, environmental discharge sewerage (k) and water quality are "less than significant and dis g hydrology - would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. he 1 A geotechnical report was prepared for this project and reviewed e ythe City. ro"ect design. . } report was approved with conditions that are incorporated into . P 1 Additionally, the ND prepared for this project Indic applicableeSat with -pal implementation of , these conditions in co the mbinati Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be " less than significant". m The proposed subdivision is consistent with the applicable pro isi s f Title iitl 21, i , ' the City's Subdivision Ordinance, .Subdivision Map Act and the. p Cade as discussed in the above findings. the City Council hereby adopts. 5 Based on the findings and conclusioapds at forth ove above, the 64881 , subject to the following Negative Declaration No. 2007-03 PP conditions and Standard Conditions attached and referenced herein: a. GENERAL 1. This approval shall be null and void and of no effect unless the Negative Declaration No. 2007-03 is adopted and Zone Change No. 2006-01, Planned Development Overlay, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.66. b. SITE DEVELOPMENT 1. Approximately 1.0 lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard far unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a color to match and/or complement the condominium units. Sample of said construction materials and colors shall be submitted to the Planning Division for review and approval prior to plan check submittal. 3. Uses permitted in the RH zoning district as; listed in the Development Code shall be the only uses allowed in the RH-PD zoning designation for the project site. 4. Prior to final map; the applicant shall provide a final landscape and irrigation plan listing all plant species,. size quantity and location for Planning Division review and approval. All landscaping and irrigation shall' be installed prior to final inspection or Certificate of Occupancy 5. Prior to plan check submittal, the applicant shall submit an exterior lighting plan and photometric study for Planning. Division review and approval. All lighting shall be designed to. confine direct rays to the subject property. 'Spillage beyond the property.lines shall not be permitted. Lighting shall be .,.,on a time clock or photo-5ensor,system, C. BUILDING AND SAFETY DIVISION 1. -Prior to final map approval, applicant shall. submit to the Building and Safety Division the, design, of all retaining walls for review and approval concurrently with the grading plan check. d. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over150 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire. Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 8. Fire hydrant shall conform to the following requirements: (a) Install one fire hydrant; (b) Measure 6" x 4" x 21/2" brass or bronze, conforming to current AWWA standards C503 or approved equal; (c) On site hydrants shall be installed a minimum of 25 feet form a structure or protected by two hour firewall. 9. The required fire flow for public fire hydrants at this location shall be 1500. gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required f re flow, 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. Fhe City Council shall (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue, #115, South Pasadena, CA 91030 PASSED, APPROVED AND ADOPTED This 20th Day of November 2007. Ito, Uj eve Tye, or I; Tommye Cribbins, City Clerk of the City. of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of Loveitiber 2007 by the following vote: AYES: Council Members: LIa : n E-ve ett, Rerrera x= T/T ray. �1�:1� {,;� NOES: Council Members: i4on ABSENT: Council Members: None ABSTAIN: Council Members: inion COMMUNITY DEVELOPMENT DEPARTMENT PROJECT #: TTM No 64881 ND No 200703, ZC No 2006-01/Planned Development Overlav, CUP No.. 2007-10 and DR No. 2006-11 2. Applicant shall include signed copies of the City Council Resolution Nos. 2007-44, 2007-45, 2007-46, 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 plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the 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 priorto 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 comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be. completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees 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 the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant. shall pay a fee to the City in -lieu of dedication for parklandpursuant to Subdivision Ordinance. Chapter 21.32: 3, Prior to any public Bearing or final map approval, all deposit accounts for the. processing of this project shall have no deficits. 9 4. Notwithstanding any previous subsection of the resolution., the Department of Fish and Game required 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 grant's approval. C. TIME LIMITS 1. 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 this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval: 2. In accordance withithe Subdivision. Map Act; Section 66463.5, TTM No. 64881 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with TTM No. 64881 including all conditions and the applicant has entered into a subdivision improvement agreement to . the satisfaction of the City Attorney. D. SITE DEVELOPMENT 1. The project site shall be developed in substantial conformance with TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-10 and Development. Review No. 2006-11 submitted to and recommended. approval by the City. Council to the City. Council collectively referenced herein as Exhibit "A" -. the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans; and colors and materials board, Exhibit " B''- Negative Declaration No., 2007-03 dated September 11, 2007, as modified herein. 2. A Home Owner's Association, (HOA) shal1. be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and, Public Works/Engineering Department and the. City Attorney. The CC&R's shall e recorded concurrently with he final map orprior to the. -issuance of any City permits, which. ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before "January 1 of each and every year and1. whenever said information :changes.' 3 All ground -mounted utility appurtenances..such as transformers, air conditioning condensers; etc:; shall be located; out of public view and adequately acree'ned through the use of a combination of concrete or masonry, walls, berms, and/or landscaping to the satisfaction of the Planning Division 4; Prior to final.map.approval or,issuance of building permit, whichever come first,, street names shall be submitted for'City review and approval. Street names shall .y n not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6- 7 All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division 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. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to final map approval,.a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. F. 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 granted 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 applicants obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler'to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view., APPLICANT SHALL CONTACT THE PUBLIC WORK$IENGINEERING DEPARTMENT, (909) 0.3,9'-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee f -nature of showing a fee' owners, interest holders,'and 11 2. 3. 4 interest shall be submitted for final, map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. Prior to final map approval, 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. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map. have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval 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.....,.. 7. Prior to issuance of grading permits, surety shall be'posted and 'an agreement executed guaranteeing completion of all drainage facilities necessary for - dewatering all parcels to the satisfaction of the City Engineer. g, Any details or notes which may be inconsistent with requirement or ordinances, general conditions. or approval, or City, policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. g. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic. Hazard.. The applicant shall dedicate to the City the right to: prohibit the erection of buildings or, other structures within such restricted use areas shown on the final map. . 10 Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map,.as approved by the City Engineer. 11 Prior to any wor perfbrmed in the street, right-of-way, fees shall be paid and a construction permit shall be: obtained from the Public Works Department in addition to any other permits required 12. Applicant shall label and delineate on the final map any private drives or fire lanes . City Eng"ineer to the satisfaction of the 1� 1 3. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the.final map for dedication to the City. 14. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 15. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements of no cost to the City. 16. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 shall be wholly contained within the boundariesof the map. 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. B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department forreview and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the. hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the Soil prior to and during the activities and in accordance with South Coast Air Quality. Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment. shall be, properly muffled to reduce noise levels. 13 4. 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. 5.. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6.Grading of the subject property shall be in accordance with the California Building Code; City Grading Ordinance, Hillside Management Ordinance. and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 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: 8. 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. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection. plane .shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, ` etc.,) shall be delineated in detail with respect to proposed building envelopes: Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map: C. Soil remediation measures shall be designed fora "worst case" geologic interpretation subject to verification. in the field during grading. "d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans.' e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engiheer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces. natural slope. g. Stability of all proposed slopes shall, be confirmed by analysis as approved by the City Engineer. h All geologic data including landslides and exploratoryexcavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permitsand recordation of the final map. r 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 1,0. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved bythe City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 14 Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15.. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Rough Grade certificationsby project soils engineer shallbe submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 17. Final Grade, certifications by project soils engineer and civil engineers shall be submitted to the: Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. G. DRAINAGE . 1.. All terrace drains a. nd drainage channels shall be constructed in muted earth tones so as. not to impart 'adverse visual impacts. Terrace drains shall follow landform 15. _ slope configuration and shall not be placed in an exposed positions. All down drainsshall be hidden in swales diagonally or curvilinear across.a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving; orwithin a parcel relative to which a building permit is requested. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be constructed within the street right-of-way or in `easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts: All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees required shall. be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to. grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by Civil Engineer registered.in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7.. A comprehensive maintenance plan/program shall be submittedconcurrently the storm drain plans to the Public Works/Engineering pattfor review and approval by the City Engineer. D. STREET IMPROVEMENT I The�applicantshall replace and record any.centerline ties and monuments that are removed as part of this :construction with the.Los.Angeles County Public Works Survey Division. 2: prior .to the issuance of any City. permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected -by offsite grading.. 3 Prior to building occupancy, applicant shall construct base and pavement for all streets in. accordance With soils report prepared.by.a California :registered soils engineer and approved by the City Engineer oras otherwise directed by the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to'accornmodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or 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. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of .the City Code, including water, gas, electric power, telephone and cable TV, in, accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line.of any mature tree except as approved by a registered arborist. F..; SEWERS 1. 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 the sewerage system to, be used as the outfall for the sewers in this land division., If the system is found to be of insufficient capacity, the problem shall .be resolved to .the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate. sewer lateral which shall not. cross any other lot- lines. The. sanitarysewer system serving the tract shall be 17 connected to the City or District sewer system. Said system shall. be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map-, 4. 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 Sanitation District Standards prior to occupancy. . APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,, (909) 839=7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction. codes, ordinances and regulations in effect at the time of.plan check submittal 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the. site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission; Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. .6.Number of plumbing fixtures shall be in compliance with CBC Appendix 29. . 7. All balconies shall be designed for 601b. live load. 8_ Guardrails shall .be designed for 20 load applied laterally at the top of the rail. g:; Submit grading plans showing clearly all fnish elevations; drainage, and retaining wall locations. Na,building permits shall be issued prior to submitting a pad certification.", 10. All retaining walls shall be submitted to the Building & Safety and Public Work 0 CITY COUNCIL RESOLUTION NO. 2007- 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING OF NEGATIVE DECLARATION ' NO. 2007-03 AND APPROVING PLANNED DEVELOPMENT OVERLAY. DISTRICT CONDITIONAL USE PERMIT NO.2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 FOR TENTATIVE TRACT MAP NO. 64881, A NINE UNIT DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION, LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA {APN NO..82814-028-030} RECITALS 1. The property owner/applicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for Planned Development Overlay District Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 for Tentative Tract Map No. 64881 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Planned Development Overlay Conditional Use Permit and Development Review shall be referred to as the "Application." 2.. On September 11, 20077 the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the City Council adopted Resolution No.2007-46 recommending City Council approval of the application 3 On November 2 2007, public hearing notices were mailed to approximately 210 property owners of record within'a 500 -foot radius of the project site, a copy of the legal notice was posted at the City's designated community posting .sites,.and a public notice display board was posted at the site. On November 8, 2007 notification of the public. hearing for this project was . provided in the San Gabriel Valley.Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by City Council of the City of. Diamond Bar as follows: 1: This City Council hereby specifically findstlat all of the facts set forth in the Recitals, Part A, of this Resolution are: true and correct. 2. The City Council hereby finds that the project identified above in .this Resolution required a Negative Declaration (ND). ND No. 2007-03 has been. prepared according to the, requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND began August 16, 2007, and ended September4, 2007. Furthermore, the City Council has reviewed the ND and . related documents in reference to the Application. 3. The City Council hereby specifically .finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project. set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini -mart with drive-thru known as Diamond Jim's Dairy. (b) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c} The project site is within the Neighborhood Commercial (C-1 }zone. However, Zone Change No. 2006-01 within City Council Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential -Planned. Development (RH-PD) for General Plan compliance. (d) Generall the followingzones and uses surround the ro'ect site. Site General Pian Zone Uses Project High Density Residential - Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) . Per Acre RH North & RH .. C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church , Maximum 3 Dwelling Units Per acre ` RL (e) The Application request. includes the following: (1) Negative Declaration No. 2007-03 to address impacts that the proposed project may have on the environment; (2) Zone Change application to change the project site's zoning from C-1 to RH-PD -20 Dwelling Units/Per Acre for General Plan compliance; (3) Subdivision application to create a tract map for condominium purposes;. (4) Conditional Use Permitapplication to establish, a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing mini- mart with drive-thru and to review the project's overall design and site plan configuration' and its effect on.. surrounding properties. Conditional Use Permit for Planned Development Overlay District In accordance to Municipal Code Section 22.22.150, pertaining to required findings for a Conditional Use Permit for Planned Development Overlay. District, the City Council finds as follows: (f) Zone Change .2006-01 will change the existing zoning from C-1 to High Density Residential (RH) which is consistent with the General Plan land use designation for the project site. However, the Planned Development Overlay is needed because units 7 through 9 will not maintain the required 20 foot front setback. Unit ,7 will maintain a varying front setback of 20 to.17.5 feet. Units 8 and 9 will maintain a setback of 17.5 feet. Because of the irregular shape of the site, the angle of the rear property line and the requirement to maintain a minimum 26 foot wide drive isle for backing out of the garages, and to have an end product that marketable in terms of livablesquare footage, a consistent 20 foot front setback can not be maintained. Considering the about of patio and planting areas in the front yards and common area between units 7 and 8, staff believes that the front setbacks provided for these units is-approprlate for this project. For approximately 10 lineal feet a retaining wall with an exposed height of nine feet is proposed at the west property line. Another wall in the` same, area which encloses the side yard° for unit one is proposed at the same height. TheseValls are needed because of the grade' difference'between the neighboring property and the ,project site. 'Almost all of the exposed height of the walls will be viewed from inside the project site. The applicant believes that the exposed height of the vralls could be reduced to eight feet. Because of the grade 3 rt}C7..: differences and the lineal feet of the walls is minimal and the walls will be viewed from inside the project site, staff believes that the height of the walls is appropriate for this project. Since the rear of each condominium unit faces the center of the project site and drive isle that is 26 to 30 ft. wide, there is no rear yard.- However, considering that 24 percent of the project site is landscaped which exceeds the minimum 15 percent requirement and the garages are not part of the streetscape, staff believes that the placement of the units is appropriate. Additionally, the purpose of setbacks is to provide light and separation between structures. The drive isle provides this. (g) The.proposed map is a non -gaffed subdivision fora nine unitdetached condominium development with private entry and drive isle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In orderto meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at nine units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which. is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements: (h) As discussed in Finding (g), (j), (1) and (o) above, the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) 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 as described in Findings (g), (j), (1) and (o) above. (j) The ND reviewed issues related to public interest, health, safety and improvement related to this project. It was found that the project will not have a significant effect on these issues. In some instances mitigation measures are incorporated .into the project to ensure that the project's effect on these issues will be "less than significant". Therefore,granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and on district in which the property is located. 4 (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California EnvironmentalQuality Act (CEQA) . and guidelines promulgated thereunder. 5. Based on the findings and conclusions set forth above, the City Council hereby recommends that. the City Council approve Conditional Use Permit No. 2007-10 Planned Development Overlay and Development Review No. 2006-11 for TTM No. 64881 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL This approval shall be null and void and of no effect unless the Negative Declaration' No. 2007-03 is adopted and TTM No. 64881, Zone Change No. 2006-01, Planned Development Overlay Conditional Use Permit No. 2007-10 and Development Review No. 2006=11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved pursuant to Development Code Section 22.66. b.: SITE DEVELOPMENT 1. Approximately ten lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for. unit one is. shall not exceed an exposed 5. Prior to plan check submittal, the applicant shalf submit an exterior lighting plan and photometric study for Planning Division review and approval All lighting shall be designed to confine direct rays to the. subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time -clock or photo -sensor system. BUILDING AND SAFETY DIVISION 1. Prior to final map approval, applicant shall submit to the Building and Safety Divisioh'the design of all retaining walls for review and approval concurrently with the grading plan check. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather' access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on.the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography. dictates, turnarounds shall be provided for driveways that extend over150 feet in length., 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained.in accordance with the Fire Code. 5. Vehicular .access must be . provided and maintained serviceable throughout construction to all required fire ` hydrants. All required fire hydrants shall be installed, tested' and accepted prior to construction. 6. Applicant shall provide Fire Department or City approved street s numbers prior to occupancy. signs and building acces 7, Applicant shall provide water mains, fire hydrants and fire flows as required bythe County of Los :Angeles Fire Department, for "all.land shown on map which shall be recorded; 6 _: 8. Fire hydrant shall conform to the following requirements: (a) Install one fire hydrant; (b) Measure 6" x 4" x 2Y2' brass or bronze, conforming to current AWWA standards C503 or approved equal; (c) On site hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. 9. The required fire flow for public fire hydrants at this location shall be 1.500 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Mr. Joe Kwok,.GSDB Investment Group, LLC, 625 Fair Oak Avenue, #115, South Pasadena, CA 91,030 IT nr COMMUNITY. DEVELOPMENT � DIA►�IO11TD` SSR copies of City Council Resolution Nos. 2007 2. Applicant shall include signed - 44, 2007-45, 2007-46,- 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 plans, (such as but not limited to site plan, elevations, landscape/irrigation plan; grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the 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. 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. 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 comes first. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required 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 grant's approval. C. TIME LIMITS 1. 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 this map, at the City of Diamond Bar Community Development Department/ Panning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2: In' accordance with the Subdivision Map Act, Section 66463.5, TTM No. 64881 is valid for three years. An extension of time may be requested in writing and shalC only be considered if subrn(tted to the city no less than 60 days prior to the approvals expiration date. Final map approval will not be granted unless the map is in substantial compliance with TTM No. 64881 including all conditions and the applicant has entered into a subdivision. improvement agreement to the satisfaction of'the City Attorney. D. SITE DEVELOPMENT 1. The project site shall be developed in substantial conformance with TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-11 and Development Review No_ 200.6 submitted to and recommended ;approval by the City Council to . the City Council collectively referenced herein as Exhibit A -the subdivision map and site plan, elevations„ grading plan, sections, landscape/irrigation plans, and colors and materials board,.Exhibit "B"- Negative Declaration No. 2007-. 'dated September 11, 2007, as modified herein. 2. A Home Owner's Association .(HOA) shall be formed_ The HOA shall have Conditions and Restrictions s) and Articles of Incorporation of the HOA, are subject to the approval; of. Planning*. Division. and Public VV Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits; wvhich ever occurs first. A recorded copy shall be provided` to the: City Engineer. The HOA shall submit to the Planning Division a list of the names and. addresses of the officers on or before 'January 1 of each and. every year. and whenever said information:changes. 3.AI! :ground-mounted utility appurtenances such as transformers, ai'r:, conditioning condensers, etc., 'shall be. located out of public view and 11kd adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shat{ not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 5, House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved 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 Planning Division 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. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map .approval, a detailed landscapsabm iced to rrigation plans the Planshall nibg prepared by a licensed landscape architect and Division for review and approval prior. to issuance of building permits and recordation of the map, which ever occurs first. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement f all trash, debris, and refuse, whether during granted herein. The removalo or subsequent to construction shall be `done only by the property owner, ste contractor, who has been authorized applicant or by a duly permitted wa by the:City to provide collection, transportation, and disposal of. solid waste construction, and industrial, areas wi from residential, commercial, thin the applicants obligation to insure that the waste contractor City. It shall be the utilized has obtained permits from the City. of Diamond Bar to provide such services. 2: Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 12 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL: CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-70409 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval, 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 theCity. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. {icant shall submit to the City Engineer the 4. Prior to final map approval, app. detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted. by the City, applicant shall enter into a subdivision agreement with the City and shah post the appropriate security. 6. Prior to final map approval 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. 7. Prior to issuance of grading, permits, surety shall be posted. and an agreement executed guaranteeing .completion of all drainage. facilities. all parcels to necessary fordewate.ring the satisfaction of the City Engineer. g. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be., other conditions or ordinance requirements are specifically approved in modified; to those shown on the tentative parcel map upon approval by the Advisory agency: ; g. All identified geologic :hazards within the vesting tentative tract. map Engineer boundaries which cannot be eliminated as 'app`roved by the City. shall be:indicated on the final map. as "Restricted Use Area" subject to 13 geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown'on the final map. 10. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 11. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 12. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 13. Easements, satisfactory to the City. Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 14. After the final map records, applicant shall submit to the Public Works /Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded reap is received by the Public Works/Engineering Department. 15. Prior to occupancy; the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 16. Applicant shall contribute funds 'to, a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative'costs. 17. Applicant shall provide digitized information in, a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 shall be wholly contained within the boundaries of the map. 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. 8... GIFMDING 1. No grading or any staging or construction shall be performed prior to final map, approval by the. City, Council and map recordation. All .pertinent improvement plans shall. be approved by the City -Engineer prior to final map approval by the City Council. .14 , 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3 Exterior grading and construction activitiesand the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction: activities shall be reduced by watering the soil prior to and 'during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized. whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. 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 Iocked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of - building permits. (This may be on an incremental or.composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The. maximum grade of driveways serving building pad areas shall. be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade oras required by the. City Engineer. Driveways with a slope of 15 percent hall incorporate grooves for traction.. into. the construction as required by the City Engineer. 8. At the tune 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 erigineer and/or geologist licensed by the State "of, California. Prior to; the issuance of a grading permit; the report shall address, but not be limited to the following: a_ Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of b; All soils and geotechnical constraints (i.e , landslides, shear key locations, etc„) shall, be ,delineated in detail with respect to proposed building envelopesRestricted use ;are.as..and structural setbacks shall be considered and delineated prior to recordation of the final map. 15 C. Soil remediation measures shall be designed for a "worst case" geologic .interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40- scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plan Public be ks approved by the City Engineer and Los Angeles y Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the tailed soils and engineering geology reports. recommendations of the final de All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. A Standard Urban Stormwater Management Plan (s.USMPad onf plan and ming to City Ordinance is required to be incorporated in 9 g approved by the City Engineer. The applicant shall incorpStructural or Treatment Control Best Management Practices for storm water runoff into truction and post -construction the grading plans for consactivities respectively. Cy Eginee. Erosion 12. An erosioncontrol plan shall be.approved by teeto'tthenCitysr NPDES control plans shall be made in accordant requirements. . 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 14. Prepare a horizontal control plan and.submit concurrently with the grading plan for review and approval. 15. Prior to the issuance of Building Permits, a pre -construction meeting must be held atthe project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without rough grade certificate. 17. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project.final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions`. All down drains shall be hidden in swales diagonally or curvilinear across a slope face: 2. All drainage improvements necessary for dewatering and protecting the to issuance of building permits; subdivided properties shall be installed prior for construction upon any parcel that may be. subject to drainage_ flows entering,' leaving, or within a parcel.relative to which a building permit is requested. 3.. All identified flood hazard: locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard'Area." 4. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County. ''. Flood Control Districts:, All storm drain facilities plans shall.be plan checked by the City and County of Los.Angeles and all fees'required shall be paid by the:applicant. 5. Afinal drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to, and approyed, by the City Engineer and Los - 'Angeles Public Works Department prior to, grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in `accordance with County of Los Angeles Standards. Private (and #uture) easements.for storm drain purposes shall be offered and shown on .,the. final map for dedicationto the City: 17 . 6. 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 and Los Angeles Public Works Department. 7. A comprehensive maintenance plan/program shall be submitted Deconcurrently artrnent for with the storm drain plans to the Public Works/Engineering p review and approval by the City Engineer. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments f this construction with the Los Angeles County that are removed as part o Public Works Survey Division. 2. Prior to the. issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Prior to building occupancy, applicant shall construct base and pavementfor all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shat! construct or enter into an improvement agreement. with the City guaranteeing construction- of the necessary improvements to the existing water system according to Walnut Valley_ Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVW D and Fire Department. 4; Prior to final map approval or issuance of building pecmitvvhichever 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 18 submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to 'recordation of final map, applicant shall provide separate underground utility services to each parcel. per. Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, ive utility company standards. Easements in accordance with the respect required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of.any mature tree except as approved by a registered arborist. F. SEWERS 1. 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 the sewerage system to be used' as the outfall for the .sewers in this land division. If.the system is found to be of insufficient capacity; the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be: of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement`executed prior to approval of the finaC. map. 3. Applicant shall obtarn connection permit(s) from the City ,and County Sanitation District prior to issuance of building permits The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and.trunk lines shall: own on the final map and offered. for dedicatian,on the,final map. 4. 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 Sanitation District Standards prior to occupancy. . APPLIGANT SHALL. CO...NTACT THE: ,BUILDING. AND SAFETY DIVISION, (909) 839.-7020; FOR COMLIANCE WITH THE FALLOWING CONDITIONS: 1. Plans shall confarm.to State arid Local Building Code (i:e.; 20Q1 California Building Code, California Plumbing Code,. California Mechanical Code, and the. 2001National Electrical, Code) requirements and all other. applicable 1g construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4).. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number, of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. All balconies shall be designed for 601b. live load: 8. Guardrails shall be designed for 20 load applied laterally at top of the rail. g. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification: 10. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE, LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear,a minimum 28 foot at all times during construction in accordance with Fire Department requirements: 2. Prior to the issuance of;any building permits for combustible construction, evidence shall be'submitted to'the Fire .Department that temporary water tion is available pending completion of the required fire. supply for fire protec protection. system. _ . 20 WA AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL, (909) 839-7030. FAX (909) 861-3117 AGENDA ITEM NO. 7.3 MEETING DATE: January 11,`2011 CASE/FILE NUMBER: PL2010-163 PROJECT LOCATION: 2705 S. Diamond Bar Blvd. (Los Angeles County Assessor's Parcel Numbers 8285-020- 096 and 097). APPLICATION REQUEST: 1. Development Review to construct a 36,142 square -foot, new three story professional office building on a 41,110 square -foot (0.94 acre); 2. Tentative Tract Map No. 71396 to subdivide air space for a, 30 -unit office condominium; 3. Variance to increase the building height from 35 feet to 39 feet; 4. Parking Permit toshare driveway access and parking between the proposed development and Diamond Hills Plaza (the existing shopping center); and 5. Comprehensive Sign Program for the signage on the building. Zoning: Community Commercial (C-2) General Plan Designation: General Commercial PROPERTY OWNER: Country Hills Holdings, LLC 8115 Preston Road, Suite 400 Dallas, TX 75225 APPLICANT: THL Investments, LLC 17528 Rowland City of Industry, CA 91748 STAFF RECOMMENDATION: Recommend approval to the City Council, subject to conditions. View From Fountain Springs Road Previous Entitlements In 2008, the first phase of a major renovation was completed at Diamond Hills Plaza. The planned build -out of the renovation included an exterior fagade remodel for the former theatre building and removal of two buildings at the southerly end of the center (a freestanding daycare center and a multi -tenant shop building) to facilitate the construction of a three story medical office building. A,two story retail/bffice building was also approved on the vacant pad at the north end of the shopping center where the current three story office building is being proposed. Among the original entitlements, a variance to increase the building heights of both existing and proposed buildings was approved. In 2009, the three story medical office and two story retail/office building projects were terminated, and the Commission approved plans to renovate the existing two buildings instead. In addition, the Commission approved the demolition of the theatre building and the construction of a new inline shop building in its place. Project Description As stated, the two story retail/office building planned for the north end of the center was cancelled. In its place, the applicant proposes to build a three story professional office building. The proposed building will have 30 units, to be sold as office condominiums governed by an association. The unit sizes range from 375 to 2,407 square feet and the building will have two public restrooms on each floor. The parcel on which the building is proposed will have 47 parking spaces on-site to share with the existing shopping center. A comparison of the previously approved two story office/retail building and the three story office building currently being proposed is listed on the following page. Page 3 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/201 I.docx The proposed building has been designed to be complementary to the existing buildings within the shopping center and its massing has been skillfully designed to fit the site and its surroundings. The proposed building will be screened from Fountain Springs Road through a variety of tall existing trees along Fountain Springs Road, and is well accented on all sides of the building. The third floor has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. Several alternatives were explored to reduce the building mass along Fountain Springs Road and as described below: 1. Shifting the building back an additional 10 feet to a total of 20 feet from the Fountain Springs property line. This was not a viable option because the shopping center owner was not willing to eliminate additional parking spaces as a result of shifting the building farther back; 2. Rotating the building to back up to the existing two story building at the corner of Diamond Bar Blvd. and Fountain Springs Rd. This was not feasible because the proposed building would not fit within the boundaries of its lot; 3. Moving the building to the west, directly north of the former theatre location. This was not feasible due to existing utility easements along the north property line; and 4. Stepping back the third story to reduce the building mass along Fountain Springs Road. While staff believes this would be a good solution, the applicant had concerns about how the reduction in floor area would affect the return on investment, and has pursued other design solutions to reduce the perceived mass of the building. Page 4 of 12 CD: Staff Reports PC/Diamond Bar Blvd,, 2705 PC Staff Report 01/11/201 I.docx Study Session On August 24, 2010, a study session was held to solicit comments and/or concerns from the Planning Commission as well as the public regarding the proposal. Staff had concerns with the scale and massing of the building and its visual impact on Fountain Springs Road. The Commission reviewed the conceptual plan and had the following comments regarding the proposal. Issue/Concern Raised.: Efforts J0:'ACCr0ss0ncerns 1. Privacy into yards of single- e Elimination of the third floor balcony facing Fountain family homes across the Springs Road. street ® A line of sight comparison is provided on Sheet A-203. 2. Reciprocal Parking e A condition is added to require a reciprocal parking Agreement agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas. 3. Traffic Impacts e A revised traffic study concluded that the proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. 4. Off -Street Parking Along The east curbside of Fountain Springs Road is currently Fountain Springs Road red striped. Staff reviewed the option of red striping along the west curbside of Fountain Springs Road with the Public Works/Engineering Department and was advised that it may cause existing overflow parking on the street to park on the residential streets nearby. The PW Department believes that the current on -street parking on Fountain Springs Road is overflow parking from patrons of the existing two-story commercial building on the corner of DBB and Fountain Springs Road. The PW Department explained that there is currently no identified concern at this time. In addition, the customers of the proposed office building are expected to park on-site because the parking would be more convenient and accessible than parking on Fountain Springs Road. Review Authority (Diamond Bar Municipal Code Sections 22.48, 21.20.080, 22.54, 22.30.050, and 22.36.060) The proposed project requires five entitlement applications for review. The Tentative Tract Map requires City Council approval, and the Development Review, Variance, Parking Permit and Comprehensive Sign Program require Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be Page 5 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.docx processed simultaneously by the highest review authority. Therefore, the Planning Commission will be forwarding a recommendation to the City Council for all five entitlements described below. Development Review: The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields,a pleasant living environment, and attracts the interest of residents and visitors as the result of consistent exemplary design. Architectural Features, Colors, and Material: The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and architecture. Additionally, a primary objective is to promote compatibility with adjacent uses to minimize any potential negative impacts. The architectural style is the same contemporary style as the existing buildings in the shopping center. The proposed building incorporates the following details to match the existing renovated buildings within the shopping center: ® Towers and parapets; ® Sand finish stucco walls painted in similar colors; ® Stone veneer at the bottom base of the building; ® Architectural details such as cornice and window moldings; • Exterior wall sconce lighting; and ® Recessed decorative metal grills. Landscaping: A landscape plan was submitted with the application. The landscape will be enhanced by adding trees, shrubs, and vines around the perimeter of the building. There will be four 24 -inch box Crape Myrtle trees planted in front of the building, in addition to shrubs. The retaining wall ,at the rear of the building will be screened with shrubs and creeping fig vines. Plant types proposed are non-invasive plant species. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. Tentative Tract Map: Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Tract Map is required for the creation of a condominium or other common interest development simultaneously with the construction of a new structure. There are 30 Units proposed within the new three office story building, to be sold as condominiums and governed by an association. The unit sizes range from 375 to 2,407 square feet. The two public restrooms on each floor will be part of the building's common areas. The property will have 47 parking spaces on-site to share with the Page 6 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.docx existing shopping center. A copy of the draft Covenants, Conditions, and Restrictions (CC&Rs) that will govern the 30 units within the building is included as Attachment 5, and shall be reviewed and approved by the City Attorney prior to the issuance of building permits. - Variance: Variances allow for adjustment from the development standards and may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of the development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obvio'usly impractical to require compliance with the development standards. A Variance is requested to increase the building height from 35 feet to 39 feet. The additional four -foot, six-inch rooftop equipment enclosure is an allowed exception to the maximum building height pursuant to Section 22.16.060(2)a. The site is unique because it is part of an existing shopping center that is constrained by a grade difference from the street. The existing pad is currently five feet below Fountain Springs Road. The existing two story commercial building on the corner of Fountain Springs Road and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Also, the roof line of the existing adjacent building is nearly at the same level of the proposed three story building. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. Therefore staff recommends that the Planning Commission grant the variance to the building height. Traffic, Parking and Circulation Parking Permit: According to Section 22.30.050 of the Development Code, where two commercial uses are developed as a recognized shopping center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the amount of spaces required for the least intensive of the two or more uses sharing the parking. Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. Diamond Hills Plaza and the AAA Page 7 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/201 1.docx office building (under separate ownership) have a shared parking agreement. The existing gross floor area of the shopping center excluding the AAA office building is 158,922 square feet, and therefore, requires 530 parking spaces. The AAA office building is 20,000 sq. ft. and therefore, requires 50 spaces. A recycling facility occupies 3 spaces, and there are specialized education and training uses as well as foot massage services that require additional parking demand. The existing shopping center with the proposed new building will be required to provide 739 spaces. There will be 926 spaces, and will exceed the requirement by providing a surplus of 187 spaces. Parking Requirement When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Law & Greenspan and is included as Attachment 6. This assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the north end of the shopping center is not heavily congested or utilized. A shared parking analysis is summarized in the table on the following page: Page 8 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.doex • rll�! 1�111 11•�ll ll Shopping Center 124,975 11300 417 Fast Food 7,467 1 /100 sq. ft., plus 75 1/100 outdoor dining Sakura Foot Massage 1,138 1/300 sq. ft. plus 1 per 8 employee Tae Kwon Do Martial 3,142 1 space per 150 sq. ft. 29 Arts and 1 per employee Music Academy 10,200 1 space per 300 sq. ft. 67 plus 1 per employee AAA Office 20,000 1/400 sq. ft. 50 )0 E3 Recycling Center N/A N/A Proposed Office 36,134 1/400 sq. ft. 3 90 Building ­­ ---Total - 203,056 739 926. When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Law & Greenspan and is included as Attachment 6. This assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the north end of the shopping center is not heavily congested or utilized. A shared parking analysis is summarized in the table on the following page: Page 8 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.doex Shared Parking Demand Analysis Also, based on the supplemental traffic impact study, the intersection capacity analysis for the intersection of Diamond Bar Boulevard at Fountain Springs Road indicates that the proposed project will not have a significant traffic impact and is forecast to operate at Level of Service (LOS) C and D during the AM peak hour and PM, peak hour, respectively. There will be some redistribution of trips at the Fountain Springs Road driveway due to the changes in the build -out of the center from what was originally planned, but there will be no significant impact to the intersection of Diamond Bar Boulevard and Fountain Springs Road as a result of the increased floor area at the north end of the center. Similar to the previously approved project, this intersection is forecast to operate at LOS C and D during the AM peak hour and PM peak hours, respectively (Refer'to the table below for the peak hour intersection capacity analysis). Year 2016 Peak Hour Intersection Capacity Analysis Diamond Bar, Time 2003 Traffic I I Year 2016 Yeat2016 Significant @ 11 Fountain . I Period Conditions Cumul a I tive CuMulatiVe IMp 'act* SpHlngsProject Traffic ICU* LOS ICU Los ICU, I LOSJ. ICU, Y/W Inc.: Traffic Impact of AM 0.639 B 0.771 c 0.786 C 0.015 No Previously PM 0.665 B 0.868 D 0.893 D 0.025 No Approved Prgie�q_ Traffic Impact of AM 0.639 B 0.771 C 0.788 C 0.017 No Proposed Project PM 0.665 B 0.868 D 0.886 D 0.018 No *ICU: Intersection Capacity Utilization technique estimates the volume -to -capacity relationship for an intersection. "Significant impact is defined as a 0.02 or greater increase in ICU value of a signalized intersection where the final LOS is E or F. The proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. Therefore no mitigation measures or improvements are required for the proposed project other than those previously identified in the previous project. However a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of Page 9 of 12 CD: Staff Reports PC/Diamond Bar'Blvd, 2705 PC Staff Report 01 /11/201 l.docx building permits (Recommended Condition of Approval #2 in Attachment 1: Draft Resolution). Comprehensive Sign Program: Comprehensive Sign Programs are used to integrate the signage with the design of the development to achieve a unified architectural statement. The program has specific requirements for signs proposed for the development. The program limits signage to the first floor in front of the building, building name and address. All signage is limited to a single line of text, with a maximum of 18 inches in height. The proposed signs are individual channel letters, illuminated using L.E.D. lighting. All sign lighting power sources shall be located at the building interior — above the finished ceiling. Colors are limited to blue and red with black trimcap and returns. The proposed signage is appropriate with the building and is complementary to the signage in the shopping center. All other signage for all units in the building will be inside the lobby. To provide pedestrians better awareness of other tenants and directions around the shopping center, a wayfinding study is incorporated into the signage program. The proposal is to install four directional signs throughout the shopping center (See Attachment 4). The new directional signs will make it easier for the public to access all areas of the shopping center including the proposed new building, and thus creating a more walkable and pedestrian -friendly shopping center. Compatibility with Neighborhood The shopping center has numerous different uses including a grocery store, restaurants, a taekwondo studio, music school, professional offices, an AAA office building, and other retail and service uses. As such, the operational characteristics of the proposed office building are compatible with the existing uses in the shopping center. Page 10 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.docx Historically, the north end of the shopping center has been more desolate and less occupied with commercial activity than the south side of the shopping center.: Allowing a new use such as an office building into the shopping center brings a workforce population to create more synergy and activity in the center. The employees and patrons of the offices will be exposed to, and shop at, the stores and restaurants in the center. This may also produce additional activity tosupport additional retail and restaurant uses to fill the current vacancies in the center. Single-family homes surround the shopping center to the north, east and west. The existing Brea Canyon Channel separates the westerly residential area from the shopping center. The setback on the third floor acknowledges the lower scale buildings in the area. In addition, there are six 30 to 45 -foot high existing trees on the northerly edge of the property along Fountain Springs Road, which help buffer and screen the proposed three-story building from Fountain Springs Road. Staff added a condition to ensure that the existing trees are protected in place during and after construction (Recommended Condition of Approval #3 in Attachment 1: Draft Resolution). Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on December 22, 2010, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on December 31, 2010, The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration incorporating a two story retail/office building on the subject property was approved on. December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Page 11 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.docx Pursuant to the provision . s of Article 11, Sect ' ion 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two story retail/office building to a three story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore no further environmental review is required. Staff recommends that the Planning Commission adopt the attached Resolution (Attachment #1) recommending that the City Council approve the Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program for Planning Case No. PI -2010-163, to allow a three story professional office condominium building, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: 4&aS��.'Lee Senior Planner Attachments: Reviewed by: Greg Gubman, AICP Community Development Director 1. Draft Resolution No. 2010 -XX and Conditions of Approval 2. Architectural and Landscape Plans, Elevations 3. Tentative Tract Map No. 71396 4. Building Signage Program and Pedestrian Wayfinding Signage 5. Declaration of Covenants, Conditions, and Restrictions (CC&R's) 6. Supplemental Traffic and Parking Assessment 7. Index Map of Photographs 8. Previously Approved Site Plan, Floor Plan and Elevations 9. Initial Study/Environmental Checklist Page 12 of 12 CD: Staff Reports PC/Diamond Bar Blvd., 2705 PC Staff Report 01/11/2011.docx Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2011 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT. THE CITY COUNCIL APPROVE PROJECT NO. PL 2010-163 CONSISTING OF DEVELOPMENT REVIEW, TENTATIVE TRACT MAP, VARIANCE, PARKING PERMIT, AND COMPREHENSIVE SIGN PROGRAM. A DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A NEW 36,142 SQUARE -FOOT THREE STORY PROFESSIONAL OFFICE CONDOMINIUM BUILDING; A TENTATIVE TRACT MAP NO. 71396 TO SUBDIVIDE AIR SPACE FOR A 30 -UNIT OFFICE CONDOMINIUM; A VARIANCE TO INCREASE THE BUILDING HEIGHT FROM 35 FEET TO 39 FEET; -A PARKING PERMIT TO SHARE ACCESS AND PARKING WITH DIAMOND HILLS PLAZA; AND A, COMPREHENSIVE SIGN PROGRAM FOR NEW SIGNAGE ON THE BUILDING LOCATED AT 2705 S. DIAMOND . BAR BOULEVARD (ASSESSOR'S PARCEL NOS. 8285-020-096 AND 097). A. RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, THL Investments, LLC, have filed an application for Project No. PL 2010-163 to construct a 36,142 square -foot, new three story professional office condominium building located at 2705 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The following approvals are requested from the City Council: (a) Development Review to construct a 36,142 square -foot, new three story professional office building; (b) Tentative Tract Map to subdivide. air. space for a 30 -unit office condominium; (c) Variance to increase the building height from 35 to 39 feet; (d) Parking Permit to share access and parking with Diamond Hills Plaza; and (e)Comprehensive Sign Program for new signage bn the building. Hereinafter in this Resolution, the subject Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program shall be referred to as the "Proposed Project." 3. The subject property is comprised of:two parcels totaling 0.94 acres. It is located in the Community Commercial (C-2)' zone 'and is consistent with he General Plan. the General Commercial land use designation of t 4. The legal description of the subject property is Parcel Map 18722 Lot 11. The Assessor's Parcel Numbers are 8285-020-096 and 097. 5. On December 31, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and 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. 6. On January 11, 20.11, 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. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby determines the Project to have less than significant effect on the environment. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration incorporating a two story retail/office building on the subject property, was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. ` Upon the completion, of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect ontheenvironment. The proposed change of this property from, a, two story retail/office building to a three story, office building would not generate. environmental impacts substantially different 2 Planning, Commission Resolution No. 2011 -XX from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning .Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48, 21.20.080; 22.54, 22.30.050, and 22.36.060 this Planning Commission hereby finds and recommends as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district,. design guidelines, .and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned. developments); The proposed new. three` story office building is consistent with the applicable elements of the City's: General Plan, City Design Guidelines and , development standards by meeting all of the required setbacks, except the building height: The propos ed:building.has been; designed to be complementary to the existing renovated buildings within the shopping center and its massing has been skillfully designed to fit the site and its surroundings. The third floor has been stepped back an additional five feet, sixinches to reduce the building mass as viewed from Fountain Springs` Road. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 2. :The design and layout of the proposed development will not interfere with theuse and enjoyment of neighboring existing` or future developments, and will not create traffic or pedestrian hazards; The,proposed new three story office building will not interfere with the use or enjoyment of neighboring existing or future developments because the use of the project site is designated for commerclal uses and is within an existing shopping center. In' addition, the Third_ floor has been stepped 3 -XX Planning Commission. Resolution. No. 2011 back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. The proposed new office building will not interfere with vehicular or pedestrian movements, such as access or other functional requirements. A supplemental traffic study concluded that the proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. In addition, a condition is added to the project requiring the, applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits. 3. 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 this chapter, the general plan, or any applicable specific plan; The new office building is designed to be compatible with the character of the neighborhood, and incorporated architectural details and colors to match the existing renovated buildings within the shopping center. 4. The design of the proposed development will provide a desirable 11 environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; The _ design of the new office building is a contemporary style of architecture to match the existing renovated buildings within the shopping center. Variation in the building elements has been achieved through the utilization of varying architectural features such as towers and balconies, building colors and materials, and landscaping. The project has a balance, involving well-proportioned masses and features. 5.. The proposed, development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any Cityy permits, the proposed Project is required to comply with . all conditions within the approved resolution,' and the Building and Safety Division and Public Works' Departments, and L.A. County Fire. Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is . not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity 4 Planning Commission Resolution No. 2011 XX `, 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant effect . on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was. prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment: The proposed change of this property from a two-story retail/office building to a . three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Variance Findings (DBMC Section 22.54) 1. There are special circumstances applicable to the property (e.g., location, shape; size, surroundings, topography, or other conditions), so that thb strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary; and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; :Th e.subject site has a grade constraint where the, existing pad is five-foot below the street. The existing two, story office. building on the corner of Fountain Springs Road and Dia 'Mond Bar Boulevard is on a higher pad than the' . proposed office building pad. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center, including the proposed office building. No other existing shopping centers In the City have this: visibility problem. Furthermore, .the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other. Shopping center. experiences, ' the strict application of the development 5 -XX Planning Commission Resolution No. 2011 ' code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. 2. 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 district and denied to the property owner for which the variance is sought; A variance is requested to increase the building height from 35 feet to 39 feet. The site is unique because it is part of an existing shopping center that is constrained by a grade difference from the street. The existing pad is currently five-foot below Fountain Springs Road. The existing two story office building on the corner of. Fountain Springs Road and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Also, the roof line of the existing adjacent building is nearly at the same level of the proposed three story building. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application. of the development code denies the applicant of the same privileges enjoyed ,by property owners of other shopping centers. 3. Granting the variance is consistent with the general. plan and any applicable specific plan; The Variance is consistent with the general plan as it will allow for the development of an office building that is in scale with the surrounding buildings. The site is not located within a specific plan. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division; Public Works Department,. and L.A. County Fire . Department requirements. The referenced agencies through. the permit and inspection process will ensure that the proposed project. is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity: 5. -The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 6 -XX Planning Commission Resolution No. 2011 The proposed project will have less than significant effect on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline, shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts. that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a three-story office building would not generate, environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Tentative Map. Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision- Ordinance, the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvernent; _ is consistent with the general plan and any applicable specific plan; The proposed project involves the condominium subdivision of the site with 30 office units, and approximately .0.66 acres of parking areas, driveway easements, and landscaping. The General Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 2. The, site is physically. suitable for the type and proposed. density of development; The proposed condominium subdivision . will lie consistent with the General Plan land use designation of General Commercial, which allows for the development of 30 .office units in 'a 36,142 square -foot building_,, The building will have a ten -foot setback from Fountain Springs Road and_ is located within an urbanized area. adequately served by existing 7 . Planning Commission Resolution No. 2011 -XX roadways and infrastructure.. Therefore the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat; The design of the subdivision or the proposed improvements, will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The proposed subdivision or typeof improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area and is consistent with other similar improvements in the area. 5. The design of the subdivision or type of improvements will not conflict with easements," acquired by the public at large for access through or use of, property within the proposed subdivision. The site has existing utility easements with the existing shopping center. In addition, a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas; prior to the issuance of building permits. 6. The discharge` of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality, Control Board; A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in - intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced. the overall square footage in the shopping` center, even though the proposed three story. professional.'Office- building is larger' than the previously approved two story retail/office budding approved on this pad. Planning Commission Resolution N6.2011 XX . Pursuant to ` the provisionsof Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a - less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a, three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and The existing pad has already been graded. Further grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. 8. The proposed subdivision is. consistent with all applicable provisions of the City's, subdivision ordinance, the development code, and the subdivision map act. The proposed subdivision is - consistent with the .City's subdivision ordinance, subdivision map act, and applicable development code. Parking Permit Findings (DBMC Section 22.36.060) 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and The existing gross floor area of: the shopping center excluding the AAA office building is 158,922 square feet, therefore, requires 530 parking spaces. The AAA office building is 20, 000 sq. ft., therefore, requires 50 spaces. A recycling facility occupies. 3. spaces, and there are specialized education and training uses as well as foot massage. services that require additional parking demand. The existing shopping center with the proposed new building will be required to provide 739 spaces. There will be 926 spaces, and will exceed the requirement by providing a surplus of 187 spaces. 2' A parking permit is approved in compliance with Section .22.30 050 (Reduction of off-street parking requirements for. shared uses):. When reviewing parking impacts on shopping centers, the various ;uses and peak business hours 'for those uses are taken into consideration.. 'The existing 'shopping .center has uses.'ranging from restaurants, :`offices, 9' -XX Planning Commission Resolution No. 2011. personal services, and retail uses. The different uses result in a range of peak business hours and parking demands.. The supplemental traffic and parking assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the north end of the shopping center is not heavily congested or utilized. Comprehensive Sign Program Findings (DBMC Section 22.36.060) 1. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section; The comprehensive sign program satisfies the purpose and intent of the development code by integrating the signage with the design of the building and having specific requirements for signs proposed for the building. 2. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development; The proposed comprehensive sign program enhances the overall development by limiting the signage to the first floor in front of.the building, building name and address. All signage is limited to a single line of text, with a maximum of 18 -inches in height. The proposed signs are individual channel letters, illuminated using C.E.D. lighting. All sign lighting power sources shall. be located at the building interior — above the finished ceiling. Colors are limited to blue and red with black. trimcap and returns. The proposed signage is appropriate with the building and is complementary to the signage in the shopping center. All other signage for all units in the building will be inside the lobby. . To provide pedestrians better awareness of other tenants and directions. around the shopping center, a wayfinding study is incorporated into the signage program. The proposal is to install four directional signs throughout the shopping center. The new directional signs will make it easier for the public to access all areas of the shopping center including the proposed new building, thus, creating a more walkableand pedestrian -friendly shopping center. 3. The comprehensive sign program accommodates future revisions which may be required. due to changes in uses or tenants; and ':The comprehensive sign program accommodates future revisions by having, minor changes reviewed by staff and .the Community Development . 10. Planning Commission Resolution No. 2011.. -XX: Director, and any major changes to be reviewed by the Planning Commission. 4. The. comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. The comprehensive sign program complies with the standards of Chapter 22.36 and will enhance the overall development through consistency with the City's Design Guidelines for commercial signage, uniformity and easy identification of the signs, and neighborhood compatibility. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 22.48, 21.20.080, 22.54; 22.30.050, and 22.36.060 this Planning Commission hereby finds and` .recommends that the City Council approve the Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL 1. The development shall comply with, the.. Conditions of Approval attached hereto and referenced herein. 2. Prior to the issuance of building permits,: the applicant shall submit a reciprocal 'access and parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, subject to the approval of the. Community Development Director., 3. The applicant shall ensure that the existing trees along Fountain Springs Road are protected in place during and after, construction and shall be maintained as follows:' a. Minimum Pruning: Standard pruning shall consist of "Crown Cleaning" as defined. by the International. Society of Arboriculture ;(ISA) Pruning Guidelines. Trees shall be. pruned to reduce hazards and, develop, strong, safe framework. b:Maximum: Pruning:: No more than one fourth (25 percent) of the functioning leaf ; and stem area may, be removed within a calendar. year of any. tree designated as being. protected, or removal of foliage so. as, to cause the unbalancing of the tree... c Root Protection: Roots that are encountered shall be cut back to.sound wood and .repaired (i.e.. repaired root shall be cut back 11 Planning Commission.Resolution No. 2011 -XX to sound wood and covered with either a plastic bag secured with tape or rubber band or coated with latex paint). Roots 2 inches and greater must remain injury free. 4. Provide tree wells within the parking lot and planted with a small slow growing tree. 5. All landscaping on the site shall comply with the City's Water Conservation Landscaping Ordinance No. 02(2009). 6. A permanent maintenance program shall be implemented ensuring regular irrigation, fertilization and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. 7. All visible vents, gutters, down spouts, flashings, and the like shall match the calor of the building. 8. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP). for this entitlement are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs, the Community Development Director shall determine compliance so long as it does not conflict with the California Environmental Quality Act (CEQA) and the more restrictive measure or condition applies: B. TENTATIVE TRACT CONDITIONS 1.. The development shall mitigate or eliminate environmental problems identified through the environmental review process, except wherestatement of overriding considerations has been .a adopted in compliance with CEQA; 2. The development shall_ carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance; 3. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan; 4. Any designated remainder parcels shall not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with the Subdivision Ordinance, 5.. Prior' to `the 'issuance ; of . building: permits, ., the Covenants; _. , .. , Conditions, aria Restrictions (CC&R s) that govern the . 3Q units 12 Planning Commission Resolution No; 2011 -XX within the building shall be reviewed and approved by the City Attorney.` 6. Group mailboxes shall be fully treated with architecture and/or landscape screening to the satisfaction of the Community Development Director if provided at the exterior of the building. C. ENVIRONMENTAL MITIGATION CONDITIONS 1. The following measures should be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM10 and PM 2.5 emissions: 2 • Water exposed surfaces frequently (as necessary) to . prevent fugitive dust; • Cover all stockpile of soil/fill with tarps; and ® Cover loads of soil/fill on trucks hauling dirt. The following measures should be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: 6. The City shall restrict demolition and construction operations to within the hours of 7:30 a.m. to 5:30 p.m. Monday through -Friday. No construction activities shall take place outside of these hours or on the weekends or holidays, unless emergency' measures are required. 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: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 1,1T" DAY OF JANUARY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, Chairman JA Ln Y4� ,rx"ti ,6A ME COMMUNITY • DEPARTMENT. STANDARD CONDITIONS NEWAND - •D- A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section. 66474.9(b). (1) the applicant shall defend, indemnify, and hold harmless the City; and. its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Develop m'ent.Review and Variance No. PL 2010-163 brought within the time period provided by Government Code Section' 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the. City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants: The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 at. the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2011 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size).. The. sheets) are for information only to, all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check; revised site .plans and .building ..elevations incorporating all Conditions of Approval shall be ;submitted for Planning Division review and approval 6. Prior to any use of the project site or business. activity being commenced thereon, all'conditions of approval shall.be`completed. 16 Planning Commission Resolution No 2611 -XX 7. The project site shall be maintained and operated in full compliance with the conditions of approval and. all laws, or other applicable Federal, State, or City regulations. 8. 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. 9. All site, grading, land scapelirrigation, roof, and elevation plans shall be coordinated for consistency prior to .issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, .and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof -mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc.,, shall be maintained in a structurally sound,. safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved. 6. If any aspect of construction requires the use of an easement on a third party's property or the use of an easement. granted to a third party on the applicant's property, the applicant. must provide the City with correspondence/proof documenting that the easement has been granted before any building permits will be issued. 7.. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers and shall agree to. abide by all conditions of approval required by the Community Development Director. 8. Prior to issuance of a building permit, the location,size, and.screening of all building utility service connections, including water, gas,. and electric service, fire service, and irrigation connections shall be approved by the. Community Development Director. All changes to building utility connections shall be approved by the Community. Development Director.. prior to 'construction. Building utility connections shall be located, sized,, and screened in. such a manner that they have the least possible impact on the design of the building and site. ..The architect of record shall be . directly- involved in the design and placement of all site :and building service connections and shall sign all plans submitted to the City which locate, size: and../or screen utility connections. 9. Additional `, plant . materials. may be.. required by the Community Development Director: and shall be planted prior to final occupancy in 18 Planning Commission Resolution 14 2011 XX orderto screen utility connections, valves; backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, . valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected.. 10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070. The City shall promptly notify the applicant of any claim, action of proceeding; and shall cooperate fully in the defense thereof, APPLICANT - SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business ,days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval, 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. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5.Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6: Prior to final map approval all site grading, landscaping; irrigation, 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 an& private improvements. 7. Prior to issuance of grading permits; surety shall be posted and an agreement executed guaranteeing completion of ,all 'drainage facilities necessary for dewatering` all parcels to the satisfaction of the. City Engineer. `8. Easements for disposal of, drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved; by the City Engineer:' . The CC&R's shall also include all provisions permitting cross lot drainage 20 Planning Commission Resolution No. 2011 XX 9. Prior to any work performed in the street right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 10. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 11. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City or respective utility company. 12. After the final map records, applicant. shall submit to the . Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 13. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 2: Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration 'of rodents to existing residential and commercial sites. A plan detailing the proposed rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review. 3. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 4. Exterior 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 7:30 a.m. ' and 5:30 p.m., Monday through Friday: 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 utilized whenever possible. In addition, all construction equipment shall be properly muffled to reduce noise levels. 5. 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 proposed development shall be locked whenever the construction site is not supervised. 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. 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. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following if applicable; a. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. b. All geologic data including landslides and exploratory excavations must .be. Shown on . aconsolidated geotechnical map using the 40 -scale final grading plan as a base. c All geotechnical and soils .related findings and recommendations Shall be:, reviewed and :approved by th City. Engineer prior to issuance of any grading permits and recordation of the final map. 22. Planning Commission Resolution N6.,201 I XX.. 8. Prior to issuance of grading permits; storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 16. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to .the issuance of any project final inspections/certificate of occupancy; C. DRAINAGE 1. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 2. All storm drain facilities plans shall be plan checked by the City. Engineer and all fees required shall be paid by the applicant. 3. A final drainage study and .final, drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to grading permit issuance. 3. Prior to building occupancy, applicant shall construct base and pavement for. all parking and private drive areas accordance with soils report prepared. by a California registered soils engineer and approved by the City Engineer or otherwise directed by the City Engineer. 4. Any damage that is caused to the Public right-of-way by construction activities' will be the responsibility, of the contractor to repair to the satisfaction of the City Engineer. E. UTILITIES 1. Easements; satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication. 2. Prior to. final map approval, or 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. Such letters shall be issued by the district, utility .and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 3. Prior to recordation of final map, applicant . shall : provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code,, including water, gas, electric power, telephone and cable TV; in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 4. Underground utilities. shall not be constructed within the drip line of any mature, tree except as approved' by a registered arborist. F. SEWERS G. ' TRAFFIC MITIGATIONS (NOT APPLICABLE) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION; (909) 839-7020, FOR COMPLIANCE WITH THE. FOLLOWING. CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter . be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday through Friday between the hours of 7:30 a.m. and 5:30 p.m. 5. Occupancy of the facilities shall not commence until such time as all Building Codes and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures °C and the site is within seismic category, (D). The applicant shall submit drawings ,and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 California Energy Code requirements of the State of California Energy Commission. 8.. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to. compliance with , specific permitting and reporting` requirements. Southern California Air Quality Management District (S CA approval/clearance will be required prior to the issuance of a. deriiolition permit: Please contact AQMD at .(909) 367-2327. 9 This project shall comply with all Accessibility Code requirements 26 Planning Commission Resolution No 2011-XX including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc: 'Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 11. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. A height survey may be required at completion of framing. 13. Provide exit analysis showing occupant load. for each space, exit width, exit signs, etc. 14. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building. square foot b. Each building height C. Type of construction - d. Sprinkler system e. Each group occupancy f Property line location in relation to each building (side yard) g. Exit analysis .for each . building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building L Shaft rating/ exterior walls construction/ opening protection 15 M 17 Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. All balconies shall be designed for 601b. live load. Indicate all easements on the site plan. 19. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 20.. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, . maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. I too3 Cl! z lit kz29 (D illy oBola• tl _ rul i \ _ g N (7 I. D b mo :C T P__.. I ch_ I I I I I I I I" d i g B fi fi fi fi fis h''@Gp�h'�I� A g a o g_1rA■{�(6 aA -I IRTc6�C�... 1 R. . 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J i -- J --- i --� ----- C U r O=O U ,- =NO'Sg Y r 1 To' F�t BEr w gQ ' i Ws�� r ! •. 3sam a �Z� uj a. vN4 m o59t� `o6 it u all 1 it II fi 1. ' G i re CD ' _ ✓ r I' '•' I I ✓ f �t".� I o .. .,ter, O — ✓ v r.� W z Va­ wo � z x W 1 Ls g i } o i Z V ,:I ` a.. �� ISI Attachment 5 "DECLARATION OF CC&Rsl9 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ESTABLISIIING A PLAN OF CONDOMINIUM OWNERSHIEP This Declaration is made as of this day of , 2010, by THL Investment; LLC, a California limited liability company ("Declarant"), with reference to the following facts: A. Declarant is the owner that certain real Property located in the City of Diamond Bar; County of Los Angeles, State of California, more particularly described as follows: Lot of Tract No. 71396, as per Map filed in Book Pages _ and _ of Maps, in the Official Records of the County Recorder of said County (the "Property"). B. Declarant has constructed upon the Property a commercial condominium building, including thirty (30) condominium units which, together with the Property, are hereafter collectively referred to as the "Project." C. Declarant intends by this document to impose upon the Project mutually beneficial restrictions under a general plan of improvement for the benefit of all of the Condominiums and the Owners thereof. NOW, THEREFORE, Declarant declares that the Project is, and shall be, held, conveyed, hypothecated, encumbered, leased, rented, used, and occupied subject to the following limitations, restrictions, easements, covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a plan of condominium ownership as described in California Civil Code Sections 1350 et seq. for the subdivision, improvement, protection, 'maintenance and sale of Condominiums within the Property as said sections apply to commercial developments, and all of which are declared and agreed to be for the purpose of enhancing, . maintaining, and protecting the value and attractiveness of the Project. All of the limitations, restrictions, easements, covenants, conditions, liens, and charges shall run with the land, shall be binding on and inure to the benefit of all parties having or acquiring any right, title, or interest in the Property, and shall be binding on and inure to the benefit of the successors in interest of such parties. - 1 ARTICLE L DEFINITIONS 1. 1. Articles. "Articles" shall mean and refer to the Articles of Incorporation for the Association, as amended from time to time. 1.2. Assessment. "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating, and managing the Property, which is to be paid by each Condominium Owner as determined by Association. 1.3. Association. "Association" shall mean and refer to the DIAMOND STAR ASSOCIATION, a California corporation, the Members of which shall be Owners of Condominiums in the Project. 1.4. Board or Board of Directors. "Board" or "Board of Directors" shall mean and refer to the governing body of the Association. 1.5. Building. `Building" shall mean and refer to the condominium building constructed on the Property and as depicted in the Condominium Plan, which Building contains the.Units. The Building, excepting the Units, is a part of the Common Area. 1.6. Building Common Area. "Building Common Area" shall mean and refer to that portion of the Project depicted in the Site Plan attached as, Exhibit "A" to this Declaration. The Building Common Area includes the Building and all other Improvements and landscaping within such Building Common Area. (The Building Common Area is also described and depicted in the Site Plan attached as Exhibit B to the Shopping Center Declaration as the "North Parcel Building Area.") 1.7. Bylaws. `Bylaws" shall mean and refer to the Bylaws of the Association, as amended from time to time. 1.8. Com. "City" means and refers to the City of Diamond Bar, California, a municipal corporation. 1.9. Common Area. "Common Area" -means the entire Project excepting -the Units -as - defined in this Declaration and as shown on the Condominium Plan. 1.10. Common Expenses. "Common Expenses means and includes the actual and estimated expenses of maintaining and operating the Common Area: and operating the Association, any reasonable reserve for such purposes as determined by the Board, and all sums designated Common Expenses by or pursuant to the Project Documents. Common Expenses shall also include the Allocable Share applicable to the Project under the Shopping Center Declaration and any other expense incurred in connection with the Association's compliance with the requirements of the Shopping Center Declaration. 1. 11. Common Interest. "Common Interest" means the proportionate undivided interest in the Common Area that is a part of each Condominium as set,forth in this Declaration. 2 1.12. Condominium. "Condominium" shall mean an estate in Property as defined in California Civil Code Sections 783 and 1351 (f), consisting of an undivided interest in common in a portion of the Property and a separate interest in a Unit. 1.13. Condominium Plan. "Condominium Plan" shall mean and refer to the recorded three-dimensional plan of the Condominiums built or to be built on the Property which identifies the Common Area and each separate interest pursuant to California Civil Code Section 1351, a copy of which Plan is attached hereto as Exhibit "B": 1.14. Declarant: "Declarant" shall mean and refer to THL Investment, LLC, a California limited liability company, and its successors and assigns. 1.15. Declarant Country Hills. "Declarant Country Hills shall mean and refer to Country Hills Holding, LLC, a Delaware limited liability company, the declarant under the Shopping Center Declaration defined below. 1.16. Declaration. "Declaration" shall mean and refer to this Declaration,as amended or supplemented from time to time. 1.17. Diamond Hills Plaza. "Diamond Hills Plaza" shall mean the adjacent shopping: center located upon the Shopping Center Property (as defined below) which, together with this Project, is subject to the Shopping Center Declaration. 1.18. Exclusive Use Common Area.. "Exclusive Use Common Area" shall mean and refer to those portions of the Common Area, if any, set aside for exclusive. use of an Owner, - pursuant to Section 2.2 C, and shall constitute "Exclusive Use Common Area" within the meaning of the California Civil Code Section 1351(i). 1.19. First Lender. "First Lender" shall mean any person, entity, bank savings and loan' association, insurance. company, or financial institution holding a recorded first Mortgage or , deed of trust on any Condominium. 1.20. Hazardous Materials. "Hazardous Materials" shall mean and refer to (i) any hazardous or toxic wastes, materials or substances, and other pollutants or contaminants, which are or become regulated by all applicable local, state and federal laws, including but not limited - to; 42 USCS Sections 9601 -et seq. `and -California Health and ' Safety Codes' Sections -25100 et seq., and 25300 et seq; (ii) petroleum and petroleum based products; (iii) asbestos; (iv) polychlorinated biphenyls; and (v) radioactive materials. 1.21. Improvements. "Improvements" shall mean and refer to all structures and other. improvements in the Project, including but not limited to, the Units and all elements thereof, the Building and all elements thereof, signage, walkways, landscaping, landscape irrigation pipes and equipment, driveways, parking areas, walls and fences, gates, antennas,- drainage and utility facilities. 1.22. Map. "Map" shall mean and refer to'the map for Tract No. 71396 filed in Book. of Maps, Pages and in the records of the Los Angeles County Recorder. 3 1.23. Member. "Member shall mean and refer to a person entitled to membership in the Association as provided herein. 1.24. Mortgage. "Mortgage" shall include a deed of trust and a Mortgage. 1.25. Mortgagee. "Mortgagee" shall include a beneficiary or a holder of a deed of trust as well as a Mortgage: 1.26. Owner or Owners. "Owner" or "Owners" shall mean and refer to the record holder or holders of title to a Condominium in the Project. This shall include any person having a fee simple title to any Condominium, but shall exclude persons or entities having any interest merely as security for the performance of an obligation. If a Condominium is sold under a contract of sale and the contract is recorded, the purchaser, rather 'than the fee owner, shall be considered the "Owner" from and after the date the Association receives written notice of the recorded contract. 1.27. Permittees. "Permittees" means, as to the Project, the Association, Declarant and Owners, and their respective partners, members, officers, directors, employees, agents, contractors, customers, clients, visitors, guests, invitees, tenants, subtenants, licensees and concessionaires. "Permittees" as to the Shopping Center Property shall have the meaning as described in Section 1(t) of the Shopping Center Declaration. 1.28. Person. "Person" means a natural person, a corporation, a partnership, a trustee, or other legal entity. 1.29. Project. "Project" shall mean and refer to the entire Property above described, including all structures and Improvements erected or to be .erected thereon, including, without limitation, the Building and thirty (30) Units located within such Building. .1.30. Project Documents. "Project Documents",shall mean this Declaration, as amended from time to time, the 'exhibits, if any, attached hereto, _together with the other basic documents used to create and govern the Project, including the Map, the Articles, the Bylaws, and the Condominium Plan but excluding unrecorded rules and. regulations adopted by the Board or the Association. 1.31. Prop -e -. - "Property" means the real property described"in paragraph A on -page l of this Declaration. 1.32. Shopping Center Declaration. "Shopping Center Declaration" means that certain Amended and Restated Declaration of Establishment of Covenants, Conditions, Restrictions and Reciprocal. Easements recorded , as Instrument No. in the Official Records of Los Angeles County, California. The Property is subject to the Shopping Center Declaration and is described therein as the "North Parcel." - 1.33. Shopping Center Property. "Shopping Center Property" means the real property adjacent to the. Project and described in the Shopping Center. Declaration as the "Declarant Parcel." The Shopping Center. Property has been improved with a, shopping center called Diamond Hills Plaza: . 4 ARTICLE II. DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS 2.1. Description of Project. The Project is a commercial office condominium project located upon the Property, consisting of a total of thirty (30). Units, each 'having appurtenant to it an, undivided one thirtieth (1 /30th) interest in common in the Common Area, all as defined herein and in the Condominium Plan. 2.2. Division of Property. The Property is divided as follow: A. Units. Each of the Units as separately shown, numbered and designated in the Condominium Plan, consists of the space bounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, window frames, doors and door frames and trim. The Unit includes wires, cables, pipes and conduits which are located Within the boundaries of the Unit as defined herein and on the Condominium Plan, except therefrom any central services related pipes, ducts, chutes, conduits, and wires wherever located within the Unit. The Owner of two (2) or more Units, which are horizontally contiguous may, with the consent of the Board, which consent shall not be withheld unreasonably, construct, at his expense and in accordance with detailed plans approved by the Board, a means of access, such as a doorway between such horizontally contiguous Units. The Owner of contiguous Units who has connected them in such manner shall have an easement for ingress, egress and passage through that portion of the Common Area which has been pierced in the process of constructing the means of access. The easement shall exist only for so long as the connected Units continue to be owned by the same Owner. If and when the Owner of such connected Units sells, transfers or conveys any one (1) of the Units, prior to the recordation of the deed or instrument of transfer, the means of access shall be sealed off, the portion of the Common Area that was so pierced shall, at Owner's expense, be completely reconstructed to its original as -built condition, and the easement that existed during the period that the Units were joined by virtue of such access, shall automatically,terminate. No bearing walls shall be removed or altered and no "utility facilities," as that term is defined in Section 6.1, shall be removed, altered, or damaged in the course of such __construction._ —No modifications to any portion of the Common Area. -shall -be -made -which affect: . the structural . integrity of any Common Area, including the Building, or impair any other Owner's reasonable use of such Common Area, or the utilities that may be located therein, or the value of the Project. All costs and expenses of such modifications and subsequent restoration of the modifications shall be borne by the Owner of the Units so joined. After approval of the proposed modifications by the Board and prior to commencement of work, the Owner making such modifications shall purchase an insurance policy in an amount acceptable to the Board to protect the Association and the Project against liens and to insure completion of the work. In` joining Units, an Owner shall have such reasonable access to other Units as may be required to accomplish the modifications approved by the Board. Such modifications shall not however, change the status of Condominiums which shall continue to be treated legally as separate'. Condominiums each entitled to one (l) vote, and each required to pay its separate assessment: In 6 the event common ownership of joined Units is for any reason terminated, Common Areas which have been altered shall be immediately restored to their original design and status. Each Unit is subject to such encroachments as are contained in the Building, whether the same now exist or may be later caused or created in any manner referred to in Section 8.5. In interpreting deeds and the Condominium Plan, the then existing physical boundaries of a Unit shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or Condominium Plan, regardless of settling or lateral movement of the Building and regardless of minor variance between boundaries shown on the Plan or deed, and those of the Building. B. Common Area. The remainder of the Property constitutes and shall be referred to herein as "Common. Area" or Common Areas." Each Owner shall have, as appurtenant to his Unit, an undivided one thirtieth (1/30th) interest as tenant-in-common in the Common Areas. The ownership of each Condominium shall include a Unit and such undivided interest in the Common Area. This Common Interest appurtenant to each Unit is declared to be permanent in character and cannot be altered without the consent of all the Owners affected, as expressed in an amendment to this Declaration. Each Unit shall also have appurtenant to it nonexclusive rights and easements for ingress, egress and support through the Common Area. Each Owner and its Permittees may use the Common Areas in accordance with the purposes for which they are intended without hindering the exercise of or encroaching upon the rights of any other Owners, subject to the.rights of Owners in any Exclusive Use Common Area appurtenant to that Owner's Condominium: C. Exclusive Use. Common Areas. :The following described portions of the Common Area, referred to as "Exclusive Use. Common Areas," are hereby. set aside and allocated for the exclusive use of the Owner of the Condominium to which they are appurtenant: (1) The heating and air conditioning equipment (HVAC) serving a Unit is part of the Unit and belongs to the Owner of that Unit, but shall be maintained. by the Association or its agents per Sec. 5.1 (A). The space occupied by said equipment, wherever located; shall be restricted to the exclusive use of the Condominium Owner whose heating and air conditioner equipment occupies such space. (2) All utilities going_ through.. Common Area for exclusive, use of a, Unit are Exclusive Use. Common Areas. The Owner of such exclusive utilities shall obtain Association's prior approval to install the utilities and to restore any, portion.of the Common Area damaged by such installation. (3) The balcony accessed only by Unit 300 as shown on the attached Condominium Plan shall be Exclusive Use Common Area appurtenant to Unit 300. (4) Except as described herein or in the Condominium Plan, no other portion of the Common Area shall be Exclusive Use Common Area. D. No `Separate Conveyance of Common Interests.' The Common Interests are 1ereby established and are to be conveyed with the respective Condominiums, shall not be separated or separately conveyed from a Unit, and such interests shall be deemed to be conveyed or encumbered with their respective Unit even though ,the description in the instnunent of conveyance or encumbrance may refer only to the fee title to the Unit. 2:3. Rights of Entry and Use. The Units and Common Area, including Exclusive Use Common Area, shall be subject to the following rights of entry and use: A. The right of the Association agents or employees to enter any Unit to cure any violation of this Declaration or the Bylaws, provided that the Owner has received notice and a heari. g as required herein or by the Bylaws (except in the case of an emergency) and the Owner has failed to cure the violation or to take steps necessary to cure the violation within thirty (3 0) days after fording of a violation by the Association: B. The access rights of the Association to maintain, repair or replace Improvements or property located in the Common Area and Exclusive Use Common Areas as described in Section 5.2E. C. The rights of the Owners, the Association, and the Declarant to install, maintain, repair or replace utilities as described in Article VI. D. The encroachment easements described in Section 8.5. E. The rights of Owners to make improvements or alterations authorized by California Civil Code Section 1360(a) (2), subject to the provisions of Sectiom7.8 to the extent applicable. F. The rights of Owners and their Permittees for ingress, egress and support through the Common Area as described above in Section 2.2 B. G. Certain portions of the Common Area are also subject to easements and reciprocal access rights of 'other parties (for access, parking, maintenance, trash enclosures, monument sign, and the like) as described in the Shopping Center Declaration. 2.4. Partition Prohibited. The Common Areas shall remain undivided. Except as provided by California Civil Code Section 1359 and authorized under Sections 8.8 and 8.9 below, no Owner shall bring any action for partition of the Common Areas, it being agreed that -this restriction is necessary in order- to preserve--the-rights-of-the- Owners -with -respect -to- the -- - -- - -- operation and management of the Project. 'Judicial partition by sale of a single Condominium owned by two (2) or more Persons and division of the sale proceeds is not prohibited by this paragraph (but partition of title to a single Condominium is prohibited). 2.5. Rights and Obligations in Diamond Hills Plaza Property. The Project is also subject to the Shopping Center Declaration, and all Owners have those rights and obligations described therein as applicable to the owner of the North Parcel, including, without limitation,. certain reciprocal access and parking rights in the Common Areas of Diamond Hills Plaza as described in the Shopping Center Declaration. The Operator underthe Shopping Center Declaration shall maintain the Common Area in Diamond Hills Plaza and shall also maintain portions of the Common Area in this Project as described in the Shopping Center Declaration. Each Owner is obligated top ay a portion of the "Allocable Share" of Common Expenses 8 allocated to the North Parcel and payable to the Operator as described in the Shopping Center Declaration. Such portion of the Allocable Share shall be collected from each Owner based on square feet of such Owner's Unit, calculated in the same manner as Regular Assessments are calculated, and shall be collected as a part of the Regular Assessments assessed against each Condominium in the Project., The Association shall pay the total Allocable Share of Common Expenses allocated to the North Parcel as required under the Shopping Center Declaration, and such Allocable Share is a Common Expense of the Association. The Shopping Center Declaration provides that the Operator has lien rights on the Project if the Allocable Share is not paid, and the Association shall diligently pay such Allocable Share when due in order to prevent the filing of any such lien on the Project or any Condominium. 2.6. Association as Agent Regarding Shopping Center Declaration. Fromand after the date of the first annual meeting after title to fifty-one percent (51%) of the Units is vested in Owners other than Declarant or its agents, the Association shall assume all duties and powers of the undersigned Declarant under the Shopping Center Declaration, and Declarant shall be relieved of any further liability under the Shopping Center Declaration (subject to consent and release of liability of Declarant by Declarant Country Hills). The Association shall thereafter act as the agent of the Owners in this Project in all dealings with Declarant Country Hills, the Operator and the Approving Party as described in the Shopping Center Declaration. 2.7. Allowed and Prohibited Uses. The Units shall be used exclusively for professional office purposes. Residential, retail, educational, banking, financial services, and certain other uses` are prohibited in the Project as described in (a) Article VII of this Declaration, acid (b) the Shopping Center Declaration. 9 ARTICLE III. ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.1. Association to Manage and Maintain Common Areas. The management and maintenance of the Common Area (except any portion of the Common Area managed and maintained by the Operator under the Shopping Center Declaration) and any other property that may come under the control of the Association shall be vested in the Association as provided herein and in accordance with the Bylaws. Members acknowledge that the Association will contract with AL Capital, Inc. (an entity related to Declarant) as the management company of the Project to perform maintenance and management duties for the initial period of three (3) years as further described in Section 5.1 A below. 3.2. Membership. The Owner of a Condominium shall automatically, upon becoming the owner of same, be a Member of the Association, and shall remain a Member thereof until such time as the ownership ceases for any reason, at which time the membership in the Association shall automatically cease. Membership in the Association shall not be transferred, pledged, or alienated in any way, except upon the sale or encumbrance of the Condominium to which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case of an encumbrance of such Condominium. On any transfer of title to an Owner's Condominium, including a transfer on the death of an Owner, membership passes automatically with title to the transferee. A Mortgagee does not have membership rights until it obtains title to the Condominium by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. No Member may resign his or her membership. On notice of a transfer, the Association shall record the transfer on its books. 3.3. Membership and Voting Rights. Members shall all be Owners and except as set forth below with respect to the Declarant, shall be entitled .to one vote, for each Condominium owned. When more than one (1) Person holds an interest in any Condominium, all such Persons shall be Members but there shall only be one (1) vote for each Condominium. The vote for such Condominium shall be exercised as determined among themselves. 3.4., . Two Classes of Membership. _ For so long as Declarant_ owns any _Condominium in the Project, the Association shall have two (2) classes of voting membership, described as follows: A. Class A. Class A Members shall be those Owners described.in Section 3.2 above, with the exception of Declarant. Each Class A Member shall be entitled to one (1) vote for each Condominium owned. B. Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Condominium owned by. Declarant. The Class B membership shall cease at such time as Declarant no longer owns a Condominium within the .Proj ect. 10 3.5. Authorization. Any action authorized under this Declaration which requires a vote of the membership, shall be taken at a meeting called for that purpose, written notice of which shall be sent to all Members not less than. ten (10) nor more than ninety (90) days in advance of the meeting specifying the place, day and hour of the meeting and, in the case of a special meeting, the nature of the business to be. undertaken. The action may also be taken by written ballot without a meeting pursuant to the provisions of California Corporations Code Section 7513. ARTICLE IV. ASSESSMENTS 4.1. Creation of the Lien and Personal Obligation of Assessment. The Declarant, for each Condominium within the Project, hereby covenants, and each Owner of any Condominium by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees: (1) to pay the Association annual assessments or charges ("Regular Assessments"), and special assessments for purposes permitted herein ("Special Assessments"), such assessments to be established and collected as hereinafter provided, and (2) to allow the Association to enforce any assessment lien established hereunder by nonjudicial proceedings under a power of sale or by any other means authorized by law. The Regular Assessments and Special Assessments, together with interest, late charges, collection costs and reasonable attorney fees, shall be a charge on the Condominium and shall be a continuing lien upon the Condominium against which each such assessment is made, the lien to become effective upon recordation of a notice of delinquent assessment. Each such assessment, together with interest, late charges, collection costs, and reasonable attorneys' fees, shall also be the personal obligation of the Person who was the Owner of such Condominium at the time when the assessment fee was due. No Owner shall be exempt from liability for payment of assessments by waiver of the use or enjoyment of any of the Common Areas or by the abandonment of the Owner's Condominium. The right to collect and enforce assessments is vested in the Board acting on behalf of the Association. The Board or its authorized representative, including any manager, can enforce the obligations of the Owners to pay assessments provided for in this Declaration by commencement : and maintenance of a suit at law or in equity, or the Board may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to enforce the lien rights created: 4.2. Notice of Delinquency. As provided in California Civil Code Section 1367(a), before the Association may place a lien upon a Condominium for a delinquency in the payment of any assessment as described herein, the Association shall notify the Owner of such Condominium in writing by certified mail of the fee and penalty procedures of the Association, provide an itemized statement of the 'charges owed by the Owner, including items on the statement which indicate the principal owed, any late charges and the method of calculation, any attorney's. fees, - and . the -collection practices used by the Association, -including -the -right of the Association to recover the reasonable costs of collection. In addition, any payments toward such a debt shall first be applied to the principal owed, and only after the principal owed is paid in full shall such payments be applied to interest or collection expenses. 4.3. Creation of Lien. Subject to the notice requirements herein, if there is a delinquency in the payment of any assessment, any amounts that are delinquent together with date charges, interest, reasonable collection costs, and reasonable attorney'sfees shall be a lien against such Condominium on the recordation in the office of the county recorder where the Project is located of a notice of delinquent assessment as provided in California Civil Code Section 1367. The notice of delinquent assessment shall state the amount of the assessment, a description of the Condominium `against which the assessment and other sums are levied, the name ,of the record Owner, and in order: for the lien to be enforced by nonjudicial foreclosure, 12 shall also include the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice of delinquent assessment shall be signed by a Person designated by the Association for that purpose or, if no particular Person is so designated, by the President and mailed in the manner set for in Civil Code Section 2924(b), to all record Owners of the Condominium no later than ten (10) calendar days after recordation. Upon payment of the sums specified in.the notice of delinquent assessment, the Association shall record a further notice stating the satisfaction and release of the lien thereof. 4.4. Enforcement of Lien. As provided in California Civil Code Section 1367(e), after the expiration of thirty (30) days following the recording of a lien created herein, said lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to California Civil Code Section 2934a. Any sale by the trustee shall be conducted in accordance with the provisions of California Civil Code Sections 2924, 2924b, and 2924c, applicable to the . exercise of powers of sale in Mortgages and deeds of trust. 4.5. Waiver of Exemptions. Each ,Owner, to the extent permitted by law, waives, to the extent of any liens created hereunder, the benefit of any homestead or exemption law of California in effect at the time any assessment, or installment becomes delinquent or any lien is. imposed. 4.6. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the economic interest, health, safety, and welfare of all the Owners and to enable the Association to perform its obligations hereunder. 4.7. Assessments. A. Regular Assessments. The Board shall establish and .levy annual Regular Assessments in an amount that the Board estimates will be sufficient to raise the funds needed to perform the duties of the Association during each fiscal year. The Board may elect to collect the assessments monthly, quarterly, semi-annually or annually. Monthly payments of Regular Assessments are due and payable on the first day of each month (as described below in Section 4.10), or; if the Board elects in any fiscal year to collect Regular Assessments on a quarterly, semi-annual or annual basis, Regular Assessments are due and payable on the date or dates as determined_by__the _.Board. _ The duty of. each. Owner to pay assessments _begius one business day after close of escrow on the Unit, whether the Unit is occupied or not; ' acid the first monthly payment of Regular Assessments for each such Unit will thereafter be due on, the first day of the month following close of escrow. B: Reserves for Replacement. As part of the annual Regular Assessments as authorized above, the Board of Directors shall annually fix the amount to be contributed pro rata by each Member 'to reserve funis for the purpose of defraying, in whole or in part, the cost or estimated cost of the future repair, replacement or, additions to the major. Improvements and fixtures that the Association is obligated to maintain and repair. Such determination shall be made after 'consideration of the need for additional funds and of the Association's capital position. The Board ` shall fix the method of payment of such assessments and shall be empowered to permit either lump sum or monthly payments.` Reserve fundsmaynot be 13 expended for any purpose other than repairing, replacing or adding to the major Improvements and fixtures that the Association is obligated to maintain without the consent of Owners holding a majority of the voting power either at a duly held meeting or. by written ballot, C. Special Assessments. The Board, at any time, may levy a Special Assessment in order to raise funds for unexpected operating or other costs, sufficient operating or reserve funds, or such other purposes as the Board in its discretion considers appropriate. Special Assessments shall be allocated among the Units and paid by the Owners in the same manner as Regular Assessments provided that: (1) Any Special Assessments against Owners to raise funds for the repair, replacement or addition to the Common Area for the benefit of all of the Units shall be levied equally among all of the Units. (2) Special Assessments to raise fluids for the repair, replacement or. addition to the Common Area affecting less than all of the Units shall be levied equally among those Units affected, unless the Board otherwise determines. (3) The Board may levy a Special Assessment against a Member.to reimburse the Association for costs incurred in bringing the Member and his Unit into compliance with the provisions of the Project Documents. (4) Should the Board determine that a Special Assessment. is needed for the repair and maintenance of any Exclusive Use Common Area, said Special. Assessment shall be levied against the Owner of the Unit to which the Exclusive Use Common_ Area is appurtenant. 4.8. Capital Contribution. Each initial purchaser of a Condominium from Declarant shall pay into escrow for such purchase, a non-refundable amount equal to two (2) months' payment of Regular. Assessments, which amount shall, together with such funds collected from all other initial 'Condominium purchasers, be released at close escrow to Declarant as funds of the Association and shall provide initial funding for the operation of the Association. This initial capital contribution will be paid in addition to Regular Assessments otherwise due and payable.to the Association. ---4-.9'.-' Allocation of Assessments. All assessments, both annual Regular Assessments. and Special Assessments (except. Special Assessments levied in accordance with Section 4.7 C. (1) — (4)) will be levied in accordance with the gross square footage of each Unit, as a percentage of the total square footage of all Units in the Project. 4.10. Date of Commencement of Assessments; Due Dates. The Regular Assessments provided for herein shall commence as to each Unit on the first day of the month following closing of the escrow for the initial sale of such Unit by Declarant to an Owner. Subject to the provisions of Section 4.7 hereof, the Board of Directors shall determine and. fix the amount of the Regular Assessments against each Unit and send written notice: thereofto every Owner at least . thirty (30) days in advance of each annual assessment period.. The due dates for the monthly payments of Regular Assessments (and any applicable Special Assessments) will be on the l st 'o' f every month. If the Association doesn't receive the Regular Assessments (and any applicable 14 Special Assessments) from the Owner before the 5th of the month, a 10% late charge will be applied. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Unit have been paid. Such a certificate shall be conclusive evidence of such payment. 4.11. Transfer of Condominium by Sale or Foreclosure. Sale or transfer of any Condominium shall not affect the assessment lien. However, the sale of any Condominium pursuant to foreclosure of a Mortgage shall extinguish the lien of such assessments (including attorney's fees, late charges, or interest levied in connection therewith) as to payments which. became due prior to such sale or transfer (except for assessment liens recorded prior to the Mortgage). No sale or transfer shall relieve such Condominium from liability for any assessments thereafter becoming due or from the lien thereof. Where the Mortgagee of a Mortgage of record or other purchaser of a Condominium obtains title to the same as a result of foreclosure of any such Mortgage, such acquirer of title, his successor and assigns, shall not be liable for the share of the assessments_ by the Association chargeable to such Condominium which became due prior to the acquisition of title to such Condominium by such acquirer (except for assessment liens recorded prior to the Mortgage). Such unpaid share of assessments shall be deemed to be Common Expenses collectible from all of the Owners including such acquirer, his successors or assigns. If a Condominium is transferred; the grantor shall remain liable to the Association for all unpaid assessments against the Condominium through and including the date of the transfer. The grantee shall be entitled to a statement from the Association, dated as of the date of transfer, setting forth the amount of the unpaid assessments against the Condominium to be. transferred and the Condominium shall not be subject to a lien for unpaid assessments in, excess of the amount set, forth in the. statement, provided; however, the grantee shall be liable. for any assessments thatbecome due after the, date of the transfer. 4.12. Priorities; Enforcement, Remedies. If an assessment is delinquent, the Association may record a notice of delinquent ` assessment (as described in Section 4.3 above) and establish a lien against the Condominium of the delinquent Owner prior and superior to all other liens except (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any Mortgage of record made in good faith and for Value. _. An assessment Tien may be ;enforced in _any �natmen.permitted. by. law .(as .described_n_._ Section 4.4 above). Nothing herein shall preclude the Association from bringing an . action directly, against an Owner for breach of the personal obligation to pay assessments. Fines and penalties for violation of restrictions are not "assessments," and are not enforceable by assessment lien. The Association, acting on behalf of the Owners, shall have the power to bid for the Condominium at foreclosure sale, and to acquire and hold, lease, Mortgage and convey the same. Where the purchase of a foreclosed Condominium will result in a five percent (5%) or greater increase in assessments, the purchase shall require the vote or written consent of a majority of the total voting power of the Association. During the period a Condominium is owned by the, Association, following foreclosure:: (1) no right to vote shall be exercised on behalf of the 15 Condominium; (2) no assessment shall be assessed or levied on the Condominium; and (3) each other Condominium shall be charged; in addition to its usual assessment, its pro rata share of the assessment that would have been charged to such Condominium had it not been acquired by the Association as a result of foreclosure. Suit to recover a money judgment for unpaid Common Expenses and attorneys' fees shall be attainable without foreclosing or waiving the lien securing the same. After acquiring title to the Condominium at foreclosure sale following notice and publication, the Association may execute, acknowledge and record a deed conveying title to the Condominium which deed shall be binding upon the Owners, successors, and all other parties. The Board may temporarily suspend the voting rights of a Member who is in default in payment of any assessment, after notice and hearing, as provided in the Bylaws. 4.13. Unallocated Taxes. In the event that any taxes are assessed against the Common Area, or the personal property of the Association, rather than against the Condominiums, the taxes shall be included in the assessments made under the provisions of Section 4.1 and, if necessary, a special assessment may be levied against the Condominiums in an amount equal to the taxes, to be paid in two (2) installments, thirty (30) days prior to the due date of each taxa installment. 4.14. No Offsets. All assessments shall be payable in the amount specified by the assessment and no offsets against such amount shall be permitted for any reason, including without limitation, as a result of a claim that the Association is not properly exercising its duties and powers as provided in this Declaration. 4.15. Assessment Surplus. The Assessments is an estimated amount. Association will reconcile the account quarterly by the end of the following month. The actual expense will be recorded and charged to each. Unit accordingly. To try to qualify for a non-profit tax status, any surplus, excluding reserves, calculated ,by this reconciliation shall be credited to each Unit and used against future Assessments, adjusted annually. No refund of the surplus shall be made. 16 ARTICLE V. DUTIES AND POWERS OF THE ASSOCIATION 5.1. Duties. In addition to the duties enumerated in its Bylaws; or elsewhere provided for in this Declaration, the Association shall perform the following duties: A. Maintenance. The Association shall maintain, repair, replace, restore, operate and manage all of the Common Area and all facilities (including the utility facilities to the extent described in Section 6.3), Improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association, except as follows: (1) Each Owner shall maintain the Exclusive Use Common Area, if any, appurtenant to that Owner's Condominium in a neat and clean condition, and (2) The Operator described in the Shopping Center Declaration shall maintain, repair, replace, operate and manage the Common Area in the Project located outside the Building Common Area as described in. Section 5.1 B. below. Forthe purpose of preserving the value of the Project and :saving cost with scale economy, the Association shall employ AL Capital, Inc. (an entity related to Declarant) as the management company of the Project to perform maintenance and management duties for the initial period of three (3) years commencing as of the date of issuance by the City of the Final Certificate of Occupancy. The terms of such contract shall provide for payment by the Associationto AL Capital, Inc.; during the first year at the rate of $0.25. per square. foot per month (square foot calculation based upon the square . footage of the Common Area of . the Building, including the balconies, plus the total square footage of the. Units) and will be subject to: adjustment in the second year based . upon a maximum rate equal to any .increase in the Consumer Price Index. Such payments shall be included in the Association budget and collected from the Owners as a Common Expense of the Association. Such management contract shall not be subject to cancellation by the Association during the initial three-year term. Maintenance by the Association shallinclude without limitation: Painting, maintaining, cleaning, repairing, and replacing of all Improvements in the Building Common Area, and including all portions of the Building except the Units, the exterior and roof of the Building, elevators, interior hallway and lobby areas, trash enclosures and trash collection receptacles (except . to the extent maintainedbythe Operator under Section 6(i) of the Shopping Center. Declaration), loading areas, lighting, sewer and drainage, landscaping and irrigation, canopies, awnings, signs, seating and outdoor : facilities within the Building. Common Area, HVAC equipment serving the Common. Area, HVAC equipment serving and. belonging to each Unit, periodic maintenance .and testing of all built-in fire protection devices. and equipment. originally installed or replaced within the Project, as well as repairs and maintenance' for wood -destroying pests or organisms and the exterior cleaning of windows. Such maintenance shall be performed by the Association in order to keep the Project in good order, condition and repair and in such manner as to .establish; maintain and present, at all times, the, appearance of the Project as a clean; well managed; attractive;'weh coordinated and unified operation.' 17 The Association shall also maintain the off-site transformer and the Transformer Area located within the Shopping Center Property as described in Section 6(h) and Exhibit F of. the Shopping Center Declaration. The responsibility of the Association for Building Common Area maintenance and repair shall not extend to repairs or replacements arising out of or caused by the willful or negligent act or omission of an Owner, or his guests, tenants or invitees, the cost of which is not covered by insurance carried by the Association.. Such repairs shall be made by the responsible Owner, provided the Board approves the Person actually making the repairs and the method of repair. If the responsible Owner fails to take the necessary steps to make the repairs within a reasonable time under the circumstances, the Association shall make the repairs and charge the cost thereof to the responsible Owner, which cost shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate authorized by law) until paid in full. I If an Owner disputes his or her responsibility for the repairs,.the Owner shall be entitled to notice and a hearing as provided in the Bylaws before any charge may be imposed. B. Common Area Maintenance Outside Building Common Area.. Pursuant to the Shopping Center Declaration, the Common Area of this Project located outside the Building Common Area will be maintained by the Operator of the Shopping Center Property. Such maintenance shall include all maintenance required by the Operator in the North Parcel, including; but not limited to, traffic and parking facilities, lighting; and landscaping located outside the Building Common Area, and the Operator shall provide accounting services to be used in common with the Diamond Hills Plaza. In the event the Operator fails to maintain such Common Area, the Association shall maintain it to the same standards as required of the Operator in the Shopping. Center Declaration. Should there at any time be no such acting Operator or if an Operator fails to maintain the Common Area of the Project located outside the Building Common Area, the Association shall perform such maintenance and attempt to enter into an agreement with the Operator or other Approving Party under the .Shopping Center Declaration to deduct such maintenance costs from the Allocable Share otherwise due under the Shopping Center Declaration. If agreement cannot be reached on this issue, the full Allocable Share shall be paid if necessary to avoid a lien on the Project, and the Association may enter into arbitration under the rules of the American Arbitration Association (if agreed to by the parties) or file suit in any court of competent jurisdiction to settle the dispute. C. Trash Enclosures and Trash Removal Costs. The Association and the Owners shall comply with the provisions of Section 6(i) of the Shopping Center Declaration regarding the reciprocal use of the existing trash enclosures on the Common Areas of the Project and the Shopping Center Property. The cost of maintaining and operating the trash enclosures, including the cost of trash removal and pick up from such areas, shall be a common expense as described in Section 7(g) of the Shopping Center Declaration and included in the Project's Allocable Share of common expenses payable to the Operator under the Shopping Center Declaration: D. Insurance. The Association shall maintain such policy or policies of insurance as are required by Section 8.8 of this Declaration and Section 7 (f) of. the Shopping Center Declaration. 18 E. Discharge of Liens. The Association shalldischarge by payment, if necessary, any lien against the Common Area, and charge the cost thereof to the Member or Members responsible for the existence of the lien (after notice and a hearing, as provided in the Bylaws) F. Assessments. The Association shall fix, levy, collect and enforce assessments as forth in Article N hereof. G. Payment of Expenses. The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the property of the Association, and the Allocable Share of expenses in common with the Diamond Hills Plaza , as described in the Shopping Center Declaration. H. Enforcement. The Association shall make all reasonable efforts to enforce this Declaration. 5.2. Powers. In addition to the power enumerated in its Bylaws, or elsewhere provided for herein, the Association shall have the following powers: A. Utility Service. In the event that a utility service cannot be provided and billed to the individual Condominiums, the Association shall have. the authority to obtain, for the benefit of all of the Condominiums, all water, gas, and electric service and refuse collection, and janitorial service. The Board may determine an increased share of utility costs will be allocated to a particular Condominium if it reasonably appears to the Board that a particular Condominium does, or can reasonably be expected to, use more than an average amount of utilities. In the event any. Owner disagrees with the Board's allocation of utility costs, that Owner may have the matter submitted to binding arbitration under the rules of the American Arbitration Association. The Association ` shall pay the charges on any commonly metered utility or common service serving the Project as a whole. B. Easements. The :Association shall have authority, with the approval of two-thirds (2/3) of the total voting power of the Association, to grant easements in addition to those shown on the Map, where necessary for utilities,cable television, and sewer facilities over the Common Area to serve the Common Areas and the Condominiums. C. Manager.' The Association will initially employ Declarant or its agents to' perform all or any part of the duties and responsibilities of the Association, except for the responsibility to levy fines, impose discipline, Bold hearings, file suit, record or foreclose liens; , or make capital expenditures. Except as described in Section 5,.l A. above regarding AL. Capital, Inc., the Association has the right to terminate the same, or any firm thereafter, at the second annual meeting of the Members of the Association; and to terminate the same, for cause on.thirty (30) days' written notice, or without cause or payment of a termination fee on ninety. (90) days'. written notice.. D. Adoption of Rules. The Association or the Board may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and all 19 facilities thereon, and the conduct of Owners and their Permittees with respect to the Project and other Owners., E. Access. For the purpose of performing construction, maintenance or emergency repair for the benefit of the Common Area, the Owners in common, or the neighboring Owners, the Association's agents or employees or the neighboring Owners' agents or contractors (the "Access Grantee") shall have the right, after reasonable notice (not less than seventy-two (72) hours except in emergencies) to the Owner thereof, to enter any Unit, and any Exclusive Use Common Area, appurtenant thereto, or to enter any portion of the Common Area at reasonable hours. Such entry shall be made with as little inconvenience to the Owner as practicable and . any damage caused thereby shall be repaired by the responsible party at its expense. If the entry is scheduled not during normal business hours, the Owner can require the Access Grantee to pay reasonable compensation, but no more than fifteen dollars ($15) per hour, for Owner's staff to supervise the work. Owner shall respond to the request within reasonable time, but no more than three (3) business days,. after the Access Grantee makes the request and grant the access thereafter, but only after Access Grantee presents satisfactory insurance certificates and waiver if required. F. Assessments Liens and Fines. The Association shall have the power to levy and collect assessments in accordance with the provisions of Article IV hereof. The Association may impose fines or take disciplinary action against any Owner for failure to pay assessments or for violation of any provision of the Project Documents. Penalties may include fines, temporary suspension of voting rights, or other appropriate discipline, provided that the Member is given notice and a hearing as provided in the Bylaws before the imposition of any fine or disciplinary action. G. ' ` Acquisition and Disposition of Property. The Association shall have the power to acquire (by gift, purchase or otherwise), own, hold, improve, build. upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of real or personal- propertyin connection with the affairs of the Association. Any transfer of real property shall be by a recorded document and approved by two-thirds (2/3) of the total voting power of the Association: H. Loans. The Association shall have.the power to borrow money, and only with .the.consent.(by.vote or written consent) oftwo-thirds_(2/3_):_of.theAotal_voting_power_of_the _ Association to Mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. I. Dedication. The Association: shall have the power to dedicate all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication shall be effective unless two-thirds (2/3) of the total voting power of the Association has agreed to such dedication. J. Contracts. The Association shall have the power to contract for goods and services for the discharge of its responsibilities, subject to the limitations of the Bylaws, or elsewhere set forth in the Project Documents: 20 K. Delegation. The Association, the Board, and the officers of the Association shall have the power to delegate their authority and powers to committees, officers or employees of the Association, or to a manager employed by the Association, provided that the Board shall not delegate its responsibility: - (1) To make expenditures for capital additions or Improvements chargeable against the reserve funds; (2) To conduct hearings concerning compliance by an Owner or his Permittees with the Declaration, Bylaws or rules and regulations promulgated by the Board; (3) To make a decision to levy monetary fines, impose special assessments against individual Condominiums, temporarily suspend an Owner's rights as a .Member of the Association or otherwise impose discipline; (4) To make a decision to levy annual or special assessments; or (5) To make a decision to, bring suit, record a claim of lien or institute foreclosure proceedings for default in payment of assessments. L. Secure The Association. shall have the ower (but riot the obligation) 'ty, p (b to contract for security service for the Common Area. M. Appointment of Trustee. The Association, or the. Board acting on behalf of the Association, has the power to appoint. or designate a trustee to enforce assessment liens by sale. N. Litigation Subj ect to the requirements ` of any other provisions of this Declaration (including provisions requiring arbitration under, certain circumstances), the Board may file. suit in order to enforce the terms and provisions of this Declaration. O. Other. Powers. In addition to the powers contained herein, the Association may exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations Code Section 7140. Commencement ' of Association's --Duties and -Powers:- -Until formation ..of -the Association, all duties and powersof the Association as described herein, including all rights of consent and approval. shall be and remain the duties and powers of Declarant: From and after the date. of the first annual meeting after title to 51 % of. the Units is vested in Owners other than Declarant or its agents, the Association shall assume all duties and powers, and Declarant shall be relieved of any further` liability therefor: 21 ARTICLE VL UTILITIES 6.1. Owners' Rights and Duties. The rights and duties of the Owners of Condominiums within. the Project with respect to sewer, water, drainage, electric, gas, television receiving, telephone equipment, cables and lines, exhaust flues, and heating and air conditioning facilities, fire suppression system and security alarm systems (hereinafter referred to, collectively, as "utility facilities") shall be as follows: A. Whenever utility facilities are installed within the Project, which utility facilities or any portion thereof lie in or upon Units owned by anyone other than the Owner of a Unit served by the utility facilities, the Owners of any Units served by the utility facilities shall have the right of reasonable access for themselves or for utility companies to repair, replace and generally maintain the utility facilities as and when necessary. Reasonable access is defined herein as being from Monday through Friday during normal business hours of 8 a.m. to 5 p.m. Access shall further be granted at no charge during said normal business hours except that should extended days or hours be required whereby the affected Owner or his agents must be present or where access at any time causes losses or more than minor disruptions to said Owner's business, said affected Owner may charge a reasonable access fee in an amount that would adequately compensate such Owner for such extended periods, losses, or disruptions. B. Whenever utility facilities are installed within the Project which serve more than one (1) Unit, the Owner of each Unit served by the utility facilities shall be entitled to the full use and enjoyment of such portions of the utility facilities which service his Unit; except fire sprinkler and lire alarm systems located in each area, which shall be maintained by Association, but shall be protected by each Owner from any damage or abuse. C. In the event of a dispute between Owners with respect to the repair, maintenance, or rebuilding of the utility facilities, or with respect to the sharing of the cost thereof, then, upon written request of one (1) of such Owners addressed to the Association, the matter shall be submitted to arbitration pursuant to the rules of the American Arbitration Association, and the decision of the arbitrator(s) shall be final and conclusive on the parties. D. Common Area utilities -costs-and-utilities. included on a master, meter and billed. to. the Association shall be included in assessments, unless the Board makes a special allocation of such costs as provided in Section 5.2A. 6.2. Easements for Utilities and Maintenance. Easements over and under the Property for the installation, repair, and maintenance of electric, telephone, water; gas, and sanitary sewer lines and facilities, heating, air conditioning; drainage facilities, walkways, and landscaping as shown on the recorded Map, and as may be hereafter required or needed to service the Property, are hereby reserved by Declarant and its successors and assigns, .until the sale of the first Condominium, and thereafter by the Association; together with the right to grant and transfer the same. Said easements shall be in favor of Declarant, and its successors and assigns, and for the benefit of the Project and the Association. 22 6.3. Association's Duties. The Association shall maintain all utility facilities located in the Common Area, the fire sprinkler and alarm systems, and HVAC units serving the Common Area and the Units, except for those utility facilities maintained (a) by utility companies, public, private, or municipal; (b) by the Owners as described in Section 8.7, and (c) utility facilities located outside the Building Common Area maintained by the Operator under the Shopping Center Declaration.' The Association shall pay all charges for utilities supplied to the Project except those metered or charged separately to the Units. The Association shall not be liable for and Owner shall not be entitled to, any reduction of Association dues by reason of Association's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockout or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Association. The Association. shall not be liable for loss of or injury to property in connection with furnishing or its failure to furnish any of the foregoing. 6.4. Metering of Utilities. Each Owner shall pay all utilities metered separately to his Unit as determined by the Association, and shall maintain and repair the utilities servicing only his Unit. The Association shall pay all utilities metered to a central meter and shall maintain and repair central utilities and services serving the Project as a whole. 6.5. Access Easements. The Association and its Members and their Permittees shall have nonexclusive easements for ingress and egress over the portions of the Common Area. containing open space, and parking and driveway areas, as further, described in this Declaration. 6.6. Unit Securitlaim. The security system is pre -wired in each Unit as part of the Project by ERS Security Company.. Ownersshalluse the pre -wired system and employ the same firm as its service and monitoring company. if an Owner decides to add an additional security system, its alarm system mush be' approved by the Association prior to installation and must be compatible with the pre -wired alarm system. Any damages caused or costs incurred to repair the pre -wired system by the. operation or 'installation of a separate alarm system shall be the responsibility of the Owner choosing that additional system. Following turnover of the Project pursuant to Section 5.3 above, the Board may elect to employ: a different company to service the security system, so long as such 'successor confirms to the Board its familiarity with: the system and ability to provide adequate services. • - 23 ARTICLE -VIL USE RESTRICTIONS In addition to all of the covenants contained herein, the use of the Property. and each Condominium therein is subject to the following: 7.1. Condominium Use. Condominium Units shall be occupied or used by the Owners and their Permittees for professional office use only. No residential uses shall be allowed in any Unit or Common Area. Pursuant to the Shopping Center Declaration, no retail, educational, banking or financial services use. shall be allowed in any Unit or Common. Area, and the following uses are also specifically prohibited: A. Any warehouse (not including storage which is incidental to a permitted use), assembly, manufacturing; distillation, refining or smelting operations; B. Any -Army, Navy or government "surplus" or unclaimed" merchandise store; C. Any mobile home or trailer court, labor camp, junkyard, stockyard, animal raising operation or veterinary clinic; D. Any dumping, disposal, incineration or reduction of garbage or refuse; ' E. Any fire or bankruptcy sale or auction house operation; F. Any, automobile, truck, motorcycle or boat display or sales, body or repair shop, or parts sales (including tires), car wash, truck terminal or any type of automobile - related or boat -related use, gas station or the storage of oil and/or gas or any other hazardous substances; G. Any mortuary, funeral parlor or mausoleum; H. Any second hand store, flea market or pawn shop; L. Any adult bookstore or, establishment selling, exhibiting or, distributing, pornographic or obscene: materials or drug paraphernalia.;. J. Any, bowling alley, bingo parlor; gambling hall, billiard parlor or slating rink; K. Any video arcade; high-tech game center (e.g., laser tag) or other similar establishment, including any establishment incorporating coin-operated amusements or showing, movies to its customers; L. Any call center, auditorium, meeting -hall, place of worship or other place of public assembly; M. Any gymnasium or health club, martial arts studio, dance studio or similar use; N. Any type of residential use including, without limitation, apartments, hotel, motel, mobile home or other lodging facility whether short or, extended stay; O. Any quarry and/or the drilling for and/or removal of soil, sand, gravel or subsurface substances or commercial.excavation of construction materials or the creation of excessive quantities of dust, dirt or ash;' P. Any bar, teen club, saloon, cocktail lounge, nightclub, party room dance hall, tavern or -bar; . Q. Any restaurant; R. Any livery stable; or raising or keeping of livestock, kennel or dog pound; S. Any circus or carnival grounds, oramusementpark; T. - A gun range, or any facility selling or displaying guns or firearms of any kind; 24 U. Any establishment selling only seasonal or temporary sales including; without limitation, a Christmas tree lot; V. The storage, sale or display of fireworks or explosives, or any fire, explosion or other damaging or dangerous hazard; W. Any abortion, drug rehabilitation or methadone clinic; X. Any type of use offering product as a fire sale, bankruptcy sale, liquidation sale or action; Y. Any type of laundry, central laundry; laundromat or dry cleaning. plant; or Z. Any day care or child care facility. Each Owner shall comply with the use restrictions contained in the Shopping Center Declaration sand this Declaration. All proposed uses shallbe pre -approved in writing by the City and the Association (and Declarant so long as Declarant owns any Condominium in the Project) before any tenant improvement commences. If the prior approval is not obtained by the Owner, the Association (and Declarant so long as Declarant owns any Condominium in the Project) shall have the right to act per Section 8.1 of this Declaration to enforce the use restrictions. The Owner is responsible . for any losses that may. be incurred due to incompatible uses of such. Owner's Unit. 7.2. Nuisances. No noxious, illegal, noisy or seriously offensive activities shall, be carried 'on upon any Condominium, or in any part of the Project, nor shall anything be done thereon which may. be or may become a serious annoyance or a nuisance to or which may be in any way interfere with the „quiet enjoyment of the Owner's Condominium, or which shall in any way increase the rate of insurance for the Project, or cause any insurance policy to be cancelled or to ' cause a refusal to .renew the same, or which will. impair, the structural' integrity of the Building; or which will endanger the lives or health of occupants or the public. Owners using potentially hazardous: substances which are stored or installed in the Common Area or any Unit . shall indemnify and hold the Association and all the'other Owners harmless from any. damage or liability arising or 'resulting from . the storage or use of such substances. A separate indemnification agreement and additional insurance coverage shall be required and approved by Association before the substances'. or. related system can .be stored or installed. Subject'to the *remaining provisions of this Section an Owner shall be .entitled to use and store only those Hazardous, Materials that are necessary for such Owner's business.; provided that - - -such-usage and storage is in full compliance with- all - applicable -local=state and federal statutes; - -- orders; ordinances, rules and regulations (as interpreted by.judicial and administrative decisions). Each Owner shall give to the Association written notice of any spills, releasesor discharges of Hazardous Materials within *its •Unit -or in ,any _Common Area of which said Owner has knowledge, regardless of whether or not such spill, release or discharge was caused by such Owner. Each . Owner covenants to investigate; clean _up and otherwise remediate ' any, spill, release or discharge of Hazardous Materials caused by the • acts or omissions' of such Owner, or its agents, employees, representatives,. invitees; licensees, tenants, customers or contractors at ` such Owner's 'sole. cost and expense. Such investigation; cleanup. and remediation, if regarding the Common Area, shall be performed after such Owner has obtained the A:ssociation's.:written consent,.which shall not be unreasonably withheld; provided, however; that such Owner shall be entitled to respond ini ediately to an emergency without first obtaining the Association's written consent. Each Owner shall indemnify, defend and hold the Association and all other Owner's • - 25 harmless from and against any. and all claims, judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but. not limited to, attorneys' and consultants' fees) arising from or related to the use; presence, transportation, storage, disposal, spill, release or discharge of Hazardous Materials within such Owner's Unit or in the Common Area if caused by the acts or omissions of such Owner, its agents, employees, representatives, invitees, licensees, tenants, customers or contractors: 7.3. Vehicle Restrictions and Towing. No trailer, camper, mobile home; boat, inoperable automobile or similar equipment shall be permitted -to remain upon any area within the Property. No truck larger than 3/4 ton shall be parked on the Property other than delivery trucks or moving vans making pick-ups or deliveries. No noisy or smoky vehicles shall be operated on the Properly. No unlicensed motor vehicles shall be operated upon the Property. Association may cause the removal, without notice, of any vehicle parked in a marked fire lane, within fifteen (15) feet of a fire hydrant, in a parking space designated for handicapped without proper authority or in a manner whichinterferes with any entrance to, or exit from the Project or any Condominium, parking space or garage located thereon. The Association shall not be liable for any damages incurred by the vehicle Owner because of the removal in compliance with this Section or for any damage to the vehicle caused by the removal unless such damage resulted from the intentional or negligent act of the Association or any Person causing the removal of or removing said vehicle. If requested by the Owner of the vehicle, the Association shall state the grounds for the removal of same. Notwithstanding the foregoing, temporary parking of delivery trucks, moving vans, or trailers for a period of not more than one day for the purposes of loading and unloading shall be permitted. Extended parking in excess of said period will only be allowed by permit to be issued and for'a fee to be determined by the Association. 7.4. Signs. No individual Unit signs shall be displayed to the public view on any Condominiums or on any portion of the Project except .(a) such signs for the name of the Project which are approved by the City;. and (b) those signs that may be approved by the Association; acting `through the Board and City per approved sign program. Signs ' shall conform to all applicable local ordinances and regulations, and any regulations established by the Association. Once a permitted and approved sign has been installed, the Association shall take no. subsequent action disapproving the previously approved sign or requiring its removal. No advertising or - -promotional activities- such as -pennants, - lights,_ amplified- -sound--or..music, . shall. be_ permitted -=- - without the prior consent' of the Board. Notwithstanding the. above provisions, signs indicating the number of each Unit and -identifying the professional practice of the Owner or occupant of each such Unit may be displayed on interior entrance doors for each such Unit. Additionally, the Association will maintain a directory at one or more appropriate locations in the Common Areas of the Project, identifying the professional practice and unit number thereof. All signage at the Project may be 'subject to. standards adopted. by the Association. Neither the Board of Directors nor any Owner shall Have the right to alter the City's approved signage program. -7.5.. Animals. No animals, reptiles, insects or birds of any kind shall be raised,' bred, or kept in.any Condominium, or.on any portion of the Project. 26 7.6. Disposal of Garbage and Refuse.' Rubbish, trash' and garbage shall not be allowed to accumulate within Units .or upon the Project. All equipment for the storage or disposal of such materials shall be kept in, a clean and sanitary condition. All equipment, garbage cans, or storage piles shall be kept screened and concealed from view of other Condominiums, streets, and Common Areas. Each Owner shall be responsible for the removal of his trash and garbage from his Unit. Subjectto Section C of this Declaration and.Sections J 6(i) and 7(g) the Shopping Center. Declaration, the Association shall be responsible for removal of garbage and waste material from the central pickup points. No toxic or Hazardous Materials shall be disposed of within the Project by dumping in the garbage containers, down the drains, or otherwise. Notwithstanding the foregoing, when depositing materials in the common trash bins, ample space within the trash containers must be available so that the material does not overflow onto the ground surrounding the trash container or in such a manner that will not allow the lid of said container to be closed. If the Association determines that any one Owner is using or requires more than a reasonable proportionate share of the available common trash container space, the Association shall, after written notification to said Owner, arrange for additional trash containers and/or pickups as may deemed appropriate. All charges for said additional services shall be borne by the involved Owner and where allowed, billed directly to said Owner by the company providing said services. 7.7. Radio and Television Antennas. or Dishes. No Owner shall construct and/or use and operate his own external radio and/or television antenna or satellite dish, without the consent of the Board.. In considering whether to approve applications, the Board shall consider of aesthetics and. uniformity of appearance .in the Project. All fees for the use of any cable television system shall be borne by the respective Condominium Owners and not by the Association. 7.8. Architectural Control. No fence, wall, obstruction, outside or exterior wiring, balcony, screen, .awning, improvement or structure �of any kind shall be constructed, installed, erected, or maintained upon the Project, nor shall any alteration .or improvementof any kind be made thereto. Notwithstanding the foregoing, improvement or alterations to Unit interiors are not subject to review or control by the Board,' but are subject to the City's approval and permitting. process, provided that an Owner shall not; in the course of remodeling his Unit, damage or interfere with or impair any utility' lines or mechanical systems which serve other Condominiums or impair the structural integrity of the Building or lessen the support of any, - - --- --.portions of -the Project. The Association shall not cause to be' made, or .permit any changes in the exterior. or structural portion of the. Building which materially ` affects` the outward appearance of. the 7. 10. Liability of Owners for Damage to Common Area. The Owner of each Condominium shall be liable to the Association for all damage to the. Common Area caused by such Owner 'or its Permittees. The Association shall be responsible for repairing the damages and the liable owner shall be responsible for the expenses as described in Section 5.1 A. 7.11.. Vacancy; Option to Repurchase. Declarant desires to avoid the initial purchase of Units for speculation and also wishes to assure that as quickly as reasonably possible, the Project is sold to Owners who will assure that the Units are actually used, as soon as reasonably possible -for professional office uses, as described in Section 7.1 above. In furtherance of these purposes, not more than eighteen (18) months after title is transferred by Declarant to an Owner, each Unit shall be occupied and operated during regular business hours for professional office uses that comply with Section 7.1 above. Any Unit that remains vacant for more than eighteen (18) months following the initial sale of such Unit by Declarant shall. be subject to a repurchase option in favor of Declarant, as described herein. For purposes of this Section, a Unit will be deemed "vacant" if (a) it is not open to the public for professional office uses; and. (b) fixturization (the construction by Owner of interior Improvements in order to allow use of the Unit for professional office uses) has not been commenced or, if commenced, is not being diligently pursued. Declarant's option to repurchase will be subject to the following provisions: (1) Declarant will provide a thirty (30) day written notice to Owner of the vacant Unit, indicating Declarant's intention to exercise this repurchase option. (2) After receiving the notice, the Owner of the vacant Unit may (a) within such 30 day period; occupy the Unit or diligently, commence and pursue to timely completion fixturizati on of the Unit; or (b) - notify Declarant within . five (5) days following receipt of such notice from Declarant of the, Owner's intention to convey the Unit to Declarant no later than sixty (60) days, thereafter. Failure by an Owner to respond.to such written notice from. Declarant will be deemed an election to allow Declarant to repurchase the Unit. (3) The purchase price -for Declarant's repurchase. of the Unit will. be the original purchase price at which the Unit was sold to the Owner, excluding any costs of fixturization, delinquent taxes and assessments and closing costs. Taxes and assessments will be current ' and prorated as of close of escrow. The Owner will be responsible for any prepayment fees or penalties with respect to encumbrances that must be removed'. (4) If the repurchase escrow has not closed , withinthirty (3 0) days following the expiration of the original thirty (30) day period, Declarant may bring an action to. specifically enforce its rights hereunder, in' which case the prevailing party will be entitled, in addition to such other relief as may be granted, to a. reasonable sum as its attorneys' fees and costs. (5) An Owner who has elected or is deemed to have, elected to resell his Unit. to Declarant pursuant to this repurchase option shall keep the Unit in good condition and diligently clear any encumbrance and pay. any - delinquent taxes or assessments. Good and marketable title to such Unit will be conveyed to Declarant through escrow, free from delinquent taxes and encumbrances: 28 ARTICLE VIII. GENERAL PROVISIONS 8.1. Enforcement. The. Association, the City (as described in 8:13 below), or any Owner (including Declarant so long as Declarant is an Owner), shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or. hereinafter imposed. by the provisions of this Declaration, the Articles and the Bylaws. Pursuant to California Civil Code Section 1354 the prevailing parry shall be entitled to recover reasonable attorneys' fees as are ordered by a court or an arbitrator. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall not be deemed a waiver of the right to do so thereafter. 8.2. Invalidit y of Any Provision. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Project is situated, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 8.3. Term. The covenants and restrictions. in this Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Association or the. Owner of any Unit, their respective legal representatives, heirs, successors and assigns, for. a term of thirty (30) years from the date this Declaration is recorded, after, which time they shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a' majority of the then Owners of the Condominiums, has- been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change the covenants and restrictions in whole or in part, or to terminate the same: 8.4. Amendments. After the close of escrow upon the sale of the first Condominium, this Declaration may be amended only by the affirmative vote, in person or by proxy,, or written consent of Members representing a majority of the total voting power of the Association. However, the percentage of voting power necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. Any amendment must be certified in a writing executed and acknowledged by the President or Vice President of the Association and recorded in the Recorder's Office of the County of Los Angeles. 8.5. Encroachment Rights. If any portion of the Common Area encroaches on any ..Unit or in- any part thereof or any portion of a Unit encroaches on any Common Area due to engineering errors; errors or adjustments in original construction, reconstruction, repair, settlement, shifting, or movement of the Building, or any other cause, the Owner of the encroaching element shall have the right to maintain, repair or replace the encroachment, as long as .it exists, and the rights and. obligations of Owners shallnot be. altered in any way by said encroachment, settlement or shifting; provided; however, that no right shall be created in favor of an Owner or Owners if said encroachment occurred due to the intentional conduct of said Owner or Owners other than adjustments by Declarant in the original construction. In the event the Building or a Unit is . partially .or totally destroyed, and then repaired or rebuilt, 'minor. encroachments over adj oining Condominiums ' or Common Area shall. be permitted and there shall be appropriate rights fofthe maintenance of said encroachments so long as theyshall'exist. _ 30 � - In the event that an error in engineering; design or construction results in an encroachment of the Building into the Common Area, or into or onto an adjoining lot, or into a required setback area,. a correcting modification may be made in the Map and/or Condominium. Plan. Said modification shall be in the form of a certificate of correction and shall be executed by Declarant, so long* as Declarant is the sole Owner of the. Property, and by Declarant's engineer, in. the case of a Condominium Plan; and in addition, by the city engineer, -in the case of a subdivision map or ,parcel map. If the correction occurs after a fractional tenancy -in -common interest in the 'Common Area has been . conveyed to any Owner of a Condominium other than Declarant, the Association and any such Owner shall also execute the certificate of correction. The Board may, by vote or written approval of a majority, of the Directors, authorize the execution of the certificate of correction. 8.6. Rights of First Lenders. No breach of any of the covenants, conditions and restrictions herein contained, nor the enforcement of any lien provisions herein, shall render invalid the lien of any first Mortgage, meaning a Mortgage with first priority over any other Mortgage, on any Condominium made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise. Notwithstanding any provision in the Project Documents to the, contrary, First Lenders shall have the following rights: A. Copies of Project Documents. The Association. shall make available to Condominium Owners and First Lenders,. and to. holders,,, insurers or guarantors of any first Mortgage, current copies of the Declaration," Bylaws, Articles or other Tules concerning the Project and the books, records and financial statements of the Association, upon request, during normal business hours or under otherreasonable circumstances. The Board may impose a fee for. providing the foregoing which may not exceed the reasonable cost to prepare and reproduce the requested documents. B. Audited Statement. The holders of fifty-one. percent (51%) or more of first Mortgages shall be entitled; upon written request, to have an audited financial statement for the immediately preceding fiscal year prepared at their expense if one isnot otherwise available. Such statement shall be furnished within a reasonable'time following such request. _ ._._ .. C. Notice of Action. Upon written request to the Association, identifying the name and address of the First Lender, and the Condominium number or address, such First Lender will be entitled to timely written notice of: (1)-any.condemnation loss or any casualty loss which affects a material portion of the Project or any, Condominium. on which there is .a first' Mortgage held, insured, or guaranteed by such ,First Lender, as: applicable; (2) any default in performance of obligations under the ,Project documents or.,delinquency in the payment of assessments or charges owed by an Owner of a Condominium subject to a first Mortgage held, insured or guaranteed by such First Lender, which remains uncured for a period of sixty' (60) days; (3) any lapse; cancellation or material, modification of any insurance policy or fidelity bond maintained by the Association; (4) any proposed action which :would require the consent of a specified percentage of First Lenders_ as specified.. in Section .8.6 D. The. Associationshall discharge its obligation to notify First Lenders by sending written notices required herein to such, 31 parties, at the address given on the current request for notice, in the manner prescribed in Section 8.11. D. Consent to Action. (1) Except as provided by statute or by other provision of the Project Documents in case of. substantial destruction or condemnation of the Project; the consent of Owners of Condominiums to which at least sixty-six percent (66%) of the votes in the Association are allocated and the approval of First Lenders holding Mortgages on Condominiums which have at least sixty-six percent (66%) of the votes of Condominiums subject to first Mortgages, shall be required to terminate the legal status of the Project as a Condominium Project. (2) Except as provided by statute in case of condemnation or substantial loss to the Condominiums and/or common elements of the Project, unless .the holders of at least two-thirds (2/3) of the first Mortgages, based upon one (1) vote for each first Mortgage or deed of trust owned, or Owners of the individual Condominiums have given their prior written approval, the Association and/or the Owners shall not be entitled to: (a) By act or omission, seek to abandon or terminate the Project, except for abandonment or termination provided by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (b) Change the pro rata interest or obligations of any individual Condominium for the purpose of. (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each Condominium in the Common Area; (c) Partition or subdivide any Condominium; (d) By act. or omission, seek to: abandon, partition, subdivide, encumber, sell or transfer the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area shall not be deemed a transfer within the meaning of this clause; (e) Use hazard insurance proceeds for losses to the Project, whether to Condominiums or to Common Area, for other than the repair, replacement' or reconstruction of the Project. E. Reserves. In, accordance with Section 4.7, Condominium -assessments. shall include an adequate reserve fund for maintenance, repairs,' and replacement hof those Irnprovements which the Association is. obligated to maintain that must be replaced on a periodic basis which may be paid in -either a lump sum or monthly payments as determined by the Board. F. Priority of Liens. Each Bolder of a.first Mortgage lien on a Condominium by virtue of foreclosure of the 1Vlortgage, or, any purchaser at a foreclosure sale under a first deed of trust; will take the Condominium free of any claims for unpaid' assessments and' fees, late 32 charges, fines or interest levied in connection therewith, against the Condominium which accrue prior to the time such holder comes into possession of the Condominium, except for claims for a pro rata share of such assessments or charges to all Project Condominiums including the mortgaged, Condominium, and except for assessment liens recorded prior to the Mortgage. G. Distribution of Insurance of Condemnation Proceeds. No provision of the Project Documents gives an Owner, or any other party, priority over any rights of First Lenders of Condominiums pursuant to their Mortgages in the case of distribution to Owners of insurance proceeds nor condemnation awards for losses to or taking of Condominiums. H. Restoration or Repair. Any restoration or repair of the Project, after a partial condemnation or damage due to an insurable hazard, shall be performed substantially in accordance with the Declaration and the original plans and specifications, unless other action is approved by First Lenders holding Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to first Mortgages: 8.7. Owner's Right and Obligation to Maintain and Repair. Except for those -portions of the Project which the Association is required to maintain and repair, each Owner shall, at his sole cost and expense, maintain and repair the Unit, keeping the same in good condition. Each Owner shall bear the cost of maintenance, repair and replacement of the following, items within or serving such Owner's Unit: the interior of his Unit, all utilities servicing his Unit, all windows and doors appurtenant to.. his Unit, and all appliances therein, including plumbing and light fixtures. Individual water heaters, if any, located within the Unit -served thereby, shall be 'maintained by the Owner of the Condominium. Owners shall maintain, repair and replace the exterior doors and windows of their respective Units and any such replacement items will be of the same type (style, color, texture, etc.) as the item being replaced, unless the Board otherwise approves. Each .Owner shall repair, maintain and replace all pipes, wires, cables and conduits supplying utilities: to the Unit which are .located within -the boundaries- of the Unit. The fire sprinkler system, fire alarm system and HVAC shall be maintained and repaired' by the Association. Each Owner is responsible for all costs for any repair of the damages caused by such Owner or its Permittees. Each Owner shall have the exclusive right toy decorate the inner surfaces of .the walls, ceilings, floors, and doors bounding. the Unit. In the event an Owner fails to maintain his Unit in a manner which the Board deems necessary to preserve the appearance and value of the Property, the Board may notify Owner of the work required and.'requesi it be done within thirty (30) days from the giving of such notice. - In the -event Owner fails to -carry out -- - such maintenance within the period, the Board may, following notice and hearing as'provided. in the Bylaws, cause such work to be done and the cost thereof shall immediately be paid by such. Owner to the Association and until paid .shall bear interest at the -rate of twelve percent (12%) per annum, but no greater than the maximum rate authorized by law. 8.8. Insurance. " The Association shall obtain and continue in effect a master policy of insurance covering all of the personal property and supplies of the. Association, and all of the Property and Improvements of the Common Area and all fixtures and ` Building service equipment therein, including, without limitation, fire and extended' coverage and special form and instuing. one hundred percent (100%) of current. replacement costs of all Improvements in the Common Area, including, without limitation,. the ' core and shell of the Building, a.. comprehensive general liability insurance policy insuring the Association and each Owner for. his 33 liability for the Common Area, and a fidelity bond covering officers, Directors and employees in an amount to be determined by the Board, but in no event less than a sum equal to three (3) months' aggregate assessments on all Units plus reserve funds. The master policy shall be. issued in the name of the Association. All insurance shall contain waiver of subrogation as to the Association, officers, Directors, and Members, and if obtainable, a cross -liability or severability of interest endorsement insuring each insured against liability to each other insured: Each Owner appoints. the Association, or any insurance trustee to be designated by the Association, as attorney in fact for the purpose of purchasing and maintaining the Association's insurance, including: the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases ofliability required for payment of in proceeds; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose. The Association or any insurance trustee shall be required to receive, hold, or otherwise properly dispose of any proceeds. of insurance in trust for Owners and their first Mortgage holders, as their interests may appear. The minimum limits on the liability insurance policy shall be One Million dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) aggregate and shall include personal injury, bodily injury, property damage and liability for non -owned automobiles. Workers' compensation insurance shall at .all times be carried to the extent required to comply with -any applicable law. Officers' and Directors' liability insurance shall be carried by the Association to cover Persons serving in such capacities and to cover committee Members; if such coverage is available at reasonable cost. Insurance .maintained by the Association does not cover the "tenant improvements" or interior of the Units, or the personal property and effects of the occupants,, nor does any insurance maintained by the Association provide liability protection against injuries or damages to persons or property occurring within the Units. Each Owner shall separately insure his or her Condomiruum against loss by fire or other casualty covered by his insurance and shall name the Association 'as an additional insured -party.. In addition, a liability insurance policy shall be carried by each Owner and shall have the `same minimum limits as the master policy carried by Association. An Owner may insure his personal property against loss. In addition, any _Improvements made..by .an .Owner..withinhis_Unit-may be.separately_insured. by the type and nature of coverage commonly known as ".tenant's improvements". All such insurance that is individually carried must contain a. waiver of subrogation rights by the insurer as to other Owners, the Association, Declarant, and First Lenders. Upon purchase of a Condominium in the Project, each Owner recognizes and agrees. that it is Owner's responsibility to obtain insurance to cover these matters., Each Owner further agrees -to indemnify, defend, protect and hold Declarant, its employees and listing broker (AL Capital, Inc.). and general contractor (Advance General Construction, Inc.), the Board, the Association and its officers, harmless with respect to claims, lawsuits, insurance claims, attorney fees or any related costs,, for liability claims for injuries or damages occurring within such Owner's Unit, whether or not such Owner has acquired adequate liability insurance coverage for such injuries or damages. 34 Insurance premiums for the master policy shall be a common expense to be included in the monthly assessments levied by the Association and the portion of such payment necessary for the insurance premiums may be held in a separate account of the Association and shall be used solely for the payment of the master insurance policy premiums as such premiums become due. If Project Improvements are damaged or destroyed by fire or other casualty, the Improvements shall be repaired orreconstructed substantially in accordance with the original as - built plans and specifications, modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstruction and subject to such alterations or upgrades as may be approved by the Board, unless either of the following occurs: (1) The cost of repair or reconstruction is more than fifty percent (50%) of the current replacement costs of all Project Improvements, available, insurance proceeds are not sufficient to pay for at least eighty-five percent (85%) of the cost of such repairs or reconstruction, and seventy-five percent (75%)- of the total voting power of the 'Association residing in Members and their First Lenders vote against such repair and reconstruction; or (2) Available insurance proceeds are not sufficient to substantially repair or reconstruct the Iinprovements within a reasonable time as 'determined by the Board, a special assessment levied to supplement the insurance fails to receive the approval of at least sixty-six percent (66%) of the total voting power of the Association residing in Members ' and their First Lenders, and the Board, without the requisite approval by the Members and their First Lenders, is unable to supplement the insurance by borrowing on behalf of the Association sufficient monies to enable the hnprovementsto be substantially repaired or reconstructed within a reasonable time. If the improvement is to be repaired. or reconstructed and the cost for .repair or reconstruction is in excess of twenty-five percent (25%) of the current replacement cost of all the Common Area Improvements, the Board shall designate a construction consultant, a general contractor, and an architect for the. repair or reconstruction. All insurance proceeds, Association monies allocatedforthe repair or reconstruction, and any borrowings by he Association for the repair or reconstruction shall be deposited- with a commercial lending institution experienced in the disbursement of construction loan funds (the "depository") as selected by the Board. Funds shall be disbursed in accordance with the normal construction loan practices of the depository _that require- as -a-minimum-that _.the construction consultant,-- 'or _contiac.to-r--and_architect_.__. certify within ten (10) days prior to any disbursement substantially the following: A. That all of the work completed as of the date of such request for disburseinent has: been done in compliance with the approved plans and specifications; B. That such disbursement request represents monies which are justly due to entities or Persons who have rendered or furnished certain services or materials for the work; C. That the sum then requested to be disbursed plus all sums previously disbursed does not exceed the cost of the work insofar as actually accomplished; 35 D. That no part of the cost of the services. and materials described in the foregoing paragraph A.has been or is being made the basis for the disbursement of any funds in any previous or then pending application; and E. That .the amount field by the depository, after payment of the amount requested in the pending. disbursement request; will be sufficient to pay in full the costs necessary to complete the repair or reconstruction. If the cost of repair or reconstruction is less than twenty-five percent (25%) of the current replacement cost of all the Common Area Improvements, the Board shall disburse the available funds for the repair and reconstruction under such procedures as the Board deems appropriate under the circumstances. The repair or reconstruction shall commence no later than one hundred and eighty (180) days after the date of such damage or destruction and shall be completed no later than three hundred and sixty-five (3 65) days after commencement of reconstruction, subject to delays that are beyond the control of the parry responsible for making the repairs. If the Improvements are not repaired or reconstructed in accordance with the foregoing, all available insurance proceeds shall be disbursed among all Owners and their respective Mortgagees in proportion to the respective fair market values of their Condominiums as of the date immediately preceding the date of damage or destruction as determined by a qualified independent appraiser selected by the Board, after first applying the. proceeds to the cost of mitigating hazardous conditions on the Property, making provision for the continuance of public liability insurance to protect the interests of the Owners until the Property can be sold, and complying with all other applicable requirements of governmental agencies. If the failure to repair.. or reconstruct results in a material alteration of the use of the Project from its use immediately preceding the damage or. destruction as determined by the Board, the Project shall be sold in its entirety under 'such terms and conditions as the Board deems appropriate. A material alteration shall be -conclusively presumed if repair or reconstruction costs exceed twenty-five (25%0) of the current replacement cost of..all.Project Improvements. If any Owner or First Lender disputes the Board'sdetermination as to a material. alteration, . the dispute shall be submitted: to . arbitration pursuant to the rules of the American Arbitration Association and the decision of the arbitrator, shall be conclusive and_binding .on all. Owners and their Mortgagees. If the Project is sold, the sales proceeds shall be distributedtoall- Owners. and their respective Mortgagees in proportion to the respective fair market values of their Condominiums as of the date immediately preceding the date of damage or destruction as determined by the, independent appraisal procedure described above. For the purpose of effecting a sale under this Section 8.8,; each Owner grants to the Association an irrevocable power of attorney to sell the entire Project for the benefit of the Owners, to terminate the Declaration and to dissolve the.. Association. In' the event the Association fails to take the necessary. steps to sell the entire Project as required hereunder within. one hundred and twenty (120) days following the date of a determination by the. Board or arbitrator of a material alteration, or within one hundred and eighty (180) days following the date of damage or destruction if the Board has failed to make a 36 determination as to the material alteration, any Owner may file a partition action as to the entire Project under California Civil Code Section 1359, or any successor statute, and the Courtshall order partition by sale of the entire Project and distribution of the sale proceeds as provided herein. Notwithstanding anything herein to the contrary, any Owner or group of Owners shall have a right of first refusal to match the terms and conditions of any offer made to the Association in the event of a sale of the Project under this Section 8.8, provided this right is exercised within ten (10) days of receipt by the Owners of a notice from the Association containing the terms and conditions of any offer it has received. If the Owner or group of Owners subsequently default on their offer to purchase, they shall be liable to the other Owners and their respective Mortgagees for any damages resulting from the default. If more than one (1) Owner or group elects to exercise this right, the Board shall accept the offer that in its determination is the best offer. 8.9. Condemnation. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Area(s), or part thereof. In the event of a taking or acquisition of part or all of the Common Area(s) by a'condemiing authority, the award or proceeds of settlement shall be. payable to the Association, or any trustee appointed by the Association, for the use and benefit of the Owners and their Mortgagees as .their interests may appear. In the event of an award for the taking of any Condominium in the Project by eminent domain, the `Owner, 'of such Condominium shall be entitled to receive the award for such taking and after acceptance thereof he and his Mortgagee shall be divested of all interest in the Project if such Owner shall vacate his Condominium as a result of such taking.. The remaining Owners shall decide by majority vote whether to rebuild or repair the Project, or take other action. The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration shall be amended to reflect such taking and to readjust proportionately the percentages of undivided interest of the remaining Owners in the. Property.: In the event of a taking by eminent domain of any part of the Common Area, the Association shall participate in the negotiations; and shall propose the method. of division of the. proceeds of condemnation, where Units are. not valued' separately by the condemning authority or by the court. Proceeds of condemnation shall.be distributed: among Owners of Condominiums and their respective Mortgagees according to the relative values of the Condominiums affected by the condemnation, said values to be determined by the method provided-in-Section-8.8:...... If there is a substantial taking of the Project in excess of fifty percent (50%), the Owners may terminate the legal status of the Project and, if necessary, bring a partition action under California Civil Code Section 1359 or any successor statute, on the election to terminate by fifty- one percent (51 %) of the total voting power of the Association residing in Members other than Declarant and the approval of First Lenders holding Mortgages on. Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to First I Lenders. Mortgages. The proceeds from the partition sale shall be distributed to the Owners and their respective Mortgagees in proportion to the fair market values of their Condominiums as determined under the method described in. Section 8.8. 37 8. 10. Owners' Compliance. Each Owner, tenant or, occupant of a Condominium shall comply with the provisions of this Declaration, and to the extent they are not in conflict with the Declaration, the Articles and Bylaws, and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Fail . to comply with any such provisions, decisions, or resolutions shall be grounds for an action (1) to recover sums due; (2) for damages; (3) for injunctive relief; (4) for costs and attorney's fees; or, (5) any combination of the foregoing, All agreements and determinations lawfully made by the Association in accordance with the voting. percentages established in this Declaration or in the Articles of the Bylaws shall be deemed to be binding on all Owners of Condominiums, their successors and assigns. 8.11. Notices. Any notice permitted or required by the Declaration, Articles or Bylaws may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have, been delivered ninety-six (96) hours after a copy of same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the Person to be notified at the current address given by such Person to the Secretary of the Board or addressed to the Condominium of such Person if no address has been given to the Secretary. 8.12. Tenant's Rights. A tenant lawfully in possession of a Condominium shall have the same right to use the Common Area as an Owner in possession of the Condominium would have and shall be subject to all of the provisions of the Project documents and any rules and. regulations adopted by the Board or the Association. No Owner shall, either directly or indirectly, forbid or restrict such use of the Common Area by such a tenant. All leases shall obligate tenants to comply with the Project Documents and with all rules and regulations adopted by. the Board, and shall provided that any violation of the provisions thereof constitute a default under the- lease. 8.13. Rights of City. The Owners of all Condominiums subject to these covenants, conditions and restrictions recognize that proper maintenance of the Common Area is for the benefit of all citizens of the City and that the City is an intended third party beneficiary of these covenants, conditions and restrictions and may, upon notice and hearing as set forth below, exercise the same powers of enforcement as the Association. In the event that the City determines that the Association has not adequately maintained the Common Area, then the City may give written notice to the. Association, which notice shall contain the date for a'hearing on. the matter, which hearing, shall be held no sooner than fifteen (15) days after mailing of such notice, and in the event after such hearing the City determines to so act; then the City may .undertakethe maintenance of such Common Area. Any and all costs incurred by the City in so maintaining such Common Area shall be a lien against the maintenance fund and the property subject to assessment, and shall -be the personal obligation of. the Members of the Association. The above mentioned clauses relating to the rights of the City. shall not be amended Without the consent of the City. 38 R 14 Arbitration Any controversy or claim relating to the matters described in this Declaration, `may be settled by arbitration at the option of the aggrieved Owner, in accordance with the Commercial Rules of the American. Arbitration Association ("AAA"), and judgment upon the award rendered (which award may include equitable relief) by the arbitrators may be entered in any court having jurisdiction. Notwithstanding the foregoing, the Association's power, to _establish;' fix, and levy assessments against the Owners of Condominiums and to enforce payment of such assessments or carry out any of its responsibilities in accordance with the provisions hereof shall not be the subject of such arbitration without the Association's written consent. 8..15. Disputes Regarding Design or Construction of Project: In the event any Owner, with respect to his Unit, or the Association, with respect to any portion of the Common Area; believes that construction or design defects may exist or have occurred, prior to and as a condition of the filing of any litigation or demand for arbitration, such Owner or the Association shall firstprovide written notice to Declarant regarding such alleged defect, after which Declarant shall have a reasonable opportunity to evaluate the alleged defect and, if Declarant agrees that such a defect exists, to remedy the defect. Declarant shall respond to any initial notice by investigating the alleged defect within thirty (30) days following receipt of such notice. If Declarant concurs that a defect exists, Declarant shall commence to remedy such defect not more than thirty (30) days after concluding its investigation and will diligently pursue any such remedyto conclusion. If Declarant does not respond within the above periods or does not concur that a defect exists, any controversy or claim between or among Declarant and any Owner or the Association relating to the design or construction. of the Project shall be submitted to binding arbitration before the AAA .in accordance with Title 9 of the U.S. Code (Federal Arbitration Act) and the Commercial Rules of a AAA. Further, any such demand for arbitration by the Association shall be filed only upon the vote ' at a duly noticed and properly held membership meeting, of two- thirds (2/3rds) of the Members other than Declarant. Amendment of this provision shall require the vote of two-thirds (2/3rds) of the Members other than Declarant. Costs of the arbitration will initially be borne equally by the parties, but will ultimately be allocated between and among the parties as determined by the arbitrator. The arbitration will be conducted in the county where the Project is located. The arbitrator will apply California substantive law in rendering a final decision. The arbitrator shall have the power to grant all legal and equitable remedies and award - -compensatory damages, but shall not have the -power -to -award -punitive -damages. The parties­­------7--- agree to be bound by the decision of the arbitrator, which shall be final and non -appealable. Judgment upon the decision rendered by the arbitrator may be entered in any court having jurisdiction or applications may be made to such courtfor judicial acceptance of the award and an order of enforcement. If a party refuses to arbitrate, the other party may seek a court order compelling the arbitration pursuant to the Federal Arbitration Act. 8.16. No Waiver. Failure by the Association or by any Member to enforce: any covenant, condition, or restriction herein contained, or the Articles, Bylaws or Association rules in any certain instance or on any particular occasion, shall not be deemed a waiver of such right On, airy such future breach of the same or any other covenant, condition, or restriction. 39 8.17. Estoppel Certificates. Upon the written request of any Owner, the Board shall provide the Owner with a written certificate stating that; to the best of its actual knowledge; the Owner is not in violation of any of the provisions of this Declaration, or if there are any such violations or the Board has received such notices; setting forth in sufficient detail the nature of such violations. The certificate shall be delivered to the Owner no later than thirty (30) days after such request by an Owner. The Board may charge the Owner a reasonable fee to recover its costs in researching and preparing the certificate. Any prospective purchaser or Mortgagee shall be entitled to rely on the information contained in the certificate; provided, however, that such reliance may not extend to any violations of this Declaration of which the Board does not have actual knowledge, or which have not been brought to its attention by written notice of an Owner. To the fullest extent permitted by law, and provided the Association, Board members, officers, and ' any committee members, acted in good faith and consistent with what they reasonably believed to be within the scope of their authority and duties, then neither the Association, the Board members and officers of the Association, nor the members of any committee of the Association, shall be liable to the Owner requesting the certificate or any other. Owner for any damage, loss, or prejudice suffered or claimed on account of any information contained in the certificate being incomplete or inaccurate. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration this day of , 2010. DECLARANT: THL Investment, LLC, a California limited liability company By: CGM Development, Inc. Its: Managing Member By Peichin Lee, President 40 TABLE OF CONTENTS Page ARTICLEI. DEFINITIONS ....... ........................................ .................................................... 2 1.1. Articles... ........... ::............................... ...................:...............:..................... 2 1.2. Assessment ..........:........::....................... ...... .......:......................................2 1.3. Association ......................... ........................ ................... ............ .................2 1.4. Board or Board of Directors.::...:.........:.............................:............................... 2 1.5. Building .................................................... ..................................................I ......... 1 2 1:6. Building Common Area.......................................................... ............... .... 2 1.7. Bylaws ..... ............:..........................................................:.........: ...........2 1.8. city .:.......:.... .............................::................................:.............I...:.:.......... 2 1.9. Common Area:......................:..................................:.. ............................... 2 1.10. Common Expenses .. ............................:.................................:.................2 1.11. Common Interest.:..........:..............................:..........:.:.................:............. 2 1.12. Condominium ............................................. ................... ........................... 3 .1.13: Condominium Plan ..... ............................................................................... 3 1.14. Declarant......................:..........................:.....:..................::.:.......... ..........3. 1.15. Declarant Country Hills . ...................................." 3 1.16. Declaration........:::.....::: ........ ........................ ...... ....... .............:... .:..........3 1.17. Diamond Hills Plaza :............................ ................................................................ 3 : 1.18. Exclusive Use Common Area ..:.:......................... ............... ....:..............::. 3 1.19.Firsfi Lender....:......::............................................:.........:.: ..................... 3 1.20. Hazardous Materials ........................... .......................... ......................... 3 1.21. _Improvements. .....:. ...............:..............................:.......................................3. . 1.22.. Map ::................................... ............... ........ ....... ....... ... 3 1.23. Member .......::............ ............. ............... ....... ........................ ... 4 1.24.: Mortgage., ................................ .! ...... :......... ........................ 4 1.25. ' Mortgagee ............................... :........................................ ...................................... 4 1.26. Owner or Owners ...............: ...................: ........ ......... .......................:....4 1.27. Permittees ...................................... ::...::.:....:........ .... ...................... 4 1.28. Person 4 1.29.1 Project ....................................:...... .... ............. 4' RVBUS\MGRANT\746488.5 . -1- TABLE OF CONTENTS (continued) Page 1.30. Project Documents........................................:.................................................... 4 1.31. Property e ................................................. ................... ................... 4 1.32. Shopping Center Declaration............................................................................... 4 1.33. Shopping Center Property.......................................................................... .,:........ 4 1.34: Unit ......................................... .................... ....... ..................................................... 5 ARTICLE II. DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND CREATION OF PROPERTY RIGHTS ........................................................... 6 2.1. Description of Project.......................................:................................................ 6 2.2. Division of Property..............:............................................................................... 6 2.3. Rights of Entry and Use ................................ 2.4. Partition Prohibited................................................................................................ 8 2.5. Rights and Obligations in Diamond Hills Plaza Property 2.6. Association as Agent Regarding Shopping Center Declaration ............................ 9 2.7. Allowed and Prohibited Uses.................................:.....................................:....... 9 ARTICLE III. ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS ...:.............. 3.1. Association to Manage and Maintain Common Areas 3.2. Membership .. 3.3.- Membership and Voting Rights ................................... 3.4. Two Classes of Membership.......:::: ................................... .............................. 10 3.5. Authorization .............................................. ............ :........................................... 11 ARTICLE IV. ASSESSMENTS:.............:...::.................:._................................................. 12 4.1. Creation of the Lien and Personal Obligation of Assessment.......... .................. 12 4.2. Notice of Delinquency ..............................................:..............:..................... 12 43. Creation of Lien :................................:...........:.....................................:.::::. 12 4.4. Enforcement of Lien ...................................................:.... .............................. 13 4.5.' Waiver of Exemptions . 4.6. Purpose of Assessments::......................................:.......... ............................ 13 4.7. :: ..`13 Assessments................................................................. ...................... ... 4'.8. Capital. Contribution .................... 4.9. Allocation of Assessments........:...'... ................... ..................................... . 14 RVB0S\MGRANn746485.5 -11- TABLE OF CONTENTS (continued) Page 4.10. Date of Commencement of Assessments; Due Dates ........... ................ ....... 14 4.11. Transfer of Condominium by Sale or Foreclosure .............................................. 15 4.12. Priorities; Enforcement; Remedies ............................................ ................ 1.5 4.13. Unallocated Taxes... 4.14. No Offsets...............::.................................................................................. 16 4.15. Assessment Surplus ............................... ........................................................... 16 ARTICLE V. DUTIES AND POWERS OF THE ASSOCIATION ................................. 17 5.1. Duties...:....::......................................................:....`.........................:.:......... 17 5.2. . ......................... ............... ........... ....................... Powers .............. ........... ..19 5.3. Commencementof Association's Duties and Powers .......... :............ ................. 21 ARTICLE VI.. UTILITIES......................:..:..................................................I............... 22 6.1. Owners' Rights and Duties..........:......................:............................................. 22 6.2. Easements for Utilities and Maintenance ........ :......................................... ......... 22 Association's Duties ..........:.......:................................................................ 23 6.4. Metering of Utilities............ . 6.5. Access Easements.....:.......:.................................:..............:........:.............23 6.6. Unit Security Alarm..: :.......:............ ........:...........................:.................... 23 ARTICLE VH. USE RESTRICTIONS .............................................. ............................ 24 7.1. Condominium Use . 7.2. Nuisances...:............................:.............::..........................................:..........25 7.3. Vehicle Restrictions and Towing ..... ................. ....................................... ........... 26 _.7.4.- _ . Signs ....................................................... ..................................... ........ 26 7.5. Animals ............................... .........:.............:......:..................................:.. 26 7.6. Disposal of Garbage and Refuse..; ....................................................... ............ 27 7.7. Radio and Television Antennas or Dishes ...................:...:..:............................ 27 7.8. Architectural Control .......................:..........................:............................... 27 7.9. Drapes...........................................:................................................................. 27 7.10. Liability of Owners for Damage to Common Area ..................::.. :..:.... ....:.:... 28 7.11. Vacancy; Option to Repurchase ......:....... .... 28 7.12. ; Overloading.............................................................................:............ 29 RVBUS\MGRAN-A746488.5 '-111- TABLE OF CONTENTS (continued)' Page 7.13. Smoking Prohibited...............:........................................................................ 29 7.14. Restroom Access.......................:......................................................................... 29 7.15. Roof Balcony Access.............................................................................. ......... 29 ARTICLE VIII. GENERAL PROVISIONS.........................................:................................. 30 8.1. Enforcement.............................................................:..........................................30 8.2.. Invalidity of Any Provision .................................................. .................. .......:. 30 8.3. Term.............................................................................:........:............................30 8.4: Amendments........................................................................................................ 30 8.5. Encroachment Rights.............:............................................................................. 30 8.6. Rights of First Lenders, ... ....................................................... .............. 31 8.7. Owner's Right and Obligation to Maintain and Repair ...................................... 33 8.8. Insurance..........:.................................................................................................. 33 8.9. Condemnation......................................................................................................37 8.10. Owners' Compliance........................................................................................... 38, 8.11.. Notices................................................................:................................................38 8:12. Tenant's Rights 338 8.13.., Rights of City ... ...........................................................................:. 38 Rights `J 8.14. Arbitration.................................................... ..........:...................................... 39 8.15. Disputes Regarding Design or Construction of Project ....................................... 39 8:16. No Waiver.......... .............. 39 8.17. Estoppel Certificates .......................................... ...._._... . ..__. . EXMIT "A" SITE PLAN DEPICTING BUILDING COMMON AREA EXHIBIT `B" CONDOMINIUM PLAN RVBUSNGRAN x\746488.5 -lv- , November 3, 201 T affic Engineers &Planners Transportation Parking Mr. Johnny Hang TTL, Investments, LLC Unscott, Law & 17528 Rowland Street Greenspan, Engineers City of Industry, CA 91748 1580 Corporate give LLG Reference No. 2.10.3146.1 sn e 12z Costa Mesa, CA 92626 714.641.1587 7 Subject: Revised Traffic and Paridng,A,ssessment 714.641.0139 F Diamond Star Office Building at Diamond Hills Plaza wvvw.ilgengineer,s.com (updated to address City staff comments) Diamond Bar, California Pasadena Costa Mesa Dear Mr. Hang: San Diego Las Vegas As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Revised Traffic and Parking Assessment associated with a proposed office building to be located at 2705 S. Diamond Bar Boulevard within Diamond Hills. Plaza. Diamond Hills Plaza is an existing shopping center with a total floor area of approximately of 175,650 square -feet (SF), inclusive of the 20,000 SF: AAA Diamond Bar District office, and 941 parking spaces that is located along the west side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road in the City of Diamond Bar, California. Figure 1, located at the rear of this letter report, presents a. Vicinity Map, which illustrates the , general location of the project and depicts the surrounding street system. This traffic and parking analysis evaluates the potential traffic and parking impacts associated with the development of an office building in place of a retail/restaurant building.that was previously approved by the City of Diamond.Bar. This analysis also considers the traffic and parking implications of the recently approved occupation of 10,200 SF of -retail designated space with a music/art (private lessons) academy. Further, in response to City staff traffic -related comments outlined in a memorandum dated September 21, 2010.as well as additional comments provided on October, 12 and October 22, 2010, this revised assessment address whether or not any mitigation/improvements for the intersection of Diamond Bar Boulevard and Philip n.unscon;PEnwS-zoo, Fountain Springs Lane are warranted based on construction of the proposed Project. Jack M.Gree aspan;PEwo The supplemental analysis utilizes the Trac Impact Analysis for the 'Country Hills William Aaaw, PE 1ae,.i Towne Center Expansion Project, Diamond Bar, dated July 25, 2005, as a database of Paid W. Wilkinson, PE the updated level of service calculations for this key intersection. John R Keadng, PE David S.Shender.PE John A, Boarman, PE Clare M. took -Jaeger, PE Richard E. Barretto, PE Keil D. Mahan PE OVERVIEW ANIS PROJECT DESCRIPTION LLG previously studied this site and prepared the Trac Impact Analysis for the Country Hills Towne Center Expansion Project, Diamond Bar, dated July 25, 2005, The July 2005 study evaluated the impact associated with the construction of a 49,100 square -foot (SF) medical office building (MOB) on the southern portion of the site in a place of the 7,450 SF daycare center and a. 9,101 SF retail building, renovation of the 23,428 SF theatre, construction of a two-story, 12,408 SF restaurant/commercial building and re -tenancy of. retail suites into food uses. Implementation of the approved project would have resulted in a total floor, area of 221,083 SF. The recently approved modifications to the development by Sarofim Realty Advisors include the construction of a' new 14,700 square -foot (SF) building in place of the recently renovated, but vacant 23;428 SF building that was `formerly occupied by a theatre. Approved uses for this building ` include a 10,200 SF . music/art academy instead of retail -oriented uses l and 4,500 SF of inline food uses/restaurant space. The proposed Diamond Star Office Building will be located on a northern portion of the existing retail center, south of Fountain Springs Road; between the Diamond Bar Boulevard and a site driveway. The Project includes construction of a3 -story, 36,134 SF office building in place of a 2 -story, 12,000 SY retail/restaurant building that was previously approved by the City. Site improvements will result in a loss of 15, spaces; hence the parking supply to be provided at Diamond Hills Plaza will be reduced from 941 spaces to 926 spaces upon completion of the proposed Project. Figure 2 presents the overall site plan for Diamond Hills Plaza, while Figure 3 presents the site plan for the proposed office building; prepared by Creative Design Associates, Inc. Upon completion of the proposed Project, as well as recently approved modifications, the floor area at Diamond Hills Plaza will increase by 27;406 SF, resulting in an overall floor area of approximately 203,056 SF, which is 18,027 SF less than the floor area approved by the City of Diamond Bar in October 2005. A review of Table 1, located at 1. the: end of this letter report following figures, indicates that.Diamond Hills Plaza will consist of 40,000 SF Super H -Mart grocery store, a 21,440 SF Rite Aid, 24,01.5 SF of retail shop / service retail space', a 10,200 SF music/art academy, 8;874 SF of office/bank floor area, 27,476 SF of restaurant space, 7,467 SF of fast-food with drive-thru, a 7,450 SF daycare center, a 20,000 SF AAA Diamond Bar District office; and a 36,134 SF office building: l Please note that LLG's supplemental Ti -a c and Parking Assessment for Diamond Hills Renovation Project Proposed Music/Art Academy, dated March 12, 2010 evaluated the potential impacts associated with this use. ! uc if., l s. ;1 ,... a :,u 111 ! m, ,,':r, !ii 4 aft `I't,..l .;`rind 1 t.,.ies.., ' TRAFFIC ANALYSIS Trip Generation Analysis Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. To remain consistent with the July 2005 traffic study, generation factors and equations used in this traffic forecasting procedure for this assessment are based on the 7th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2003]. Table 2 summarizes the trip generation equations used in forecasting the impact of Diamond Hills Plaza with the addition of the proposed office building. Table 3 summarizes a comparison of the trip generation potential of the "Now - Proposed Project", with the proposed 36,134 SF office building, as well. as the recently approved music/art academy and repeats the forecast of the Approved Redevelopment Plan as evaluated in the July 2005 traffic study. Review of the upper portion of this table indicated that the "Now -Proposed Project" has.a forecast trip generation potential of 9,027 daily trips, with 322 trips (204 inbound, 118 outbound) produced in the AM peak hour. and 704 trips (323 inbound, 381 'outbound) produced in the PM peak hour on a "typical" weekday. As shown in the lower portion of the Table 3, the "Approved Redevelopment Plan" of the Diamond Hills Plaza Project was projected to generate approximately 9,849 daily trips, with 317 trips (215 inbound, 1.02 outbound) produced in the AM peak hour and 745 trips (317 inbound, 428 outbound) produced in the PM peak hour on a "typical" weekday. These prior forecasts equate to a mitigated "trip budget" for the Diamond Hills Plaza from which the traffic implications of refinements/revisions (like those now proposed with the construction of 36,134 SF of office space in place of 12,000 SF of retail/restaurant space) to the, project development tabulation or land use mix might be evaluated. As indicated in the last. row of Table 3, the "Now -Proposed. Project" is forecast to generate 822 fewer daily trips, 5 more AM peals hour trips, and 41 fewer AM peak hour trips when compared to the Approved Redevelopment Plan, The difference in daily and peak hour trips is attributed to the change in development which included the eliminating the construction of the. previously approved 49,100 SF MOB, the recently approved occupancy of 10,200 SF of retail -designated space with a music/art academy, and construction of a 36,134 SF office building in place of a 12,000 SF retail/restaurant building. Based on this comparison, we conclude that the traffic impact potential associated with,the proposed office building project and mix of land uses will be insignificant and negligible. ?6 1. 1:;..±:?,i.IIIL;:J,.r: kI.3 i...,:.t?,.f..i I.;}at.,..:.?±;1;.....,.t±:l:... Supplemental Intersection Traffic ImpactAssessment In response to City comments and to determine the potential traffic impact associated with the "Now -Proposed Project" at the intersection of Diamond Bar Boulevard at Fountain Springs Lane, a supplemental intersection capacity analysis was performed at this intersection using the July 2005 traffic study as a database for this assessment. Based on the results of the July 2005 traffic study,- it was concluded that the Approved Redevelopment Plan, which included the construction of a 49,100 SF medical office building on the southern portion of the site; just north. of Cold Springs Lane, the Approved Redevelopment Plan; did not have a significant impact at the Diamond Bar Boulevard/Fountain Springs Lane intersection. As shown in Table 4 (and previously presented in Table 8-2 of the July 2005 traffic study), the AM peak hour and PM peak hour LOS of the Diamond Bar Boulevard/Fountain Springs Lane intersection was forecast to operate at LOS C and LOS; D, respectively with the addition of traffic generated by the Approved Redevelopment Plan. Although the "Now -Proposed Project" is forecast to generate fewer trips, especially. during the critical PM peak hour, a re-evaluation of the project's impact, which includes an update the Project's trip distribution pattern to reflect the construction of a 36,134 SF office building on the northern portion of the site, just south of Fountain Springs Lane, was performed with the results summarized in the second row of Table 4. Figure 4 illustrates the updated traffic distribution pattern for the proposed Project. As shown in Table 4, the "Now -Proposed Project" will not adversely impact the LOS of the Diamond` Bar' Boulevard/Fountain Springs Lane intersection... Similar to the findings of the July 2005 traffic study, this key intersection is forecast to operate at LOS C and LOS D: during the AM peak hour and PM peak hour, respectively. As there is not a significant project impact at the Diamond Bar Boulevard/Fountain Springs Lane intersection, no traffic mitigation measure/improvement is required or recommended other than those previously identified in the July 2005 traffic study. PAREING SUPPLY DEMAND ANALYSIS Analyzing the supply -demand relationship of Diamond Hills Plaza involves determining the parking needs in relation to the .existing and/or, future parking supply. In general, there are two methods that can. be, used to determine the parking. demand. These methods include: 1. application of City' code parking requirements (which typically treats each use as a "stand alone" use at maximum demand); and tm i.,i,; !i k .,P tp ! 3: `'uiid,u; z.in. Pail, 2t! 2. analysis of shared parking usage patterns over time (which recognizes that the parking demand for each use varies by time of day, day of week, and month of year). The shared parking methodology is certainly applicable to a development such as the Diamond Hills Plaza, as the, individual land uses (i.e., retail, restaurant, office, etc.) experience peak demands at different times of the day. City Code Parking Analysis As a benchmark, the number of parking spaces required to support the Diamond Hills Plaza, after completion of the. proposed renovation project, was first conducted by using the parking codes per Chapter 22.30 Off -Street Parking and Loading Standards of. the City of Diamond Bar Municipal Code and comparing it to the proposed parking supply provided by the project. Proposed Parking Supply Based on information provided in the proposed project site plan and review of existing conditions at the retail center, a total of 9262 parking spaces will be provided on surface lots located throughout the site. Proposed Prosect Parkinz Requirements The City's parking code (Section 22.30.040) for existing and proposed land uses of the Diamond Hills Plaza is as follows: ® Shopping centers (shall use unsegregated parking area): 1 space for each 200 SF of gross floor area for centers of less than 20,000 SF and .l space for each 250 SF of gross floor area for centers of 20,000 to 50,000 SF, and 1 space for each 300 SF of gross floor area for. centers over 50,000 SF, plus 1- space for each 1,000 SF of outdoor, display area. ® Restaurants, fast-food: Espace for each 100 SF of gross.floor.area, plus l .space_ .... _ .. _ for each 1.00 SF of outdoor dining area: ® Offices, administrative, corporate: 1 space for each 400 SF of gross floor area. ® Banks and financial services: 1 space for each 300 SF of gross floor area. Music Academy / Foot Spa: 1 space for each 300 SF of gross floor area, plus 1 space for each employee, per direction of City staff 2 A total of 944 spaces was previously proposed, however. 3 spaces will be inaccessible since they are proposed to be occupied by recycling center trailersibinds. Further, an additional 15 spaces will be lost with development of the proposed office building project (944 - 3 15 = 926). (. c. i 3 ....t -itai R i; d , _ .ii f _ l li. . t.ir i.; L , I. tit _{. ® Studios for art, dance and martial arts: 1 space for each 150 SF of gross floor area, plus 1 space for each employee. The City parking codes were applied to the proposed project development tabulation and Table S summarizes the parking requirements for the Diamond Hills Plaza after completion of the proposed Diamond Star Office Building project. As shown, direct application of the City's code to the proposed development results in a code -parking requirement of 736 spaces, with the proposed 36,134 SF office building requiring 90 spaces. With a proposed parking supply of 926 spaces, a theoretical parking surplus of 190 spaces is forecast. These parking requirements reflect the total parking demand of the center assuming each use is a "freestanding" development at maximum demand and does not consider the "sharing" of parking spaces or time of day parking demand needs. To further validate the adequacy of parking at Diamond Hills Plaza, a shared parking analysis has been prepared, consistent with the prior July 2005 traffic analysis, as well recent traffic and parking analyses prepared for the site. The utilization of the shared parking methodology approach/criteria provides Sarofim Realty. Advisors, owners of the retail center, and the. City of Diamond Bar with a mechanism by which the parking implications of enhancements/modification to the development tabulation or land use mix might be evaluated. Shared Parking Analysis Shared Parking Rationale and Basis Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the proposed mixed-use characteristics of the Diamond Hills Plaza, opportunities to share parking can be expected. The objective of this- shared parking analysis is to project the peak- parking -requirements for the project based on the combined demand patterns of different land uses at the site. Shared Parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week, or even months of the year. When uses share a common parking footprint, the total number, of spaces needed to support'the collective whole is determined by adding parking profiles (by time of: day; week, and year), ratherthan individual peak ratios as represented in Chapter. X2.30 Off -Street Parking and Loading Standards of the City of Diamond Bar Municipal Code. There's an important common element between the traditional "code" and the Shared Parking calculation methodologies; the peak parking ratios, or :'highpoint": for each land use's parkingprofile, typically equals the "code" parking ratio for that use. The .. .. - t t..) . t5 .�i' I.) ',..,i .� E 4. .'✓.' I�it�_i ,a.' � ;1:)`. ii{ i 1.:' ..i. {ia!{..) i' S. l;_S h...af i lr,.'. i....v. 1 .': s.(t,. : ia.�.l :..l l_. , 1 analytical procedures for Shared Parking Analyses are well documented in the Shared Parking publication by the Urban Land Institute (ULI). Shared parking calculations for the Diamond Hills Plaza utilize peak parking ratios and hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use .types are combined. Further, the shared parking approach will result, at other than peals parking demand times, in an excess amount of spaces that will service the overall needs of the Diamond Hills Plaza. Shared Parking Analysis Procedure The proposed Shared Parking calculation procedure for the Diamond Hills Plaza is as follows: 1. Identify the land uses and quantities (floor area, theater seats, restaurant square - footage etc.), within the Diamond Hills Plaza to be utilized in the Shared Parking model. 2. Determine the peak -parking requirement for each land use component based on factors from. the City's Parking Code. 3. If necessary, adjust parking demand component for seasonal variation (i.e: 'different use peak at during different months of the year). 4. Adjust for any parking supply component that will be unavailable for sharing. Examples are spaces that will be exclusively dedicated and/or accessible by only one use type. 5. Determine the total demand for the site, by time of day, based on the summation of the demand profiles developed by the Urban Land Institute (ULI) and published in Shared Parking. 6. Isolate the maximum demand level between 6:00 AM and Midnight: This maximum demand level is the minimum standard for sizing (in terms of spaces) the parking `supply for that study area: Shared Parkin Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the Diamond Hi11s Plaza are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2"a Edition. The ULI publication presents hourly parking demand profiles for seven general land uses: office, retail, restaurant, cinema, residential (Central Business District: CBD and non - CBD), hotel (consisting of separate factors for guest rooms, restaurant/lounge, conference room, and convention area). These factors. present a profile of parking demand over time and have been used directly, by land' use type, in the analysis of this project. One of the primary project components for the Diamond Hills Plaza is retail space, the ULI: retail use profiles are >applied, directly. In doing ,so, there is an intermediate step in expressing ULI profiles, as a percentage of.the week-long peak, thus arriving ";. .: _.. �, ,. ;'ii.: ..:.c s, p�,.F ti,.r.. ..a.,,,: u.! .aa.:?�ty;t !i:,! {>;y.trn... • : .i.. { „ , _,.t... . :.:.s..: f .!„_ at a weekday profile and weekend profile. each expressed as a percentage of the baseline parking ratio (ULI actually starts with separate ratios for weekday and weekend day, and develops profiles for each accordingly; we've found it more convenient to translate both profiles to a percent of expected maximum demand, which, for retail, turns out to be on a Saturday). The resulting profiles represent the most likely hourly parking demand profile, and are applied to the City's retail parking ratio of 1 space per 300 SF-GFA. Peak demand for retail uses occurs between 1:00 PM-2:00 PM on weekdays, and 2:00 PM-4:00 PM on weekends. For this analysis, the restaurant use profile is based on a fine-casual dining restaurant (typically non fast-food). Like the retail profiles, the restaurant profiles are derived exactly from the ULI baseline. The restaurant-parking ratio utilized, in this analysis exactly matches the City code rate I of 1 space for each 75 SF of GFA for patrons, plus 1 space for each 300 SF of service area, plus 1 space for each 100 SF of outdoor dining area.. According to the Shared Parking publication, casual/fining dining restaurant uses are shown to experience peak demand between 7:00 PM and 10:00 PM on weekdays; and 8:00 PM and 9:00 PM on weekends. The ULI Shared Parking publication includes a fast-food restaurant profile, that is used in this analysis. To estimate the fast-food restaurant parking demand, a parking ratio of 1 space per 100 SF (which matches City code) is utilized. For fast-food uses peak demand occurs between 12:00 PM and 2:00 PM on weekdays and weekends. The office profiles, inclusive of the proposed Project, were also directly derived from ULI. For office uses peak demand occurs 'between 10:00 AM - 11:00 AM and 2:00 PM - 3:00 PM for weekdays .and between 11:00 AM - 12:00 PM for weekends. The peak-parking ratio for office uses exactly equals the City's Parking Code requirement of 1 space per 400 SF. The bank.profRes were also directly derived from ULL For bank uses peak demand occurs between 2:00 PM and 6:00 PM on weekdays, while the Saturday peak demand for bank uses occurs between 11:00 AM and 12:00 PM. 'The peak-parking ratio for bank uses exactly equals the City's Parking Code requirement of 1 space per 300 SF. In addition, the parking code requirement for the music/art academy was assumed to be required throughout their weekday and weekend hours of operations of 2:30 PM to 8:00 PM and 9:00 AM and 4:00 PM, respectively. Similarly; thepuking code requirement for the martial arts studio was also assumed to be required throughout its weekday and weekend hours of operation. This approach results a conservative forecast: Application of Shared Parking Methodology) Tables 6 and .7 present the weekday and weekend parking demand for the Diamond Hills Plaza based on the sharedparking methodology. Columns (1) through (9) of . .ar:..:. 1, f, these tables present the parking accumulation characteristics and parking demand of the Diamond Hills Plaza for the hours of 6:00 AM to midnight. Column (10) presents the expected joint -use parking demand for the entire site on an hourly basis, while Column (11) summarizes the hourly parking surplus/deficiency for the existing retail center compared to a parking supply of 926, spaces. Based on our experience, the shared parking approach summarized in Tables 6 and 7 are believed to be the most appropriate in evaluating the parking supply -demand relationships for the Diamond Hills Plaza. The results in these tables are the focus of this parking investigation and recommendations. Shared Parking Analysis Results As shown in Table 6, the peak daytime use parking requirement for the Diamond Hills Plaza during a weekday totals 770 spaces and occurs at 2:00 PM. The peak` evening parking demand during a weekday, which occurs at 6:00 PM, totals 750 spaces. Based on the proposed parking supply of 926 spaces, a surplus of 1560 spaces would result during the peak hour of a "typical" weekday. Table 7 presents the hourly shared parking demand forecast on a weekend day at completion of the. project. As shown, the peak weekend midday use parking demand for the project is expected to occur at 1:00 PM, when a parking demand of 626 spaces is forecast. The peak weekend night use parking demand, which occurs at 6:00 PM, is 620 spaces. With a parking supply of 926. spaces, a surplus of 300 spaces is forecast during the peak hour of a ".typical" weekend. Based on, the results. of the shared parking analysis, we conclude that adequate parking will be provided at the Diamond Hills Plaza upon completion of the proposed Project, consistent with the. findings of the City code calculations. Appendix A contains the shared parking analysis calculation worksheets for this weekday and weekend day shared parking analysis. CONCLUSIONS Based on the above project development comparison. and the results of the prior traffic study, we conclude that the construction of the proposed 3 -story, 36,134 SF office building in place of a previously approved 2 -story; 12,000 `SF retail/restaurant building will not impact the future traffic conditions within the project vicinity beyond those levels identified in the Ti of c Impact Analysis for the Count7y Hills, Towne. Centel Expansion Project,' Diamond Bar, .`dated July 25, :2005, the Remised Traffic and Parking Assessment for Diamond Hills Renovation Project, dated ,...; ,, it..tt t s..,.,. 1;.,,.:, ..k: .. .: y,:.E ;i;a.r: .. 1 Mr: Johnny Hang November 3, 2010 Page 10 January 11, 2.010 and the Supplemental Traffic and Parking Assessment for Diamond Hills Renovation Project Proposed Music/Art Academy, dated March 12, 2010. Further yet, our assessment of the shared parking requirements for the project, plus the City code calculations, indicates that the retail center's proposed parking supply of 926 spaces is adequate and can accommodate the proposed Diamond Star Office Building as well as the recently approved music/art academy. In addition; similar to the "Approved Redevelopment Plan', the results of the Supplemental intersection capacity analysis for the intersection of Diamond Bar Boulevard at Fountain Springs Lane indicates that the "Now -Proposed Project" will not have a' significant traffic impact at this key intersection. Hence, no traffic mitigation measures/improvements are required of the Project. We appreciate the opportunity to prepare this assessment for you and the City of Diamond .Bar. Should you have any questions, or need additional assistance, please do not hesitate to call me at (714) 641-1587. Very truly yours, . Linscott, Law & Greenspan, ]Engineers Richard E. Barretto, P.E. 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M M C>\ U Cn U cy vt ;N cV• N N y0.. vi M h N. ;a .. c CL 0 o a 0 0 c U) Y caca ca cam pop U N ai C) ;2 _ m m Time Percent Percent ITE Land Use Code Period Equations Entering Exiting Daily T = 220 (X) 50% 50% 444: Movie Theatre with AM Peak > T = 0.75 (X) 50% 50% Matinee'- (TE/Screen) PM Peak T = 20.22 (X) 40% 60% Daily T = 79.26 (X) 50% 50% . 565: Day Care Center AM Peak T = 12.79 (X) 53% 47% (TE/1000 SF) PM Peak T = 13.18 (X) 47% 53% Daily T = 11.01 (X) .50% 50% 710: General Office Building AM Peak T = 1.55 (X) 87% (TE/1000 SF) PM Peak T = 1.49 (X) 17% 83% Daily T = 36.13 (X) 50% 50% 720:.Medical-Dental Office AM Peak T = 2.48 (X) 79% 21% (TE/1000 SF) PM Peak T = 3.72 (X) 27% 73% Daily Ln (T) = 0,65 Ln (X) + 5.83 50% 50% 820: Retail Shopping Center AM peak Ln (T) = 0.60 Ln (X) + 2.29 61% 39% (TE/1000 SF) PM Peak Ln (T) = 0.660 Ln (X) + 3.4 48% 52% 3 Source: Trip Generation, 7°i Edition, Institute of Transportation Engineers (ITE) [Washington, D.C. (2003)], 4 Source: Internal Capture rates were estimated based on the methodology outlines in Chapter 7 — Multi -Use Development of Trip Generation Handbook, published by ITE, June 2004: 5 Pass -By Trips are trips made as intermediate stops on the way fr.om an ori�gin to a rima�trip .destination. Pass -by trips are attracted from traffic passing the site on adjacent streets, which contain direct access to the generator. The. PM peak hour pass -by percentage (T) for retail shopping center uses is calculated. based on the following equation:- LN (T) = -0.291 LN {X) + 5.001, where X'= gross leasable area (Source: Trip Generation Handbook, ITE June 2004)..For a day care center, a 40% PM peak hour pass -by reduction factor was used (Source: SANDAG Traffic Generators). AM peak hourand daily pass -by percentages estimated to:be.10% for above referenced land uses. 6 LLG's Supplemental Traffic and Parking Assessment for Diamond Hills Renovation Project Proposed Music/ Art Academy, dated March 12, 2010 evaluated the potential impacts associated with this use. Daily AM Peak Hour PM Peak Hour In Out Total In Out Total Project Description 2 -Way Now -Proposed Protect a Diamond Hills Plaza (149,272 SF) 8,811 121 78 199 391 424 815 Internal Capture Adjustment4 -183 0 0 0 -16 -16 -32 Subtotal 8,628 121 78 199 375 408 783 Pass -By Adjustments -863 -12 -8 -20 -135 -147 -282 Retail Center Net Trip Generation 7,765 109 70 179 240 261 501 ■ Day Care Center (7,450 SF) 590 51 45 95 46 52 98 Internal Capture Adjustmene -109 0 0 0 -13 -8 -21 Subtotal 481 50 45 95 33 44 77 Pass -By Adjustments -48 -5 -4 -9 -13 -18 -31 Day Care Net Trip Generation . 433 45 41 86 20 26 46 ® Proposed DHT Office Building 398 49 7 56 9 45 54 (36,134 SF). Internal Capture Adjustment4 -74 0 0 0 -3 -8 -11 Office Building Net Trip Generation 324 49 7 56 1 6 37 43 ■ Music/Art Academy (10,200 SF)6 505 0 0 0 57 57 114 Net Trip Generation Potential for 9,027 204 118 322 323 381 704 Proposed Project: Approved Redevelopment Plan ® ` CHTC Retail Center (171,983 SF) 9,661 132 85 217 430 466 896 Internal Capture Adjustmene -326 0 0 0 -9 -14 -23 Subtotal 9,335 132 85 217 421 452 873 Pass -By Adjustments -934 -13 -9 -22 -139 -149 -288 Retail Center Net Trip Generation 8,401 119 76 195 282 303 585 n Proposed Medical Office Building 1,774 96 26 122 49 134 183 (49,100 SF)) _ ..Internal Capture Adjustment4 -326... _ . 0 .:... 0... 0 -14 -9. _723 -23 Medical Office Net Trip Generation 1,448 96 26 122 35 125 160 Net Trip Generation Potential for 9,849 215 102 317 317 428 745 Proposed Project: Net Difference in Trip Generation: Now Proposed Project vs. Approved -822 -11 16 5 6 -47 41 Redevelopment Plan 3 Source: Trip Generation, 7°i Edition, Institute of Transportation Engineers (ITE) [Washington, D.C. (2003)], 4 Source: Internal Capture rates were estimated based on the methodology outlines in Chapter 7 — Multi -Use Development of Trip Generation Handbook, published by ITE, June 2004: 5 Pass -By Trips are trips made as intermediate stops on the way fr.om an ori�gin to a rima�trip .destination. Pass -by trips are attracted from traffic passing the site on adjacent streets, which contain direct access to the generator. The. PM peak hour pass -by percentage (T) for retail shopping center uses is calculated. based on the following equation:- LN (T) = -0.291 LN {X) + 5.001, where X'= gross leasable area (Source: Trip Generation Handbook, ITE June 2004)..For a day care center, a 40% PM peak hour pass -by reduction factor was used (Source: SANDAG Traffic Generators). AM peak hourand daily pass -by percentages estimated to:be.10% for above referenced land uses. 6 LLG's Supplemental Traffic and Parking Assessment for Diamond Hills Renovation Project Proposed Music/ Art Academy, dated March 12, 2010 evaluated the potential impacts associated with this use. TABLE 4 SI IPPI FMFNTAL YEAR 2016 PEAK HOUR INTERSECTION CAPACITY ANALYSIS (1) (2) (3) 2003 Existing Year 2016 Year 2016 (4) Traffic Cumulative Cumulative Plus Significant Conditions Traffic Project Traffic Impact? Diamond Bar Boulevard at Time Fountain Springs Lane Period ICU LOS ICU LOS ICU LOS ICU Inc. Y/N Approved AM 0.639 B 0.771 C 0.786 C 0.015 No 1. Redevelopment Plan PM 0.665 B 0.868 D 0.893. D 0.025 No Traffic Impacts Now -Proposed Project AM 0.639 B 0.771 C : 0.788 C 0.017 No 2. Traffic Impact PM 0.665 B 0.868 D 0.886 D 0.018 No Square -feet of Gross Floor City of Diamond Bar Spaces Project Description Area (SF — GFA Code Parking Ratio Required I space per 300 SF — GFA for centers Major Tenants, Retail Shops /Service 124,975 SF - over 50,000 SF, plus 1 space for each 417 Retail, Bank, Restaurant, Daycare; etc. 1,000 SF of outdoor display area Sakura Foot Spa with staff of 4 1,138 SF 1 spacer per 300 SF — GFA and 1 space per employee 8 YIC Tae Kwon Do Martial Arts 3142 SF 1 spacer per 150 SF - GFA and 1 space 29 with staff of 8 , per employee Music Academy1 10,200 SF spacer per 300 SF — GFA and 1 space 67 with 30 teachers and 3 staff per employee Fast -Food 7,467 SF 1 space per 100 SF — GFA, plus 1 space for each 100 SF of outdoor dining area 75 AAA DB District Office 20,000 SF 1 space per 400 SF - GFA 50 Proposed Office Building 36,134 SF 1space per 400 SF - GFA 90 Total Floor Area: 203,056 SF Total Code Parking Requirement: 736 Proposed Parking Supply: 926 Parking Surplus/Deficiency (+/-): +190 IF ' •Lriln O O1 V'1 N Cn N- ON b O hM b h 'd' V' oo •-h r_ O'JV O� oo h �n V• N tn V' N . 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N N - �p m � ou 0 0 cn may,C6O C.W M M C p, O O <Y' O O 'O O O O C O O N m N z u men L w M ��, O N v1 00 oo Q, oo Z '.m: N M N O O O O .O O w u w rMi ` CA y m 7 7 N 7 'V'. m N •-.• o ,�O o. O O o 0 0 O N a uj N Gi p [W " W C r �L` N oo N N •-� O 'O�' 7 m O, M.C+: r`V N N Oo N R w y ti o (, •� ,° O r Z N et cC O O N •--� m N 7 C L1 M M. m oo :00 :.Oti m O, m'V' W ,D N 'M: r N : N u Q eY d .M C/] .-r :.-1 •--, .-. .--':. N 'M: M M . ^ r ,M M : M G oo .-, O O, m N N N V r •-� N p.: co .--,. N: N 'O\ M M ^' 'U'V' r O' O 01 r .N m M C,4 N et: --' m ^N N 'O m O V.o �t . O_ �. - O, O O. O O O. O O O O O O O O O O O O. O. O O O O O' O O O O _..a (�' - O O O O �_ ,D - O N .-, N m V' 'N `? O ^ N r _� P. F W. G7 O 00 N OD 'O O O •o 0 w v� 0 a a w O N N u C v m � � N m u � d O U,, O O w y OC, CS 4 N � � m „ w O N e u v O O ..D •� .R. pa cu w o o w' as N -o co r O N N �m d 2 O co O U - �p m � ou 0 0 x Appendix Table A71 SHOPPING CENTER (TYPICAL DAYS) 3�_ WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Shopping Center (Typical Days) Size Pkg Rate [21 89.8 KSF 3.3 /KSF Shared Parking Demand 7 Gross Spaces 303 Spaces 244 Guest Spc. 59 Emp. Spc. Time of Day 6:00 AM % Of # Of % Of Peak [31 Spaces Peak [31 1% 2 9% # Of Spaces 5 7:00 AM 5% 12 14% 8 20 8:00 AM 14% 34 36% 21 55 9:00 AM 32% 78 68% 40 118 10:00 AM 59% 144 77% 45 189 11:00 AM 77% 188 86% 51 239 12:00 PM 86% 210 90% 53 263 1:00 PM 90% 220 90% 53 273 2:00 PM 86% 210 90% 53 263 3:00 PM 81% ' 198 90% 53 251 4:06 PM 81% 198 90% 53 251 5:00 PM 86% 210 86% 51 261 6:00 PM 86% 210 86% 51 261 7:00 PM 86%° 210 86% 51 261 8:00 PM 72% 176 81% 48 224 9:00 PM 45% 110 68% 40 150 10:00 PM 27% 66 36% 21 87 11:00 PM 9% 22 14% 8 30 12:00 AM 0% 0 0% 0 0 ,n i Appendix Table A-2 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1] DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Shopping Center (Typical Days) Size Pkg Rate[2] 89.8 KSF 3.3 /KSF Shared Parking Demand 8 Gross Spaces 303 Spaces 242 Guest Spc. 61 Emp. Spc. Time of Day 6:00 AM % Of # Of % Of # Of Peak [3] Spaces Peak [3] Spaces 1% 2 10% 6 7:00 AM 5% 12 15% 9 21 8:00 AM 10% 24 40% 24 48 9:00 AM 30%. 73 75% 46 119 10:00 AM 50% 121 85% 52 173 11:00 AM . 65% 157 95% ': 58 215, 12:00 PM 80% 194 100% . 61 255 1:00 P.M 90% 218 100% 61 279 2:00 PM 100% 242 100% 61 303 3:00 PM 100% 242 100% 61 303 4:00 PM 950/d 230 - 100% 61 291 5:00 PM 90% 218 95% 58 276 6:00 PM 80% 194 85% 52 246 7:00 PM 75% 182 80% 49 231 8:00 PM 65% 157: 75% 46 203 9:00 PM 50% 121 65% 40 161 10:00 PM 35% 85 45% 27 . 112 11:00 PM 15% 36 15% 9 45 12:00 AM 0% 0 0% 0 0 Land Use Fine/Casual Dining with 5,800 SF Outdoor dining Size Pkg Rate[21 27.5 KSF See Note [31 /KSF Gross Spaces 342 Spaces Shared Parking Demand 0 290 Guest Spc. 52 Emp. Spc. Time of Day 6:00 AM ° Of # Of % Of Hof /° Peak [31 Spaces Peak 131 Spaces 0% 0 0% 0 7`:00 AM 0% 0 18% 9 9 8:00 AM 0% 0 45% 23 23 9:00 AM 0% 0 68% 35 35 10:00 AM 14% 41 81% 42. 83 11:00 AM 36% 104 81% . 42 146 12:00 PM 68% 197 81% 42' 239 1:00 PM 68% 197 81% 42 239 2:OO PM 59% 171 81% 42 213 3:00 PM 36% 104 68% 35 139 4:00 PM 45% 131 68% 35 166 . 5:00 PM, 68% 197 90% 47 244 6:00 PM 86% 249 90%' 47 296 7:00 PM 90% 261 90% 4.7 308 8:00 PM 90% 261 90% 47 308 9:60 PM 90% 261 90% 47 308 10:00 PM 86% 249 90% 47 296 11:00 PM 68% 197 77% 40 23T 12:00 AM 23% 67 32% 17 84 Iz P e� a.b Appendix Table A-4 FINEICASUAL DINING WEEKEND SHARED PARKING DEMAND ANALYSIS [1] DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Fine/Casual Dining with 5,800 SF Outdoor dining . Size Plg ]Rate[2] 27.5 KSF See Note [3] /1CSF' Shared ,Parking Demand Gross ,. Spaces. 342 Spaces 291 Guest Spc. 51 Emp. Spe. Time of Day ----° .--•_Of % Of # Of /° Of # Peak [31 Spaces Peak [3] Spaces 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 20% 10 10 8:00 AM 0% 0 30% 15 15 9:00 AM 0% 0 60% 31 31 10:OO AM, 0% 0 75% 38 38 11:00 AM 15% .44 75% 38 82 12:00 PM 50% 146 75% 38 184 1:00 PM 55% 160 75% 38 198 2:00 PM 45% 131 75% 38 169 3:00 PM 45%: 131 75% 38 169 4:00 PM 45% 131 75% 38 169 5`:00 PM 60% 175 100% 51 226 6:00 PM 90% 262 100% 51 313 95% 276 100% 51 327 100% 291 100% 51 342 I 90%0 262 100% 51 313 90% 262 100% 51 313 F90% 262 85%0 43 305 50% ]46 50% 26 172 Land Use Fast -Food Restaurant Size Plc; Ratel21 7.5 KSF 10.0 /1{SF Gross 75 Spaces Spaces 64 Guest Spe. 11 Emp. Spc. Shared Parking Demand 5 Time of Day 6:00 AM % Of # Of % Of # Of Peak 131 Spaces Peak l31 Spaces 5% 3 15% 2 7:00 AM 10%u 6 20% 2 8 8:00 AM 20% 13 30%, 3 16 9:00 AM 30% 19 40% 4 23 10:00 AM 55% 35 75% 8 43 11:00 AM 85% 54 100% 11 65 12:00 PM 100% 64 100% 11 75 1:00 PM 100% 64 100% 11 75 2:00 PM 90% 58 95% 10 68 3:00 PM 60% 38 70% 8 46 4:00 PM 55% 35 60% 7 42 5:00 PM 60% 38 70% 8 46 6:00 PM 85% 54 90% 10 64 7:00 PM 80% 51 900W 10 61 8:00 PM 50% 32 60% 7 39 9:00 PM 30% 19 40% 4 23 10:00 PM 20% 13 30% 3 16 EMPMIF 10% 6 20% 2, ` 8 59/. 3 _ 20% 2 5 e � 1 !v 1 F Appendix Table A-6 s04 FAST-FOOD RESTAURANT,` WEEKEND SHARED PARKING DEMAND ANALYSIS [1J DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Fast -Food Restaurant Size Pkg Rate[2] 7.5ILSF 10.0 /KSF Gross 75 Spaces Spaces ` 64 Guest Spc., 11 Emp. Spc. Shared Parking Demand' Time of Day % Of # Of % Of # Of Peak [3J Spaces Peak [31 Spaces 6:00 AM 5% 3 14% 2 5 7:00 AM 9% 6 19% 2 8 8:00 AM 19% 12 28% 3 15 9:00 AM 28% 18 37% 4 22 10:00 AM 51% 33 70% 8 41 11:00 AM 79% 51 93% 10 61 12:00 PM 93% 60 93% 10 70 . 1:00 PM, 93% 60 93% 10 70 2:00 PM 84% 54 89% 10 64 3:00 PM 56% 36 65% 7 43 4:00 PM- 51% 33 56% 6 39 5:00 PM 56%, 36 65% 7 43 6:00 PM 79% 51 84% 9 60 7:00 PM 75% 48 84% 9 57 8:00 PM 47% 30 56% 6 36 9:00 PM 28% 18 37% 4 22 10:00 PM 19% 12 28% . 3 15 . 9% 6 19% 2 8 [�=j 5% 3 19% _ 2 5 Appendix Table A-7 AAA OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS f7] DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Office Size Pkg Ratef 2] 20.0 KSF . 2.5 /KSF Shared Gross Spaces 50 Spaces 4 Visitor Spc. 46 Emp. Spc. Time of Day 6:00 AM %o Of Peak f31 0% # Of % Of Spaces Peak f3] 0 3% # Of Spaces 1 Parking Demand 7:00 AM 1% 0 30% 14 14 8:00 AM 20% 1 75% 35 36 9:00 AM 60%° 2 95% 44 46 10:00 AM 100% 4 100% 46 50 11:00 AM 45% 2 100% 46 48 12:00 PM 15% 1 90% 41 42 1:00 PM 45% 2 90% 41 43 2:00 PM 100% 4 100% 46 50, ' 3:00 PM 45% 2 100% 46 48 4:00 PM 15% 1 90% 41 42 5:00 PM 10% 0 50% 23 23 6:00 PM 5% 0 25% 12 12 7:00 PM 2% 0 10% 5 5 8:00 PM 1% 0 7% 3 3 9:00 PM 0% 0 3% 1 1 10:00 PM 0% 0 1% 0 0 0% 0 0% 0 0 H00M M 0% 0 0% 0 ir-0 Appendix Table A-8 AAA OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [11 DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR MonUi: Land Use Office Size Pkg Rate[2] 20.0 ICSF 2.5 XSF Shared Gross Spaces 50 Spaces 4 Visitor Spc. 46 lamp. Spc. Time of Day % Of Peak [3] —_ ° # Of /o Of Spaces Peak [31 .. # Of Spaces Parking g Demand 6:00 AM 0% 0 0% 0 0, 7:00 AM 2% 0 2% 1 1 8:00 AM 6% 0 6% 3 3 ' 9:00 AM 8% 0 8% 4 4 10:00 AM 9% 0 9% 4 4 11:00 AM 10% 0 10% 5 5 . 12:00 PM 9% 0 9% 4 4 1:00 PM 8% 0 8% 4 4 2:00 PM 6% 0 6% 3 3 3:00 PM 4% 0 4% 2 2 4:00 PM 2% 0 2% 1 1 5:00 PM 1% 0 1%' 0 0 6:00 PM 1% 0 1% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% . 0 0 12:00 AM 0% 0 0% 0 0 Appendix Table A-9 Proposed THL Office Building WEEKDAY SHARED PARKING DEMAND ANALYSIS I1] DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Office Size Plcg Rate[21 36.1 KSF 2.5 /KSF Shared Gross Spaces 90 Spaces 7 Visitor Spc. 83 Emp. Spc. Time of Day % Of Peak 131 # Of % Of Spaces Peak [3] # Of Spaces Parking Demand 6:00 AM 0% 0 3% 2 2 7:00 AM 1 % 0 30% 25 25 8:00 AM 20% 1 75% 62 63 9:00 AM 60% 4 95% 79 83 10:00 AM 100% 7 100% 83 90 11:00 AM 45% 3 100% 83 86 1100 PM 15% 1 90% 75 76 1:00 PM 45% 3 90% 75 78 2:00 PM 100% 7 100% 83 90 3:00 PM 45% 3 100% 83 86 4:00 PM 15% 1 90% 75 76 5:00 PM 10% 1 50% 42 43 6:00 PM 5% 0 25% 21 21 7:00 PM 2% 0 10% 8 8 8:00 PM I % 0 7% 6 6 9:00 PM 0% 0 3% 2 2 10:00 PM 0% 0 1 % I 1 M11 0% 0 0% 0 0 0% 0 0% 0j 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking Yates for all land uses based on ULI procedure normalized to express percentage in terns of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 ofthe '"SharedParking" manual: Appendix Table A-10 Proposed THL Office Building WEEKEND SHARED PARKING DEMAND ANALYSIS [1l DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: Land Use Office Size Pltg Rate[2] 36.1 KSF 2.5 XSF Gross 90 Spaces Spaces 7 Visitor Spc. 83 Emp. Spc. Shared Parking Demand 0 Time of Day 6:00 AM % Of # Of % Of # Of Peak [31 Spaces Peak 131 Spaces 0% 0 0% 0 7:00 AM 2% 0 2% 2 2 8:00 AM 6% 0 6% 5 5. 9:00 AM 8% 1 8% 7 8 10:00 AM 9% 1 9% 7 8 11:00 AM 10% 1 10% 8 9 12:00 PM 9% 1 9% 7 8 1:00 PM 8% 1 8% 7 8 2:00 PM 6% 0 6% 5 5 3:00 PM 4% 0 4% 3 3 4:00 PM 2% 0 2% 2 2 5:00 PM 1% 0 1% 1 1 6:00 PM 1% 0 1% 1 1 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12.00 AM 0% 0 0% 0 0 I Notes: [1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking". manual: ...... _ _.._ _ .....:....... _... Appendix Table A-11 BANK WEEKDAY SHARED PARKING DEMAND ANALYSIS [11 DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month: . Land Use Bank Size Pkg Rate[2] 8.9 KSF 3.3 /KSF Gross Spaces 30 Spaces Shared 20 Visitor Sp,. 10 Emp. Spc. Time of Day % Of Peak [31 # Of % Of Spaces Peak [31 # Of Spaces Parking Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 50% 10 60% 6 16 9:00 AM 90% 18 100% 10 28 10:00 AM 100% 20 100% 10 30 11:00 AM 50% 10 100% 10 20 12:00 PM 50% 10 100% 10 20 1:00 PM 50% 10 100% 10 20 2:00 PM. 70% 14 100% 10 24 3:00 PM . - 50% 10 100% 10 20 4:00 PM 80% 16 100% 10 26 5:00 PM 100% 20 100% 10 30 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 - 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% - 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peal: demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the -Shared'Parking"manual: �t�°ey411]� 9]l���I�il�ry7i- Appendix Table A-12 BANK WEEKEND SHARED PARKING DEMAND ANALYSIS [1] DIAMOND STAR OFFICE BUILDING PROJECT, DIAMOND BAR Month. Land Use Bank Size Plig Rate[2] 8.9 ICSF 3.3 /KSF Gross 30 Spaces Spaces 20 Visitor Spc. 10 Emp. Spc. Sbared Parking Demand 0 Time of Day 6:00 AM % Of # Of % Of # Of Peak [31 Spaces Peak 131 Spaces 0%Y 0 0% 0 7:00 AM 0% 0 0% 0 0 8:00 AM 25% 5 90% 9 14 9:00 AM 40% 8 100% 10 18 10:00 AM 75% 15 100% 10 25 11:00 AM 100% 20 100% 10 30 12:00 PM 90% 18 100% 10 28 1:00 PM 0% 0 0% 0 0' 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% ' 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 1 11:00 PM 0% 0 0% 0 0 L 12:00 AM 0% 0 0% 0 0 co 00 cn I CD C$ 6 n 0 - rl �00 000 Z off, v I -es _3. 0 :< z > CD CL O O L IuOwqOL7uv �� �� 'y'�KiJ'{�i(t��. � ..f• 1. R. 1 �,, `i • � �. �s 'i L �i„'9N lfr • • t ,��5{ri A ' bb i.�i tf i. J� ' f1 Sc �t h'.: Si 1 ��y��l� '�` �:i t y 14 � �:t �. • 7�1 :11. • �s > 1 IN SH d 1 Shu -t � �'��i��•.L�� �ii' � 7 "�YL; :�I `'�'K' i iif4 kC �i�,.' • .„„r � �+i f� • rttt r. F F �`t�Gt�F � �f� i.Y3 a P � �tf34 {� F'A �� 1� � � © � ;4l . w � {yi�y.�t'.�ff �, dl £'7 }P t � a"2' inc.+ � �,. 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La .i o w PD. 3yt rD w (D I 1i 1 { Pp) ". .,, Ln m m z O l7 m N -0 0 (D r) rt rD 0 0 rr0 r+ (D -------------------- BREA CANYON CHANNEL /__________ PEtq '-----------"". _Tr _ __-_"--_"' X533 _ � ;�e ,- _—•�,. —_ __--_�____�-3e' n .ar ((RENOVATED) i '�� % ,.�' / / �% ' vzici,vn• DAY SPA MARKETI DOD COIIRt- (El ARE AO % ;;: '.\ -- •. �' aaomml �•r � (E)R AIL _ 1r a•.�ru y; .. f00D nvu:c G./ /::4 /� /�: { .� d ..,4._a�=sive.. •�� �4 -5 PROFE65OFP �/ ®� l r But NG I It Ka ' ' NOTA PART \ � _ x-- RLDG17. DIAMOND BAR BOULEVARD 'Man - .oauo If l ( ..l MAX. PEAK PARKING Al '. .. IPmTB4FFlc owACT Prw.rsGF�aRr1 FIXTURE UNIT SUMMARY •INJNEw LEGAL DESCRIPTION.'' (EXCEPT AAA DFFIDE,BunDlNGlsaBUILDING ts) ZONING INFORMATION eu,n ME. SQEPF) FEMME) 1, •(Q D*mG PARCELS 2'T161000H 15 NCUJWVE OF PARCEL" t*.t0122. WATEACLOSETS LAVATTMES LOtE'F1'(RE5T4LGIE0 BUSPlE552NrQ, RETAIL• •PAflCEttltc LA THE CRY OF DMICIO BM, AS PER MAP FEED W 0009247. ADAJ51FiE ARE PAGES21IM31MUSNEOFPARCELIMPS• WTIEOFFICEOF W-LPIEREfAILIt�FAtiHWfS. 3] ]5 REOLPRED BASS) ON TTECq,AEcwDs OFSA1000IINLY. MEDMAL(PROFESSIONM.OFFICEBULLDM 12 12 'SEIHACNS: OFFGE; M,614 SIF -iMiFEYJ SRE DEVGN. 'etaDm 17 3 3 FRGN7. 2O OAYSPA . 'OWNER. .0I''FIDEIRESTAIwANr 4 , 4 •'.; BAR. -w 'OWNER ?. MA OFFICE' 20,000 SF 50(©114 _ 959s WUN�uP to., k. TmPLFIXRRiELRJRS .. 58 54 RE)GH1:'2 STORY FFA WLW . 7'190 SF 001@v1 4r4 Mxk ® 3Beven7tRb.G 94212 9WC WA MEDICAL OFFICE 91WSF 196(@1111.. 1q R NORTH COUNTRY HILLS 'TOWNE CENTER P�RO�ECT RESTROF4W7PAlOR�ONNiFA,OTPLPIG SCALE. '-SV SITE PLAN - DIAMOND BAR, .CALSFORNIA �LPAMEDAT15PACEI—SROUR)OCIR "" o zs 5B .T9U MBER. 03118 20 SCHEME G COUNTRY HILLS Q.B., L.L.C. NU PICA PROJECT � . . r. DATE: 120CTOBER 2005' - - - 9595 WILSHIRE BLVD. SUITE 214 BEVERLY HILLS, CA, 90212 '3102472720 a� h-Z5r _ r / -C / ., t i � ;ry/ —�/� 14 �--,...—� T�--��- �''T—� �l•''f � j�v'in ' / •\ ��•'� �j 'S � � .v_.� `�-� �r�.l1l�J�, Fh'l.._f� LSJrt „i 7 i _,-4 I t; J�-`.-.. _,,,,_,' S,.j..�,�� r= �..,•r---- - ..."'..'__ a �"1 i t t f r I 1� .. I `I d R 64 o r ^� MPH �t i � t✓ / y � ...1 n � I --��) I !q�LP"Ll'a °'a`M ��' tL t�' Ik bro i c II��L �}a ,t r -..-� vhidhhvy 'P•. Y _ �,.,jm��'��J - _— , �'L° �r 7 i STi Ij-� % L'_B I^�j I rg. `a, �y�rs.'. -rt '.f:i •x'Ud �.r`' A L.,. r �'`. �.-- +t+S-r. JJ -_ ' Lr \;`�' .-a --�-'dam {-. r i �.•_:� cr a= ^ ��r� ' !I 4d '' t I, ty i �: `; �- .. .I a• 1 w I r • '� �.7 w �I �L �,� 1 i' r-4 j-t. �' 4 (i,_i!'- _I � `t' �- 1 :1_x1'1-II T •�+ � I,(` � � � � .d�9 � .� � -" �,. � ��:. �= t• � �• ef7 ����' •�,1 � � � �_ :'= h. t ice. J �' _ „v.'_.�.�.- , -_'+—"� :71 JK COUNTRY HILLS TOWNIE CENTER ' .rmnm . NOR1H . :SCALE: p<50-0•GRADING PLAN DIAMONDBAR;. CALIFORNIA: gI SIT r JOU COUNTRY HILLS D.B. L.L.C.' PICA PROJECT NUMBER: 03.11 SA D DATE 12 OCTOBER 2005 9595 VALSHIRE BLVD. SURE 214 • .BEVERLY HILLS, CA 90212 310.297.2720 EAST ELEVATION EXISTING SCALE V32' =fro WEST ELEVATION SCALE1132!=1'-0' 12 --- .. .. .. _ � .- .. a ... �'•5d - A EAST ELEVATION scae,ld2•®ria 1 r �------ -�- ._-,.,--���-T�`�-•ice— : - - ----- -- � PARTIAL EAST ELEVATION A - - ml c --I- ---------- - - - -- -- - - --- --- B - - -- - -i ' PARTIAL EAST ELEVATION B 'Y 7 Y' YJ- J JI^4tF' L Di,'+�.:}��+. R-^�•5n ... f FK�v Ail aNORTH ELEVATION SOUTH ELEVATION .: REAR ENTRY AT WE:. COUNTRY HILLS TOWNS CENTER IN-LINE RETAIL/ DIAMOND; BAR; CALIFORNIA' SCALE: a,<0 U.N.D) RESTAURANTS": g ' ELEVATIONS .COUNTRY HILLS D.B., L.L.C. P/CA PROJECT NUMBEFl 03,116.40 9595 \MLSHIRE BLVD. SURE 214. ' DATE 12 OCTOBER 2005 BEVERLY HILLS, CA 9021E :.310.247.2720 Attachment 9 n loAS Mill OF DIAIVIOND,�,:BAR INITIAL STUDY/ ENVIRONMENTAL CHECKLIST , � t OR CITY. OF DIAMOND BAR- 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030. 1. Project title: Diamond, Star Office Building 2. Lead agency name and address: City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 3. Contact person and phone number: Grace S. Lee, Senior Planner, 909-839-7081 4. Project location: 2705 S. Diamond Bar Blvd., Diamond Bar, CA 91765 5. Project sponsor's name and address: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748 6. General Plan Designation: General Commercial 7. Zoning: Community Commercial (C-2) 8'.Description of project: (Describe the whole action involved; including but not limited to later I of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary) The project site is within Diamond Hills Plaza, a 17.2 -acre existing shopping center located at Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road. The shopping center, consists . of retail, restaurants, fast-food take-out, professional offices, and an AAA office building (under separate ownership from the remainder of the center), totaling 179,437 square feet of floor space. In 2008, the first phase of a major renovation was completed at. Diamond Hills Plaza. The planned build -out of the renovation included an exterior facade remodel for the former theatre building and removal of two buildings at the southerly end of the center (a freestanding daycare center and a multi -tenant shop building) to facilitate the construction of a three story medical office building. A two story retail/office building was also approved on the vacant pad at the north end of the shopping center where the current three story office building is being proposed. Among the original entitlements, a variance to increase the building ,heights of both existing and proposed buildings was approved. In 2009, the medical office and two story retail/office building projects were terminated, and the Commission approved plans to renovate the existing two buildings instead. In addition, the Commission approved the demolition of the theatre building and the construction of a new inline shop building in its place. A Mitigated Negative Declaration was adopted for the project described above and incorporated a two story retail/office building on the subject property on December 6, 2005. Impacts that were analyzed in the Mitigated .Negative. Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. , The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even .though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to, the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the project changes including, among other things, the proposal to replace the previously approved 12,400 square feet two story retail/office building. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed three story office building would have a less than significant effect on the environment. The proposed change of this property from a two story retail/office building to a three story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. The applicant is requesting approval to construct a 36,142 square -foot, new three-story professional office building on a 41,110 square -foot (0.94 acre), Community Commercial (C-2) zoned parcel with an underlying General Plan land use designation of General Commercial. A Tentative Tract Map is requested to subdivide air space for a 34 -unit office condominium, a Variance is requested to increase the building height from 35 feet to 39 feet, a Parking Permit is requested to share access and parking with Diamond Hills Plaza (the existing shopping center), and a Comprehensive Sign Program is requested for the signage on the building. 9. Surrounding land uses and setting: (Briefly describe the project's surroundings) North: Single -Family Residential in RLM (Low/Medium Density Residential) zone. South: Two -Story, Commercial Building in OP (Office Professional) zone. West: Single -Family Residential in RLM (Low/Medium Density Residential) zone. East: Commercial Shopping Center in C-2 (General Commercial) zone. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality . Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials HydrologyMater Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Trans portation/Traffic Utilities/Service Systems. F Mandatory Findings.of Significance Page 2 DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: Signature. Date: 12/22/2010 Printed . Grace S. Lee, Senior PlannerFor: City of Diamond Bar Name: EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No- Impact". answers,that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly Page 3 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE X DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature. Date: 12/22/2010 Printed . Grace S. Lee, Senior PlannerFor: City of Diamond Bar Name: EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No- Impact". answers,that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly Page 3 explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: - a.) Earlier Analysis Used. Identify and state where they are available for review. b.) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c.) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project, 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, including a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. Page 4 AIICQTIAAI. I. AESTHETICS. Would the project. - a) roject:a Have a substantial adverse effect on a scenic vista? X Impact Discussion: There is no scenic vista around the subject property. The project site is located within an existing commercial shopping center and surrounding area is located in an urbanized area. b) Substantially damage scenic resources, including, but not Potentially limited to, trees, rock outcroppings, and historic buildings within Potentially Significant Less than No a state scenic highway? Significant Unless Significan Impact Impact Mitigation t Impact ISSUES . Incorporated I. AESTHETICS. Would the project. - a) roject:a Have a substantial adverse effect on a scenic vista? X Impact Discussion: There is no scenic vista around the subject property. The project site is located within an existing commercial shopping center and surrounding area is located in an urbanized area. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within X a state scenic highway? Impact Discussion: No officially designated State scenic routes or highways occur near the project site. c) Substantially degrade the existing visual character or quality of X the site and its surroundings? Impact Discussion: The project site is located within an existing commercial shopping center and surrounding area is urbanized and contains existing single-family and multi -family residences. The project proposes to construct a three-story professional office building on an existing vacant pad. The project proposes to improve the site by constructing a commercial building that will be compatible to the existing renovated buildings in the shopping center. As such, the proposed project will not degrade the existing visual character or quality of the site and its surrounding and will in fact improve them. d) Create a new source of substanti%1hgt or glare which would X adversely affectday or nighttimews in the area? Impact Discussion: The project site and its surrounding are currently urbanized and contain various forms of on- and off-site lighting. As part of the proposed project, lighting will be included around the building and interior of the building. To reduce the impact on adjacent properties, any new exterior lighting will be directed away or shielded from adjacent properties pursuant to the development code and as part of the plan check review and construction process. With compliance with the development code, any significant impact of light and glare will be reduced to a level of insignificance. II. AGRICULTURE RE5UUKGCS. in aeiermining wnetnui injycacis w ayncunuiai 1cauui%.vo aic significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique. Farmland, or Farmland of Potentially land (as defined in Public Resources Code Section 12220(g)), Potentially Significant Less than No timberland (as defined by Public Resources Code Section Significant Unless Significan Impact prepared pursuant to the Farmland Mapping and Monitoring Impact Mitigation t Impact ISSUES Incorporated II. AGRICULTURE RE5UUKGCS. in aeiermining wnetnui injycacis w ayncunuiai 1cauui%.vo aic significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Impact Discussion: The project site is urbanized and is not designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Project implementation would not result in the conversion of farmland to non-agricultural use. Therefore the proposed project would have no impacts to farmlands. b) Conflict with existing zoning for agricultural use, ora ` X Williamson Act contract? Impact Discussion: Implementation of the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Therefore no impacts would result from the construction or operation of the proposed project. c) Conflict with existing zoning for, or cause rezoning of, forest a) Convert Prime Farmland, Unique. Farmland, or Farmland of land (as defined in Public Resources Code Section 12220(g)), Statewide Importance (Farmland), as shown on the maps timberland (as defined by Public Resources Code Section X X prepared pursuant to the Farmland Mapping and Monitoring by Government Code Section 51104(g))?__ Program of the California Resources Agency, to non-agricultural use? Impact Discussion: The project site is urbanized and is not designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Project implementation would not result in the conversion of farmland to non-agricultural use. Therefore the proposed project would have no impacts to farmlands. b) Conflict with existing zoning for agricultural use, ora ` X Williamson Act contract? Impact Discussion: Implementation of the proposed project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. Therefore no impacts would result from the construction or operation of the proposed project. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section X 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))?__ Impact Discussion: The project site is urbanized and there are no forestland, timberland or timberland zoned Timberland Production uses that are occurring on-site or in the immediate vicinity. Thus,the proposed project does not involve changes in the existing environment that could conflict with existing zoning or cause of rezoning of forestland; timberland, or timberland zoned Timberland Production. d) Result in the loss of forest land or conversion of forest land to X non -forest use? e) Involve other changes in the existing environment which, due Potentially X to their location or nature, could result in conversion of Potentially Significant Less than X Farmland, to non-agricultural use? Significant Unless Significan Impact Impact .Discussion: The project site is urbanized and there are no farmland uses that are occurring on- site or in the immediate vicinity. Thus, the proposed project does not involve changes in the existing environment that could result in conversion of Farmland to non-agricultural uses. Ill. AIR QUALITY. Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project, a) Conflict with or obstruct implementation of the applicable air Potentially X quality Ian? Potentially Significant Less than No b) Violate any air quality standard or contribute substantially to an Significant Unless Significan Impact ISSUES Impact Mitigation t Impact . Incorporated Ill. AIR QUALITY. Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project, a) Conflict with or obstruct implementation of the applicable air X quality Ian? b) Violate any air quality standard or contribute substantially to an X existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard X (including releasing emissions which exceed quantitative thresholds forozone precursors)? d) Expose sensitive receptors to substantial pollutant X concentrations? Impact Discussion for a=d: The issues identified in Ill a -d above were studies within the scope of the Mitigated Negative Declaration prepared for the previous project and. adequately addressed by the following mitigation measures, which the project will be conditioned -to include: Standard Condition 3.3.1: The following measures should be implemented during demolition and construction activities, consistent with South Coast Air. Quality Management District Rule 403 in order to reduce PM10 and PM 2.5 emissions: • Water exposed surfaces frequently (as necessary) to prevent fugitive dust; • Cover all stockpile of soil/fill with tarps; and Cover loads of soil/fill on trucks hauling dirt. Mitigation. Measure 3.3-1: The following measures . should be implemented to reduce' equipment emissions and limit exposure to diesel particulate emissions: e) Create objectionable odors affecting a substantial number of X people Impact Discussion: The proposed project will be a three-story professional office building. No restaurant spaces are proposed. The proposed project is therefore not expected to generate objectionable odors affecting a substantial number of people. Construction activity associated with the proposed project may generate detectable odors from heavy-duty equipment exhaust. However this impact would be short-term in nature and cease upon project completion. Implementation of the mitigation measures would further reduce impacts related to diesel odors. IV. BIOLOGICAL RESOURctS. wouia me projecr. a) Have a substantial adverse effect, either directly or through c) Have a substantial adverse effect on federally protected Potentially habitat modifications, on any species identified as a candidate, Potentially Significant Less than No sensitive, or special status species in local or regional plans, Significant Unless Significan Impact policies, or regulations, or by the California Department of Fish Impact t Impact X . ISSUES Incoigation ted IV. BIOLOGICAL RESOURctS. wouia me projecr. a) Have a substantial adverse effect, either directly or through c) Have a substantial adverse effect on federally protected habitat modifications, on any species identified as a candidate, wetlands as defined by Section 404 of the Clean Water Act X sensitive, or special status species in local or regional plans, X policies, or regulations, or by the California Department of Fish X . and Game or U.S. Fish and Wildlife Service? through direct removal, filling, hydrological interruption, or Impact Discussion: The project site is predominately urbanized and built out. The site is currently a vacant pad. There is minimal amount of landscaping within the area, and no species that are candidate, sensitive or special status species are known to exist in the local vicinity due to the urbanized conditions. The proposed project would not result in significant adverse impact to Federal or State listed or other designated species. b) Have a substantial adverse effect on any riparian habitat or c) Have a substantial adverse effect on federally protected other sensitive natural community identified in local or regional wetlands as defined by Section 404 of the Clean Water Act X plans; policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X . Impact Discussion: As previously stated, the project site is predominately urbanized and built -out. No riparian habitat or sensitive natural communities exist on-site. According to the Resource Management Element of the City's General Plan, the project site is not identified as having environmental resources. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) X . through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native Potentially' X resident or migratory fish or wildlife species or with established Potentially. Significant Less than No native resident or migratory wildlife corridors, or impede the Significant ` Unless Significan Impact ISSUES Impact Mitigation t Impact c) Directly or indirectly destroy a unique paleontological resource ` Incorporated X d) Interfere substantially with the movement of any native Potentially X resident or migratory fish or wildlife species or with established Potentially Significant ` X X native resident or migratory wildlife corridors, or impede the Signficant . Unless Significan Impact use of native wildlife nursery sites? Impact Mitigation t Impact Impact Discussion: No migratory wildlife corridors or native wildlife nurseries exist in the project area. Therefore implementation of the proposed project would not result in any impacts in this regard. e) Conflict with any local policies or ordinances protecting Potentially X biological resources, such as a tree preservation policy or Potentially Significant ` X X ordinance? Signficant . Unless Significan Impact Impact Discussion: The project site is a vacant pad and does not include protected habitat.. The proposed project does not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance. There are no existing protected treesregulated by the City's municipal code. However, there are six 30 to 45 -foot tall existing trees on the northerly edge of the property along .Fountain Springs Road that are conditioned to be protected in.place during and after construction. f) Conflict with the provisions of an adopted Habitat Conservation' Potentially X Plan, Natural Community Conservation Plan, or other Potentially Significant ` Less than X approved local, regional, or state habitat conservation Ian? Signficant . Unless Significan Impact Impact Discussion: There are no adopted Habitat Conservation Plan, Natural Community Conservation Plans or other approved local, regional, or state habitat conservation plans applicable to the project area. Therefore the proposed` project would not result in impacts in this regard. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a Potentially X historical resource as defined in Section 15064.5? Potentially Significant ` Less than No b) .Cause a substantial adverse change in the significance of an Signficant . Unless Significan Impact ISSUES Impact Mitigation t Impact c) Directly or indirectly destroy a unique paleontological resource ` Incorporated X V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a X historical resource as defined in Section 15064.5? b) .Cause a substantial adverse change in the significance of an X archaeological resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource ` X or site or unique geologic feature? Impact Discussion: ° The project site is currently a `vacantpad, :which has already been. graded so impacts to archaeological resources are. unlikely. The proposed project may have,a significant adverse. impact if :it would cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. This section of the CEQA Guidelines defines a historical., resource as one listed in. or eligible for listing in the California Register of.,Historical Places (per state law),. included in a local register of historical. resources (as deflned.by state law) or identified as significant in an historical resource survey (meeting the requirements of state law) or determined by the lead agency (City of Diamond Bar) to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, provided the determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be "historically significant if the resource meets the criteria for listing on the California Register of Historical Places. In this case, the existing site is not listed in.nor eligible for listing in the California Register of Historical Places, not listed in a local registrar of historical resources or identified as significant in an historical resource survey, nor has it been determined to be historically significant by the City because it does not meet the criteria for listing on the California Register of Historical Places. Therefore, it does not meet the definition of a historical resource contained in Section 15064.5 of the CEQA Guidelines and is therefore less than significant impact. d) Disturb any human remains, including those interred outside of i) Rupture of a known earthquake fault, as delineated on the Potentially X formal cemeteries? Potentially ` Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact ISSUES Mines and Geology Special Publication 42. Incoigation ted d) Disturb any human remains, including those interred outside of i) Rupture of a known earthquake fault, as delineated on the Potentially X formal cemeteries? Potentially Significant Less than No Impact Discussion: No known human remains occur on-site and due to the level of past disturbance, it is not anticipated that human remains exist within the project site. The issues identified in V a -d above were studied within the scope of the Mitigated Negative Declaration prepared for the previous project and adequately addressed by the following mitigation measures, which the project will be conditioned to include: MM 3.5-1: If during grading archaeological resources are encountered, construction activities in the area of the find must. be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. MM 3.5-2: If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be rnotified within 24 hours of the discovery, in accordance with PRC 5097.94. If the, corner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. VI GEOLOGY AND 50IL5. woula the project: a) Expose people or structures to potential substantial adverse affects, including the risk of loss, injury, or death involving* i) Rupture of a known earthquake fault, as delineated on the Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Mines and Geology Special Publication 42. Incorporated VI GEOLOGY AND 50IL5. woula the project: a) Expose people or structures to potential substantial adverse affects, including the risk of loss, injury, or death involving* i) Rupture of a known earthquake fault, as delineated on the most recent. Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. a known earthquake fault would not occur within the project area. Adherence to standard engineering practices and design criteria relative to seismic and geologic hazards in accordance with the Uniform Building Code (UB) is required. ii) Strong seismic ground shaking? X Impact Discussion: Southern California has numerous active and potentially active faults that could produce strong 'ground shaking that could impact the project site. The City of Diamond Bar is in proximity to the San Andreas and Sierra Madre Fault zone. The California Building Code requires structural design and construction methods that minimize the effects of strong seismic ground shaking. The California Building Code requirements would be applied to the proposed project .as standard conditions of project approval. iii) Seismic -related ground failure, including liquefaction? X Impact Discussion: The project area is located within a portion of the City that is not subject to liquefaction. Therefore project implementation is not anticipated to result in the exposure of people or structures to potential impacts related to seismic ground failure or liquefaction. iv Landslides? X Impact Discussion: The project site is a flat pad surrounded by previously stabilized, level terrain. Project implementation would not expose people or structures to landslides, therefore no impact would occur in this regard. b . Result insubstantial soil erosion or the loss of topsoil? X Impact Discussion: The project site is a flat.pad and has already been graded. Project implementation would not result in substantial soil erosion or loss of topsoil, therefore no impact would occur in this regard. c) Be located on a geologic unit or soil that is unstable, or that Potentially would become unstable as a result of the project, and X Potentially Significant Less than No .subsidence, liquefaction or collapse? Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incorporated ii) Strong seismic ground shaking? X Impact Discussion: Southern California has numerous active and potentially active faults that could produce strong 'ground shaking that could impact the project site. The City of Diamond Bar is in proximity to the San Andreas and Sierra Madre Fault zone. The California Building Code requires structural design and construction methods that minimize the effects of strong seismic ground shaking. The California Building Code requirements would be applied to the proposed project .as standard conditions of project approval. iii) Seismic -related ground failure, including liquefaction? X Impact Discussion: The project area is located within a portion of the City that is not subject to liquefaction. Therefore project implementation is not anticipated to result in the exposure of people or structures to potential impacts related to seismic ground failure or liquefaction. iv Landslides? X Impact Discussion: The project site is a flat pad surrounded by previously stabilized, level terrain. Project implementation would not expose people or structures to landslides, therefore no impact would occur in this regard. b . Result insubstantial soil erosion or the loss of topsoil? X Impact Discussion: The project site is a flat.pad and has already been graded. Project implementation would not result in substantial soil erosion or loss of topsoil, therefore no impact would occur in this regard. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X X potentially result in on- or off-site landslide, lateral spreading, .subsidence, liquefaction or collapse? Impact Discussion: The project site has not been identified as a geologic unit that is unstable, and would not become unstable as a result of project implementation. Impact Discussion: The project site is not located on expansive soil and already been graded. Soils under the. project site were previously mitigated to the extent necessary, to grade the site and it is assumed that any danger posed by. expansive soils was addressed in the initial grading. Therefore, imnon+e frnm ovnnncivA mile \unl lld hp iP.CS thgn-,innifirnnf d) Be located on expansive soil, as defined in Table 1804.2 of the California Building Code (2007), creating substantial risks to. X -.life or property? Impact Discussion: The project site is not located on expansive soil and already been graded. Soils under the. project site were previously mitigated to the extent necessary, to grade the site and it is assumed that any danger posed by. expansive soils was addressed in the initial grading. Therefore, imnon+e frnm ovnnncivA mile \unl lld hp iP.CS thgn-,innifirnnf d) Be located on expansive soil, as defined in Table 1804.2 of the California Building Code (2007), creating substantial risks to. e) Have soils incapable of adequately supporting the use of Potentially septic tanks of alternative waste water disposal systems Potentially Significant Less than X where sewers are not available for the disposal of waste Significant Unless Significan Impact water? Impact Mitigation t Impact Impact Discussion: The project site is not located on unstable soil. The project would be served by the public sewer system, thus there is no impact on soils inadequately capable of supporting the use of septic tanks or alternative waste water disposal systems. VII. GREENHOUSE GAS EMISSION. Would the project: a) Generate greenhouse gas emissions, either directly or Potentially indirectly, that may have a significant impact on the Potentially Significant Less than No environment? Significant Unless Significan Impact ISSUES. Impact Mitigation t Impact Incorporated VII. GREENHOUSE GAS EMISSION. Would the project: a) Generate greenhouse gas emissions, either directly or Potentially indirectly, that may have a significant impact on the Potentially Significant X' X environment? Significant Unless Significan Impact Impact Discussion: At the time the originally approved two-story retail/office building was analyzed in 2005, there was no requirement under CEQA for the consideration of a project's direct or indirect greenhouse gas emission. Nevertheless, the currently proposed project would be expected to generate less greenhouse gases than the original project by virtue of its much smaller scale since the three-story medical office building is. no longer being constructed. b) Conflict with an applicable plan, policy, or regulation adopted Potentially for the purpose of reducing the emissions of greenhouse Potentially Significant Less than X gases? Significant Unless Significan Impact Impact Discussion: At the time the originally approved two-story retail/office building was analyzed in 2005, there was no requirement under CEQA for the consideration of a project's direct or indirect greenhouse gas emission. Thus the project was not subject to any applicable plan, policy, or regulation adopted for the purpose of reducing greenhouse.gas emissions. VIII. HAZARDS AND HAZARDOUS MATERIALS.. Would the project.- Impact roject: a) Create a significant hazard to the public or the environment Potentially through the routine transport, use, or disposal of hazardous Potentially Significant Less than No materials? Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incor orated VIII. HAZARDS AND HAZARDOUS MATERIALS.. Would the project.- Impact roject: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous X materials? Impact Discussion: The proposed project would not create a significant hazard to the public or the environment from the routine transport, use, or disposal of hazardous materials. Small amounts of hazardous materials may be found in solvents and chemicals used for cleaning, building maintenance, and landscaping. The. materials would be similar to those.found in common household projects or pesticides.. Hazardous materials used in construction and operation of the proposed project would be subject to City, State, and Federal regulations, reducing impacts to 'a less `than significant level. Page 12 b) Create a significant hazard to the public or the environment Potentially through reasonable foreseeable upset and accident conditions Potentially Significant Less than No involving the release of hazardous materials into the Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions X X involving the release of hazardous materials into the environment? Impact Discussion: The proposed uses are not anticipated to result in the creation of health hazards following compliance with health and safety regulations. The proposed uses would not use, generate or dispose of hazardous materials in large quantities. As stated above, hazardous materials used in construction and operation of the proposed project would be subject to City, State, and Federal regulations, reducing impacts to a less than significant level. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter X mile of an existing or proposed school? Impact Discussion: The proposed project would not involve the transport, use, handling, or disposal of notablequantities of hazardous materials, aside from normal household chemicals and landscaping applications. Therefore, the proposed. project would not pose a health risk to nearby schools, and no significant impacts to schools would result from the construction and operation of the proposed project. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code X Section 65962.5 and, as a result, would it create -a significant hazard to the public or the environment? Impact Discussion: The project area is currently urbanized. The existing uses do not use, handle, or store hazardous materials. Development of the proposed project would not create a significant hazard to the public or to the environment. Therefore no impacts would occur in this regard. e) For a project located within an airport land use plan, or where sueh'a plan has not been adopted, within two miles of a public.. 'a X airport or public use airport; would the project result in safety hazard for people residing or working in the project area? Impact Discussion: The project site is not located within an airport land use plan or within two miles of an airport. The nearest airport is Ontario International Airport,.which is approximately 15 miles east of the project site. No impacts would occur in this regard. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working X in the project area? - Potentially adopted emergency response plan or. emergency evacuation Potentially Significant Less than No Ian? Significant Unless Significan Impact ISSUES Impact Mitigation t Impact existing nearby wells would drop to a level which would not Incorporated g) Impair implementation of or physically interfere with an adopted emergency response plan or. emergency evacuation X Ian? Impact Discussion: Emergency vehicles would continue to have access to project related and surrounding roadways upon completion of the proposed project. The proposed project would not impact access to emergency response. In addition, the proposed project would not .place temporary or permanent barriers on existing roadways or reconfigure existing roadways. Therefore, no impacts would result from the construction and operation of the proposed project. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are X adjacent to urbanized areas or where, residences are intermixed with wildlands? X Impact Discussion: The project site and surrounding areas are predominantly built out and no wildlands occur within or adjacent to the project site. Future development as a result of project implementation would introduce ornamental landscaping, which is not anticipated to create hazardous fire conditions. Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated IX. HYDROLOGY AND WATER QUALITY. Would the project., a) Violate any water quality standards or waste discharge X requirements? Impact Discussion: The proposed project will not be allowed to violate any water quality standards or waste discharge requirements. The State Water Resource Control Board (SWRCB) has adopted a National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity. Compliance with Statewide NPDES General Permit for Strom Water Discharges associated with construction activity which would prevent storm water pollution from impacting waters of the U.S. in the vicinity of the project area, will be required. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- X existing nearby wells would drop to a level which would not Support existing land uses or planned uses for which permits have been granted)? Impact Discussion: There are no streams or rivers nearby. The site presently consists of 100% impervious surfaces. The Engineering Division is requiring that, prior to approval of a grading plan, the applicant shall prepare and submit a drainage study, including supporting hydraulic and hydrological data to the City for review and acceptance. The proposed development will not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial' erosion or siltation on- or off-site. c) Substantially alter the existing drainage pattern of the site or Potentially on a federal Flood Hazard Boundary or Flood Insurance Rate Potentially Significant Less than No ISSUES Significant Unless Significan Impact h) Place within a 100=year flood hazard area structures which Impact Mitigation t Impact runoff in a manner which would result in flooding on- or off- would impede. or redirect flood flows? Incorporated Impact Discussion: There are no streams or rivers nearby. The site presently consists of 100% impervious surfaces. The Engineering Division is requiring that, prior to approval of a grading plan, the applicant shall prepare and submit a drainage study, including supporting hydraulic and hydrological data to the City for review and acceptance. The proposed development will not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial' erosion or siltation on- or off-site. c) Substantially alter the existing drainage pattern of the site or on a federal Flood Hazard Boundary or Flood Insurance Rate area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion X Map or other flood hazard delineation map? X or siltation on- or off-site? h) Place within a 100=year flood hazard area structures which X Impact Discussion: There are no streams or rivers nearby. The site presently consists of 100% impervious surfaces. The Engineering Division is requiring that, prior to approval of a grading plan, the applicant shall prepare and submit a drainage study, including supporting hydraulic and hydrological data to the City for review and acceptance. The proposed development will not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial' erosion or siltation on- or off-site. Impact Discussion: There are no streams or rivers nearby. The proposed development will not substantially alter the existing drainage pattern of the site or area or substantially increase the rate of amount of surface runoff in a manner which would result in flooding on- or off-site. The applicant would be required to implement Best Management Practices (BMPs), Standard Urban Storm Water Mitigation Plan (SUSMP) requirements, and meet all National Pollution Discharge Elimination System (NPDES) requirements of the California Regional Water Quality Board (RWQCB) and the City of Diamond Bar. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems X or provide substantial additional sources of polluted runoff? Impact Discussion: See Response a and c above. f Otherwise substantially degrade water quality? X Impact Discussion: See Response a and d above. g) Place housing within a 100 -year flood hazard. area as mapped d) Substantially alter the existing drainage pattern of the site or on a federal Flood Hazard Boundary or Flood Insurance Rate area, including through the alteration of the course of a stream X Map or other flood hazard delineation map? or river, or substantially increase the rate or amount of surface h) Place within a 100=year flood hazard area structures which X runoff in a manner which would result in flooding on- or off- would impede. or redirect flood flows? site? Impact Discussion: There are no streams or rivers nearby. The proposed development will not substantially alter the existing drainage pattern of the site or area or substantially increase the rate of amount of surface runoff in a manner which would result in flooding on- or off-site. The applicant would be required to implement Best Management Practices (BMPs), Standard Urban Storm Water Mitigation Plan (SUSMP) requirements, and meet all National Pollution Discharge Elimination System (NPDES) requirements of the California Regional Water Quality Board (RWQCB) and the City of Diamond Bar. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems X or provide substantial additional sources of polluted runoff? Impact Discussion: See Response a and c above. f Otherwise substantially degrade water quality? X Impact Discussion: See Response a and d above. g) Place housing within a 100 -year flood hazard. area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate X Map or other flood hazard delineation map? h) Place within a 100=year flood hazard area structures which X would impede. or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the X failure of a levee or dam? Impact Discussion for g -i:. The project site is not located within a flood zone. Additionally, the City of Diamond Bar is not subject to any major flood hazards, or potential inundation due to nearby dam' failures.. Furthermore, the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map designated the entire City as within a Flood Zone "X` Flood Zone "X" is identified as an area of 0.2` Page 15 . ` nt annual ch8Oo� �� ' The pn}»nned project xV0ukj � involve the �� structures p8[��nzen /x�uu. v*` ,--__ - .,', r,~,�,.`,.^ _~__ within a1 FfloOdh8Zan1G[oa. inundation by seiche, tsunami, or mudflow? X ct Discussion: The proposed project site is approximately 40 Ocean miles inland from the Pacificsnd ' there, are no large bodies Ofwater within the ViCiOih/ of the project site that would cause inundation by seiche, tsunami, or mudflow. _Thereforemoimpacts would result from the construction and operation of the proposed project. ' X. LAND USE AND PLANNING. Would the project. a) Phy§lcally divide an established community? X Impact Discussion: The proposed project would not.disrupt or physical , ly divide, an established community. The project site is located within an existing commercial shopping center and subject site is surrounded by commercial and residential uses. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but to Potentially Significant Lessthan No limited to the general plan, specific plan, local coastal Significant Unless Significan Impact program, or zoning ordinance) adopted for the purpose of Impact Mitigation t Impact ISSUES Incorporated inundation by seiche, tsunami, or mudflow? X ct Discussion: The proposed project site is approximately 40 Ocean miles inland from the Pacificsnd ' there, are no large bodies Ofwater within the ViCiOih/ of the project site that would cause inundation by seiche, tsunami, or mudflow. _Thereforemoimpacts would result from the construction and operation of the proposed project. ' X. LAND USE AND PLANNING. Would the project. a) Phy§lcally divide an established community? X Impact Discussion: The proposed project would not.disrupt or physical , ly divide, an established community. The project site is located within an existing commercial shopping center and subject site is surrounded by commercial and residential uses. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but to Potentially - Significant Less than No limited to the general plan, specific plan, local coastal Significant Unless X Impact program, or zoning ordinance) adopted for the purpose of Impact Mitigation t Impact avoiding or mitigating an environmental effect? Inr,.nrnnrqtg ` Impact Discussion: A Variance was approved to �——` i the building height from 35 feet to 40 feet in the p^,="~x approved project. '� g ' proposed building height from 35 feet to 39 feet. After approval of Variance, the developmentOfthe project will be in COOlD|iGDD8with the City's G8me[8| P|8D and the O8Vek]prOeOt LXJU9. |h8[eTOPe iOo8ota to land use will be less than significant. c) Conflict with any applicable habitat conservation plan.or n community conservation. plan? Impact Discussion: The pmpu��u p/u1��'G��{S DO` t`included ' Kin O8'Dy h"8oUnaz nonsen/8tk,]Dn~la,O or natural community oksn Vnd�vCOnG8rvuuu//,_. ' . a) Result in the loss of availability of a known mineral resource. that would be of value to the region and the residents of the X Potentially - Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Inr,.nrnnrqtg a) Result in the loss of availability of a known mineral resource. that would be of value to the region and the residents of the X Impact Discussion: The project site is currently developed and not identified as a site with known mineral resources that would be of value to the region and the residents of the state. Therefore, the proposed project would have no impacts to mineral resources. b) Result in the loss of availability of a locally -important mineral - Potentially resource recovery site delineated on a local general plan, Potentially Signfcant Less than X specific plan or other land use plan? Significant Unless Significan Impact Impact Discussion: The proposed project will not result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, because the site contains no known mineral resources. �vAt 0.\•tel 1V �r.rRrrrsa rrTrTr rSwTaRuwl. r• - a) .Exposure of persons to or generation of noise levels in excess - Potentially of standards established in the local general plan or noise Potentially Signfcant Less than No ordinance, or applicable standards of other agencies? Significant Unless Significan Impact b) Exposure of persons to or generation of excessive Impact Mitigation t Impact ISSUES Incorporated �vAt 0.\•tel 1V �r.rRrrrsa rrTrTr rSwTaRuwl. r• - a) .Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise X ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive X roundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the X project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the X project? Impact Discussion for a -d: There will be a temporary increase in noise levels during construction of the project, but it will not be substantial and must remain within noise limits established by the City. In compliance with the City's noise standards, future construction activities shall be limited between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturdays. Construction activity is prohibited on Sundays and holidays. The issues identified in XII a -d above were studied within the scope of the Mitigated Negative Declaration prepared for the previous project and adequately addressed by the following mitigation measures, which the project will be conditioned to include: SC 3.11-1: The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bar Municipal Code Chapter 8.12. MM 3.11-1: The City shall restrict demolition and construction operations to within the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday. No construction activities shall take place outside of these hours or on the weekends or holidays, unless emergency measures are required. Page 17 . Impact Discussion: Construction of the proposed project would have no impact with regards to airports. The project area is not located within 15 miles of any public airport or within an airport land use plan. Therefore, no impacts would occur. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area X to excessive noise levels? Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incorporated e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people X residing or working in the project area to excessive noise levels? Impact Discussion: Construction of the proposed project would have no impact with regards to airports. The project area is not located within 15 miles of any public airport or within an airport land use plan. Therefore, no impacts would occur. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area X to excessive noise levels? Y11 PnP1 11 OTInM Akin wolf llSINnz Wnuirl tha nmiar:t a) Induce substantial population growth in an area, either directly Potentially (for example, by proposing new homes and businesses) or Potentially Significant Less than No indirectly (for example, through extension of roads or other Significant Unless Significan Impact ISSUES Impact Mitigation t Impact b) Displace substantial numbers of existing housing, Incorporated Y11 PnP1 11 OTInM Akin wolf llSINnz Wnuirl tha nmiar:t a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or X indirectly (for example, through extension of roads or other infrastructure b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c) Displace substantial numbers of people, necessitating the X X construction of re lacement housin elsewhere? X pg Impact Discussion for a -c: The increase: in businesses is not significant in the context of the City as a whole or substantial for the area. The project site is an existing vacant pad. There is no housing and therefore will not displace housing or people as a result of this project. XIX. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: i) Fire protection? X ii) Police protection? X iii) Schools? X iv) . Parks? X v) Other public facilities? X XV. RECREATION. a). Would the project increase the use of existing neighborhood Potentially and regional parks or other recreational facilities such that Potentially Significant Less than No substantial physical deterioration of the facility would occur or Significant Unless Significan Impact ISSUES Impact Mitigation t Impact b) Does the project include recreational facilities or require the Incorporated XV. RECREATION. a). Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? Impact Discussion for a -b: The proposed project would not trigger the new construction or expansion of recreational facilities. Due to the modest size of the proposed office building, there may be some increased use of existing neighborhood recreational facilities by employees of the businesses on site, but it would not be expected to be significant or to significantly increase the physical deterioration of the facilities. Therefore no impacts would occur. XVI. TRANSPORTATION / TRAFFIC. Would the project. a). Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized X travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Impact Discussion: A supplemental focused traffic analysis was prepared for this project. The previous study prepared on July 2005 evaluated the impacts associated with the construction of a 49,100 square - foot medical office building on the southern portion of the site; 9,101 square -foot retail building, renovation of the 23,428 square -foot theatre; and construction of a two-story, 12,408 square -foot restaurant/commercial building. Implementation of the approved project would have resulted in a total floor area of 221,083 square feet. The proposed project, as well as recently approved modifications to the shopping center would result in an overall floor area of 203,056 square -feet, including the 20,000 square -foot AAA office building. This is 18,027 square feet less than the floor area approved by the City in October 2005, and therefore there is less than significant impact to the future traffic conditions within the project vicinity beyond those levelsidentified in the traffic analysis prepared for the previous expansion project. The study found that the proposed project would not result in significant impacts to the Diamond Bar Boulevard/Fountain Springs Road intersection. The AM peak hour and PM peak hour LOS of the Diamond Bar Boulevard/Fountain Springs Road intersection was forecast to operate at LOS C and LOS D, respectively with the addition of traffic generated at the full development including the three story medical office building. LOS D is the minimum level generally considered to be acceptable for urban intersections. The City of Diamond Bar's General Plan calls for LOS D as the minimum acceptable service level at an intersection, while LOS C is the minimum for roadway segments. According to CMP Guidelines, the minimum acceptable service level at CMP intersections is LOS E. A project impact would be considered significant if the LOS changed from D or better to an E or F. Demand for parking created by the proposed project will be provided on-site as well as share the existing parking with the existing shopping center. A reciprocal access and parking agreement with the shopping center is a condition of project approval. b) Conflict with an applicable congestion management program, Potentially including, but not limited to level of service standards and Potentially Significant ' Less than No travel demand measures, or other standards established by Significant Unless Significan Impact ISSUESImpact Mitigation t Impact roads or highways? Incorporated b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and X travel demand measures, or other standards established by X the county congestion management agency for designated roads or highways? Impact Discussion: A supplemental focused traffic analysis was prepared for the project. The` study found that the project would not exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways. The proposed project will not adversely impact the LOS of the Diamond Bar Boulevard/Fountain Springs Road intersection. Similar to the findings of the July 2005 traffic study, this key intersection is forecast to operate at LOS C and LOS D during the AM peak hour and PM peak hours, respectively. As there is not a significant project impact at Diamond Bar Boulevard/Fountain Springs Road intersection, no traffic mitigation measure/improvement is required or recommended, other than those mitigations previously identified in the July 2005 traffic study: c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in X substantial Safety risks? Impact Discussion: The proposed project will not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks because there is no airport nearby. d) Substantially increase hazards due to a design feature (e.g., .sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? Impact Discussion: The proposed project would not create any hazards due to design features or incompatible uses. Access to the project site would be required to comply with all City design standards, which would reduce potential impacts to a less than significant level. e) Result in inadequate emergency access? X Impact Discussion: The proposed project would not significantly impact the adequacy` of existing and : future emergency services. The roadways and driveways are existing and will not be relocated. The proposed project would be constructed according to City of Diamond' Bar and County of Los Angeles requirements for emergency access. Therefore significant impacts.would not result from the construction and operation of the proposed project. .Page 21 f) Result in inadequate parking supply? X Impact Discussion: The proposed project will provide adequate parking'with on-site parking spaces and share the existing parking supply with the shopping center. A reciprocal parking agreement with the shopping center is a condition of project approval. The different uses result in a range of peak business hours.and parking demands. The focused traffic and parking analysis states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. There is a parking surplus of 190 spaces. g) Conflict with adopted policies, plans,. or programs regarding Potentially X public transit, bicycle, or pedestrian facilities, or otherwise Potentially Significant Less than X decrease the performance or safety of such facilities? Significant Unless Significan Impact Impact Discussion: The roadways and driveways are existing and will not be relocated. The proposed. project would be constructed according to City of Diamond Bar and County of Los Angeles requirements. Therefore significant impacts would not result from the construction and operation of the proposed project. XVII. UTILITIES AND SERVICE SYSTEMS. would the project. a) Exceed wastewater treatment requirements of the applicable Potentially X Regional Water Quality Control Board? Potentially Significant Less than No b) Require or result in the construction of new water or Significant Unless Significan Impact ISSUES Impact Mitigation t'Impact facilities, the construction of which could cause significant Incorporated XVII. UTILITIES AND SERVICE SYSTEMS. would the project. a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? Impact Discussion fora -b: The proposed project would not result in significant impacts and would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, and would have a less than significant impact on the need to construct new water or wastewater treatment facilities or expansion of existing facilities. .c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? Impact Discussion: The proposed project would not result in significant impact on the need to construct storm water drainage facilities or expansion of existing facilities. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or. X expanded entitlements needed? Impact Discussion: The proposed project would develop 36,142 square feet of commercial uses and would create an incremental increase in demands for existing and future water supplies. However, neither a Water Supply Assessment nor Water Supply Verification, as required by Senate Bill 610 (Costa) and 221 (Keuhl), are required for the proposed project since the proposed commercial space is well below the 500,000 square feet for commercial. Page 22 e) Result in a determination by the wastewater treatment provider Potentially X which serves or may serve the project that it has adequate Potentially Significant X No capacity to serve the project's projected demand in addition to Significant Unless Significan Impact the provider's existing commitments? Impact Mitigation t Impact X Impact Discussion: The project would not trigger the need for new construction or expansion of existing facilities. f) Be served by a landfill with sufficient permitted capacity to Potentially X accommodate theproject's solid waste disposal needs? Potentially Significant Less than No g) Comply with federal, state, and local statutes and regulations Significant Unless Significan Impact ISSUES Impact Mitigation t Impact X animal community, reduce the number or restrict the range of Incorporated f) Be served by a landfill with sufficient permitted capacity to X accommodate theproject's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations X related to solid waste? X Impact Discussion for f -g: The City of Diamond Bar is served by Valley Vista.The company hauls nonrecyclable solid waste to the Puente Hills Landfill. This facility has enough capacity to accept solid waste until the year 2020, according to the disposal company.. All solid waste materials generated at the project site would be disposed of in accordance with. applicable state, federal, and local statutes and regulations. XVIIL' MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or ` wildlife species, cause a fish or wildlife population to drop X below self-sustaining levels, threaten to eliminate a plant or X animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Impact Discussion: The project site does not contain the habitat of a fish or.,wildlife species and therefore construction of the proposed project would not cause a fish or wildlife population to drop below Self-sustaining levels, threaten to eliminate a plant or animal community, or reduce or restrict the range of a rare or endangered plant or' animal. Likewise, approval of the proposed project isnot anticipated to eliminate examples of major.periods of California history or prehistory. b) Does the project have impacts that are individually limited, but Impact Discussion: The cumulatively considerable impacts of the individually limited project. are not p expected to be significant and are in keeping with the long-range considerations of the 'City's General Plan. As condition with the proposed project, the cumulative impact of the individually limited' project impacts will not be considerable. Page 23 cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are,, X considerable when viewed in connection with the effects of past projects; the effects of other current projects, and the effects of probable future projects)? Impact Discussion: No substantial direct or indirect adverse environmental effects on human beings can be expected from this project due to conditions of project approval and proposed mitigation measures. Grace S. Lee 12/22/2010 Name Date Senior Planner Sign Lure Title SOURCES CITED IN THE EVALUATION OF ENVIRONMENTAL IMPACTS Planniing Case. PL2010-163 c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? Impact Discussion: No substantial direct or indirect adverse environmental effects on human beings can be expected from this project due to conditions of project approval and proposed mitigation measures. Grace S. 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Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On January 7, 2011, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on January 10, 2011, at Diamond Bar, California. Stella Marquez Community Development De -- rtment CD/zste11a\affldavitposting.doc Filer view' d by on -=' and is ready for scanning eCA)03 �b6b$ PFS 9 m ®n ' _ r.'..z Zg ~ o$g Ba ^q ° €5 O t, r ...�) 'DO ._ \\ "all a-^',,, ->p NO f - a o a $=v$`g $ "s� p + I �' �.,Jj/ m 6 R$k€ _ � £gb r U) g 7 a .66&.�� r `� "; it Tri fl��� n m Z E K' 9gg62 se y al k€ $ qJ2 m I I g m rLLLit t L L r�5m 9 gR E�� F$e NEI 11 Im & m o e m log, � I m $ ° 9 m� >It 4w "s� #B90 tau° P iS a § $5 9 F e F`n B $ y N 0 N M ge o c� Z o �7 v i Z X O 0 v v n ,�1 0 D Z v D .. C7 11} CD z x Q� lk ' n{.+r•r"a;et!;,. .'VCyi f -j �[L, 6 q9q 'a u' ylr orf � •_ �S rkL._. f (TI 9 ee �W I @r - �i •O-I 1 } B R D 2 r C PROJEC DESCRIPRON: wiC a va e�ewnnes D Q SSS O S Z pwmvmYmmmWME` udttowu7rca PROPOSED FIRST & SECOND FLOOR ADDITION G v Z AND INTERIOR REMODEL D i o s s zo a PROJECTADDRESS: VAR LP. BVILDING &DESIGN € -'• S k = r' D N m 24201 HIGH KNOB RD. DIAMOND BAR, CA. 91765 • Is O1y OWNER'S NAME KALATHUR & ANURADHA PATTABIRAMAN ""`�'°�°•"'"' «s eve x emu NVW"ISV11Vd VHOVNIlNV 9 unH177VN 3WVN &a3NM0 O 4 °JN N�JISBIOlift9 =04 cavuvimm emvrta azva ciromuan .. S91G6'VO'HVS ONOWVIO'aH SONN HSIH LOZ6Z z l3OOWaU HOIH31NI ONV NOWOOV HOO'Id ON003S'81Silld MSOdOad :NOLLdluosaa marcud =rya. xoumaouumaramalm�alrruni3maoua � �, � � NVWVHISVJ1Vd VHOVHONV'a HHHIVIVN - •'� •" g"` avrm srdrvmo z � NJIS30 '8 'JNIO11rlB - 99a6'VO'HV3 ONOWVIO'OH BONN HOIH L9Z4Z ,o,,,`d,.�.�,,,p„„ F_ a 0 � P w _ mumm�wrnmuonmmar.,.,�u..a O m C :ssanow�aroea m � N 134OW3H HO1H31NI ONV �m:aouu..nw.u,�.uaen,.o.mcu zQ N0I11OOV HOold ON003S 81SHId 03SOdOHd F 6� o mwNrn�.aenu ww s�oc u :Noudrdos9o.n3roua o Ct cm .m z w m K) 1z _T z A O z Gi a a — : P U P P ag Egg glqofa g n @6s a f g $-g" s5sI s� D g a�°�$ r ZOg� 60 ay g3 Z Pat eHIoR a "g FOR E1 g s� $, s`0 g" H Pn. agar f ` Z W z - PROJECTDESCRIPTION: wtE cwTmEs mD PROPNflANYNaDCD11fOENiLLLPUDNM11CP1 PROPOSED. FIRST & SECOND FLOOR ADDITION w z. AND INTERIOR REMODEL J� D' = 3 r ~ PRorecrAODRE55:N(/ VA R LA , z N - BlJll_DING R DESIGN " rn - 24201 HIGH KNOB RD. DIAMOND BAR, CA. 97766 'OWNER'S NAME:, 0 KALATHUR & ANURADHA PATTABIMMA14 .. N eacrovwcwns,o•t .. [auy..w a+•wn+iw _ :: vrm�aEE, O n is t I � 0 m OE Z rmumE a�py -4- 9 g �W5 gQ� as J �r.� J a PRDJECTDESCRIPTION:' nEvisbv. o'ire Ei P wwnnEn •. . PROPlaDARY/h900tRDOfttLLEfFORMA964 PROPOSED FIRST & SECOND FLOOR ADDITION, AND INTERIOR REMODEL a O" ' O PROJECT ADDRESS:'. - VAFR�LA �BUi�& 24201 HIGH KNOB RD. DIAMOND BAR, CA. 91765 OWNERS NAME: KALATHUR & ANURAOHA PATTA61RAMAN :-3oa000 Ig5 Ig q y f 4 � c" 0 000aoo 4 6 � i (g� O 0 i Q �� 4 IN 6 se as Ebg�b,�.aagaaCq n T x -r i= _ r•r r-ir Y•v r -r Ir I -i n' --r=--r- rx Ir-�• - 41 Ii -14 - I4— ' j D _ i O { 14 it -r r i -r x -r _ r.Y v r -Y r rt --�- r•r r-ir Y•v r -r Ir I -i n' --r=--r- rx Ir-�• - 41 Ii -14 - I4— ' j i D � � I I - I Yd�rY�•Y ir-r. I if-i�Cl �P iY•Y �.. 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