HomeMy WebLinkAboutPC 2005-18PLANNING COMMISSION
RESOLUTION NO. 2005-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT
NO. 2005-03 AND DEVELOPMENT REVIEW NO. 2005-16, FOR
THE CONSTRUCTION OF A TARGET STORE APPROXIMATELY
130,000 SQUARE FEET ON APPROXIMATELY 13 ACRES OF LAND
WITHIN THE DIAMOND BAR VILLAGE SPECIFIC PLAN, LOCATED
AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF —APN: 8293-045-006 THROUGH
009.
A. RECITALS
Target Corporation (the Applicant) has filed an application forthe approval of
Conditional Use Permit No. 2005-03 and Development Review No. 2005-13
as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit and Development Review requests shall be
referred to as the "Application."
2. On April 15, 2005, public hearing notices were mailed to approximately 541
property owners within a 700 -foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing for this
project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers.
3. On April 26, 2005, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application and concluded
said hearing on that date.
4. All legal prerequisite prior to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
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. Based upon the substantial evidence presented to the Planning Commission
during the above referenced meeting on April 26, 2005, including written and
oral staff reports, this Commission hereby specifically finds as follows:
(a) The application applies to property generally located at the southeast
corner of Grand Avenue and Diamond Bar, and is presently
undeveloped but rough graded.
(b) North of the property is the existing Diamond Bar Golf Course and
zoned Open Space, south of the property is the future residential
development and existing condominiums, west of the property is the
existing Calvary church, east of the property are a developed
commercial center and an apartment complex.
(c) The site is within the Diamond Bar Village Specific Plan. The
Application with its site plan, building design, landscaping, and
grading are in conformance with the development concept of the
Specific Plan.
(d) The site has provided sufficient parking spaces in excess of City's
minimum requirement to accommodate the proposed use.
(e) The Application conforms to development standards and design
guidelines contained in the Diamond Bar Village Specific Plan.
(f) On June 29, 2004, the City Council approved an Addendum to
the previously certified Final Environmental Impact Reports,
SCH No. 91121027 and No. 96111047 for the related General Plan,
Zone Change, Development Agreement and Diamond Bar Village
Specific Plan. The Specific Plan document included a Conceptual
Site Plan that illustrates the development concept. The proposed
project is a Design Review and it is determined that the project design
is in conformance of the Specific Plan Conceptual Site Plan.
Furthermore, it is determined that no new environmental issues have
been identified and that none of the elements set forth in Public
Resources Code Section 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exists, therefore, no
further environmental review is required.
3. The Planning Commission hereby specifically finds and determined 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 proposed project 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,
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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:
Conditional Use Permit
(a) The proposed
approval of a
applicable pre
Code.
use is allowed within the subject zoning district with
conditional use permit and complies with all other
risions of this development code and the Municipal
The Commercial section of the Diamond Bar Specific Plan is under
the C-3 Zoning District uses. Target is a general retail store, which is
permitted under this zone. Off-site alcohol is also permitted under this
zone.
(b) The proposed use is consistent with the General Plan and the
Diamond Bar Village Specific Plan.
Economic Development is a goal of the General Plan. The proposed
project will implement this goal. The proposed use is consistent with
the Diamond Bar Village Specific Plan.
(c) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
The design of the project and its operational characteristics are
compatible with and compliment the adjacent existing and future land
uses. The proposed project provides diversity of shopping amenities
for the surrounding residents.
(d) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses and the absence of physical
constraints.
The subject site is previously rough graded with a flat pad and is
partially improved with a parking lot. The site is suitable for the
development of the proposed project.
(e) Granting the conditional use permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
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persons, property, or improvements in the vicinity and zoning district
in which the property is located.
Granting this conditional use permit will improve the property and add
value to the City in general.
(f) The proposed project has been reviewed in compliance with the
provisions of the Californian Environmental Quality Act (CEQ).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH No.
91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance of the Specific Plan Conceptual Site Plan. Furthermore,
it is determined that no new environmental issues have been
identified and that none of the elements set forth in Public Resources
Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines (CEQA) exist, therefore, no further
environmental review is required.
Development Review
(g) 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).
A conceptual site plan was approved with the Diamond Bar Village
Specific Plan. The design and layout of the proposed project is
consistent with the previously approved conceptual site plan.
(h) 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 conceptual site plan approved under the Diamond Bar Village
Specific Plan shows a mixed use development consisting of a mix of
commercial, institutional, office and residential uses. The design and
layout of the proposed project will compliment the neighboring uses
and will provide an integrated development that reduces traffic conflict
and encourages pedestrians to walk.
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(i) 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 applicable specific
plan.
The proposed architecture is a contemporary style resembling some
elements of the Diamond Bar Center. The front (south) of the building
is highlighted by a tall tower and a projecting colonnade with strong
vertical columns at the main entry that provide a focal point. The
building walls are articulated with variation of building plane such as
pop -out and recessed walls and trellis work. The building plane is
treated with rich stacked stones materials. The east and west sides of
the building are also treated with the same architectural elements as
in the front but to a lesser degree. Staff believes that the building
design meets the intent of the design guidelines of the Specific Plan.
(j) 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, textures and color
and will remain aesthetically appealing.
The proposed design of the building will provide a desirable
environment for ifs occupants and visiting public. The design will
encourage the public to visit often, shop and enjoy the aesthetically
pleasing environment.
(k) 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.
The proposed project will improve the property and add value and
positive impact to the City.
(1) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH
No. 91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance of the Specific Plan Conceptual Site Plan. Furthermore,
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it is determined that no new environmental issues have been
identified and that none of the elements set forth in Public Resources
Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines (CEQA) exists, therefore, no further
environmental review is required.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
A. General
(1) The project site shall be developed and maintained in
substantial conformance with the approved plans submitted to
and approved by the Planning Commission collectively
attached hereto as Exhibit "A."
(2) 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 applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3) All conditions of approval contained in Development
Agreement No 2004-01 and under Ordinance No. 04 (2004)
shall apply.
(4) 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 the Conditional Use Permit and
Development Review, at the City of Diamond Bar Community
and Development Services Department/Planning Division an
Affidavit of Acceptance stating that they are aware of it and
agree to accept all the conditions of this approval. f=urther, this
approval shall not be effective until the applicant pays all
remaining Planning Division fees.
(5) In accordance with Government Code Section 66474.9(b) (1),
the applicant shall defend, indemnify, and hold harmless the
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City, and its officers, agents and employees, from any claim,
action, or proceeding to attack, set-aside, void or annul, the
approval of Conditional Use Permit No. 2005-03 and
Development Review No. 2005-16 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; and
(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.
(6) 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.
(7) Applicant shall pay development fees (including but not limited
to Planning, Building and Safety, Public Works and
Engineering Divisions 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 a
Building and Safety Division permit. In addition, the applicant
shall pay all remaining prorated City project review and
processing fees prior to the map's recordation as required by
the City.
(8) The project site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or
other applicable regulations.
(9) The approval of CUP 2005-01 and DR2005-13 shall expire if
building permits are not issued or approved use has not
commenced within two years from the date of approval. The
applicant may request for a one year time extension subject to
Planning Commission approval.
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(10) Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be
completed to the satisfaction of the Assistant City Manager.
(11) Approval of this request shall not waive compliance with all
sections of the Development Code, all other applicable City
Ordinances, and applicable Specific Plan in effect at the time
of building permit issuance.
(12) This approval is for the major anchor of the commercial center.
Future building pads (Lots 3 and 4) shall be subject to
separate Development Review process for Planning
Commission approval. The two pads shall be seeded and
surface irrigated for erosion control.
B. Planning
(1) Revised site plans and building elevations incorporating all
conditions of approval shall be submitted for Assistant City
Manager review and approval, prior to issuance of building
permits.
(2) Ail site, grading, landscape and irrigation plans shall be
coordinated for consistency prior to issuance of permits.
(3) A detailed on-site lighting plan, including a photometric
diagram shall be reviewed and approved by the Assistant City
Manager prior to issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of
shielding so as not to adversely affect adjacent properties.
(4) Trash receptacle(s) are required and shall meet City
standards. The final design, locations and the number of trash
receptacles shall be subject to Assistant City Manager review
and approval prior to issuance of building permits.
(5) All ground -mounted utility appurtenances such as a
transformer shall be located out of public view and screened.
(6) A detailed landscape and irrigation plan shall be prepared by a
licensed landscape architect and submitted for Assistant City
Manager review and approval prior to issuance of building
permits.
(7) The signs indicated on the submitted plans are conceptual only
and not part of this approval. A Comprehensive Sign Program
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for this development shall be submitted for Assistant City
Manager review and approval prior to issuance of building
permits.
(8) Provide textured pavement across drive aisle at project entry
off Grand Avenue to enhance and create an entrance
statement.
(9) Textured pavement shall be of materials such as interlocking
concrete pavers, integral color textured concrete, and in a
diamond pattern subject to the review and approval of the
Assistant City Manager.
(10) Provide rich hardscape along the store front of Target.
(11) Submit detailed design for the replacement parking together
with pedestrian connections for Assistant City Manager review
and approval prior to issuance of grading permits.
C. Engineering/Public Works
(1) A tentative and/or parcel map shall be required in accordance
with the Diamond Bar Subdivision Ordinance and the
Subdivision Map Act. The Map shall be submitted prior to
grading plan check.
(2) 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) At the time of the tentative and/or parcel map approval, a title
report/guarantee showing all fee owners, interest holders, and
nature of interest shall be submitted to the Engineering
Division. The title report account shall remain open until the
final map is filed with the County Recorder. An updated title
report/guarantee and subdivision guarantee shall be submitted
ten (10) working days prior to final map approval.
(4) 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 an agreement with the City
and shall post the appropriate security. Cost Estimates for all
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bond amounts shall be provided by the applicant and approved
by the City Engineer.
{5) All site grading, landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the City
Engineer and surety shall be posted and an agreement
executed guaranteeing completion of all public and private
improvements.
(6) Any details or notes which may be inconsistent with
requirement or ordinances, general conditions or approval, or
City policies must 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.
(7) Prior to the issuance of grading permit(s), 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 detailed
site plan, as approved by the City Engineer.
(9) Applicant shall label and delineate on the detailed site plan any
private drives or fire lanes to the satisfaction of the City
Engineer.
(10) Any existing easement for open space, utilities, riding and
hiking trails shall be relocated and/or grading performed, as
necessary, to provide, for the portion within the project site,
practical access for the intended use.
(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 detailed site plan for dedication to
the City.
(12) As built mylars, stamped by appropriate individuals certifying
the plan, shall be provided at no cost to the City for all
improvements.
(13) All improvements for the subject parcel shall be coordinated
with any existing or proposed maps including TTM 62482 to
the south.
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(14) 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 in
accordance with the established fee schedule.
(15) Applicant shall provide digitized information in a format defined
by the City for all related plans, at no cost to the City.
(16) All activities/improvements proposed for this project shall be
wholly contained within site boundaries. 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.
(17) 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.
(18) The project shall be submitted to the Engineering Division for
traffic circulation review and approval. Upon review, any
changes that may be requested, for example, the median at
the entrance along Golden Springs Drive may need to be
moved out of the right-of-way, shall be performed prior to
issuance of the certificate of occupancy.
(19) Protective fencing/barrier shall be installed along the top of
slope of the roadway south of the building to protect pedestrian
access. Additionally, protective fencing shall be installed at the
top of the retaining walls as additional protection for
maintenance along the slopes. Vehicular barriers, such as
bollards, shall be installed to protect vehicles traveling along
the roadway at the top of slope.
(20) Street/Right-of-Way Dedications along Golden Springs Drive
and Grand Ave. shall be approved by the City Engineer priorto
issuance of grading permits.
(21) Retaining wall design and calculations shall be submitted to
the Public Works/Engineering division for review and approval
concurrently with the grading plan check.
Grading
(22) Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
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(23) 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 analysis 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 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; and
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.
(24) Prior to issuance of grading permits, storm drain improvement
plans shall be approved by the City Engineer and/or 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.
(25) Final grading plans shall be designed in compliance with the
recommendations of the final detailed soils and engineering
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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.
(26) A Standard Urban Stormwater Management Plan (SUSMP)
conforming to City Ordinance is required to be incorporated
into the grading plan and approved by the 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.
(27) All slopes in excess of five (5) feet in height shall be seeded
with native grasses or planted with ground cover, shrubs, and
trees for erosion control upon completion of grading or some
other alternative method of erosion control shall be completed
to the satisfaction of the City Engineer and a permanent
irrigation system shall be installed.
(28) 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.
(29) No grading or any staging or any construction shall be
performed prior to the project map approval bythe City Council
and map recordation. All pertinent improvement plans shall be
approved by the City Engineer prior to approval by the City
Council.
(30) Submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of
transport.
(31) Prepare a horizontal control plan and submit concurrently with
the grading plan for review and approval.
Drainage
(32) 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.
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(33) The applicant shall provide drainage facilities to remove any
flood hazard and dedicate and show necessary easements
and/or rights of way to the satisfaction of City Engineer. Storm
drainage facilities shall be constructed within the street right-of-
way or in easements satisfactory to the City Engineer and/or
the LosAngeles County Public Works Department.
(34) 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.
(35) 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. All drainage facilities
shall be designed and constructed as required by the City
Engineer and in accordance with County of Los Angeles
Standards.
(36) Prior to the issuance of a grading permit, a complete hydrology
study and hydraulic calculations shall be prepared by a Civil
Engineer registered in the State of California to the satisfaction
of the City Engineer.
(37) A comprehensive maintenance plan/program shall be
submitted concurrently with the storm drain plans to the Public
Works/Engineering Division for review and approval.
Utilities
(38) 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, Walnut Valley Water District
and Fire Department.
(39) 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 accommodate the total domestic and fire
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flows as may be required by the City Engineer, WVWD and
Fire Department.
(40) The applicant shall provide separate underground utility
services to each parcel per Section 13.04.380 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.
Sewers
(41) 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.
(42) Each lot/parcel must be served by a separate and independent
sewer lateral. Sewer laterals shall be constructed in
accordance with the Los Angeles County Department of Public
Worms Standards.
(43) Applicant shall obtain connection permit(s) from the City and
County Sanitation District prior to issuance of building permits.
The area within the project 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 detailed site plan and offered for dedication.
(44) 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.
Traffic Mitigations
(45) All traffic mitigations shall be implemented and constructed in
accordance with the Development Agreement and Conditions
of project approval for the Diamond Bar Village Specific Plan
prior to issuance of the certificate of occupancy
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FIRE
(46) All required fire hydrants shall be installed and tested and
accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
D. Building and Safet
(1) The applicant shall comply with the adopted 2001 Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing
Code, and the 2001 National Electric Code and all other
applicable construction codes, ordinances and regulations in
effect at the time of issuance of building permits.
(2) This project shall comply with the provision of the 2001
California Building Code regarding Building Restriction on the
south property line to meet the 60 -foot Yard requirement per
section 505.2
(3) Fire Department approval is required.
(4) 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
licensed Architect/Engineer with wet stamp and signature.
(5) This project shall comply with the energy conservation
requirements of the State of California Energy Commission.
(6) This project shall comply with all title 24 accessibility
requirements including accessible parking, path of travel,
elevators, restrooms, drinking fountains, etc.
(7) The project shall be protected by a construction fence and
shall comply with the NPDES and BMP requirements.
(8) Surface water shall drain away from building at a 2 percent
minimum slope.
(9) Specific location of tempered glass as required by code.
(10) Specify 1/4 inch per feet slope for all flat surfaces/decks with
approved water proofing material. Also, provide guardrail
connection detail (height, spacing, etc.)
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{11) All restaurants shall be equipped with grease interceptors. All
food establishments shall obtain County Health and
Environmental waste permits.
(12) Submit grading plans showing clearly all finish elevations,
drainage, and retaining wall locations.
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: Target Corporation, 1000 Nicollett Mall,
Suite TPN -12F, Minneapolis, MN 55403
APPROVED AND ADOPTED THIS 26th DAY OF APRIL 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAM
BY:
Joe McManus, Chairman
I, J�m s DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Res ution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th
day of April 2005, by the following vote:
AYES: Commissioner: Tanaka, Nolan, Tye, VIC Low, Chair/McManus
NOES: Commissioner: None.
ABSENT: Commissioner: None.
ABSTAIN: Commissioner: None.
ATTEST:
a es DeSt fano, ecretary
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PLANNING COMMISSION
RESOLUTION NO. 2005-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT
NO.2005-03 AND DEVELOPMENT REVIEW NO. 2005-16, FOR
THE CONSTRUCTION OF A TARGET STORE APPROXIMATELY
130,000 SQUARE FEET ON APPROXIMATELY 13 ACRES OF LAND
WITHIN THE DIAMOND BAR VILLAGE SPECIFIC PLAN, LOCATED
AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF -APN: 8293-045-006 THROUGH
009.
A. RECITALS
1 Target Corporation (the Applicant) has filed an application for the approval of
Conditional Use Permit No. 2005-03 and Development Review No. 2005-13
as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit and Development Review requests shall be
referred to as the "Application."
2. On April 15, 2005, public hearing notices were mailed to approximately 541
property owners within a 700-foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing for this
project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers.
3. On April 26, 2005, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application and concluded
said hearing on that date.
All legal prerequisite prior to the adoption of this Resolution have occurred.
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. Based upon the substantial evidence presented to the Planning Commission
during the above referenced meeting on April 26, 2005, including written and
oral staff reports, this Commission hereby specifically finds as follows:
(a) The application applies to property generally located at the southeast
corner of Grand Avenue and Diamond Bar, and is presently
undeveloped but rough graded.
(b) North of the property is the existing Diamond Bar Golf Course and
zoned Open Space, south of the property is the future residential
development and existing condominiums, west of the property is the
existing Calvary church, east of the property are a developed
commercial center and an apartment complex.
(c) The site is within the Diamond Bar Village Specific Plan. The
Application with its site plan, building design, landscaping, and
grading are in conformance with the development concept of the
Specific Plan.
(d) The site has provided sufficient parking spaces in excess of City's
minimum requirement to accommodate the proposed use.
(e) The Application conforms to development standards and design
guidelines contained in the Diamond Bar Village Specific Plan.
M
On June 29, 2004, the City Council approved an Addendum to
the previously certified Final Environmental Impact Reports,
SCH No. 91121027 and No. 96111047 for the related General Plan,
Zone Change, Development Agreement and Diamond Bar Village
Specific Plan. The Specific Plan document included a Conceptual
Site Plan that illustrates the development concept. The proposed
project is a Design Review and it is determined that the project design
is in conformance of the Specific Plan Conceptual Site Plan.
Furthermore, it is determined that no new environmental issues have
been identified and that none of the elements set forth in Public
Resources Code Section 21166 or Section 15162 of the California
Environmental Quality Act Guidelines (CEQA) exists, therefore, no
further environmental review is required.
3. The Planning Commission hereby specifically finds and determined 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 proposed project 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,
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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:
Conditional Use Permit
(a) The proposed use is allowed within the subject zoning district with
approval of a conditional use permit and complies with all other
applicable provisions of this development code and the Municipal
Code.
The Commercial section of the Diamond Bar Specific Plan is under
the C-3 Zoning District uses. Target is a general retail store, which is
permitted under this zone. Off-site alcohol is also permitted under this
zone.
(b) The proposed use is consistent with the General Plan and the
Diamond Bar Village Specific Plan.
Economic Development is a goal of the General Plan. The proposed
project will implement this goal. The proposed use is consistent with
the Diamond Bar Village Specific Plan.
(c) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
The design of the project and its operational characteristics are
compatible with and compliment the adjacent existing and future land
uses. The proposed project provides diversity of shopping amenities
for the surrounding residents.
(d) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses and the absence of physical
constraints.
The subject site is previously rough graded with a flat pad and is
partially improved with a parking lot. The site is suitable for the
development of the proposed project.
(e) Granting the conditional use permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
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persons, property, or improvements in the vicinity and zoning district
in which the property is located.
(f)
Granting this conditional use permit will improve the property and add
value to the City in general.
The proposed project has been reviewed in compliance with the
provisions of the Californian Environmental Quality Act (CEQ).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH No.
91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance of the Specific Plan Conceptual Site Plan. Furthermore,
it is determined that no new environmental issues have been
identified and that none of the elements set forth in Public Resources
Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines (CEQA) exist, therefore, no further
environmental review is required.
Development Review
(9)
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).
A conceptual site plan was approved with the Diamond Bar Village
Specific Plan. The design and layout of the proposed project is
consistent with the previously approved conceptual site plan.
(h) 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 conceptual site plan approved under the Diamond Bar Village
Specific Plan shows a mixed use development consisting of a mix of
commercial, institutional, office and residential uses. The design and
layout of the proposed project will compliment the neighboring uses
and will provide an integrated development that reduces traffic conflict
and encourages pedestrians to walk.
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U)
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 applicable specific
plan.
The proposed architecture is a contemporary style resembling some
elements of the Diamond Bar Center. The front (south) of the building
is highlighted by a tall tower and a projecting colonnade with strong
vertical columns at the main entry that provide a focal point. The
building walls are articulated with variation of building plane such as
pop -out and recessed walls and trellis work. The building plane is
treated with rich stacked stones materials. The east and west sides of
the building are also treated with the same architectural elements as
in the front but to a lesser degree. Staff believes that the building
design meets the intent of the design guidelines of the Specific Plan.
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, textures and color
and will remain aesthetically appealing.
The proposed design of the building will provide a desirable
environment for its occupants and visiting public. The design will
encourage the public to visit often, shop and enjoy the aesthetically
pleasing environment.
(k) 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.
(1)
The proposed project will improve the property and add value and
positive impact to the City.
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental Impact Reports, SCH
No. 91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is a
Design Review and it is determined that the project design is in
conformance of the Specific Plan Conceptual Site Plan. Furthermore,
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it is determined that no new environmental issues have been
identified and that none of the elements set forth in Public Resources
Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines (CEQA) exists, therefore, no further
environmental review is required.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions:
A.
General
(1)
(2) 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 applicant's obligation to insure that the waste
contractor utilized has obtained permits from the City of
Diamond Bar to provide such services.
(3)
The project site shall be developed and maintained in
substantial conformance with the approved plans submitted to
and approved by the Planning Commission collectively
attached hereto as Exhibit "A."
All conditions of approval contained in Development
Agreement No 2004-01 and under Ordinance No. 04 (2004)
shall apply.
(4) 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 the Conditional Use Permit and
Development Review, at the City of Diamond Bar Community
and Development Services Department/Planning Division an
Affidavit of Acceptance stating that they are aware of it and
agree to accept all the conditions of this approval. Further, this
approval shall not be effective until the applicant pays all
remaining Planning Division fees.
(5)
In accordance with Government Code Section 66474.9(b) (1),
the applicant shall defend, indemnify, and hold harmless the
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City, and its officers, agents and employees, from any claim,
action, or proceeding to attack, set-aside, void or annul, the
approval of Conditional Use Permit No. 2005-03 and
Development Review No. 2005-16 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; and
(b) Applicant shall promptly pay any final judgment
rendered against the City descendents.
(6)
The City shall promptly notify the applicant of any claim, action
of proceeding, and shall cooperate fully in the defense thereof.
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.
(7) Applicant shall pay development fees (including but not limited
to Planning, Building and Safety, Public Works and
Engineering Divisions 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 a
Building and Safety Division permit. In addition, the applicant
shall pay all remaining prorated City project review and
processing fees prior to the map's recordation as required by
the City.
(8) The project site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or
other applicable regulations.
(9)
The approval of CUP 2005-01 and DR2005-13 shall expire if
building permits are not issued or approved use has not
commenced within two years from the date of approval. The
applicant may request for a one year time extension subject to
Planning Commission approval.
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(10) Prior to any use of the project site or business activity being
commenced thereon, all conditions of approval shall be
completed to the satisfaction of the Assistant City Manager.
(11) Approval of this request shall not waive compliance with all
sections of the Development Code, all other applicable City
Ordinances, and applicable Specific Plan in effect at the time
of building permit issuance.
(12) This approval is for the major anchor of the commercial center.
Future building pads (Lots 3 and 4) shall be subject to
separate Development Review process for Planning
Commission approval. The two pads shall be seeded and
surface irrigated for erosion control.
Planning
(1)
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted for Assistant City
Manager review and approval, prior to issuance of building
permits.
(2) All site, grading, landscape and irrigation plans shall be
coordinated for consistency prior to issuance of permits.
(3)
A detailed on-site lighting plan, including a photometric
diagram shall be reviewed and approved by the Assistant City
Manager prior to issuance of building permits. Such plan shall
indicate style, illumination, location, height, and method of
shielding so as not to adversely affect adjacent properties.
(4) Trash receptacle(s) are required and shall meet City
standards. The final design, locations and the number of trash
receptacles shall be subject to Assistant City Manager review
and approval prior to issuance of building permits.
(5)
All ground -mounted utility appurtenances such as a
transformer shall be located out of public view and screened.
(6) A detailed landscape and irrigation plan shall be prepared by a
licensed landscape architect and submitted for Assistant City
Manager review and approval prior to issuance of building
permits.
(7)
The signs indicated on the submitted plans are conceptual only
and not part of this approval. A Comprehensive Sign Program
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for this development shall be submitted for Assistant City
Manager review and approval prior to issuance of building
permits.
(8) Provide textured pavement across drive aisle at project entry
off Grand Avenue to enhance and create an entrance
statement.
(9)
Textured pavement shall be of materials such as interlocking
concrete pavers, integral color textured concrete, and in a
diamond pattern subject to the review and approval of the
Assistant City Manager.
(10) Provide rich hardscape along the store front of Target.
(11) Submit detailed design for the replacement parking together
with pedestrian connections for Assistant City Manager review
and approval prior to issuance of grading permits.
C. Engineering/Public Works
(1)
A tentative and/or parcel map shall be required in accordance
with the Diamond Bar Subdivision Ordinance and the
Subdivision Map Act. The Map shall be submitted prior to
grading plan check.
(2) 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)
At the time of the tentative and/or parcel map approval, a title
report/guarantee showing all fee owners, interest holders, and
nature of interest shall be submitted to the Engineering
Division. The title report account shall remain open until the
final map is filed with the County Recorder. An updated title
report/guarantee and subdivision guarantee shall be submitted
ten (10) working days prior to final map approval.
(4) 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 an agreement with the City
and shall post the appropriate security. Cost Estimates for all
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bond amounts shall be provided by the applicant and approved
by the City Engineer.
(5)
All site grading, landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the City
Engineer and surety, shall be posted and an agreement
executed guaranteeing completion of all public and private
improvements.
(6) Any details or notes which may be inconsistent with
requirement or ordinances, general conditions or approval, or
City policies must 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.
(7) Prior to the issuance of grading permit(s), 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 detailed
site plan, as approved by the City Engineer.
(9)
Applicant shall label and delineate on the detailed site plan any
private drives or fire lanes to the satisfaction of the City
Engineer.
(10) Any existing easement for open space, utilities, riding and
hiking trails shall be relocated and/or grading performed, as
necessary, to provide, for the portion within the project site,
practical access for the intended use.
(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 detailed site plan for dedication to
the City.
(12) As built mylars, stamped by appropriate individuals certifying
the plan, shall be provided at no cost to the City for all
improvements.
(13) All improvements for the subject parcel shall be coordinated
with any existing or proposed maps including TTM 62482 to
the south.
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(14) 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 in
accordance with the established fee schedule.
(15) Applicant shall provide digitized information in a format defined
by the City for all related plans, at no cost to the City.
(16) All activities/improvements proposed for this project shall be
wholly contained within site boundaries. 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.
(17) 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.
(18) The project shall be submitted to the Engineering Division for
traffic circulation review and approval. Upon review, any
changes that may be requested, for example, the median at
the entrance along Golden Springs Drive may need to be
moved out of the right-of-way, shall be performed prior to
issuance of the certificate of occupancy.
(19) Protective fencing/barrier shall be installed along the top of
slope of the roadway south of the building to protect pedestrian
access. Additionally, protective fencing shall be installed at the
top of the retaining walls as additional protection for
maintenance along the slopes. Vehicular barriers, such as
bollards, shall be installed to protect vehicles traveling along
the roadway at the top of slope.
(20) Street/Right-of-Way Dedications along Golden Springs Drive
and Grand Ave. shall be approved by the City Engineer priorto
issuance of grading permits.
(21) Retaining wall design and calculations shall be submitted to
the Public Works/Engineering division for review and approval
concurrently with the grading plan check.
Grading
(22) Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
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(23) 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 analysis 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 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; and
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.
(24) Prior to issuance of grading permits, storm drain improvement
plans shall be approved by the City Engineer and/or 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.
(25) Final grading plans shall be designed in compliance with the
recommendations of the final detailed soils and engineering
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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.
(26) A Standard Urban Stormwater Management Plan (SUSMP)
conforming to City Ordinance is required to be incorporated
into the grading plan and approved by the 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.
(27) All slopes in excess of five (5) feet in height shall be seeded
with native grasses or planted with ground cover, shrubs, and
trees for erosion control upon completion of grading or some
other alternative method of erosion control shall be completed
to the satisfaction of the City Engineer and a permanent
irrigation system shall be installed.
(28) 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.
(29) No grading or any staging or any construction shall be
performed prior to the project map approval by the City Council
and map recordation. All pertinent improvement plans shall be
approved by the City Engineer prior to approval by the City
Council.
(30) Submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of
transport.
(31) Prepare a horizontal control plan and submit concurrently with
the grading plan for review and approval.
Drainage
(32) 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.
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(33) The applicant shall provide drainage facilities to remove any
flood hazard and dedicate and show necessary easements
and/or rights of way to the satisfaction of City Engineer. Storm
drainage facilities shall be constructed within the street right-of-
way or in easements satisfactory to the City Engineer and/or
the Los Angeles County Public Works Department.
(34) 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.
(35) 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. All drainage facilities
shall be designed and constructed as required by the City
Engineer and in accordance with County of Los Angeles
Standards.
(36) Prior to the issuance of a grading permit, a complete hydrology
study and hydraulic calculations shall be prepared by a Civil
Engineer registered in the State of California to the satisfaction
of the City Engineer.
(37) A comprehensive maintenance plan/program shall be
submitted concurrently with the storm drain plans to the Public
Works/Engineering Division for review and approval.
Utilities
(38) 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, Walnut Valley Water District
and Fire Department.
(39) 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 accommodate the total domestic and fire
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flows as may be required by the City Engineer, WVWD and
Fire Department.
(40) The applicant shall provide separate underground utility
services to each parcel per Section 13.04.380 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.
Sewers
(41) 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.
(42) Each lot/parcel must be served by a separate and independent
sewer lateral. Sewer laterals shall be constructed in
accordance with the Los Angeles County Department of Public
Works Standards.
(43) Applicant shall obtain connection permit(s) from the City and
County Sanitation District prior to issuance of building permits.
The area within the project 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 detailed site plan and offered for dedication.
(44) 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.
Traffic Mitigations
(45) All traffic mitigations shall be implemented and constructed in
accordance with the Development Agreement and Conditions
of project approval for the Diamond Bar Village Specific Plan
prior to issuance of the certificate of occupancy
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FIRE
(46) All required fire hydrants shall be installed and tested and
accepted prior to construction. Vehicular access must be
provided and maintained serviceable throughout construction.
D. Building and Safety
(1)
The applicant shall comply with the adopted 2001 Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing
Code, and the 2001 National Electric Code and all other
applicable construction codes, ordinances and regulations in
effect at the time of issuance of building permits.
(2) This project shall comply with the provision of the 2001
California Building Code regarding Building Restriction on the
south property line to meet the 60 -foot Yard requirement per
section 505.2
(3)
(4)
(5)
Fire Department approval is required.
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
licensed Architect/Engineer with wet stamp and signature.
This project shall comply with the energy conservation
requirements of the State of California Energy Commission.
(6) This project shall comply with all title 24 accessibility
requirements including accessible parking, path of travel,
elevators, restrooms, drinking fountains, etc.
(7)
The project shall be protected by a construction fence and
shall comply with the NPDES and BMP requirements.
(8) Surface water shall drain away from building at a 2 percent
minimum slope.
(9)
Specific location of tempered glass as required by code.
(10) Specify 1/4 inch per feet slope for all flat surfaces/decks with
approved water proofing material. Also, provide guardrail
connection detail (height, spacing, etc.)
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(11) All restaurants shall be equipped with grease interceptors. All
food establishments shall obtain County Health and
Environmental waste permits.
(12) Submit grading plans showing clearly all finish elevations,
drainage, and retaining wall locations.
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: Target Corporation, 1000 Nicollett Mall,
Suite TPN -12F, Minneapolis, MN 55403
APPROVED AND ADOPTED THIS 26th DAY OF APRIL 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMO-UD R
Joe McManus, Chairman
I, Jas DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th
day of April 2005, by the following vote:
AYES: Commissioner: Tanaka, Nolan, Tye, V/C Low, Chair/McManus
NOES: Commissioner: None.
ABSENT: Commissioner: None.
ABSTAIN: Commissioner: None.
ATTEST:
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