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HomeMy WebLinkAboutPC 2005-37PLANNING COMMISSION RESOLUTION NO. 2005-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICEIRESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;—APN: 8285-020-31 THROUGH 51. A. RECITALS The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the 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 October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received public testimony and continued the public hearing to November 8, 2005 regular meeting. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites 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 October 25, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The 2 Planning Commission Resolution No. 2005-37 Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 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, 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. Concurrently with the Application, the applicant requested for a Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping center requires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed under the Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. 3 Planning Commission Resolution No. 2005-37 (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 shopping center was originally constructed in the 1970's and renovated in the late 1980's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of.the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 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 (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and 4 Planning Commission Resolution No. 2005-37 traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 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). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and 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 project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide for safe pedestrian walkway and address handicap accessibility. (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 renovation together with the new buildings will create an aesthetically pleasing environment. (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its 5 Planning Commission Resolution No. 2005-37 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. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070, The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's 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. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs 6 Planning Commission Resolution No. 2005-37 Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation 7 Planning Commission Resolution No. 2005-37 Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommend approval subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporate herein: A. General/Planning Division (1) The approval is for Country Hills Town Center totaling 221,083 square feet. The approval includes the renovations of the facade for a 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story officelmedical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) Variance No. 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retailloffice building from 35 feet to 40 feet and the new three story medicalloffice building from 35 feet to 54 feet. (3) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. (4) Provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (5) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. 8 Planning Commission Resolution No. 2005-37 (6) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru cafe, the 5,000 square feet designated for food court within the market building, and the in- line food users. In-line food users are defined as "express" fast food with limited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (7) The keeping of the existing non -conforming pylon sign shall require a new variance application. (8) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. (9) Landscaping: The site shall provide as close to 15 percent of the site area for landscaping as possible. Provide tree wells within the parking lot and planted with a small slow growing tree. Provide landscape areas along store frontage for planting of trees. Provide vine pockets in front of building columns. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (10) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (11) Add a flat roof tower over the new drive-thru pick up window for the future cafe tenant. Final design subject to Community Development Director review and approval prior to issuance of building permits. (12) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. 9 Planning Commission Resolution No. 2005-37 (13) The renovation of the existing building shall be in substantial construction prior to issuance of building permits for the two- story or the three-story building, whichever occurs first. The market tenant shall have occupancy prior to release of occupancy for the shell building of the two-story or three-story buildings, whichever occur first. (14) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (15) Submit color and material samples for the project prior to issuance of building permits. (16) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (17) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 10 Planning Commission Resolution No. 2005-37 (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a) — 7:00 am and 7:00 pm Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. (f) Prior to the completion of construction activities, the southbound approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane. (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. 11 Planning Commission Resolution No. 2005-37 (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) 12 Planning commission Resolution No. 2005-37 (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. 01) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flow for this development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. 13 Planning Commission Resolution No. 2005-37 (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction • Sprinkler system • Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant load/corridor rating/exit width/exit signs) • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls construction/opening protection (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 shalt 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) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 14 Planning Commission Resolution No. 2005-37 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: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING C MISSION OF THE (�IT,Y OF DIAMOND BAR. M. Low, Vice Chairperson 1, Nancy Fong, 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 8th day of November, 2005, by the following vote: AYES: Commissioner: Torng, Lee, Nolan, VIC Low NOES: Commissioner: None ABSENT: Commissioner: Chair/McManus ABSTAIN: ComJg ner: None ATTEST: Nan, Se etary 15 Planning Commission Resolution No. 2005-37 (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: Country Hills DB, LLC/Michael McCarthy LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd. and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, 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 CUP 2004-01, DR 2004-19 and VAR 2004-02 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. 16 Planning Commission Resolution No. 2005-37 (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. Signed copies of Planning Commission Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever 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, 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. 17 Planning Commission Resolution No. 2005-37 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 permits, whichever come first. 2. All deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or 18 Planning Commission Resolution No. 2005-37 masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. 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 City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 9. Detailed landscape and 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. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. 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 applicant's 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. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 19 Planning Commission Resolution No. 2005-37 4. Central trash enclosures shall be equipped with recycling receptacles APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERALISUBDiVISION 1. 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. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project 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. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. 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 Division in addition to any other permits required. 20 Planning Commission Resolution No. 2005-37 g. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10. 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. 11. 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. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed for this project shall be wholly contained within the boundaries of the project. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to issuance of building permits. 2. 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. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 21 Planning Commission Resolution No. 2005-37 6. 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. 7. 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. 8. 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. g. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 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. 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 County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 22 Planning Commission Resolution No. 2005-37 E. 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. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implementedin accordance with the Traffic Impact Analysis Report by Linscott, Law Greenspan engineers dated July 25, 2005, prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1, Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. 2. occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, 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. 4. Fire Department approval is required. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 23 Planning Commission Resolution No. 2005-37 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 7. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE NDITIONS: TIONS: PREVENTION FOR COMPLIANCE WITH E FOLLOWING 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. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 24 Planning Commission Resolution No. 2005-37 PLANNING COMMISSION RESOLUTION NO. 2005-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICEIRESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;- APN: 8285-020-31 THROUGH 51. A. RECITALS 1 The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the 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 October 25, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, received public testimony and continued the public hearing to November 8, 2005 regular meeting. 4. At the continued public hearing of November 8, 2005, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 5. All legal prerequisites 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 October 25, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The I 2 Planning Commission Resolution No. 2005-37 Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 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, 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. Concurrently with the Application, the applicant requested for a Zone Change from Neighborhood Commercial (C-1) to Community Commercial (C-2). The development and renovation of the shopping centerrequires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed under the Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. 3 Planning Commission Resolution No. 2005-37 (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 shopping center was originally constructed in the 1970's and renovated in the late 1980's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to the diversity of shopping and services for the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. M Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 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 (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and 4 Planning Commission Resolution No. 2005-37 traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 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). The design and layout of the proposed project, the new design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and 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. U) The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide forsafe pedestrian walkway and address handicap accessibility. 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 renovation together with the new buildings will create an aesthetically pleasing environment. The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its 5 Planning Commission Resolution No. 2005-37 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. (I) Variance (m) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's 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. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs 6 Planning Commission Resolution No. 2005-37 Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. (p) (q) Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation 7 Planning Commission Resolution No. 2005-37 Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommend approval subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporate herein: A. General/Planning Division (1) (2) Variance No. 2004-02 is approved to increase the building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (3) (4) Provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (5) The approval is for Country Hills Town Center totaling 221,083 square feet. The approval includes the renovations of the fagade for a 45,031 square feet supermarket building; a 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. 8 Planning Commission Resolution No. 2005-37 (6) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru cafe, the 5,000 square feet designated for food court within the market building, and the in- line food users. In-line food users are defined as "express" fast food with limited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (7) The keeping of the existing non -conforming pylon sign shall require a new variance application. (8) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. (9) Landscaping: The site shall provide as close to 15 percent of the site area for landscaping as possible. Provide tree wells within the parking lot and planted with a small slow growing tree. Provide landscape areas along store frontage for planting of trees. Provide vine pockets in front of building columns. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (10) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (11) Add a flat roof tower over the new drive-thru pick up window for the future cafe tenant. Final design subject to Community Development Director review and approval prior to issuance of building permits. (12) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. 9 Planning Commission Resolution No. 2005-37 (13) The renovation of the existing building shall be in substantial construction prior to issuance of building permits for the two- story or the three-story building, whichever occurs first. The market tenant shall have occupancy prior to release of occupancy for the shell building of the two-story or three-story buildings, whichever occur first. (14) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (15) Submit color and material samples for the project prior to issuance of building permits. (16) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (17) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 10 Planning Commission Resolution No. 2005-37 (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a)-7:00 am and 7:00 pm Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. M (9) Prior to the completion of construction activities, the southbound approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane. Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. 11 Planning Commission Resolution No. 2005-37 (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) (6) (7) (8) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) 12 Planning Commission Resolution No. 2005-37 (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flow for this development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. 13 Planning Commission Resolution No. 2005-37 (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction • Sprinkler system • Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant load/corridor rating/exit width/exit signs) • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls construction/opening protection (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) (10) Specific location of tempered glass as required by code. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 14 Planning Commission Resolution No. 2005-37 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: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY R'th M. Low, Vice Chairperson I, Nancy Fong, 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 8th day of November, 2005, by the following vote: AYES: Commissioner: Torng, Lee, Nolan, V/C Low NOES: Commissioner: None ABSENT: Commissioner: Chair/McManus ABSTAIN: Commissioner: None ATTEST: 15 Planning Commission Resolution No. 2005-37 COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: Country Hills DB, LLC/Michael McCarthy LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd. and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, 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 CUP 2004-01, DR 2004-19 and VAR 2004-02 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. 16 Planning Commission Resolution No. 2005-37 (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. Signed copies of Planning Commission Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the City within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever 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, 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. 17 Planning Commission Resolution No. 2005-37 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 permits, whichever come first. 2. All deposit accounts for the processing of this project shall have no deficits. 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 CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or 18 Planning Commission Resolution No. 2005-37 masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. 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 City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and 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. 2. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply with the approved landscape and irrigation plans. 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 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. 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. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 19 Planning Commission Resolution No. 2005-37 4. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL/SUBDIVISION 1. 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. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project 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. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. 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 Division in addition to any other permits required. 20 Planning Commission Resolution No. 2005-37 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10. 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. 11. 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. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no. cost to the City. 13. All activities/improvements proposed for this project shall be wholly contained within the boundaries of the project. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to issuance of building permits. 2. 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. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 21 Planning Commission Resolution No. 2005-37 6. 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. 7. 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. 8. 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. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE 1. All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 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. 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 County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES 1. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 22 Planning Commission Resolution No. 2005-37 E. 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. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS 1. All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by Linscott, Law & Greenspan engineers dated July 25, 2005, prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, 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. 4. Fire Department approval is required. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 23 Planning Commission Resolution No. 2005-37 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 7. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. 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. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 24 Planning Commission Resolution No. 2005-37