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HomeMy WebLinkAboutPC 2006-10PLANNING COMMISSION RESOLUTION NO. 2006-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-03 AND NEGATIVE DECLARATION NO. 2006-01, A REQUEST TO CONSTRUCT ATWO-STORY OFFICE BUILDING OF APPROXIMATELY 25,000 GROSS SQUARE FEET, THE PROJECT SITE IS LOCATED AT 21627 GATEWAY CENTER DRIVE, (LOT 4, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Dr. Akbar Omar has filed an application for Development Review No. 2006-03 and Negative Declaration No. 2006-01 for a property located at 21627 Gateway Center Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Negative Declaration shall be referred to as the "Application." 2. On January 30, 2006, public hearing notices were mailed to approximately 23 property owners of record within a 500 -foot radius of the project. On February 3, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and the project site was posted with the required display board and public notice was posted in three public places. 3. On February 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 2006-01 have been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. The Negative Declaration review period began, February 1, 2006, and ended February 20, 2006. Furthermore, Negative Declaration No. 2006-01 reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregular-shaped, vacant lot corporate located within a business complex identified as Gateway Corporate Center. The project site is approximately 2.033 gross acres with an existing pad of approximately 40,000 square feet. The site is bound by a descending slope on the north facing the Orange (SR -57) Freeway, by Gateway Center Drive on south, by Lot 5 — V -Tek on the west and the Holiday Inn Select hotel on the east. The project site contains a sanitary sewer easement, approximately 10 feet wide, that follows the north property and angles toward the west property line. The project site was graded with a pad as part of the overall grading for the corporate complex. The pad is generally free of vegetation with the exception of moderate weed growth. The north descending slope is vegetated with trees and bushes planted as part of the Gateway Corporate Center's master landscape plan. (b) The project site has a General Plan land use designation of Office, Business Park (OB). (c) The project site has a zoning designation of Commercial - Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/C). (d) Generally, the following zones and use surround the project site: To the north is the Orange Freeway (SR 57); and to the south, east and west is the C-M-BE-UIC zone. 2 (e) The Application request is to construct a two-story office building of approximately 25,000 gross square feet (23,250 net square feet) to be utilized for general office. Development Review (f) The design and layout of the proposed development is consistent with the applicable elements of the City"s General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The General Plan land use designation for the project site is Professional Office (OP), which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed project is for office -based uses, therefore, consistent with the General Plan. In accordance to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the office facility through its exemplary design, use of materials and colors, and landscaping that will offera variety of plant species and adequate on- site parking. The proposed architectural style, colors and materials are consistent with the requirements of the City and Gateway Corporate Center as prescribed in Gateway Corporate Center Unilateral Contract and compatible with existing buildings within the center. The proposed project has received the approval of the Gateway Corporate Center Architectural Committee. In order to break-up the vertical monotony of a tall flat wall at the north elevation, cornices (horizontal moldings or bands) along with varying planes, varying shades of light beige and pale green and windows are proposed. These design features have also been added to the front and side facades. Therefore, the proposed project complies with the City's Design Guidelines. (g) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The proposed project is in Commercial -Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/L). In accordance to the 9 Development Code, standards for the Office, Business Park (OB) zone are applicable to this project. This zoning designation pen -nits large scale, headquarters -type office facilities and business park developments, and similar related compatible uses. Although future tenants for this project are not known at this time, the proposed office building will be able to accommodate various office uses. As such, the proposed project complies with the zoning designation. As stated in Item (t) above, the design and layout of the proposed project is not expected to interfere with the use and neighboring and future development in that it is consistent and compatible with surround development. Linscott Law & Greenspan Engineers prepared a traffic impact analysis and site access evaluation report dated October 29, 2002. The report studied: ♦ Site accesslinternal circulation; ♦ Existing year 2002 traffic counts; ♦ Estimated project traffic generation/distribution/assignment; ♦ Estimated cumulative project traffic generation/distribution/ assignment, ♦ AM/PM peak hour intersection capacity for existing and future conditions without and with project traffic, and ♦ Key Intersections: 0 Brea Canyon Road at Golden Springs Drive; 0 Gateway Center Drive at Golden Springs Drive; 0 Copley Drive at Golden Springs Drive; and 0 Golden Springs Drive at Grand Avenue. The results of the study indicates that: the proposed project will not have a significant impact on the four key intersections studied, the project driveway will be able to accommodate ingress and egress traffic without undue congestion; the approximate throat length of 50 feet at the project driveway is sufficient for storing potential queuing vehicles; the on-site circulation layout is adequate; and curb return radii are adequate for small service/delivery trucks, as well as trash trucks (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; As referenced above in Items 4 (0 above and (i) below, the proposed project will be consistent and compatible with the architectural design, 0 materials, and colors of the other buildings within the Gateway Center Corporate Center and its Unilateral Contract originally reviewed and approved by Los Angeles County and adopted by the City of Diamond Bar. The Unilateral Contract sets forth land restrictions/development standards. The development standards require an architectural style that is contemporary with materials, textures and colors that compliment this style. The proposed project has received the Gateway Corporate Center's architectural committee's approval. Therefore, the proposed project will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements and General Plan. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above Items (t) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing. The construction materials, glass and plaster will retain a reasonably adequate level of maintenance. (j) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Health Department and Fire Department requirements. The referenced agencies' involvement will ensure that the proposed revision is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required forthis project. According to CEQA Section 15070, Negative Declaration No. 2006-01 has been prepared. The Negative Declaration's review period began February 1, 2006, and ended February 21, 2006, 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, final landscape/irrigation plan dated April 4, 2005, final exterior and parking lot lighting plan/study dated December 5, 2005, and colors/materials board/color rendering collectively labeled as Exhibit "A" dated February 28, 2006, as submitted and approved by the Planning Commission, as amended herein. (b) 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan that delineates plant species, size, quantity and location, for the City's review and approval. The final landscape plans shall also include existing planting material on all slopes and the species, size, quantity and location of the replacement plant material destroyed during construction. Said replacement plant material shall match the existing slope landscaping. Additionally, all trees on the north -facing slope adjacent to the building shall be 24 - inch box size and the proposed quantity of bougainvillea and acacia plants shall be increased on this slope to the City's satisfaction, thereby enhancing slope coverage and screening of the building's retaining wall. Furthermore, the proposed project shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly. All landscaping/irrigation shall be installed before final inspection or Certificate of Occupancy. I"1 (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. (e) All roof -mounted equipment shall be screened from public view behind the roof parapet. The roof -mounted equipment shall not be visible from surrounding streets, driveways, or adjacent buildings on a horizontal sight line. Materials utilized for screening shall be complementary to building and integrated with the architectural design. (f) The arched window shown on the west elevation is not consistent with the arched window style on the north and east elevations. Within 10 days of this approval, the applicant shall submit a revised west elevation with window style consistent with the north and east elevations. (g) All roof -mounted equipment shall be screened from public view behind the roof parapet. The roof -mounted equipment shall not be visible from surrounding streets, driveways, or adjacent buildings on a horizontal sight line. Materials utilized for screening shall be complementary to building and integrated with the architectural design. (h) Prior to the issuance of a building permit, the applicant shall submit a final detail of the trash/recycle bin enclosure for the City's review and approval. The trash/recycle bin enclosure shall be compatible with the proposed building. (i) Prior to final inspection/occupancy, the applicant shall correct traffic impact and/or pay their "fair share" towards mitigation of said impacts to the satisfaction of the Public Works Director. Q) Applicant shall remove and replace that portion of highway facilities damaged by the construction activities to the satisfaction of the Public Works Director. Additionally, sidewalks, curbs and gutters, etc., damaged during construction shall be removed and replaced by the applicant to the satisfaction of the Public Works Director. (k) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best FA Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (I) Applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. (m) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall: (1) Be signed/stamped by a civil engineer, geotechnical engineer and geologist as required; (2) Delineate the proposed and existing topography; (3) Delineate proper drainage with details and sections; and (4) Delineate slope ratio. (n) All handicap parking shall comply with current State handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot to building. Cross slope shall not exceed two percent. All bathroom and ramps shall be designed in compliance with State handicap accessible regulations. Required handicap signage shall be installed at each entrance. (o) 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. (p) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (q) Pursuant to the Building and Safety Division requirements, the applicant shall install temporary construction fencing along the project perimeter. (r) Applicant shall submit construction plans to the Los Angeles County Fire Department. Plans shall comply with all applicable fire codes. (s) This project shall comply with the Health Department and Industrial Waste requirements. M (t) As required by the City, the applicant shall provide guardrails at top of slope in the parking lot. (u) Building setback from top of slope shall meet Section 18 of the Building Code H/3 and/or provide a special footing design if closer than H/3. (v) 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. (w) Applicant shall comply with all Planning Division, Building and Safety Division and Public Works/Engineering Department and Fire Department requirements. (x) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating thatthey are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. D 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 Dr. Akbar Omar, 222 N. Sunset Avenue, West Covina, CA 91790. APPROVED AND ADOPTED THIS 28TH DAY OF FEBRUARY 2006, BY THE PLANNING CO MISSION OF THE CITY OF DIAMOND BAR. BY: th M. Low, Vice -Chairman 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 28th of February 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioner: Torrg; Lee; Nolan; VC/Lott Commissioner: Nona Commissioner: Cr..l_r Hcr:<nur- 10 PLANNING COMMISSION RESOLUTION NO. 2006-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-03 AND NEGATIVE DECLARATION NO. 2006-01, A REQUEST TO CONSTRUCT ATWO-STORY OFFICE BUILDING OF APPROXIMATELY 25,000 GROSS SQUARE FEET. THE PROJECT SITE IS LOCATED AT 21627 GATEWAY CENTER DRIVE, (LOT 4, TRACT NO. 39679) DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Dr. Akbar Omar has filed an application for Development Review No. 2006-03 and Negative Declaration No. 2006-01 for a property located at 21627 Gateway Center Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review and Negative Declaration shall be referred to as the "Application." 2. On January 30, 2006, public hearing notices were mailed to approximately 23 property owners of record within a 500-foot radius of the project. On February 3, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and the project site was posted with the required display board and public notice was posted in three public places. 3. On February 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 2006-01 have been prepared by the City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder, pursuant to Section 15070. The Negative Declaration review period began, February 1, 2006, and ended February 20, 2006. Furthermore, Negative Declaration No. 2006-01 reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregular-shaped, vacant lot corporate located within a business complex identified as Gateway Corporate Center. The project site is approximately 2.033 gross acres with an existing pad of approximately 40,000 square feet. The site is bound by a descending slope on the north facing the Orange (SR-57) Freeway, by Gateway Center Drive on south, by Lot 5 - V-Tek on the west and the Holiday Inn Select hotel on the east. The project site contains a sanitary sewer easement, approximately 10 feet wide, that follows the north property and angles toward the west property line. The project site was graded with a pad as part of the overall grading for the corporate complex. The pad is generally free of vegetation with the exception of moderate weed growth. The north descending slope is vegetated with trees and bushes planted as part of the Gateway Corporate Center's master landscape plan. (b) The project site has a General Plan land use designation of Office, Business Park (OB). (c) The project site has a zoning designation of Commercial- Manufacturing-Billboard Exclusion-Unilateral Contract (C-M-BE-U/C). (d) Generally, the following zones and use surround the project site: To the north is the Orange Freeway (SR 57); and to the south, east and west is the C-M-BE-U/C zone. 2 (e) The Application request is to construct a two-story office building of approximately 25,000 gross square feet (23,250 net square feet) to be utilized for general office. Development Review M (g) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The General Plan land use designation for the project site is Professional Office (OP), which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed project is for office -based uses, therefore, consistent with the General Plan. In accordance to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the office facility through its exemplary design, use of materials and colors, and landscaping that will offera variety of plant species and adequate on- site parking. The proposed architectural style, colors and materials are consistent with the requirements of the City and Gateway Corporate Center as prescribed in Gateway Corporate Center Unilateral Contract and compatible with existing buildings within the center. The proposed project has received the approval of the Gateway Corporate Center Architectural Committee. In order to break-up the vertical monotony of a tall flat wall at the north elevation, cornices (horizontal moldings or bands) along with varying planes, varying shades of light beige and pale green and windows are proposed. These design features have also been added to the front and side facades. Therefore, the proposed project complies with the City's Design Guidelines. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The proposed project is in Commercial -Manufacturing -Billboard Exclusion -Unilateral Contract (C-M-BE-U/L). In accordance to the 3 Development Code, standards for the Office, Business Park (OB) zone are applicable to this project. This zoning designation permits large scale, headquarters -type office facilities and business park developments, and similar related compatible uses. Although future tenants for this project are not known at this time, the proposed office building will be able to accommodate various office uses. As such, the proposed project complies with the zoning designation. As stated in Item (f) above, the design and layout of the proposed project is not expected to interfere with the use and neighboring and future development in that it is consistent and compatible with surround development. Linscott Law & Greenspan Engineers prepared a traffic impact analysis and site access evaluation report dated October 21, 2002. The report studied: • Site access/internal circulation; • Existing year 2002 traffic counts; • Estimated project traffic generation/distribution/assignment; • Estimated cumulative project traffic generation/distribution/ assignment; • AM/PM peak hour intersection capacity for existing and future conditions without and with project traffic; and • Key Intersections: 0 Brea Canyon Road at Golden Springs Drive; 0 Gateway Center Drive at Golden Springs Drive; 0 Copley Drive at Golden Springs Drive; and 0 Golden Springs Drive at Grand Avenue. The results of the study indicates that: the proposed project will not have a significant impact on the four key intersections studied; the project driveway will be able to accommodate ingress and egress traffic without undue congestion; the approximate throat length of 50 feet at the project driveway is sufficient for storing potential queuing vehicles; the on-site circulation layout is adequate; and curb return radii are adequate for small service/delivery trucks, as well as trash trucks (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; As referenced above in Items 4 (f) above and (i) below, the proposed project will be consistent and compatible with the architectural design, 4 U) materials, and colors of the other buildings within the Gateway Center Corporate Center and its Unilateral Contract originally reviewed and approved by Los Angeles County and adopted by the City of Diamond Bar. The Unilateral Contract sets forth land restrictions/development standards. The development standards require an architectural style that is contemporary with materials, textures and colors that compliment this style. The proposed project has received the Gateway Corporate Center's architectural committee's approval. Therefore, the proposed project will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements and General Plan. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; As referenced in the above Items (t) through (h), the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing. The construction materials, glass and plaster will retain a reasonably adequate level of maintenance. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, Health Department and Fire Department requirements. The referenced agencies' involvement will ensure that the proposed revision is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA), the City has determined that a Negative Declaration is 5 required for this project. According to CEQA Section 15070, Negative Declaration No. 2006-01 has been prepared. The Negative Declaration's review period began February 1, 2006, and ended February 21, 2006. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, final landscape/irrigation plan dated April 4, 2005, final exterior and parking lot lighting plan/study dated December 5, 2005, and colors/materials board/color rendering collectively labeled as Exhibit "A" dated February 28, 2006, as submitted and approved by the Planning Commission, as amended herein. (b) 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before the issuance of any City permits, the applicant shall submit a final landscape/irrigation plan that delineates plant species, size, quantity and location, for the City's review and approval. The final landscape plans shall also include existing planting material on all slopes and the species, size, quantity and location of the replacement plant material destroyed during construction. Said replacement plant material shall match the existing slope landscaping. Additionally, all trees on the north -facing slope adjacent to the building shall be 24 - inch box size and the proposed quantity of bougainvillea and acacia plants shall be increased on this slope to the City's satisfaction, thereby enhancing slope coverage and screening of the building's retaining wall. Furthermore, the proposed project shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly. All landscaping/irrigation shall be installed before final inspection or Certificate of Occupancy. 6 (d) Before the issuance of any City permits, the applicant shall submit an exterior lighting plan/study for the City's review and approval. (e) All roof -mounted equipment shall be screened from public view behind the roof parapet. The roof -mounted equipment shall not be visible from surrounding streets, driveways, or adjacent buildings on a horizontal sight line. Materials utilized for screening shall be complementary to building and integrated with the architectural design. (f) (g) The arched window shown on the west elevation is not consistent with the arched window style on the north and east elevations. Within 10 days of this approval, the applicant shall submit a revised west elevation with window style consistent with the north and east elevations. All roof -mounted equipment shall be screened from public view behind the roof parapet. The roof -mounted equipment shall not be visible from surrounding streets, driveways, or adjacent buildings on a horizontal sight line. Materials utilized for screening shall be complementary to building and integrated with the architectural design. (h) Prior to the issuance of a building permit, the applicant shall submit a final detail of the trash/recycle bin enclosure for the City's review and approval. The trash/recycle bin enclosure shall be compatible with the proposed building. a) Prior to final inspection/occupancy, the applicant shall correct traffic impact and/or pay their "fair share" towards mitigation of said impacts to the satisfaction of the Public Works Director. Applicant shall remove and replace that portion of highway facilities damaged by the construction activities to the satisfaction of the Public Works Director. Additionally, sidewalks, curbs and gutters, etc., damaged during construction shall be removed and replaced by the applicant to the satisfaction of the Public Works Director. (k) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best 7 Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (I) (m) Applicant shall comply with Standard Urban Storm Water Mitigation Plan requirements to the satisfaction of the City engineer. Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading plan shall: (1) (2) (3) (4) Be signed/stamped by a civil engineer, geotechnical engineer and geologist as required; Delineate the proposed and existing topography; Delineate proper drainage with details and sections; and Delineate slope ratio. (n) All handicap parking shall comply with current State handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot to building. Cross slope shall not exceed two percent. All bathroom and ramps shall be designed in compliance with State handicap accessible regulations. Required handicap signage shall be installed at each entrance. (o) 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. (p) (q) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. Pursuant to the Building and Safety Division requirements, the applicant shall install temporary construction fencing along the project perimeter. (r) Applicant shall submit construction plans to the Los Angeles County Fire Department. Plans shall comply with all applicable fire codes. (s) This project shall comply with the Health Department and Industrial Waste requirements. 8 (t) As required by the City, the applicant shall provide guardrails at top of slope in the parking lot. (u) Building setback from top of slope shall meet Section 18 of the Building Code H/3 and/or provide a special footing design if closer than H/3. (v) 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. (w) Applicant shall comply with all Planning Division, Building and Safety Division and Public Works/Engineering Department and Fire Department requirements. (x) This approval is valid for two years and shall be exercised (i.e., construction started) within that period or this approval shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (Y) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (z) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 9 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 Dr. Akbar Omar, 222 N. Sunset Avenue, West Covina, CA 91790. APPROVED AND ADOPTED THIS 28TH DAY OF FEBRUARY 2006, BY THE PLANNING CO MISSION OF THE CITY OF DIAMOND BAR. Ya 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 28th of February 2006, by the following vote: AYES: Commissioner: Torrg; Lee; Nolan; VC/Low NOES: Commissioner: None ABSENT: Commissioner: Chair McMann^ 10