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HomeMy WebLinkAboutPC 2006-32PLANNING COMMISSION RESOLUTION NO. 2006-32 A RESOLUTION OF' THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-38 AND CATEGORICAL_ EXEMPTION 15301(b), A REQUEST TO APPROVE PLANS TO CONSTRUCT TWO NEW CUPOLAS WITH CONCEALED ROOF -TOP ANTENNAE OF A WIRELESS TELECOMMUNICATIONS FACILITY THAT INCLUDES EXTERIOR EQUIPMENT CABINETS AT THE REAR OF THE BUILDING BEHIND A NEW WALL WITH OVERHEAD LATTICE STRUCTURE AND ADDITIONAL PERIMETER WROUGHT IRON FENCE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBERS 8285-020-004 and 8285-020- 005,2707 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765 A. RECITALS The property owners, James H. and Lynette Ann Martindale, and applicant, T -Mobile, filed Development Review No. 2005-38 application for a property at 2707 S. Diamond Bar Boulevard (APN: 8285-020-004 and 005), Diamond Bar, Los Angeles; County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notices were published in the San Gabriel Valley Tribune and Inland l Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On August 8, 2003, 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The commercial site is on the corner of Diamond Bar Boulevard and Fountain Springs Road and consists of two lots, Assessor Parcel Numbers 8285-020-004 and 8285-020-005 forming a square. The commercial site totals 22,207 square feet (.51 acre) in size. The existing two-story commercial office building was approved and completed in 1990. (b) The General Plan Land Use designation is Office Professional (OP). The project site is zoned Office Professional (OP). (c) To the north is residential use, Zone R-1-7,500; to the south and east is residential use, Zone R-1-20,000; and to the west are Commercial uses, Zone C-2. (d) The Application requests approval of plans to construct two new cupolas with concealed roof -top antennae for a wireless telecommunications facility. The request also includes the exterior equipment cabinets at the rear of the building behind a new wall with overhead lattice structure and additional perimeter wrought iron fence. DEVELOPMENT REVIEW (e) 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.) On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and 2 Planning Commission Resolution No. 2006-32 strategies. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae continue to be consistent with the General Plan, City's Municipal Code, and Design Guidelines and there are no architectural criteria for special areas. (f) 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 project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof the and stucco materials match the existing building. The architecturally concealed antennae will not interfere with the use and enjoyment of neighboring existing or fixture development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae continues to be compatible with the characteristics of the surrounding neighborhood and continue to maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (n) The architectural 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. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and 3 Planning Commission Resolution No. 2006-32 the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae continues to 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. (o) 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions set forth in the approving resolution; the Building and Safety Division; the Public Works Division; the Fire Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the attached Standard Conditions: 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 James H. and Lynette Ann Martindale, 1340 E. Route 66, Glendora, CA 91740; Applicant, T -Mobile, 3 Imperial Promenade, #1100, Santa Ana, CA 92707; and Agent, Trillium, John Austin, 5912 Bolsa Avenue, #202, Huntington Beach, CA 92649. 4 Planning commission Resolution No. 2006-32 APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 7 By: rAt�L /27), S't6v6 Nelson, Vic(: Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8th day of August 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Lee, Wei, Torng, VC/Nelson None. None. None. L�KI►l►��E1V/V ,T'3�Z!� 5 Planning Commission Resolution No. 2006-32 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS COMMERCIAL REMODELED STRUCTURES PROJECT #: DEVELOPMENT REVIEW No. 2005-38 SUBJECT: Telecommunications Facility APPLICANT: T -Mobile USA LOCATION: 2707 S. Diamond Bar Boulevard ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Development Review No. 2005-38 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. (c) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 6 Planning Commission Resolution No. 2006-32 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2005-38, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006-32, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the Established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the 7 Planning Commission Resolution No. 2006-32 applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2005-38 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled as Exhibit "A" including: site plans, architectural elevations, exterior materials and colors, details, and survey on file in the Planning Division and the conditions contained herein. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits for lighting. Such a plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 4. Applicant shall comply with the City's noise standards for any temporary generator use. 5. All roof mounted equipment shall be screened from public view. 6. The CMU wall shall be decorative materials approved by the Community Development Director. 7. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly 8 Planning Commission Resolution No. 2006-32 appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. LANDSCAPE 1. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 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 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Proposed cable installed on the exterior building wall shall be flashed, painted or treated to match the existing building and equipment. 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 9 Planning Commission Resolution No. 2006-32 drawings and calculations prepared by a California State 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 Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. 7. Separate permit shall be required for all walls, fences, and accessory structures. B. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 112 inch in any dimension except where such openings are equipped with sash or door. g. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS FOLLOW NG CONGELES DITIONS: FIRE PREVENTION FOR COMPLIANCE WITH THE 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 10 Planning Commission Resolution No. 2006-32 PLANNING COMMISSION RESOLUTION NO. 2006-32 A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2005-38 AND CATEGORICAL EXEMPTION 15301(b), A REQUEST TO APPROVE PLANS TO CONSTRUCT TWO NEW CUPOLAS WITH CONCEALED ROOF -TOP ANTENNAE OF A WIRELESS TELECOMMUNICATIONS FACILITY THAT INCLUDES EXTERIOR EQUIPMENT CABINETS AT THE REAR OF THE BUILDING BEHIND A NEW WALL WITH OVERHEAD LATTICE STRUCTURE AND ADDITIONAL PERIMETER WROUGHT IRON FENCE. THE PROJECT SITE IS ASSESSOR PARCEL NUMBERS 8285-020-004 and 8285-020- 005,2707 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765 A. RECITALS 1. The property owners, James H. and Lynette Ann Martindale, and applicant, T -Mobile, filed Development Review No. 2005-38 application for a property at 2707 S. Diamond Bar Boulevard (APN: 8285-020-004 and 005), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On August 8, 20013, 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 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 upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The commercial site is on the corner of Diamond Bar Boulevard and Fountain Springs Road and consists of two lots, Assessor Parcel Numbers 8285-020-004 and 8285-020-005 forming a square. The commercial site totals 22,207 square feet (.51 acre) in size. The existing two-story commercial office building was approved and completed in 1990. (b) The General Plan Land Use designation is Office Professional (OP). The project site is zoned Office Professional (OP). (c) To the north is residential use, Zone R-1-7,500; to the south and east is residential use, Zone R-1 -20,000; and to the west are Commercial uses, Zone C-2. (d) The Application requests approval of plans to construct two new cupolas with concealed roof -top antennae for a wireless telecommunications facility. The request also includes the exterior equipment cabinets at the rear of the building behind a new wall with overhead lattice structure and additional perimeter wrought iron fence. DEVELOPMENT REVIEW (e) 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.) On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and Planning Commission Resolution No. 2006-32 strategies. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae continue to be consistent with the General Plan, City's Municipal Code, and Design Guidelines and there are no architectural criteria for special areas. M (9) 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 project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae continues to be compatible with the characteristics of the surrounding neighborhood and continue to maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. (n) The architectural 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. The project site is an existing building and the proposed unmanned telecommunications facilities are mounted within two new cupolas and 3 Planning Commission Resolution No. 2006-32 the exterior equipment is hidden from view by a block wall with overhead trellis. The RF transparent replacement roof tile and stucco materials match the existing building. The architecturally concealed antennae continues to 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. (o) 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions set forth in the approving resolution; the Building and Safety Division; the Public Works Division; the Fire Department requirements; and FCC approval. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(b). 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the attached Standard Conditions: 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 James H. and Lynette Ann Martindale, 1340 E. Route 66, Glendora, CA 91740; Applicant, T -Mobile, 3 Imperial Promenade, #1100, Santa Ana, CA 92707; and Agent, Trillium, John Austin, 5912 Bolsa Avenue, #202, Huntington Beach, CA 92649. 4 Planning Commission Resolution No. 2006-32 APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8th day of August 2006, by the following vote: AYES: Commissioners: Lee, Wei, Torng, VC/Nelson NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: 5 Planning Commission Resolution No. 2006-32 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS COMMERCIAL REMODELED STRUCTURES PROJECT #: DEVELOPMENT REVIEW No. 2005-38 SUBJECT: Telecommunications Facility APPLICANT: T -Mobile USA LOCATION: 2707 S. Diamond Bar Boulevard ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Development Review No. 2005-38 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. (c) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 6 Planning Commission Resolution No. 2006-32 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2005-38, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006-32, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the 7 Planning Commission Resolution No. 2006-32 applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2005-38 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled as Exhibit "A" including: site plans, architectural elevations, exterior materials and colors, details, and survey on file in the Planning Division and the conditions contained herein. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits for lighting. Such a plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 4. Applicant shall comply with the City's noise standards for any temporary generator use. 5. All roof mounted equipment shall be screened from public view. 6. The CMU wall shall be decorative materials approved by the Community Development Director. 7. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly 8 Planning Commission Resolution No. 2006-32 appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E.LANDSCAPE 1. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 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 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 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 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Proposed cable installed on the exterior building wall shall be flashed, painted or treated to match the existing building and equipment. 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 9 Planning Commission Resolution No. 2006-32 drawings and calculations prepared by a California State 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 Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. 7. Separate permit shall be required for all walls, fences, and accessory structures. 8. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1 /2 inch in any dimension except where such openings are equipped with sash or door. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 10 Planning Commission Resolution No. 2006-32