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HomeMy WebLinkAboutPC 2006-50PLANNING COMMISSION RESOLUTION NO. 2006-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2006-02, DEVELOPMENT REVIEW NO. 2006-05, AND COMPREHENSIVE SIGN PROGRAM NO. 2006-01, A REQUEST TO DEMOLISH AN EXISTING SERVICE STATION BUILDING AND CANOPY AND TO REMOVE THE EXISTING UNDERGROUND, GAS PUMPS AND PAVEMENT, AND TO CONSTRUCT AN APPROXIMATELY 2945 -SQUARE -FOOT CON- VENIENCE STORE, ATTACHED 843 -SQUARE -FOOT SELF-SERVICE CARWASH, 2750 -SQUARE -FOOT CANOPY, AND FIVE PUMP ISLANDS AND TO INSTALL NEW SIGNS FOR A PROJECT LOCATED AT 150 S. DIAMOND BAR BOULEVARD (APN: 8281-024-052), DIAMOND BAR, CA. A. RECITALS The property owner and applicant, John Amabile, Chevron Products Co., has filed an application for Conditional Use Permit No. 2006-02, Development Review No. 2006-05, Comprehensive Sign Program No. 2006-01 and a Mitigated negative declaration for service station located 150 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Comprehensive Sign Program and Mitigated Negative Declaration shall be referred to as the "Application." 2 Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 33 property owners within a 500 -foot radius of the project site and posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 3 On November 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. 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 project identified above in this Resolution required a mitigated negative declaration (MND). The MND has been prepared according to the requirement of the California Environmental Quality Act Guidelines Sections 15070. The 20 -day public review period for the MND began November 6, 2006, and ended November 27, 2006. Furthermore the Planning Commission has reviewed the MND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (a) The proposed project involving demolition of an existing service station facility and construction of a new service station facility with a new convenience store, attached self-service carwash, new canopy, five pump islands is allowed in the C-3 with approval of a CUP. As conditioned, the project complies with all applicable provisions of the Development Code and Municipal Code. As conditioned, the project meets all the standards related to height, setbacks, parking, circulation, queuing area and landscaping requirements. (b) The proposed project is consistent with the General Plan Land Use Element Objective 1.3 that promotes the provision of adequate land for retail and service commercial to meet the City's needs. The proposed project will provide an expanded convenience store and carwash that will provide additional sales tax revenues for the City. The project location will take advantage of the location adjacent to the freeway on and off ramps by providing necessary services to 2 motorists. The project is also consistent with General Plan Land Use Objective 2.2 that promotes maintenance of an organized pattern of land use that minimizes conflicts between adjacent land uses. The proposed site plan is consistent with the surrounding development in that the driveway will be closely aligned with the Shell service directly across Palomino Dr. to reduce traffic conflicts in this area. The proposed architectural style of the building has similar orientation and roof line that reflects the architectural styles of other buildings in the area. Proposed landscaping for the site softens the impact of the building and gas pumps as viewed from the street. A condition of project approval has been added that requires the applicant to show that the carwash noise will be consistent with the City's noise standards and, therefore, consistent with uses on the adjacent property. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable development standards in the Development Code. The design of the convenience store and carwash buildings are compatible architecturally with existing surrounding development. The installation of landscaping throughout the project site will enhance the site and soften the appearance of the building. The proposed project involves the closing of the two existing driveways located closest to the intersection to improve traffic safety on Diamond Bar Blvd. and Palomino Dr. As conditioned the operation of the carwash will be consistent with the noise regulations in the Development Code and will not produce negative noise impacts on the surrounding neighborhood. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project 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. (e) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially 3 injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with CEQA and found that with the implementation of mitigations measures will not have a significant effect on the environment. DEVELOPMENT REVIEW The design and layout of the review applications asproject are tent followsh the findings required for approval of development re (g) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 and 2.2 as outlined in Section (b) above. As conditioned, the project is consistent with development standards of the C-3 zone. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the convenience store and carwash and provision of landscaping over that required by the Development Code. The signs provide a well-designed comprehensive plan that is consistent with the architectural style of the building. The layout of the proposed exit the site development will for fuel trucks adequate to maneuver through the site e uter and ch that exit the site a they will not interfere with other on-site traffic. (h) As discussed above in Items (a) through (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. (i) As discussed above in Item (g), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the General Plan, or City Design Guidelines. (j) As discussed above in Item (g), the design of the proposed development will provide a desirable environment for its occupants and visiting public, is Is, as well as its neighbo, through texture, and color that o od aesthetic use of matewill remain aesthetically materials, appealing. (k) Before issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the 0 Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. Comprehensive Sign Program (1) The proposed Comprehensive Sign Program consists of sign criteria for a monument and wall signs for a Chevron service station. As conditioned, all signs comply with the required development standards regarding quantity, height, sign face area and location. The proposed changes to the existing freeway sign will require submittal of a conditional use permit application before approval. (m) As referenced in Item (a) above, the proposed Comprehensive Sign Program will enhance the overall development by providing a consistent sign theme that is architecturally compatible with the commercial structures on-site and by providing a sense of order and unity. (n) The proposed Comprehensive Sign Program accommodates future revisions in that minor changes can be approved by the director and major changes may be approved by the Planning Commission. (o) As referenced in Item (a) above, the proposed Comprehensive Sign Program complies with the Development Code standards for signs and will enhance the overall commercial center by repeating the architectural design and theme of the commercial center in the design of the signs. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions, attached Standard Conditions and Mitigation Monitoring Program: a. General (1) The project shall substantially conform to title sheet, site plan, floor plan, elevations, landscape plan, comprehensive sign plan and details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. 5 (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (3) 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 grant's 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. b. Planning Division (1) The carwash operation shall comply with the City's noise standards. Before issuance of the Certificate of Occupancy, a sound test by a certified noise meter shall be conducted at the applicant's expense for the City's review and approval to ensure compliance with the City's noise standards. (2) Doors of the carwash shall remain closed between 8:00 P.M. and 7:00 a.m. (3) Carwash shall only operate between 7:00 a.m. and 8:00 p.m. (4) Before issuance of any City permits, the applicant shall provide a revised landscape plan for the Planning Division's review and approval that shows the following: (a) Additional landscaping along the Diamond Bar Blvd. frontage. (b) Additional landscaping at the base of the two monument signs. (5) All land scaping/lof the Certificate of installed Occupancy final inspection or issuance (6) Applicant shall submit a Conditional Use Permit application for the proposed changes to the freeway sign to provide a Con modernized pole sign as stated in Chapter 22.68.020(g) for the purpose of architectural integration. (7) Before issuance of building permits, applicant shall provide a revised comprehensive sign plan to the Planning Division for review and approval showing the following revisions: (a) Removal of the three smaller signs on the business identification monument sign that read "ATM", "FastPay", and "Van Houtte Fine Coffees". (b) The business identification monument sign located 10 feet or more from the street side property line. (c) Applicant shall reduce the number of wall signs to a total of four to be in compliance with development standards pertaining to walls signs. (8) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (9) Prior to issuance of building permits, the applicant shall submit plans to the Planning Division for updating the existing pole/freeway sign. The existing pole sign shall be designed to be architecturally compatible to the building design. A Conditional Use Permit is required in accordance to Chapter 22.36 and 22.68. (10) Any exterior equipment such as electrical box for the building shall be architecturally integrated with the design of the building. (11) Before issuance of a building permit for the project, a permit from the SCAQMD, in accordance to Rules 201 and 203, shall be obtained to construct and operate gas stations shall be obtained. (12) If during grading archaeological resources are encountered, construction activities in the area of the find must be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (13) If during grading paleontological resources are encountered, construction activities in the area of the find must be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 7 (14) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be 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. (15) If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off- site by a properly licensed hazardous waste hauler, who must uin nder t'e 49 CFR 171-m179 the 1tof Transportation and under 40 CFR regulations 263 (Subtitle C of RCRA). (16) If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. (17) Before issuance of a demolition permit by the Building and Safety Division, the applicant shall provide a copy of the demolition notification from the SCAQMD. In compliance with SCAQMD regulations, the applicant is required to show compliance with regulations for asbestos and lead paint removal. (18) Before issuance of grading permits, the applicant/developer shall provide a truck route for the operation of trucks carrying demolition material that avoids all local streets including Palomino Drive. (19) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. (20) The project contractor must pay a connection fee to the County Sanitation Districts of Los Angeles County. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. This connection fee is required to construct incremental expansions to the sewerage system. C. Public Works Department W, (21) "No stopping" prohibitions shall be provided on Palomino Drive along the project frontage. (22) The carwash facility shall be self service only and shall not have any employees that are part of the carwash operation including, but not limited to, assist in cleaning, wiping down, etc. (23) There shall be only one driveway on Palomino Drive and Diamond Bar Boulevard as shown on the approved site plan. Before issuance of any City permits, the applicant shall provide improvement plans for review and approval of the Public Works Director that shows the one driveway for Chevron and the one driveway for Shell on Palomino Drive that are opposite each other align; with the centerline of each driveway aligning .with each other. Any variation on the alignments shall be approved by the Public Works Director. (24) Before issuance of any City permits, the applicant shall submit a revised Traffic Impact Analysis report with the following revisions: (a) Figure 3 at the intersection "2" shows a northeast bound through lane to the curb that shall be changed to a right turn arrow on the figure. (b) Modifications to the appropriate Tables shall reflect the ICU correction noted above. (c) In Table XV, applicant shall add a footnote indicating the "-.001" for Diamond Bar Blvd./Golden Springs. (d) Page 30, number shall indicate "less" trips rather than additional, with the added explanation that for purposes of this study, no reduction is anticipated. (e) Any required on-site striping and signing shall be detailed on the site plan or the TIA. (25) Prior to final inspection, all driveway approaches shall be upgraded to comply with Americans with Disabilities Act (ADA) E of 1990 requirementsalk . Addalll , driveway closures shall comply with the City (26) Prior to final inspection, any curbs, sidewalks, driveway approaches, pavement, traffic signals, etc. damaged due to construction activities shall be repaired or replaced to the satisfaction of the Public Works Director. (27) Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. In accordance to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. d. Building and Safety Division (28) Fire Department approval is required. (29) This project shall comply with the provisions of the 2001 California Building Code. (30) Applicant shall provide code analysis for the proposed project including location of car wash wall at the property line, exit analysis, occupant load, exit sign, etc. (31) The minimum design load for wind in this area is 80 M.P.H. exposures "C". (32) Applicant shall use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (33) This project shall comply with the energy conservation requirements of the State of California Energy commission. Car wash shall comply with water conservation (Water recirculation requirements.) 10 (34) This project shall comply with all title 24 accessibility requirements including accessible parking, path of travel from public street to the property, accessible restrooms, drinking fountains, etc. (35) The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) (36) Applicant shall check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. (37) Applicant shall specify location of tempered glass as required by code. (38) Applicant shall specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. (39) Kitchen and bathroom lights shall be fluorescent. (40) All kitchens shall be equipped with grease interceptors. (41) All food establishments shall obtain Los Angeles County health and environmental waste permits (42) Applicant shall submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations (if any). (43) Wall signs and Monument signs shall be under separate permit (44) Before issuance of any City permits, applicant shall obtain demo permit. Before submittal of plans for plan check, applicant shall obtain all applicable SCAQMD clearances. (45) Applicant shall consult with traffic Engineer for car wash turning radius. (46) Before issuance of City permits, applicant shall submit a certificate for underground contamination clearance. (47) Applicant shall provide 90% compaction certificate after the removal of the underground tanks. (48) Applicant shall obtain all Fire Department and Building and Safety Department and Engineering Department approvals for the removal and installation of the underground tanks. 11 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: John Amabile, Chevron Products Co., 145 S. State College Boulevard, Brea, CA 92822. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: eve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, 28th dayassed, and adopted, at a regular of November 2006, by the following meetingofthe Planning Commission held on the AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Lee; Nolan; Wei; Chair/Nelson None_ VC/Torng None ATTEST: Nancy Fong, S re ary 12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-02 Development Review No. 2006-05, Comprehensive Sign Plan No 2006-01 and Mitigated negative declaration SUBJECT: Service station remodel consisting of demolition of existing service station building canopy and pavement and removal of underground tanks and existing pump islands and construction of an approximately 2945 -square -foot convenience store attached 843 -square -foot self- service carwash, 2750 -square -foot canopy, and installation of five Pump islands and three underground storage tanks and new signs APPLICANT: John Amabile Chevron Products Co LOCATION: 150 S. Diamond Bar Boulevard. Bar CA 91765 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 Conditional Use Permit No.2006-02, Development Review No. 2006-05 and Variance No. 2006-01 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 13 City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit 2006-02, Development Review No. 2006-05 and Comprehensive Sign Plan 2006-01, 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 the Planning Commission Resolution No. 2006-50, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 14 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 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 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 Conditional Use Permit No.2006-02, Development Review No. 2006-05, and Comprehensive Sign Program No. 2006-01 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 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 and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 15 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 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. APPLICANT SHALL CONTACT THE OWING CONDITIONS: RTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING A. GENERAL I , An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1St and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and/or construction activities and d nheequipment transportation hall f be lient mited to and materials and operation of heavy grading q P between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE 1. Detailed drainage plan shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 16 2. Before issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles County Public Works Department. C. OFF-SITE STREET IMPROVEMENTS The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Curb ramps shall be reconstructed to current ADA compliance standards. 3. Street improvement plans in a 24" x 36" sheet format prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall no exceed a maximum slope of 12 percent. 4. Applicant shall show sidewalk, curb, gutter and driveway improvements. Plans shall be reviewed and approved and permits issued by Public Works Engineering Dept.. Improvements shall be completed before certificate of occupancy issuance. D. TRAFFIC MITIGATION A traffic impact analysis report shall be submitted for review and approval by the City. Such report shall address on-site circulation and parking requirements. 2. All traffic improvements shall be implemented and constructed in accordance with the traffic report dated July 31, 2006, and as amended herein and conditions of project approval for Conditional Use Permit No. 2006-02, Development Review No. 2006-05 and Comprehensive Sign Plan No. 2006-01 before issuance of the certificate of occupancy. 17 APPLICANT SHALL CONTACT THE BUILDING FOLLOW NG GOND SAFETY ONS VISION, (909) 839-7020, FOR COMPLIANCE WITH THE Calif 1. Plans shall conform to State and Local uCali o n ailding Code Melchan0al Code�and Building Code, California Plumbing Code the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. orm 2. Occupancy of the facilities shall Mlarshalcommence regulationssuch havetime been metnifThe Building Code and State Fire. antennas/monoelm and equpment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind w�ethis applicant 0nshall submit drawings and the site is within seismic zone oour and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. 5. 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 CON 1. Emergency access shall be provied, strucfion in ataining ccordanree and ce with Fir Department 28 foot at all times during con requirements. 2. Prior to the issuance of any building pe Department mits for bhat'bemporary water le construction, evidence shall be submitted supply for fire protection is available pending completion of the required fire protection system. 3. Fire flow shall be 2000 GPM. 4. Hydrants shall be within 200' of frontage. 5. Proper permits shall be obtained for removal of underground tanks. END lu; PLANNING COMMISSION RESOLUTION NO. 2006-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2006-02, DEVELOPMENT REVIEW NO. 2006-05, AND COMPREHENSIVE SIGN PROGRAM NO. 2006-01, A REQUEST TO DEMOLISH AN EXISTING SERVICE STATION BUILDING AND CANOPY AND TO REMOVE THE EXISTING UNDERGROUND, GAS PUMPS AND PAVEMENT, AND TO CONSTRUCT AN APPROXIMATELY 2945 -SQUARE -FOOT CON- VENIENCE STORE, ATTACHED 843 -SQUARE -FOOT SELF-SERVICE CARWASH, 2750 -SQUARE -FOOT CANOPY, AND FIVE PUMP ISLANDS AND TO INSTALL NEW SIGNS FOR A PROJECT LOCATED AT 150 S. DIAMOND BAR BOULEVARD (APN: 8281-024-052), DIAMOND BAR, CA. A. RECITALS The property owner and applicant, John Amabile, Chevron Products Co., has filed an application for Conditional Use Permit No. 2006-02, Development Review No. 2006-05, Comprehensive Sign Program No. 2006-01 and a Mitigated negative declaration for service station located 150 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Comprehensive Sign Program and Mitigated Negative Declaration shall be referred to as the "Application." 2 Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 33 property owners within a 500 -foot radius of the project site and posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. 3 On November 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. 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 project identified above in this Resolution required a mitigated negative declaration (MND). The MND has been prepared according to the requirement of the California Environmental Quality Act Guidelines Sections 15070. The 20 -day public review period for the MND began November 6, 2006, and ended November 27, 2006. Furthermore the Planning Commission has reviewed the MND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (a) The proposed project involving demolition of an existing service station facility and construction of a new service station facility with a new convenience store, attached self-service carwash, new canopy, five pump islands is allowed in the C-3 with approval of a CUP. As conditioned, the project complies with all applicable provisions of the Development Code and Municipal Code. As conditioned, the project meets all the standards related to height, setbacks, parking, circulation, queuing area and landscaping requirements. (b) The proposed project is consistent with the General Plan Land Use Element Objective 1.3 that promotes the provision of adequate land for retail and service commercial to meet the City's needs. The proposed project will provide an expanded convenience store and carwash that will provide additional sales tax revenues for the City. The project location will take advantage of the location adjacent to the freeway on and off ramps by providing necessary services to 2 motorists. The project is also consistent with General Plan Land Use Objective 2.2 that promotes maintenance of an organized pattern of land use that minimizes conflicts between adjacent land uses. The proposed site plan is consistent with the surrounding development in that the driveway will be closely aligned with the Shell service directly across Palomino Dr. to reduce traffic conflicts in this area. The proposed architectural style of the building has similar orientation and roof line that reflects the architectural styles of other buildings in the area. Proposed landscaping for the site softens the impact of the building and gas pumps as viewed from the street. A condition of project approval has been added that requires the applicant to show that the carwash noise will be consistent with the City's noise standards and, therefore, consistent with uses on the adjacent property. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable development standards in the Development Code. The design of the convenience store and carwash buildings are compatible architecturally with existing surrounding development. The installation of landscaping throughout the project site will enhance the site and soften the appearance of the building. The proposed project involves the closing of the two existing driveways located closest to the intersection to improve traffic safety on Diamond Bar Blvd. and Palomino Dr. As conditioned the operation of the carwash will be consistent with the noise regulations in the Development Code and will not produce negative noise impacts on the surrounding neighborhood. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project 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. (e) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially 3 injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with CEQA and found that with the implementation of mitigations measures will not have a significant effect on the environment. DEVELOPMENT REVIEW The design and layout of the proposed project are consistent with the findings required for approval of development review applications as follows: (g) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistentwith the General Plan Land Use Element Objectives 1.3 and 2.2 as outlined in Section (b) above. As conditioned, the project is consistent with development standards of the C-3 zone. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the convenience store and carwash and provision of landscaping over that required by the Development Code. The signs provide a well-designed comprehensive plan that is consistent with the architectural style of the building. The layout of the proposed development will provide adequate space for vehicles to enter and exit the site and for fuel trucks to maneuver through the site such that they will not interfere with other on-site traffic. (h) As discussed above in Items (a) through (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. U) As discussed above in Item (g), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the General Plan, or City Design Guidelines. As discussed above in Item (g), 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. (k) Before issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the 4 Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. Comprehensive Sign Program (I) (m) The proposed Comprehensive Sign Program consists of sign criteria for a monument and wall signs for a Chevron service station. As conditioned, all signs comply with the required development standards regarding quantity, height, sign face area and location. The proposed changes to the existing freeway sign will require submittal of a conditional use permit application before approval. As referenced in Item (a) above, the proposed Comprehensive Sign Program will enhance the overall development by providing a consistent sign theme that is architecturally compatible with the commercial structures on-site and by providing a sense of order and unity. (n) The proposed Comprehensive Sign Program accommodates future revisions in that minor changes can be approved by the director and major changes may be approved by the Planning Commission. (o) As referenced in Item (a) above, the proposed Comprehensive Sign Program complies with the Development Code standards for signs and will enhance the overall commercial center by repeating the architectural design and theme of the commercial center in the design of the signs. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions, attached Standard Conditions and Mitigation Monitoring Program: a. General (1) The project shall substantially conform to title sheet, site plan, floor plan, elevations, landscape plan, comprehensive sign plan and details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. 5 (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. (3) 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 grant's 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. b. Planning Division (1) The carwash operation shall comply with the City's noise standards. Before issuance of the Certificate of Occupancy, a sound test by a certified noise meter shall be conducted at the applicant's expense for the City's review and approval to ensure compliance with the City's noise standards. (2) Doors of the carwash shall remain closed between 8:00 p.m. and 7:00 a.m. (3) (4) (5) Carwash shall only operate between 7:00 a.m. and 8:00 p.m. Before issuance of any City permits, the applicant shall provide a revised landscape plan for the Planning Division's review and approval that shows the following: (a) Additional landscaping along the Diamond Bar Blvd. frontage. (b) Additional landscaping at the base of the two monument signs. All landscaping/irrigation shall be installed prior to final inspection or issuance of the Certificate of Occupancy. (6) Applicant shall submit a Conditional Use Permit application for the proposed changes to the freeway sign to provide a 6 modernized pole sign as stated in Chapter 22.68.020(g) for the purpose of architectural integration. (7) Before issuance of building permits, applicant shall provide a revised comprehensive sign plan to the Planning Division for review and approval showing the following revisions: (a) Removal of the three smaller signs on the business identification monument sign that read "ATM", "FastPay", and "Van Houtte Fine Coffees". (b) The business identification monument sign located 10 feet or more from the street side property line. (c) Applicant shall reduce the number of wall signs to a total of four to be in compliance with development standards pertaining to walls signs. (8) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (9) Prior to issuance of building permits, the applicant shall submit plans to the Planning Division for updating the existing pole/freeway sign. The existing pole sign shall be designed to be architecturally compatible to the building design. A Conditional Use Permit is required in accordance to Chapter 22.36 and 22.68. (10) Any exterior equipment such as electrical box for the building shall be architecturally integrated with the design of the building. (11) Before issuance of a building permit for the project, a permit from the SCAQMD, in accordance to Rules 201 and 203, shall be obtained to construct and operate gas stations shall be obtained. (12) If during grading archaeological resources are encountered, construction activities in the area of the find must be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (13) If during grading paleontological resources are encountered, construction activities in the area of the find must be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 7 (14) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be 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. (15) If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off- site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 CFR 263 (Subtitle C of RCRA). (16) If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. (17) Before issuance of a demolition permit by the Building and Safety Division, the applicant shall provide a copy of the demolition notification from the SCAQMD. In compliance with SCAQMD regulations, the applicant is required to show compliance with regulations for asbestos and lead paint removal. (18) Before issuance of grading permits, the applicant/developer shall provide a truck route for the operation of trucks carrying demolition material that avoids all local streets including Palomino Drive. (19) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. (20) The project contractor must pay a connection fee to the County Sanitation Districts of Los Angeles County. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. This connection fee is required to construct incremental expansions to the sewerage system. c. Public Works Department 8 (21) "No stopping" prohibitions shall be provided on Palomino Drive . along the project frontage. (22) The carwash facility shall be self service only and shall not have any employees that are part of the carwash operation including, but not limited to, assist in cleaning, wiping down, etc. (23) There shall be only one driveway on Palomino Drive and Diamond Bar Boulevard as shown on the approved site plan. Before issuance of any City permits, the applicant shall provide improvement plans for review and approval of the Public Works Director that shows the one driveway for Chevron and the one driveway for Shell on Palomino Drive that are opposite each other align; with the centerline of each driveway aligning .with each other. Any variation on the alignments shall be approved by the Public Works Director. (24) Before issuance of any City permits, the applicant shall submit a revised Traffic Impact Analysis report with the following revisions: (a) Figure 3 at the intersection "2" shows a northeast bound through lane to the curb that shall be changed to a right turn arrow on the figure. (b) Modifications to the appropriate Tables shall reflect the ICU correction noted above. (c) In Table XV, applicant shall add a footnote indicating the "-.001" for Diamond Bar Blvd./Golden Springs. (d) Page 30, number 4 shall indicate "less" trips rather than additional, with the added explanation that for purposes of this study, no reduction is anticipated. (e) Any required on-site striping and signing shall be detailed on the site plan or the TIA. (25) Prior to final inspection, all driveway approaches shall be upgraded to comply with Americans with Disabilities Act (ADA) 9 of 1990 requirements. Additionally, driveway closures shall comply with the City's sidewalk standards. (26) Prior to final inspection, any curbs, sidewalks, driveway approaches, pavement, traffic signals, etc. damaged due to construction activities shall be repaired or replaced to the satisfaction of the Public Works Director. (27) Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. In accordance to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. d. Building and Safety Division (28) Fire Department approval is required. (29) This project shall comply with the provisions of the 2001 California Building Code. (30) Applicant shall provide code analysis for the proposed project including location of car wash wall at the property line, exit analysis, occupant load, exit sign, etc. (31) The minimum design load for wind in this area is 80 M.P.H. exposures "C". (32) Applicant shall use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (33) This project shall comply with the energy conservation requirements of the State of California Energy commission. Car wash shall comply with water conservation, (Water recirculation requirements.) 10 (34) This project shall comply with all title 24 accessibility requirements including accessible parking, path of travel from public street to the property, accessible restrooms, drinking fountains, etc. (35) The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) (36) Applicant shall check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. (37) Applicant shall specify location of tempered glass as required by code. (38) Applicant shall specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. (39) Kitchen and bathroom lights shall be fluorescent. (40) All kitchens shall be equipped with grease interceptors. (41) All food establishments shall obtain Los Angeles County health and environmental waste permits (42) Applicant shall submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations (if any). (43) Wall signs and Monument signs shall be under separate permit (44) Before issuance of any City permits, applicant shall obtain demo permit. Before submittal of plans for plan check, applicant shall obtain all applicable SCAQMD clearances. (45) Applicant shall consult with traffic Engineer for car wash turning radius. (46) Before issuance of City permits, applicant shall submit a certificate for underground contamination clearance. (47) Applicant shall provide 90% compaction certificate after the removal of the underground tanks. (48) Applicant shall obtain all Fire Department and Building and Safety Department and Engineering Department approvals for the removal and installation of the underground tanks. 11 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: John Amabile, Chevron Products Co., 145 S. State College Boulevard, Brea, CA 92822. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 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 28th day of November 2006, by the following vote: AYES: Commissioners: Lee; Nolan; Wei; Chair/Nelson NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: None VC/Torng None 12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-02, Development Review No. 2006-05, Comprehensive Sign Plan No. 2006-01 and Mitigated negative declaration SUBJECT: Service station remodel consisting of demolition of existing service station building, canopy and pavement, and removal of underground tanks and existing pump islands and construction of an approximately 2945 -square -foot convenience store, attached 843 -square -foot self- service carwash, 2750 -square -foot canopy, and installation of five pump islands and three underground storage tanks, and new signs. APPLICANT: John Amabil e Chevron Products Co LOCATION: 150 S. Diamond Bar Boulevard. Bar, CA 91765 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 Conditional Use Permit No.2006-02, Development Review No. 2006-05 and Variance No. 2006-01 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 13 City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit 2006-02, Development Review No. 2006-05 and Comprehensive Sign Plan 2006-01, 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 the Planning Commission Resolution No. 2006-50, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 14 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 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 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 Conditional Use Permit No.2006-02, Development Review No. 2006-05, and Comprehensive Sign Program No. 2006-01 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 and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. :2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 15 3. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and/or construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE 1 Detailed drainage plan shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 16 2. Before issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles County Public Works Department. C. OFF-SITE STREET IMPROVEMENTS 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Curb ramps shall be reconstructed to current ADA compliance standards. 3. Street improvement plans in a 24" x 36" sheet format prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall no exceed a maximum slope of 12 percent. 4. Applicant shall show sidewalk, curb, gutter and driveway improvements. Plans shall be reviewed and approved and permits issued by Public Works Engineering Dept.. Improvements shall be completed before certificate of occupancy issuance. D. TRAFFIC MITIGATION 1. A traffic impact analysis report shall be submitted for review and approval by the City. Such report shall address on-site circulation and parking requirements. 2. All traffic improvements shall be implemented and constructed in accordance with the traffic report dated July 31, 2006, and as amended herein and conditions of project approval for Conditional Use Permit No. 2006-02, Development Review No. 2006-05 and Comprehensive Sign Plan No. 2006-01 before issuance of the certificate of occupancy. 17 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official'. 5. 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. 3. Fire flow shall be 2000 GPM. 4. Hydrants shall be within 200' of frontage. 5. Proper permits shall be obtained for removal of underground tanks. END 18