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HomeMy WebLinkAboutPC 2006-51PLANNING COMMISSION RESOLUTION NO. 2006-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING NEGATIVE DECLARATION NO. 2006-04AND APPROVING CONDITIONAL USE PERMIT NO. 2005-07, DEVELOPMENT REVIEW NO. 2005-36, MINOR VARIANCE NO. 2006-05 AND COMPREHENSIVE SIGN PROGRAM NO. 2006-06, A REQUEST TO REMODEL AND ENLARGE EXISTING SERVICE STATION BY EXPANDING THE CONVENIENCE MART, ADDING A DRIVE-THRU CARWASH AND INSTALLING NEW SIGNS FOR A PROJECT LOCATED AT 206 S. DIAMOND BAR BOULEVARD (APN: 8281-010-049). DIAMOND BAR, CA. A. RECITALS The property owner, Sam Anabi, Anabi Oil Corporation and applicant, Western States Engineering, Inc. have filed an application for Conditional Use Permit No. 2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05, Comprehensive Sign Program No. 2006-06 and Negative Declaration No. 2006-04 for service station located 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Minor Variance, Comprehensive Sign Program and Negative Declaration shall be referred to as the "Application." 2 On November 6, 2006, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 2, 2006, public hearing notices were mailed to approximately 391 property owners within a 1,000 -foot radius of the project site and the public notice posted at the City's designated community posting sites. Furthermore, on November 2, 2006, 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 Negative Declaration (ND). ND No. 2006-04 has been prepared according to the requirement of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15303 (d) of the CEQA Guidelines. The 20 day public review period for the ND began November 6, 2006 and ended November 25, 2006. Furthermore the Planning Commission has reviewed the ND 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 (a) The proposed addition of a 720 square foot drive-thru carwash at the rear of the convenience mart to an existing service station may be allowed in the C-3 zoning district with the approval of a Conditional Use Permit. The carwash addition, as conditioned, complies with all applicable provision of the Development Code and Municipal Code. It meets all the standards related to height, setbacks, parking, circulation, queuing area and landscaping requirements with the approval of a Minor Variance discussed below in this resolution. (b) The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed project provides for retail and service commercial uses that are revenue generating to meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent 2 exemplary design." The proposed project meets this criterion. It is consistent with the City' Design Guidelines in that the exterior design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Vons and Taco Bell located adjacent to the project site. It will also be consistent with the proposed Chevron project located on the north side of Palomino Drive. There is not an applicable specific plan for this project. (c) As discussed in Items (a) and (b) above, the proposed project's design, location, size and operating characteristics are compatible with the existing and future land uses in the vicinity. In addition, the remodeling of the service station along with the carwash addition changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed for the front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. Furthermore, the existing gas station currently operates 24 hours each day, selling gasoline, food, beer, wine and miscellaneous items. The business will continue to operation 24 hours a day with the exception of the carwash. According to the City's noise standards and as conditioned in this resolution the proposed drive-thru carwash can only operate between 7:00 a.m. and 8:00 p.m. Equipment for the carwash includes a water sprayer and forced air blower. The carwash uses reclaimed water and a clarifier prior to the water entering the sewer system. The forced air blower is required to comply with the City's noise standards. Doors are required to close while a car is being washed. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. Currently, the project site has four driveways, two located on the north side (Palomino Drive) and two located on the west side (Diamond Bar Boulevard). In order to improve on and off-site traffic circulation, the driveway located on the north side and closest to the corner will be removed. The second driveway will remain. It will be widened and aligned with the Chevron station driveway to the north. The closure of the driveway closest to the corner and alignment of the second driveway will shift the left hand turn movement further away from the corner and cause less traffic congestion at the intersection and 3 improve the left hand turn movements in general. The two driveways on Diamond Bar Boulevard will remain. The driveway closest to the corner at Diamond Bar Boulevard/Palomino Drive is necessary because the fuel trucks can not make the turning radius or fit under the canopy. (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) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. 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. DEVELOPMENT REVIEW (f) The project site is approximately 22,670 square feet and developed with a Shell service station constructed in 1970. The station has a fuel island with six pumps, three service bays and convenience mart. The proposed project consist of remodeling and enlarging existing service station as follows: demolish one service bay; expand the existing convenience mart to a total of 1,700 square feet; adding a drive-thru carwash of 720 square feet and changing the architecture. The project meets the City's development standards with the exception of the percentage of landscaping provided. (See Minor Variance discussion.) The remodeling of the service station changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed for the front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed project provides for retail and service commercial uses that are revenue generating to 4 meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design." The proposed project meets this criterion. The proposed project is consistent with the City' Design Guidelines in that the exterior design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Vons and Taco Bell located adjacent to the project site. (g) 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 (h) As discussed above in Item (f), 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 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. (i) As discussed above in Item (f), 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. (j) Prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. 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. 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. MINOR VARIANCE (k) The purpose of a Minor Variance is to allow for a deviation from specified development standards (i.e., height, setbacks, distance between structures, etc.) which can not be met due to special 5 circumstances applicable to the property such as location, shape, . surrounding, topography or other conditions; and when unreasonable regulations make it obviously impractical to require compliance with required development standards. The project site was developed in 1970 under Los Angeles Country's jurisdiction with landscape requirements below the City's standards. The proposed project consists of the refurbishing of an existing service station and adding a drive-thru carwash which often occurs with service stations. The City's code requires that 15 percent of a project site. As proposed, 13 percent of the project site will be landscaped. Additional landscaping is added by removing the two parking spaces not required adjacent to the public right-of-way, by removing one driveway and by adding a planting area adjacent to the carwash entrance and exit. Because the proposed project is working with an existing building and gas island with a canopy, there is not an opportunity to relocate structures and provide more landscaping. To provide additional landscaping, the applicant had to work around the existing development. (1) Granting the Minor Variance allows the applicant to refurbish the project site and add retail and service commercial uses that are revenue generating to meet the City's needs. It will also provide a project that yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design as set forth in the City's General Plan. (m) As referenced in Item (1) above, granting the Minor Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) Before the issuance of any City permits, the proposed project is required to comply with: all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division and Fire Department requirements. 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. Comprehensive Sign Program (o) The proposed Comprehensive Sign Program consists of sign criteria for a monument and wall signs for a Shell service station. All signs comply with the required development standards regarding quantity, height, sign face area and location. The proposed monument signs will be internally illuminated. The face of the sign will have the Shell logo, gasoline prices and carwash identification. The base and support columns will be faced with stone used on the convenience mart building. The monument sign will be architecturally integrated with the project by its design, materials and colors used which match the convenience mart building. Red channel letters which reflect Shell corporate color will be used for the wall signs and all wall signs will be illuminated. Therefore, proposed Comprehensive Sign Program satisfies the purpose of Chapter 22.36 of the Diamond Bar Development Code and the intent as Section 22.36.060, (p) 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 u n ity. (q) 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. (r) 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: a. General (1) The project shall substantially conform to Title Sheet, Site Plan, Floor Plan, Elevations, Landscape Plan, and Details referenced herein as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. (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. 7 (3) If the Department of Fish and Game determines that Fish this Game Code Section 711.4 applies to the app 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 forced air blower shall comply with the City's noise standards. Prior to the 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) The driveway located on the north side of the project site adjacent to Palomino Drive and closest to the corner shall be removed. (5) The second driveway located on the north side of the project site adjacent to Palomino Drive shall remain. It shall be widened and aligned with the Chevron station driveway to the north. Prior to plan check submittal, the applicant shall provide a detail site plan reflecting the driveway changes for the City's review and approval. (6) Prior to the 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) Removal of all the pine trees located on the subject property adjacent to the property lines and installation of 36 inch box size Scarlet Red Crepe Myrtle trees planted 15 feet on center. 0 (b) Removal of planter walls adjacent to the public right -of way and the leveling of the planting areas with the sidewalk. (c) Provide a 20 foot landscape setback behind the sidewalk located between the southern most driveway adjacent to Diamond Bar Boulevard and south property line, thereby eliminating parking space labeled as "9" on Exhibit "A"/Site Plan. (d) Expand the landscape area where the proposed monument sign will be located to ensure the monument sign will be at least 10 feet from the ultimate right-of- way and the clear line -of -sight for vehicular movement is not blocked. (7) All landscaping/irrigation shall be installed prior to final inspection or issuance of the Certificate of Occupancy. (8) Future changes to the location of the underground fuel tanks and fuel island with canopy shall be reviewed and approved by the Planning Division. At that time, closure of the Diamond Bar Boulevard driveway closest to the intersection of Diamond Bar Boulevard/Palomino Drive shall be reviewed and approved by the City. (9) The stucco color used for fuel island canopy shall match the stucco color of the convenience mart/carwash building. (10) The electrical box located at the rear of the convenience mart/carwash building shall be' architecturally integrated with the design of said building, Prior to plan check submittal, the applicant shall submitted revised elevations using but not limited to tile roof, stucco, cornice, moldings, etc. for the Planning Division review and approval. (11) Prior to issuance of construction permits, the applicant shall work with the Planning Division to modernize the existing pole sign as stated in Chapter 22.68.020(g) for the purpose of architectural integration through the Minor Conditional Use Permit process. (12) Prior to plan check, the applicant shall submit a revised elevation of the proposed monument sign. The revised elevation shall show a cornice on top of the sign for Planning Division review and approval. we, (13) Prior to plan check submittal, the applicant shall submit a revised site plan that modifies the turning radius at the entrance of the carwash for Planning Division review and approval. The turning radius shall be modified in a manner that improves the turning maneuverability when entering the carwash. C. Public Works Department (1 } Prior to the issuance of any City permits, the applicant shall provide evidence on the improvement plans that site distance for each access with respect to the California Department of Transportation/City of Diamond Bar standards are met. (2) Prior to the issuance of any City permits and on detailed construction plans the applicant shall provide the type and location of on-site traffic signs and striping to the satisfaction of the Public Works Director. (3) Prior to final inspection or issuance of the Certificate of Occupancy, applicant shall provide "No Stopping" prohibitions on Palomino Drive to the satisfaction of the Public Works Director (4) Prior to the 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 Shell and the one driveway for Chevron on Palomino Drive which 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. (5) In Figure 25 at intersection "Y of the traffic impact analysis, the westbound left and through volumes and northbound through volumes and right volumes are reversed. If correcting the figures causes a "fair share" contribution from the applicant, this contribution shall be paid to the City prior to occupancy. (6) Prior to final inspection, all driveway approaches shall be upgraded to comply with Americans with Disabilities Act (ADA) 10 of 1990 requirements. Additionally, driveway closures shall comply with the City's sidewalk standards. (7) 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. (8) Prior to issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. The applicant shall also provide a detailed drainage plan for the City's review and approval. All existing curbs and gutter site drainage shall be directed underneath the sidewalk to parkway drains. Installation of such parkway drains shall be performed to the satisfaction of the Public Works Director. d. Building and Safety Division (1) Fire Department approval is required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Kitchen shall be equipped with grease interceptors. (4) Food mart shall obtain County health and environmental waste permits. (5) Bathroom lights shall be fluorescent. (6) Shall provide tempered glass as required by code. (7) Project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, counter height, restrooms, drinking fountains, etc. 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: Sam Anabi, Anabi Oil Corporation, 1224 San Dimas Canyon Road, San Dimas, Ca 91773 and Western States Engineering, Inc., 4887 E. La Palma Avenue, Suite 707, Anaheim, CA. 92807 11 APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, da a6lat a regular 'ng votef the Planning Commission held on the 28th y of November 200, by the following AYES: Commissioners: Lee; Nolan; Weis Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: vC/Torng ABSTAIN: Commissioners: None ATTEST: 12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2005-07 Development Review No. 2005-36 Minor Variance No. 2006-05 and Negative Declaration No. 2006-04 SUBJECT: Remodel, enlargement of an existing service station and the addition of a drive-thru carwash and installation of new signs. APPLICANT: Sam Anabi, Anabi Oil Corporation and Western States Engineering Tn_ LOCATION: 206 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. 2005-07, Development Review No. 2005-36 and Variance No. 2006-05 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. 13 (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 No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the 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. 2006-51, 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. g. 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. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 14 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.2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05 and Comprehensive Sign Program shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one yeartime 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 referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, 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. 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. 15 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. APPLICANT SHALL CONTACT DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL I. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 15t 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. SOILS REPORT/GRADINGIRETAINING WALLS All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City permits. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 16 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the contractor, applicant, and city inspector at least 48 hours prior to commencing construction. 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 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: 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 17 PLANNING COMMISSION RESOLUTION NO. 2006-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING NEGATIVE DECLARATION NO. 2006-04 AND APPROVING CONDITIONAL USE PERMIT NO. 2005-07, DEVELOPMENT REVIEW NO. 2005-36, MINOR VARIANCE NO. 2006-05 AND COMPREHENSIVE SIGN PROGRAM NO. 2006-06, A REQUEST TO REMODEL AND ENLARGE EXISTING SERVICE STATION BY EXPANDING THE CONVENIENCE MART, ADDING A DRIVE-THRU CARWASH AND INSTALLING NEW SIGNS FOR A PROJECT LOCATED AT 206 S. DIAMOND BAR BOULEVARD (APN: 8281-010-049). DIAMOND BAR, CA. A. RECITALS 1 The property owner, Sam Anabi, Anabi Oil Corporation and applicant, Western States Engineering, Inc. have filed an application for Conditional Use Permit No. 2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05, Comprehensive Sign Program No. 2006-06 and Negative Declaration No. 2006-04 for service station located 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Minor Variance, Comprehensive Sign Program and Negative Declaration shall be referred to as the "Application." 2 On November 6, 2006, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 2, 2006, public hearing notices were mailed to approximately 391 property owners within a 1,000 -foot radius of the project site and the public notice posted at the City's designated community posting sites. Furthermore, on November 2, 2006, 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 Negative Declaration (ND). ND No. 2006-04 has been prepared according to the requirement of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15303 (d) of the CEQA Guidelines. The 20 day public review period for the ND began November 6, 2006 and ended November 25, 2006. Furthermore the Planning Commission has reviewed the ND 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 (a) The proposed addition of a 720 square foot drive-thru carwash at the rear of the convenience mart to an existing service station may be allowed in the C-3 zoning district with the approval of a Conditional Use Permit. The carwash addition, as conditioned, complies with all applicable provision of the Development Code and Municipal Code. It meets all the standards related to height, setbacks, parking, circulation, queuing area and landscaping requirements with the approval of a Minor Variance discussed below in this resolution. (b) The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed project provides for retail and service commercial uses that are revenue generating to meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent 2 exemplary design." The proposed project meets this criterion. It is consistent with the City' Design Guidelines in that the exterior design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Vons and Taco Bell located adjacent to the project site. It will also be consistent with the proposed Chevron project located on the north side of Palomino Drive. There is not an applicable specific plan for this project. (c) As discussed in Items (a) and (b) above, the proposed project's design, location, size and operating characteristics are compatible with the existing and future land uses in the vicinity. In addition, the remodeling of the service station along with the carwash addition changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed for the front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. Furthermore, the existing gas station currently operates 24 hours each day, selling gasoline, food, beer, wine and miscellaneous items. The business will continue to operation 24 hours a day with the exception of the carwash. According to the City's noise standards and as conditioned in this resolution the proposed drive-thru carwash can only operate between 7:00 a.m. and 8:00 p.m. Equipment for the carwash includes a water sprayer and forced air blower. The carwash uses reclaimed water and a clarifier prior to the water entering the sewer system. The forced air blower is required to comply with the City's noise standards. Doors are required to close while a car is being washed. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. Currently, the project site has four driveways, two located on the north side (Palomino Drive) and two located on the west side (Diamond Bar Boulevard). In order to improve on and off-site traffic circulation, the driveway located on the north side and closest to the corner will be removed. The second driveway will remain. It will be widened and aligned with the Chevron station driveway to the north. The closure of the driveway closest to the corner and alignment of the second driveway will shift the left hand turn movement further away from the corner and cause less traffic congestion at the intersection and 3 improve the left hand turn movements in general. The two driveways on Diamond Bar Boulevard will remain. The driveway closest to the corner at Diamond Bar Boulevard/Palomino Drive is necessary because the fuel trucks can not make the turning radius or fit under the canopy. (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) Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. 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. DEVELOPMENT REVIEW M The project site is approximately 22,670 square feet and developed with a Shell service station constructed in 1970. The station has a fuel island with six pumps, three service bays and convenience mart. The proposed project consist of remodeling and enlarging existing service station as follows: demolish one service bay; expand the existing convenience mart to a total of 1,700 square feet; adding a drive-thru carwash of 720 square feet and changing the architecture. The project meets the City's development standards with the exception of the percentage of landscaping provided. (See Minor Variance discussion.) The remodeling of the service station changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed for the front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed project provides for retail and service commercial uses that are revenue generating to 4 meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design." The proposed project meets this criterion. The proposed project is consistent with the City' Design Guidelines in that the exterior design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Vons and Taco Bell located adjacent to the project site. (9) 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 (h) As discussed above in Item (f), 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 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. U) As discussed above in Item (f), 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. Prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. 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. 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. MINOR VARIANCE (k) The purpose of a Minor Variance is to allow for a deviation from specified development standards (i.e., height, setbacks, distance between structures, etc.) which can not be met due to special 5 circumstances applicable to the property such as location, shape, surrounding, topography or other conditions; and when unreasonable regulations make it obviously impractical to require compliance with required development standards. (I) (m) The project site was developed in 1970 under Los Angeles Country's jurisdiction with landscape requirements below the City's standards. The proposed project consists of the refurbishing of an existing service station and adding a drive-thru carwash which often occurs with service stations. The City's code requires that 15 percent of a project site. As proposed, 13 percent of the project site will be landscaped. Additional landscaping is added by removing the two parking spaces not required adjacent to the public right-of-way, by removing one driveway and by adding a planting area adjacent to the carwash entrance and exit. Because the proposed project is working with an existing building and gas island with a canopy, there is not an opportunity to relocate structures and provide more landscaping. To provide additional landscaping, the applicant had to work around the existing development. Granting the Minor Variance allows the applicant to refurbish the project site and add retail and service commercial uses that are revenue generating to meet the City's needs. It will also provide a project that yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design as set forth in the City's General Plan. As referenced in Item (I) above, granting the Minor Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) Before the issuance of any City permits, the proposed project is required to comply with: all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division and Fire Department requirements. 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. Comprehensive Sign Program (o) The proposed Comprehensive Sign Program consists of sign criteria for a monument and wall signs for a Shell service station. All signs comply with the required development standards regarding quantity, height, sign face area and location. The proposed monument signs will be internally illuminated. The face of the sign will have the Shell logo, gasoline prices and carwash identification. The base and support columns will be faced with stone used on the convenience mart building. The monument sign will be architecturally integrated with the project by its design, materials and colors used which match the convenience mart building. Red channel letters which reflect Shell corporate color will be used for the wall signs and all wall signs will be illuminated. Therefore, proposed Comprehensive Sign Program satisfies the purpose of Chapter 22.36 of the Diamond Bar Development Code and the intent as Section 22.36.060, (p) (q) 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. 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. (r) 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: a. General (1) (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. The project shall substantially conform to Title Sheet, Site Plan, Floor Plan, Elevations, Landscape Plan, and Details referenced herein as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. 7 (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 forced air blower shall comply with the City's noise standards. Prior to the 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. The driveway located on the north side of the project site adjacent to Palomino Drive and closest to the corner shall be removed. The second driveway located on the north side of the project site adjacent to Palomino Drive shall remain. It shall be widened and aligned with the Chevron station driveway to the north. Prior to plan check submittal, the applicant shall provide a detail site plan reflecting the driveway changes for the City's review and approval. (6) Prior to the 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) Removal of all the pine trees located on the subject property adjacent to the property lines and installation of 36 inch box size Scarlet Red Crepe Myrtle trees planted 15 feet on center. 8 (b) Removal of planter walls adjacent to the public right -of way and the leveling of the planting areas with the sidewalk. (7) (c) Provide a 20 foot landscape setback behind the sidewalk located between the southern most driveway adjacent to Diamond Bar Boulevard and south property line, thereby eliminating parking space labeled as "9" on Exhibit "A"/Site Plan. (d) Expand the landscape area where the proposed monument sign will be located to ensure the monument sign will be at least 10 feet from the ultimate right-of- way and the clear line -of -sight for vehicular movement is not blocked. All landscaping/irrigation shall be installed prior to final inspection or issuance of the Certificate of Occupancy. (8) Future changes to the location of the underground fuel tanks and fuel island with canopy shall be reviewed and approved by the Planning Division. At that time, closure of the Diamond Bar Boulevard driveway closest to the intersection of Diamond Bar Boulevard/Palomino Drive shall be reviewed and approved by the City. (9) The stucco color used for fuel island canopy shall match the stucco color of the convenience mart/carwash building. (10) The electrical box located at the rear of the convenience mart/carwash building shall be ' architecturally integrated with the design of said building, Prior to plan check submittal, the applicant shall submitted revised elevations using but not limited to tile roof, stucco, cornice, moldings, etc. for the Planning Division review and approval. (11) Prior to issuance of construction permits, the applicant shall work with the Planning Division to modernize the existing pole sign as stated in Chapter 22.68.020(g) for the purpose of architectural integration through the Minor Conditional Use Permit process. (12) Prior to plan check, the applicant shall submit a revised elevation of the proposed monument sign. The revised elevation shall show a cornice on top of the sign for Planning Division review and approval. 9 (13) Prior to plan check submittal, the applicant shall submit a revised site plan that modifies the turning radius at the entrance of the carwash for Planning Division review and approval. The turning radius shall be modified in a manner that improves the turning maneuverability when entering the carwash. c. Public Works Department (1) Prior to the issuance of any City permits, the applicant shall provide evidence on the improvement plans that site distance for each access with respect to the California Department of Transportation/City of Diamond Bar standards are met. (2) Prior to the issuance of any City permits and on detailed construction plans the applicant shall provide the type and location of on-site traffic signs and striping to the satisfaction of the Public Works Director. (3) Prior to final inspection or issuance of the Certificate of Occupancy, applicant shall provide "No Stopping" prohibitions on Palomino Drive to the satisfaction of the Public Works Director (4) Prior to the 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 Shell and the one driveway for Chevron on Palomino Drive which 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. (5) In Figure 25 at intersection "3" of the traffic impact analysis, the westbound left and through volumes and northbound through volumes and right volumes are reversed. If correcting the figures causes a "fair share" contribution from the applicant, this contribution shall be paid to the City prior to occupancy. (6) Prior to final inspection, all driveway approaches shall be upgraded to comply with Americans with Disabilities Act (ADA) 10 of 1990 requirements. Additionally, driveway closures shall comply with the City's sidewalk standards. (7) 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. (8) Prior to issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. The applicant shall also provide a detailed drainage plan for the City's review and approval. All existing curbs and gutter site drainage shall be directed underneath the sidewalk to parkway drains. Installation of such parkway drains shall be performed to the satisfaction of the Public Works Director. d. Building and Safety Division (1) Fire Department approval is required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Kitchen shall be equipped with grease interceptors. (4) Food mart shall obtain County health and environmental waste permits. (5) Bathroom lights shall be fluorescent. (6) Shall provide tempered glass as required by code. (7) Project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, counter height, restrooms, drinking fountains, etc. The Planning Commission shall: (a) (b) Certify to the adoption of this Resolution; and Forthwith transmit a certified copy of this Resolution, by certified mail to: Sam Anabi, Anabi Oil Corporation, 1224 San Dimas Canyon Road, San Dimas, Ca 91773 and Western States Engineering, Inc., 4887 E. La Palma Avenue, Suite 707, Anaheim, CA. 92807 11 APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, 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 28th day of November 2006, by the following vote: AYES: Commissioners: Lee; Nolan; Wei; Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: VC/Torng ABSTAIN: Commissioners: None ATTEST: 12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2005-07, Development Review No. 2005-36 Minor Variance No. 2006-05 and Negative Declaration No. 2006-04 SUBJECT: Remodel, enlargement of an existing service station and the addition of a drive-thru carwash and installation of new signs. APPLICANT: Sam Anabi, Anabi Oil Corporation and Western States Engineering, Inc. LOCATION: 206 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. 2005-07, Development Review No. 2005-36 and Variance No. 2006-05 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. 13 (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 No.2006-03, Development Review No. 2006-16 and Variance No. 2006-05, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the 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. 2006-51, 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. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 14 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 1. 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.2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05 and Comprehensive Sign Program shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one yeartime 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 referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, 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. 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. 15 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 An Erosion Control Plan shall be submitted concurrently with the grading plan 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. SOILS REPORT/GRADINGIRETAINING WALLS All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City permits. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 16 2. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the contractor, applicant, and city inspector at least 48 hours prior to commencing construction. 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. END 17