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HomeMy WebLinkAboutPC 2007-21PLANNING COMMISSION RESOLUTION NO. 2007-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-11, MINOR CONDITIONAL USE PERMIT NO. 2007-07, MINOR VARIANCE NO. 2007-03 AND TO CONSTRUCT AN APPROXIMATELY 4700 - SQUARE -FOOT COMMERCIAL BUILDING WITH A DRIVE-THROUGH RESTAURANT ON A PROPERTY LOCATED AT 22438 GOLDEN SPRINGS DRIVE (APN NO. A PORTION OF 8293-045-008) A. RECITALS The applicant, David Kuo, has filed applications for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 and for construction of an approximately 4,700 -square -foot commercial building with a drive-through restaurant on property located on the southwest corner of Golden Springs Drive and Grand Avenue, Diamond Bar, California. Hereinafter in this Resolution, the subject Minor Conditional Use Permit, Minor Variance and Development Review 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 public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. 3 On April 10, 2007, 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 does not require further CEQA review. On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated Negative Declaration is required to be prepared. 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 orthe 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: MINOR CONDITIONAL USE PERMIT (MCUP) The proposed project is consistent with the required minor conditional use permit findings contained in Section 22.56.040 of the Development Code as follows: (a) The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves construction of a new approximately 4,700 - square -foot commercial building with a drive-through restaurant. Drive- through restaurants are permitted with a minor conditional use permit. As conditioned, the project complies with applicable provisions of the Development Code, Diamond Bar Village Specific Plan and Municipal Code. As conditioned and with the approval of Minor Variance No. 2007-03, the project meets all the standards related to height, setbacks, parking, circulation, and landscaping requirements. (b) The proposed use is consistent with the general plan and any applicable specific plan; The project design is consistent with General Plan Objective 1.3 to, "Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs." 2 Planning Commission Resolution No. 2007-21 The proposed restaurant and retail uses will provide additional dining and specialty retail choices to Target customers and forpersons occupying and residing in nearby office, institutional, and residential areas. The project is also consistent with General Plan Objective 3.2 to, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed building that will blend with the surrounding area and will complement the design of the existing Target store and soon- to-be constructed Chili's restaurant. The proposed landscaping will further enhance the building and site. The project is also consistent with the Diamond Bar Village Specific Plan with the approval of Minor Variance No. 2007-03. (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 and the Diamond Bar Village Specific Plan. The design of the building will allow the operation of a drive-through restaurant. The location of the drive-through lane will not enter onto any public roadway and will not interfere with on-site traffic circulation. Vehicles in the drive-through lane will be screened from public view by a low wall and landscaping along the outside of the lane. (d) The 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. 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) Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. As conditioned, the proposed project will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, 3 Planning Commission Resolution No. 2007-21 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 injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project has been reviewed in compliance with CEQA and found that it will not require further review under CEQA. 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 consistent with the General Plan Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b) above. As conditioned and with the approval of Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, the project is consistent with development standards of the Diamond Bar Village Specific Plan. 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 commercial building and provision of landscaping that will enhance the site. The proposed building is also compatible with and complements the existing Target store and soon-to-be built Chili's restaurant building on the shopping center site. (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 (a), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and existing on-site Target store and soon-to-be built Chili's restaurant and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the Diamond Bar Village Specific Plan, the General Plan, and City Design Guidelines. 4 Planning Commission Resolution No. 2007-21 (j) As discussed above in Item (a), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through an 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 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 (d) the proposed project will not have a negative affect on property values or in the vicinity. Minor Variance (1) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance is a request to reduce the width of the drive-through lane to 11 feet from the 12 feet required in Development Code Section 22.42.050. The strict application of the development standard would deny the property owner the same privileges enjoyed by adjacent property owners in terms of allowing for sufficient amount of space for the drive-through lane due to the slope. The site characteristics are such that there are steep slopes along the north, west and south property lines that prevent the applicant from providing the full -width of the drive-through lane. This area of the shopping center site has the steepest slopes that raise the site to well above street level. The site characteristics are not shared by the other parcels at the Target shopping center. (m) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to develop the property with sufficient width for the drive- through lane to serve the proposed restaurant. The adjacent parcels within the Target shopping center are not restricted by down slopes at the edges of the property to the extent that the subject site is. 5 Planning Commission Resolution No. 2007-21 (n) Granting the variance is consistent with the general plan and any applicable specific plan. As described in Section 4(b), granting of the minor variance is consistent with General Plan Land Use Objectives 9.3 and 3.2. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The 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 injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (1) through (o), the proposed project will not have a negative affect on property values or in the vicinity. (p) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. An EiR has been previously approved for the Diamond Bar Village Specific Plan and the proposed project is in conformance with the specific plan. As such, no further environmental review is necessary. 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, comprehensive sign plan and details collectively labeled as Exhibit "A" dated April 10, 2007, as submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the minor conditional use permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the minor conditional use permit. The Commission may revoke or modify the minor 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 6 Planning Commission Resolution No. 2007-21 approval, a fee 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. (4) The project shall be in compliance with pertinent conditions of approval for Parcel Map No. 61702. b. Planning Division (5) The operation of the restaurants/retail shall comply with the City's noise regulations (6) Provide screen wall of split face block wall with stacked stone pilasters with maximum height of 42" at the outer edge of the drive-through lane. The detailed plan shall be subject to the Community Development Director's review and approval before issuance of building permits. (7) Provide on-site traffic control measures such as stop signs at appropriate locations, such as the drive-through lane exit area, subject to the Community Development Director's review and approval. Provide other traffic control measures within the greater Diamond Bar Village Shopping Center site, such as stop signs and pavement markings on the on-site driveway that begins at Lavender Drive and exits at Grand Avenue, that would provide for safer pedestrian circulation between the Target parking lot and the subject site. Traffic control measures shall be subject to the Community Development Director's review and approval. The detailed plans shall be submitted for Community Development Director's review and approval prior to issuance of building permits. (8) Before issuance of any building permits, the applicant shall submit for the Planning Division's review and approval a revised a sign plan that is consistent with the standards and guidelines contained in the Diamond Bar Village master sign plan and the City's Development Code where applicable. (9) Applicant shall submit an application for a sign permit for review and approval by the Planning Division before installation of any signs. Signs are subject to separate building and electrical permits. (10) Provide landscaping to screen the trash enclosure from public view. (11) All landscaping and irrigation shall be installed prior to final inspection and prior to issuance of Certificate of Occupancy. 7 Planning Commission Resolution No. 2007-21 (12) All tenants, contractors, etc. shall obtain a business registration with the City of Diamond Bar before start of work. (13) Upon inspection and if it is determined that the anticipated density of plant materials as shown on the approved plans do not fully address the intended purpose of screening, compliance with conditions of approval or aesthetics, the Community Development Director or designee may require the planting of up to 10 percent of the approved density of plant materials. (14) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (15) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bar Municipal Code Chapter 8.12. C. Public Works Department (16) All fair share traffic mitigation fees shall be paid in full prior to Building Permit Issuance. (17) A final as -graded geotechnical report certifying compaction of the building pad shall be submitted to the Engineering Department for review and approval before issuance of building permits. 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: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789 APPROVED AND ADOPTED THIS 10TH DAY OF COMMISSION OF THE CITY OF DIAMOND BAR. By: 04xe-- jor�__' teve Nelson, Chairman T APRIL 2007, BY THE PLANNING Planning Commission Resolution No. 2007-21 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 10th day of April 2007, by the following vote: AYES: Commissioners: VC/Torng, Lee, Nolan, Wei, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: A4 4 Nancy Fong, retary 9 Planning Commission Resolution No. 2007-21 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 SUBJECT: Construction of an approximately 4,700 -square -foot commercial building with a drive-through restaurant APPLICANT: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789 LOCATION: Southwest corner of Grand Avenue and Golden Springs Drive, Diamond 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 Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11 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. 10 Planning Commission Resolution No. 2007-21 (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 Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, 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. 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. ��. Signed copies of the Planning Commission Resolution No. 2007-21, 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. 11 Planning Commission Resolution No. 2007-21 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 priorto 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 Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11 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. 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. 12 Planning Commission Resolution No. 2007-21 F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash and recycling receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. it. Adequate capacity shall be provided for the trash and recycling enclosure design. Such requirements shall be based on the volume and tonnage generated by the development activity. For every trash bin needed, there must be enough space for an equivalent recycling bin shown on the plan as a one to one (1:1) ratio. Submit labeled location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. 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 complywith Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. 13 Planning Commission Resolution No. 2007-21 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/GRADING/RETAINING WALLS The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 6. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the structure. 7. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area 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. 14 Planning Commission Resolution No. 2007-21 2. Prior to the issuance of a grading permit, a complete hydrology and hydra study shall be prepared by a Civil Engineer registered in the State California to the satisfaction of the City Engineer and Los Angeles Pu Works Department. 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 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. ;3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 6. Restaurants shall be equipped with grease interceptors. 7. All food establishments shall obtain County health and environmental waste permits. 8. Submit to Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each space square foot b. Each building height C. Type of construction d. Sprinkler system e. Each space group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Indicate all easements on the site plan. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. Fire Department approval shall be required. 18. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 19. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 20. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 21. Specify location of tempered glass as required by code. 22. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Provide guardrail connection detail (height, spacing, etc.) 23. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 16 Planning Commission Resolution No. 2007-21 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Submit two sets of architectural plans to the Fire Prevention Engineering offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan sets shall contain a minimum of site plan, floor plan, elevations, door and window schedules and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc. 21. Indicate on plans the Assessor's Parcel Number, type of construction, building code occupancy classification, area of each floor and building area increase justification. 3. Provide a minimum unobstructed width of 26 feet, clear to the sky, fire department vehicular access, with approved turnaround, to within 150 feet of all portions of exterior walls. The access width shall be increased to 28 feet when proposed buildings, or portions of buildings, are more than 3 stories, or more than 35 feet in height. A 32 foot centerline turning radius is required at each change of direction in vehicle travel regardless of the required width. 4. On the site plan, show the location of all existing public fire hydrants within 300 feet of all property lines and call out the hydrant size and dimension to property lines. Also show any existing on-site fire hydrants as well. 5. The required fire flow for public fire hydrants at this location is 2000 gallons per minute at 20 p.s.i. for a duration of 2 hours over and above daily domestic demand. A 25% reduction in required flow may be applied for Type V-1 Hr. or greater construction and 25% for automatic fire sprinklers. The minimum reduced fire flow shall not be less than 2000 gallons per minute at 20 p.s.i. for a duration of 2 hours; and not less than 3500 gallons per minute at 20 p.s.i. for 3 hours when any structure exceeds 70,000 square feet in total building area. 6. Complete and return the original "Water Availability' Form No. 196 (attached). 7. Additional Requirements may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. END 17 Planning Commission Resolution No. 2007-21 PLANNING COMMISSION RESOLUTION NO. 2007-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007-11, MINOR CONDITIONAL USE PERMIT NO. 2007-07, MINOR VARIANCE NO. 2007-03 AND TO CONSTRUCT AN APPROXIMATELY 4700 - SQUARE -FOOT COMMERCIAL BUILDING WITH A DRIVE-THROUGH RESTAURANT ON A PROPERTY LOCATED AT 22438 GOLDEN SPRINGS DRIVE (APN NO. A PORTION OF 8293-045-008) A. RECITALS The applicant, David Kuo, has filed applications for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 and for construction of an approximately 4,700 -square -foot commercial building with a drive-through restaurant on property located on the southwest corner of Golden Springs Drive and Grand Avenue, Diamond Bar, California. Hereinafter in this Resolution, the subject Minor Conditional Use Permit, Minor Variance and Development Review 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 public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. 3 On April 10, 2007, 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 does not require further CEQA review. On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated Negative Declaration is required to be prepared. 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: MINOR CONDITIONAL USE PERMIT (MCUP) The proposed project is consistent with the required minor conditional use permit findings contained in Section 22.56.040 of the Development Code as follows: (a) The proposed use is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves construction of a new approximately 4,700 - square -foot commercial building with a drive-through restaurant. Drive- through restaurants are permitted with a minor conditional use permit. As conditioned, the project complies with applicable provisions of the Development Code, Diamond Bar Village Specific Plan and Municipal Code. As conditioned and with the approval of Minor Variance No. 2007-03, the project meets all the standards related to height, setbacks, parking, circulation, and landscaping requirements. (b) The proposed use is consistent with the general plan and any applicable specific plan; The project design is consistent with General Plan Objective 1.3 to, "Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs." 2 Planning Commission Resolution No. 2007-21 The proposed restaurant and retail uses will provide additional dining and specialty retail choices to Target customers and for persons occupying and residing in nearby office, institutional, and residential areas. The project is also consistent with General Plan Objective 3.2 to, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed building that will blend with the surrounding area and will complement the design of the existing Target store and soon- to-be constructed Chili's restaurant. The proposed landscaping will further enhance the building and site. The project is also consistent with the Diamond Bar Village Specific Plan with the approval of Minor Variance No. 2007-03. (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 and the Diamond Bar Village Specific Plan. The design of the building will allow the operation of a drive-through restaurant. The location of the drive-through lane will not enter onto any public roadway and will not interfere with on-site traffic circulation. Vehicles in the drive-through lane will be screened from public view by a low wall and landscaping along the outside of the lane. (d) The 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. 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) Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. As conditioned, the proposed project will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, 3 Planning Commission Resolution No. 2007-21 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 injurious to the properties or improvements in the vicinity. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project has been reviewed in compliance with CEQA and found that it will not require further review under CEQA. 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 consistent with the General Plan Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b) above. As conditioned and with the approval of Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, the project is consistent with development standards of the Diamond Bar Village Specific Plan. 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 commercial building and provision of landscaping that will enhance the site. The proposed building is also compatible with and complements the existing Target store and soon-to-be built Chili's restaurant building on the shopping center site. (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. As discussed above in Item (a), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and existing on-site Target store and soon-to-be built Chili's restaurant and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the Diamond Bar Village Specific Plan, the General Plan, and City Design Guidelines. 4 Planning Commission Resolution No. 2007-21 (3) As discussed above in Item (a), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through an 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 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 (d) the proposed project will not have a negative affect on property values or in the vicinity. Minor Variance (I) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. (m) The variance is a request to reduce the width of the drive-through lane to 11 feet from the 12 feet required in Development Code Section 22.42.050. The strict application of the development standard would deny the property owner the same privileges enjoyed by adjacent property owners in terms of allowing for sufficient amount of space for the drive-through lane due to the slope. The site characteristics are such that there are steep slopes along the north, west and south property lines that prevent the applicant from providing the full -width of the drive-through lane. This area of the shopping center site has the steepest slopes that raise the site to well above street level. The site characteristics are not shared by the other parcels at the Target shopping center. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to develop the property with sufficient width for the drive- through lane to serve the proposed restaurant. The adjacent parcels within the Target shopping center are not restricted by down slopes at the edges of the property to the extent that the subject site is. 5 Planning Commission Resolution No. 2007-21 (n) Granting -the variance is consistent with the general plan and any applicable specific plan. As described in Section 4(b), granting of the minor variance is consistent with General Plan Land Use Objectives 1.3 and 3.2. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. (p) The 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 injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (I) through (o), the proposed project will not have a negative affect on property values or in the vicinity. The proposed entitlement has been reviewed in compliance with the provisions of CEQA. An EIR has been previously approved for the Diamond Bar Village Specific Plan and the proposed project is in conformance with the specific plan. As such, no further environmental review is necessary. 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, comprehensive sign plan and details collectively labeled as Exhibit "A" dated April 10, 2007, as submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the minor conditional use permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the minor conditional use permit. The Commission may revoke or modify the minor 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 6 Planning Commission Resolution No. 2007-21 approval, a fee 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. (4) The project shall be in compliance with pertinent conditions of approval for Parcel Map No. 61702. b. Planning Division (5) The operation of the restaurants/retail shall comply with the City's noise regulations (6) Provide screen wall of split face block wall with stacked stone pilasters with maximum height of 42" at the outer edge of the drive-through lane. The detailed plan shall be subject to the Community Development Director's review and approval before issuance of building permits. (7) Provide on-site traffic control measures such as stop signs at appropriate locations, such as the drive-through lane exit area, subject to the Community Development Director's review and approval. Provide other traffic control measures within the greater Diamond Bar Village Shopping Center site, such as stop signs and pavement markings on the on-site driveway that begins at Lavender Drive and exits at Grand Avenue, that would provide for safer pedestrian circulation between the Target parking lot and the subject site. Traffic control measures shall be subject to the Community Development Director's review and approval. The detailed plans shall be submitted for Community Development Director's review and approval prior to issuance of building permits. (8) Before issuance of any building permits, the applicant shall submit for the Planning Division's review and approval a revised a sign plan that is consistent with the standards and guidelines contained in the Diamond Bar Village master sign plan and the City's Development Code where applicable. (9) Applicant shall submit an application for a sign permit for review and approval by the Planning Division before installation of any signs. Signs are subject to separate building and electrical permits. (10) Provide landscaping to screen the trash enclosure from public view. (11) All landscaping and irrigation shall be installed prior to final inspection and prior to issuance of Certificate of Occupancy. 7 Planning Commission Resolution No. 2007-21 (12) All tenants, contractors, etc. shall obtain a business registration with the City of Diamond Bar before start of work. (13) Upon inspection and if it is determined that the anticipated density of plant materials as shown on the approved plans do not fully address the intended purpose of screening, compliance with conditions of approval or aesthetics, the Community Development Director or designee may require the planting of up to 10 percent of the approved density of plant materials. (14) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (15) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bar Municipal Code Chapter 8.12. c. Public Works Department (16) All fair share traffic mitigation fees shall be paid in full prior to Building Permit Issuance. (17) A final as -graded geotechnical report certifying compaction of the building pad shall be submitted to the Engineering Department for review and approval before issuance of building permits. 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: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789 APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 8 Planning Commission Resolution No. 2007-21 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 10th day of April 2007, by the following vote: AYES: Commissioners: VC/Torng, Lee, Nolan, Wei, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 9 Planning Commission Resolution No. 2007-21 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 SUBJECT: Construction of an approximately 4,700 -square -foot commercial building with a drive-through restaurant APPLICANT: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789 LOCATION: Southwest corner of Grand Avenue and Golden Springs Drive, Diamond 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 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11 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. 10 Planning Commission Resolution No. 2007-21 (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 Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, 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. 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. 4t. Signed copies of the Planning Commission Resolution No. 2007-21, 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. 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. 11 Planning Commission Resolution No. 2007-21 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 1. The approval of Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11 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. 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. 12 Planning Commission Resolution No. 2007-21 F. SOLID WASTE 1.. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash and recycling receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. it. Adequate capacity shall be provided for the trash and recycling enclosure design. Such requirements shall be based on the volume and tonnage generated by the development activity. For every trash bin needed, there must be enough space for an equivalent recycling bin shown on the plan as a one to one (1:1) ratio. Submit labeled location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. 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 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 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. 13 Planning Commission Resolution No. 2007-21 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/GRADING/RETAINING WALLS 1. The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 6. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the structure. 7. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area 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. 14 Planning Commission Resolution No. 2007-21 2. Prior to the 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 Public Works Department. 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 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 6. Restaurants shall be equipped with grease interceptors. 7. All food establishments shall obtain County health and environmental waste permits. 8. Submit to Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 15 Planning Commission Resolution No. 2007-21 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each space square foot b. Each building height c. Type of construction d. Sprinkler system e. Each space group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Indicate all easements on the site plan. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. Fire Department approval shall be required. 18. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 19. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 20. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 21. Specify location of tempered glass as required by code. 22. Specify 1 /4"/ft slope for all flat surfaces/ decks with approved water proofing material. Provide guardrail connection detail (height, spacing, etc.) 23. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 16 Planning Commission Resolution No. 2007-21 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Submit two sets of architectural plans to the Fire Prevention Engineering offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan sets shall contain a minimum of site plan, floor plan, elevations, door and window schedules and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc. 2'. Indicate on plans the Assessor's Parcel Number, type of construction, building code occupancy classification, area of each floor and building area increase justification. 3. Provide a minimum unobstructed width of 26 feet, clear to the sky, fire department vehicular access, with approved turnaround, to within 150 feet of all portions of exterior walls. The access width shall be increased to 28 feet when proposed buildings, or portions of buildings, are more than 3 stories, or more than 35 feet in height. A 32 foot centerline turning radius is required at each change of direction in vehicle travel regardless of the required width. 4. On the site plan, show the location of all existing public fire hydrants within 300 feet of all property lines and call out the hydrant size and dimension to property lines. Also show any existing on-site fire hydrants as well. 5. The required fire flow for public fire hydrants at this location is 2000 gallons per minute at 20 p.s.i. for a duration of 2 hours over and above daily domestic demand. A 25% reduction in required flow may be applied for Type V-1 Hr. or greater construction and 25% for automatic fire sprinklers. The minimum reduced fire flow shall not be less than 2000 gallons per minute at 20 p.s.i. for a duration of 2 hours; and not less than 3500 gallons per minute at 20 p.s.i. for 3 hours when any structure exceeds 70,000 square feet in total building area. 6. Complete and return the original "Water Availability" Form No. 196 (attached). 7. Additional Requirements may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. END 17 Planning Commission Resolution No. 2007-21