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HomeMy WebLinkAboutPC 2007-39PLANNING COMMISSION RESOLUTION NO. 2007-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-06, AND CATEGORIGAL FOR A REQUEST TO INSTALL A FREESTANDING FREEWAY ORIENTED SIGN LOCATED AT 150 S. DIAMOND BAR BOULEVARD (APN# 8281-024-052), DIAMOND BAR, CA A. RECITALS The property owner, Chevron Products, Co. and applicant, Tamara Fenner of RHL Design Group have filed an application for Conditional Use Permit No. 2007-06 and categorical exemption to install a freestanding freeway oriented sign located at 150 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2 Public hearing notices were mailed to approximately 33 property owners within a 500 -foot radius of the project site and public notice was posted at the City's designated community posting sites. The project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3 On August 14, 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: 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Section 15311 (a) of the CEQA Guidelines. 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: (a) The project site is located on the northeast corner of the intersection of Diamond Bar Boulevard and Palomino Drive. It was developed with a Chevron station that was demolished. On November 28, 2006, the Planning Commission approved the construction of a new gas station with a drive-thru car wash, convenience market and new signs. But, the approved new signs did not include a freestanding freeway oriented sign. (b) The General Plan land use designation for the project site is General Commercial (C). (c) Generally, the following zones and uses surround the project site: Site General Plan Zone Uses Project Site C (General Commercial) C-3 (Regional Commercial Service Station North N/A N/A 60 Freeway South C C-3 Service Station & Shopping Center East C C-3 Shopping Center West C C-3 Fast food Restaurants & Auto Repair (d) The Application request is for approval of a Conditional Use Permit in order to install freestanding freeway oriented sign at a Chevron service station. The maximum height of the sign is 41.5 feet and the maximum sign face area is 170.4 feet. The sign face area does not include the City identification sign. 2 Planning Commission Resolution No. 2007-39 CONDITIONAL USE PERMIT (a) A freestanding freeway oriented sign is allowed in the C-3 zone with the approval of a Conditional Use. The development standards (i.e., height, sign face area, design, colors and material, and location) of the sign complies with all applicable provisions of the Development Code and Municipal Code. (b) The freestanding freeway oriented sign is consistent with General Plan Objective 1.3—Designate adequate lands for retail and service commercial, professional services and other revenue generating uses in sufficient quantity to meet the City's needs. There is no applicable specific plan. (c) The freestanding freeway oriented sign meets all the development standards in the City's Development Code. The design of the sign is compatible with the architectural style of the service station. It uses the same architectural elements such as a cornice and columns and the same earth tone colors and stack stone. The sign copies reflect the corporate colors and logo of Chevron. Additionally, the proposed sign is compatible with other existing uses which have been recently remodeled to City standards and future land uses in the vicinity which will be required to meet the City's design standards. (d) The project site is physically suited for the proposed freestanding freeway oriented sign. It meets all the development standards required for this type of sign. Also, it will be replacing an existing out -dated pole sign located in the rear of the property 16 feet from the freeway right-of-way. The propose sign is appropriate for this area because this is a commercial area and there are other similar signs on nearby properties. Furthermore, 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 and Public Works 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. 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) All conditions of approval setforth in Planning Commission Resolution No. 2006-50 adopted on November 28, 2006, shall remain in full force and effect for the project site. 3 Planning Commission Resolution No. 2007-39 (2) Approval is for a freestanding, freeway oriented sign advertising fuel and food. It has a total sign face area of 170.4 square feet and a total height of 46 feet as measured from the grade to the top of the sign cornice. Additionally, the sign also consists of a sign panel identifying the City of Diamond Bar. (3) City of Diamond Bar identification sign shall be maintained for the life of the sign. b. Planning Division (1) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti shall be removed within 72 hours. (2) All wiring and/or cables used for the freestanding freeway sign shall be underground. (3) Change to the sign copy shall require a separate sign permit. c Building and Safety Division (1) As part of the plan check submittal provide structural drawing/details and calculations for the justification of existing structural elements (i.e., existing footings, columns and connections) to be adequate for the proposed renovation of the existing monument sign (2) Applicant shall provide temporary sanitation facilities while under construction. 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: Chevron Products, Co., 145 S. State College Boulevard, Brea, CA 92822 and Tamara Fenner, RHL Design Group, 2401 Katella Avenue, #400, Anaheim, CA 92806. 4 Planning Commission Resolution No. 2007-39 APPROVED AND ADOPTED THIS 14th DAY OF AUGUST 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Tony g, Vice Ch man 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 14th day of August 2007, by the following vote: AYES: Commissioners: Nolan, Wei, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: Lee, Chair/Nelson ABSTAIN: Commissioners: None ATTEST: 5 Planning Commission Resolution No. 2007-39 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2007-06 SUBJECT: Freestanding freeway oriented sign APPLICANT: Chevron Product Co. LOCATION: 150 S Diamond Bar Boulevard 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 Conditional Use Permit No.2007-06, 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. (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. 6 Planning Commission Resolution No. 2007-39 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.2007-06 at the City of Diamond Bar Community and Development Services Department/Planning Division, 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. A signed copy of the Planning Commission Resolution No. 2007-39, 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. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2007-39 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 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 Conditional Use Permit No.2007-06 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 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 hereto as Exhibit "A" and dated August 14, 2007, including: site plans, architectural elevations and materials and colors 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. 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 8 Planning Commission Resolution No. 2007-39 erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. 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. 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. 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. The project shall be protected by a construction fence to the satisfaction of the Building Official. END 9 Planning Commission Resolution No. 2007-39 PLANNING COMMISSION RESOLUTION NO. 2007-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-06, AND CATEGORIGAL FOR A REQUEST TO INSTALL A FREESTANDING FREEWAY ORIENTED SIGN LOCATED AT 150 S. DIAMOND BAR BOULEVARD (APN# 8281-024-052), DIAMOND BAR, CA A. RECITALS 1 The property owner, Chevron Products, Co. and applicant, Tamara Fenner of RHL Design Group have filed an application for Conditional Use Permit No. 2007-06 and categorical exemption to install a freestanding freeway oriented sign located at 150 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2 Public hearing notices were mailed to approximately 33 property owners within a 500 -foot radius of the project site and public notice was posted at the City's designated community posting sites. The project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3 On August 14, 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 proposed project is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) in accordance to Section 15311 (a) of the CEQA Guidelines. 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: (a) The project site is located on the northeast corner of the intersection of Diamond Bar Boulevard and Palomino Drive. It was developed with a Chevron station that was demolished. On November 28, 2006, the Planning Commission approved the construction of a new gas station with a drive-thru car wash, convenience market and new signs. But, the approved new signs did not include a freestanding freeway oriented sign. (b) The General Plan land use designation for the project site is General Commercial (C). (c) Generally, the following zones and uses surround the project site: Site General Plan Zone Uses Project Site C (General C-3 (Regional Service Station Commercial) Commercial) North N/A N/A 60 Freeway South C C-3 Service Station & Shopping Center East C C-3 Shopping Center West C C-3 Fastfood Restaurants & Auto Repair (d) The Application request is for approval of a Conditional Use Permit in order to install freestanding freeway oriented sign at a Chevron service station. The maximum height of the sign is 41.5 feet and the maximum sign face area is 170.4 feet. The sign face area does not include the City identification sign. 2 Planning Commission Resolution No. 2007-39 CONDITIONAL USE PERMIT (a) A freestanding freeway oriented sign is allowed in the C-3 zone with the approval of a Conditional Use. The development standards (i.e., height, sign face area, design, colors and material, and location) of the sign complies with all applicable provisions of the Development Code and Municipal Code. (b) The freestanding freeway oriented sign is consistent with General Plan Objective 1.3 - Designate adequate lands for retail and service commercial, professional services and other revenue generating uses in sufficient quantity to meet the City's needs. There is no applicable specific plan. (c) The freestanding freeway oriented sign meets all the development standards in the City's Development Code. The design of the sign is compatible with the architectural style of the service station. It uses the same architectural elements such as a cornice and columns and the same earth tone colors and stack stone. The sign copies reflect the corporate colors and logo of Chevron. Additionally, the proposed sign is compatible with other existing uses which have been recently remodeled to City standards and future land uses in the vicinity which will be required to meet the City's design standards. (d) The project site is physically suited for the proposed freestanding freeway oriented sign. It meets all the development standards required for this type of sign. Also, it will be replacing an existing out -dated pole sign located in the rear of the property 16 feet from the freeway right-of-way. The propose sign is appropriate for this area because this is a commercial area and there are other similar signs on nearby properties. Furthermore, 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 and Public Works 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. 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) All conditions of approval set forth in Planning Commission Resolution No. 2006-50 adopted on November 28, 2006, shall remain in full force and effect for the project site. 3 Planning Commission Resolution No. 2007-39 (2) Approval is for a freestanding, freeway oriented sign advertising fuel and food. It has a total sign face area of 170.4 square feet and a total height of 46 feet as measured from the grade to the top of the sign cornice. Additionally, the sign also consists of a sign panel identifying the City of Diamond Bar. (3) City of Diamond Bar identification sign shall be maintained for the life of the sign. b. Planning Division (1) The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti shall be removed within 72 hours. (2) All wiring and/or cables used for the freestanding freeway sign shall be underground. (3) Change to the sign copy shall require a separate sign permit. c Building and Safety Division (1) As part of the plan check submittal provide structural drawing/details and calculations for the justification of existing structural elements (i.e., existing footings, columns and connections) to be adequate for the proposed renovation of the existing monument sign (2) Applicant shall provide temporary sanitation facilities while under construction. 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: Chevron Products, Co., 145 S. State College Boulevard, Brea, CA 92822 and Tamara Fenner, RHL Design Group, 2401 Katella Avenue, #400, Anaheim, CA 92806. 4 Planning Commission Resolution No. 2007-39 APPROVED AND ADOPTED THIS 14th DAY OF AUGUST 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 14th day of August 2007, by the following vote: AYES: Commissioners: Nolan, Wei, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: Lee, Chair/Nelson ABSTAIN: Commissioners: None ATTEST: 5 Planning Commission Resolution No. 2007-39 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2007-06 SUBJECT: Freestanding freeway oriented sign APPLICANT: Chevron Product, Co. LOCATION: 150 S. Diamond Bar Boulevard, 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 Conditional Use Permit No.2007-06, 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. (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. 6 Planning Commission Resolution No. 2007-39 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.2007-06 at the City of Diamond Bar Community and Development Services Department/Planning Division, 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. A signed copy of the Planning Commission Resolution No. 2007-39, 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. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2007-39 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 Conditional Use Permit No.2007-06 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 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 hereto as Exhibit "A" and dated August 14, 2007, including: site plans, architectural elevations and materials and colors 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. 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 concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The 8 Planning Commission Resolution No. 2007-39 erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. 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. 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. 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. 3. The project shall be protected by a construction fence to the satisfaction of the Building Official. END 9 Planning Commission Resolution No. 2007-39