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HomeMy WebLinkAboutPC 2007-54PLANNING COMMISSION RESOLUTION NO. 2007-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING NEGATIVE DECLARATION NO. 2007-05AND APPROVING CONDITIONAL USE PERMIT NO. 2007-08 AND DEVELOPMENT REVIEW NO. 2007-14 FOR A REQUEST TO CONSTRUCT A PRIVATE SCHOOL OF APPROXMATELY 13,760 SQUARE FEET WITH 16,977 SQUARE FEET OF SUBTERRANEAN PARKING LOCATED AT 1009 VIA SORELLA STREET, DIAMOND BAR, CALIFORNIA (APN NO. 8763-001-035) A. RECITALS I. The property owner Daar-Ul-Ilum of Muslim Youth Inc. and applicant, Nomaan Baig, President/CEO, have filed an application for Negative Declaration No. 2007-05, Conditional Use Permit No. 2007-08 and Development Review No. 2006-14 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Negative Declaration, Conditional Use Permit and Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 34 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of the public hearing for this projectwas provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3_ On September 25, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to October 9, 2007, to allow the applicant additional time to address the Commission's concerns. On October 9, 2007, the Commission concluded the public hearing. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This 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 finds that the project identified above in this Resolution required a Negative Declaration (ND). ND No. 2007-05 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND started August 22, 2007, and ended September 20, 2007. Furthermore, the Planning Commission has reviewed the ND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is an irregularly shaped lot located on the cul-de-sac at the end of Via Sorella Street. It is approximately 20,159 square feet (0.46 acres). The site was developed with a 2,402 square foot single- family residence which was recently demolished. (b) The project site has a General Plan land use designation of Commercial Office (CO). (c) The project site is in the Commercial Office (CO) zoning district. (d) Generally the following zones and uses surround the project site: Site General Plan Zone Uses Project Site Commercial Office (CO) Commercial Office (CO) Single -Family Residence North Commercial Office (CO) Commercial Office (CO) Self -storage facility South N/A N/A SR 57 freeway (e) The Application request includes demolishing an existing residence and constructing a private school for grades Kindergarten through Eight. The building is approximately 13,760 square feet with 16,977 square feet of subterranean parking. Development Review (f) The project site was established and developed with a single-family residence prior to the City's incorporation and under Los Angeles County's jurisdiction. On July 25, 1995, the City adopted a General Plan. The General Plan land use designation for the project site is 2 Planning Commission Resolution No. 2007-54 Commercial Office (CO). This designation allows for a diverse mix of land uses that include commercial retail, office and services. The project site is in the Commercial Office (CO) zoning district which allows for a variety of land uses including retail, offices, services and schools. The use of the project site was a single-family residence of 2,402 square feet. The single-family residence use is considered non -conforming because homes are not allowed in this zoning designation and not in compliance with the General Plan. According to the Development Code, the proposed private school is allowed in the CO zoning district with a Conditional Use Permit approval. The proposed project meets all the development standards of this zoning district as referenced in the staff report. The proposed architectural style is contemporary with Islamic art and architectural projections. The building is a culmination of box shapes located at different angles which provide varying planes and heights. The main entry is flanked with two columns. The top of the entry is accented with windows and mosaic the based on Islamic art. Reveals on each elevation, a cornice at the roof line and the window arrangement are used to minimize the verticality of the building. Two domes are proposed with enhancements based on Islamic art. Earth tone colors of Maple View and Warm Butterscotch will be used for stucco and moldings. Anodized aluminum will be used for window and door frames and reveals. The mosaic the reflects the colors used for the stucco and blue. Metallic copper paint is proposed for the domes. However, staff is requiring non-metallic paint. The proposed project is consistent with the General Plan because it provides educational and cultural activities to meet the needs of the Diamond Bar residents. The project will also contribute its "fair -share" for future traffic improvement measures and provide off-site traffic improvements as prescribed in the General Plan. The project's design meets all the development standards required in the Development Code and as conditioned complies with the City's Design Guideline. (g) The proposed project's layout and design meets all the required City development standards and as conditioned design guidelines as referenced above in Finding (f). As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The on-site circulation was reviewed and found acceptable. A traffic study was prepared by Albert A. Webb Associates for this project and has been accepted by the City. The traffic study considered the following intersections: Brea Canyon Road/Via Sorella Street; Brea Canyon Road/Golden Springs Drive; Pathfinder Road/Brea Canyon 3 Planning Commission Resolution No. 2007-54 Road; SR 60 freeway westbound/Brea Canyon Road; SR 60 freeway near Brea Canyon Road; SR 57freeway southbound/Pathfinder Road; and SR 57 freeway northbound/ Pathfinder Road. According to the traffic study, the proposed project would impact Brea Canyon RoadNia Sorella Street; Brea Canyon Road/Golden Springs Drive; and SR 60 freeway westbound/Brea Canyon Road. As a result, the applicant is required to install the following traffic improvement measure and pay their fair -share as follows: • Restripe the intersection to facilitate traffic and turns for the project site, including left turn lanes and channelization improvements which may include a median area turn refuge and acceleration land for Brea Canyon Road. Pay the "fair share" contribution of $82,095 for future traffic improvement measures at Brea Canyon Road/Golden Springs Drive, Brea Canyon Road/Pathfinder Road and SR 60 freeway westbound/Brea Canyon Road. The above traffic items are listed as conditions with in this Resolution. Furthermore, pedestrian access is provided to the front entry of the building. Therefore, the proposed project will not create traffic or pedestrian hazards. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the CO zoning district and as conditioned City Design Guidelines. As conditioned, the architectural design is compatible with the newer commercial developments approved by the City. The architectural elements used for this project such as box shapes at different angles, varying planes, columns, cornices reveals and tile accents are consistently used in the newer commercial developments. Earth tone colors are also consistently used. Through the use of these elements and colors, the design of the proposed project is compatible with the surrounding commercial developments in Diamond Bar and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code, General Plan and Design Guidelines. There is no specific plan for this area. (i) As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants, visiting public and neighbors through good aesthetic use of materials, texture and colorthat will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. (j) Before the issuance of any City permits, the proposed project shall comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire 4 Planning Commission Resolution No. 2007-54 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 2007-05 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Conditional Use Permit (1) The proposed private school is allowed in the CO zoning district. This project complies with the required development standard and applicable provision of the Development Code and Municipal Code as referenced in the staff report. (m) There is no applicable specific plan for the project area. However, the proposed project is consistent with the General Plan land use designation for the project area and provides educational and cultural activities to meet the needs of the Diamond Bar residents as discussed in the General Plan. The project will also contribute its "fair - share" for future traffic improvement measures and provide off-site traffic improvements as prescribed in the General Plan. (n) As discussed in Finding (f), (g), (h) and (i) above and as conditioned, the design, location and size of the proposed use are compatible with the existing and future land uses in the vicinity. Operating characteristics of the private school are compatible with the learning center and self -storage center adjacent to the project site. The peak operational hours for the learning center are after 3:00 p.m. daily and closed on Sunday. The peak operational hours for the proposed project would mainly be prior to 3:00 p.m. (o) As conditioned, the subject 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 described in Findings (f), (g), (h), (i) and (1) above. (p) The Negative Declaration reviewed issues related to public interest, health, safety and improvement related to this project. It was found that the proposed project as conditioned will not have a significant effect or less than significant effect on these issues. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or 5 Planning Commission Resolution No. 2007-54 improvements in the vicinity and zoning district in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 2007-05 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby adopt Negative Declaration No. 2007-05 and approve Conditional Use Permit No. 2007-08 and Development Review No. 2007-14 subject to the following conditions and Standard Conditions attached and referenced herein: a. Planning Division 1. The height of the building from the finished grade of the building pad shall not exceed 42.9 feet to the top of the dome, and shall not exceed 48 feet to the top of the minaret. These height limitations apply to the roof coverings only, and not to the crescents or related supports above the horizontal tangent planes of the roofs. 2. Prior to the issuance of a building permit, the applicant shall provide the City with a noise study for review and approval by the City. All requirements within the study shall be incorporated into the approved project. 3. Prior to the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan that provides planting area adjacent to the building entrance for review and approval by the Planning Division. 4. Child day care shall be prohibited. 5. The maximum number of students permitted shall not exceed 135. 6. All parking shall be confined to on-site in provided parking stalls. 7. Prior to the issuance of a building permit, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time -clock or photo -sensor system_ Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6 Planning Commission Resolution No. 2007-54 8. Weekday classroom activities shall be limited to 6:00 a.m. to 3:30 p.m. Any changes to the hours and/or days of operation shall be subject to the Planning Division review and approval. Extracurricular activities normally and reasonably associated with school uses, such as after school programs, office hours, and open houses, as well as weekend religious/cultural lessons, may occur in addition to regular class schedules. 9. During the student drop-off and pick-up times, the applicant shall provide supervision to ensure safety and to direct traffic. On -street drop-off and pick-up activities shall only occur alongside fully -improved curbs and sidewalks. 10. All domes shall have a non -reflective finish. All construction materials and colors shall be shown on the construction plans. 11. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Development Review shall be subject to review within six months of Certificate of Occupancy issuance and to periodic reviews thereafter. Additionally, if non-compliance with conditions of approval occurs, the Planning Commission may revoke or modify the Conditional Use Permit and Development Review. 12. If the use of the neighboring property (1019 Via Sorella) is intensified, the applicant shall have the right to a partial reimbursement of right-of-way improvement costs from the neighboring property. 13. Prior to plan check submittal, the applicant shall provide revised elevations of the school building showing additional cornices at the roofline, molding or another type of architectural detail added to the windows and architectural detailing to the building elevations in general and reduce the overall building height to lessen the visual impact from other properties in the area. Said revision shall be reviewed and approved by the Community Development Director. 14. On-site improvements shall include delineated outdoor recreation areas in the hardscaped portions of improvements shall be documents. b. Public Works Department northeastern and northwestern the subject property. Such delineated on the construction Curb, gutter and sidewalk shall be constructed along the cul- de-sac for Via Sorella Street as directed by the City Engineer. 7 Planning Commission Resolution No. 2007-54 2. The portion of the right-of-way (ROW) beyond the cul-de-sac of Via Sorella Street shall be considered for vacation to the owners of each adjacent property at 1009 and 1019 Via Sorella Street. All vacation documents shall be prepared for review and approval by the City. Vacation of the ROW shall be coordinated with each utility company and Caltrans to assure associated easements are executed for maintenance of existing or proposed utility facilities within the current ROW. A reciprocal access agreement for use of the newly vacated ROW shall be executed between the property owners of 1009 and 1019 Via Sorella Street and recorded. The vacation shall be approved prior to the issuance of any City permits. If the vacation is not approved by City Council, the applicant shall re- design the project to meet all landscape requirements. 3. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall restripe the intersection to facilitate traffic and turns for the project site, including left turn lanes and channelization improvements which may include a median area turn refuge and acceleration land for Brea Canyon Road to the satisfaction of the City Engineer. 4. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall pay a proportionate "fair share" contribution of $82,095 for future traffic improvement measures at Brea Canyon Road/Golden Springs Drive, Brea Canyon Road and Pathfinder and SR 60 freeway westbound/Brea Canyon Road. 5. Applicant shall install street lighting at the cul-de-sac to meet minimum lighting requirements for pedestrians per the memo by Albert A. Webb Associates dated October 4, 2007. Street lighting plans shall be in accordance with LA County Public Works Department -Lighting Division and Southern California Edison requirements and shall be submitted for both City and LA County plan check. Applicant shall also be required to coordinate construction with Southern California Edison. The street lights shall be annexed into the County Lighting Maintenance District 10006 and Country Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. In addition to separate street lighting plans, these improvements shall be shown on the grading plans with the appropriate notes and details. All required permits for work within the public right-of-way shall be obtained prior to construction. Plans for the street lighting shall be submitted to all applicable agencies prior to release of any City permits. If final construction of the streets lights is not completed prior to building occupancy, a surety bond shall be posted with the City to guarantee their improvements. 8 Planning Commission Resolution No. 2007-54 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: Mr. Nomaan Baig, President/CEO, Daar-Ul-Ilum of Muslim Youth, Inc., 733 Summerwood Avenue, Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 9TH DAY OF OCTOBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tdfi'y-Torng, Vice Cliairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of October 2007, by the following vote: AYES: Commissioners: Nolan, Lee, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: Chair/Nelson ABSTAIN: ComrDissiongrs: shah ATTEST: ncy rgfig, 9 Conditional Use Permit No. 2007-08 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Negative Declaration No. 2007-05, Conditional Use Permit No. 2007-08 and Development Review No. 2007-14 SUBJECT: Private school grades kindergarten through eight APLICANT: Daar-Ul-Ilum of Muslim Youth, Inc., Mr. Nomaan Baig, President/CEO LOCATION: 1009 Via Sorella Street 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 and Development Review No. 2007-14 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. 10 Planning Commission Resolution No. 2007-54 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. 2007-08 and Development Review No. 2007-14 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Applicant shall include signed copies of Planning Commission Resolution No. 2007-54, 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. 4. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees 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 the map's recordation or issuance of building permit, whichever come first. 11 Planning Commission Resolution No. 2007-54 2. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this grant's approval. C. TIME LIMITS This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 21 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval of Conditional Use Permit No. 2007-08 and Development Review No 2007-14 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 attached hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping and irrigation plans, and grading plan on file in the Planning Division, the conditions contained herein, and 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. 4. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of a building permit, a detailed landscape/irrigation plan shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval. The detailed plan shall show the type of planting materials, color, size, quantity and location_ 12 Planning Commission Resolution No. 2007-54 2. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, all landscaping and irrigation shall be installed. 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 granted 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 utilized 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. 4. Submit detailed plans showing location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. 5. Provide adequate capacity for a central trash enclosure to be equipped with recycling receptacles. For every trash bin needed (3 CY or 6 CY), there must be enough space for an equivalent 3 cubic yard recycling bin (51"H x 81 "W x 42"D) shown on the plan as a one to one (1:1) ratio. 6. Provide a separate pedestrian entry, a continuous 6 -inch curbing inside, and overhead trellis work with heavy lumber for the trash enclosure area. 7. Provide metal gates for the trash enclosure. Chain link with wood slats are not acceptable material for gates. 8. The exterior design, materials and colors for the trash enclosure shall be compatible to the building architectural style. 9. Trash enclosure shall be of decorative material such as stucco, plaster, split face block or other material as approved by Community Development Director. Chain link with wood slats or precision block is not acceptable 13 Planning Commission Resolution No. 2007-54 10. Enclosure areas must have drainage from adjoining roofs and pavement diverted around the area to avoid flow-through. Trash enclosure drainage should be directed to vegetated areas where feasible. 11. Enclosure areas must be walled to prevent offsite transport of trash. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING 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. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 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. 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 WAILS The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 2. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. Upon approval of the geotechnical report, 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) 14 Planning Commission Resolution No. 2007-54 calculations shall be submitted to the City concurrently with the grading plan. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. All easements and flood hazard areas shall be clearly identified on the grading plan. 6. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 7. 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. 8. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. g. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 10. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 11. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 12. 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. 13. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate_ 15 Planning Commission Resolution No. 2007-54 14. 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. D. SEWERS Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (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, lounge and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. 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. 16 Planning Commission Resolution No. 2007-54 8. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 9. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 10. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each 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 11. Verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 12. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 13. Fire Department approval is required. 14. Specify location of tempered glass as required by code. 15. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 16 Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The project shall comply with all Fire Department requirements. 2. Emergency access shall be provided, maintaining free and clear, a minimum foot at all times during construction in accordance with Fire Department requirements. 17 Planning Commission Resolution No. 2007-54 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END I PLANNING COMMISSION RESOLUTION NO. 2007-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR A OPTING NEGATIVE DECLARATION NO. 2007-05 AND APPROVING CONDITIONAL USE PERMIT NO. 2007-08 AND DEVELOPMENT i REVIEW NO. 2007-14 FOR A REQUEST TO CONSTRUCT A PRIVATE SCHOOL OF APPROXMATELY 13,760 SQUARE FEET WITH 16,977 SQUARE FEET OF SUBTERRANEAN PARKING LOCATED AT 1009 VIA SORELLA STREET, DIAMOND BAR, CALIFORNIA (APN NO. 8763-001-035) A. RECITALS 1. The prope y owner Daar-Ul-Ilum of Muslim Youth Inc. and applicant, Nomaan Big, President/CEO, have filed an application for Negative Declaration No. 2007-05, Conditional Use Permit No. 2007-08 and Development Review No. 2006-14 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Negative Declaration, Conditional Use Perm—t and Development Review shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 34 property owners of record within a 500 -foot radius of the project site. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Notification of the public hearing for this projectwas provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulle in newspapers. 3. On September 25, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to October 9, 2007, to allow the a plicant additional time to address the Commission's concerns. On Octobe 9, 2007, the Commission concluded the public hearing. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This 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 finds that the project identified above in this Resolution required a Negative Declaration (ND). ND No. 2007-05 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND started August 22, 2007, and ended September 20, 2007. Furthermore, the Planning Commission has reviewed the ND and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a), The project site is an irregularly shaped lot located on the cul-de-sac at the end of Via Sorella Street. It is approximately 20,159 square feet (0.46 acres). The site was developed with a 2,402 square foot single- family residence which was recently demolished. (b) The project site has a General Plan land use designation of Commercial Office (CO). (c) The project site is in the Commercial Office (CO) zoning district. (d) Generally the following zones and uses surround the project site: Site General Plan Zone Uses Project Commercial Office (CO) Commercial Office Single -Family Site (CO) Residence North Commercial Office (CO) Commercial Office Self -storage (CO) facility South N/A N/A SR 57 freeway (e) The Application request includes demolishing an existing residence and constructing a private school for grades Kindergarten through Eight. The building is approximately 13,760 square feet with 16,977 square feet of subterranean parking. Development Review (f) The project site was established and developed with a single-family residence prior to the City's incorporation and under Los Angeles County's jurisdiction. On July 25, 1995, the City adopted a General Plan. The General Plan land use designation for the project site is 2 Planning Commission Resolution No. 2007-54 Commercial Office (CO). This designation allows for a diverse mix of land uses that include commercial retail, office and services. (9) The project site is in the Commercial Office (CO) zoning district which allo s for a variety of land uses including retail, offices, services and schools. The use of the project site was a single-family residence of 2,40 square feet. The single-family residence use is considered non -conforming because homes are not allowed in this zoning designation and not in compliance with the General Plan. According to the Development Code, the proposed private school is allowed in the CO zoning district with a Conditional Use Permit approval. The proposed project meets all the development standards of this zoning district as referenced in the staff report. The proposed architectural style is contemporary with Islamic art and architectural projections. The building is a culmination of box shapes located at different angles which provide varying planes and heights. The main entry is flanked with two columns. The top of the entry is accented with windows and mosaic tile based on Islamic art. Reveals on each elevation, a cornice at the roof line and the window arra6gement are used to minimize the verticality of the building. Two domes are proposed with enhancements based on Islamic art. Earth tone„ colors of Maple View and Warm Butterscotch will be used for stucco and moldings. Anodized aluminum will be used for window and door frames and reveals. The mosaic tile reflects the colors used for the stucco and blue. Metallic copper paint is proposed for the domes. However, staff is requiring non-metallic paint. The proposed project is consistent with the General Plan because it pro ides educational and cultural activities to meet the needs of the Dia and Bar residents. The project will also contribute its "fair -share" for fluture traffic improvement measures and provide off-site traffic imprfovements as prescribed in the General Plan. The project's design meets all the development standards required in the Development Code and as conditioned complies with the City's Design Guideline. The proposed project's layout and design meets all the required City development standards and as conditioned design guidelines as referenced above in Finding (f). As such, the proposed project is not expected to interfere with the use and enjoyment of neighboring existing or future development. The on-site circulation was reviewed and found acceptable. A traffic study was prepared by Albert A. Webb Associates for this project and has been accepted by the City. The traffic study considered the following intersections: Brea Canyon Road/Via Sorella Street; Brea Ca yon Road/Golden Springs Drive; Pathfinder Road/Brea Canyon 3 Planning Commission Resolution No. 2007-54 Road; SR 60 freeway westbound/Brea Canyon Road; SR 60 freeway near Brea Canyon Road; SR 57freeway southbound/Pathfinder Road; and SR 57 freeway northbound/ Pathfinder Road. According to the traffic study, the proposed project would impact Brea Canyon RoadNia Sorella Street; Brea Canyon Road/Golden Springs Drive; and SR 60 freeway westbound/Brea Canyon Road. As a result, the applicant is required to install the following traffic improvement measure and pay their fair -share as follows: • Restripe the intersection to facilitate traffic and turns forthe project site, including left turn lanes and channelization improvements which may include a median area turn refuge and acceleration land for Brea Canyon Road. • Pay the "fair share" contribution of $82,095 for future traffic improvement measures at Brea Canyon Road/Golden Springs Drive, Brea Canyon Road/Pathfinder Road and SR 60 freeway westbound/Brea Canyon Road. The above traffic items are listed as conditions with in this Resolution. Furthermore, pedestrian access is provided to the front entry of the building. Therefore, the proposed project will not create traffic or pedestrian hazards. (h) As referenced in Finding (f) above, the proposed project is consistent with the development standards of the CO zoning district and as conditioned City Design Guidelines. As conditioned, the architectural design is compatible with the newer commercial developments approved by the City. The architectural elements used for this project such as box shapes at different angles, varying planes, columns, cornices reveals and tile accents are consistently used in the newer commercial developments. Earth tone colors are also consistently used. Through the use of these elements and colors, the design of the proposed project is compatible with the surrounding commercial developments in Diamond Bar and will maintain and enhance the harmonious, orderly and attractive development contemplated by the Development Code, General Plan and Design Guidelines. There is no specific plan for this area. U) As referenced in the above findings (f), (g), and (h), the proposed project will provide a desirable environment for its occupants, visiting public and neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing while offering variety in color and texture and a low level of maintenance. Before the issuance of any City permits, the proposed project shall comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire 4 Planning Commission Resolution No. 2007-54 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 007-05 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Conditional Use Permit (I) The proposed private school is allowed in the CO zoning district. This project complies with the required development standard and applicable provision of the Development Code and Municipal Code as referenced in the staff report. (m) There is no applicable specific plan for the project area. However, the proposed project is consistent with the General Plan land use designation forthe project area and provides educational and cultural activities to meet the needs of the Diamond Bar residents as discussed in the General Plan. The project will also contribute its "fair - share" for future traffic improvement measures and provide off-site traffic improvements as prescribed in the General Plan. (n) As di cussed in Finding (f), (g), (h) and (i) above and as conditioned, the d :sign, location and size of the proposed use are compatible with the existing and future land uses in the vicinity. Operating characteristics of the private school are compatible with the learning center and self -storage center adjacent to the project site. The peak operational hours for the learning center are after 3:00 p.m. daily and closed on Sunday. The peak operational hours for the proposed project would mainly be prior to 3:00 p.m. (o) As conditioned, the subject 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 described in Findings (f), (g), (h), (i) and (I) above. (p) The Negative Declaration reviewed issues related to public interest, health, safety and improvement related to this project. It was found that the proposed project as conditioned will not have a significant effect or less than significant effect on these issues. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or 5 Planning Commission Resolution No. 2007-54 improvements in the vicinity and zoning district in which the property is located. (q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 2007-05 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby adopt Negative Declaration No. 2007-05 and approve Conditional Use Permit No. 2007-08 and Development Review No. 2007-14 subject to the following conditions and Standard Conditions attached and referenced herein: a. Planning Division 1. The height of the building from the finished grade of the building pad shall not exceed 42.9 feet to the top of the dome, and shall not exceed 48 feet to the top of the minaret. These height limitations apply to the roof coverings only, and not to the crescents or related supports above the horizontal tangent planes of the roofs. 2. Prior to the issuance of a building permit, the applicant shall provide the City with a noise study for review and approval by the City. All requirements within the study shall be incorporated into the approved project. 3. Prior to the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan that provides planting area adjacent to the building entrance for review and approval by the Planning Division. 4. Child day care shall be prohibited. 5. The maximum number of students permitted shall not exceed 135. 6. All parking shall be confined to on-site in provided parking stalls. 7. Prior to the issuance of a building permit, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time -clock or photo -sensor system. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6 Planning Commission Resolution No. 2007-54 8. Weekday classroom activities shall be limited to 6:00 a.m. to 3:30 p.m. Any changes to the hours and/or days of operation shall be subject to the Planning Division review and approval. Extracurricular activities normally and reasonably associated with school uses, such as after school programs, office hours, and open houses, as well as weekend religious/cultural lessons, may occur in addition to regular class schedules. 9. During the student drop-off and pick-up times, the applicant shall provide supervision to ensure safety and to direct traffic. On -street drop-off and pick-up activities shall only occur alongside fully -improved curbs and sidewalks. 10. All domes shall have a non -reflective finish. All construction materials and colors shall be shown on the construction plans. 11. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Development Review shall be subject to review within six months of Certificate of Occupancy issuance and to periodic reviews thereafter. Additionally, if non-compliance with conditions of approval occurs, the Planning Commission may revoke or modify the Conditional Use Permit and Development Review. 12. If the use of the neighboring property (1019 Via Sorella) is intensified, the applicant shall have the right to a partial reimbursement of right-of-way improvement costs from the neighboring property. 13. Prior to plan check submittal, the applicant shall provide revised elevations of the school building showing additional cornices at the roofline, molding or another type of architectural detail added to the windows and architectural detailing to the building elevations in general and reduce the overall building height to lessen the visual impact from other properties in the area. Said revision shall be reviewed and approved by the Community Development Director. 14. On-site improvements shall include delineated outdoor recreation areas in the northeastern and northwestern hardscaped portions of the subject property. Such improvements shall be delineated on the construction documents. b. Public Works Department 1. Curb, gutter and sidewalk shall be constructed along the cul- de-sac for Via Sorella Street as directed by the City Engineer. 7 Planning Commission Resolution No. 2007-54 2. The portion of the right-of-way (ROW) beyond the cul-de-sac of Via Sorella Street shall be considered for vacation to the owners of each adjacent property at 1009 and 1019 Via Sorella Street. All vacation documents shall be prepared for review and approval by the City. Vacation of the ROW shall be coordinated with each utility company and Caltrans to assure associated easements are executed for maintenance of existing or proposed utility facilities within the current ROW. A reciprocal access agreement for use of the newly vacated ROW shall be executed between the property owners of 1009 and 1019 Via Sorella Street and recorded. The vacation shall be approved prior to the issuance of any City permits. If the vacation is not approved by City Council, the applicant shall re- design the project to meet all landscape requirements. 3. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall restripe the intersection to facilitate traffic and turns for the project site, including left turn lanes and channelization improvements which may include a median area turn refuge and acceleration land for Brea Canyon Road to the satisfaction of the City Engineer. 4. Prior to final inspection or issuance of a Certificate of Occupancy, the applicant shall pay a proportionate "fair share" contribution of $82,095 for future traffic improvement measures at Brea Canyon Road/Golden Springs Drive, Brea Canyon Road and Pathfinder and SR 60 freeway westbound/Brea Canyon Road. 5. Applicant shall install street lighting at the cul-de-sac to meet minimum lighting requirements for pedestrians per the memo by Albert A. Webb Associates dated October 4, 2007. Street lighting plans shall be in accordance with LA County Public Works Department -Lighting Division and Southern California Edison requirements and shall be submitted for both City and LA County plan check. Applicant shall also be required to coordinate construction with Southern California Edison. The street lights shall be annexed into the County Lighting Maintenance District 10006 and Country Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. In addition to separate street lighting plans, these improvements shall be shown on the grading plans with the appropriate notes and details. All required permits for work within the public right-of-way shall be obtained prior to construction. Plans for the street lighting shall be submitted to all applicable agencies prior to release of any City permits. If final construction of the streets lights is not completed prior to building occupancy, a surety bond shall be posted with the City to guarantee their improvements. I 8 Planning Commission Resolution No. 2007-54 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: Mr. Nomaan Baig, President/CEO, Daar-UI-IIum of Muslim Youth, Inc., 733 Summ6rwood Avenue, Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 9TH DAY OF OCTOBER 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 by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of October 2007, by the following vote: AYES: Commissioners: Nolan, Lee, VC/Torng NOES: Commissioners: None ABSENT: Commissioners: Chair/Nelson ABSTAIN: Comqiissiongrs: Shah ATTEST: 9 Conditional Use Permit No. 2007-08 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Negative Declaration No. 2007-05, Conditional Use Permit No. ?007-08 and Development Review No. 2007-14 SUBJECT: Private school grades kindergarten through eight APLICANT: Daar+Ul-IIum of Muslim Youth, Inc., Mr. Nomaan Baig, President/CEO LOCATION: 1009Via Sorella Street ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH TH 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 and Development Review No. 2007-14 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and mployees 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. 10 Planning Commission Resolution No. 2007-54 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. 2007-08 and Development Review No. 2007-14 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Applicant shall include signed copies of Planning Commission Resolution No. 2007-54, 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. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees 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 the map's recordation or issuance of building permit, whichever come first. 11 Planning Commission Resolution No. 2007-54 2'. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within fie days of this grant's approval. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 21 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval of Conditional Use Permit No. 2007-08 and Development Review No 12007-14 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 attached hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping and irrigation plans, and grading plan on file in the Planning Division, the conditions contained herein, and 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. 4. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to issuance of a building permit, a detailed landscape/irrigation plan shall be pr pared by a licensed landscape architect and submitted to the Planning Division for review and approval. The detailed plan shall show the type of planting materials, color, size, quantity and location. 12 Planning Commission Resolution No. 2007-54 2. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, all landscaping and irrigation shall be installed. 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 granted 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 utilized 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. 4. Submit detailed plans showing location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. 5. Provide adequate capacity for a central trash enclosure to be equipped with recycling receptacles. For every trash bin needed (3 CY or 6 CY), there must be enough space for an equivalent 3 cubic yard recycling bin (51"H x 81 "W x 42"D) shown on the plan as a one to one (1:1) ratio. 6. Provide a separate pedestrian entry, a continuous 6-inch curbing inside, and overhead trellis work with heavy lumber for the trash enclosure area. 7. Provide metal gates for the trash enclosure. Chain link with wood slats are not acceptable material for gates. 8. The exterior design, materials and colors for the trash enclosure shall be compatible to the building architectural style. 9. Trash enclosure shall be of decorative material such as stucco, plaster, split face block or other material as approved by Community Development Director. Chain link with wood slats or precision block is not acceptable 13 Planning Commission Resolution No. 2007-54 10. Enclosure areas must have drainage from adjoining roofs and pavement diverted around the area to avoid flow-through. Trash enclosure drainage should be directed to vegetated areas where feasible. 11. Enclosure areas must be walled to prevent offsite transport of trash. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING 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. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate, the appropriate Best Management Practices (BMP's) as specified in' the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWP 'P) will be needed. Please refer to City handouts. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 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. 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 Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of- way. 2. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnic;al Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 3. Upon approval of the geotechnical report, 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) 14 Planning Commission Resolution No. 2007-54 calculations shall be submitted to the City concurrently with the grading plan. 4. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 5. All easements and flood hazard areas shall be clearly identified on the grading plan. 6. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 7. 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. 8. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 9. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 10. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 11. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 12. 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. 13. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 15 Planning Commission Resolution No. 2007-54 14. 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 1 Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the developmerht 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. D. SEWERS 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 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 subnnittal. 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 building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (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, lounge and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. 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. 16 Planning Commission Resolution No. 2007-54 8. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 9. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 10. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height c. Type of construction d. Sprinkler system e. Each 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 11. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 12. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 13. Fire Department approval is required. 14. Specify location of tempered glass as required by code. 15. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 16 Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The project shall comply with all Fire Department requirements. 2. Emergency access shall be provided, maintaining free and clear, a minimum foot at all times during construction in accordance with Fire Department requirements. 17 Planning Commission Resolution No. 2007-54 I 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 18 Planning Commission Resolution No. 2007-54