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HomeMy WebLinkAboutPC 2009-21PLANNING COMMISSION RESOLUTION NO. 2009-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW 2009-06 FOR DIAMOND HILLS PLAZA IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRING ROAD AND COLD SPRING LANE, DIAMOND BAR, CALIFORNIA (APNs 8285-020-31 THROUGH 51). A. RECITALS. The property owner and applicant, Country Hills Holdings LLC, has filed an application for Development Review 2009-06, for Diamond Hills Plaza, located on Diamond Bar Boulevard between Fountain Springs Road and Cold Spring Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 11, 2009, Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On September 22, 2009, the Planning Commission of the City of Diamond Bar conducted 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: 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 determines that this project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed renovation to two existing commercial buildings and the construction of a new multi -tenant building is consistent with the C-2 zone's development standards and the City's Design Guidelines. In addition, the proposed project with conditions of approval is consistent, in terms of mass, scale and appearance, with the surrounding commercial center. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a developed commercial shopping center. The existing public and private improvements are in place to support the proposed renovation and new building. The proposed commercial improvements will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed renovation and new retail building is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complete an ongoing renovation to an existing shopping center. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with the improvements that have already taken place in Diamond Hills Plaza. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative effect on 2 Planning Commission Resolution No. 2009-21 property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed renovation and new construction is consistent with the commercial center and it will not negatively impact the public health, safety or general welfare. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. The applicant shall comply with all foregoing Standard Conditions of Approval. C. All conditions of approval for Development Review No. 2004-19, Conditional Use Permit No. 2004-01, Variance 2004-01, approved by City Council Resolution No. 2005-60 shall remain in full force and effect except as amended herein. d. Prior to the issuance of grading or building permits, the applicant shall provide a construction circulation plan to the Planning Division that indicates the path of travel for all construction traffic. While under construction the areas that are accessible to the public shall have a clear path of travel. e. Prior to installation of any outdoor furniture and/or landscape features (e.g., benches, tables, fountains, etc.,) the applicant shall submit details and plans to the Planning Division for review and approval. Final construction drawings shall provide additional architectural relief to the north elevation of the multi -tenant building adjacent the day care building. These revisions shall be subject to approval of the Community Development Director prior to the issuance of building permits. g. Prior to issuance of building permits, the applicant shall submit final landscape plans for review by the Planning Division. Plans shall include a complete plant legend and provide complete details on all proposed and existing fencing, including height and location. If staff makes the determination that the landscaping along Cold Spring Lane does not adequately screen the day care building the applicant will be required to work with the Planning Division to revise the mansard roof to provide a more architecturally compatible roof line. 3 Planning Commission Resolution No 2009-21 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 Applicant, Attn: Robert Poyner, Country Hills Holding, LLC, 8115 Preston Road, Suite 400 Dallas, TX 75225 APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torn airman I, Greg Gubman, 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 22nd of September 2009, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg G man, Secretary 4 Development Review No. 2009-00 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT NO.: Development Review No, 2009-06 SUBJECT: Renovation of two existing commercial buildings and the demolition of an existing movie theater and construction of a new multi -tenant 14,700 square foot retail building. PROPERTY OWNER: Country Hills Holding, LLC APPLICANT: Robert Poyner LOCATION: Diamond Hills Plaza, Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road 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 Development review No. 2009-06 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: 5 Planning Commission Resolution No. 2009-21 (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 defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2009-06, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. 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 Comprehensive Sign Program No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised 6 Planning Commission Resolution No. 2009-21 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENR, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: An Erosion Control and Drainage Plan shall be submitted to the Public Works Engineering Department prior to permit issuance for review and approval. This plan shall clearly detail erosion control measures and drainage patterns. Erosion control 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, 2. The proposed change in use from the original development plans may warrant the removal of certain traffic mitigations that were identified in the Mitigated Negative Declaration. Since the current Day Care use will remain rather than building the original proposed three-story Medical Office Building, the mitigation to restripe the southbound lanes on Diamond Bar Blvd. at Cold Spring Lane may not be required. Prior to issuance of building permits, a revised traffic analysis to determine if the re -striping of the southbound lane at Cold Spring Lane as identified in the Traffic Impact Analysis Report is still warranted shall be submitted to the Public Works/Engineering Department for review and approval. If it is determined that this conditions is to remain a requirement of the development then the implementation of this mitigation shall be completed prior to issuance of any certificate of occupancy 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7 Planning Commission Resolution No. 2009-21 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Building Codes and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 11. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. A height survey may be required at completion of framing. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 14. 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 8 Planning Commission Resolution No. 2009-21 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 15. Verify adequate exit requirements. The distance between required exits shall be '/z of the building diagonal. 16. All balconies shall be designed for 601b. live load. 17. Indicate all easements on the site plan. 18. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 19. 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. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 9 Planning Commission Resolution No 2009-21 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 10 Planning Commission Resolution No. 2009-21 PLANNING COMMISSION RESOLUTION NO. 2009-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF DEVELOPMENT REVIEW 2009-06 FOR DIAMOND HILLS PLAZA IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRING ROAD AND COLD SPRING LANE, DIAMOND BAR, CALIFORNIA (APNs 8285-020-31 THROUGH 51). A. RECITALS. 1. The property owner and applicant, Country Hills Holdings LLC, has filed an application for Development Review 2009-06, for Diamond Hills Plaza, located on Diamond Bar Boulevard between Fountain Springs Road and Cold Spring Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 11, 2009. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On September 22, 2009, the Planning Commission of the City of Diamond Bar conducted 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. 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 determines that this project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed renovation to two existing commercial buildings and the construction of a new multi -tenant building is consistent with the C-2 zone's development standards and the City's Design Guidelines. In addition, the proposed project with conditions of approval is consistent, in terms of mass, scale and appearance, with the surrounding commercial center. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located within a developed commercial shopping center. The existing public and private improvements are in place to support the proposed renovation and new building. The proposed commercial improvements will not negatively impact the existing or future development of the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed renovation and new retail building is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an in fill development that will complete an ongoing renovation to an existing shopping center. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with the improvements that have already taken place in Diamond Hills Plaza. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative effect on 2 Planning Commission Resolution No. 2009-21 property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed renovation and new construction is consistent with the commercial center and it will not negatively impact the public health, safety or general welfare. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. The applicant shall comply with all foregoing Standard Conditions of Approval. C. All conditions of approval for Development Review No. 2004-19, Conditional Use Permit No. 2004-01, Variance 2004-01, approved by City Council Resolution No. 2005-60 shall remain in full force and effect except as amended herein. d. Prior to the issuance of grading or building permits, the applicant shall provide a construction circulation plan to the Planning Division that indicates the path of travel for all construction traffic. While under construction the areas that are accessible to the public shall have a clear path of travel. e. Prior to installation of any outdoor furniture and/or landscape features (e.g., benches, tables, fountains, etc.,) the applicant shall submit details and plans to the Planning Division for review and approval. f. Final construction drawings shall provide additional architectural relief to the north elevation of the multi -tenant building adjacent the day care building. These revisions shall be subject to approval of the Community Development Director prior to the issuance of building permits. g. Prior to issuance of building permits, the applicant shall submit final landscape plans for review by the Planning Division. Plans shall include a complete plant legend and provide complete details on all proposed and existing fencing, including height and location. If staff makes the determination that the landscaping along Cold Spring Lane does not adequately screen the day care building the applicant will be required to work with the Planning Division to revise the mansard roof to provide a more architecturally compatible roof line. 3 Planning Commission Resolution No 2009-21 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 Applicant, Attn: Robert Poyner, Country Hills Holding, LLC, 8115 Preston Road, Suite 400 Dallas, TX 75225 APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: A021111010111I-111.1.- Tony Torn AMP -airman I, Greg Gubman, 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 22nd of September 2009, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg G man, Secretary 4 Development Review No. 2009-06 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT NO.: Development Review No, 2009-06 SUBJECT: Renovation of two existing commercial buildings and the demolition of an existing movie theater and construction of a new multi -tenant 14,700 square foot retail building. PROPERTY OWNER: Country Hills Holding, LLC APPLICANT: Robert Poyner LOCATION: Diamond Hills Plaza, Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road 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 Development review No. 2009-06 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: 5 Planning Commission Resolution No. 2009-21 (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 defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2009-06, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7 The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. 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 Comprehensive Sign Program No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised 6 Planning Commission Resolution No. 2009-21 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. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENR, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. An Erosion Control and Drainage Plan shall be submitted to the Public Works Engineering Department prior to permit issuance for review and approval. This plan shall clearly detail erosion control measures and drainage patterns. Erosion control 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. 2. The proposed change in use from the original development plans may warrant the removal of certain traffic mitigations that were identified in the Mitigated Negative Declaration. Since the current Day Care use will remain rather than building the original proposed three-story Medical Office Building, the mitigation to restripe the southbound lanes on Diamond Bar Blvd. at Cold Spring Lane may not be required. Prior to issuance of building permits, a revised traffic analysis to determine if the re -striping of the southbound lane at Cold Spring Lane as identified in the Traffic Impact Analysis Report is still warranted shall be submitted to the Public Works/Engineering Department for review and approval. If it is determined that this conditions is to remain a requirement of the development then the implementation of this mitigation shall be completed prior to issuance of any certificate of occupancy 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7 Planning Commission Resolution No. 2009-21 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. Occupancy of the facilities shall not commence until such time as all Building Codes and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7 This project shall comply with the energy conservation requirements of the State of California Energy Commission. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 11. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. A height survey may be required at completion of framing. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 14. 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 8 Planning Commission Resolution No, 2009-21 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 15. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 16. All balconies shall be designed for 60Ib. live load. 17. Indicate all easements on the site plan. 18. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 19. 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. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 9 Planning Commission Resolution No 2009-21 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 10 Planning Commission Resolution No. 2009-21