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HomeMy WebLinkAboutPC 2010-01PLANNING COMMISSION RESOLUTION NO. 2010-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2009-20, TO ESTABLISH AND CONSTRUCT A SMALL COLLECTIONS RECYCLING FACILITY LOCATED AT 2825 DIAMOND BAR BOULEVARD (APN: 8285-020-037) A. RECITALS 1. The property owner, Country Hills Holdings, and applicant, SergeyAbramov, have filed an application for Development Review No. PL2009-20 to establish and construct a small collections recycling facility to be located at Diamond Hills Plaza, 2825 Diamond Bar Boulevard, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review shall collectively be referred to as the "Project." 2 Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. On January 12, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Project. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (New Construction of Small Facilities or Structures) of the CEQA Guidelines. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48.040, this Planning Commission hereby finds as follows: 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The design and layout of the small collection facility is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas by being compatible with the existing uses in the shopping center, and adequately screened and buffered from nearby residences. The facility meets all of the applicable development code standards. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The small collection facility is compatible and supplemental to the uses in the shopping center because of the commercial uses that already exist. Traffic and pedestrian hazards at the shopping center will not increase because the facility is proposed on existing designated parking spaces and is also located within an area with light vehicular and pedestrian activity. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural design of the small collection facility is compatible with the shopping center by maintaining a neutral colored kiosk and containers. The kiosk will not exceed 12 feet in height. The kiosk and containers will be screened and buffered from nearby residences by the surrounding landscaping. 4. 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 and will retain a reasonably adequate level of maintenance; 2 Planning Commission Resolution No. 2010-01 The design of the Project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through the use of harmonious colors and the use of screening by surrounding landscaping. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, the Building and Safety Division, and Public Works Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally, the proposed project will not have a negative affect on property values or in the vicinity. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: The project shall substantially conform to Site Plan, Elevations, and Details collectively labeled and referenced herein as Exhibit "A" dated October 27, 2009, as submitted to, amended herein, and approved by the Planning Commission. 2. The applicant and owner shall be solely responsible for ascertaining and complying with all Federal, State, County and City regulations. 3. To ensure compliance with all conditions of approval and applicable codes, the Project shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may revoke or modify the Development Review. 4. Hours of operation shall be limited to Monday through Saturday 9:00 am to 5:00 pm and closed on Sundays and holidays. The maintenance and replacement of the containers shall only occur between 7:00 am to 8:30 am and 5:30 pm to 8:30 pm. 5. The project limits shall not exceed the boundaries delineated on the approved site plan. 6. An additional tree shall be planted within the planter area abutting the south side of the project limits to screen the containers from Cold Springs Lane. 3 Planning Commission Resolution No. 2010-01 The tree shall match the existing species of the surrounding landscaping and shall be in a 24" box. The precise location shall be subject to review and approved by the Planning Division. 7. The small collection facility shall at all times be subject to the operational criteria set forth under DBMC Section 22.42.100 (2) b. 8. The containers and kiosk shall be locked to prevent unauthorized entry or removal of recyclables during non -business hours. 9. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti shall be removed within 24 hours of being found. 10. A waste receptacle shall be located nearby that matches the trash containers along the pedestrian ways in the shopping center and shall be located within close proximity to the recycling facility. 11. The existing restroom facilities at Super H -Mart shall be shared with the employees of the recycling center. 12. The colors of the collection kiosk shall match the description and the elevations on file with the Planning Division. 13. Identification and directional signage associated with the small collection facility shall be in conformance with DBMC Section 22.36 and under the center's approved sign program. Directional signage is expressly limited to placement on the existing, authorized Diamond Hills Plaza way finding signs. 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: Sergey Abramov, 532 North Louise Street #C, Glendale, CA 91206, and Country Hills Holdings, 422 South Corona Mall, Corona, CA 92879. 4 Planning Commission Resolution No. 2010-01 APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: e._._ T orng, Chairma 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of January 2010, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: No,,,,, ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: AW Greg Gubman, Secretary 5 Development Review No. PL2009-20 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL2009-20 SUBJECT: Small Collections Recycling Facility APPLICANT: Sergey Abramov LOCATION: Diamond Hills Plaza, 2825 Diamond Bar Boulevard, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL20090000020 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 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. PL2009-20, at the City of Diamond 6 Planning Commission Resolution No. 2010-01 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 and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2010-01 Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the 7 Planning Commission Resolution No. 2010-01 applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL2009-20 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All structures, including wails, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A separate trash receptacle outside the recycling center shall be included for additional waste that may accumulate during open and closed hours. This 8 Planning Commission Resolution No. 2010-01 trash receptacle shall have a lid to keep rodents and birds from distributing the waste when the center is closed. 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 the 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. 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. Please submit a total of 2 full set of plans for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission . 6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, entry, etc. END 9 Planning Commission Resolution No. 2010-01 PLANNING COMMISSION RESOLUTION NO. 2010-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2009-20, TO ESTABLISH AND CONSTRUCT A SMALL COLLECTIONS RECYCLING FACILITY LOCATED AT 2825 DIAMOND BAR BOULEVARD (APN: 8285-020-037) A. RECITALS 1. The property owner, Country Hills Holdings, and applicant, Sergey Abramov, have filed an application for Development Review No. PL2009-20 to establish and construct a small collections recycling facility to be located at Diamond Hills Plaza, 2825 Diamond Bar Boulevard, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review shall collectively be referred to as the "Project." 2 Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. On January 12, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Project. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (New Construction of Small Facilities or Structures) of the CEQA Guidelines. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48.040, this Planning Commission hereby finds as follows: 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The design and layout of the small collection facility is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas by being compatible with the existing uses in the shopping center, and adequately screened and buffered from nearby residences. The facility meets all of the applicable development code standards. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The small collection facility is compatible and supplemental to the uses in the shopping center because of the commercial uses that already exist. Traffic and pedestrian hazards at the shopping center will not increase because the facility is proposed on existing designated parking spaces and is also located within an area with light vehicular and pedestrian activity. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20, Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural design of the small collection facility is compatible with the shopping center by maintaining a neutral colored kiosk and containers. The kiosk will not exceed 12 feet in height. The kiosk and containers will be screened and buffered from nearby residences by the surrounding landscaping. 4. 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 and will retain a reasonably adequate level of maintenance; 2 Planning Commission Resolution No. 2010-01 The design of the Project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through the use of harmonious colors and the use of screening by surrounding landscaping. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, the Building and Safety Division, and Public Works Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally, the proposed project will not have a negative affect on property values or in the vicinity. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 1. The project shall substantially conform to Site Plan, Elevations, and Details collectively labeled and referenced herein as Exhibit "A" dated October 27, 2009, as submitted to, amended herein, and approved by the Planning Commission. 2. The applicant and owner shall be solely responsible for ascertaining and complying with all Federal, State, County and City regulations. 3. To ensure compliance with all conditions of approval and applicable codes, the Project shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may revoke or modify the Development Review. 4. Hours of operation shall be limited to Monday through Saturday 9:00 am to 5:00 pm and closed on Sundays and holidays. The maintenance and replacement of the containers shall only occur between 7:00 am to 8:30 am and 5:30 pm to 8:30 pm. 5. The project limits shall not exceed the boundaries delineated on the approved site plan. 6. An additional tree shall be planted within the planter area abutting the south side of the project limits to screen the containers from Cold Springs Lane. 3 Planning Commission Resolution No. 2010-01 The tree shall match the existing species of the surrounding landscaping and shall be in a 24" box. The precise location shall be subject to review and approved by the Planning Division. 7. The small collection facility shall at all times be subject to the operational criteria set forth under DBMC Section 22.42.100 (2) b. 8. The containers and kiosk shall be locked to prevent unauthorized entry or removal of recyclables during non -business hours. 9. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti shall be removed within 24 hours of being found. 10. A waste receptacle shall be located nearby that matches the trash containers along the pedestrian ways in the shopping center and shall be located within close proximity to the recycling facility. 11. The existing restroom facilities at Super H -Mart shall be shared with the employees of the recycling center. 12. The colors of the collection kiosk shall match the description and the elevations on file with the Planning Division. 13. Identification and directional signage associated with the small collection facility shall be in conformance with DBMC Section 22.36 and under the center's approved sign program. Directional signage is expressly limited to placement on the existing, authorized Diamond Hills Plaza way finding signs. 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: Sergey Abramov, 532 North Louise Street #C, Glendale, CA 91206, and Country Hills Holdings, 422 South Corona Mall, Corona, CA 92879. 4 Planning Commission Resolution No. 2010-01 APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: orng, Chairma I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of January 2010, by the following vote: AYES: Commissioners: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Pa0,0 Greg Gubman, Secretary 5 Development Review No. P12009-20 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL2009-20 SUBJECT: Small Collections Recycling Facility APPLICANT: Sergey Abramov LOCATION: Diamond Hills Plaza, 2825 Diamond Bar Boulevard, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL20090000020 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 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. PL2009-20, at the City of Diamond 6 Planning Commission Resolution No. 2010-01 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 and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2010-01 Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the 7 Planning Commission Resolution No. 2010-01 applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL2009-20 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A separate trash receptacle outside the recycling center shall be included for additional waste that may accumulate during open and closed hours. This 8 Planning Commission Resolution No. 2010-01 trash receptacle shall have a lid to keep rodents and birds from distributing the waste when the center is closed. 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 the 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. 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. Please submit a total of 2 full set of plans for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission . 6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, entry, etc. END Planning Commission Resolution No. 2010-01