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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND
APPROVE DEVELOPMENT REVIEW, TENTATIVE TRACT MAP NO. 72067
AND PARKING PERMIT PLANNING CASE NO. PL2012-455 TO
CONSTRUCT A 21,794 SQUARE -FOOT, NEW TWO STORY
PROFESSIONAL OFFICE BUILDING, TENTATIVE TRACT MAP TO
SUBDIVIDE AIR SPACE FOR AN 11 -UNIT OFFICE CONDOMINIUM, AND A
PARKING PERMIT TO SHARE DRIVEWAY ACCESS AND PARKING
BETWEEN THE PROPOSED DEVELOPMENT AND THE LOT TO THE
NORTH OF THE PROJECT SITE LOCATED AT 650 BREA CANYON ROAD,
DIAMOND BAR, CA 91789 (ASSESSOR'S PARCEL NO. 8719-010-901).
A. RECITALS
1. Property owner, Peichin Lee of Brea Canyon Investments, LLC, filed an
application for the following entitlements: (1) Development Review approval to
construct a new 21,794 square -foot, two story professional office building;
(2) Tentative Tract Map No. 72067 to subdivide air space for an 11 -unit office
condominium; and (3) Parking Permit to share driveway access and parking
between the proposed development and the lot to the north of the project site
located at 650 Brea Canyon Road, Diamond Bar, Los Angeles County,
California ("Project Site").
2. The Project Site is currently comprised of one parcel totaling 0.97 acres. It is
located in the Professional Office (OP) zone and is consistent with the Light
Industrial land use designation of the General Plan.
3. The legal description of the subject property is Parcel 1 of Parcel Map
No. 16640. The Assessor's Parcel Number is 8719-010-901.
4. Pursuant to the California Environmental Quality Act, California Public
Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing
guidelines, California Code of Regulations, Title 14, Section 15000 et seq., an
initial study was prepared and it has been determined that the proposed project
qualifies for a Mitigated Negative Declaration as the proposed project will not
have a significant effect on the environment by properly conditioning the project
("mitigation measures") to make the project acceptable. In accordance to the
provisions of Section 15070 of the CEQA Guidelines, the City prepared and
filed a Notice of Availability and Intent to Adopt Mitigated Negative Declaration
for the project on May 23, 2013, with the Los Angeles County Clerk. Pursuant
to CEQA Section 15105, the public review period for the Negative Declaration
began May 31, 2013, and ended June 20, 2013.
5. On June 14, 2013, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. Public hearing notices were mailed to property owners within a
500 -foot radius of the project site and public notices were posted at the City's
designated community posting sites on June 13, 2013. In addition to the
published and mailed notices, the project site was posted with a display board.
6. On June 25, 2013, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
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 has independently considered the Initial Study and
Mitigated Negative Declaration that was made available for public review, and
all other oral and written public comments received prior to or at the public
hearing prior to adopting this Resolution. The Planning Commission finds that
the Mitigated Negative Declaration reflects the City's independent judgment and
analysis. The Planning Commission hereby determines on the basis of the
whole record before it, including the Initial Study and comments received, that
there is no substantial evidence that the proposed Project will have a significant
effect on the environment, and on that basis, hereby recommends the City
Council adopt the Mitigated Negative Declaration. The record of proceedings
on which the Planning Commission's decision is based is located at the City of
Diamond Bar, 21810 Copley Drive, Diamond Bar, California, Community
Development Department/Planning Division. The custodian of record of
proceedings is the Director of Community Development.
3. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, there is
no evidence before this Planning Commission that the Proposed Project 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.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48, 21.20.080 and 22.30.050, this
Planning Commission hereby finds and recommends as follows:
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Planning Commission Resolution No 2013-16
Development Review Findings (QBMQ Section 22.48)
1 The design and layout of the proposed development are consistent with the
general plan, 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 proposed office building is consistent with the applicable elements of the
City's General Plan, City Design Guidelines and development standards by
meeting a// of the required setbacks, The proposed building has been designed
in a contemporary modem style and incorporates principles of the modem
architecture with its simplicity of building form and windows with nonsuperfluous
details. In addition, the massing of the entrance/lobby area is taller than the
other parts of the building and incorporates an alcove to the building entrance,
bringing this element down to a human scale. The tall glazing openings have
mullions to break up the big glass panels, and reveals are added on the
elevations to break up the flat walls. The building is also consistent with the
City's Commercial Design Guidelines Pages 8-13, which incorporates the
following principles:
Monotony of building design as well as busyness is avoided. Variation in
wall place, roof line, detailing materials are used to prevent monotonous
appearance in buildings;
Parapet walls are treated as an integral part of the building design;
The exterior building design, including roof style, color, materials,
architectural form and detailing is consistent on all elevations of each
building to achieve design harmony and continuity within itself;
Articulation and accent color for identity and interest is provided for the
building entrance; and
Contains elements which transition to the human scale, particularly near the
ground.
The project site is not a part of any theme areas, specific plans, community
plans, boulevards or planned developments,
2. The design and layout of the proposed development will not interfere with the
use and enjoyment of neighboring existing or future developments, and will not
create traffic or pedestrian hazards:
The proposed building will not interfere with the use or enjoyment of
neighboring existing or future developments because the use of the project site
is designated for commercial uses and surrounded by commercial uses to the
north, east and west.
The proposed building will not interfere with vehicular or pedestrian movements,
such as access or other functional requirements. A traffic analysis report
concluded that the proposed project would not cause any intersections or street
3 planning Commission Resolution No 2013-16
segments in the vicinity to operate an unacceptable level of service. All
intersections and roadway segments will continue to maintain an acceptable
level of service. In addition, the project site is prohibited from semi -trucks
accessing the site due to the narrow width of the driveway. This prohibition
would only allow smaller service/delivery trucks to access the site. The project
is conditioned to include this prohibition in the Covenants, Conditions, and
Restrictions as well as the reciprocal parking and access agreement, subject to
review and approval by the Planning Division, Public Works/Engineering
Department and City Attorney.
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain and enhance the
harmonious, orderly and attractive development contemplated by this chapter,
the general plan, or any applicable specific plan:
The architectural style is a contemporary modern style and is designed to be
compatible with the character of the neighborhood and further enhances the
visual quality of the neighborhood. There is no specific plan for the project
area.
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, and will remain aesthetically
appealing:
The design of the new proposed building is a contemporary modern style of
architecture. Variation in the building elements has been achieved through the
utilization of varying architectural features such as higher parapet walls for the
lobby entrance, tall storefront glazing at the rear corner of the building, reveals
on the elevations, and different use of building colors and materials. The
project has a sense of balance, involving well-proportioned masses and
composition. The incorporation of an alcove for the entrance/lobby area brings
the building to an intimately scaled, human level.
5. The proposed development will riot be detrimental to the 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:
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building and
Safety Division and Public Works Departments, and L.A. County Fire
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.
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA):
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Planning Commission Resolution No 2013-16
Staff prepared an initial study and determined that the proposed project
qualifies for a Mitigated Negative Declaration as the proposed project will not
have a significant effect on the environment by properly conditioning the project
("mitigation measures') to make the project acceptable. In accordance to the
provisions ons of Section 15070 of the CEQA Guidelines, the City prepared and
filed a Notice of Availability and Intent to Adopt Mitigated Negative Declaration
for the project on May 23, 2013, with the Los Angeles County Clerk. Pursuant
to CEQA Section 15105, the public review period for the Negative Declaration
began May 31, 2013, and ended June 20, 2013,
'Tentative Map Findings: Pursuant to Subdivision Code Section 21.20,080 of the City's
Subdivision Ordinance, the Planning Commission makes the following findings:
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the general plan and any applicable specific
plan:
The proposed project involves the condominium subdivision of the site with 11
office units, and approximately 0. 72 acres of parking areas, driveway
easements, and landscaping, The General Plan land use designation for the
-1
site is Light Industrial (l). The proposed project is consistent with the General
Plan land use designation. The project site is not a part of any specific plan,
2. The site is physically suitable for the type and proposed density of
development:
The proposed condominium subdivision will be consistent with the General Plan
land use designation of Light Industrial, which allows for the development of 11
office units in a 21,794 square -foot building. The building will have an
approximately 52' setback from Brea Canyon Road and 20' from Washington
Street and is located within an urbanized area adequately served by existing
roadways and infrastructure, Therefore the property is physically able to
accommodate the proposed development,
3. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or injure fish or wildlife or their habitat:
The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or injure fish or wildlife or their habitat
because the existing site is located in an urbanized area that does not contain
habitats or would otherwise injure fish or wildlife or their habitat.
4. The design of the subdivision or type of improvements will not cause serious
public health or safety problems:
The proposed subdivision or type of improvements are not likely to cause
serious public health or safety problems because the existing site is located in
an urbanized area and is consistent with other similar improvements in the
area.
5 Planning Commission Resolution No 2013-16
5. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large for access through or use of,
property within the proposed subdivision:
A condition of approval is added to the project requiring a reciprocal parking
and access agreement with the existing lot to the north of the project site for the
use and access of all common roads, driveways, parking, and easement areas,
prior to final map approval.
6. The discharge of sewage from the proposed subdivision into the community
sewer system would riot result in violation of existing requirements prescribed
by the California Regional Water Quality Control Board:
The project site shall be served by a separate sewer lateral which shall not
cross any other lot lines. In the event that it is determined that each lot is not
serviced by a separate independent sewer lateral, joint sewer maintenance and
sewer line easements which cross the lot lines shall be identified in the joint
agreements between properties. Therefore, no further environmental review is
required. The applicant shall construct the sewer system in accordance with
the City Building and Safety Division and County Sanitation District Standards
prior to building occupancy.
7. A preliminary soils report or geologic hazard report does riot indicate adverse
soil or geologic conditions:
The existing pad was previously improved with buildings. Further grading will
be constructed, operated, and maintained in accordance with the
recommendations contained in the preliminary geotechnical investigation to
assure that geotechnical stability is maintained or increased.
8. The proposed subdivision is consistent with all applicable provisions of the
City's subdivision ordinance, the development code, and the subdivision map
act:
The proposed subdivision is consistent with the City's subdivision ordinance,
subdivision map act, and applicable development code. The proposed building
complies with all required setbacks and development code regulations.
Parking Permit Findings (DBMC Section 22.30.050)
1. The intent of the parking regulations, which is to ensure that sufficient parking
will be provided to serve the use intended and potential future uses of the
subject site, is preserved:
The proposed professional office building is 21, 794 square feet, and requires 60
parking spaces. The existing gross floor area of the one story industrial
office/warehouse building to the north of the project site is 20,571 square feet,
and requires 31 parking spaces. There are 37 spaces proposed to be provided
on the project site and the lot to the north has 54 spaces. Therefore, there will
be 91 spaces, and will comply with the requirement.
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Planning Commission Resolution No 2013-16
2. A parking permit is approved in compliance with Section 22.30.050 (Reduction
of off-street parking requirements for shared uses):
When reviewing parking impacts, the various uses and peak business hours for
those uses are taken into consideration. The existing industrial office and
warehouse building and the proposed office building have different uses which
results in a range of peak business hours and parking demands. In addition,
the proposed parking spaces as well as the existing parking supply to the north
of the project site are adequate and can accommodate shared spaces. Due to
this, staff does not foresee any parking issues resulting from the proposed use.
In addition, the property to the north of the project site is not heavily congested
or utilized.
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and
recommends that the City Council adopt the Mitigated Negative Declaration and
approve the Development Review, Tentative Tract Map and Parking Permit, subject to
the following conditions, and the attached Standard Conditions of Approval-.
A. GENERAL
1 The subdivision shall comply with the Conditions of Approval attached
hereto and referenced herein.
2. The applicant shall comply with the requirements of Planning and
Building and Safety Divisions, Public Works/Engineering Department,
and the Los Angeles County Fire Department.
3. This approval shall not be effective for any purpose until the
applicant/owner of the property involved has filed, within twenty-one (21)
days of approval of this Development Review, Tentative Tract Map
No. 72067 and Parking Permit No. PL2012-455, at the City of Diamond
Bar Community Development Department, an affidavit stating that the
applicant/owner is aware of and agree to accept all the conditions of this
approval. Further, this approval shall not be effective until the applicant
pay the remaining City processing fees.
4. The applicant shall comply with Diamond Bar Municipal Code
Section 22.34,050. A permanent landscape maintenance program shall
be implemented ensuring regular irrigation, fertilization, and weed
removal. All landscaping shall be maintained in a healthy, neat and
orderly condition, free of weeds and debris and with operating irrigation
at all times.
1. This approval is for the site plan, elevations, exterior materials, and
conceptual landscape plans for a new 21,794 square -foot, two-story
7 Planning Commission Resolution No 2013-16
professional office building to be constructed at 650 Brea Canyon Road,
as described in the staff report and depicted on the approved plans on
file with the Planning Division, subject to the conditions in this
Resolution.
2. The construction documents submitted for plan check shall be in
substantial compliance with the architectural plans approved by the City
Council, as modified pursuant to the conditions below. If the plan check
submittal is not in substantial compliance with the approved
Development Review submittal, the plans may require further staff
review and re -notification of the surrounding property owners, which may
delay the project and entail additional fees.
3. Within five (5) days following approval, the applicant shall submit a
$2,156.24 Department of Fish and Game filing fee pursuant to
Section 711.4(c) of the Fish and Game Code.
4. The Mitigation Monitoring and Reporting Program outlined in the
Mitigated Negative Declaration and approved by the City shall be
implemented and complied with.
5. Prior to building permit issuance, landscape and irrigation plans shall be
submitted for review and approval by the City's Consulting Landscape
Architect and shall comply with the Water Conservation Landscaping
Ordinance.
6. The final landscape plans shall show that the three Mexican pale verde
trees are replaced with a non-invasive species, and additional groupings
of a more transitional plant layout shall be added along Washington
Street and the corner of Washington Street and Brea Canyon Road in
order to blend into the existing landscape. These items will be verified
during landscape plan check.
7. All existing landscaping and public improvements damaged during
construction shall be repaired or replaced upon project completion.
8. Prior to plan check submittal, submit catalog cut sheets of the parking lot
light poles for review and approval by the Planning Division.
C. TENTATIVE TRACT MAP
1. The development shall comply with the specific requirements of
Chapter 21,30 (Subdivision Design and Improvement Requirements) and
Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision
Ordinance, as applicable.
2. The approval of Tentative Tract Map No. 72067 expires within three
years from the date of approval if the recordation of the map has not
been exercised as defined per Diamond Bar Municipal Code (DBMC)
8
Planning Commission Resolution No 2013-16
Section 21.20.140. The applicant may request in writing for a time
extension if submitted to the City no less than 30 days prior to the
approval's expiration date, subject to DBMC Section 21.20.150 for City
Council approval,
3. Prior to final map approval, the Covenants, Conditions, and Restrictions
(CC&R's) that governs the 11 -unit condominium building shall be
submitted for review and approval by the City Attorney.
D. PARKING PERMIT
1. Prior to final map approval, a reciprocal access and parking agreement
for the use and access of all common roads, driveways, parking, and
easement areas shall be reviewed and approved by the Planning
Division, Public Works/Engineering Department and City Attorney, and
recorded with the Los Angeles County Recorder's Office,
2. Prior to final approval of the plan, the applicant will submit a Parking
Management Plan to the satisfaction of the City.
The Planning commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council
of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 25TH DAY OF JUNE 2013, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Steve Nelson, Chairman
1, 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 25th day of
June 2013, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSTAIN: commissioners
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
Farago, Lin, VC/Torng, Chair/Nelson
None
None
Shah
9 Planning Commission Resolution No 2013-16
.' #
. . . . . . . . . . . . .
14TITKA11 11111"NA M Lei 1101A
PROJECT #: Development Review, Tentative Tract Map No. 72067 and
Parking Permit Planning Case No. PL 2012-455
SUBJECT: A Development Review to construct a new 21,794 sauare-
foot professional office building, Tentative Tract Map to
subdivide air space for an 11 -unit office condominium,
and Parking Permit to share driveway access and parking
between the proposed development and the lot to the
north of the proiect site.
APPLICANT: Peichin Lee of Brea Canyon Investments, LLC,
17528 E. Rowland Street #200, City of Industry, CA 91748
LOCATION: 650 Brea Canyon Road, Diamond Bar, CA 91789
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:
9. 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, Tentative Tract Map and Parking
Permit No. PL2012-455 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:
10
Planning Commission Resolution No 2013-16
(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, Tentative Tract Map and Parking Permit
No. PL 2012-455 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, and zoning approval for those
businesses located in Diamond Bar.
4, Signed copies of City Council Resolution No. 2013 -XX, Standard Conditions,
and all environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all partied involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency proper to issuance of City permits (such as grading,
tree removal, encroachment, building, etc.) or prior to final map approval in
case of a custom lot subdivision, or approved use has commenced, whichever
comes first.
6. Revised plans incorporating all Conditions of Approval shall be submitted for
Planning Division review and approval during plan check.
7. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
8. The project site shall be maintained and operated in full ilWh
conditions of approval and all laws, orother applicableFederalStateoCity
regulations.
9. 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.
10. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
11 Planning Commission Resolution No 2013-16
11. The applicant shall comply with the requirements of Planning and Building and
Safety Divisions, Public Works/Engineering Department, and the Los Angeles
County Fire Department.
12. These conditions of approval shall run with the land and shall be binding upon
all future owners, operators, or successors thereto of the property. Non-
compliance with any condition of approval or mitigation measure imposed as a
condition of this approval, shall constitute a violation of the City's Development
Code. Violations may be enforced in accordance with the provisions of the
Development Code.
13. To ensure compliance with the provisions of the City Council design approval, a
final inspection is required from the Planning Division when work for any phase
of the project has been completed. The applicant shall inform the Planning
Division and schedule an appointment for such an inspection.
14. Failure to comply with any of the conditions set forth herein or as subsequently
amended in writing by the City, may result in failure to obtain a building final
and/or a certificate of occupancy until full compliance is reached. The City's
requirement for full compliance may require minor corrections and/or complete
demolition of a non-compliance improvement, regardless of costs incurred
where the project does not cornply with design requirements and approvals that
the applicant agreed to when permits were pulled to construct the project.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, and Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building permits, as
required by the City. School fees as required shall be paid prior to the issuance
of building permit. In addition, the applicant shall pay all remaining prorated
City project review and processing fees prior to final map approval.
2. Prior to final map approval, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Development Review, Tentative Tract Map, and Parking Permit
shall expire within three (3) years from the date of approval if the use has riot
been exercised as defined pursuant to Diamond Bar Municipal Code
Section 21.20.140 and 22.66.050(b)(1). In accordance with Diamond Bar
Municipal Code Section 22.60.050(c), the applicant may request, in writing, for
a one-year time extension for City Council consideration. Such a request must
be submitted to the Planning Division prior to the expiration date and be
accompanied by the review fee in accordance with the Fee Schedule in effect at
the time of submittal.
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Planning Commission Resolution No 2013-16
1. The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
City Council, on file with the Planning Division, the conditions contained herein,
and the Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air conditioning
condensers, etc., shall be located out of public view and adequately screened
through the use of a combination of concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the Planning Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
5. No occupancy permit can be granted, until all improvements required by this
approval have been properly constructed, inspected, and approved.
6. Prior to issuance of a building permit, the location, size, and screening of all
building utility service connections, including water, gas, and electric service,
fire service, and irrigation connections shall be approved by the Community
Development Director. All changes to building utility connections shall be
approved by the Community Development Director prior to construction.
Building utility connections shall be located, sized and screened in such a
manner that they have the least possible impact on the design of the building
and site. The architect of record shall be directly involved in the design and
placement of all site and building service connections and shall sign all plans
submitted to the City which locate, size and/or screen utility connections.
'7. Additional plant materials may be required by the Community Development
Director and shall be planted prior to final occupancy in order to screen utility
connections, valves, backflow devices, and all above ground appurtenances,
etc., to the satisfaction of the Community Development Director. This
determination shall be made in the field after all screen utility connections,
valves, backflow devices, and all above ground appurtenances, etc. have been
installed and inspected.
E. 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
13 Planning Commission Resolution No 2013-16
residential, commercial, construction, and industrial areas within the City. It
shall be the applicant's obligation to insure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
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 Tentative Tract 72067 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.
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 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.
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Planning Commission Resolution No 2013-16
3. if no centralized trash receptacles are provided, all trash pick-ups shall be for
individual units with all receptacles shielded from public view.
4. Central trash enclosures shall be equipped with recycling receptacles.
MMMIR��' I
1. A title report/guarantee showing all fee owners, interest holders, and nature of
interest shall be submitted for final map plan check. An updated title
report/guarantee and subdivision guarantee shall be Submitted ten (10)
business days prior to final map approval.
2. A permit from the Los Angeles County Public Works Department shall be
required for work within its right-of-way or connection to its facilities.
I Prior to final map approval, written certification that all utility services and any
other service related to the site shall be available to serve the proposed project
and shall be submitted to the City. Such letters shall be issued by the district,
utility and cable television company, within ninety (90) days prior to final map
approval.
4. Prior to final map approval, applicant shall submit to the City Engineer the detail
cost estimates for bonding purposes of all public improvements.
5. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
C. Prior to final map approval all site grading, landscaping, irrigation, street, sewer
and storm drain improvement plans shall be approved by the City Engineer,
surety shall be posted, and an agreement executed guaranteeing completion of
all public and private improvements,
7. Prior to issuance of grading permits, surety shall be posted and an agreement
executed guaranteeing completion of all drainage facilities necessary for
dewatering all parcels to the satisfaction of the City Engineer.
8. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map or addressed in the CC&R's, as
approved by the City Engineer.
9. Prior to any work performed in the street right-of-way, fees shall be paid and a
construction permit shall be obtained from the Public Works Department in
addition to any other permits required,
10. Applicant shall label and delineate on the final map any private drives or fire
lanes to the satisfaction of the City Engineer.
15 Planning commission Resolution No 2013-16
11. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map. Permission shall be obtained from each utility company for any
grading or construction over existing easements.
12. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall not
be given until the copy of the recorded map is received by the Public
Works/Engineering Department.
13. Prior to occupancy, the applicant shall provide to the City as built mylars,
stamped by appropriate individuals certifying the plan for all improvements at no
cost to the City.
14. Applicant shall contribute funds to a separate engineering trust deposit against
which charges can be made by the City or its representatives for services
rendered. Charges shall be on an hourly basis and shall include any City
administrative costs.
15. Applicant shall provide digitized information in a format defined by the City for
all related plans, at no cost to the City.
16. All activities/improvements proposed for Tentative Tract 72067 shall be wholly
contained within the boundaries of the map. Should any off-site
activities/improvements be required, approval shall be obtained from the
affected property owner and the City as required by the City Engineer prior to
issuance of grading permits.
17. A lot line adjustment between Lot II and Lot I as shown on the proposed site
plan shall be approved and fully executed prior to grading permit issuance. In
addition, conforming deeds shall be submitted to the Public Works/Engineering
Department prior to issuance of grading permits.
18. Addresses for each unit shall be submitted for review and approval by the
Public Works/Engineering Department prior to issuance occupancy.
1. No grading or any staging or construction shall be performed prior to final map
approval by the City Council and map recordation or grading permit issuance,
whichever comes first. All pertinent improvement plans shall be approved by
the City Engineer prior to final map approval by the City Council.
2. Prior to beginning any grading activities, appropriate rodent barriers shall be
installed around the perimeter of the project site to prevent the migration of
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Planning Commission Resolution No 2013.16
rodents to existing residential and commercial sites. A plan detailing the
proposed rodent barriers to be used by the developer/co ntractor shall be
Submitted to the Public Works/Engineering Department for review.
3. Retaining wall location shall be shown on the grading plan and submitted with a
soils report to the Public Works/Engineering Department for review and
approval concurrently with the grading plan check.
4. Exterior 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
utilized whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
5. 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 six foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
6. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
7. At the time of submittal of the 40 -scale grading plan for plan check, a detailed
soils and geology report shall be submitted to the City Engineer for approval.
Said report shall be prepared by a qualified engineer and/or geologist licensed
by the State of California.
& Prior to issuance of grading permits, storm drain improvement plans shall be
approved by the City Engineer and surety shall be posted and an agreement
executed guaranteeing completion of all drainage facilities to the satisfaction of
the City Engineer.
9. Final grading plans shall be designed in compliance with the recommendations
of the final detailed soils and engineering geology reports. All remedial
earthwork specified in the final report shall be incorporated into the grading
plans. Final grading plans shall be signed and stamped by a California
Registered Civil Engineer, registered Geotechnical Engineer and registered
Engineering Geologist and approved by the City Engineer.
10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City
Ordinance is required to be incorporated into the grading plan and approved by
the City Engineer. The applicant shall incorporate Structural or Treatment
Control Best Management Practices for storm water runoff into the grading
plans for construction and post -construction activities respectively,
17 Planning Commission Resolution No 2013-16
11. 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.
12. An erosion control plan shall be approved by the City Engineer. Erosion control
plans shall be made in accordance to the City's NPDES requirements.
13. Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
14. 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.
15. Rough grade certifications by project soils and civil engineers and the as -
graded geotechnical report shall be submitted for review and approval prior to
issuance of building permits for the foundation of the residential structure.
Retaining wall permits may be issued without a rough grade certificate.
16. 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.
1 All identified flood hazard locations within the tentative map boundaries which
cannot be eliminated as approved by the City Engineer shall be shown on the
final map and delineated as "Flood Hazard Area."
2. Storm drainage facilities shall be constructed within the street right-of-way or in
easements satisfactory to the City Engineer and/or the Los Angeles County
Flood Control Districts.
3. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of California
to the satisfaction of the City Engineer.
4. A comprehensive maintenance plan/program shall be incorporated into the
CC&R's.
1. The applicant shall replace and record any centerline ties and monuments that
are removed as part of this construction with the Los Angeles County Public
Works Survey Division.
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Planning Commission Resolution No 2013-16
2. Prior to the issuance of any City permits, the applicant shall provide written
permission to the satisfaction of the City from any property owners which will be
affected by offsite grading.
3. All parking lot improvements shall be completed prior to issuance of any
occupancy for the building.
G. UTILITIES
1. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map or addressed in the CC&R's.
2. Prior to final map approval, a water system with appurtenant facilities to serve
all lots/parcels in the parcel division designed to the Walnut Valley Water
District (WVWD) specifications shall be provided. .
3, Prior to final map approval, the applicant shall construct or enter into an
improvement agreement with the City guaranteeing construction of the
necessary improvements to the existing water system according to Walnut
Valley Water District (VVV\fVD) specifications to accommodate the total domestic
and fire flows as may be required by the City Engineer, VVVWD and Fire
Department,
4. Prior to final map approval or issuance of building permit whichever comes first,
written certification that all utility services and any other service related to the
site shall be available to serve the proposed project and shall be submitted to
the City. Such letters shall be issued by the district, utility and cable television
company, if applicable, within ninety (90) days prior issuance of grading
permits.
5. Prior to recordation of final map, applicant shall provide separate underground
utility services to each parcel per Section 21.30 of Title 21 of the City Code,
including water, gas, electric power, telephone and cable TV, in accordance
with the respective utility company standards. Easements required by the utility
companies shall be approved by the City Engineer.
6. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
7. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
H. SEWERS
1. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City Building & Safety Division and County
Sanitation District Standards prior to Occupancy.
19 Planning Commission Resolution No 2013-16
2. Easements for the existing sewer line which crosses property lines shall be
offered in the CC&R's.
I. TRAFFIC MITIGATIONS
1. Access for full-sized (WB -40 or larger) trucks to the development shall be
restricted/prohibited as identified in the LLG report dated March 26, 2013. The
CC&R's shall include the restriction/prohibition. This prohibition shall be applied
to all tenants of the existing building and proposed project.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to current State and Local Building Code (i.e. Currently the
2010 California Building Code, California Plumbing Code, California Mechanical
Code, and the California Electrical Code but the 2013 version will apply if plan
check applied after January 1, 2014) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Provisions for Cal Green shall be implemented onto plans and certification
provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
3. Occupancy of the facilities shall not commence until such time as all California
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
4. Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within 180 days
from the date of such permit or work has discontinued and not been signed -off
on the job card by the building inspector.
5. 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.
6. The project shall be protected by a construction fence to the satisfaction of the
Building Official. All fencing shall be view obstructing with opaque surfaces.
7. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
8, All equipment staging areas shall be maintained in an orderly manner and
screened behind a minirnum 6' high fence.
9. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
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Planning Commission Resolution No 2013-16
10, The minimum design load for wind in this area is 85 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
11. 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.
12. Submit Public Works Department approved grading plans showing clearly all
finish elevations, drainage, and retaining walls locations.
13. "Separate permit shall be required for all wall and monument signs, light poles,
and retaining walls" and shall be noted on plans.
14. A height and setback survey may be required at completion of framing and
foundations respectively.
15. Prior to Building permit issuance, all school district fees must be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
16. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
17. 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
cl. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side yard)
9. 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
construction/ opening protection
i. Shaft rating/ exterior walls
18. Guardrails shall be designed for 20 load applied laterally at the top of the rail.
19. Indicate all easements on the site plan.
20. All retaining walls shall be submitted to the Building & Safety and Public Work
Departments for review and approval.
21 Planning Commission Resolution No 2013-16
21. 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.
22. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
23. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
24. Specify location of tempered glass as required by code.
25. Private property sewer system shall be approved by the Los Angeles County
Sanitation District.
26. Special inspections and structural observation will be required in conformance
to CBC 1704 to 1709.
27. A soils report is required and all recommendations of the soils report shall be
adhered to.
28. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.dicialert.orq.
29. The location of property lines and building pad may require a survey.
30. AQMD notification is required at least 10 days prior to any demolition.
31. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor.
32, Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
33. All handrails for accessible features shall be continuous with no jogs or skewed
areas. They must remain straight.
34. Landings for rarnps in the public way shall be verified prior to permit issuance
that they are level with at most 2% cross -slope. Any modification to the ramp
shall obtain Public Works approval.
35. Number of plumbing fixtures shall be in compliance with CPC T-4-1. CBC
Chapter 29 shall not be used for calculations for plumbing fixtures.
36. Slope setbacks consistent with California Building Code Figure 1805.3.1.
Foundations shall provide a minimum distance to daylight. The Footings
adjacent to Washington and Brea Canyon shall have the appropriate slope
setback.
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Planning Commission Resolution No 2013-16
37. Fire Department approval is required.
38. The use shall not be for medical office. If used for medical office, a covered
entry and additional accessible parking will be required.
39. The path of travel from accessible parking to the entry at the v --gutter shall be
2% slope in any direction and shall maintain drainage path to the satisfaction of
Public Works and the Building Inspector.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT,
(323) 890-4243, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
01100210�0
1 Access shall comply with Section 503 of the Fire Code, which requires all
weather access. All weather access may require paving.
2. Fire Department Access shall be extended to within 150 feet distance of any
exterior portion of all structures.
3. Where driveways extend further than 150 feet and are of single access design,
turnarounds suitable for fire protection equipment use shall be provided and
shown on the final map. Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire Department use. Where topography
dictates, turnarounds shall be provided for driveways that extend over 150 feet
in length.
4. Private driveways shall be indicated on the final map as "Private Driveway and
Firelane" with the widths clearly depicted and shall be maintained in accordance
with the Fire Code, All required fire hydrants shall be installed, tested and
accepted prior to construction.
5. Vehicular access must be provided and maintained serviceable throughout
construction to all required fire hydrants. All require fire hydrants shall be
installed, tested and accepted prior to construction.
6. Provide Fire Department or City approved street signs and building access
number prior to occupancy.
7. The final map shall be submitted to our office for review and approval prior
recordation.
B. WATER SYSTEM REQUIREMENTS
1. Fire hydrant requirements are as follows: Install 1 public fire hydrant.
2. All hydrants shall measure 6"x 4"x 21/2" brass or bronze, conforming to current
AWWA standard C503 or approved equal. All on-site hydrants shall be
23 Planning Commission Resolution No 2013-16
installed a minimum of 25 feet from a structure or protected by a two (2) hour
rated firewall.
® Location: As per map on file with the office.
® Other location: See attached map.
3. All required fire hydrants shall be installed, tested and accepted or bonded for
prior to Final Map approval. Vehicular access shall be provided and maintained
serviceable throughout construction.
4. Additional water system requirements will be required when this land is further
subdivided and/or during the building permit process.
5. Fire hydrant improvement plans shall be submitted to our office prior to
clearance of the Final Map.
X111
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Planning Commission Resolution No 2013-16