HomeMy WebLinkAboutPC 2022-04PLANNING COMMISSION
RESOLUTION NO, 2022-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING AMENDMENTS TO THE BREA CANYON BUSINESS PARK
PROJECT NO. PL 2017=169 CONSISTING OF AN ADDENDUM TO THE PREVIOUSLY
ADOPTED MITIGATED NEGATIVE DECLARATION, APPROVAL OF AMENDMENT TO
DEVELOPMENT REVIEW, TENTATIVE PARCEL MAP NO, 82066, CONDITIONAL USE
PERMIT, PARKING PERMIT, COMPREHENSIVE SIGN PROGRAM, AND APPROVAL OF
MINOR CONDITIONAL USE PERMIT LOCATED AT 850 S. BREA CANYON ROAD
(ASSESSORS PARCEL NO. 8719-013-017).
A. RECITALS
1. The property owner and applicant, Philip Lee and Preston Chan of Lycoming,
LLC, have filed an application (Planning Case No. PL2017-169) to amend the
previously approved new commercial development consisting of a 109-room,
four-story hotel; a 47,642 square -foot, three-story office building; and an 8,900
square -foot, single -story medical office building located on the east side of south
Brea Canyon Road between Lycoming Street and SR-60 freeway. Hereinafter in
this resolution, the subject components of the application shall be collectively
referred to as the "Project."
2. The following approvals are requested of the Planning Commission:
(a) Amendment to Development Review to approve revisions to the site and
architectural designs to accommodate:
• The replacement of the single -story 8,900 square -foot medical office
building with a 6,500 square -foot commercial building to accommodate
up to three tenants.
• Minor architectural revisions to the hotel building to accommodate the
addition of 15 rooms (approved for 109 rooms and proposing 124
rooms); and
• The addition of a southbound left -turn pocket on Brea Canyon Road to
accommodate left -turn ingress to the Project.
(b) Amendment to Tentative Parcel Map to eliminate the condominium map
associated with the above -described medical office building.
(c) Amendment to Conditional Use Permit to approve adrive-thru service
lane for one tenant at the proposed 6,500 square foot commercial building.
(d) Amendment to Parking Permit to approve the updates to the shared
parking demand analysis.
(e) Amendment to Comprehensive Sign Program to approve the
refurbishment of an existing 65-foot tall pylon sign, addition of a wall sign
on the three-story medical office building, and associated wall signs on the
proposed single -story commercial building.
(f) Minor Conditional Use Permit to approve the outdoor dining area for the
single -story 6,500 square -foot commercial building.
3. The subject property consists of one parcel totaling 249,022 gross square feet
(5.73 acres). It is located in the Regional Commercial -Planned Development
Overlay (C-3-PD) zone with an underlying General Plan land use designation of
General Commercial (C).
4. The legal description of the subject property is Lots 7 and 79 of Parcel Map
No 33069, The Assessor's Parcel Number is 8719-013-017.
In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15070, the City prepared and filed an Initial
Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative
Declaration for the Project on September 19, 2019, with the State Clearinghouse
and the Los Angeles County Clerk. The notice was published in the Inland Valley
Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also
mailed to public agencies and residents who :attended the community meeting
hosted by the applicant. Pursuant to CEQA Section 15105, the 30-day public
review period for the MND began on September 20, 2019, and ended October 19,
2019.
6. On November 19, 2019, the Mitigated Negative Declaration was adopted and the
development application was approved. A Notice of Determination was filed and
posted on November 20, 2019, No CEQA challenge was filed.
Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162,
the City analyzed whether the revisions would result in new significant impacts or
substantial increase in severity of previously identified impacts. Based on the
City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation
negative declaration is required. As a result, the City's analysis and conclusions
are documented in an Addendum to the previously adopted MND and the
Planning Commission reviewed and approves said document.
8. Notification of the public hearing for this project was published in the San Gabriel
Valley Tribune newspaper on April 1, 2022. On March 11, 2022, public hearing
notices were mailed to property owners within a 700-foot radius of the project site
and to residents who previously attended the Planning Commission and City
Council hearings, as well as the community meeting. In addition to the published
and mailed notices, the project site was posted with a display board and public
notices were posted at the City's designated community posting sites.
9. On April 12, 2022, 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.
10. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the City of
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Diamond Bar, Community Development Department, Planning Division,
21810 Copley Drive, Diamond Bar, CA 91765,
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 specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned upon
the Project set forth in the application, there is no evidence before this Planning
Commission that the project proposed herein will have the potential of an adverse
effect on wildlife resources or the habitat upon which the wildlife depends. Based
upon substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5(d) of Title 14 of the
California Code of Regulations.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 21.20.110, 22.48, 22,58.040,
22.30.050, 22,36.060, and 22.56,040 this Planning Commission hereby finds and
approves as follows:
Development Review Findings (DBMC 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 Project is consistent with the applicable elements of the City's General Plan,
City Design Guidelines, development standards in the previously approved
planned development overlay zoning district. The Project, as designed, is
deemed to be the best layout due to the size and configuration of the lot. The
Project is designed in a contemporary modern style of architecture and
incorporates principles of the modern architecture by its simplicity of building form
and windows with non -superfluous details. The Project provides 360-degree
architectural articulation with a high level of attention to building details and
finishes as well as incorporate signage to be compatible with the design motif of
the buildings. 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 Project will not interfere with the use or enjoyment of neighboring existing or
future developments because the following conditions of approval are
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recommended to prevent potential noise, odor, parking or other land -use impacts
to nearby residences:
• A six-foot decorative concrete block wall shall be constructed along the north
property line abutting the Farmer Boys property. A six-foot decorative
concrete block wall is proposed to be constructed along the north property
line, along the Los Angeles County Flood Control District channel.
• No external speakers such as the menu (order) board, speaker post, and pick-
up window typically associated with the operation of the proposed drive-thru
lane shall be directly oriented or skewed toward proximal residential areas to
the north and west of the project site. All such speakers shall be equipped
with an automatic volume control (AVC) system, as pre -approved by the
Community Development Director, designed to adjust speaker volume levels
based on ambient noise levels and automatically lowering noise levels during
time periods when ambient noise is low, particularly at night. Prior to the
issuance of building permits, the location and direction of the exterior menu
boards and speaker posts shall be reviewed and approved by the Community
Development Director-
business(es) proposed on the project site, the project proponent, as
represented by the property owner, operator, franchisee, licensee, and/or
master lease of the business(es), shall submit an odor management and
control plan (OMCP), including a listing of the proposed exhaust systems and
the manufacturer's specifications associated therewith; and the siting and
positioning of any outdoor venting outlets of those exhaust control systems,
subject to the review and approval of the Community Development Director,
The OMCP shall include an exhaust air filtration system with odor controls
preventing or minimizing the discharge of internal odors and any associated
air pollutants from being externally emitted. The exhaust outlet shall be
located to promote upward discharge so that emissions therefrom can be
adequately dispersed and neither cause nor contribute to an odor nuisance;
and
• If, at any time, the City finds that the drive-thru lane and/or outdoor dining area
is the cause of a parking deficiency, noise nuisance, or other land -use impact,
within or beyond the subject property boundaries, the Community
Development Director after providing the entitlement holder a reasonable
opportunity to mitigate the impact(s) to an acceptable level, may refer the
matter back to the Planning Commission to consider amending this
Conditional Use Permit and Minor Conditional Use Permit to address such
impacts.
The Project will not cause any intersections or street segments in the vicinity to
operate at an unacceptable level of service with the following traffic
improvements required to be constructed:
• Add a southbound left -turn pocket on Brea Canyon Road to accommodate a
left -turn in access to the Project.
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Restriping of the northbound approach to westbound Lycoming Street along
Brea Canyon Road to the north of the Project's driveway to provide an
additional exclusive westbound left -turn lane.
In response to the addition of a second exclusive left -turn lane to the west of
Brea Canyon Road, along Lycoming Street, the restriping of the westbound
lane to accommodate two receiving lanes.
Relative to eastbound Lycoming Street, west of Brea Canyon Road, restriping
of the existing eastbound shared leflthrough/right-turn lane to provide an
exclusive left -turn lane and a separate shared through/right-turn lane.
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 Project is designed to be compatible with the surrounding neighborhood and
minimize any potential negative impacts but also elevates the architectural
character of the area. The proposed single -story commercial building is designed
to be consistent with the architectural theme of the center, incorporating the same
palette of colors and materials. The architectural style is a contemporary modern
style and designed to incorporate principles of the modern architecture by its
simplicity of building form and windows with non -superfluous details. The Project
provides 360-degree architectural articulation with a high level of attention to
building details and finishes and also incorporates signage to be compatible with
the design motif of the buildings. The Project will also construct attractive
streetscape improvements along the Project frontage such as street trees,
decorative interlocking pavers and theme rails. The design and appearance of
the Project is compatible and will enhance the surrounding community.
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.
See Response 3 above.
The proposed development will not 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 Project is required to comply with all
conditions within the approval resolutions, 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 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).
Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162,
the City analyzed whether the revisions would result in new significant impacts or
substantial increase in severity of previously identified impacts. Based on the
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City's analysis, EIR or subsequent mitigated negative declaration is required. As
a result, the City's analysis and conclusions are documented in an Addendum to
the previously adopted MND. r .
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.110 of the City's
Subdivision Ordinance, the Planning Commission makes the following findings:
The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the general plan and any applicable specific plan.
The Project involves the subdivision of the lot into our separate parcels and the
condominium subdivision of air space for one office building. The three-story
office building will subdivide air space for 34 medical office units. The current
General Plan land use designation for the Project site is General Commercial (C)
and zoning district is Regional Commercial -Planned Development Overlay
District (C-3-PD), which allows for a new commercial development consisting of
a 124-room, four-story hotel; a 47,642 square -foot, three-story medical office
building, and a 6,500 square -foot single -story commercial building. 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 Project is consistent with the General Plan land use designation of General
Commercial (C), which allows for regional, freeway -oriented, and/or community
retail and service commercial uses. The Project 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 orinjum fish or wildlife or theirhabitat 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. 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.
The Project site has a Caltrans storm drain easement that runs diagonally
through the site from the south to the existing northern Los Angeles County flood
control channel that will be relocated. Storm drain connections to and/or
construction activities encroaching into a LACFCD easement require a County
permit.
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6. The discharge of sewage from the proposed subdivision into the community
sewer system would not result in violation of existing requirements prescribed by
the California Regional Water Quality Control Board.
As part of the environmental review process, the City received will -serve letters
from the Walnut Valley Water District and the County Sanitation Districts of Los
Angeles County, The Project is conditioned to obtain connection permit(s) from
the City and County Sanitation District prior to issuance of building permits.
7. A preliminary soils report or geologic hazard report does not indicate adverse soil
or geologic conditions.
The Project is not located within any known landslide hazard area, and all
buildings will conform to applicable earthquake design regulations in the 2019
California Building Code as well as conform to and be consistent with the
recommended seismic parameters and recommended design and development
standards identified in the preliminary geotechnical report.
A preliminary geotechnical report was submitted and indicated a potential for
liquefaction of layers of sandy soils at the northwest corner of the project site. A
mitigation measure is included in the adopted Mitigation Reporting and
Monitoring Program to reduce any potential hazards and liquefaction settlements.
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 Project is consistent with the City's subdivision ordinance, subdivision map
act, and applicable development code.
9. There has been a change of circumstances related to the original approval.
The applicant requested the modifications to the Project as a result of shifting real
estate market needs and demand from the COVID49 pandemic. Some of the
revisions address residents' concerns raised during the public hearings in 2019.
Conditional Use Permit Findings (DBMC Section 22.58.040)
The proposed use is allowed within the subject zoning district with the approval
of a conditional use permit and complies with all other applicable provisions of
this Development Code and the Municipal Code.
The proposed drive-thru service lane that wraps around the proposed single -story
commercial building is subject to a Conditional Use Permit. The proposed drive-
thru service lane has adequate vehicle queuing length to accommodate the
expected demand in order to reduce the likelihood of vehicle stacking obstructing
parking lot travel lanes. Thirteen (13) vehicle queuing spaces are available,
which is adequate to accommodate the expected demand of vehicular traffic.
Cars queuing in the drive-thru lane will be screened from view along Brea Canyon
Road by a landscaped buffer. In addition, there is sufficient turning radii in the
drive-thru aisle for vehicles to maneuver and turn in the lane. In addition,
conditions of approval are incorporated to prevent potential noise, odor, parking
or other land -use impacts to nearby residences.
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The proposed use is consistent with the General Plan and any applicable specific
pIan,
The C-3-PD zoning district allows for large-scale commercial uses serving
residents and businesses within the region including a broad spectrum of land
uses including hotels, offices, retail and restaurant tenants with drive-thru service
and will be consistent with the General Plan land use designation of General
Commercial (C). There is no specific plan proposed as part of this development.
3. The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity.
The Project will not interfere with the use or enjoyment of neighboring existing or
future developments because conditions of approval are incorporated to prevent
potential noise, odor, parking or other land -use impacts to nearby residences.
See also Response 1 above.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with adjoining
land uses, and the absence of physical constraints.
The Project is consistent with the General Plan land use designation of General
Commercial and the zoning designation of Reional Commercial -Planned
Development Overlay, which allows for the development of retail and restaurant
uses with drive-thru service. The Project Site is located within an urbanized area
adequately served by existing roadways and infrastructure. The Project will not
cause any intersections or street segments in the vicinity to operate at
unacceptable level of service with the proposed conditions of approval and
adopted mitigation measures and improvements required as part of the Project
approval. All utility services will be provided to the property.
5. Granting the conditional use permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is located.
Prior to the issuance of any City permits, the Project is required to comply with
all conditions within the approval resolutions, 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 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).
Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162,
the City analyzed whether the revisions would result in new significant impacts or
substantial increase in severity of previously identified impacts. Based on the
City's analysis, no EIR or subsequent mitigated negative declaration is required.
As a result, the City's analysis and conclusions are documented in an Addendum
fo the previously adopted MND.
PC Resolution No. 2022-04
Parking Permit Findings (DBMC Section 22.36.060)
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.
Based on parking studies assessing the projected peak parking demands, and
parking utilization data/surveys for the hotel component with the office uses, the
Project will adequately meet the overall parking demand by providing 289 spaces
for all uses. To ensure that adequate parking is available for customers and
employees of the Brea Canyon Business Center, a Parking Management Plan
will be developed that identifies the proposed employee parking spaces and key
management strategies such as short term/time restricted spaces to maximize
the availability of parking for customers and employees of the center. The
applicant is required to record a City -approved reciprocal parking and access
agreement governing the use and access of all common driveways, parking, and
easement areas prior to the issuance of building permits.
2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of
off-street parking requirements for shared uses).
See Response 1 above. Since there is a deficit number of parkinaces when
g sp
shared parking dynamics are not factored in, a parking study was prepared to
analyze the parking demand through the application of a shared parking concept.
The applicant submitted a parking study that provides parking demand
calculations based on survey data collected at a similar hotel site and the Urban
Land Institute's Shared Parking (2"d Edition) methodology signed by a licensed
traffic engineer.
As stated, there are 289 spaces proposed on -site, of which 53 are compact
spaces and are proposed to be allocated for employee parking. Based on the
parking studies assessing the projected peak weekday parking demand of 289
spaces, there will be a surplus of 0 spaces; and the peak weekend parking
demand totals 278 spaces, which results in a surplus of 11 spaces. An alternative
assessment was done to ensure that adequate parking is provided using parking
utilization data/surveys for the hotel component with the office uses, resulting in
a surplus of 62 spaces on weekdays and 144 spaces on weekends. The
proposed development will adequately meet the overall parking demand by
providing 289 spaces for all parcels. To ensure that adequate parking is available
for customers and employees of the Brea Canyon Business Center, a Parking
Management Plan will be developed that identifies the proposed employee
parking spaces and key management strategies such as short term/time
restricted spaces to maximize the availability of parking for customers of the
center.
Comprehensive Sign Program Findings (DBMC Section 22.36.060)
1. The comprehensive sign program satisfies the purpose of this chapter and the
intent of this section.
The comprehensive sign program satisfies the purpose and intent of the
Development Code by integrating the signage with the design of the building and
having specific requirements such as size, location, and design requirement for
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freestanding and building -mounted signs. The comprehensive sign program
enhances the overall development by providing size criteria for wall and
monument signs that are appropriate to the scale and setbacks of the buildings,
and are placed so that they respect and harmonize the architectural elements
onto which they will be mounted or constructed. The revisions include retaining
an existing 6546ot high freestanding pylon sign for the fast-food restaurant tenant
and refurbishing the structure with paint colors and stone veneer to the buildings
in the center, adding a wall sign on the north elevation of the three-story medical
office building to provide visibility along the SR-60 freeway, and adding three wall
signs on the east (front) and west (rear) elevations of the proposed single -story
commercial building for each tenant.
2. The signs enhance the overall development, are in harmony with, and are visually
related to other signs included in the comprehensive sign program and to the
structure and/or uses they identify, and to surrounding development.
The proposed revisions satisfies the purpose and intent of the Comprehensive
Sign Program by integrating the signage with the design of the buildings and
having specific size, location, and design requirements for freestanding and
building -mounted signs. The revisions are appropriate to the scale and setbacks
of the buildings, and placed so they respect and harmonize with the architectural
elements onto which they will be mounted or constructed.
3. The comprehensive sign program accommodates future revisions which may be
required due to changes in uses or tenants.
The comprehensive sign program accommodates future revisions by having
minor changes reviewed by staff and the Community Development Director, and
any major changes to be reviewed by the Planning Commission.
4. The comprehensive sign program complies with the standards of this chapter,
except that flexibility is allowed with regard to sign area, number, location, and/or
height to the extent that the comprehensive sign program will enhance the overall
development and will more fully accomplish the purposes of this chapter.
The comprehensive sign program complies with the standards of DBMC
Chapter 22.36 and will enhance the overall development through consistency
with the City's Design Guidelines for commercial signage, uniformity and easy
identification of the signs, and neighborhood compatibility.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. The proposed use is allowed within the subject zoning district with the approval
of a Minor Conditional Use Permit and complies with all other applicable
provisions of this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.10 —Table 2-6, the proposed outdoor dining area
is permitted in the Regional Commercial Planned Development Overlay (C-3-PD)
zone with the approval of a Minor Conditional Use Permit. As conditioned, the
proposed outdoor dining area complies with all other applicable provisions of the
Municipal Code.
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2. The proposed use is consistent with the general plan and any applicable specific
plan.
The project site's land use designation is General Commercial (C). According to
the General Plan, this land use designation provides for regional, freeway -
oriented, and/or community retail and service uses such as restaurants. The
proposed outdoor dining area is considered a service use and as such is
consistent with the General Plan. There is no applicable specific plan for the
project site.
3. The design, location, size and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity.
The outdoor dining area is proposed in front of the single story commercial
building, located approximately 116 feet away from the nearest residential
property —separated by the Los Angeles County Flood Control District channel
and proposed six-foot high concrete block wall —which reduces potential noise
and compatibility problems. Entertainment of any kind will not be permitted.
Therefore, the operating characteristics will be compatible with the existing and
future uses within the surrounding as conditioned.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with adjoining
land uses, and the absence of physical constraints.
See Response 3 above.
5. Granting the Minor Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience orwelfare, or materially injurious to persons,
property or improvements in the vicinity and zoning district in which the property
is located.
The proposed outdoor dining area will be subject to the conditions set forth in this
resolution. In light of these facts, the approval of the application will not be
detrirnental 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
Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162,
the City analyzed whether the revisions would result in new significant impacts or
substantial increase in severity of previously identified impacts. Based on the
City's analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation
negative declaration is required. As a result, the City's analysis and conclusions
are documented in an Addendum to the previously adopted MND.
Based on the findings and conclusions set forth herein and as prescribed under DBMC
Sections 21.20.110, 22I 22.58.040, 22.30.050, 22.36.060, and 22.56.040, this
Planning Commission hereby finds approves the Amendments to Tentative Parcel Map
No, 82066, Development Review, Conditional Use Permit, Parking Permit,
Comprehensive Sign Program; and Minor Conditional Use Permit subject to the
following conditions, and the attached Standard Conditions of Approval:
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A. GENERAL
1. The development shall comply with the Conditions of Approval attached
hereto and referenced herein. The following Conditions of Approval,
including the Standard Conditions of Approval attached hereto, shall be
binding on and enforceable against, and, whenever used herein, the terms
"applicant", "owner", and/or "applicant/owner" shall mean and refer to,
each of the following: the project applicant, the owner(s) and tenants(s) of
the property, and each of their respective successors and assigns.
2. 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 Amendment to Tentative Parcel Map No. 82066,
Development Review, Conditional Use Permit, Parking Permit,
Comprehensive Sign Program; and Minor Conditional Use Permit
Planning Case No. PL2017-169, at the City of Diamond Bar Community
Development Department, an affidavit stating that the applicant/owner is
aware of and agrees to accept all the conditions of this approval. Further,
this approval shall not be effective until the applicant pays the remaining
City processing fees.
3. The development shall comply with the Mitigation Reporting and
Monitoring Program for the adopted Mitigated Negative Declaration.
4. All on -site utilities shall be placed underground at the time of development.
5. All landscaping on the site shall comply with the City's Water Conservation
Landscaping Ordinance.
6. The applicant shall comply with Diamond Bar Municipal Code
Section 22.34.050. A permanent 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. Provisions for ongoing maintenance of all areas of the Subject
Property under the jurisdiction of a future property owners association
shall be set forth in the association CC&Rs, which shall be subject to
review and approval by the City prior to final map recordation.
7. All visible vents, gutters, down spouts, flashings, and the like shall match
the color of the building, unless expressly designed as complementary
architectural features.
8. Pursuant to Government Code Section 66020, the Applicant is informed
that the 90-day period in which the Applicant may protest the fees,
dedications, reservation or other exaction imposed on this approval
through the conditions of approval has begun.
B. DEVELOPMENT REVIEW
1. This approval is for the revisions to the site plan, elevations, exterior
materials, and conceptual landscape plans for a new commercial
development to be constructed at 850 S. Brea Canyon Road, as described
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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. Prior to building permit issuance, landscape and irrigation plans shall be
submitted for review and approval by the City's Consulting Landscape
Architect for compliance with the City's Water Conservation Landscaping
Ordinance,
4. All existing public improvements damaged during construction shall be
repaired or replaced upon project completion.
5. Prior to the issuance of building permits, all lighting fixtures shall be
approved by the Planning Division as to type, orientation, and height. A
detailed on -site lighting plan, including a photometric diagram, shall be
reviewed and approved by the Planning Division. Such plan shall indicate
type, illumination, location, height, and method of shielding so as not to
adversely affect adjacent properties.
C. TENTATIVE MAP
1. The development shall carry out. the specific requirements of
Chapter 21.30 (Subdivision Design and.improvement Requirements) and
Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision
Ordinance.
2. The development shall secure. compliance with the requirements of the
Subdivision Ordinance and the General Plan and shall comply with the
Conditions of Approval attached hereto and referenced herein.
3. Any designated remainder parcels shall not be subsequently sold. or
further subdivided unless a certificate or conditional certificate of
compliance (Chapter 21.28) is obtained in compliance with the Subdivision
Ordinance.
4. Prior to final map approval, the Covenants, Conditions, and Restrictions
(CC&R's) that govern the four parcels as well as the condominium units
within the office buildings shall be reviewed and approved by the Planning
Division, Public Works Department and City Attorney, and shall not be
amended or terminated without prior City approval.
D. CONDITIONAL USE PERMIT
1. A six-foot decorative concrete block wall shall be constructed along the
north property line abutting the Farmer Boys property.
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2. No external speakers such as the menu (order) board, speaker post, and
pick-up window typically associated with the operation of the proposed
drive-thru lane shall be directly oriented or skewed toward proximal
residential areas to the north and west of the project site. All such
speakers shall be equipped with an automatic volume control (AVC)
system, as pre -approved by the Community Development Director,
designed to adjust speaker volume levels based on ambient noise levels
and automatically lowering noise levels during time periods when ambient
noise is low, particularly at night. Prior to the issuance of building permits,
the location and direction of the exterior menu boards and speaker posts
shall be reviewed and approved by the Community Development Director,
3. Prior to the issuance of building permits for any restaurant -related
business(es) proposed on the project site, the project proponent, as
represented by the property owner, operator, franchisee, licensee, and/or
master lease of the business(es), shall submit an odor management and
control plan (OMCP), including a listing of the proposed exhaust systems
and the manufacturer's specifications associated therewith; and the siting
and positioning of any outdoor venting outlets of those exhaust control
systems, subject to the review and approval of the Community
Development Director, The OMCP shall include an exhaust air filtration
system with odor controls preventing or minimizing the discharge of
internal odors and any associated air pollutants from being externally
emitted. The exhaust outlet shall be located to promote upward discharge
so that emissions therefrom can be adequately dispersed and neither
cause nor contribute to an odor nuisance.
4. If, at any time, the City finds that the drive-thru lane and/or outdoor dining
area is the cause of a parking deficiency, noise nuisance, or other land -
use impact, within or beyond the subject property boundaries, the
Community Development Director after providing the entitlement holder a
reasonable opportunity to mitigate the impact(s) to an acceptable level,
may refer the matter back to the Planning Commission to consider
amending this Conditional Use Permit and Minor Conditional Use Permit
to address such impacts.
5. Prior to the issuance of occupancy permits for any food service and/or
restaurant -related use operating from the hotel building and the
retail/restaurant building, the project proponent, as represented by the
individual owners, operators, franchisees, licensees, and/or master leases
of those businesses, as appropriate, authorized to bind those businesses,
shall submit, and when deemed acceptable, the Community Development
Director shall approve organic waste disposal and recycling plans
conforming to Assembly Bills 827 and 1826 appropriately sized and
capable of accommodating all food service and/or restaurant -related uses
therein.
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E. PARKING PERMIT
1. Prior to final map approval, submit a reciprocal parking and access
agreement governing the use and access of all common driveways,
parking and easement areas. The agreement shall be reviewed and
approved by the City Attorney and shall not be amended or terminated
without prior City approval.
2. Prior to the issuance of building permits, submit a Parking Management
Plan that identifies the employee parking spaces and key management
strategies such as short term/time restricted spaces to maximize the
availability of parking for customers and employees of the center.
3. Prior to the issuance of building permits, submit a Transportation Demand
Management (TDM) program to encourage increased ridesharing
and the use of alternative transportation methods [DBMC
Section 22.40.030(2)(b)]. A TDM program shall include the following
measures:
a. Carpool/vanpool preferential parking. At least 10 percent of the
employee parking spaces shall be designated for carpool vehicles by
marking the spaces "Carpool Only." Carpool spaces shall be used only
by carpool vehicles in which at least two of the persons are employees
or tenants of the project. Spaces shall be located near the structure's
employee entrance(s) or other preferential locations within the
employee parking areas as approved by the director.
A statement that preferential carpool/vanpool spaces for employees
are available and a description of the method for obtaining preferential
spaces shall be included on the required transportation information
board.
b. Bicycle Parking. A bicycle parking/storage area shall be provided for
the use by employees, located in a secure location in close proximity
to employee entrances. The minimum number of bicycle parking
spaces to be provided shall be three spaces for each 100 employees
or fraction thereof. This requirement is in addition to bicycle parking
requirements for the public.
c. Pedestrian Access. Sidewalks and other paved pathways shall be
provided on -site to connect off -site external pedestrian circulation
systems.
d. Commuter Matching Service. Commuter matching services for
ridesharing and carpooling shall be provided to all employees on an
annual basis and all new employees upon hiring.
e. Carpool/vanpool Loading Zones. A safe and convenient zone in which
vanpool and carpool vehicles may deliver or board their passengers
shall be provided near employee entrances.
f. Transit Waiting Shelters. Bus pullouts, bus pads and bus shelters may
be required by the City.
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PC Resolution No. 2022-04
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to Philip Lee and
Preston Chan of Lycoming, LLC, 17777 Center Court Drive, Suite 725,
Cerritos. CA 90703.
APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2022, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
� f �
,.--_u_
Raymond Wdife, Chairperson
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 special meeting of the Planning Commission held on the 12th day of April
2022, by the following vote:
AYES: Commissioners: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST: ___r%' ���/���,��
Greg Gubman, Secretary
�C^:
PC Resolution No. 2022-04
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
CONDITIONAL USE PERMIT, NEW COMMERCIAL STRUCTURES
PROJECT #: Amendment to Tentative Parcel Map No. 82066,
Development Review Conditional Use Permit, Parking
Permit Comprehensive Sign Programm and Minor
Conditional Use Permit No. PL 2017=169
SUBJECT: Revision to construct a new commercial development
consisting of a 124-room four-story hotel; a 47,642 square.
foot, three-story office building; and an 6,500 square -foot,
single -story commercial building.
PROPERTY Philip Lee of Lycoming LLC 17777 Center Court Drive,
OWNER(S)/ #725 Cerritos, CA 90703
APPLICANT:
LOCATION: 850 S. Brea Canyon Road 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 Amendments to Tentative Parcel Map No, 82066,
Development Review, Conditional Use Permit, Parking Permit, Comprehensive
Sign Program; and Minor Conditional Use Permit No. PL 2017-169 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:
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PC Resolution No. 2�22-04
(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
Amendment to Tentative Parcel Map No, 82066, Development Review,
Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and
Minor Conditional Use Permit No. PL 2017-169 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 Planning Commission Resolution No. 2022-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. 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 Federal, State, or City
regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, roof, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as grading,
tree removal, encroachment permit, etc.,) or approved use has commenced,
whichever comes first.
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PC Resolution No. 2022-04
10. Property owner/applicant shall remove the public hearing notice board within
three (3) 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, and Public Works Department) 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 issuance of grading or building permit, whichever comes 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 Amendment to Tentative Parcel Map No. 82066, Development
Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program;
and Minor Conditional Use Permit shall expire within three (3) years from the date
of approval if the use has not been exercised as defined per DBMC Section
21.20,140 and 22.66.050(b)(1). The applicant may request in writing a one year
time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City
Council 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, on file with the Planning Division: site plans, floor plans,
architectural elevations, and landscaping file in the Planning Division, the
conditions contained herein, Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers; air conditioning
condensers, etc., shall be located out of public view and adequately screened
through the use of a combination of concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the Planning Division.
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.
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PC Resolution No. 2022-04
6. If any aspect of construction requires the use of an easement on a third party
property or the use of an easement granted to a third party on the applicant's
property, the applicant must provide the City with correspondence/proof
documenting that the easement has been granted before any building permits
will be issued.
7. Prior to placement of any construction trailers, the applicant shall submit a site
plan showing placement of the construction trailers and shall agree to abide by
all conditions of approval required by the Community Development Director.
8. 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.
9. 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.
10. All parking spaces shall comply with the standards for adequate depth, width, and
turning radius as set forth in DBMC Section 22.30.070.
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 residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to ensure 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.
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APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT,
(909) 83940401 FOR COMPLIANCE WITH.THE FOLLOWING CONDITIONS:
A. GENERAL
1. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted and
approved by the City, uploaded to the State's SMARTS system, and a WDID
number shall be acquired from the California Water Board prior to issuance of
construction permits.
2. The applicant shall comply with Low Impact Development (LID) requirements to
the satisfaction of the City Engineer. The LID Plan will be required to comply with
the 2021 MS4 Permit. The LID Plan shall be approved prior to grading permit
issuance and/or building permit issuance for new structures.
3. The CC&Rs shall outline LID BMP ownership and maintenance responsibilities
in accordance with the Approved,LID Operation and Maintenance Plana
4. Prior to issuance of grading permits, surety shall be posted guaranteeing
completion of all drainage facilities necessary for dewatering all parcels to the
satisfaction of the City Engineer,
5. Street/Right-of-Way Dedications along Brea Canyon Road shall be approved by
the City Council and Recorded with the Los Angeles County Recorder's Office
prior to issuance of Certificate of Occupancy.
6. Any details or notes which may be inconsistent with requirement or ordinances,
general conditions or approval, or City policies shall be specifically approved in
other conditions or ordinance requirements are modified to those shown on the
tentative map upon approval by the Advisory agency.
7. Prior to any work performed in the street right-of-way, fees shall be paid and an
encroachment permit shall be obtained from the Public Works Department in
addition to any other permits required.
8. Applicant shall provide digitized information in a format defined by the City for all
related plans, at no cost to the City.
9. Approval shall be obtained for all off -site improvements from the affected
property owner and the City as required by the City Engineer.
B. SOILS REPORT/GRADING
1. 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 the issuance of a grading permit, the report
shall address, but not be limited to the following:
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a) Stability analyses of daylight shear keys with a 1:1 projection from
daylight to slide plane; a projection plane shall have a safety factor of
1.5;
b) All soils and geotechnical constraints (Le., landslides, shear key
locations, etc.) shall be delineated in detail with respect to proposed
building envelopes. Restricted use areas and structural setbacks shall
be considered and delineated prior to recordation of the final map;
c) Soil remediation measures shall be designed for a "worst case" geologic
interpretation subject to verification in the field during grading;
d) The extent of any remedial grading into natural areas shall be clearly
defined on the grading plans;
e) Areas of potential for debris flow shall be defined and proper remedial_
measures implemented as approved by the City Engineer;
f) Gross stability of all fill slopes shall be analyzed as part of geotechnical
report, including remedial fill that replaces natural slope;
g) Stability of all proposed slopes shall be confirmed by analysis as.
approved by the City Engineer;
h) All geologic data including landslides and exploratory excavations must.
be shown on a consolidated geotechnical map using the 40-scale finale
grading plan as a base; and
i) All geotechnical and soils related findings and recommendations shale be
reviewed and approved by the City Engineer prior to issuance of any
grading permits and recordation of the final map.
2. 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.
3. 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 8:00 a.m. and 4:00 p.m., Monday through Friday. 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.
4. The applicant shall submit drainage and grading plans prepared by a Civil
Engineer, licensed by the State of California, prepared in accordance with the
City's requirements for the City's review and approval. A list of requirements for
grading plan check is available from the Public Works Department. All grading
(cut and fill) calculations shall be submitted to the City concurrently with the
grading plan.
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5. Finished slopes shall conform to City Code Section 22.22.080-Grading,
6. All slopes in excess of five (5) feet in height shall be seeded 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.
7. All easements shall be clearly identified on the grading plan.
8. The grading plan shall show the location of any retaining walls and the elevations
of the top of wall/footing/retaining and the finished grade on both sides of the
retaining wall. Construction details for retaining walls shall be shown..on the
grading plan. Calculations and details of retaining walls shall be submitted to the
Building and Safety Division for review and approval.
All equipment staging areas shall be located on the project site. Staging area,
including material stockpile and equipment storage area, shall be enclosed within
a 6 foot -high chain link fence. All access points in the defense shall be locked
whenever the construction site is not supervised.
10. Submit a stockpile plan showing the proposed location for stockpile for grading
export materials, and the route of transport.
11. Prepare a horizontaF control plan `and submit concurrently with the grading plan
for review and approval.
12. Grading of the subject property shall be in accordance with the California Building
Code, City Grading Ordinance, Hillside Management Ordinance and acceptable
grading practices.
13. The maximum grade of driveways serving building pad areas shall be 15 percent.
In hillside areas driveway grades exceeding 15 percent shall have parking
landings with a minimum 16 feet deep and shall not exceed five (5) percent grade
or as required by the City Engineer. Driveways with a slope of 15 percent shall
incorporate grooves for traction into the construction as required by the City
Engineer.
14. 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.
15. 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.
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16. Rough grade certifications by project soils and civil engineers shall be submitted
prior to issuance of building permits for the foundation of the structure(s).
Retaining wall permits may be issued without a rough grade certificate.
17. Final grade certifications by project civil engineers shall be submitted to the Public
Works Department prior to the issuance of any project final inspections/Certificate
of Occupancy respectively.
18. Prior to the issuance of any permits, the applicant shall provide written permission
to the satisfaction of the City from any property owners which will be affected by
offsite grading.
C. DRAINAGE
1. Detailed drainage system information of the lot shall be submitted. All
drainage/runoff from the development shall be conveyed from the site to the
natural drainage course. No on -site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course..
2. 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.
3. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits, for
construction upon any parcel that may be subject to drainage flows entering,
leaving, or within a parcel relative to which a building permit is requested.
D. OFF -SITE STREET IMPROVEMENTS/TRAFFIC MITIGATIONS
1. Prior to issuance of Certificate of Occupancy, all off -site improvements shall .be
constructed in accordance with the approved Off -Site Improvement Plan (Plan)
to the satisfaction of the City Engineer. It is understood that the ongoing Caltrans
review may require changes to the Plan. The Plan shall be approved by Caltrans
approval and the City Engineer prior to issuance of construction permits. If
required by Caltrans, an encroachment permit shall be obtained from Caltrans
prior to commencing any works in the Caltrans right-of-way.
2. The applicant shall be responsible for any traffic signal modifications, public
signage, and utility relocations necessary to construct the improvements in
accordance with the Off -Site Improvement Plan,
3. A decorative crosswalk shall be constructed to connect the public sidewalk
across the project driveway.
4. Prior to issuance of Certificate of Occupancy, the existing bus stop on northbound
Lycoming, approximately 130 feet north of the intersection of Lycoming and Brea
Canyon, shall be improved by the following measures:
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a. A bus shelter shall be installed in accordance With the City of Diamond Bar
provided plans and specifications.
b. A concrete bus pad shall be installed in accordance with American Public
Works Association (APWA) Standard Plans for Public Works Construction
(SPPWC).
5. Prior to building permit issuance, sufficient right-of-way shall be dedicated to the
City in accordance with the approved Off -Site Improvement Plan to
accommodate the following improvements:
a. The sidewalk between the 60 FWY and the project driveway shall be
widened to 8 feet.
b: A deceleration lane shall be constructed for northbound traffic on Brea
Canyon to enter the project site through the driveway.
6. Prior to issuance of Certificates of Occupancy, there shall be a 30-day plant
establishment period and a subsequent 90-day landscape maintenance period
(120 days total) to establish the newly installed landscaping to the satisfaction of
the City.
7. Intersection improvements shall be constructed at the intersection of Brea
Canyon Road and Lycoming Street in accordance with the Year 2020 Year
Cumulative Plus Project Recommended Improvements of the approved Traffic
Impact Analysis Addendum,
8. 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.
9. 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 construction.
10. Prior to the recordation of the final tract map, the Applicant shall provide, to the
satisfaction of the City Engineer, the Applicant's fair -share contribution toward the
cost of the improvements of the impacted intersections in the amount of $853,518
as defined in Tables 11-2 and 11-3 of the approved Traffic Impact Analysis
Addendum. Fair share contributions shall be paid directly to the impacted agency.
Proof of payment shall be provided to the City.
11. Prior to issuance of Certificates of Occupancy, the Applicant shall install and
maintain approved landscaping within the Caltrans R/W directly adjacent to the
project site. A Landscape Maintenance Agreement shall be executed per
Caltrans requirements between the City and Caltrans. Concurrently, a second
Landscape Maintenance Agreement shall be executed between the property
owner and the City, outlining that the landscaping will be the property owner's
responsibility to maintain.
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12. An encroachment/access permit shall be acquired from Caltrans for the property
owner to maintain the landscaping prior to issuance of Certificate of Occupancy.
E. UTILITIES
1. The portion of the storm drain that is within the property is privately owned and
shall be maintained by the property owner. The. CC&Rs shall outline full storm
drain ownership and maintenance responsibilities. ,
2. Easements, satisfactory to the City Engineer and the utility companies, for public
utility and public services purpose shall be offered and shown on the detailed site
plan for dedication to the City or affected utility company as deemed necessary.
3. Prior to final map approval, a water system with appurtenant facilities to serve all
lots/parcels in the land division designed to the Walnut Valley Water District
(WVWD) specifications shall be provided and approved by the City Engineer:
The system shall include fire hydrants of the type and location as determined by
the Los Angeles County Fire Department. The water mains shalt be sized to.
accommodate the total domestic and fire flows to the satisfaction of the City
Engineer, WVWD and Fire Department,
4. Prior to final map approval, the applicant shall construct or enter into a subdivision
improvement agreement with the City guaranteeing construction of the necessary
improvements to the existing water system according to Walnut Valley Water
District (WVWD) specifications to accommodate the total domestic and fire flows
as may be required by the City. Engineer, WVWD and Fire Department.
5. 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.
6. 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,
7. Applicant shall relocate and underground any existing on -site utilities to the
satisfaction of the City Engineer and the respective utility owner.
8. Underground utilities shall not be constructed within the drip line of any mature
tree except as approved by a registered arborist.
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F. SEWERS/SEPTIC TANK
1. Each building unit shall be served by a separate sewer lateral which shall not
cross any other lot lines. The sanitary sewer system serving the tract shall be
connected to the County sewer system. Said system shall be of the size, grade
and depth approved by the City Engineer, County Sanitation District and Los
Angeles County Public Works.
2. Applicant shall obtain connection permit(s) from the City and County Sanitation
District prior to issuance of building permits.
3. Applicant, at applicant's sole cost and expense, shall construct the sewer system
in accordance with the City requirements.
H. FINAL MAP
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.
3. Prior to final map approval, applicant shall submit to the City Engineer the detail
cost estimates for bonding purposes of all public improvements.
4. Prior to final map approval, all site grading, landscaping, irrigation, street,
streetscape, sewer and storm drain improvement plans shall be approved: by the
City Engineer, surety shall be posted, and a subdivision agreement executed
guaranteeing completion of all public and private improvements.
5. Applicant shall label and delineate on the final map any private drives or fire lanes
to the satisfaction of the City Engineer.
6. 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
for dedication to the City.
7. Easements for disposal of drainage water onto or over adjacent parcels shall be
delineated and shown on the final map, as approved by the City Engineer.
8. Any existing easement for open space and utilities, trails shall be relocated
and/or grading performed, as necessary, to provide, for the portion within the
Subdivision, practical access for the intended use.
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APPLICANT SHALL CONTACT THE BUILDING AND SAFETY -DIVISION, (909) 83940207
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. the_2019 CBC series applies until
December 31, 2022) requirements and all other applicable construction codes,
ordinances and regulations in effect.
2. Provisions for CALGreen shall be implemented onto plans and certification shall
be 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.
Construction shall conform to the current CALGreen Code,
Plan Check — Items to be addressed prior to plan approval:
3. The minimum design load for wind in this area is 110 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.
4. This project shall comply.with the energy conservation requirements of the State
of California Energy Commission consistent with Subchapter 6 of the California
Energy Code.
5. Public Works/Engineering Department is required to review and approve grading
plans that clearly show all finish elevations, drainage, and retaining wall(s)
locations. These plans shall be consistent with the site plan submitted to the
Building & Safety Division.
6. "Separate permit shall be required for all wall and monument signs" and shall be
noted on plans.
7. "Separate permits are required for pool, spa, detached trellises and gazebos,
fountains, retaining walls, and fences over 6' in height" and shall be noted on
plans.
8. An exit analysis shall be provided during plan check, showing occupant load for
each space, exit width, exit signs, etc.
9. There shall be design for future electrical vehicle charging including circuitry in
the electrical panel and future conduit.
10. Number of plumbing fixtures shall be in compliance with CPC T-422.
11. Indicate the proposed addition and existing building on the plans. Submit code
analysis and justification showing the following:
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PC Resolution No. 2022-04
a. Each building square footage
b. Each building height
c. Type of construction
d. Sprinkler system
e. Each group occupancy.
f. Property line location in relation to each building (side yard)
g. Exit analysis for each building (occupant load/corridor rating/exit width/exit
signs, etc.)
h. Accessibility analysis for the entire site and for each building
i. Shaft rating/ exterior wall construction/ opening protection
12. Plans shall reflect adequate exit requirements. The distance between required
exits shall be meet the required diagonal distance separation per CBC 1007.1.1.
The office building stairs shall be separated at least the Yz or 1/3 the diagonal
distance as applicable.
13. All easements shall be shown on the site plan.
14. The paths of travel shall be coordinated between civil and architectural plans to
have no more than a 2% cross -slope and a 5% slope in the path of travel unless.
by a ramp. These paths of travel shall be maintained between buildings and the
public way.
15. ADA parking stall sizes shall meet dimensions specified in CBC 11B-502
including a larger width for van spaces distributed throughout the site.
16. Fire Department approval shall be required. Contact the Fire Department to for
specific requirements.
17. LA County Industrial Waste and Health approval will be required for any food
preparation areas.
18. All retaining walls shall be separately submitted to the Building & Safety and
Public Works/Engineering Departments for review and approval.
19. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
20. Design for future electric vehicle charging and solar ready roof shall be provided
in accordance with CALGreen 5.106.5.3,
21. Parking for low emitting/clean-air vehicle parking shall be provided per CALGreen
5.106.5.2.
22. Swimming pools shall be ADA accessible with a lift, ramp, or equal consistent
with CBC 11 B-1009.
23. All ADA rooms in the hotel shall meet requirements listed in CBC 11B-224 and
806 including required hearing impaired rooms.
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24. Sound levels within each hotel room shall meet sound attenuation requirements
listed in CBC 1207.2 through 1207.4 between units, common areas, and outside.
25. A commissioning report and design is required per CALGreen 5.410.2.
26. Bicycle parking is required per CALGreen 5.106.4.
27. Where passenger drop off zones are present, they shall be ADA accessible
consistent with CBC 11 B-503.3 for striping, path of travel, signage, and related
features.
28. The medical office ADA parking shall be increased where the use is for hospital
outpatient or rehabilitation as listed in CBC 11 B-208.2.
29. The percentage of protected and unprotected openings shall be in conformance
to CBC Table 705.8at the north side of the medical office.
Permit — Items required prior to building permit issuance:
30. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8. The
contractor shall complete all required forms and pay applicable deposits prior to
permit.
31. All food establishments shall obtain Los Angeles County health and
environmental waste permits.
32. Prior to building permit issuance, all school district fees shall be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
33. Submit grading plans clearly showing all finish elevations, drainage, and retaining
wall locations. No building permits shall be issued prior to submitting a pad
certification.
34. LA County Sanitation District approval shall be obtained for connection of the
sewer line.
35. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
36. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
37. LA County Health and Industrial Waste approval is required prior to permit
issuance of any food establishment.
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38. A sound barrier is required to be permitted and installed prior to any construction
consistent with the Mitigating Measures item 16.
Construction — Conditions required during construction:
39. Occupancy of the facilities shall not commence until all California Building Code
and State Fire Marshal regulations have been met. The buildings shall be
inspected for compliance prior to occupancy.
40. Every permit issued by the building official under the provisions of this Code shall
expire and become null and void unless the work authorized by such permit is
commenced within one -hundred -eighty (180) days after permit issuance, and if a
successful inspection has not been obtained from the building official within one -
hundred -eighty (180) days from the date of permit issuance or the last successful
inspection. A successful inspection shall mean a documented passed inspection
by the city building inspector as outlined in Section 110.6.
41. 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.
42. All equipment staging areas shall be maintained in an -orderly manner and
screened behind a minimum 6' high fence.
43. The project shall be protected by a construction fence to the satisfaction of the
Building Official, and shall comply with the NPDES & BMP requirements (sand
bags, etc.). All fencing shall be view obstructing with opaque surfaces.
44. The location of property lines and building pad may require a survey to be
determined by the building inspection during foundation and/or frame inspection.
45. 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.digalert.org.
46. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any work in
accordance with such changes or deviations.
47. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
48. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away from the
building at a 2% minimum slope. The final as -built conditions shall match the
grading/drainage plan or otherwise approved as -built grading/drainage plan.
49. Special inspections and structural observation will be required in conformance
with CBC 1704 to 1709.
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50. Footings shall be deepened where required to avoid underground storm drains
or infiltration basins or other underground structures.
51. Pool barriers shall be maintained at all times.
52. ADA access aisle striping shall be at least 8wide for van and 5' for conventional
or as required per CBC 11 B-502.2.
END
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