HomeMy WebLinkAboutPC 2013-220
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
NO.PL2013-215 TO CONSTRUCT A NEW BUILDING FOR RETAIL
AUTOMOTIVE PARTS AND SERVICE ESTABLISHMENT WITH FOUR
SERVICE BAYS LOCATED AT 2875 S. DIAMOND BAR BOULEVARD
(ASSESSOR'S PARCEL NO. 8285-020-006 and 8285-020-007).
RECITALS
1 Property owner, Diamond Bar Plaza, LLC, and applicant, Dan Wainwright,
America's Tire Company, have filed an application for Development Review
Project No. PL 2012-215 to construct a 7,149 square -foot building for retail
automotive parts and service establishment with four service bays located at 2875
S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California.
Hereinafter in this resolution, the subject Development Review shall collectively be
referred to as the "Project."
2. The subject property is comprised of one legal lot totaling 23,877 square feet (0.55
gross acres). It is located in the Community Commercial (C-2) zone and is
consistent with the General Commercial land use designation of the General Plan.
3. The Assessor's Parcel Numbers associated with the subject property are
8285-020-006 and 8285-020-007.
4. On September 27, 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. In addition to the published and mailed
notices, the project site was posted with a display board.
5, On October 8, 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. The Planning Commission hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Resolution are true and correct; and
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15303(c) (a new commercial
structure not exceeding 10,000 square feet in floor area) of the CEQA Guidelines.
Therefore, no further environmental review is required.
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 this Planning Commission hereby finds and
recommends 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 and development standards by meeting all of the required
setbacks. The proposed building has been designed to be complementary with
new and remodeled commercial buildings throughout the City and its messing has
been skillfully designed to fit the site and its surroundings. 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 use of the project site is designated for
commercial uses.
The proposed building for retail automotive parts and service establishment will
not interfere with vehicular or pedestrian movements, such as access or other
functional requirements.
3. The architectural design for the Project is compatible with the character of the
surrounding neighbor -hood 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 contemporary,- and is designed to be compatible with
surrounding buildings, and incorporates architectural details and colors that relate
well to the existing renovated buildings in the City.
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-,
Variation in the building elements has been achieved through the utilization of
varying architectural features such as towers and parapet walls, building colors
2 Planning Commission Resolution No 2013-22
and materials, and landscaping. The project has a sense of balance, involving
well-proportioned masses and roof design.
5. 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, and
Before the issuance of any City permits, the Project is required to comply with all
conditions within the approved resolution, and the Building and Safety Division and
Public Works Departments, and Los Angeles 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).
The Project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303(c)
(a new commercial structure not exceeding 10,000 square feet in floor area)of the
CEQA guidelines.
Based upon the findings and conclusion set .forth above, the Planning Commission
hereby approves Development Review No. PL2013-215 subject to the following
conditions:
1. The development shall comply with the Conditions of Approval attached hereto
and referenced herein.
Z 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.
3. Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing,
4. Prior to building permit issuance, landscape and irrigation plans shall be reviewed
and approved by the City's Consulting Landscape Architect and shall comply with
the Water Conservation Landscaping Ordinance.
3 Planning Commission Resolution No 2013-22
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:
Larry Zerner, Diamond Bar Plaza, 1801 Century Park East, Suite 2400, Los
Angeles, CA 90067; and Dan Wainwright, America's Tire Company,
20225 N. Scottsdale Rd., Scottsdale, AZ 85255.
APPROVED AND ADOPTED THIS 8T" DAY OF OCTOBER 2013, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
''� orng, Ch irr
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 8t" day of
October 2013, by the following vote:
AYES: Commissioners
NOES: Commissioners:
BSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Gubrn—an, Secretary
Dhingra, Lin, Shah, VC/Farago, Chair/Torng
None
None
4 DR PL2013-215
ll 11! - ro I �111
SUBJECT: A Development Review to construct a new 7,14
square -foot building for a retail automotive parts
and service establishment with four service bays.
PROPERTY Diamond Bar Plaza, 1800 Century Park East, Suite 2400,
OWNER(S): Los Angeles, CA 90067
APPLICANT: Dan Wainwright- America's Tire Company, 20225 N.
Scottsdale Rd. Scottsdale, -AZ 85255
LOCATION: 2875 South Diamond Bar Boulevard, Diamond Bar,
CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR
PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding
to attack, set-aside, void or annul the approval of Development Review
No. PL 2013-215 brought within the time period provided by
5 Planning Commission Resolution No 2013-22
Government Code Section 66499.37. In the event the city and/or its
officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. The City shall promptly notify the applicant
of any claim, action of proceeding, and shall cooperate fully in
the defense thereof.
2. This approval shall not be effective for any purpose until the applicant
and owner of the property involved have filed, within twenty-one (21)
days of approval of this Development Review No. PL 2013-215 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. 2013-22,
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
cornmenced 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.
6 Planning Commission Resolution No 2013-22
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.
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 Development Review shall expire within two (2) years
from the date of approval if the use has not been exercised as defined
per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b) (1).
The applicant may request in writing a one year time extension subject
to DBMC Section 22.66.050 (c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, 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
7 Planning Commission Resolution No. 2013-22
a
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. All landscaping, structures, architectural features and public
improvements damaged during construction shall be repaired or
replaced upon project completion.
SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction shall be done only
by the property owner, applicant or by a duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential, commercial,
construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has
obtained permits from the City of Diamond Bar to provide such
services.
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
1. An Erosion Control Plan shall be submitted concurrently with the
grading plan clearly detailing erosion control measures. These
measures shall be implemented during construction. The erosion
8 Planning Commission Resolution No 2013-22
control plan shall conform to national Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate Best
Management Practices (BMP's) as specified in the Storm Water BMP
Certification.
2. The applicant shall comply with the 2012 MS4 Permit requirements to
the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment
and materials and operation of heavy grading equipment shall be
limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday
through Saturday. Dust generated by grading and construction
activities shall be reduced by watering the soil prior to and during the
activities and in accordance with South Coast Air Quality Management
District Rule 402 and Rule 403. Reclaimed water shall be used
whenever possible. Additionally, all construction equipment shall be
properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
1. Prior to grading plan submittal, a geotechnical report prepared by a
Geotechnical Engineer, licensed by the State of California, shall be
submitted by the applicant for approval by the City.
2. Upon approval of the geotechnical report, the applicant shall submit
drainage and grading plans prepared by a Civil Engineer, licensed by
the State of California, prepared in accordance with the City's
requirements for the City's review and approval. A list of requirements
for grading plan check is available from the Public Works Department.
All grading (cut and fill) calculations shall be submitted to the City
concurrently with the grading plan.
3. Finished slopes shall conform to DBMC Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
5, 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.
9 Planning Commission Resolution No 2013-22
6. 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.
7. Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside Management
Ordinance and acceptable grading practices.
8. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
9. 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.
10. 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.
11. 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. Detailed drainage system information of the lot with careful attention to
any flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage
course. No on-site drainage shall be conveyed to adjacent parcels,
unless that is the natural drainage course.
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 and Los
Angeles Public Works Department.
3. Additional flow through the existing parkway drain (curb cores) will not
be permitted.
10 Planning Commission Resolution No 2013-22
1. Applicant shall construct the sidewalk as shown in the preliminary
grading plan where the existing driveway approaches are to be
removed. New Driveway approaches shall be constructed in
accordance with current American Public Works Association (APWA)
standards and the American's with Disability Act (ADA). All public
improvements shall be approved by the City Engineer, constructed with
an encroachment permit and completed prior to final
inspection/certificate of occupancy issuance.
2. A landscaped parkway and street trees shall be added to the parkway
areas along Cold Spring Lane and Diamond Bar Blvd. Separate plans
shall be submitted for review and approval by the Public Works
Department, Planning Division and the Community Services
Department prior to Building Permit issuance. Improvements shall be
fully installed and accepted prior to issuance of Occupancy or final
inspection. This area will be the responsibility of the property owner to
irrigate and maintain.
E. UTILITIES
1. 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.
2. Will Serve Letters shall be submitted stating that adequate facilities are
or will be available to serve the proposed project shall be submitted to
the City from all utilities such as, but not limited to, phone, gas, water,
electric, and cable.
3. Applicant shall relocate and underground any existing on-site utilities to
the satisfaction of the City Engineer and the respective utility owner.
4. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
F. SEWERS/SEPTIC TANK
1. Applicant shall obtain sewer connection permit(s) to the main line along
Cold Spring Lane from the City prior to issuance of building permits.
Inspections will be required by both the City and Los Angeles County.
11 Planning Commission Resolution No 2013-22
2. Applicant, at applicant's sole cost and expense, shall construct the
sewer system in accordance with the City Public Works Department
and Building & Safety Division, and Los Angeles County Public Works
Division. Sewer plans shall be submitted for review and approval by
the City.
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.
& 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.
12 Planning Commission Resolution No 2013-22
8. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 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.
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 ArchitectlEngineer with wet stamp and signature.
11. This project shall comply with the energy conservation requirements of
the State of California Energy Commission. All lighting shall be high
efficacy or equivalent per the current California Energy Code 119 and
150(k).
12. Indoor air quality shall be provided consistent with ASHRAE 62.2 as
required per California Energy Code 150(0).
13. 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.
14. Submit Public Works Department approved grading plans showing
clearly all finish elevations, and drainage.
15. "Separate permit shall be required for all wall and monument signs,
storage racks, vehicle lifts, and fire sprinklers" and shall be noted on
plans. Otherwise these items shall be submitted for plan check.
16. Vehicle lifts shall be designed prior to installation for lateral loads and
listing information provided which identifies the required design criteria.
17. Location for low -emitting vehicle parking is required as required per
CALGreen 5.710.6.3.
18. The quantity of hazardous materials storage shall be provided for
review by Building & Safety and Fire Department as required per CBC
414, This includes listing the quantities of oil, tires, lubricants, batteries,
and other vehicle maintenance supplies. They shall not be in excess of
the listed in CBC Tables 307.1(1) and 307.1(2).
13 Planning Commission Resolution No 2013-22
19. 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.
20. Number of plumbing fixtures shall be in compliance with CPC T-4-1.
21. Provide exit analysis showing occupant load for each space, exit width,
exit signs, etc. This includes requiring two exits for the sales area.
22. Indicate the proposed addition and existing building on the plans.
Submit code analysis and justification showing the following:
a. Each building square foot;
b. Each building height;
C. Type of construction;
d. Sprinkler system;
e. Each group occupancy;
f. Property line location in relation to each building (side yard);
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.);
h. Accessibility analysis for the entire site and for each building;
and
i. Shaft rating/ exterior walls construction/ opening protection.
2.3. Verify adequate exit requirements. The distance between required exits
shall be'/2 of the building diagonal. This includes the sales area.
24. Indicate all easements on the site plan.
25. 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.
26. The project shall be protected by a construction fence and shall comply
with the NPDES & BMP requirements (sand bags, etc.).
27. Drainage patterns shall match the approved grading/drainage plan from
the Engineering Department. Surface water shall drain away from
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.
14 Planning Commission Resolution No. 2013-22
28. All glazing in hazardous locations shall be labeled as safety glass, The
labeling shall be visible for final inspection.
29. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water
proofing material. Also, provide guardrail connection detail (height,
spacing, etc.)
30. Private property sewer system shall be approved by the Los Angeles
County Sanitation District.
31. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
32. A soils report is required and all recommendations of the soils report
shall be adhered to.
33. 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.
34. The location of property lines and building pad may require a survey.
35. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
36. Any changes to approved plans during the course of construction shall
be approved by the City prior to proceeding with any work.
37. LA County Industrial Waste approval is required prior to permit
issuance for grease separators.
38, Features provided by the architect for design of the accessible parking
stall adjacent to the drive aisle shall be incorporated onto plans
including truncated domes, warning signs, colored concrete, and other
features as deemed necessary by the architect.
WEN
15 Planning Commission Resolution No 2013-22