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HomeMy WebLinkAboutRES 2011-03CITY COUNCIL — RESOLUTION NO. 2011-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING PROJECT NO. PL 2010-163 CONSISTING OF DEVELOPMENT REVIEW, TENTATIVE TRACT MAP, VARIANCE, PARKING PERMIT, AND COMPREHENSIVE SIGN PROGRAM. A DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A NEW 36,142 SQUARE -FOOT THREE STORY PROFESSIONAL OFFICE CONDOMINIUM BUILDING; A TENTATIVE TRACT MAP NO. 71396 TO SUBDIVIDE AIR SPACE FOR A 30 -UNIT OFFICE CONDOMINIUM; A VARIANCE TO INCREASE THE BUILDING HEIGHT FROM 35 FEET TO 39 FEET; A PARKING PERMIT TO SHARE ACCESS AND PARKING WITH DIAMOND HILLS PLAZA; AND A COMPREHENSIVE SIGN PROGRAM FOR NEW SIGNAGE ON THE BUILDING LOCATED AT 2705 S. DIAMOND BAR BOULEVARD (ASSESSOR'S PARCEL NOS. 8285-020-096 AND 097). A. RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, THL Investments, LLC, have filed an application for Project No. PL 2010-163 to construct a 36,142 square -foot, new three story professional office condominium building located at 2705 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The following approvals are requested from the City Council: (a) Development Review to construct a 36,142 square -foot, new three story professional office building; (b) Tentative Tract Map to subdivide air space for a 30 -unit office condominium; (c) Variance to increase the building height from 35 to 39 feet; (d) Parking Permit to share access and parking with Diamond Hills Plaza; and (e) Comprehensive Sign Program for new signage on the building. Hereinafter in this Resolution, the subject Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program shall be referred to as the "Proposed Project." - 3. The subject property is comprised of two parcels totaling 0.94 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. 2011-03 4. The legal description of the subject property is Parcel Map 18722 Lot 11. The Assessor's Parcel Numbers are 8285-020-096 and 097. 5. On December 31, 2010, notification of the Planning Commission 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 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 6. On January 11, 2011, 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. At that time, the Planning Commission recommended that the City Council approve the Proposed Project, subject to conditions. 7. On February 4, 2011, notification of the City Council 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 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 8. On February 15, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all J interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct, 2. The City Council hereby determines the Project to have less than significant effect on the environment. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration incorporating a two story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity" with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall 2 City Council Resolution No. 2011 -XX 2011-03 square footage in the shopping center, even though story professional office building is larger than the two story retail/office building approved on this pad. the proposed three previously approved Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two story retail/office building to a three story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 3. The City Council 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 proposed 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 wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48, 21.20.080, 22.54, 22.30.050, and 22.36.060 the City Council hereby finds as follows: Development Review Findings (DBMC Section 22.48) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The proposed new three story office building 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, except the building height. The proposed building has been designed to be complementary to the existing renovated buildings within the shopping center and its massing has been skillfully designed to fit the site and its surroundings. The third floor has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. The project site is not a part of any theme areas, specific 3 City Council Resolution No. 2011 -XX 2011-03 plans, community plans, boulevards or planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed new three story office building will not interfere with the use or enjoyment of neighboring existing or future developments because the use of the project site is designated for commercial uses and is within an existing shopping center. In addition, the third floor has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. The proposed new office building will not interfere with vehicular or pedestrian movements, such as access or other functional requirements. A supplemental traffic study concluded that the proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. In addition, a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits. 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 new office building is designed to be compatible with the character of the neighborhood, and incorporated architectural details and colors to match the existing renovated buildings within the shopping center. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; The design of the new office building is a contemporary style of architecture to match the existing renovated buildings within the shopping center. Variation in the building elements has been achieved through the utilization of varying architectural features such as towers and balconies, building colors and materials, and landscaping. The project has a balance, involving well-proportioned masses and features. 5. The proposed development will not be safety or welfare or materially injurious values or resale(s) of property) to the 4 detrimental to the public health, (e.g., negative effect on property properties or improvements in the City Council Resolution No. 2011 -XX 2011-03 vicinity; and Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant effect on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Variance Findings (DBMC Section 22.54) 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non -self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; 5 City Council Resolution No. 2011 -XX 2011-03 The subject site has a grade constraint where the existing pad is five-foot below the street. The existing two story office building on the corner of Fountain Springs Road and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping _ center, including the proposed office building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. 2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought; A variance is requested to increase the building height from 35 feet to 39 feet. The site is unique because it is part of an existing shopping center that is constrained by a grade difference from the street. The existing pad is currently five-foot below Fountain Springs Road. The existing two story office building on the corner of Fountain Springs Road and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Also, the roof line of the existing adjacent building is nearly at the same level of the proposed three story building. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. 3. Granting the variance is consistent with the general plan and any applicable specific plan; The Variance is consistent with the general plan as it will allow for the development of an office building that is in scale with the surrounding buildings. The site is not located within a specific plan. 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution, and the 6 City Council Resolution No. 2011 -XX 2011-03 Building and Safety Division, Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant effect on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the City Council 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 proposed project involves the condominium subdivision of the site with 30 office units; and approximately 0.66 acres of parking areas, driveway easements, and landscaping. The General Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation. The project site is not a part of any specific plan. 7 City Council Resolution No. 2011 -XX 2011--03 2. The site is physically suitable for the type and proposed density of development; The proposed condominium subdivision will be consistent with the General Plan land use designation of General Commercial, which allows for the development of 30 office units in a 36,142 square -foot building. The building will have a ten -foot setback from Fountain Springs Road and is located within an urbanized area adequately served by existing roadways and infrastructure. Therefore the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat; The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area and is consistent with other similar improvements in the area. 5. 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 site has existing utility easements with the existing shopping center. In addition, a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits. 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; A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the 8 City Council Resolution No. 2011 -XX 2011-03 previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and - The existing pad has already been graded. Further grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. Parking Permit Findings (DBMC Section 22.36.060) 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; and The existing gross floor area of the shopping center excluding the AAA office building is 158,922 square feet, therefore, requires 530 parking spaces. The AAA office building is 20,000 sq. ft., therefore, requires 50 spaces. A recycling facility occupies 3 spaces, and there are - -- specialized education and training uses as well as foot massage services that require additional parking demand. The existing shopping center with the proposed new building will be required to provide 739 spaces. There 0 City Council Resolution No. 2011 -XX 2011-03 2 will be 926 spaces, and will exceed the requirement by providing a surplus of 187 spaces. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses). When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. The supplemental traffic and parking assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the north end of the shopping center is not heavily congested or utilized. Comprehensive Sign Program Findings (DBMC Section 22.36.060, 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 for signs proposed for the building. 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 comprehensive sign program enhances the overall development by limiting the signage to the first floor in front of the building, building name and address. All signage is limited to a single line of text, with a maximum of 18 -inches in height. The proposed signs are individual channel letters, illuminated using L.E.D. lighting. All sign lighting power sources shall be located at the building interior — above the finished ceiling. Colors are limited to blue and red with black trimcap and returns. The proposed signage is appropriate with the building and is complementary to the signage in the shopping center. All other signage for all units in the building will be inside the lobby. To provide pedestrians better awareness of other tenants and directions around the shopping center, a wayfinding study is incorporated into the signage program. The proposal is to install four directional signs throughout the shopping center. The new directional signs will make it easier for the public to access all areas of the shopping center including 10 City Council Resolution No 2011 -XX 2011-03 the proposed new building, thus, creating a more walkable and pedestrian -friendly shopping center. 3. The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants; and 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 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. u. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 22.48, 21.20.080, 22.54, 22.30.050, and 22.36.060 the City Council hereby finds and approves the Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL The development shall comply with the Conditions of Approval attached hereto and referenced herein. 2. Within 60 days following the issuance of a grading permit, the applicant shall submit a signed reciprocal access and parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, subject to the approval of the Community Development Director and to be recorded with the L.A. County Recorder's Office. If the agreement is not submitted within the timeframe stated above, the applicant shall cease all construction activity until the agreement, signed by all parties, is submitted to the City. 3. The applicant shall ensure that the existing pine trees located on the subject property along Fountain Springs Road are protected in place during and after construction and shall be maintained as follows: 11 City Council Resolution No. 2011 -XX 2011-03 a. Minimum Pruning: Standard pruning shall consist of "Crown Cleaning" as defined by the International Society of Arboriculture (ISA) Pruning Guidelines. Trees shall be pruned to reduce hazards and develop strong, safe framework. b. Maximum Pruning: No more than one fourth (25 percent) of the functioning leaf and stem area may be removed within a calendar year of any tree designated as being protected, or removal of foliage so as to cause the unbalancing of the tree. c. Root Protection: Roots that are encountered shall be cut back to sound wood and repaired (i.e. repaired root shall be cut back to sound wood and covered with either a plastic bag secured with tape or rubber band or coated with latex paint). Roots 2 inches and greater must remain injury free. If, for any reason, it should ever become necessary to remove any of the aforementioned trees, the applicant or successor(s) in interest shall apply for and obtain approval of a tree removal permit from the Planning Division and concurrently notify the owners of the single-family residences along Fountain Springs Road, directly across the street from the subject property, of the proposed tree removal. Trees shall be replaced as directed by the Planning Division to re-establish the visual buffer and screening of the three story office building that existed prior to the removal of the tree(s) in question. Unless an imminent health or safety threat necessitates the immediate removal of the tree(s), no tree shall be removed prior to approval of the applicable tree removal permit. The abovementioned tree protection and mitigation requirements shall be incorporated into the CC&Rs for the Project Site. 4. Provide tree wells within the parking lot and planted with a small slow growing tree. 5. All landscaping on the site shall comply with the City's Water Conservation Landscaping Ordinance No. 02(2009). 6. 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. 7. All visible vents, gutters, down spouts, flashings, and the like shall match the color of the building. 8. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this entitlement are 12 City Council Resolution No. 2011 -XX 2011--03 with the California Environmental Quality Act (CEQA) and the more restrictive measure or condition applies. B. TENTATIVE TRACT CONDITIONS 1. The development shall mitigate or eliminate environmental problems identified through the environmental review process, except where a statement of overriding considerations has been adopted in compliance with CEQA; 2. 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; 3. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan; 4. 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; -- 5. Prior to the issuance of building permits, the Covenants, Conditions, and Restrictions (CC&R's) that govern the 30 units within the building shall be reviewed and approved by the City Attorney. 6. Group mailboxes shall be fully treated with architecture and/or landscape screening to the satisfaction of the Community Development Director if provided at the exterior of the building. C. ENVIRONMENTAL MITIGATION CONDITIONS 1. The following measures should be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM 10 and PM 2.5 emissions: • Water exposed surfaces frequently (as necessary) to prevent fugitive dust; • Cover all stockpile of soil/fill with tarps; and • Cover loads of soil/fill on trucks hauling dirt. 2. The following measures should be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: 13 City Council Resolution No. 2011 -XX 2011®03 • All diesel trucks should be fitted with particulate filters and traps; and • All construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. 3. If during grading archaeological resources are encountered, construction activities in the area of the find must be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 4. If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the corner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. 5. The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBMC Chapter 8.12. 6. The City shall restrict demolition and construction operations to within the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday. No construction activities shall take place outside of these hours or on the weekends or holidays, unless emergency measures are required. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 15TH DAY OF FEBRUARY 2011, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Ste v ye, Maypr 14 City Council Resolution No. 2011 -XX 2011-03 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 15th day of February 2011, by the following vote: AYES: Council Member: Everett, Herrera, Tanaka, MPT/Chang NOES: Council Member: None ABSTAIN: Council Member: M/Tye ABSENT: Council Member: None ATTEST:_ t CGJ Tommi e Cribbins Cit Clerk Y � Y City of Diamond Bar 15 City Council Resolution No. 2011 -XX 2011-03 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 SUBJECT: To construct a 36,142 square -foot new three story professional office condominium building. A Tentative Tract Map to subdivide air space for a 30 -unit office condominium, a Variance to increase the building height from 35 feet to 39 feet, a Parking Permit to share access and parking with Diamond Hills Plaza, and Comprehensive Sinn Program for new signage on the building. PROPERTY County Hills Holdings, LLC, 8115 Preston Road, OWNER(S): Suite 400, Dallas, TX 75225 APPLICANT: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748 LOCATION: 2705 S. 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: 16 City Council Resolution No. 2011 -XX 2011-03 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 and Variance No. PL 2010-163 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of City Council Resolution No. 2011 -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. 17 City Council Resolution No 2011 -XX 2011-03 n C. rQ 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. 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. 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. TIME LIMITS 1. The approval of Development Review, Tentative Tract Map, Variance, and Comprehensive Sign Program 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. SITE DEVELOPMENT 1: The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and City Council Resolution No. 2011 -XX 2011-03 amended herein by the City Council, 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. 6. If any aspect of construction requires the use of an easement on a third party's 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 19 City Council Resolution No. 2011 -XX 2011-3 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 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 REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract Map No. 71396 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. 20 City Council Resolution No. 2011 -XX 2011--03 The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING - DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A title reporUguarantee 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, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 8. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. The CC&R's shall also include all provisions permitting cross lot drainage. 21 City Council Resolution No 2011 -XX 2011-03 9. 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. 10. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 11. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City or respective utility company. 12. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 13. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 14. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 15. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 16. All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 17. Prior to final map approval, the applicant shall submit a proposed address assignment plan for each unit for review and approval by the Public Works Department. B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 22 City Council Resolution No. 2011 -XX 2011-03 2. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review. 3. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 4. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:30 a.m. and 5:30 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. In addition, all construction equipment shall be properly muffled to reduce noise levels. 5. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the proposed development shall be locked whenever the construction site is _ not supervised. 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following if applicable: a. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. b. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. C. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. -- 23 City Council Resolution No. 2011 -XX 2011-03 8. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 9. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. 0 Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 11. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 12. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 13. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 14. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations - 15. Rough Grade certifications by project soils and civil engineer and the as - graded geotechnical report shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 24 City Council Resolution No. 2011 -XX 2011---03 16. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. 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. 2. All storm drain facilities plans shall be plan checked by the City Engineer and all fees required shall be paid by the applicant. 3. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to grading permit issuance. 4. 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. 5. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. 6. Identify where all roof drains will outlet on the drainage plan. Where possible, roof drains shall outlet into landscape areas. 7. Finished ground swales within 10' of the building shall have a minimum slope of 2%. 8. Drainage facilities shall be not installed in any easements unless permission from the easement holder has been obtained. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 25 City Council Resolution No. 2011 -XX 2011-03 _ 3. Prior to building occupancy, applicant shall construct base and pavement for all parking and private drive areas accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 4. Any damage that is caused to the Public right-of-way by construction activities will be the responsibility of the contractor to repair to the satisfaction of the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication. 2. 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. 3. 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 N, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 4. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. 2. Applicant shall obtain connection permit(s) from the City and Los Angeles County Public Works Department. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City Standards prior to occupancy. M City Council Resolution No 2011 -XX 2011-•03 G. TRAFFIC MITIGATIONS (NOT APPLICABLE) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: — Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday through Friday between the hours of 7:30 a.m. and 5:30 p.m. 5. Occupancy of the facilities shall not commence until such time as all Building Codes and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with the 2008 California Energy Code requirements of the State of California Energy Commission. 8. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. This project shall comply with all Accessibility Code requirements 27 City Council Resolution No, 2011 -XX 2011-03 including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 11. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. A height survey may be required at completion of framing. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 14. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 15. Verify adequate exit requirements. The distance between required exits shall be % of the building diagonal. 16. All balconies shall be designed for 601b. live load. 17. Indicate all easements on the site plan. 18. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be _ covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 28 City Council Resolution No 2011 -XX 2011-03 19. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 29 City Council Resolution No. 2011 -XX 201103