EXHIBIT A
DEPARTMENTAL
CONDITIONS OF APPROVAL
DATE: September 3, 2024
PROJECT FILE NO.: PL24-0018 (Administrative Approval)
LOCATION: 12516 Central Avenue APN 1015-371-02
APPLICANT: CASCO for O’Reilly’s
The departments listed below have reviewed the above referenced application. Those departments marked with an “X” have required conditions of approval to be imposed on the project.
Development Services Department –
[X ] Planning Division
[ ] ADA Accessibility Division
Public Works Department –
[ ] Engineering Division
[ ] Traffic Division
[ ] Chino Valley Independent Fire District
[ ] Police Department
[ ] Finance Department
[ ] Community Services, Parks & Recreation Department
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION CONDITIONS OF APPROVAL
DATE: September 3, 2024
PROJECT FILE NO.: PL24-0018 (Administrative Approval)
LOCATION: 12516 Central Avenue (APN 1015-371-02)
APPLICANT: CASCO for O’Reilly Auto Parts
1.0 TIME LIMITS:
1.1. Administrative approval shall expire on September 3, 2025, if the approved use if a building permit is not obtained and/or the approved use has not commenced . The expiration date may be extended upon written request by the applicant on a City application form. The request must be received by the Director of Development Services at least 30 days prior to expiration of the application.
1.2. Should the use for which this approval is granted cease to exist for 180 or more consecutive days, this permit shall be deemed null and void.
2.0 GENERAL REQUIREMENTS:
2.1. Failure to comply with any conditions of approval shall be deemed just cause for revocation of project approval by the Planning Commission.
2.2. The project shall proceed only in accordance with approved plans on file with the Development Services Department, the conditions contained herein and the Chino Municipal Code.
2.3. Approval of this request shall not waive compliance with all sections of the Chino Municipal Code, all other applicable City ordinances, and applicable specific plans.
2.4. Pursuant to Government Code Section 66020, the applicant is informed that the 90- day period in which the applicant may protest the fees, dedications, reservation or other exaction imposed on this project through the conditions of approval has begun.
2.5. In the event that any condition contained herein is determined to be invalid or legally unenforceable, then all remaining conditions shall remain in force.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: September 3, 2024
2.6. In the event that any condition imposing a fee, exaction, dedication, or other mitigation measure is challenged by the project sponsors and/or other parties in an action filed in a court of law, which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the applicable section of the entire project shall be reviewed by the City and substitute conditions may be imposed.
2.7. The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, Planning Commission, or other decision- making body, or staff action concerning this project. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition.
2.8. The City of Chino has an exclusive contract with Waste Management for all solid waste collection and hauling services within the City. The applicant shall be responsible for making arrangements with Waste Management for disposal of any/all construction debris or trash generated as a result of this permit. Waste Management can be reached at 1- 800 423-9986.
2.9. Pursuant to Public Resources Code Section 21089 and Fish and Wildlife Code Section 711.4, the developer shall provide those fees marked [X] below in the form of a check made payable to the San Bernardino County Clerk of the Board of Supervisors within 5 days of Planning Commission approval . Project approval shall not be complete until the required fee(s) is (are) paid:
[ X ] $50 for the Notice of Exemption filing fee.
3.0 PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND/OR
COMMENCEMENT OF THE APPROVED USE:
3.1. Upon submittal of construction drawings to the Building Division for plan check review, all departmental conditions of approval for the project shall be included on the sheet following the title sheet, or the first construction
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: September 3, 2024
drawing sheet. This condition shall be a minimum requirement for acceptance of construction drawings for the Building plan check review.
3.2. Revised plans, incorporating all conditions of approval, shall be submitted for review and approval by the Director of Development Services.
3.3. All plans shall be coordinated for consistency.
3.4. The applicant shall pay development impact fees at the established rate.
Such fees may include, but not be limited to, new construction fee, park or open space fees, school fees, drainage fees, sewer fees, building permit and plan check fees.
3.5. A coating that will facilitate the removal of graffiti shall be applied over the complete height of all walls and/or fences, and to a height of eight feet on building walls, at the following locations: the generator enclosure. If a coating is not provided, the owner of the property shall paint the buildings and/or walls to remove graffiti within 72 hours of notice.
4.0 THE APPROVED USE SHALL BE OPERATED IN ACCORDANCE WITH THE FOLLOWING:
4.1. All operations shall not create a nuisance due to noise, odor, dust, mud, smoke, steam, vibration or other similar causes.
4.2. The operation or activity shall not cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution that can cause damage to human health, vegetation, or other forms of air pollution that can cause excessive soiling on any other parcel. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District or the requirements of any Air Quality Plan adopted by the City of Chino.
4.3. The operation or activity shall not emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable to a level that is detectable with or without the aid of instruments at or beyond the project site boundary.
4.4. The operation shall not discharge, at any point, into any public or private street, public sewer, storm drain, private stream, body of water, or into the ground, any material which can contaminate any water supply, interfere with bacteriological processes in sewer treatment, or otherwise cause the emission of dangerous or offensive elements, except in accordance with the standards approved by the California Department of Public Health, or any other federal, state or local government agency.
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: September 3, 2024
4.5. No operation or activity shall emit heat or cold that would cause a temperature increase or decrease on any adjacent parcel in excess of 10 0F (5.560C).
4.6. No operation or activity shall cause any impermissible source of electronic disturbance that adversely affects persons or the operation of any equipment on any other parcel that is not in conformance with the regulations of the Federal Communications Commission (FCC).
Impermissible interference for the purposes of this document shall mean any interference that violates the rules and regulations of the FCC and/or the Communications Act of 1934, as amended.
4.7. No operation or activity shall be permitted to cause a steady state, earth- borne oscillation which is continuous and occurring more frequently than 100 times per minute beyond the project site. Ground vibration caused by moving vehicles, trains, aircraft, or temporary construction or demolition is exempted from this requirement.
4.8. Noise emanating from the project site, and which is received by adjacent land uses, shall not exceed the levels specified below, except that loudspeakers, bells, gongs, buzzers or other noise attention or attracting devices shall not exceed a maximum daytime dBA level of 60 and nighttime dBA of 40, measured anywhere beyond the boundaries of the property within which the noise is created.
5.0 OTHER REQUIREMENTS
5.1 Special Conditions:
5.1.1 The existing chain link enclosure located on the south elevation of the building shall be removed and all debris shall be removed from the site.
Maximum Time of
Exposure
Noise
Metric
Noise Level Not To Be Exceeded
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
30 Minutes/Hour L50 55 dBA 50 dBA
15 Minutes/Hour L25 60 dBA 55 dBA
5 Minutes/Hour L8.3 65 dBA 60 dBA
One Minute/Hour L1.7 70 dBA 65 dBA
Any Period of Time Lmax 75 dBA 70 dBA
DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION
CONDITIONS OF APPROVAL
FILE NO.: PL24-0018 (Administrative Approval) DATE: September 3, 2024
5.1.2 An 8 -foot-high block wall enclosure shall be provided around the generator. Additionally, the generator shall be equipped with a noise mitigating muffler.
5.1.3 The generator shall be used for emergency purposes only, in the event of a power outage.
5.1.4 Testing of the generator shall only be conducted from 9:00 AM to 4:00 PM.
5.1.5 Use of the generator shall only be conducted during the store’s operational hours.