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HomeMy WebLinkAbout04/8/2014 PC AgendaPLANNING COMMISSIONFILE COPY AGENDA April . 2014 7:00 eM. City Hall, Community'•o 21810 Copley Diamond Bar, CA 91765 Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. W The City of Diamond Bar uses recycled paper Please refrain ITOM smoKrny, vu""vul and encourages you to ao me same drinking in the Auditorium City of Diamond Bar Planning Commission MEETING RULES ,r The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 pmi., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: infoCa)-diamondbarca.gov Website: www.diamondbarca.gov • mmr-umn9w, rkxmtl� CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 8, 2014 CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Jimmy Lin, Ruth Low, Peter Pirritano, Vice Chairman Jack Shah, Chairman Frank Farago, 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS. This is the time and place for the general public to address the members of the Planning commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a oeaker's Card for the recording Secretary (completion of this form is voluntary). There is a five minute maximum time limit when addressing the Planning commission. 3. APPROVAL OF AGENDA: Chairman mm The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes o f Regular- M--e—e _11 -n-q: March 25, 2014 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL2014-14 Under the authority of DBMC Section 22.58, the applicant is requesting a Conditional Use Permit to operate an art school in a 1,175 square -foot space located within The Diamond Bar Town Center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan and use designation of General Commercial. Project Address: 1155 S. Diamond Bar Blvd., Unit G Diamond Bar, CA 91765 0=1111111H., 2014 PAGE 2 ?LANNING COMMISSION AGENDA Property Owner: Diamond Bar Town Center, LLC 1155 Diamond Bar Blvd., Unit G Diamond Bar, CA 91765 Applicant: Geoff Sournakian Fibo Kids Art Academy 2825 Tarragon Court Fullerton, CA 92835 Environmental Determination: The project had been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on the assessment the City has determined the project to be Categorically Exempt from the provision of CEQA pursuant to Article 19 under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PI -2014-14, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. PL2014-82 - Under the authority of DBIVIC Section 22.58, the applicant is requesting a Conditional Use Permit to operate a 16,800 square -foot fitness center located within the Diamond Bar Towne Center. The subject property is zoned Regional Commercial (C3) with an underlying General Plan land use designation of General Commercial. Project Address: 1142 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Property Owner: Courtney Pease, ROIC 8905 Towne Center Dr., Suite 108 San Diego, Ca 92122 Applicant: Bryan Montoya 2070 Business Center Dr., Suite 220 Irving, CA 92612 Environmental Determination: Environry-antal Determination: The project had been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on the assessment the City has determined the project to be Categorically Exempt from the provision of CEQA pursuant to Article 19 under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. aw-joulm 0 9 im PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PI -2014-82, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: ' CITY BIRTHDAY PARTY 25th Anniversary PARKS AND RECREATION COMMISSION MEETING: I Tuesday, April 15, 2014 — 6:45 p.m. South Coast Air Quality Management District Auditorium, 21825 Copley Dr. Diamond Bar, CA 91765 Tuesday, April 22, 2014, 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, April 10, 2014 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Saturday, April 12, 2014 11:00 a.m. — 5:00 p.m. Pantera Park 738 Pantera Dr. Thursday, April 24, 2014 — 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR 1, Tommye Cribbins, declare as follows: On April 8, 2014, the Diamond Bar Planning Commission will hold a Regular Meeting at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On April 0, 2014, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 21800 Copley Drive Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on April 4, 2014, at Diamond Bar, California. Tommye Cribbins Administration Department CD:\zstell,,i\at'fid,,iviLpostijig doc anis read, to" r 14-11 PLANNG COMMISS�ON AR AGENDA REPORT CITY OF DIAMOND BAR -21810 COPLEY DRIVE DIAMOND BAR, CA 91765 TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.2 MEETING DATE: April 8, 2014 CASE/FILE NUMBER: Conditional Use Permit No. PL 2014-082 GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Regional Commercial (C-3) PROJECT LOCATION: 1142 S. Diamond Bar Blvd., Diamond Bar, CA 91765 (APN 8701-027-031) PROPERTY OWNER: Courtney Pease ROTC 8905 Towne Center Dr., Suite 108 San Diego, CA 92122 APPLICANT: Bryan Montoya Cadtronics, Inc. 2070 Business Center Dr., Suite 220 Irvine, CA 92612 The applicant is requesting approval of a Conditional Use Permit (CUP) application for a fitness center (Crunch Fitness) in a 16,800 square -foot lease space located at Diamond Bar Towne Center. Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No, PI -2014-082, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. Crunch Fitness is a membership only fitness center, with gym locations throughout the country and abroad, Although initially established in New York City (circa 1989), Crunch Page 1 of 6 No. PL 2014-082 Fitness operates a majority of their franchise and corporate owned facilities in California, with a current total of 23 fitness centers. Crunch Fitness is proposing to locate within Diamond Bar Towne Center', located on the east side of Diamond Bar Boulevard between Grand Avenue and Clear Creek Canyon Drive, formerly anchored by a Ralphs supermarket (currently vacant). The shopping center consists of approximately 100,342 square feet of floor area and includes tenants consisting of retail, restaurants, drycleaner, banks, and personal services. The center is comprised of attached inline tenant spaces and pad buildings fronting along Diamond Bar Blvd. Crunch Fitness will locate in the currently vacant tenant space at the northeast end of the center. A portion of the proposed lease area is currently occupied by The UPS Store. The UPS Store will be relocated to an adjacent vacant unit and transfer its current address. Project Qq§.gMien Crunch Fitness intends to offer traditional exercise equipment, including treadmills, stationary bicycles, and free weights, along with fitness classes. The Crunch Fitness business model is to incorporate exercise with active movements by offering classes with proprietary names, such as "Hip -Hop Aerobics," "Co -Ed Action Wrestling," and "Cyked Yoga Cycling." The facility will also include a tanning area. Additionally, the gym will include men's and women's locker rooms with shower facilities. The gym will be open seven days per week. The hours of operation will be Monday to Thursday, from 5:00 a.m. to 11:00 p.m.; Friday, from 5:00 a.m. to 9:00 p.m.; and Saturday and Sunday, from 7:00 a.m. to 7:00 p.m. The business will operate on a membership only basis. Site and Surrounding General Plan, Zoning and Land Uses The following table describes the surrounding land uses located adjacent to the subject property: Not to be confused with the shopping center on the northwest corner of S. Diamond Bar Blvd, and Grand Avenue that is identified as Diamond Bar Town Center ("Town" without an "c"). No. PL 2014-082 Page 2 of 6 Site Aeriai ReviewAuth 3r6t Section 22.581 L[Oiamond Bar Municipall CodejOH-C) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-3 zone requires approval of a CUP fora fitness center. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be Page 3 of 6 No. PL 2014-082 found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owners of the proposed crossfit fitness facility were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the fitness center without full review and approval by the Planning Commission. Parking and Circulation Shopping centers greater than 50,000 square feet in size are required to provide one parking space for every 300 square feet of gross floor area. The parking requirements for businesses approved under a CUP (i.e., schools, tutoring, health/fitness studios, etc.) are calculated separately. Diamond Sar Towne Center provides 416 off-street parking spaces. The existing gross floor area of the shopping center, excluding the proposed fitness center, is 83,542 square feet, and therefore requires 279 parking spaces. The proposed fitness center requires a minimum of 112 parking spaces per the Development Code. The combined existing and proposed uses at the shopping center requires 391 parking spaces. Because there is a surplus of 25 parking spaces, staff does not foresee any off street parking supply issues resulting from the proposed use. City's Development Code Parking Requirement The fitness center will implement various security measures to deter criminal activity within the gym and in the immediate parking areas in front and behind the building. Monitored security surveillance will consist of four exterior wall mounted security cameras to capture the parking areas, and seven interior wall mounted security cameras to capture various points of ingress and egress of the building, including the interior entrance/exit of each locker room. Video will be retained for a minimum 30 -day period and will be immediately available to law enforcement and City officials upon No. PL 2014-082 Page 4 of 6 request. Additionally, the shopping center is patrolled by private security personnel on a regular basis. 'The proposed business is located within an existing shopping center, surrounded by commercial shopping centers to the south and west, and single-family residential uses to the north and east. The proposed fitness center is compatible with the surrounding neighborhood because it is located near residential uses, which is a convenient location for families located in the immediate neighborhood. The shopping center has numerous different uses including a drycleaner, banks, restaurants, and other retail anperonal service uses. As such, the operational characteristics of the proposed fitd nessscenter are compatible with the existing uses in the shopping center. zm�,Is � Additic lal -Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on March 26, 2014, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 28, 2014. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. Page 5 of 6 No. PL 2014-082 'This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Josju A Espino nt Planner - Attachments: Reviewed by: -19 Gr . Senior Planner 1. 'Draft Resolution No. 2014 -XX and Conditions of Approval 2. Site Plan and Floor Plan No. PL 2014-082 Page 6 of 6 km re -1) 0 um N, 10111M 11ap Property owner, Courtney Pease, ROTC, and applicant, Bryan Montoya, Cadtronics, Inc., have filed an application for Conditional Use Permit No. PL 2014-082 to operate a fitness center in an existing 16,800 square - foot unit located at 1142 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project" or "Proposed Use." 2. It is located in the Regional Commercial (C-3) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8701-027-031. 4. On March 28, 2014, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily. Bulletin newspapers. On March 26, 2014, public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and 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 and the notice was posted at three other locations within the project vicinity. 5. On April 8, 2014, 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'. 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. 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 15301(x) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: Pursuant to DBMC Section 22.10.030, Table 2-6, a fitness center is permitted in the C-3 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center and surrounding neighborhood. 2. The proposed use is consistent with the general plan and any applicable specific plan: The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed fitness center meets Strategy 1.3.3 because the proposed fitness center provides services to Diamond Barresidents. The Project site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity: The Proposed Use is located within a multi -tenant shopping center occupied by various restaurants, office, and service uses. As such, the operational characteristics are compatible with the existing uses within the shopping center and surrounding neighborhood. 2 Planning Commission Resolution No. 2014 -XX 4. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: The Project site is located within an existing commercial shopping center that currently has other uses that service the community, such as various service and retail uses. The proposed fitness center is physically suitable with the subject site because it is located within an existing building and no additional square -footage is being proposed. Additionally, the fitness center will be using existing access and parking within the shopping center. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: and Prior to the issuance of any city permits, the proposed project is required to comply with all conditions of approval within the resolution, and the Building and Safety Division. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Proposed Use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: The establishment is approved as a fitness center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2014-082 dated April 8, 2014, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a fitness center. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 1142 South Diamond Bar Boulevard, as depicted on the approved plans on file with the 3 Planning Commission Resolution No 2014 -XX Planning Division. If the proposed Use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. If, at any time, the City finds that the Proposed Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 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 the property owner, Courtney Pease, ROTC, 8905 Towne Center Dr., Suite 108, San Diego, CA 92122- and applicant, Bryan Montoya, Cadtronics, Inc., 2070 Business Center Dr., Suite 220, Irvine, CA 92612. APPROVED AND ADOPTED THIS 8T" DAY OF APRIL 2014, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Frank Farago, Chairman 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8th day of April, 2014, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: 4 Planning Commission Resolution No 2014 -XX ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Planning Commission Resolution No 2014 -XX COMMUNITY DEVELOPMENT DEPARTMENT 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 Conditional Use Permit No. PL 2014-082 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. 6 Planning Commission Resolution No 2014 -XX (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 Conditional Use Permit No. PL 2014-082 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. The business owners and 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be Subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at 7 Planning Commission Resolution No 2014 -XX 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. The approval of Conditional Use Permit No. PL 2013-380 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. 2013 California Building Code series applies) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for Cal Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current Cal Green Code. CALGreen 301.3. B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL: All exit doors shall swing out and be provided with panic hardware. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Lighting compliance forms (LTG. - 1) shall be consistent with electrical plans. 3. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 8 Planning Commission Resolution No 2014 -XX 4. The occupant load for the group activity room shall be 15 due to more intense use. 5. Number of plumbing fixtures shall be in compliance with CPC T-4-1. 6. At least one toilet compartment shall be front loading type per CBC 11 B- 213.3.1. 7. Counters, lockers, showers, and other related features shall be designed for the disabled as required per CBC Chapter 11 B. 8. The design of the accessible parking stalls shall avoid having the disabled enter vehicular areas and specifically reviewed by the architect of record if this is to occur. 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 2. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 3. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. -STS, TIiU 1. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected and approved by Building and Fire Department for compliance prior to occupancy. 2. 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. 3. 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. 9 Planning Commission Resolution No 2014 -XX 4. All exterior equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 5. The pavement work shall slope to drain to an approved location and shall comply with the NPDES & BMP requirements (sand bags, etc.). 6. 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.digale.rt.org. 7. Any changes or deviation from approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 8. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 9. A precise grade plan shall show slopes in the parking area to show drainage patterns and accessible slopes. All accessible paths shall have a cross -slope of 2% maximum. Accessible parking shall slope a maximum of 2% in all directions. 10. The permanent layout of the workout equipment shall be and maintained accessible per CBC 11 B-206.2.13. WWI 10 Planning Commission Resolution No, 2014 -XX Agenda Item 7.2 — CUP PL2014-82 Property Address: 1142 S. DB Blvd. Plans found in project f|| CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -, DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -, FAX (909) 861-3117 MEETING DATE: CASE/FILE NUMBER: ZONING DISTRICT: PROJECT LOCATION: APPLICANT: Ritw�� In, April 8, 2014 Conditional Use Permit No. PL 2014-014 General Commercial (C) Regional Commercial (C-3) 1155 S. Diamond Bar Blvd., Unit G Diamond Bar, CA 91765 (APN 8717-031-010) Diamond Bar Town Center, LLC 1155 S. Diamond Bar Blvd. Diamond Bar, CA 91765 Geoff Soumakian Fibo Kids Art Academy 2825 Tarragon Court Fullerton, CA 92835 The applicant is requesting a Conditional Use Permit to operate an art school (Fibo Kids Art Academy) in a 1,175 square. -foot space on the first floor of an existing 21,759 square -foot, two-story, multi -tenant commercial building within the Diamond Bar Town Center. A Conditional Use Permit is required for art studios (including art schools) in the C-3 zone. The existing unit is currently vacant. Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2014-014, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. Fibo Kids Art Academy is proposing to locate within Diamond Bar Town Center, located on the west side of Diamond Bar Boulevard, between Grand Avenue and Clear Creek Canyon Drive. The center consists of a 21,759 square foot, two-story multi - tenant commercial building, a 15,360 square foot anchor tenant building (Big Lots), and a 2,846 square -foot fast food restaurant (Jack in the Box), totaling 39,965 square feet. The center was constructed with 197 parking spaces. (The Firestone building facing Grand Avenue and the multi -tenant commercial building with Starbucks, Massage Envy, and Sprint, located at the northwest corner of Grand Avenue and Diamond Bar Blvd., are separate properties with dedicated parking, and have reciprocal access with the Diamond Bar Town Center). The business is currently open and has been operating on the second floor of the multi - tenant commercial building since November, 2013. Because a CUP is required before an art school may be legally established, the operators are currently in violation of the Municipal Code. The applicant has been working diligently to seek the required approvals, and understands that if this CUP request is denied, the use must cease in its current location. In addition, the applicant will be required to obtain building permits for any tenant improvements as well as complete minor accessibility improvements—such as interior signage and minor bathroom upgrades—necessary to comply with the Americans with Disability Act (ADA) and exiting requirements pertaining to the proposed tenant space on the first floor of the building. WERIM I Fibo Kids Art Academy is an art school with over eight years of experience serving students in Southern California. Fibo provides art classes, instruction, and portfolio consulting services to children and youth ranging in age from four to high school seniors. Currently, Fibo operates art schools in three locations (Anaheim Hills, Brea, and Tustin). In addition, the applicant has expressed intent to franchise nationwide in the following year. The applicant proposes to occupy a 1,175 square -foot lease area and operate an art school on the first floor of a multi -tenant commercial building, located north of the Firestone Complete Auto Care store fronting on Grand Avenue, and behind the Jack in the Box drive-thru restaurant facing Diamond Bar Blvd. The commercial building consists of retail, restaurants, professional offices, and service uses. Not to be confused with the shopping center on the northeast coiner of S. Diamond Bar Blvd. and Grand Avenue that is identified as Diamond Bar Towne Center ("Towne" with an "e"). Conditional Use Permit No. PL 2014-014 Page 2 of 7 Site Aerial: The proposed tenant space is comprised of two classrooms and will be utilized to operate four classes during after-school hours on Tuesdays through Fridays between 3:30 p.m. to 6:30 p.m., and five classes on Saturdays between 9:00 a.m. to 1:00 p.m. Classes consist of "Lill Picasso" (Pre -K to 1 st Grade), "Core" (2 d to 4t" Grade), "Masters" (6t" to 8"' Grade), "Portfolio" (9t" to 12t" Grade), and "Scholarship." Each class ranges from one to two hours with a maximum of 6 students per class, taught by a trained art instructor. There will be a maximum of 24 students and 4 staff members at any one time. The lease area will include a reception area at the front of the unit, two classrooms, and a restroom area at the rear. The proposed floor plan and hours of operation are provided below and on the following page, respectively: (D M EXIST. I al ---BRLR Rear Classroom FLOr Pull 101 FM Front Classroom 0 Reception Conditional Use Permit No. PL 2014-014 Page 3 of 7 9:00 -- 9:30 AM Closed Closed Lil' Picasso Core 9:30 ­ 10:00 10:00 — 10:30 Scholarship 10:30 — 11:00 Core 11:00 — 11:30 11:30 — 12:00 PM 12:00 — 12:30 Lil' Picasso 12:30 — 1:00 1:00 — 3:30 Closed 3:30 — 4:00 Lil' Picasso Core 4:00 — 4:30 4:30 — 5:00 Masters and Portfolio 5:00 — 5:30 Core 5:30 — 6:00 6:00 — 6:30 The following table describes the surrounding land uses located adjacent to the subject property: k' 10 g� -6.11�'ok-�-,-,-2���A'��$, g - General Retail, Restaurant, Site General Commercial (C) C-3 Office, and Personal Services � I �i� North General Commercial (C) Southern California Edson and Big Lots South General Commercial (C) C-3 General Retail, Restaurant, Office, and Personal Services East General Commercial (C) C-3 General Retail, Restauran Office, and Personal Services Test [High Density Residential (RH) RM Multi -Family Residential I Conditional Use Permit No. PL 2014-014 Page 4 of 7 ANALYMS: A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if the owners of the proposed art school were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the art school without full review and approval by the Planning Commission. Shopping centers between 20,000 and 50,000 square feet in size are required to provide one parking space for every 250 square feet of gross floor area. The parking requirements for businesses approved under a CUP (i.e., schools, tutoring, health/fitness studios, etc.) are calculated separately. Diamond Bar Town Center provides 197 off-street parking spaces. The existing gross floor area of the shopping center—excluding the proposed art school and an existing math and reading tutoring center—is 37,643 square feet, and therefore requires 151 parking spaces. The remaining 46 spaces are thus available to serve the two learning facilities. The proposed art school and existing tutoring center require one parking space for every 200 square feet of gross floor area and one parking space for each employee. Since the art school will occupy 1,175 square feet of gross floor area and maintain a maximum of 4 employees at any one time, a minimum of 10 parking spaces are required. The existing tutoring center—located on the second floor of the multi -tenant building ---occupies 1,147 square feet of gross floor area and maintains a maximum of 5 employees at any one time, and thus requires 11 parking spaces. With 197 spaces provided on site, the parking will exceed the requirement by providing a surplus of 25 spaces. conditional Use Permit No. PL 2014-014 Page 5 of 7 Shor)r)inci Center 37,643 1 1/250 square feet 1 151 Keen Child Learning 1 space per 200 sq. ft. Center 1,147 plus 1 space (Math/Reading Tutoring) employee 1 space per 200 sq. ft. Proposed Art School 1,175 plus 1 space 10 emplovee I Total 139,965 1 1. 172 1 197 1 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, retail, and specialized education uses. The varying uses result in a range of peak business hours and parking demands. The peak parking demand occurs on weekdays from 9 a.m. to 6 p.m. The proposed art school will have limited classes on weekday afternoons and four hours on Saturdays. As a result, there will be a limited demand for parking spaces during the school's operating hours. Based on the business proposal, 28 parking spaces are required to accommodate the parking for two instructors, a director, an assistant, and the arrival of 12 students and the departure of 12 students during the start and end of each class. Because class times between classrooms are staggered by thirty minutes, the overlap between trips may result in a peak demand of 24 parking spaces during the brief period of transition between outgoing and incoming students. During this transition, assuming all other businesses are experiencing peak operations (a highly unlikely scenario) the center's parking demand could reach 190 spaces. Since 197 parking spaces are available, there would still be a surplus of seven spaces under this scenario. I I M ra M.) I, =�**, The existing business is located within an existing shopping center-, surrounded by commercial uses to the north, south, and east, and multi -family residential to the west. The shopping center has a variety of uses, including restaurants, professional offices, personal services, and other retail uses. In addition, there is an existing tutoring center, which is compatible with the proposed art school by providing after-school educational and artistic opportunities for local children. Given the proposed hours of operation, the Conditional Use Permit No. PL 2014-014 Page 6 of 7 availability of parking, and the types of adjoining uses, it is reasonable to conclude that the art school will be compatible with the other uses in the center. pra�ect slite (Lookling W\,Iest from Diianiond Bar Blvd.) AWdiltiloontal] Ravilevy The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUB11-11C HEEARIING: Public hearing notices were mailed to property owners within a 700 --foot radius of the project site on March 26, 2014, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 28, 2014. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASS[ SSMENT- This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (interior alterations involving partitions and electrical conveyances) of the CEGA Guidelines. Pilo further environmental review is required. Prepared by: Reviewed by: Josue Espino Assistant Planner Grace S. Lee Senior Planner At-tachuments: 1. Draft Resolution No. 2014-1/0( and Conditions of Approval 2. Site Plan and Floor Plan conditional Use Permit No. PL 2014-014 Page 7 of 7 1='L,Ammr1HFG 11"IESOLUT�ON k -PO. 20141­-X'X A RESOLUT1OH OF THE PLAN H11G�G COMPUfflSS101A OF YHE WY OF DWI,06qD BAR, CALWORH�A, APPRWNG COVADIJT01AAL USE PERMW KOO. PL2014-014, TO OPERATE A 1,175 SQUARE -FOOT ART SCHOOL LOCATED AT 1155 S. DIIAMOND BAR BLVD., UV\�nT G, DWvWND BAR, CA (A PH -0717-031-010). A. REWALS Property owner, Diamond Bar Town Center, LLC, and applicant, Geoff Soumakian, Fibo Kids Art Academy, have filed an application for Conditional Use Permit No. PL 2014-014 to operate a 1,175 square -foot art school located within the Diamond Bar Town Center. The project site is more specifically described as 1155 S. Diamond Bar Blvd., Unit G, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project" or "Proposed Use." 2. The subject property is comprised of a 1.24 gross acre parcel. It is located in the Regional Commercial (C-3) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8717-031-010. 4. On March 28, 2014, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Vallee .Daily Bulletin newspapers. On March -26,2014, public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and 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 and the notice was posted at three other locations within the project vicinity. 5. On April 8, 2014, 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. 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. 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 15301(a) (interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58 this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10.030, Table 2-6, an art studio—as defined by DBMC Section 22.80.020 and determined to include art school—is permitted in the C-3 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed art school meets Strategy 1.3.3 because the proposed art school provides services to Diamond Bar residents. The Project site is not subject to the provisions of any specific plan. 2 Planning Commission Resolution No 2014 -XX 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use is located within a multi -tenant shopping center occupied by various retail, restaurants, professional offices, and service uses, and shares similar traits with other operators, such as an existing math and reading tutoring school. The varying uses result in a range of peak business hours and parking demands. As such, the operational characteristics and parking demands are compatible with the existing uses within the shopping center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the shopping center. 4. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Project site is located within an existing commercial shopping center that currently has similar uses, such as a private math and reading tutoring school. The Proposed Use is physically suitable with the subject site because it will be located in an existing building and no additional square footage is being proposed. In addition, the proposed use is intended to operate within an existing shopping center and will be using existing access and parking in the shopping center. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 3 Planning Commission Resolution No. 2014 -XX Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2014-014 subject to the following conditions: 1. The establishment is approved as an art school as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2014-014 dated April 8, 2014, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to an art school. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 1155 S. Diamond Bar Blvd., Unit G, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. If, at any time, the City finds that the proposed Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 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 the property owner, Diamond Bar Town Center, LLC, 1155 S. Diamond Bar Blvd., Diamond Bar, CA 91765; and applicant, Geoff Sournakian, Fibo Kids Art Academy, 2825 Tarragon Court, Fullerton, CA 92835. 4 Planning Commission Resolution No 2014 -XX APPROVED AND ADOPTED THIS 81-H DAY OF APRIL 2014, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Frank Farago, Chairman 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 8th day of April, 2014, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No 2014 -XX COMMUWY DEVELOPMEN" DEPARTMENT I SUBJECT: To allovv an art schoolin a I VKMot s 7f on -the first floor of Diamond Bar Town Center APPLICANT: Geoff Solumakian, Fibo Kids Art Academy, 2825 o17 Court, Fullerton, CA -c. 2v,., 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 Conditional Use Permit No. PL 2014-014 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. 6 Planning Commission Resolution No 2014 -XX (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 Conditional Use Permit No. PL 2014-014 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. The business owners and 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Cohditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2014 -XX & 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. Co T11ME LIMITS 1. The approval of Conditional Use Permit No. PL2014-014 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. [g.31 - �v - I I I 1Z a TN i Z I M1*1 LN AX(eftyl I I B L(e3K(9Pi(ol I a ICITIOO, S: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. 2013 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL: 1. "Separate permit shall be required for all wall signs" and shall be noted on plans. 2. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. The occupant load factor shall be 20 per CBC T-1004.1.2. 3. Justification of the number of occupants within the facility shall be provided in conformance with CPC T -4-A, CPC T-4-1, and 412.3. The number of plumbing fixtures shall be justified on plans. 8 Planning Commission Resolution No 2014 -XX 4. The detail 5/A204 shall be updated for accessibility requirements for the toilet room elevation dimensions including 7" to 9" from the toilet edge to the toilet paper dispenser. 5. Cross -slope in the path of travel shall be updated to be notated at maximum 2% or the site shall be modified to be consistent during construction. C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE: 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 2. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 3. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. pi;�!11 1111Q1111 1 q l� RM UJI RNOTDOWL 11, .2.1, 1. Fire sprinkler locations shall be approved by LA County Fire Department. Sprinklers shall be approved by LA County Fire Department prior to and framing stage and finalization of construction. 2. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been r -net. The buildings shall be inspected for compliance prior to occupancy. 3. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 4. 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. 9 Planning Commission Resolution No 2014 -XX 5. 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. 6. Any changes or deviation from approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 7. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 8. The accessible parking stalls shall be upgraded with an 8' wide striped loading zone, restriped, and truncated domes installed on the curb ramp. 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