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HomeMy WebLinkAboutPC 2007-47PLANNING COMMISSION RESOLUTION NO. 2007-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-12, A REQUEST TO ESTABLISH A SCHOOL -CONNECTION AT 3211 BREA CANYON ROAD, UNIT A (APN: 8285-028-035), DIAMOND (BAR, CA. A. RECITALS Applicant, School -Connection, has filed an application for Conditional Use Permit No. 2007-12, for property located at 3211 Brea Canyon Road, Unit A, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt according to Section 15301 (a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the 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; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is within an existing commercial center located at the North-West Corner of Brea Canyon Road and Diamond Bar Boulevard. The proposed use will occupy a leased space of 4,293 square feet at 3211 Brea Canyon Road, Unit A. The center is approximately 2.54 acres with approximately 24,763 square feet of structure, which accommodates multiple schools, studios, a day care, and multiple retail shops; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Unlimited Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Freeway SR 57; South: General Commercial (C-2) zone; East: Freeway SR 57; West: General Commercial (C-1) zone; (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a school that facilitates student's educational needs. The proposed school will be identified as School - Connection. The proposed use will occupy a vacant unit of approximately 4,293 square feet, in the former location of Diamond Bar Chinese Association. The unit will consist of a reception area, eight classrooms, two restrooms, a storage area, a copy room, and an office. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; 2 Planning Commission Resolution No. 2007-47 The proposed School -Connection is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed School -Connection is considered a school use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 2.54 acres and developed with an existing shopping center of approximately 24,763 square feet of structure with landscaping and approximately 145 parking spaces. The School will occupy an existing vacant unit of approximately 4,293 square feet located at 3211 Brea Canyon Road, Unit A. The proposed use will not cause the addition of square footage to the site; nor will the proposed use change physically in any way. According to the Development Code Section 22.30.030, Table 3-10, 31 parking spaces is required for the proposed School. Based on a parking calculation of existing occupied uses and vacant spaces, the total number of parking spaces requires for the entire commercial center is 143 and the site has 145. Staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) 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; School -Connection, as referenced above in Items (t) and (h), meets the required development standards for C2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the commercial center is an existing and the 3 Planning Commission Resolution No. 2007-47 proposed use does not require access modification. As a result, 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 (j) 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; As referenced above in Items (f) through (j), School -Connection as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); In accordance to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A," as submitted, amended herein and approved by the Planning Commission. (b) Hours of operation and operating characteristics shall be as follows: Days of Opera tion through Friday Hours of Opethrough Friday: ours from 9:00 a.m. to 7:00 p.m. 3:30 p.m. to 6:30 p.m. 4 Planning Commission Resolution No. 2007-47 Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval. (c) This Conditional Use Permit shall be valid only for 3211 Brea Canyon Road, Unit A. If School -Connection moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. (d) Note on plans "separate permit is required for all wall and monument signs. 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: School -Connection, 20781-5 Amar Road, Walnut, CA 91789 AP!'RO\!`=D AND ADOPTED THIS 11th OF SEPTEMBER 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Ok,�Af_ A� BY: _ Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of September 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: 5 Conditional Use Permit No. 2007-12 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2007-12 SUBJECT: Tutoring and School in a vacant unit to occupy 4,293 square feet. PROPERTY OWNER: Arnon Raphael APPLICANT: School -Connection LOCATION: 3211 Brea Canyon Road, Unit A ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Conditional Use Permit No. 2007-12 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: 6 Planning Commission Resolution No. 2007-47 (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 descendents. 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. 2007-12, at the City of Diamond Bar Community and Development Services 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007-47, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. 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. 2007-47 B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), 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 come first. Priorto any plan check, all deposit accounts for the processing of this project shall have no deficits. C. 'TIME LIMITS The approval of Conditional Use Permit No. 2007-12 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 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. 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., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. This project shall comply with all Accessibility Code requirements including 8 Planning commission Resolution No. 2007-47 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. 5. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 6. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 7. 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 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 9. Specify location of tempered glass as required by code. END 9 Planning Commission Resolution No. 2007-47 PLANNING COMMISSION RESOLUTION NO. 2007-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-12, A REQUEST TO ESTABLISH A SCHOOL -CONNECTION AT :3211 BREA CANYON ROAD, UNIT A (APN: 8285-028-035), DIAMOND BAR, CA. A. RECITALS 1. Applicant, School -Connection, has filed an application for Conditional Use Permit No. 2007-12, for property located at 3211 Brea Canyon Road, Unit A, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt according to Section 15301 (a) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the 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; 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is within an existing commercial center located at the North-West Corner of Brea Canyon Road and Diamond Bar Boulevard. The proposed use will occupy a leased space of 4,293 square feet at 3211 Brea Canyon Road, Unit A. The center is approximately 2.54 acres with approximately 24,763 square feet of structure, which accommodates multiple schools, studios, a day care, and multiple retail shops; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Unlimited Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Freeway SR 57; South: General Commercial (C-2) zone; East: Freeway SR 57; West: General Commercial (C-1) zone; (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a school that facilitates student's educational needs. The proposed school will be identified as School - Connection. The proposed use will occupy a vacant unit of approximately 4,293 square feet, in the former location of Diamond Bar Chinese Association. The unit will consist of a reception area, eight classrooms, two restrooms, a storage area, a copy room, and an office. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; 2 Planning Commission Resolution No. 2007-47 The proposed School -Connection is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (9) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed School -Connection is considered a school use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 2.54 acres and developed with an existing shopping center of approximately 24, 763 square feet of structure with landscaping and approximately 145 parking spaces. The School will occupy an existing vacant unit of approximately 4,293 square feet located at 3211 Brea Canyon Road, Unit A. The proposed use will not cause the addition of square footage to the site; nor will the proposed use change physically in any way. According to the Development Code Section 22.30.030, Table 3-10, 31 parking spaces is required for the proposed School. Based on a parking calculation of existing occupied uses and vacant spaces, the total number of parking spaces requires for the entire commercial center is 143 and the site has 145. Staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 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; School -Connection, as referenced above in Items (0 and (h), meets the required development standards for C2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the commercial center is an existing and the 3 Planning Commission Resolution No. 2007-47 proposed use does not require access modification. As a result, 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 U) 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; As referenced above in Items (f) through (j), School -Connection as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); In accordance to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit 'A," as submitted, amended herein and approved by the Planning Commission. (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Friday Hours of Operation Monday through Friday: Office Hours from 9:00 a.m. to 7:00 p.m. Classes from 3:30 p.m. to 6:30 p.m. 4 Planning Commission Resolution No. 2007-47 Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval. (c) This Conditional Use Permit shall be valid only for 3211 Brea Canyon Road, Unit A. If School -Connection moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. (d) Note on plans "separate permit is required for all wall and monument signs. 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: School -Connection, 20781-5 Amar Road, Walnut, CA 91789 APPRO\!'=D AND ADOPTED THIS 11th OF SEPTEMBER 2007. BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of September 2007, by the following vote: AYES: Commissioners: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: 5 Conditional Use Permit No. 2007-12 111 F00 1001 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2007-12 SUBJECT: Tutoring and School in a vacant unit to occupy 4,293 square feet. PROPERTY OWNER: Arnon Raphael APPLICANT: School -Connection LOCATION: 3211 Brea Canyon Road, Unit A ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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 Conditional Use Permit No. 2007-12 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: 6 Planning Commission Resolution No. 2007-47 (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 descendents. 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. 2007-12, at the City of Diamond Bar Community and Development Services 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 Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2007-47, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable 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. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. 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. 2007-47 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), 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 come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. 2007-12 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. This project shall comply with all Accessibility Code requirements including 8 Planning Commission Resolution No. 2007-47 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. 5. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 6. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 7. 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 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 9. Specify location of tempered glass as required by code. END 9 Planning Commission Resolution No. 2007-47