HomeMy WebLinkAboutPC 2010-05PLANNING COMMISSION
RESOLUTION NO. 2010-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL 2009-94, A REQUEST TO ESTABLISH A FOOT MASSAGE
ESTABLISHMENT AT 21343 COLD SPRING LANE (ASSESORS PARCEL
NO. 8285-020-031 THROUGH 8285-020-051).
A. RECITALS
Property owner, Country Hills Holdings, LLC and applicant, Sakura Foot Spa,
have filed an application for Conditional Use Permit No. PL 2009-94 to allow a
massage establishment that specializes in foot massage therapy located at
21343 Cold Spring Lane, Diamond Bar, Los Angeles County, California
("Project Site"). Hereinafter in this Resolution, the subject Conditional Use
Permit shall be referred to as the "Proposed Use."
2. The subject property is comprised of 20 parcels totaling 17.2 acres. It is located
in the community commercial (C-2) zone and is consistent with the general
commercial land use category of the general plan.
3. The legal description of the subject property is Parcel Map 247-28-31. The
Assessor's Parcel Numbers are 8285-020-031 through 8285-020-051.
4. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
February 26, 2010. Public hearing notices were mailed to property owners
within a 500 -foot radius of the Project site and public notices were posted at the
City's designated community posting sites. In addition to the published and
mailed notices, the project site was posted with a display board.
5. On March 9, 2009, 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:
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 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 interior partitions and electrical conveyances) of the CEQA Guidelines.
Therefore no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds 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 Diamond Bar Municipal Code (DBMC) Section 22.10.030,
Table 2-6, massage therapy is permitted in the C-2 zoning district with
approval of a conditional use permit. In addition, the proposed project
complies with DBMC 5.08.070, Operating Requirements for Specific
Business Regulated, and other applicable provisions of the Development
Code and Municipal Code. 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.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood
serving retail and service commercial uses". The subject property is not
located within a specific plan area.
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 commercial shopping
center occupied by various retail, restaurants, and service uses. As
such, the operational characteristics are compatible with the existing and
future land uses in the vicinity.
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Planning Commission Resolution No. 2010-05
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 building that is
developed for the use of retail and office type uses. The proposed use
provides a service that is compatible with the other uses that operate
within the subject property. The proposed business's location within a
commercial shopping center further reduces compatibility problems
because it insulates the use within the 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 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 project 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 interior partitions and
electrical conveyances) of the CEQA Guidelines.
CONDITIONS OF APPROVAL
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 massage therapy business specializing in
foot massage as described in the application on file with the Planning Division,
the Planning Commission staff report for Conditional Use Permit PL 2009-94
dated March 9, 2010, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the "Use". The Use shall be limited to foot massage as
the primary service with upper body massage as an accompaniment to the foot
massage service.
2. The Use shall comply with all requirements of Section 5.08.070 of the Diamond
Bar Municipal Code as applicable.
3. 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.
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Planning Commission Resolution No 2010-05
4. An application for a massage technician license shall be submitted with all
required documentation as outlined in Section 5.08.070 of the DBMC. Before a
license is granted and at such time the Director deems appropriate, the
technician shall be subject to a background investigation to verify that he or she
has not been convicted of any crime related to the provision of massage
services. Alternatively, registration with the, California Massage Therapy
Council (CAMTC), as prescribed under SB 731, shall fulfill the background
investigation requirements.
5. This Conditional Use Permit shall be valid only for 21343 Cold Spring Lane, 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.
6. The hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., seven
(7) days a week.
7. No changes to the approved scope of services comprising the Use shall be
permitted unless the applicant first applies for an amendment to this CUP, pays
all application processing fees and receives approval from the Planning
Commission and/or City Council, unless expressly exempt from these
requirements pursuant to California Senate Bill 731.
8. There shall be no more than nine (9) foot massage chairs within the open area
as depicted on the approved floor plan. Any proposed changes to the floor plan
shall require Planning Division review and approval, unless expressly exempt
from these requirements pursuant to California Senate Bill 731.
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:
Country Hills Holdings, LLC, 8115 Preston Road #400, Dallas, TX
75225; and Michael A. Navas, Sakura Foot Spa, 1594 Deer Crossing
Drive, Diamond Bar, CA 91765.
4
Planning Commission Resolution No. 2010-05
APPROVED AND ADOPTED THIS 9TH DAY OF MARCH 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
ny Torng, Cha' n
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th day of
March 2010, by the following vote:
AYES:
Commissioners:
Lee, Nelson, Shah, V/C Nolan, Chair/Torng
NOES:
Commissioners:
None
ABSTAIN:
Commissioners:
None
ABSENT: Commissioners: None
&;�WATTEST: '
Greg Gubman, Secretary
5
Planning Commission Resolution No 2010-05
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2009-94
SUBJECT: Massage establishment specializing in foot massage
therapy
APPLICANT: Michael A. Navas
LOCATION: 21343 Cold Spring Lane, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents and
employees, from any claim, action, or proceeding to attack, set-aside, void or
annul the approval of Conditional Use Permit No. PL 2009-94 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
attornevs fees. incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
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Planning Commission Resolution No. 2010-05
approval of this Conditional Use Permit No. PL 2009-94 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.
B. FEES/DEPOSITS
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.
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Planning Commission Resolution No 2010-05
C. TIME LIMITS
The approval of Conditional Use Permit shall expire within two (2) 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check submittal.
2. Application for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the Building
Department.
3. Every permit issued by the Building Department shall expire if the building or
work authorized by such permit is not commenced within 180 days from the
date of such permit.
4. Construction activities causing the operation of any tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall be conducted
Monday -Saturday between the hours of 7:00 a.m. and 7:00 p.m.
5. The plans submitted must reflect the proposed construction and be wet ink
signed by the design professional under whose supervision the documents
were prepared.
6. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains, etc.
Provide compliance with van accessible parking, path of travel, etc. Reception
counter shall comply with the title 24 accessibility requirements.
7. This project shall comply with the energy conservation requirements of the
State of California Energy Commission.
8. Verify adequate exit requirements. The distance between required exits shall
be Y2 of the building diagonal.
8
Planning Commission Resolution No. 2010-05
9. Please submit a total of 3 full set of plans for review to the Building and Safety
Division after the plans have been approved by the Planning
DivisionlCommission.
END
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Planning Commission Resolution No 2010-05
PLANNING COMMISSION RESOLUTION NO. 2010-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL 2009-94, A REQUEST TO ESTABLISH A FOOT MASSAGE ESTABLISHMENT AT 21343 COLD SPRING LANE
(ASSESORS PARCEL NO. 8285-020-031 THROUGH 8285-020-051).
A. RECITALS
1. Property owner, Country Hills Holdings, LLC and applicant, Sakura Foot Spa, have filed an application for Conditional Use
Permit No. PL 2009-94 to allow a massage establishment that specializes in foot massage therapy located at 21343 Cold Spring
Lane, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use
Permit shall be referred to as the "Proposed Use."
2. The subject property is comprised of 20 parcels totaling 17.2 acres. It is located in the community commercial (C-2) zone
and is consistent with the general commercial land use category of the general plan.
3. The legal description of the subject property is Parcel Map 247-28-31. The Assessor's Parcel Numbers are 8285-020-031
through 8285-020-051.
4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley
Daily Bulletin newspapers on February 26, 2010. Public hearing notices were mailed to property owners within a 500 -foot radius of
the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and
mailed notices, the project site was posted with a display board.
5. On March 9, 2009, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited
testimony from all interested individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:
1. 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 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 interior
partitions and electrical conveyances) of the CEQA Guidelines. Therefore no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58,
this Planning Commission hereby finds 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 Diamond Bar Municipal Code (DBMC) Section 22.10.030, Table 2-6, massage therapy is permitted in the C-2 zoning
district with approval of a conditional use permit. In addition, the proposed project complies with DBMC 5.08.070, Operating
Requirements for Specific Business Regulated, and other applicable provisions of the Development Code and Municipal Code.
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.
2. The proposed use is consistent with the general plan and any applicable specific plan;
The proposed use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage
neighborhood serving retail and service commercial uses". The subject property is not located within a specific plan area.
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 commercial shopping center occupied by various retail, restaurants, and service
uses. As such, the operational characteristics are compatible with the existing and future land uses in the vicinity.
2
Planning Commission Resolution No. 2010-05
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 building that is developed for the use of retail and office type uses. The
proposed use provides a service that is compatible with the other uses that operate within the subject property. The proposed
business's location within a commercial shopping center further reduces compatibility problems because it insulates the use within
the 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
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 project 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 interior partitions and electrical conveyances) of the CEQA
Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this application subject to the
following conditions:
1. The establishment is approved as a massage therapy business specializing in foot massage as described in the application
on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2009-94 dated March 9, 2010,
and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to foot
massage as the primary service with upper body massage as an accompaniment to the foot massage service.
2. The Use shall comply with all requirements of Section 5.08.070 of the Diamond Bar Municipal Code as applicable.
3. 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
Planning Commission Resolution No 2010-05
4. An application for a massage technician license shall be submitted with all required documentation as outlined in Section
5.08.070 of the DBMC. Before a license is granted and at such time the Director deems appropriate, the technician shall be subject
to a background investigation to verify that he or she has not been convicted of any crime related to the provision of massage
services. Alternatively, registration with the. California Massage Therapy Council (CAMTC), as prescribed under SB 731, shall fulfill
the background investigation requirements.
5. This Conditional Use Permit shall be valid only for 21343 Cold Spring Lane, 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.
6. The hours of operation shall be limited to 10:00 a.m. to 10:00 p.m., seven (7) days a week.
7 No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for an
amendment to this CUP, pays all application processing fees and receives approval from the Planning Commission and/or City
Council, unless expressly exempt from these requirements pursuant to California Senate Bill 731.
8. There shall be no more than nine (9) foot massage chairs within the open area as depicted on the approved floor plan. Any
proposed changes to the floor plan shall require Planning Division review and approval, unless expressly exempt from these
requirements pursuant to California Senate Bill 731.
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: Country Hills Holdings, LLC, 8115 Preston Road
#400, Dallas, TX 75225; and Michael A. Navas, Sakura Foot Spa, 1594 Deer Crossing Drive, Diamond Bar, CA 91765.
4
Planning Commission Resolution No. 2010-05
APPROVED AND ADOPTED THIS 9111 DAY OF MARCH 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
fly Torng, Cha
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and
adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 9th
day of March 2010, by the following vote:
AYES: Commissioners: Lee, Nelson, Shah, V/C Nolan, Chair/Torng
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: None
ATTEST:
Greg Gubman, Secretary
5
Planning Commission Resolution No 2010-05
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2009-94
SUBJECT: Massage establishment specializing in foot massage therapy
APPLICANT: Michael A. Navas
LOCATION: 21343 Cold Spring Lane, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL REQUIREMENTS
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. PL 2009-94 brought within the time period provided by Government Code Section 66499.37. In the
event the city and/or its officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense,
including reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the
applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have
filed, within twenty-one (21) days of
6
Planning Commission Resolution No. 2010-05
approval of this Conditional Use Permit No. PL 2009-94 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.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public
Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required
shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review
and processing fees prior to issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits.
7
Planning Commission Resolution No 2010-05
C. TIME LIMITS
1. The approval of Conditional Use Permit shall expire within two (2) 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.
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., 2007 California Building Code, California Plumbing Code,
California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and
regulations in effect at the time of plan check submittal.
2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and
plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit.
4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or
demolition work shall be conducted Monday -Saturday between the hours of 7:00 a.m. and 7:00 p.m.
5. The plans submitted must reflect the proposed construction and be wet ink signed by the design professional under
whose supervision the documents were prepared.
6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators,
restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall
comply with the title 24 accessibility requirements.
7 This project shall comply with the energy conservation requirements of the State of California Energy Commission.
8. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal.
8
Planning Commission Resolution No. 2010-05
9. Please submit a total of 3 full set of plans for review to the Building and Safety Division after the plans have been approved by
the Planning Division/Commission.
END
9
Planning Commission Resdution No 2010-05