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HomeMy WebLinkAboutPC 2010-10PLANNING COMMISSION RESOLUTION NO. 2010-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2010-89, A REQUEST TO OPERATE A MUSIC AND ART SCHOOL LOCATED AT 2751 S. DIAMOND BAR BOULEVARD, SUITE A (ASSESORS PARCEL NO. 8285-020-032 THROUGH 8285- 020-056). A. RECITALS 1. Property owner, Country Hills Holdings, LLC and applicant, James Kim, have filed an application for Conditional Use Permit No. PL 2010-89 to operate a music and art school located at 2751 S. Diamond Bar Boulevard, Suite A, 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 8285-020-032 through 8285-020-056. 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 April 30, 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 May 11, 2010, 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) 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, a specialized education and training school is permitted in the C-2 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. 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, office, and service uses. The proposed music school may bring a synergy and diversity of use and customers to the shopping center to create a more thriving, vibrant center. By having the proposed music school, the students attending the music school, and parents dropping off/picking up the students will be exposed to, and shop at, the stores and restaurants in the center As such, the 2 Planning Commission Resolution No. 2010-10 operational characteristics are compatible with the existing and future land uses in the vicinity. 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. A supplemental traffic and parking assessment stated that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. In addition, a condition of approval is added requiring the applicant to provide parking management services to ease traffic flow and congestion, or to submit a plan to address the issues subject to staff review should there be traffic or parking problems once the music school is in operation. 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(x) (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: The establishment is approved as a music and art school as described in the application on file with the Planning Division, the Planning Commission 3 Planning Commission Resolution No. 2010-10 staff report for Conditional Use Permit PL2010-89 dated May 11, 2010, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a music and 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 pepartment. 3. This Conditional Use Permit shall be valid only for 2751 S. Diamond Bar Boulevard, Suite A, 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. The hours of operation shall be limited to 2:30 p.m. to 8:00 p.m. Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. 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 CUP, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 6. in the sole judgment of the City, once the music school is in operation and should traffic and/or parking problems arise, the applicant shall provide parking management services to ease traffic flow and congestion, or submit a plan to address the issues subject to staff review_ 7. The music school shall have no more than 65 students for classes at any one time. 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 James Kim, Orchepia School of Music, 21700 Copley Drive, Suite 290, Diamond Bar, CA 91765. 4 Planning Commission Resolution No, 2010-10 APPROVED AND ADOPTED THIS 11TH DAY OF MAY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ny Torng, Chair 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 11 to day of May 2010, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: 11 26im Greg man—,Secretary 5 Conditional Use Permit No. PL 2010-89 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2010-89 SUBJECT: Music and Art School APPLICANT: James Kim (Orchepia School of Music, Inc.) LOCATION: 2751 S. Diamond Bar Blvd. Suite A, 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 2010-89 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 2010-10 approval of this Conditional Use Permit No. PL 2010-89 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. 7 Planning Commission Resolution No. 2010-10 2. Prior to 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 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 Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. The plans submitted must reflect the proposed construction and be wet ink signed by the design professional under whose supervision the documents were prepared. 7. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, 8 Planning Commission Resolution No 2010-10 etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 8. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 9. Specify location of tempered glass as required by code. 10. Verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 11. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 12. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. END 9 Planning Commission Resolution No. 2010-10 PLANNING COMMISSION RESOLUTION NO. 2010-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO, PL 2010-89, A REQUEST TO OPERATE A MUSIC AND ART SCHOOL LOCATED AT 2751 S. DIAMOND BAR BOULEVARD, SUITE A (ASSESORS PARCEL NO. 8285-020-032 THROUGH 8285- 020-056). A. RECITALS 1. Property owner, Country Hills Holdings, LLC and applicant, James Kim, have filed an application for Conditional Use Permit No. PL 2010-89 to operate a music and art school located at 2751 S. Diamond Bar Boulevard, Suite A, 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 8285-020-032 through 8285-020-056. 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 April 30, 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 May 11, 2010, 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, a specialized education and training school is permitted in the C-2 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. 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, office, and service uses. The proposed music school may bring a synergy and diversity of use and customers to the shopping center to create a more thriving, vibrant center. By having the proposed music school, the students attending the music school, and parents dropping off/picking up the students will be exposed to, and shop at, the stores and restaurants in the center. As such, the 2 Planning Commission Resolution No. 2010-10 operational characteristics are compatible with the existing and future land uses in the vicinity. 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. A supplemental traffic and parking assessment stated that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. In addition, a condition of approval is added requiring the applicant to provide parking management services to ease traffic flow and congestion, or to submit a plan to address the issues subject to staff review should there be traffic or parking problems once the music school is in operation. 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 music and art school as described in the application on file with the Planning Division, the Planning Commission 3 Planning Commission Resolution No. 2010-10 staff report for Conditional Use Permit PL2010-89 dated May 11, 2010, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a music and 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 2751 S. Diamond Bar Boulevard, Suite A, 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. The hours of operation shall be limited to 2:30 p.m. to 8:00 p.m. Monday through Friday, and 9:00 a.m. to 4:00 p.m. on Saturdays. 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 CUP, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 6. In the sole judgment of the City, once the music school is in operation and should traffic and/or parking problems arise, the applicant shall provide parking management services to ease traffic flow and congestion, or submit a plan to address the issues subject to staff review. 7 The music school shall have no more than 65 students for classes at any one time. 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 James Kim, Orchepia School of Music, 21700 Copley Drive, Suite 290, Diamond Bar, CA 91765. 4 Planning Commission Resolution No, 2010-10 APPROVED AND ADOPTED THIS 11TH DAY OF MAY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ny Torng, Ch 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 11th day of May 2010, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gubman, Secretary 5 Conditional Use Permit No. PI. 2010-89 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2010-89 SUBJECT: Music and Art School APPLICANT: James Kim (Orchepia School of Music, Inc.) LOCATION: 2751 S. Diamond Bar Blvd. Suite A, 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 2010-89 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 2010-10 approval of this Conditional Use Permit No. PL 2010-89 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. 7 Planning Commission Resolution No, 2010-10 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 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 Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. The plans submitted must reflect the proposed construction and be wet ink signed by the design professional under whose supervision the documents were prepared. 7 This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, 8 Planning Commission Resolution No 2010-10 etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 8. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 9. Specify location of tempered glass as required by code. 10. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 11. In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 12. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. END 9 Planning Commission Resolution No. 2010-10