HomeMy WebLinkAboutPC 2010-26PLANNING COMMISSION
RESOLUTION NO. 2010-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT
NO. PL 2010-202, A REQUEST TO ESTABLISH A 1,895 SQUARE -FOOT
FOOT AND BODY MASSAGE ESTABLISHMENT AT 23499 GOLDEN
SPRINGS DRIVE (ASSESSORS PARCEL NO. 8717-008-185)
A. RECITALS
Property owner, H -B Diamond Bar, LLC and applicant, Hongwei Zhang, have
filed an application for Conditional Use Permit No. PL 2010-202 to allow a
1,895 square -foot foot and body massage establishment located at
23499 Golden Springs Drive, 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 located in the Community Commercial (C-2) zone
and is consistent with the General Commercial (C) land use category of the
General Plan.
3. The legal description of the subject property is Parcel Map 61-76, Portion of
Lot 1 and the Assessor's Parcel Number is 8717-008-185.
4. On September 17, 2010, public hearing notices were mailed to property
owners within a 500 -foot radius of the Project Site. Notification of the public
hearing for the Proposed Use was published in the San Gabriel Valley
Tribune and Inland Valley Daily Bulletin newspapers. Also, the Project Site
was posted with a display board and the public notice was posted in three
public places.
5. On September 28, 2010, the Planning Commission continued the item to the
October 12, 2010, hearing date.
6. On October 12, 2010, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing, solicited testimony
from all interested individuals, and conducted 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(x) (Interior or
exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances) of the CEQA Guidelines. No further environmental
review is required.
C. FINDINGS OF FACT
Based upon the findings and conclusion 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 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, massage therapy is permitted in the C-2 zoning district with
approval of a conditional use permit. Additionally, the proposed project
complies with DBMC Section 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 foot and body massage is located within a multi -tenant
commercial center occupied by various retail stores, real estate offices,
restaurants, a day care, dance studio, chiropractor, and other service uses.
As such, the operational characteristics of a massage establishment are
compatible with the existing and future land uses in the vicinity.
2
Planning Commission Resolution No. 2010-26
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 was
developed for the use of retail, offices, and other service uses. The
proposed foot and body massage establishment provides a service that is
compatible with the other uses that operate within the subject property. The
proposed location within a 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.
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 project has been reviewed for compliance with the California
Environmental Quality Act (CEQA). Based on that assessment, the City has
determined the project to be Categorically Exempt from the provisions of
CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior or
exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances) of the CEQA guidelines. No further environmental
review is required.
D. CONDITIONS OF APPROVAL
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:
The establishment is approved as a massage therapy business
specializing in foot and body massage as described in the application
on file with the Planning Division, the Planning Commission staff
report for Conditional Use Permit No. PL 2010-202 dated
September 28, 2010, and the Planning Commission minutes
pertaining thereto, hereafter referred to as the "Use". The Use shall
be limited to the provision of foot and body massage.
2. The Use shall comply with all requirements of Section 5.08.070 of the
Diamond Bar Municipal Code as applicable.
3
Planning Commission Resolution No. 2010-26
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.
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.
This Conditional Use -Permit shall be valid only for 23499 Golden
Springs Drive. 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 8:00 a.m. to 10:00 p.m.,
seven (7) days a week. Any changes to these hours of operation
shall be subject to staff review and require an amendment to the
approved Conditional Use Permit.
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 Conditional Use Permit, pays all application processing fees
and received 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 massage technicians and one
receptionist at any one time.
9. There shall be no more than sixteen (16) massage chairs within the
open area, four (4) massage chairs within the semi -private room, a
waiting room, reception area, and five (5) body massage rooms 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.
10. Management of the establishment shall be CAMTC certified prior to
the issuance of Certificate of Occupancy.
4
Planning commission Resolution No. 2010-26
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: Hongwei Zhang, 9122 Ardendale Ave San Gabriel, CA 91775 and
H -B Diamond Bar, LLC, 10877 Wilshire Blvd, Suite 1105 Los Angeles,
CA 90024.
APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY: ✓'
y Torng, C air an
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 12th
day of October 2010, by the following vote:
AYES: Commissioners: Lee, Nelson, VC/Nolan, Chair/Torng
NOES: Commissioners: None
ABSTAIN: Commissioners: None
ABSENT: Commissioners: shah
ATTEST:
Greg Gubman, AICP, Secretary
Community Development Director
5
Conditional Use Permit No. PL 2010-202
COMMUNITY DEVELOPMENT
DEPARTMENT
q q
AIL
1 11 1111111 11'' 111 u-0
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2010-202
SUBJECT: Massage establishment specializing in foot and body
massage therapy
APPLICANT: Hongwei Zhanq
LOCATION: 23499 Golden Springs Drive, 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 2010-202
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.
6
Planning Commission Resolution No. 2010-26
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL 2010-202 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 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, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever come first), as required by the City. School fees as
required shall be paid priorto 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.
7
Planning Commission Resolution No. 2010-26
C. TIME LIMITS
The approval of Conditional Use Permit shall expire within two years from the
date of approval if the use has not been exercised as defined per Diamond
Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). The applicant may
request in writing a one year time extension subject to DBMC
Section 22.60.050(c) for Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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,
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 2008 energy conservation requirements of
the State of California Energy Commission.
8
Planning Commission Resolution No. 2010-26
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. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
12. 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.
END
Planning Commission Resolution No. 2010-26
PLANNING COMMISSION RESOLUTION NO. 2010-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. PL
2010-202, A REQUEST TO ESTABLISH A 1,895 SQUARE -FOOT FOOT AND BODY MASSAGE ESTABLISHMENT AT 23499 GOLDEN
SPRINGS DRIVE (ASSESSORS PARCEL NO. 8717-008-185)
A. RECITALS
1. Property owner, H -B Diamond Bar, LLC and applicant, Hongwei Zhang, have filed an application for Conditional Use
Permit No. PL 2010-202 to allow a 1,895 square -foot foot and body massage establishment located at 23499 Golden Springs Drive,
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 located in the Community Commercial (C-2) zone and is consistent with the General Commercial
(C) land use category of the General Plan.
3. The legal description of the subject property is Parcel Map 61-76, Portion of Lot 1 and the Assessor's Parcel Number is
8717-008-185.
4. On September 17, 2010, public hearing notices were mailed to property owners within a 500 -foot radius of the Project
Site. Notification of the public hearing for the Proposed Use was published in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers. Also, the Project Site was posted with a display board and the public notice was posted in three public places.
5. On September 28, 2010, the Planning Commission continued the item to the October 12, 2010, hearing date.
6. On October 12, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public
hearing, solicited testimony from all interested individuals, and conducted 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 or exterior alterations involving
such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is
required.
C. FINDINGS OF FACT
Based upon the findings and conclusion 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 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. Additionally, the proposed project complies with DBMC Section 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 foot and body massage is located within a multi -tenant commercial center occupied by various retail stores, real
estate offices, restaurants, a day care, dance studio, chiropractor, and other service uses. As such, the operational characteristics of
a massage establishment are compatible with the existing and future land uses in the vicinity.
2
Planning Commission Resolution No. 2010-26
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 was developed for the use of retail, offices, and other service
uses. The proposed foot and body massage establishment provides a service that is compatible with the other uses that operate
within the subject property. The proposed location within a 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.
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 project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the
City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19
Section 15301(a) (Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances)
of the CEQA guidelines. No further environmental review is required.
D. CONDITIONS OF APPROVAL
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:
1. The establishment is approved as a massage therapy business specializing in foot and body massage as described in the
application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL 2010-202
dated September 28, 2010, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use
shall be limited to the provision of foot and body massage.
2. The Use shall comply with all requirements of Section 5.08.070 of the Diamond Bar Municipal Code as applicable.
3
Planning Commission Resolution No. 2010-26
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.
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 23499 Golden Springs Drive. 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 8:00 a.m. to 10:00 p.m., seven (7) days a week. Any changes to these hours of
operation shall be subject to staff review and require an amendment to the approved Conditional Use Permit.
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 Conditional Use Permit, pays all application processing fees and received 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 massage technicians and one receptionist at any one time.
9. There shall be no more than sixteen (16) massage chairs within the open area, four (4) massage chairs within the semi-
private room, a waiting room, reception area, and five (5) body massage rooms 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.
10. Management of the establishment shall be CAMTC certified prior to the issuance of Certificate of Occupancy.
4
Planning Commission Resolution No. 2010-26
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: Hongwei Zhang, 9122 Ardendale Ave San Gabriel, CA 91775 and
H -B Diamond Bar, LLC, 10877 Wilshire Blvd, Suite 1105 Los Angeles,
CA 90024.
APPROVED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
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 12th
day of October 2010, by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
Commissioners: Commissioners:
Commissioners:
Lee, Nelson, VC/Nolan, Chair/Torng
None
Commissioners: None
Shah
ATTEST:
Greg Gubman, AICP, Secretary Community Development Director
5
Conditional Use Permit No. PL 2010-202
IA11171/kll/1/9..
1111111•
•COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2010-202
SUBJECT: Massage establishment specializing in foot and body massage therapy
APPLICANT: HongweiZhanq
LOCATION: 23499 Golden Springs Drive, 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 2010-202 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.
6
Planning Commission Resolution No. 2010-26
2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed,
within twenty-one (21) days of approval of this Conditional Use Permit No. PL 2010-202 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 noncompliance 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 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, Public Works
Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever come
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.
Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits.
7
Planning Commission Resolution No. 2010-26
C. TIME LIMITS
1. The approval of Conditional Use Permit shall expire within two years from the date of approval if the use has not been exercised
as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). The applicant may request in writing a one year time
extension subject to DBMC Section 22.60.050(c) for Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
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, 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 2008 energy conservation requirements of the State of California Energy Commission.
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Planning Commission Resolution No. 2010-26
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. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc.
12. 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.
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Planning Commission Resolution No. 2010-26