Loading...
HomeMy WebLinkAboutPC 2011-16PLANNING COMMISSION RESOLUTION NO. 2011-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2011-058, A REQUEST TO OPERATE A 3,835 SQUARE -FOOT TUTORING CENTER, LOCATED AT 782-784 PINEFALLS AVENUE, DIAMOND BAR, CA (ASSESSORS PARCEL NO. 8760-027-003). A. RECITALS Property owner, Ronald E. Albrecht, Sterling Capital, and applicant, Manikku Malraj, Ranmal Educational Services, have filed an application for Conditional Use Permit No. PL 2011-058 to operate a tutoring center located at 782-784 Pinefalls Avenue, 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 site is located in the Light Industrial (1) zone and is consistent with the General Commercial land use category of the General Plan. 3. The legal description of the subject property is identified as Assessor's Parcel Number is 8760-027-003. 4. On April 15, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 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 April 26, 2011, the Planning Commission continued the item to the May 10, 2011, meeting. 6. On May 10, 2011, the Planning Commission continued the item to the May 24, 2011, meeting. 7. On May 24, 2011, 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 (existing facility) 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 DBMC Section 22.10.030, Table 2-6, a specialized education and training school is permitted in the Industrial zoning district with approval of a conditional use permit. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses") in that the proposed tutoring center meets Strategy 1.3.3 because the proposed tutoring center provides services to Diamond Bar residents. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed use is located within a multi -tenant industrial park occupied by various warehouses and -service uses including a reproduction/copy center. The proposed tutoring center will be compatible with uses in close proximity such as the music school and the dance school located within the same industrial park across the street of the proposed site. Discovery World Montessori preschool/elementary school is also located in close proximity to the proposed tutoring center. As such, the operational characteristics of the proposed tutoring center are compatible with the existing land uses in the vicinity. 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 industrial park. 2 Conditional Use Permit No. PL 2011-58 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 industrial park that has other educational uses. The proposed use is compatible with other uses in the surrounding areas such as a music and dance school to the west and a preschool and elementary school to the southeast. Based on staffs field study and parking requirements per the Development Code, it is estimated that at least 20 spaces would be available during business hours at all times to accommodate staff parking and student pick-up/drop-offs. A condition is added to the project requiring the applicant to stagger the starting time of each class in 15 minute intervals, with the total student enrollment capped at 60 students. Given the expected pattern of trip generation throughout the day, it is highly unlikely for parking to be deficient during the brief periods of turnover for the pick-up and drop-off of students. Based on the analysis, it is unlikely that there will be parking congestion of patrons looking for spaces during pick-up and drop-off times. Moreover, staff is recommending a condition of approval to review the application in six months, to assess the operations of the use and parking impacts. 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 (existing facility) 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 tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2011-058 dated April 26 and May 24, 2011, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a tutoring center. 3 Conditional Use Permit No. PL 2011.58 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 782-784 Pinefalls Avenue, 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. This approval specifies limitations on class sizes and business hours based on the presumption that the proposed use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: a. Class hours — Monday through Friday from 8:00 a.m. to 6:30 p.m.; b. Staggered start times of each class in 15 minute intervals, with a total of six sessions per day; C. Thirty or fewer students and three instructors at any one time; and d. Total student enrollment of 60 students. If, at any time, the City finds that the proposed use is the cause of a parking deficiency of other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. The Conditional Use Permit shall be reviewed six months after approval to allow the Commission to assess the adequacy of the parking and operations of the use. The applicant shall submit a notarized letter stating the total student enrollment. This would give the Commission the ability to further condition the project if actual operating experience within the six months showed it necessary, by changing the hours of operation, class times, and/or reducing enrollment. 6. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. E Conditional Use Permit No. PL 2011-58 The Planning Commission shall.- (a) hall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ronald E. Albrecht, Sterling Capital, 8502 E. Chapman # 184, Orange, CA 92369; and Manikku Malraj, Ranmal Educational Services, 801 Brea Canyon Road, Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 24th DAY COMMISSION OF THE CITY OF DIAMOND BAR. By: Jack Shah, Chairman f` ! OF MAY 2011, BY THE PLANNING 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 24th day of May, 2011, by the following vote: AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, ecretary Lin, Torng, VC/Lee, Chair/Shah None Nelson None E Conditional Use Permit No. PL 2011-58 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2011-058 SUBJECT: Tutoring Center APPLICANT: Manikku Malrai LOCATION: 782-784 Pinefalls Avenue, Diamond Bar, CA 91789 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 2011-058 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. L Conditional Use Permit No. PL 2011-58 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 2011-058 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. FEESIDEPOSITS 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 Conditional Use Permit No. PL 2011-58 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 DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code unless submitted after January 1, 2010, which will be covered under the 2010 code series) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy 'of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 4. This project shall upgrade items that are "readily achievable" 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. 5. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 6. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. The exiting design shall include clarification of exiting through adjoining rooms per CBC 1014.2, exit signage per CBC 1011, and doors meeting CBC 1008.1.2 & 1008.1.9. 7. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot; b. Type of construction; Conditional Use Permit No. PL 2011-58 C. Sprinkler system; d. Each group occupancy; e. Occupancy separation per CBC 508.3.3.; f. Exit analysis for each building (occupant load/corridor rating/exit widthlexit signs, etc.); and g. Accessibility analysis for the entire site and for each building for "readily achievable" items. END 0 Conditional Use Permit No. PL 2011.58 PLANNING COMMISSION RESOLUTION NO. 2011-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2011-058, A REQUEST TO OPERATE A 3,835 SQUARE -FOOT TUTORING CENTER, LOCATED AT 782-784 PINEFALLS AVENUE, DIAMOND BAR, CA (ASSESSORS PARCEL NO. 8760-027-003). A. RECITALS 1. Property owner, Ronald E. Albrecht, Sterling Capital, and applicant, Manikku Malraj, Ranmal Educational Services, have filed an application for Conditional Use Permit No. PL 2011-058 to operate a tutoring center located at 782-784 Pinefalls Avenue, 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 site is located in the Light Industrial (I) zone and is consistent with the General Commercial land use category of the General Plan. 3. The legal description of the subject property is identified as Assessor's Parcel Number is 8760-027-003. 4. On April 15, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. 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 April 26, 2011, the Planning Commission continued the item to the May 10, 2011, meeting. 6. On May 10, 2011, the Planning Commission continued the item to the May 24, 2011, meeting. 7 On May 24, 2011, 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) purk.lant to the provisions of Article 19, Section 15301 (existing facility) 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 DBMC Section 22.10.030, Table 2-6, a specialized education and training school is permitted in the Industrial zoning district with approval of a conditional use permit. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses") in that the proposed tutoring center meets Strategy 1.3.3 because the proposed tutoring center provides services to Diamond Bar residents. The site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed use is located within a multi -tenant industrial park occupied by various warehouses and service uses including a reproduction/copy center. The proposed tutoring center will be compatible with uses in close proximity such as the music school and the dance school located within the same industrial park across the street of the proposed site. Discovery World Montessori preschool/elementary school is also located in close proximity to the proposed tutoring center. As such, the operational characteristics of the proposed tutoring center are compatible with the existing land uses in the vicinity. 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 industrial park. 2 Conditional Use Permit No. PL 2011-58 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 industrial park that has other educational uses. The proposed use is compatible with other uses in the surrounding areas such as a music and dance school to the west and a preschool and elementary school to the southeast. Based on staff's field study and parking requirements per the Development Code, it is estimated that at least 20 spaces would be available during business hours at all times to accommodate staff parking and student pick-up/drop-offs. A condition is added to the project requiring the applicant to stagger the starting time of each class in 15 minute inten/als, with the total student enrollment capped at 60 students. Given the expected pattern of trip generation throughout the day, it is highly unlikely for parking to be deficient during the brief periods of turnover for the pick-up and drop-off of students. Based on the analysis, it is unlikely that there will be parking congestion of patrons looking for spaces during pick-up and drop-off times. Moreover, staff is recommending a condition of approval to review the application in six months, to assess the operations of the use and parking impacts. 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(existing facility) 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 tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2011-058 dated April 26 and May 24, 2011, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a tutoring center. 3 Conditional Use Permit No. PL 2011-58 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 782-784 Pinefalls Avenue, 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. This approval specifies limitations on class sizes and business hours based on the presumption that the proposed use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: a. Class hours — Monday through Friday from 8:00 a.m. to 6:30 p.m.; b. Staggered start times of each class in 15 minute intervals, with a total of six sessions per day; C. Thirty or fewer students and three instructors at any one time; and d. Total student enrollment of 60 students. If, at any time, the City finds that the proposed use is the cause of a parking deficiency of other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 5. The Conditional Use Permit shall be reviewed six months after approval to allow the Commission to assess the adequacy of the parking and operations of the use. The applicant shall submit a notarized letter stating the total student enrollment. This would give the Commission the ability to further condition the project if actual operating experience within the six months showed it necessary, by changing the hours of operation, class times, and/or reducing enrollment. 6. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 4 Conditional Use Permit No. PL 2011-58 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: Ronald E. Albrecht, Sterling Capital, 8502 E. Chapman # 184, Orange, CA 92369; and Manikku Ma!raj, Ranmal Educational Services, 801 Brea Canyon Road, Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 24th DAY OF MAY 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Jack Shah, Chairman 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 24th day of May, 2011, by the following vote: AYES: Commissioners: Lin, Torn, VC/Lee, Chair/Shah NOES: Commissioners: None ABSENT: Commissioners: Nelson ABSTAIN: Commissioners: None 5 ATTEST: Greg Gubman, ecretary N By: Conditional Use Permit No. PL 2011-58 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2011-058 SUBJECT: Tutoring Center APPLICANT: Manikku MaIra' LOCATION: 782-784 Pinefalls Avenue, Diamond Bar, CA 91789 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 2011-058 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 Conditional Use Permit No. PL 2011-58 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 2011-058 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 Conditional Use Permit No. PL 2011-58 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 DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code unless submitted after January 1, 2010, which will be covered under the 2010 code series) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 4. This project shall upgrade items that are "readily achievable" 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. 5. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 6. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. The exiting design shall include clarification of exiting through adjoining rooms per CBC 1014.2, exit signage per CBC 1011, and doors meeting CBC 1008.1.2 & 1008.1.9. 7 Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: Each building square foot; b. Type of construction; 8 Conditional Use Permit No. PL 2011-58 C. Sprinkler system; d. Each group occupancy; e. Occupancy separation per CBC 508.3.3.; f. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.); and g. Accessibility analysis for the entire site and for each building for "readily achievable" items. END 9 Conditional Use Permit No, PL 2011-58