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HomeMy WebLinkAboutPC 2011-22PLANNING COMMISSION RESOLUTION NO. 2011-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND PARKING PERMIT NO. PL2011-251, TO OPERATE A CHILD DAYCARE CENTER IN AN EXISTING 7,450 SQUARE -FOOT BUILDING AND TO SHARE ACCESS AND PARKING WITH DIAMOND HILLS PLAZA, LOCATED AT 21385 COLD SPRING LANE, DIAMOND BAR, CA (ASSESSORS PARCEL NO. 8285-020-032 & 8285-020-033). A. I= RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, Saanand Sethee, Steel Lotus LLC, have filed an application for Conditional Use Permit and Parking Permit No. PL 2011-251 to operate a child daycare center in an existing 7,450 square -foot building and share access and parking with Diamond Hills Plaza located at 21385 Cold Spring Lane, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of two parcels totaling 0.93 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject properties is Parcel 2347-28-31 Lots 32 and 33. The Assessor's Parcel Numbers are 8285-020-032 and 8285-020-033. 4. On August 12, 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 1,000 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on August 12, 2011. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On August 23, 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. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The 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 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) Sections 22.58 and 22.36.060 this Planning Commission hereby finds and approves 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 child daycare center 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 and the surrounding single-family residential neighborhood. 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 daycare 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 shopping center occupied by various restaurants, office, and similar uses such as a music school and taekwondo studio. In addition, the Proposed Use is compatible with the surrounding neighborhood because it is a convenient location for families located in the immediate neighborhood and near Castle Rock Elementary School. As such, the operational characteristics are compatible with the existing uses within the shopping center and surrounding neighborhood. 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 shopping center that currently has similar uses such as a music school and taekwondo studio. Additionally, the Proposed Use is compatible with the surrounding residential neighborhood because it is a convenient location for families located near the immediate neighborhood and near Castle Rock Elementary School. The proposed daycare is physically suitable with the subject site because it is an existing building and no additional square -footage is being proposed. 2 CUP/PKG PL2011-251 Additionally, the daycare is proposed within an existing shopping center and will be using existing access and parking with the existing shopping center. In addition, a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits. 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 partitions and electrical conveyances) of the CEQA Guidelines. Parking Permit Findings (DBMC Section 22.36.060) The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and The existing gross floor area of the shopping center is 195,606 square feet, therefore, requires 714 parking spaces. The 7,450 square -foot proposed child daycare center requires 25 parking spaces. A total of 739 parking spaces are required to be provided. There are 926 existing parking spaces which exceeds the requirement by providing a surplus of 187 spaces. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses). When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. The supplemental traffic and parking assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed child daycare center. 3 CUP/PKG PL2011-251 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 child day care center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2011-251 dated August 23, 2011, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a child day care center. 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 21385 Cold Spring Lane, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. Prior to the issuance of the building permits, the applicant shall submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, subject to the approval of the Community Development Director and to be recorded with Los Angeles County Recorder's Office; 5. The applicant shall have at least one staff member in the parking lot area to monitor children being dropped off or picked up at the daycare 30 minutes before and after peak periods. Children shall be escorted from the car or bus to the daycare center entrance and vice versa; 6. If a problem arises with respect to queuing or stacking of vehicles along Cold Spring Lane, and/or impacting traffic along Diamond Bar Boulevard as a result of parents picking up or dropping off their children at the daycare center, the Public Works staff will conduct physical field observations to appropriately analyze the situation and recommend a solution. These solutions may include, but are not limited to, prohibiting parking on Cold Spring Lane during specific hours and days when the problem may exist, red curbing Cold Spring Lane to prevent parking at any time, implementing the Neighborhood Traffic Management Program, or intersection modifications along Diamond Bar Boulevard at Cold Spring Lane. All of these solutions would require extensive evaluation by the Public Works and Engineering Department as well as neighborhood outreach and Traffic and Transportation Commission input; however, it is too speculative at this point to presume that such problems would arise; and 4 CUPIPKG PL2011-251 7. Prior to the release of building occupancy, the existing exterior flood lights shall be removed. 8. 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. 9. Prior to the issuance of building permits, the applicant shall submit a safety route plan to the child daycare center, which may include pedestrian signago, additional striped designated pathways from the parking areas to the child daycare center, and educational handouts, to be reviewed and approved by the City's Public Works/Engineering Department and Planning Division. 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 the property owners, Country Hills Holdings LLC, c/o Sarofim Realty Advisors, 8115 Preston Road, Suite 400, Dallas, TX 75225; and applicant, Saanand Sethee, Steel Lotus, LLC, 14514 Central Avenue, Chino, CA 91710. APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: J�3c� 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 23`d day of August 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP/PKG PL2011-251 COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Parking Permit No. PL2011-251 SUBJECT: To allow a child daycare center in an existing 7,450 square -foot building and share access and parking with Diamond Hills Plaza PROPERTY County Hills Holdings, LLC, 8115 Preston Road, OWNER(S): Suite 400, Dallas, TX 75225 APPLICANT: Steel Lotus, LLC 14514 Central Ave, Chino, CA 91710 LOCATION: 21385 Cold Spring Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Conditional Use Permit and Parking Permit No. PL 2011-251 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 CUP/PKG PL2011-251 approval of this Conditional Use Permit and Parking Permit No. PL 2011-251 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review- If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 7 CUP/PKG PL2011-251 C. TIME LIMITS 1. The approval of Conditional Use Permit and Parking Permit No. PL 2011-251 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., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Air Quality Management District (AQMD) must be notified 10 days prior to any demolition. 3. 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. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficiency or equivalent per the current California Energy Code. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the Title 24 accessibility requirements. 6. "Separate permit shall be required for all wall and monument signs and sun shad structures" and shall be noted on plans. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Specify location of tempered glass as required by code. 9. Playground equipment shall be accessible to the disabled and design provided accordingly. 10. The occupancy group and allowable area shall be indicated and justified. 11. Where the occupancy group is listed as an 1-4, fire sprinklers will be required. 8 CUP/PKG PL2011-251 12. If food is prepared for students, LA County Health Department approval is required. 13. LA County Industrial Waste clearance is required. END 9 CUP/PKG PL2011-251 PLANNING COMMISSION RESOLUTION NO. 2011-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AND PARKING PERMIT NO. PL2011-251, TO OPERATE A CHILD DAYCARE CENTER IN AN EXISTING 7,450 SQUARE-FOOT BUILDING AND TO SHARE ACCESS AND PARKING WITH DIAMOND HILLS PLAZA, LOCATED AT 21385 COLD SPRING LANE, DIAMOND BAR, CA (ASSESSORS PARCEL NO. 8285-020-032 & 8285-020-033). A. RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, Saanand Sethee, Steel Lotus LLC, have filed an application for Conditional Use Permit and Parking Permit No. PL 2011-251 to operate a child daycare center in an existing 7,450 square-foot building and share access and parking with Diamond Hills Plaza located at 21385 Cold Spring Lane, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of two parcels totaling 0.93 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject properties is Parcel 2347-28-31 Lots 32 and 33. The Assessor's Parcel Numbers are 8285-020-032 and 8285-020-033. 4. On August 12, 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 1,000-foot radius of the Project site and public notices were posted at the City's designated community posting sites on August 12, 2011. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On August 23, 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. The 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 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) Sections 22.58 and 22.36.060 this Planning Commission hereby finds and approves 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 child daycare center 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 and the surrounding single -family residential neighborhood. 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 daycare 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 shopping center occupied by various restaurants, office, and similar uses such as a music school and taekwondo studio. In addition, the Proposed Use is compatible with the surrounding neighborhood because it is a convenient location for families located in the immediate neighborhood and near Castle Rock Elementary School. As such, the operational characteristics are compatible with the existing uses within the shopping center and surrounding neighborhood. 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 shopping center that currently has similar uses such as a music school and taekwondo studio. Additionally, the Proposed Use is compatible with the surrounding residential neighborhood because it is a convenient location for families located near the immediate neighborhood and near Castle Rock Elementary School. The proposed daycare is physically suitable with the subject site because it is an existing building and no additional square-footage is being proposed. 2 CUP/PKG PL2011-251 Additionally, the daycare is proposed within an existing shopping center and will be using existing access and parking with the existing shopping center. In addition, a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits. 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 partitions and electrical conveyances) of the CEQA Guidelines. Parking Permit Findings (DBMC Section 22.36.060) 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and The existing gross floor area of the shopping center is 195,606 square feet, therefore, requires 714 parking spaces. The 7,450 square-foot proposed child daycare center requires 25 parking spaces. A total of 739 parking spaces are required to be provided. There are 926 existing parking spaces which exceeds the requirement by providing a surplus of 187 spaces. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses). When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. The supplemental traffic and parking assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed child daycare center. 3 CUP/PKG PL2011-251 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 child day care center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2011-251 dated August 23, 2011, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a child day care center. 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 21385 Cold Spring Lane, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. Prior to the issuance of the building permits, the applicant shall submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, subject to the approval of the Community Development Director and to be recorded with Los Angeles County Recorder's Office; 5. The applicant shall have at least one staff member in the parking lot area to monitor children being dropped off or picked up at the daycare 30 minutes before and after peak periods. Children shall be escorted from the car or bus to the daycare center entrance and vice versa; 6. If a problem arises with respect to queuing or stacking of vehicles along Cold Spring Lane, and/or impacting traffic along Diamond Bar Boulevard as a result of parents picking up or dropping off their children at the daycare center, the Public Works staff will conduct physical field observations to appropriately analyze the situation and recommend a solution. These solutions may include, but are not limited to, prohibiting parking on Cold Spring Lane during specific hours and days when the problem may exist, red curbing Cold Spring Lane to prevent parking at any time, implementing the Neighborhood Traffic Management Program, or intersection modifications along Diamond Bar Boulevard at Cold Spring Lane. All of these solutions would require extensive evaluation by the Public Works and Engineering Department as well as neighborhood outreach and Traffic and Transportation Commission input; however, it is too speculative at this point to presume that such problems would arise; and 4 CUP/PKG PL2011-251 7. Prior to the release of building occupancy, the existing exterior flood lights shall be removed. 8. 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. 9. Prior to the issuance of building permits, the applicant shall submit a safety route plan to the child daycare center, which may include pedestrian signage, additional striped designated pathways from the parking areas to the child daycare center, and educational handouts, to be reviewed and approved by the City's Public Works/Engineering Department and Planning Division. 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 the property owners, Country Hills Holdings LLC, do Sarofim Realty Advisors, 8115 Preston Road, Suite 400, Dallas, TX 75225; and applicant, Saanand Sethee, Steel Lotus, LLC, 14514 Central Avenue, Chino, CA 91710. APPROVED AND ADOPTED THIS 23RD DAY OF AUGUST 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jacllc Shah, Chairman I 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 23rd day of August 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP/PKG PL2011-251 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Parking Permit No. PL2011-251 SUBJECT: To allow a child daycare center in an existing 7,450 square -foot building and share access and parking with Diamond Hills Plaza PROPERTY County Hills Holdings, LLC, 8115 Preston Road, OWNER(S): Suite 400, Dallas, TX 75225 APPLICANT: Steel Lotus, LLC 14514 Central Ave, Chino, CA 91710 LOCATION: 21385 Cold Spring Lane, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Conditional Use Permit and Parking Permit No. PL 2011-251 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 CUP/PKG PL2011-251 approval of this Conditional Use Permit and Parking Permit No. PL 2011-251 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7 To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 7 CUP/PKG PL2011-251 C. TIME LIMITS 1. The approval of Conditional Use Permit and Parking Permit No. PL 2011-251 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., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Air Quality Management District (AQMD) must be notified 10 days prior to any demolition. 3. 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. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficiency or equivalent per the current California Energy Code. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the Title 24 accessibility requirements. 6. "Separate permit shall be required for all wall and monument signs and sun shad structures" and shall be noted on plans. 7 Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8. Specify location of tempered glass as required by code. 9. Playground equipment shall be accessible to the disabled and design provided accordingly. 10. The occupancy group and allowable area shall be indicated and justified. 11. Where the occupancy group is listed as an 1-4, fire sprinklers will be required. 8 CUP/PKG PL2011-251 12. If food is prepared for students, LA County Health Department approval is required. 13. LA County Industrial Waste clearance is required. END 9 CUP/PKG PL2011-251