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HomeMy WebLinkAboutPC 2002-44PLANNING COMMISSION ' RESOLUTION NO. 2002-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT OF DIAMOND BAR APPROVING CONDITIONAL USE PE MIT NO.2002-13NARIANCE NO. 2002-05/ADMINISTRATIVE DEVELOPIV DEVELOPENT REVIEW NO. 2002-21 AND CATEGORICAL EXEMPTION 15303(c), A REQUEST TO CONSTRUCT A PORTABLE CLASSROOM AT THE R EAR OF THE SHOPPING CENTER TO BE USED AS THE MONTESS ORI ACADEMY'S COMPUTER LAB FOR AN UNLIMITED TIME, AND FC R A RETAINING WALL OF VARYING HEIGHT UP TO 13 FEET. HE PROJECT SITE IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757), DIAMOND BAR, CALIFORNIA A. RECITALS 1. The property owner, AP Diamond Bar, L.L.C., and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit No. 2002-13Nariance No. 2002-05/Administrative Development Re iew No. 2002-21 for a property located at 23555 Palomino Drive, Diamond ar, Los Angeles County, California as described in the title of this Resolut on. Hereinafter in this Resolution, the subject Conditional Use Per it/ Variance/Administrative Development Review and Categorical Exemp ion shall be referred to as the "Application." 2. On October 22, 2002, 260 property owners within a 700 -foot radius of -he project site were notified by mail. On October 25, 2002, notification of he public hearing for this project was provided in the San Gabriel Valley TribL ne and Inland Valley Dail Bulletin newspapers. A notice of public hearing o i a display board was posted at the site and displayed for at least 10 di tys before the public hearing and three other public places were posted wit iin the vicinity of the application. 3. On November 12, 2002, the Planning Commission of the City of Diamo d Bar conducted and concluded a duly noticed public hearing on t e Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Plannii Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts s ' forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(c) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: _ (a) The project relates to a parcel at 23555 Palomino Drive (Lot 2, Parcel Map 2757), Diamond Bar, California, with an existing commercial shopping center of community retail and service mixed uses. The project site is 3.323 acres. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned Community Commercial -Billboard Exclusion (C -2 -BE). (c) Generally, the following zones and uses surround the project site: to the north is the SR 57 and SR 60 freeway junction; the east is the Low Density Residential Zone (R-1-8000); and to the south and west is the Community Commercial -Billboard Exclusion (C -2 -BE) Zone. (d) The application is a request to construct a building/classroom at the rear of the shopping center to be used as the Montessori Academy's computer lab for an unlimited time. The Variance is required for a retaining wall of varying height up to 13 feet. CONDITIONAL USE PERMIT (e) 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. 2 The accessory use and construction of the ' building/classroom is allowed in the shopping center for an time with the approval of a Conditional Use Permit. As ca the proposed use will comply with all other applicable pro the Development Code and Municipal Code. 1 (f) The proposed use is consistent with the General Plan and applicable specific plan. The project site has a General Plan land use designation of Ger Commercial (C). This land use designation provides for regh freeway oriented, and/or community retail and service comme uses. The proposed project is a service commercial use ar consistent with the General Plan. The addition of building/classroom does not change the site's exterior configuratic the streetscape. The main shopping center buildings obscure building/classroom. It is built in the site's rear slope with construction of a retaining wall of varying heights up to a maxin exposed height of 13 feet at the northeast corner. The current s architectural style, construction materials, colors and the propo construction are consistent and compatible with the surrounc commercial sites. Therefore, the design and layout of the propo project is consistent with the applicable elements of the City's Gen Plan. A specific plan does not exist for the project site. of any x rs the r7 at the the P (g) The design, location, size and operating characteristics of he proposed use are compatible with the existing and future land usein the vicinity. The existing site is within the Community Commercial — Bill& Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits a child day( center with the approval of Conditional Use Permit and Montes School with a Zoning Clearance. The Planning Commission appro both uses on August 8, 2000, with Resolution No.2000-14 Conditional Use Permit (CUP) No. 2000-03. The approval conditions remain in full force. The current buildings process by Los Angeles County in 1979 are existing legal non -conforming commercial center that does not m the current Development Code's setback requirements at the frc CUP 2000-03 as noted above continues to regulate the shopp, center with regard to landscape, lighting, parking, etc. and recogni2 the non -conforming structures with a conforming use. The proposed accessory use and construction makes no chz expansion, or structural alterations to the existing legal conforming structure. The proposed building/classroom is a sei 3 structure to be built in the rear slope and meets Development Code setbacks and standards except for the wall height. The existing shopping center buildings hide the wall and building/classroom. The proposed building/classroom does not change the site's exterior configuration at the streetscape. The current site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use and construction with the uses in the surrounding area. The use of the building/classroom as a computer lab expands the curriculum for the schools. This use will not result in a change to the approved number of students, 98, as conditioned in Planning Commission Resolution No. 2000-14. Since the proposed project is a building/classroom to be used as an accessory use of the previously approved child day care center and school, and the Applicants previously received the approval of the Los Angeles County Fire Department and the State of California, Health and Welfare Agency, for the operating characteristics of the school, the accessory use is also compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As referenced in Item (g) above, the proposed construction project involves the construction of a building/classroom for an accessory use of the previously approved child daycare center and school. Though the current Development Code requires a Conditional Use Permit review and approval to add the building/classroom to the shopping = center for an unlimited time period, it does not alter the physical appearance of the original structure or the commercial center in which it is located because it cannot be seen from the streetscape. Access for the site is existing and is adequate. Utilities are existing and are adequate to serve the proposed use. (i} Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. 4 I;, City permits, inspections, and soils reports are required for construction to ensure that the finished product will not be detrim gntal ' to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Before the issuance o F any City permits, the proposed project is required to comply wit all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Q ality Management District, and State of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vici ity. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15303(c). VARIANCE (k) There are special circumstances applicable to the property ' (e.g., location, shape, size, surroundings, topography, or of er conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasona le regulation which make it obviously impractical to require compliar ce with the development standards. The purpose of the Development Code Standards for fences, hedges, and walls as described in Section 22.20, is to establish requiremel its to ensure that these elements do not block views and sunlight, to provide adequate buffering between different land uses, to provi e screening of outdoor uses and equipment, and are designed to provide aesthetic enhancement of the City. Pursuant to Development 22.20.030 and .040, retaining walls sh 1� not exceed a height of six feet measured from the finished grade t the base of the wall. The Director may approve retaining walls up t a maximum exposed height of seven (7) feet in areas of varyi g topography or up to eight (8) feet if in the rear of the parcel. The subject request is for a retaining wall of varying exposed height up Io ' a maximum of 13 feet located at the rear of the parcel holding a c t into the slope in order to facilitate the placement of tt, e building/classroom. The building/classroom with a height of 12.5 fe t E hides most of the wall. Lots located within the Gateway Corporate Center have heightened walls in areas of varying topography. The Planning Commission approved a request for a 13 feet high crib wall on Lot 22 for Allstate insurance. The planting of the crib wall hides the wall height. Similarly, the building/classroom hides the proposed block wall at the northeast corner of the proposed construction. Due to the varying topography and without a Variance approval, the applicant is denied the same enjoyment and privileges that other commercial lots in the City possess with similar topographic features. (I} Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought. As stated in item (k), the strict interpretation of the Development Code with regard to wall height denies the property owner the opportunity to extend the building pad to accommodate development. In this case, the wall of varying height up to a maximum of 13 feet at the northeast corner of the wall has a negligible impact because the building/classroom hides it. Additionally, the existing shopping center borders the State Road 60 Freeway and the building/classroom cannot be seen from that elevation or from the streetscape of Palomino Drive. Without a Variance approval, the applicant is denied the same enjoyment and privileges that other commercial lots in the City possess with similar topographic features. Granting of the Variance will allow the applicant to provide an additional accessory use, computer lab, for its enrolled students. (m} Granting the Variance is consistent with the General Plan and any applicable specific plan. The proposed retaining wall is consistent with the General Plan. This wall is hidden from view of other properties behind the building/classroom and is consistent with specific strategies 1.2.4 and 2.2.1 of the Land Use Element. Though the wall is 13 feet in the northeast corner, the building/classroom protects the visual character and quality of the site. Therefore, granting the Variance is consistent with the General Plan. The project site is not within a specific plan area. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. C City permits, inspections, and soils reports are require( ' construction to ensure that the finished product will not be detrirr to the public health, safety, or welfare, or materially injurious t properties or improvements in the vicinity. Before the issuance c City permits, the proposed project is required to comply wii conditions within the approved resolution. Additionally, the prop project is required to comply with the Building and Safety Divi Public Works Division, Fire Department, South Coast Air Qi Management District, and State of California requirements. referenced agencies' involvement will ensure that the prop project is not detrimental to the public health, safety, or welfa, materially injurious to the properties or improvements in the vici for the any i all The or (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the Califo nia Environmental Quality Act of 1970 (CEQA), Section 15303(c). ADMINISTRATIVE DEVELOPMENT REVIEW ' (p) The design and layout of the proposed development is consistent v (ith the applicable elements of the City's General Plan, City Des gn Guidelines, and development standards of the applicable distr ct, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site's General Plan land use designation is Gen Commercial (C). This land use designation provides for establishment of regional, freeway -oriented, and/or community n and service commercial uses. The proposed project is consistent i providing service commercial use and, therefore, is consistent with General Plan. The zoning designation for the project site is Neighboncc Commercial (C -2 -BE) which allows for a wide range of retail shopp and service uses primarily intended to serve the needs of ; Diamond Bar residents. The proposed project is a separi building/classroom that will add square footage to an exists commercial shopping center, which is in compliance with the C-2-► zoning designation. ' The proposed project's 480 square q e feet burldrng/classroom is portable unit that will be placed on the pad created by a retaining w 7 in the rear slope. The building/classroom will be the same color as the existing structure. The building/classroom is behind the existing commercial shopping center and is not visible from the streetscape. The proposed project's design and layout is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards. (q) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced in Item (g), the proposed project is consistent with the C -2 -BE zoning districts. Though it is a portable building/classroom, it is not visible to the general public. The architectural style, materials, and colors will blend with the existing buildings. The proposed addition of 480 square feet is approximately 2.3% of the total gross floor area of existing structures on site. The computer lab will be used for the enrolled 98 students and is not expected to create traffic or pedestrian hazards. Furthermore, any future use(s)/tenant improvements require City review and approval. Therefore, the proposed 480 square foot building/classroom is not anticipated to interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (r) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan. The proposed building/classroom's style is compatible with the existing buildings on site and surrounding commercial development. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. (s) The design of the proposed development will provide a desirable environment for its occupants and visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above Items (p), (q) and (r), the proposed project will provide a desirable environment for its occupants and visiting public and its neighbors through good aesthetic use of materials, FPI 1 1 texture and color that will remain aesthetically appealing while oh erins variety in color, texture and a low level of maintenance. (t) The proposed development will not be detrimental to public h alth, safety or welfare or materially injurious (e.g., negative affe t on property values or resale(s) of property) to the propertie or improvements in the vicinity. City permits, inspections, and soils reports are required for construction to ensure that the finished product will notbe detrimental to the public health, safety, or welfare, or materially injurious tc the properties or improvements in the vicinity. Before the issuance oJ any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the propc sed project is required to comply with the Building and Safety Division, Public Works Division, Fire Department, South Coast Air Quality Management District, and State of California requirements. The referenced agencies' involvement will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vici ity. (u) The proposed project has been reviewed in compliance with he provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed projec is Categorically Exempt pursuant to the guidelines of the Califo is Environmental Quality Act of 1970 (CEQA), Section 15303(c). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the followi g conditions: (a) The project shall substantially conform to site plan, floor plarts, elevations, and retaining wall plans collectively labeled as Exhibit dated November 12, 2002, as submitted and as amended herein. (b) The shopping center site shall be cleaned and maintained in condition that is free of debris and graffiti both during and after t implementation of the entitlement granted herein. The removal of trash, debris, and refuse, shall be done only by the property own( applicant or by duly permitted waste contractor, who has be( authorized by the City to provide collection, transportation, ai disposal of solid waste from residential, commercial, construction, ar industrial areas within the City. It shall be the applicant's obligation insure that the waste contractor utilized has obtained permits from tt City of Diamond Bar to provide such services. 7 a r, n BUILDING AND SAFETY (c) The building/classroom shall be State Certified and shall have handicap accessible ramp. (d) Plans shall conform to State and Local Building Codes (i.e., 2001 editions of the State of California Building Codes, Plumbing Code, Mechanical Code, Electrical Code and State Energy Code. (e) The access doors and restrooms shall be clearly marked with handicapped symbols. (f) A construction fence shall be required. (g) Applicant shall have plans approved by the Los Angeles County Fire Department. PUBLIC WORKS PLANNING (h) The retaining wall shall be stucco to match the existing shopping center buildings or slump stone to enhance the decorative aspect of the portion that is seen. (i) Retaining wall plans and calculations shall be submitted to the Public Works Division for review, approval and permit. (j) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain any required NPDES permits. {I) The 480 square foot building/classroom shall only be used as a computer lab for the training of enrolled students. The building/classroom (computer lab) shall not be converted to a classroom for additional enrollment without the prior consent of the Planning Commission. The building/classroom shall not be used for other business uses without the Planning Commission's consent. 10 (m) The building/classroom shall be painted to match the exi ting shopping center. (n) Regular hours of operation shall be limited to between 6:00 a.m and 6:30 p.m. Monday through Friday. (o) The Applicant shall comply with the requirements of the tate Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall te in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to opening for students. (p) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. if non-compliance with conditions of approval occurs the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (q) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. Aone- (1) year extension may be approved when submitted to the Ciy in writing at least 60 days prior to the expiration date. The Plan iing Commission will consider the extension request at a duly not ced public hearing in accordance with Chapter 22.72 of the Cit of Diamond Bar Development Code. (r) This grant shall not be effective for any purpose until the perm ttee and owner of the property involved (if other than the permittee) I ave filed, within fifteen (15) days of approval of this grant, at the Ci y of Diamond Bar Community and Development Services Departrr ent, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (s) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furtherm re, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any ' such fee and any fine which the Department determines to be ov ed. 11 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 AP Diamond Bar, L.L.C., 12383 Lewis St., Suite 200, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, Chair n I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of November, 2002, by the following vote: AYES: COMMISSIONERS: Tye, Tanaka, Nelson, WC Tye, C/Ruzicka NOES: ABSENT: ABSTAIN: a ATTEST: lameg DeStefan , Secretary 12 PLANNING COMMISSION RESOLUTION NO. 2002-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI O DIAMOND BAR APPROVING CONDITIONAL USE P NO. 2002- 13NARIANCE NO. 2002-05/ADMINISTRATIVE DEAaELOF F REVIEW NO. 2002-21 AND CATEGORICAL EXEMPTION 1530; A REQUEST TO CONSTRUCT A PORTABLE CLASSROOM AT THE OF THE SHOPPING CENTER TO BE USED AS THE iMONTE: ACADEMY'S COMPUTER LAB FOR AN UNLIMITED DR TIME, AND I RETAINING WALL OF VARYING HEIGHT UP TO 13 FEET. PROJECT SITE IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP DIAMOND BAR, CALIFORNIA A. RECITALS 1. The property owner, AP Diamond Bar, L.L.C., and applicant, Diamond Montessori Academy, have filed an application for Conditional Use Pc No. 2002-13/Variance No. 2002-05/Administrative Development Rel No. 2002-21 for a property located at 23555 Palomino Drive, Diamond Los Angeles County, California as described in the title of this Resolui Hereinafter in this Resolution, the subject Conditional Use Per Variance/Administrative Development Review and Categorical Exemp shall be referred to as the "Application." On October 22, 2002, 260 property owners within a 700 -foot radius of project site were notified by mail. On October 25, 2002, notification of public hearing for this project was provided in the San Gabriel Valley Trib and Inland Valley Daily Bulletin newspapers. A notice of public hearing c display board was posted at the site and displayed for at a least 10 d before the public hearing and three other public places were posted wi the vicinity of the application. 3. On November 12, 2002, the Planning Commission of the City of Dian Bar conducted and concluded a duly noticed public hearing on Application. B. RESOLUTION )W, THEREFORE, it is found determined and resolved by the Plant Commission of the City Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303(c) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: _ (a) The project relates to a parcel at 23555 Palomino Drive (Lot 2, Parcel Map 2757), Diamond Bar, California, with an existing commercial shopping center of community retail and service mixed uses. The project site is 3.323 acres. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned Community Commercial -Billboard Exclusion (C -2 - BE). (c) Generally, the following zones and uses surround the project site: to the north is the SR 57 and SR 60 freeway junction; the east is the Low Density Residential Zone (R-1-8000); and to the south and west is the Community Commercial -Billboard Exclusion (C -2 -BE) Zone. (d) The application is a request to construct a building/classroom at the rear of the shopping center to be used as the Montessori Academy's computer lab for an unlimited time. The Variance is required for a retaining wall of varying height up to 13 feet. CONDITIONAL USE PERMIT (e) 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. 2 The accessory use and construction of the buildinglclassroom is allowed in the shopping center for an time with the approval of a Conditional Use Permit. As col the proposed use will comply with all other applicable pro the o Development Code and Municipal Code. (f) The proposed use is consistent with the General Plan and applicableany specific plan. The project site has a General Plan land use designation of Ge Commercial (C). This land use designation provides for regi freeway oriented, andlor community retail and service comm- uses. ommuses. The proposed project is a service commercial use ai consistent with the General Plan. The addition of is buildinglclassroom does not change the site's exterior the configurati the streetscape. The main shopping center buildings n obscure buildinglclassroom. It is built in the site's rear slope with at construction of a retaining wall of varying heights up to a maxu the exposed height of 13 feet at the northeast corner. The current architectural style, construction materials, colors and the prop( construction are consistent and compatible with the surroun commercial sites. Therefore, the design and layout of the prop( project is consistent with the applicable elements of the City's Ger Plan. A specific plan does not exist for the project site. (g) The design, location, size and operating characteristics of -he proposed use are compatible with the existing and future land use in the vicinity. The existing site is within the Community Commercial - Billbi Exclusion Zone (C -2 -BE). The C-2-BEZone permits a child day 4 center with the approval of a Conditional Use Permit and Montes School with a Zoning Clearance. The Planning Commission apprc both uses on August 8, 2000, with Resolution No.2000-14 Conditional Use Permit (CUP) No. 2000- 03. The approval conditions remain in full force. The current buildings process by Los Angeles County in 1979 are existing legal non -conforming commercial center that does not mi the current Development Code's setback requirements at the frc CUP 2000-03 as noted above continues to regulate the shoppi center with regard to landscape, lighting, parking, etc. and recogniz the non -conforming structures with a conforming use. The proposed accessory use and construction makes no chz expansion, or structural alterations to the existing legal conforming structure. The proposed buildinglclassroom is a sel C] structure to be built in the rear slope and meets Development Code setbacks and standards except for the wall height. The existing shopping center buildings hide the wall and buildinglclassroom. The proposed buildinglclassroom does not change the site's exterior configuration at the streetscape. The current site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use and construction with the uses in the surrounding area. The use of the buildinglclassroom as a computer lab expands the curriculum for the schools. This use will not result in a change to the approved number of students, 98, as conditioned in Planning Commission Resolution No. 2000-14. Since the proposed project is a buildinglclassroom to be used as an accessory use of the previously approved child day care center and school, and the Applicants previously received the approval of the Los Angeles County Fire Department and the State of California, Health and Welfare Agency, for the operating characteristics of the school, the accessory use is also compatible with the existing and future land Pa uses in the vicinity as conditioned through the Conditional Use Permit' wire -I I (h) The subject site is physically suitable for the type and density/intensity use being proposed including access, provisions of utilities, compatibility with adjoining land uses, d the absence of physical ' ' constraints. As referenced in item (g) above, the proposed construction project involves the construction of a buildinglclassroom for an accessory use of the previously approved child daycare center and school. Though the current Development Code requires a Conditional Use Permit review and approval to add the buildinglclassroom to the shopping center for an unlimited time period, it does not alter the physical appearance of the original structure or the commercial center in which it is located because it cannot be seen from the streetscape. Access for the site is existing and is adequate. Utilities are existing and are adequate to serve the proposed use. (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. 12 City permits, inspections, and soils reports are Ireep4re (k) There are special circumstances applicable to the pr (e.g., location, shape, size, surroundings, topography, or conditions), so that the strict application of this Development denies the property owner privileges enjoyed by other pri owners in the vicinity and under identical zoning districts or crea unnecessary and non -self-created, hardship or unreasc regulation which make it obviously impractical to require comp with the development standards. construction to ensure that the finished product will not be detfirr nta to the public health, safety, or welfare, or materially injurious th properties or improvements in the vicinity. Before the issuance C an City permits, the proposed project is required to comply wi h at conditions within the approved resolution. Additionally, the propo se project is required to comply with the Building and Safety Div io Public Works Division, Fire De artment,South Coast Air alit Management District, and State of California re uirements. Th referenced a encies' involvement will ensure that the pro se ro ject is not detrimental to the public health, safety, or weltat e o materially injurious to the properties or improvements in the vic Ity.1 The proposed project has been reviewed in compliance wit the provisions of the California Environmental Quality Act CEQA . The environmental evaluation shows that the proposed proje t i Categorically Exempt pursuant to the guidelines of the Califc ni Environmental Quality Act of 1970 CEQA , Section 15303(c). VARIANCE (k) There are special circumstances applicable to the pr (e.g., location, shape, size, surroundings, topography, or conditions), so that the strict application of this Development denies the property owner privileges enjoyed by other pri owners in the vicinity and under identical zoning districts or crea unnecessary and non -self-created, hardship or unreasc regulation which make it obviously impractical to require comp with the development standards. The purpose of the Development Code Standards for fences, hedg s, and walls as described in Section 22.20, is to establish requireme its to ensure that these elements do not block views and sunlight, to provide adequate buffering between different land uses, to provi e screening of outdoor uses and equipment, and are designed to provide aesthetic enhancement of the City. Pursuant to Development 22.20.030 and. 040, retaining walls sh 11 not exceed a height of six feet measured from the finished grade t the base of the wall. The Director may approve retaining walls up tea maximum exposed height of seven (7) feet in areas of varyi g topography or up to eight (8) feet if in the rear of the parcel. The subject request is for a retaining wall of vafying exposed height up o a maximum of 13 feet located at the rear of the parcel holding a cot into the slope in order to facilitate the placement of t e buildinglclassroom. The buildinglclassroom with a height of 12.5 fe t hides most of the wall. Lots located within the Gateway Corporate Center have heightened walls in areas of varying topography. The Planning Commission approved a request for a 13 feet high crib wall on Lot 22 for Allstate Insurance. The planting of the crib wall hides the wall height. Similarly, the buildinglclassroom hides the proposed block wall at the northeast corner of the proposed construction. Due to the varying topography and without a Variance approval, the applicant is denied the same enjoyment and privileges that other commercial lots in the City possess with similar topographic features. (1) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought. As stated in Item (k), the strict interpretation of the Development Code with regard to wall height denies the property owner the opportunity to extend the building pad to accommodate development. In this case, the wall of varying height up to a maximum of 13 feet at the northeast corner of the wall has a negligible impact because the buildinglclassroom hides it. Additionally, the existing shopping center borders the State Road 60 Freeway and the buildinglclassroom cannot be seen from that elevation or from the streetscape of Palomino Drive. Without a Variance approval, the applicant is denied the same enjoyment and privileges that other commercial lots in the City possess with similar topographic features. Granting of the Variance will allow the applicant to provide an additional accessory use, computer lab, for its enrolled students. (m) Granting the Variance is consistent with the General Plan and any applicable specific plan. The proposed retaining wall is consistent with the General Plan. This wall is hidden from view of other properties behind the buildinglclassroom and is consistent with specific strategies 1.2.4 and 2.2.1 of the Land Use Element. Though the wall is 13 feet in the northeast corner, the buildinglclassroom protects the visual character and quality of the site. Therefore, granting the Variance is consistent with the General Plan. The project site is not within a specific plan area. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. 9 City permits, inspections, and soils reports are requin construction to ensure that the finished product will not be for detrG to the public health, safety, or welfare, or materially injurious properties or improvements in the vicinity. Before the the issuance City permits, the proposed project is required to any comply w conditions within the approved resolution. i all Additionally, the pro, project is required to comply with the Building and Safety Dii Public Works Division, Fire Department, South Coast Alr C Management District, and State of California requirements. referenced agencies' involvement will ensure that the pro' project is not detrimental to the public health, safety, or we/fi materially injurious to the o (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the Califo nia Environmental Quality Act of 1970 (CEQA), Section 15303(c). ADMINISTRATIVE DEVELOPMENT REVIEW (p) The design and layout of the proposed development is consistent ith the applicable elements of the City's General Plan, City Des gn Guidelines, and development standards of the applicable distrct, design guidelines, and architectural criteria for special ar as (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site's General Plan land use designation is Gen Commercial (C). This land use designation provides for establishment of regional, freeway -oriented, andlor community n and service commercial uses. The proposed project is consistent i providing service commercial use and, therefore, is consistent with General Plan. The zoning designation for the project site is Neighboncc Commercial (C -2 -BE) which allows for a wide range of retail shopp and service uses primarily intended to serve the needs of i Diamond Bar residents. The proposed project is a separ buildinglclassroom that will add square footage to an existi commercial shopping center, which is in compliance with the C -2- j zoning designation. he proposed project's 480 square feet buildinglclassroom is portable unit that will be placed n the pad created by a retaining w N in the rear slope. The buildinglclassroom will be the same color as the existing structure. The buildinglclassroom is behind the existing commercial shopping center and is not visible from the streetscape. The proposed project's design and layout is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards. (q) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. As referenced in Item (g), the proposed project is consistent with the C -2 -BE zoning districts. Though it is a portable buildinglclassroom, it is not visible to the general public. The architectural style, materials, and colors will blend with the existing buildings. The proposed addition of 480 square feet is approximately 2.3% of the total gross floor area of existing structures on site. The computer lab will be used for the enrolled 98 students and is not expected to create traffic or pedestrian hazards. Furthermore, any future use(s)/tenant improvements require City review and approval. Therefore, the proposed 480 square foot buildinglclassroom is not anticipated to interfere with the use and enjoyment of neighboring existing or future development and will (r) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any The proposed buildinglclassroom's style is compatible with the existing buildings on site and surrounding commercial development. Therefore, the architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan. (s) The design of the proposed development will provide a desirable environment for its occupants and visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above Items (p), (q) and (r), the proposed project will provide a desirable environment for its occupants and visiting public and its neighbors through good aesthetic use of materials, 9 texture and color that will remain aesthetically appealing while variety in color, texture and a low level of maintenance. (t) The proposed development will not be detrimental to public safety or welfare or materially injurious (e.g., negative of property values or resale(s) of property) to the propei n improvements in the vicinity. City permits, inspections, and soils reports are requirs for construction to ensure that the finished product will notbe nta detri- to the public health, safety, or welfare, or materially l injurious properties or improvements in the vicinity. Before the thIne issuance City permits, the proposed project is required to comply w conditions within the approved resolution. an Additionally, the pro, project is required to comply with the Building and Safety Dii Public Works Division, Fire Department, South Coast Air G Management District, and State of California requirements. referenced agencies' involvement will ensure that the prol project is not detrimental to the public health, safety, or welf materially injurious to the ° (u) The proposed project has been reviewed in compliance with -he provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed projec is Categorically Exempt pursuant to the guidelines of the Califo is Environmental Quality Act of 1970 (CEQA), Section 15303(c). 5. Based upon the findings and conclusion set forth above, the Commission hereby approves this Application subject to the conditions: (a) The project shall substantially conform to site plan, floor pl< elevations, and retaining wall plans collectively labeled as Exhibit dated November 12, 2002, as submitted and as amended hereir (b) The shopping center site shall be cleaned and maintained in I a condition that is free of debris and graffiti both during and after e implementation of the entitlement granted herein. The removal of ii trash, debris, and refuse, shall be done only by the property own applicant or by duly permitted waste contractor, who has be authorized by the City to provide collection, transportation, a - disposal of solid waste from residential, commercial, construction, ai industrial areas within the City. It shall be the applicant's obligation insure that the waste contractor utilized has obtained permits from tl City of Diamond Bar to provide such services. BUILDING AND SAFETY (c) The building/classroom shall be State Certified and shall have handicap accessible ramp. (d) Plans shall conform to State and Local Building Codes (i.e., 2001 editions of the State of California Building Codes, Plumbing Code, Mechanical Code, Electrical Code and State Energy Code. (e) The access doors and restrooms shall be clearly marked with handicapped symbols. (f) A construction fence shall be required. (g) Applicant shall have plans approved by the Los Angeles County Fire Department. PUBLIC WORKS (h) The retaining wall shall be stucco to match the existing shopping center buildings or slump stone to enhance the decorative aspect of the portion that is seen. (i) Retaining wall plans and calculations shall be submitted to the Public Works Division for review, approval and permit. PLANNIN (j) If applicable, the applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. (k) Before the issuance of any City permits, erosion control plans shall be submitted for the City's review and approval. Measures shall be in place for construction started after September 15, through April 15. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the Applicant shall obtain any required NPDES permits. (1) The 480 square foot building/classroom shall only be used as a computer lab for the training of enrolled students. The building/classroom (computer lab) shall not be converted to a classroom for additional enrollment without the prior consent of the Planning Commission. The building/classroom shall not be used for other business uses without the Planning Commission's consent. 1 (m) The building/classroom shall be painted to match the existing shopping center. (n) Regular hours of operation shall be limited to between 6:00 a.m and 6:30 p.m. Monday through Friday. (o) The Applicant shall comply with the requirements of the tate Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall e in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to opening for students. (p) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to perio ical review. If non-compliance with conditions of approval occurs the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (q) This grant is valid for two (2) years and shall be exerdised (i.e. construction) within that period or this grant shall expire A -ne (1) year extension may be approved when submitted to the Ci y in writing at least 60 days prior to the expiration date. The Plan ing Commission will consider the extension request at a duly not ced public hearing in accordance with Chapter 22.72 of the Cit of Diamond Bar Development Code. (r) This grant shall not be effective for any purpose until the perm ttee and owner of the property involved (if other than the permittee) ave filed, within fifteen (15) days of approval of this grant, at the Ci y of Diamond Bar Community and Development Services Depart ant, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective ntil the permittee pays remaining City processing fees. (s) If the Department of Fish and Game determines that Fish and G; Code Section 711.4 applies to the approval of this project, then applicant shall remit to the City, within five days of this gr approval, a cashier's check of $25.00 for a documentary handlinc in connection with Fish and Game Code requirements. Furtherm if this project is not exempt from a filing fee imposed because project has more than a deminimis impact on fish and wildlife, applicant shall also pay to the Department of Fish and Such fee and any fine which the Department determines to be ov 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 AP Diamond Bar, L.L.C., 12383 Lewis St., Suite 200, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe Ruzicka, Chair n --J I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of November, 2002, by the following vote: AYES: COMMISSIONERS: Tye, Tanaka, Nelson, V/C Tye, C/Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: Janie DeStefan , Secretary 1