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HomeMy WebLinkAboutPC 2006-33A. PLANNING COMMISSION RESOLUTION NO. 2006-33 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISION APPROVING DEVELOPMENT REVIEW NO. 2006-23, CONDITIONAL USE PERMIT NO. 2000-03(2) AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO MODIFY THE EXISTING PERMIT TO ADD 1,200 SQUARE FEET FROM AN ADJOINING RETAIL SUITE FOR A MONTESSORI ELEMENTARY SCHOOL CLASSROOM USE WITH INTERIOR TENANT IMPROVEMENTS TO CONNECT TO THE EXISTING PERMITTED USES. THE PROJECT ADDRESS IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757, APN 8281-024- 053), DIAMOND BAR, CA. RECITALS The property owner, AP Diamond Bar, LLC, and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03(2) for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On August 8, 2000, the Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000-03 and Categorical Exemption, and approved such per Planning Commission Resolution No. 2000-14. 3. On August 29, 2000, the Director approved a Minor Variance No. 2000-11 to reduce the required parking based on a parking analysis and findings of fact. 4. On August 12, 2003, the Planning Commission Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000-03(1) and Categorical Exemption, and approved such per Planning Commission Resolution No. 2003-26. 5. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 6. On August 8, 2006, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. B. 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 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 there under. This is pursuant to Section 15301(a) 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 commercial site is a strip center on Palomino Drive off Diamond Bar Boulevard behind the Chevron station. It is an irregular shaped parcel of 3.3 acres (144,619 SF) in size. The legal non -conforming shopping center was built in 1980 and contains professional office, restaurants with alcohol sales, personal care services for hair/nails, and the Montessori private school and child day care center uses. (b) The General Plan Land Use designation is General Commercial (C) and Community Commercial -Billboard Exclusion (C -2 -BE) is the zoning. (c) The following zones surround the project site: to the north are the SR 57 and SR 60 freeway junction; to the west is Regional Commercial C-3 Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the Regional Commercial C-3 Zone. 2 Planning Commission Resolution No.2006-33 (d) The application requests the approval of plans to modify an adjoining 1,200 square feet retail suite to a Montessori Elementary School classroom with interior tenant improvements to connect with the existing school and add bathrooms. CONDITIONAL USE PERMIT (e) The proposed use is allowed in 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. In accordance to Municipal Code Section 22.66.060(2), the original review authority, Planning Commission, shall consider changes that were a part of the review authority's consideration. The change in the number of students applies. Per Municipal Code Section 22.9 0.030, Table 2-6, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. The private Montessori School changes the use from retail to school and requires Development Review. The highest authority level performs the review and approval. As conditioned, the proposed uses comply with all other applicable provisions of the Development Code and Municipal Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The uses are service commercial and consistent with the General Plan. There is no change to the site's exterior configuration. The site's architectural style, construction materials and colors, are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan. A specific plan does not exist for the project site. (g) 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 uses are in the existing legal non -conforming commercial center processed by Los Angeles County in 9980. The 3 Planning Commission Resolution No.2006-33 center does not meet the current Development Code's setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site is in the Community Commercial — Billboard Exclusion Zone (C -2 - BE). The C -2 -BE Zone permits a child day care center with the approval of a Conditional Use Permit and Montessori School with a Development Review. Both are conforming uses. There is no change to the site's exterior configuration and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking, loading, landscaping and other development features prescribed in the Code. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. The proposed project enlarges the private school use. The Applicant is required to obtain approvals from the Los Angeles County Fire Department and State of California, Health and Welfare Agency. The operating characteristics are 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. The proposed project involves adding square footage for the Montessori elementary school use. This adds students to the enrollment and requires the Conditional Use Permit to be reviewed and approved. The additional interior square footage does not alter the commercial center's physical appearance. Access for the site exists and is adequate. Utilities exist 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. State of California, Health and Welfare Agency, Los Angeles County Fire Department, Los Angeles County Business Licensing, and City Building and Safety inspections and approvals are required for the addition of 9,200 square feet to the existing uses. The inspections and appropriate licenses and operational conditions listed in this resolution will ensure that the facility will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. 4 Planning Commission Resolution No.2006-33 (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically, exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(e). (k) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). As referenced in findings (e), (t), (g), (h) and (i), the design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines. (1) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The project site is adequately served by Palomino Drive and Diamond Bar Boulevard. Palomino Drive is designed to provide an ingress/egress to the project site and Diamond Bar Boulevard is designed to handle traffic created by this type of development. (m) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. As referenced in findings (e), (t), (g), (h) and (i), there are no changes proposed in the architectural design of the existing retail shopping center. (n) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. As referenced in findings (e), (t), (g), (h) and (i), there are no changes proposed in the architectural design of the existing retail shopping center. 5 Planning Commission Resolution No.2006-33 (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. As referenced in finding (i), the proposed development will not be detrimental to the public health, safety or welfare or materially injurious. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In accordance to the provisions of the California Environmental Quality Act (CEQA) Section 15301(e), the City has determined that this project is categorically exempt. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following and attached Standard Conditions: (a) Planning Commission Resolution Nos. 2000-14, and 2003-26 shall remain in full force and effect except as amended herein. (b) The Applicant shall comply with the requirements of the State 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 be in compliance with all requirements of said agencies at all times and receive all approvals and licenses. 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, LLC, 310 Golden Shore, #300, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. 6 Planning Commission Resolution No.2006-33 APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: 4671 eve Nelson, Vice -Chairman I, Nancy Fong, 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 8th day of August, 2006, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Lee, Wei, Tomg, VC/Nelson None. None. None. 7 Planning Commission Resolution No.2006-33 � IIl:L�111TU 6:11.;COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS AND COMMERCIAL STRUCTURES PROJECT #: DR 2006-38/CUP 2000-03(2) SUBJECT: Modification of Retail Suite to School Classroom APPLICANT: Diamond Bar Montessori Academy LOCATION: 23555 Palomino Drive 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 Development Review No. 2006-23, Conditional Use Permit No. 2000-03-(2) 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 descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 8 Planning Commission Resolution No.2006-33 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 06-23, Conditional Use Permit No. 2000-03-(2), at the City of Diamond Bar Community and Development Services 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. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-33, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. 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. 9. All site plans, floor plans and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 9 Planning Commission Resolution No.2006-33 B. FEESIDEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2006-23, Conditional Use Permit No. 2000-03-(2) shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commissions collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. 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. 3. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 10 Planning Commission Resolution No.2006-33 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. 6. Separate permit shall be required for all walls, fences, and accessory structures. 7. Fire Department aipproval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. 11 Planning Commission Resolution No.2006-33 b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 9. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 12 Planning Commission Resolution No.2006-33 PLANNING COMMISSION RESOLUTION NO. 2006-33 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISION APPROVING DEVELOPMENT REVIEW NO. 2006-23, CONDITIONAL USE PERMIT NO. 2000-03(2) AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO MODIFY THE EXISTING PERMIT TO ADD 1,200 SQUARE FEET FROM AN ADJOINING RETAIL SUITE FOR A MONTESSORI ELEMENTARY SCHOOL CLASSROOM USE WITH INTERIOR TENANT IMPROVEMENTS TO CONNECT TO THE EXISTING PERMITTED USES. THE PROJECT ADDRESS IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757, APN 8281-024- 053), DIAMOND BAR, CA. A. RECITALS 1 The property owner, AP Diamond Bar, LLC, and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03(2) for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On August 8, 2000, the Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000-03 and Categorical Exemption, and approved such per Planning Commission Resolution No. 2000-14. 3. On August 29, 2000, the Director approved a Minor Variance No. 2000-11 to reduce the required parking based on a parking analysis and findings of fact. 4. On August 12, 2003, the Planning Commission Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000-03(1) and Categorical Exemption, and approved such per Planning Commission Resolution No. 2003-26. 5. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 6. On August 8, 2006, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. 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 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 there under. This is pursuant to Section 15301(a) 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 commercial site is a strip center on Palomino Drive off Diamond Bar Boulevard behind the Chevron station. It is an irregular shaped parcel of 3.3 acres (144,619 SF) in size. The legal non -conforming shopping center was built in 1980 and contains professional office, restaurants with alcohol sales, personal care services for hair/nails, and the Montessori private school and child day care center uses. (b) The General Plan Land Use designation is General Commercial (C) and Community Commercial -Billboard Exclusion (C -2 -BE) is the zoning. (c) The following zones surround the project site: to the north are the SR 57 and SR 60 freeway junction; to the west is Regional Commercial C-3 Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the Regional Commercial C-3 Zone. 2 Planning Commission Resolution No.2006-33 (d) The application requests the approval of plans to modify an adjoining 1,200 square feet retail suite to a Montessori Elementary School classroom with interior tenant improvements to connect with the existing school and add bathrooms. CONDITIONAL USE PERMIT (e) The proposed use is allowed in 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. (f) (9) In accordance to Municipal Code Section 22.66.060(2), the original review authority, Planning Commission, shall consider changes that were a part of the review authority's consideration. The change in the number of students applies. Per Municipal Code Section 22.10.030, Table 2-6, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. The private Montessori School changes the use from retail to school and requires Development Review. The highest authority level performs the review and approval. As conditioned, the proposed uses comply with all other applicable provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The uses are service commercial and consistent with the General Plan. There is no change to the site's exterior configuration. The site's architectural style, construction materials and colors, are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan. A specific plan does not exist for the project site. 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 uses are in the existing legal non -conforming commercial center processed by Los Angeles County in 1980. The 3 Planning Commission Resolution No.2006-33 center does not meet the current Development Code's setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site is in the Community Commercial - Billboard Exclusion Zone (C -2 - BE). The C -2 -BE Zone permits a child day care center with the approval of a Conditional Use Permit and Montessori School with a Development Review. Both are conforming uses. There is no change to the site's exterior configuration and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking, loading, landscaping and other development features prescribed in the Code. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. The proposed project enlarges the private school use. The Applicant is required to obtain approvals from the Los Angeles County Fire Department and State of California, Health and Welfare Agency. The operating characteristics are 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. The proposed project involves adding square footage for the Montessori elementary school use. This adds students to the enrollment and requires the Conditional Use Permit to be reviewed and approved. The additional interior square footage does not alter the commercial center's physical appearance. Access for the site exists and is adequate. Utilities exist and are adequate to serve the proposed use. 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. State of California, Health and Welfare Agency, Los Angeles County Fire Department, Los Angeles County Business Licensing, and City Building and Safety inspections and approvals are required for the addition of 1,200 square feet to the existing uses. The inspections and appropriate licenses and operational conditions listed in this resolution will ensure that the facility will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. 4 Planning Commission Resolution No.2006-33 U) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(e). (k) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). (I) (m) As referenced in findings (e), (t), (g), (h) and (i), the design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines. The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The project site is adequately served by Palomino Drive and Diamond Bar Boulevard. Palomino Drive is designed to provide an ingress/egress to the project site and Diamond Bar Boulevard is designed to handle traffic created by this type of development. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan. As referenced in findings (e), (t), (g), (h) and (i), there are no changes proposed in the architectural design of the existing retail shopping center. (n) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. As referenced in findings (e), (f), (g), (h) and (i), there are no changes proposed in the architectural design of the existing retail shopping center. 5 Planning Commission Resolution No.2006-33 (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. (p) As referenced in finding (i), the proposed development will not be detrimental to the public health, safety or welfare or materially injurious. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In accordance to the provisions of the California Environmental Quality Act (CEQA) Section 15301(e), the City has determined that this project is categorically exempt. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following and attached Standard Conditions: (a) Planning Commission Resolution Nos. 2000-14, and 2003-26 shall remain in full force and effect except as amended herein. (b) The Applicant shall comply with the requirements of the State 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 be in compliance with all requirements of said agencies at all times and receive all approvals and licenses. 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, LLC, 310 Golden Shore, #300, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. 6 Planning Commission Resolution No.2006-33 APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Nancy Fong, 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 8th day of August, 2006, by the following vote: AYES: Commissioners: Lee, Wei, Torng, VC/Nelson NOES: Commissioners: None. ABSENT: Commissioners: None. ABSTAIN: Commissioners: None. ATTEST: 7 Planning Commission Resolution No.2006-33 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS AND COMMERCIAL STRUCTURES PROJECT #: DR 2006-38/CUP 2000-03(2) SUBJECT: Modification of Retail Suite to School Classroom APPLICANT: Diamond Bar Montessori Academy LOCATION: 23555 Palomino Drive 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 Development Review No. 2006-23, Conditional Use Permit No. 2000-03-(2) 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 descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 8 Planning Commission Resolution No.2006-33 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 06-23, Conditional Use Permit No. 2000-03-(2), at the City of Diamond Bar Community and Development Services 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. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2006-33, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. 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. 9. All site plans, floor plans and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 9 Planning Commission Resolution No.2006-33 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No. 2006-23, Conditional Use Permit No. 2000-03-(2) shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled hereto as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. 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. 3. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 10 Planning Commission Resolution No.2006-33 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. 6. Separate permit shall be required for all walls, fences, and accessory structures. 7. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. 11 Planning Commission Resolution No.2006-33 b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1 /2 inch in any dimension except where such openings are equipped with sash or door. 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 9. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. END 12 Planning Commission Resolution No.2006-33