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HomeMy WebLinkAboutPC 2006-41PLANNING COMMISSION RESOLUTION NO. 2006-41 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-14, A REQUEST TO PERMIT A SCHOOL/TUTORIAL CENTER WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS DIAMOND BAR VILLAGE CENTER. THE PROJECT SITE IS LOCATED AT 23459 GOLDEN SPRINGS DRIVE (APN: 8717-008-185, LOT 1, PARCEL MAP 61-76), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, 2936 Main Street Associates, LLC and applicant, Advent Learning, LLC, have filed an application for Conditional Use Permit No. 2006-14, for a property located at 23459 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On September 29, 2006, public hearing notices were mailed to approximately 53 property owners within a 500 -foot radius of the project site. On September 29, 2006, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 10, 2006, the Planning Commission of the City of Diamond Bar 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: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Diamond Bar Village Center located at the North-West Corner of Golden Springs Drive and Diamond Bar Boulevard. The proposed use will occupy a space addressed 23459 Golden Springs Drive. The Shopping Center is approximately 4.17 acres divided into two parcels containing approximately 69,825 square feet of structure, which accommodates retail, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Unlimited Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: General Commercial (C-3) zone; South: Limited Multiple Residential- 1 Unit (R-3-1 U) zone; East: General Commercial (C-2) zone; West: Single Family Residential -Minimum Lot Size 8,000 (R-1- 8,000) zone; (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a school/Tutorial Center that facilitates student's educational needs. The proposed studio will be 2 Planning Commission Resolution No. 2006-41 identified as Advent Learning, LLC. The proposed use will occupy a vacant unit of approximately 1,400 square feet located between Gourmet Essentials and Village Liquor. The unit will consist of a lobby with a reception area, one conference room, two offices, one classroom„ one storage room, and a restroom. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The proposed Advent Learning, LLC is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed Advent Learning LLC is considered a school use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity,; The project site is approximately 4.17 acres and developed with an existing stopping center of approximately 69,825 square feet of structure with landscaping and approximately 218 parking spaces. The School/Tutorial center will occupy an existing vacant unit of approximately 1,400 square feet located at 23459 Golden Springs Drive. The proposed use will not cause the addition of square footage to the shopping center, nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. 3 Planning Commission Resolution No. 2006-41 According to the Development Code Section 22.30.030, Table 3-10, it is required that nine parking spaces be provided for the proposed School Tutorial Center. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. Based on the Parking Analysis and considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Tutorial classes are offered and patrons' multiple purposes for visiting a shopping center, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; Advent Learning, LLC, as referenced above in Items (0 and (h, meets the required development standards for C2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is an existing and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (0 through (j), Advent Learning, LLC, as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, 4 Planning Commission Resolution No. 2006-41 convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) 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 Art (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated September 28, 2006, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: -Days of Operation Monday through Sunda Hours of Operation Monday through Sunday: 8:00 a.m. to 8:00 p.m. (Monday through Friday Classes: 2:00 p.m. to 8:00 p.m. only) Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (c) This Conditional Use Permit shall be valid only for 23459 Golden Springs. If Advent Learning, LLC moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; (d) Each class shall not exceed 12 students per class 5 Planning Commission Resolution No. 2006-41 Building & Safety Division (d) Fire Department approval will be required. Please contact the Fire Department; (e) The Proposed tenant improvements shall comply with the provisions of the 2001 California Building Code. Specify type of construction and sprinkler system requirements; (f) Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. Show detail for separation between school and other tenants. Provide code analysis; (g) Note on plans "separate permit is required for all wall and monument signs;" (h) The project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.,) also shall comply with construction fencing; (i) Number of accessible parking shall be in compliance with title 24 accessibility requirements including van and other accessible parking. Provide compliance with van accessible parking, path of travel clearly on site plan for entire project. Including all buildings, total parking, width of path of travel, maximum slope and cross slope, signage, accessible restroom; Q) Reception counter shall comply with title 24 accessibility requirements also, show compliance with lever type hardware; (k) Provide exit analysis showing occupant load for each space, exit width, exit signs (existing and new). 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: Mr. Ben Wei, 1826 Calle Balleza, Rowland Heights, CA 91748. 6 Planning Commission Resolution No. 2006-41 APPROVED AND ADOPTED THIS 10th OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ak')fkL, /t,, Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: Tori:¢, Lee, Nolen, vc/NQ,son NOES: Commissioners: Nor).e ABSTAIN: Commissioners: Nor -e ABSENT: Commissioners:: ATTEST: Nancy Fong,IPecreta i 7 Planning Commission Resolution No. 2006-41 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-14 SUBJECT: Operation of School/Tutorial Center within an existing Shopping Center APPLICANT: Advent Learning, LLC. LOCATION: 23459 Golden Springs Drive, Diamond Bar, CA 91.765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-14 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. 8 Planning Commission Resolution No. 2006-41 (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. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-14, 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. Advent Learning, LLC and 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the 9 Planning Commission Resolution No. 2006-41 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 Conditional Use Permit 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 referenced herein as Exhibit "A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. 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. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. 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. 10 Planning Commission Resolution No. 2006-41 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 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 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. END 11 Planning Commission Resolution No. 2006-41 PLANNING COMMISSION RESOLUTION NO. 2006-41 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-14, A REQUEST TO PERMIT A SCHOOL/TUTORIAL CENTER WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS DIAMOND BAR VILLAGE CENTER. THE PROJECT SITE IS LOCATED AT 23459 GOLDEN SPRINGS DRIVE (APN: 8717-008-185, LOT 1, PARCEL MAP 61-76), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, 2936 Main Street Associates, LLC and applicant, Advent Learning, LLC, have filed an application for Conditional Use Permit No. 2006-14, for a property located at 23459 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On September 29, 2006, public hearing notices were mailed to approximately 53 property owners within a 500 -foot radius of the project site. On September 29, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 10, 2006, the Planning Commission of the City of Diamond Bar 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. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt in accordance to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Diamond Bar Village Center located at the North-West Corner of Golden Springs Drive and Diamond Bar Boulevard. The proposed use will occupy a space addressed 23459 Golden Springs Drive. The Shopping Center is approximately 4.17 acres divided into two parcels containing approximately 69,825 square feet of structure, which accommodates retail, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Unlimited Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: General Commercial (C-3) zone; South: Limited Multiple Residential- 1 Unit (R-3-1 U) zone; East: General Commercial (C-2) zone; West: Single Family Residential -Minimum Lot Size 8,000 (R-1 - 8,000) zone; (e) Pursuant to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a school/Tutorial Center that facilitates student's educational needs. The proposed studio will be 2 Planning Commission Resolution No. 2006-41 identified as Advent Learning, LLC. The proposed use will occupy a vacant unit of approximately 1,400 square feet located between Gourmet Essentials and Village Liquor. The unit will consist of a lobby with a reception area, one conference room, two offices, one classroom„ one storage room, and a restroom. Conditional Use Permit (f) (9) 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 the Development Code and the Municipal Code; The proposed Advent Learning, LLC is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed Advent Learning LLC is considered a school use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity;; The project site is approximately 4.17 acres and developed with an existing shopping center of approximately 69,825 square feet of structure with landscaping and approximately 218 parking spaces. The School/Tutorial center will occupy an existing vacant unit of approximately 1,400 square feet located at 23459 Golden Springs Drive. The proposed use will not cause the addition of square footage to the shopping center; nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. 3 Planning Commission Resolution No. 2006-41 According to the Development Code Section 22.30.030, Table 3-10, it is required that nine parking spaces be provided for the proposed School/Tutorial Center. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. (i) U) Based on the Parking Analysis and considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Tutorial classes are offered and patrons' multiple purposes for visiting a shopping center, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; Advent Learning, LLC, as referenced above in Items (0 and (h, meets the required development standards for C2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is an existing and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (t) through U), Advent Learning, LLC, as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, 4 Planning Commission Resolution No. 2006-41 convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) 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) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated September 28, 2006, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Sunday Hours of Operation Monday through Sunday: 8:00 a.m. to 8:00 p.m. (Monday through Friday Classes: 2:00 p.m. to 8:00 p.m. only) Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (c) This Conditional Use Permit shall be valid only for 23459 Golden Springs. If Advent Learning, LLC moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; (d) Each class shall not exceed 12 students per class. 5 Planning Commission Resolution No. 2006-41 Building & Safety Division (d) Fire Department approval will be required. Please contact the Fire Department; (e) The Proposed tenant improvements shall comply with the provisions of the 2001 California Building Code. Specify type of construction and sprinkler system requirements; M (9) Applicant shall submit drawings and calculations prepared by a licensed Arch itect/Engineer with wet stamp and signature. Show detail for separation between school and other tenants. Provide code analysis; Note on plans "separate permit is required for all wall and monument signs;" (h) The project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.,) also shall comply with construction fencing; (i) U) Number of accessible parking shall be in compliance with title 24 accessibility requirements including van and other accessible parking. Provide compliance with van accessible parking, path of travel clearly on site plan for entire project. Including all buildings, total parking, width of path of travel, maximum slope and cross slope, signage, accessible restroom; Reception counter shall comply with title 24 accessibility requirements also, show compliance with lever type hardware; (k) Provide exit analysis showing occupant load for each space, exit width, exit signs (existing and new). 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: Mr. Ben Wei, 1826 Calle Balleza, Rowland Heights, CA 91748. 6 Planning Commission Resolution No. 2006-41 APPROVED AND ADOPTED THIS 10th OF OCTOBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: --- Steve Nelson, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 10th day of October 2006, by the following vote: AYES: Commissioners: Torng, Lee, Nolan, VC/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: ATTEST: We 7 Planning Commission Resolution No. 2006-41 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-14 SUBJECT: Operation of School/Tutorial Center within an existing Shopping Center APPLICANT: Advent Learning, LLC. LOCATION: 23459 Golden Springs Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2006-14 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. 8 Planning Commission Resolution No. 2006-41 (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. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-14, 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. Advent Learning, LLC and 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the 9 Planning Commission Resolution No. 2006-41 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 Conditional Use Permit 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 referenced herein as Exhibit "A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. 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. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. 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. 10 Planning Commission Resolution No. 2006-41 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 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 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. END 11 Planning Commission Resolution No. 2006-41