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HomeMy WebLinkAboutPC 2007-12PLANNING COMMISSION RESOLUTION NO. 2007-12 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-43, A REQUEST TO OPERATE AND EXISTING SCHOOL FOR KINDERGARTEN TO EIGHT GRADE WITHIN AN EXISTING TWO-STORY OFFICE BUILDING. THE PROJECT SITE IS LOCATED AT 1019 VIA SORELLA STREET (APN: 8763-001-034), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Ying Akkos has filed an application for Development Review No. 2006-43 for a property located at 1019 Via Sorella Street, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On February 11, 2007, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site and the notice was posted in three public places. The project site was posted with a display board on February 14, 2007. On February 16, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On February 27, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, if is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 'I. 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 15303 (c) 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 the next to last parcel on Via Sorella Street. It is rectangular shaped and approximately 16,186 square feet. The project site is developed with a two-story office building of approximately 3,994 square feet. (b) The project site has a General Plan land use designation of Commercial Office (CO). (c) The zoning designation for the project site is Commercial Office (CO). (d) Generally the following zones and uses surround the project site: to the north is the CO zoning district and Self -Storage Facility & SR -10 Freeway; to the south is the SR -57 Freeway; to the east is the CO and office building (Walnut Pools, etc) & SR -57 Freeway; and to the west are the CO & R-1-8,000 zoning districts and a self -storage facility & single-family residences. (e) In accordance to Development Code Section 22.48, this application is a request for Development Review approval to operate and obtain the appropriate permits for an existing school that tutors English, Chinese, Math, flute and- piano to kindergarten- through eight grade students Development Review (f) The proposed office building was built prior to the City's incorporation and under the jurisdiction of Los Angeles County with the appropriate permits. The project site has a General Plan land use designation of Commercial Office (CO) which provides for the establishment of diverse, mixed uses for commercial retail, office and services uses. The school is a service use which is consistent with the General Plan land use designation for the project site. A specific plan, area theme, planned development, etc., does not exist for the project site or area. (g) As discussed in Finding (f) above, the project site was developed prior to the City's incorporation. Via Sorella Street is a small cul-de-sac 2 Planning Commission Resolution No. 2007-12 DR 2005-43 which supports three small businesses. This street provides access for only the three businesses. Since this is an existing small-scale school, it is not expected to create traffic or pedestrian hazards. It is surrounded by the CO zoning district and a self -storage facility and freeway to the north; a freeway to the south; and the remaining two businesses on Via Sorella Street to the east and west. All parking and school facilities are on-site. Therefore, the design and layout of the existing school will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (h) As discussed in Finding (f) above, the project site was developed prior to the City's incorporation. The proposed project does not alter the existing building in any way. However, landscaping improvements along with resurfacing the parking area, repairing the driveway and restriping the parking lot area will be done in phases within a six month time frame to accommodate the applicant's budget. These improvements will enhance the project site and provide a harmonious project site. (i) As discussed in Findings (f), (g) and (h) above, the project site was developed prior to the City's incorporation. The subject school does not require exterior alterations to the building. As conditioned, general clean-up and repairs to the project site will provide a desirable environment for it occupants and visiting public as well as its neighbors. (j) As referenced above in Findings (f) through (j), the subject school, 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 Development Review approval 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. (k) 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 in accordance to Section 15303 (c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3 Planning Commission Resolution No. 2007-12 DR 2006-43 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 referenced as Exhibit "A" dated February 27, 2007, as submitted, amended herein and approved by the Planning Commission. (b) This approval is for tutoring school only. Day care operation shall not be allowed unless the applicant obtains approval of a Conditional Use Permit. (c) Hours of operation and operating characteristics shall be as follows: Das of Operation Monday through Saturday Hours of Operation Monday through Friday: 3:30 p.m. to 6:00 p.m.; Saturday: 9:30 a.m. to 12 noon and individual lessons from 9:00 a.m. to 8:00 P.M. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (d) Any future expansion or intensification of the school shall require approval of an amendment to Development Review No. 2006-43 and an on-site parking study. (e) Within six month of this approval, the applicant shall reseed_ the grass areas at the project site and modify the parking area and access to the site to the satisfaction of the Community Development Director. (f) In the future, if the school is expanded or demolished and rebuilt, the property owner shall connect to a public sewer system. The property owner shall pay its fair -share for the connection to a public sewer system and may be required to reimburse the fair -share cost to the adjacent property owner of 1009 Via Sorella Street who will most likely connect to a sewer system before the property owner of the subject property (1019 Via Sorella Street). (g) If the access area beyond the cul-de-sac is vacated, the applicant shall agree to a common access easement with the adjacent property at 1009 Via Sorella Street. 4 Planning Commission Resolution No. 2007-12 DR 2006-43 (h) If the access area beyond the cul-de-sac is vacated, the applicant shall repair and repave the access easement that fronts their property when the adjacent property at 1009 Via Sorella Street repairs and repaves the access easement that fronts their property. (i) Within 30 days of this approval, the applicant shall repair the existing fence at the front of the project site, store trash receptacles out of public view and do general clean-up of the site. (j) Special events shall require approval of a Temporary Use Permit. (k) Signs for the project site shall be approved by the Planning Division. (1) The Planning Commission shall review this application for compliance within six months of this approval. Building & Safety Division (m) Fire Department approval shall be required. (n) This project shall comply with all handicap accessibility code requirements including accessible parking including van parking, path of travel, elevations, restrooms, drinking fountains, reception counter. (o) Separate permit shall be required for all wall and monument signs. (p) Plans shall show the location of all tempered glass as required by code. 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: Ms. Ying Akkos, 1019 Via Sorella Street, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: -19?" teve Nelson, Chairman 5 Planning Commission Resolution No. 2007-12 DR 2006-43 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 27th day of February 2007, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners AFRSENT: Commissioners: ATTEST: Wei; Lee; Nolan; VC/Torng; Chair/Nelson None None None 6 Planning Commission Resolution No. 2007-12 OR 2006-43 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-43 SUBJECT: Operation of school within an existing office building APPLICANT: Ying Akkos, AP Learning Center. LOCATION: 1019 Via Sorella Street, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT, APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 339-7030, 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 7 Planning Commission Resolution No. 2007-12 DR 2006-43 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 Development Review No. 2006-43, 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. 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 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 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in 8 Planning Commission Resolution No. 2007-12 DR 2006-43 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 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 Development Review shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Development Review. The Commission may revoke or modify the Development Review. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. :i. 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. 9 Planning Commission Resolution No. 2007-12 DR 2006-43 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 PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1" and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 10 Planning Commission Resolution No. 2007-12 DR 2006-43 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 3. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. C. DRAINAGE Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 4. Applicant shall provide exit analysis showing occupant load for each space, exit width, exit signs, etc. Adequate exit requirements shall be verified. The distance between required exits shall be % of the building diagonal. 5. Applicant shall indicate the proposed us of existing building on the plans and submit code analysis and justification showing the following: a. Building square foot b. Building height C. Type of construction d. Sprinkler system e. Each group occupancy 11 Planning Commission Resolution No. 2007-12 DR 2006-43 f. Property line location in relation to the building g. Accessibility analysis for the entire site and building h. Shaft rating/ exterior walls construction/ opening protection (if applicable) 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 of improvements in accordance with Fire Department requirements. END 12 Planning Commission Resolution No. 2007-12 DR 2006-43 PLANNING COMMISSION RESOLUTION NO. 2007-12 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-43, A REQUEST TO OPERATE AND EXISTING SCHOOL FOR KINDERGARTEN TO EIGHT GRADE WITHIN AN EXISTING TWO-STORY OFFICE BUILDING. THE PROJECT SITE IS LOCATED AT 1019 VIA SORELLA STREET (APN: 8763-001-034), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owner, Ying Akkos has filed an application for Development Review No. 2006-43 for a property located at 1019 Via Sorella Street, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On February 11, 2007, public hearing notices were mailed to approximately 40 property owners within a 500 -foot radius of the project site and the notice was posted in three public places. The project site was posted with a display board on February 14, 2007. On February 16, 2007, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On February 27, 2007, 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 15303 (c) 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 the next to last parcel on Via Sorella Street. It is rectangular shaped and approximately 16,186 square feet. The project site is developed with a two-story office building of approximately 3,994 square feet. (b) The project site has a General Plan land use designation of Commercial Office (CO). (c) The zoning designation for the project site is Commercial Office (CO). (d) Generally the following zones and uses surround the project site: to the north is the CO zoning district and Self -Storage Facility & SR -10 Freeway; to the south is the SR -57 Freeway; to the east is the CO and office building (Walnut Pools, etc) & SR -57 Freeway; and to the west are the CO & R-1-8,000 zoning districts and a self -storage facility & single-family residences. (e) In accordance to Development Code Section 22.48, this application is a request for Development Review approval to operate and obtain the appropriate permits for an existing school that tutors English, Chinese, Math, flute and piano to kindergarten- through eight grade students Development Review M (9) The proposed office building was built prior to the City's incorporation and under the jurisdiction of Los Angeles County with the appropriate permits. The project site has a General Plan land use designation of Commercial Office (CO) which provides for the establishment of diverse, mixed uses for commercial retail, office and services uses. The school is a service use which is consistent with the General Plan land use designation for the project site. A specific plan, area theme, planned development, etc., does not exist for the project site or area. As discussed in Finding (f) above, the project site was developed prior to the City's incorporation. Via Sorella Street is a small cul-de-sac 2 Planning Commission Resolution No. 2007-12 DR 2006-43 which supports three small businesses. This street provides access for only the three businesses. Since this is an existing small-scale school, it is not expected to create traffic or pedestrian hazards. It is surrounded by the CO zoning district and a self -storage facility and freeway to the north; a freeway to the south; and the remaining two businesses on Via Sorella Street to the east and west. All parking and school facilities are on-site. Therefore, the design and layout of the existing school will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (h) As discussed in Finding (f) above, the project site was developed prior to the City's incorporation. The proposed project does not alter the existing building in any way. However, landscaping improvements along with resurfacing the parking area, repairing the driveway and restriping the parking lot area will be done in phases within a six month time frame to accommodate the applicant's budget. These improvements will enhance the project site and provide a harmonious project site. (i) U) As discussed in Findings (f), (g) and (h) above, the project site was developed prior to the City's incorporation. The subject school does not require exterior alterations to the building. As conditioned, general clean-up and repairs to the project site will provide a desirable environment for it occupants and visiting public as well as its neighbors. As referenced above in Findings (f) through U), the subject school, 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 Development Review approval 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. (k) 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 in accordance to Section 15303 (c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3 Planning Commission Resolution No. 2007-12 DR 2006-43 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 referenced as Exhibit "A" dated February 27, 2007, as submitted, amended herein and approved by the Planning Commission. (b) This approval is for tutoring school only. Day care operation shall not be allowed unless the applicant obtains approval of a Conditional Use Permit. (c) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Saturday Hours of Operation Monday through Friday: 3:30 p.m. to 6:00 p.m.; Saturday: 9:30 a.m. to 12 noon and individual lessons from 9:00 a.m. to 8:00 p.m. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (d) Any future expansion or intensification of the school shall require approval of an amendment to Development Review No. 2006-43 and an on-site parking study. (e) Within six month of this approval, the applicant shall reseed the grass areas at the project site and modify the parking area and access to the site to the satisfaction of the Community Development Director. (f) (9) In the future, if the school is expanded or demolished and rebuilt, the property owner shall connect to a public sewer system. The property owner shall pay its fair -share for the connection to a public sewer system and may be required to reimburse the fair -share cost to the adjacent property owner of 1009 Via Sorella Street who will most likely connect to a sewer system before the property owner of the subject property (1019 Via Sorella Street). If the access area beyond the cul-de-sac is vacated, the applicant shall agree to a common access easement with the adjacent property at 1009 Via Sorella Street. 4 Planning Commission Resolution No. 2007-12 DR 2006-43 (h) If the access area beyond the cul-de-sac is vacated, the applicant shall repair and repave the access easement that fronts their property when the adjacent property at 1009 Via Sorella Street repairs and repaves the access easement that fronts their property. (i) Within 30 days of this approval, the applicant shall repair the existing fence at the front of the project site, store trash receptacles out of public view and do general clean-up of the site. (j) Special events shall require approval of a Temporary Use Permit. (k) Signs for the project site shall be approved by the Planning Division. (I) The Planning Commission shall review this application for compliance within six months of this approval. Building & Safety Division (m) Fire Department approval shall be required. (n) This project shall comply with all handicap accessibility code requirements including accessible parking including van parking, path of travel, elevations, restrooms, drinking fountains, reception counter. (o) Separate permit shall be required for all wall and monument signs. (p) Plans shall show the location of all tempered glass as required by code. 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: Ms. Ying Akkos, 1019 Via Sorella Street, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 27th OF FEBRUARY 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 5 Planning Commission Resolution No. 2007-12 DR 2006-43 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 27th day of February 2007, by the following vote: AYES: Commissioners: Wei; Lee; Nolan; VC/Torng; Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: 6 Planning Commission Resolution No. 2007-12 DR 2.005-43 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PR03IEC-F #: Development Review No. 2006-43 SUBJECT: Operation of school within an existing office building APPLICANT: Ying Akkos, AP Learning Center. LOCATION: 1019 Via Sorella Street, 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. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 7 Planning Commission Resolution No. 2007-12 DR 2006-43 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 Development Review No. 2006-43, 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. 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 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 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in 8 Planning Commission Resolution No. 2007-12 DR 2006-43 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 Development Review shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Development Review. The Commission may revoke or modify the Development Review. 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. 9 Planning Commission Resolution No. 2007-12 DR 2006-43 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 PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1 All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 10 Planning Commission Resolution No. 2007-12 DR 2006-43 2. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 3. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. C. DRAINAGE 1 Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 4. Applicant shall provide exit analysis showing occupant load for each space, exit width, exit signs, etc. Adequate exit requirements shall be verified. The distance between required exits shall be %2 of the building diagonal. 5. Applicant shall indicate the proposed us of existing building on the plans and submit code analysis and justification showing the following: a. Building square foot b. Building height c. Type of construction d. Sprinkler system e. Each group occupancy 11 Planning Commission Resolution No. 2007-12 DR 2006-43 f. Property line location in relation to the building g. Accessibility analysis for the entire site and building h. Shaft rating/ exterior walls construction/ opening protection (if applicable) 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 of improvements in accordance with Fire Department requirements. END 12 Planning Commission Resolution No. 2007-12 DR 2006-43