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HomeMy WebLinkAboutPC 2007-24PLANNING COMMISSION RESOLUTION NO. 2007-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2007-05, A REQUEST TO APPROVE LEE'S REVIEW AND LEARNING CENTER OPERATING WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS PLAZA DIAMOND BAR. THE PROJECT SITE IS LOCATED AT 2040 S. BREA CANYON ROAD, SUITE 240 (APN: 8765-001-007), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Jong Hoon Lee, have filed an application for Conditional Use Permit No. 2007-05, for a property located at 2040 S. Brea Canyon Road, Suite 240, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 35 property owners within a 700 -foot radius of the project site. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Also, the project site was posted with a display board and the public notice was posted in three public places. 3. On April 24, 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 pursuant 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 proposed project relates to a commercial center of approximately 4.83 acres identified as Plaza Diamond Bar. The center is a combination of offices and stores totaling 29,783 square feet built in two phases in 1980 and 1990 under the jurisdiction of Los Angeles County. (b) The project site has a General Plan land use designation of Professional Office (OP); (c) The zoning designation for the project site is Community Commercial (C-2) zone. (d) Generally the following zones and uses surround the project site: (e) In accordance 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 for Lee's Review and Learning Center which is operating without City approval. Lee's Review and Learning Center specializes in basic and early high school education along with PSAT and SAT preparation. The students are generally from junior high and high school. Hours of operation are from 2:30 p.m. to 9:30 p.m. The classes are taught by four teachers that work part-time. The applicant has leased a space of approximately 1,894 square feet within a commercial center identified as Plaza Diamond Bar Conditional Use Permit (f) Lee's Review and Learning Center is permitted in the C-2 zone with a Conditional Use Permit approval and as conditioned herein will 2 Planning Commission Resolution No. 2007-24 Zone Uses North RPD -10,000-6U Residential South RPD -10,000-6U Residential & open sace East SR -57 Freeway West CPD & RPD -10,000-6U Residential & offices (e) In accordance 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 for Lee's Review and Learning Center which is operating without City approval. Lee's Review and Learning Center specializes in basic and early high school education along with PSAT and SAT preparation. The students are generally from junior high and high school. Hours of operation are from 2:30 p.m. to 9:30 p.m. The classes are taught by four teachers that work part-time. The applicant has leased a space of approximately 1,894 square feet within a commercial center identified as Plaza Diamond Bar Conditional Use Permit (f) Lee's Review and Learning Center is permitted in the C-2 zone with a Conditional Use Permit approval and as conditioned herein will 2 Planning Commission Resolution No. 2007-24 comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The project site has a General Plan land use designation of Professional Office (OP) which provides for the establishment of office -based working environments for general, and administrative offices, as well as support uses. Lee's Review and Learning Center is a school for non-degreed specialized education and training is considered a service support use in an office environment and therefore 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 project site is a commercial center of approximately 4.83 acres identified as Plaza Diamond Bar. The center is a combination of offices and stores built in two phases in 1980 and 1990 under the jurisdiction of Los Angeles County. Lee's Review and Learning Center will occupy 1,894 square feet within Parcel 1 at 2040 S. Brea Canyon Road Building. This use has been operating in this building since 2003 without receiving a zoning clearance from the City. In 2005, the building was destroyed by fire and the review and learning center moved to another building, 1930 S. Brea Canyon Road, within Plaza Diamond Bar where it is operating today without City approval. Now that the reconstructed building is ready for occupancy, the learning center wants to move back. The review and learning center does not alter the exterior of the building. The proposed tenant improvement subdivides the interior lease area of 1,894 square feet into office areas used for small classrooms and office. Hours of operation for the Lee's Review and Learning Center are from 2:30 p.m. to 9:30 p.m. Approximately 17 students or less attend classes between 4:00 p.m. and 9:30 p.m. which is the peak operational time. Many of the students are not of driving age and are dropped -off Many of the existing uses on Parcel 1 begin the business day between 7:00 a.m. and 10:00 a.m. and end the business day at 4:00 p.m. and 6:00 p.m. In 2001, a parking study was done for Parcel 1 (2040 Brea Canyon Road) only where Aashiana Restaurant would be located to determine that the existing parking supports the restaurant use. The study considered the peak hours of operation for all businesses on Parcel 1 and the City's parking standard which requires 155 parking spaces. Only 130 parking spaces were provided. Because of the parking study, the Commission approved the restaurant use, limited the hours of operation from to 5:30 p.m to 10:00 p.m., and required a 3 Planning Commission Resolution No. 2007-24 reciprocal parking and access agreement. As a result, Plaza Diamond Bar now has a reciprocal parking and access agreement forthe entire commercial center which includes four parcels. In 2003, Aashiana Restaurant submitted an application to modify their existing hours of operation with an updated parking study. The updated parking study includes Parcels 1 (2040 Brea Canyon Road) and 2 (2020 Brea Canyon Road) due to the proximity to Aashiana Restaurant. The updated parking study analyzes the type of uses, the square footage of each type of use, Diamond Bar parking standard and hours of operation. The study shows that 183 parking spaces are required and 197 parking spaces are provided with 14 surplus parking spaces. The Planning Commission accepted the parking study and modified the hours of operation for Aashiana Restaurant. The 183 parking spaces required for all the uses include 9 parking spaces required for Lee's Review and Learning Center (E260). Therefore, staff believes that the existing parking spaces provided at the commercial center are adequate to support Lee's Review and Learning Center, and existing uses. According to the property owner, an escrow company has leased a large portion of the 2040 Brea Canyon building. The property owner is expecting to lease the remainder of the space to a coffee shop similar to Starbucks, ice cream shop and a Panini type grill. The parking required for any proposed uses will be analyzed priorto City approval. (i) As referenced above in Findings (f) through (h), Lee's Review and Learning Center meets the required development standards for C-2 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 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) As referenced above in Items (f) through (j), Lee's Review and Learning Center 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, convenience, or welfare, or injurious to persons, 4 Planning Commission Resolution No. 2007-24 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 15301(e) 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 April 24, 2007, as labeled, amended herein and approved by the Planning Commission; (b) Hours of operation for Lee's Review and Learning Center shall be Monday through Friday from 2:30 p.m. to 9:30 p.m. and on Saturday from 10:00 a.m. to 3:00 p.m. Summer session hours of operation shall be Monday through Friday from 10:00 a.m. to 9:30 p.m. and on Saturday from10:00 a.m. to 3:00 p.m. Any changes to the hours and/or days of operation shall be subject to the review and approval of the Community Development Director; (c) This Conditional Use Permit shall be valid only for 2040 S. Brea Canyon Road, Suite 240 (Parcel 1). If Lee's Review and Learning Center moves to a different parcel and/or unit, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit approved by the Planning Commission shall be required for the new location. If Lee's Review and Learning Center ceases to operate, the approved Conditional Use Permit shall expire. (d) All employees of Lee's Review and Learning Center shall use parking in the rear of the commercial center. (e) Business signs are not part of this approval. The applicant shall obtain Planning Division approval for all signs and construction permit to install the signs. (f) Lee's Review and Learning Center is approved as tutoring center. Day care is not permitted. Building & Safety Division (a) Specify the location of tempered glass as required by code. 5 Conditional Use Permit No. 2007-05 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: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Boulevard, Suite 202, Santa Monica, CA 90403; and Mr. Jong Hoon Lee, 1930 S. Brea Canyon Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24TH OF APRIL, 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:-- teve Nelson, 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 24th day of April 2007, by the following vote: AYES: Commissioner: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioner: None. ABSTAIN: Commissioner: None. ABSENT: Commissioner: None, ATTEST: , J, Nancy , cretary 6 conditional Use Permit No. 2007-05 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2007-05 SUBJECT: Lee's Review and Learning Center APPLICANT: Jong Hoon Lee LOCATION: 2040 S Brea Canyon Road, Suite 240, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) '839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2007-05 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. 7 Planning Commission Resolution No. 2007-24 (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. 2007-05, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Lee's Review and Learning Center 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 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. 8 Planning Commission Resolution No. 2007-24 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 labeled and 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. 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 roof mounted equipment shall be screened from public view. 4. 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 owne rloccu pant. 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. 9 Planning Commission Resolution No. 2007-24 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Bathroom lights shall be fluorescent. 4. 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. Reception counter shall comply with the title 24 accessibility requirements. 5. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 6. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 7. Verify adequate exit requirements. The distance between required exits shall be'h of the building diagonal. 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 10 Planning Commission Resolution No. 2007-24 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Fire Department approval shall be required for this project. 2.. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. 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 PLANNING COMMISSION RESOLUTION NO. 2007-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2007-05, A REQUEST TO APPROVE LEE'S REVIEW AND LEARNING CENTER OPERATING WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS PLAZA DIAMOND BAR. THE PROJECT SITE IS LOCATED AT 2040 S. BREA CANYON ROAD, SUITE 240 (APN: 8765-001-007), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Jong Hoon Lee, have filed an application for Conditional Use Permit No. 2007-05, for a property located at 2040 S. Brea Canyon Road, Suite 240, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 35 property owners within a 700 -foot radius of the project site. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Also, the project site was posted with a display board and the public notice was posted in three public places. 3. On April 24, 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 pursuant 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 proposed project relates to a commercial center of approximately 4.83 acres identified as Plaza Diamond Bar. The center is a combination of offices and stores totaling 29,783 square feet built in two phases in 1980 and 1990 under the jurisdiction of Los Angeles County. (b) The project site has a General Plan land use designation of Professional Office (OP); (c) The zoning designation for the project site is Community Commercial (C-2) zone. (d) Generally the following zones and uses surround the project site: Zone Uses North RPD -10,000-6U Residential South RPD -10,000-6U Residential & open space East SR -57 Freeway West CPD & RPD -10,000-6U Residential & offices (e) In accordance 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 for Lee's Review and Learning Center which is operating without City approval. Lee's Review and Learning Center specializes in basic and early high school education along with PSAT and SAT preparation. The students are generally from junior high and high school. Hours of operation are from 2:30 p.m. to 9:30 p.m. The classes are taught by four teachers that work part-time. The applicant has leased a space of approximately 1,894 square feet within a commercial center identified as Plaza Diamond Bar Conditional Use Permit (f) Lee's Review and Learning Center is permitted in the C-2 zone with a Conditional Use Permit approval and as conditioned herein will 2 Planning Commission Resolution No. 2007-24 comply with all other applicable provisions of the Development Code and the Municipal Code. (9) The project site has a General Plan land use designation of Professional Office (OP) which provides for the establishment of office -based working environments for general, and administrative offices, as well as support uses. Lee's Review and Learning Center is a school for non-degreed specialized education and training is considered a service support use in an office environment and therefore 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 project site is a commercial center of approximately 4.83 acres identified as Plaza Diamond Bar. The center is a combination of offices and stores built in two phases in 1980 and 1990 under the jurisdiction of Los Angeles County. Lee's Review and Learning Center will occupy 1,894 square feet within Parcel 1 at 2040 S. Brea Canyon Road Building. This use has been operating in this building since 2003 without receiving a zoning clearance from the City. In 2005, the building was destroyed by fire and the review and learning center moved to another building, 1930 S. Brea Canyon Road, within Plaza Diamond Bar where it is operating today without City approval. Now that the reconstructed building is ready for occupancy, the learning center wants to move back. The review and learning center does not alter the exterior of the building. The proposed tenant improvement subdivides the interior lease area of 1,894 square feet into office areas used for small classrooms and office. Hours of operation for the Lee's Review and Learning Center are from 2:30 p.m. to 9:30 p.m. Approximately 17 students or less attend classes between 4:00 p.m. and 9:30 p.m. which is the peak operational time. Many of the students are not of driving age and are dropped -off Many of the existing uses on Parcel 1 begin the business day between 7:00 a.m. and 10:00 a.m. and end the business day at 4:00 p.m. and 6:00 p.m. In 2001, a parking study was done for Parcel 1 (2040 Brea Canyon Road) only where Aashiana Restaurant would be located to determine that the existing parking supports the restaurant use. The study considered the peak hours of operation for all businesses on Parcel 1 and the City's parking standard which requires 155 parking spaces. Only 130 parking spaces were provided. Because of the parking study, the Commission approved the restaurant use, limited the hours of operation from to 5:30 p.m to 10:00 p.m., and required a 3 Planning Commission Resolution No. 2007-24 reciprocal parking and access agreement. As a result, Plaza Diamond Bar now has a reciprocal parking and access agreement for the entire commercial center which includes four parcels. U) In 2003, Aashiana Restaurant submitted an application to modify their existing hours of operation with an updated parking study. The updated parking study includes Parcels 1 (2040 Brea Canyon Road) and 2 (2020 Brea Canyon Road) due to the proximity to Aashiana Restaurant. The updated parking study analyzes the type of uses, the square footage of each type of use, Diamond Bar parking standard and hours of operation. The study shows that 183 parking spaces are required and 197 parking spaces are provided with 14 surplus parking spaces. The Planning Commission accepted the parking study and modified the hours of operation for Aashiana Restaurant. The 183 parking spaces required for all the uses include 9 parking spaces required for Lee's Review and Learning Center (E260). Therefore, staff believes that the existing parking spaces provided at the commercial center are adequate to support Lee's Review and Learning Center, and existing uses. According to the property owner, an escrow company has leased a large portion of the 2040 Brea Canyon building. The property owner is expecting to lease the remainder of the space to a coffee shop similar to Starbucks, ice cream shop and a Panini type grill. The parking required for any proposed uses will be analyzed prior to City approval. As referenced above in Findings (f) through (h), Lee's Review and Learning Center meets the required development standards for C-2 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 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 As referenced above in Items (f) through U), Lee's Review and Learning Center 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, convenience, or welfare, or injurious to persons, 4 Planning Commission Resolution No. 2007-24 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 15301(e) 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 April 24, 2007, as labeled, amended herein and approved by the Planning Commission; (b) Hours of operation for Lee's Review and Learning Center shall be Monday through Friday from 2:30 p.m. to 9:30 p.m. and on Saturday from 10:00 a.m. to 3:00 p.m. Summer session hours of operation shall be Monday through Friday from 10:00 a.m. to 9:30 p.m. and on Saturday from10:00 a.m. to 3:00 p.m. Any changes to the hours and/or days of operation shall be subject to the review and approval of the Community Development Director; (c) This Conditional Use Permit shall be valid only for 2040 S. Brea Canyon Road, Suite 240 (Parcel 1). If Lee's Review and Learning Center moves to a different parcel and/or unit, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit approved by the Planning Commission shall be required for the new location. If Lee's Review and Learning Center ceases to operate, the approved Conditional Use Permit shall expire. (d) All employees of Lee's Review and Learning Center shall use parking in the rear of the commercial center. (e) Business signs are not part of this approval. The applicant shall obtain Planning Division approval for all signs and construction permit to install the signs. (f) Lee's Review and Learning Center is approved as tutoring center. Day care is not permitted. Building & Safety Division (a) Specify the location of tempered glass as required by code. 5 Conditional Use Permit No. 2007-05 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: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Boulevard, Suite 202, Santa Monica, CA 90403; and Mr. Jong Hoon Lee, 1930 S. Brea Canyon Road, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24TH OF APRIL, 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: V -Q teve Nelson, 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 24th day of April 2007, by the following vote: AYES: Commissioner: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: Commissioner: None. ABSTAIN: Commissioner: None. ABSENT: Commissioner: None. ATTEST: 6 Conditional Use Permit No. 2007-05 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2007-05 SUBJECT: Lee's Review and Learning Center APPLICANT: Jong Hoon Lee LOCATION: 2040 S. Brea Canyon Road, Suite 240, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2007-05 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. 7 Planning Commission Resolution No. 2007-24 (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. 2007-05, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Lee's Review and Learning Center 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 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. 8 Planning Commission Resolution No. 2007-24 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 labeled and 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. 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 roof mounted equipment shall be screened from public view. 4. 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 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. 9 Planning Commission Resolution No. 2007-24 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: 1 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. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Bathroom lights shall be fluorescent. 4. 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. Reception counter shall comply with the title 24 accessibility requirements. 5. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 6. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 7. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 10 Planning Commission Resolution No. 2007-24 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Fire Department approval shall be required for this project. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. 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 11 Planning Commission Resolution No. 2007-24