HomeMy WebLinkAboutPC 2017-05PLANNING COMMISSION
RESOLUTION NO. 2017-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2016-152, TO
OPERATE A CHILDREN'S INDOOR ENTERTAINMENT/ PLAYGROUND IN
CONJUNCTION WITH RETAIL SALES WITHIN AN EXISTING 121,788 SQUARE -
FOOT MULTI -TENANT SHOPPING CENTER LOCATED AT 21050 GOLDEN
SPRINGS DRIVE, #C-3, DIAMOND BAR, CA (APN 8763-008-021).
A. RECITALS
1. Property owner, Lakeview Village Corporation, and applicant, Monica Leaw, have
filed an application for Conditional Use Permit No. PL 2016-152 to operate a
children's indoor playground in conjunction with retails sales located within an
existing shopping center. The project site is more specifically described as 21050
Golden Springs Dr. #C-3, Diamond Bar, Los Angeles County, California.
Hereinafter in this resolution, the subject Conditional Use Permit shall collectively
be referred to as the "Project" or "Proposed Use."
2. The Project Site is comprised of eight parcels totaling 9.7 acres. It is located in
the Community Commercial (C-2) zone and is consistent with the General
Commercial land use designation of the General Plan.
3. The legal description of the subject property is LA County Assessor Map 97 Lot 5.
The Assessor's Parcel Number is 8763-008-021.
4. On February 17, 2017, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley DailV Bulletin
newspapers. On February 1, 2017, public hearing notices were mailed to
property owners within a 700 -foot radius of the Project site and posted at the
City's designated community posting sites.
5. On February 28, 2017, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set forth
in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations
involving partitions and electrical conveyances) of the CEQA Guidelines.
Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby
finds and approves as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
The Proposed Use is allowed within the subject zoning district with the approval
of a conditional use permit and complies with all other applicable provisions of
this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.10.030, Table 2-6, indoor entertainment facilities
are permitted in the C-2 zoning district with approval of a conditional use permit.
Through compliance with the conditions of approval stipulating the manner in
which the use must be conducted, the proposed use will be compatible with
neighboring uses in the shopping center and surrounding neighborhood.
2. The Proposed Use is consistent with the general plan and any applicable specific
plan.
The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage
neighborhood serving retail and service commercial uses') in that the proposed
indoor entertainmenUplay area meets Strategy 1.3.3 because the proposed
indoor entertainment/play area provides services to Diamond Bar residents.
The Project site is not subject to the provisions of any specific plan.
The design, location, size and operating characteristics of the Proposed Use are
compatible with the existing and future land uses in the vicinity.
The Proposed Use is located within an enclosed, multi -tenant mini mall in an
existing shopping center occupied by a supermarket, bank, restaurants, and
other retail and service uses. The varying uses result in a range of peak business
hours and parking demands. The existing gross floor area of the center requires
379 parking spaces, the existing massage business requires six parking spaces,
and The Attic restaurant requires 13 spaces. The proposed indoor playground
requires 15 spaces for the play area and associated areas such as entertainment
and part room, and six spaces for the proposed retail and service area per the
Development Code requirements, for a total parking requirement of 419 off-street
parking spaces. There are 426 off-street parking spaces located at the existing
project site, and will thus exceed the requirement by providing a surplus of seven
spaces. Since there is a surplus of parking spaces, staff does not foresee any
parking issues resulting from the proposed use.
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When reviewing parking impacts on commercial centers, the various uses and
peak business hours for those uses are taken into consideration. The varying
uses result in a range of peak business hours and parking demands. Based on
Bumble Bee's business proposal, 34 parking spaces may be required to
accommodate the parking for four staff/employees and the arrival of a maximum
of 30 children, assuming each child arrives in one vehicle. Under a worst-case
scenario, the proposed use could conceivable generate a peak demand of 34
spaces during a birthday party on weekends. Since 426 spaces are available,
there could be a potential parking shortage of six spaces under this scenario.
However, it is unknown how many parking spaces would be required for a party
size of 30 kids. Thus the parking demand is difficult to speculate. Staff is
recommending a condition of approval requiring a limit on party size to 30 kids
and a review of the parking situation in six month, to assess the parking impacts,
if any. This condition would allow the Commission to further condition the project
if actual operating experience within the six months demonstrate the necessity to
impose additional land use restrictions, such as reducing party size or blocking
out certain times of the day to avoid parking demand conflicts during peak hours.
Through compliance with the conditions of approval stipulating the manner in
which the use must be conducted, the Proposed Use will be compatible with the
other uses within the shopping center.
4. 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.
The Project site is located within an existing shopping center that currently has a
diversity of uses, including a supermarket, bank, restaurants, and other retail and
service uses. Given the proposed hours of operation, the availability of parking,
and types of adjoining uses, it is reasonable to conclude that the indoor
playground in conjunction with retail sales will be compatible with the other uses
in the center.
The Proposed Use is physically suitable with the subject site because it will be
located in an existing building and no additional square footage is being
proposed. In addition, the proposed use is intended to operate within an existing
shopping center and will be using existing access and parking in the center.
5. 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.
The Proposed Use is located within a shopping center. Children will be
supervised in the play area by parents and employees from the business.
Parents will not be allowed to leave their children in the play area to go outside
of the business.
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Prior to the issuance of any city permits, the Project is required to comply with all
conditions of approval within the attached resolution, and the Building and Safety
Division.
6. The proposed Project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed use is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a)
(Interior alterations involving partitions and electrical conveyances) of the CEQA
Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2016-152 subject to the following
conditions:
1. The establishment is approved as an indoor children's playground in conjunction
with retail sales as described in the application on file with the Planning Division,
the Planning Commission staff report for Conditional Use Permit No. PL2016-152
dated February 28, 2017, and the Planning Commission minutes pertaining
thereto, hereafter referred to as the "Use". The Use shall be limited to an indoor
playground in conjunction with retail sales. The maximum party size is limited to
30 kids.
2. The Use shall substantially conform to the approved plans as submitted and
approved by the Planning Commission and on file with the Community
Development Department.
3. This Conditional Use Permit shall be valid only for 21050 Golden Springs Dr.,
#C-3, as depicted on the approved plans on file with the Planning Division. If the
proposed use moves to a different location or expands into additional tenant
spaces, the approved Conditional Use Permit shall terminate and a new
Conditional Use Permit, subject to Planning Commission and/or City Council
approval shall be required for the new location. If the Use ceases to operate, the
approved Conditional Use Permit shall expire without further action by the City.
4. The Conditional Use Permit shall be reviewed six months after approval to allow
the Commission to assess the adequacy of the parking and operations of the use.
If, at any time, the City finds that the proposed Use is the cause of a parking
deficiency or other land use impact, the Community Development Director may
refer the matter back to the Planning Commission to consider amending this
Conditional Use Permit to address such impacts.
5. No changes to the approved scope of services comprising the use shall be
permitted unless the applicant first applies for an amendment to this Conditional
Use Permit, pays all application processing fees and receives approval from the
Planning Commission and/or City Council.
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PC Resolution No. PL2017-05
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
the property owner, Lakeview Village Corporation, 12879 Harbor Blvd.
Suite N-1, Garden Grove, CA 92840; and applicant, Monica Leaw,
2942 Punta De Este Drive, Hacienda Heights, CA 91745.
APPROVED AND ADOPTED THIS 28th DAY OF FEBRUARY 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By.
J fiferal Ik , Chairperso
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 28th day of February, 2017, by the following vote:
AYES: Commissioners: HARLAs, FARAGO, MOK, VC/WOLFS, CHAIR/MAHLKE
NOES: Commissioners: NONE
ABSENT: Commissioners: NONE
ABSTAIN: Commissioners: NONE
ATTEST:
Greg Gubman, Secretary
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CUP PL2016-152
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2016-152
SUBJECT: To operate an indoor playground in conjunction with retail sales.
PROPERTY Lakeview Village Corporation
OWNER(S): 12879 Harbor Blvd. Suite N-1
Garden Grove, CA 92840
APPLICANTS: Monica Leaw
2942 Punta De Este Drive
Hacienda Heights, CA 91745
LOCATION: 21050 Golden Springs Dr. #C-3, Diamond Bar, CA 91789
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. 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. PL 2016-152 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.
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PC Resolution No. PL2017-05
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. 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. PL 2016-152 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. The business owners and all designers, architects, engineers, and contractors
associated with this project shall obtain a Diamond Bar Business License, 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. 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.
8. Property ownerlapplicant shall remove the public hearing notice board within
three (3) days of this project's approval.
9. 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, and Public Works Department) at the
established rates, prior to issuance of building permits, 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
comes first.
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PC Resolution No. PL2017-05
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 No. PL2016-152 shall expire within
one (1) year from the date of approval if the use has not been exercised as
defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a
one year time extension subject to DBMC Section 22.60.050(c) for Planning
Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. 2016' California Building Code
series will apply) requirements and all other applicable construction codes,
ordinances and regulations in effect.
2. Provisions for CAL Green shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division. Specific
water, waste, low VOC, and related conservation measures shall be shown on
plans. Construction shall conform to the current CAL Green Code.
Plan Check — Items to be addressed prior to plan approval:
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Energy compliance forms shall be
provided and implemented onto plans.
4. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required
per California Energy Code 150(0).
5. "Separate permit shall be required for all wall and monument signs" and shall
be noted on plans.
6. Number of plumbing fixtures shall be in compliance with CPC T-422.
7. The path of travel from the ADA parking stall shall be direct and not enter into
any vehicular path where not necessary. The path of travel shall be modified
to have portions of planters removed where needed to avoid entering into a
vehicular path.
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PC Resolution No. PL2017-05
Permit— Items required prior to building permit issuance:
8. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8. The
contractor shall complete all required forms and pay applicable deposits prior
to permit.
9. SCAQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
10. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
Construction — Conditions required during construction:
11. Every permit issued by the building official under the provisions of this Code
shall expire and become null and void unless the work authorized by such
permit is commenced within one -hundred -eighty (180) days after permit
issuance, and if a successful inspection has not been obtained from the
building official within one -hundred -eighty (180) days from the date of permit
issuance or the last successful inspection. A successful inspection shall mean
a documented passed inspection by the city building inspector as outlined in
Section 110.6.
12. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris, trash, and weeds.
13. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
14. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
15. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
16. Exit paths shall remain unobstructed at all times. At least a 48 -inch wide exit
path shall remain at all times.
END
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