HomeMy WebLinkAboutPC 2017-14PLANNING COMMISSION
RESOLUTION NO. 2017-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2017-29, TO OPERATE A 675 SQUARE -FOOT CHESS SCHOOL
WITHIN A 39,965 SQUARE -FOOT MULTI -TENANT SHOPPING CENTER
LOCATED AT 1155 SOUTH DIAMOND BAR BOULEVARD, UNIT T, DIAMOND
BAR, CA (APN 8717-031-010).
A. RECITALS
Property owner, Diamond Bar Town Center LLC, and applicant, Shijie
Chen, have filed an application for Conditional Use Permit No. PL 2017-29
to operate a 675 square -foot chess school located within an existing
shopping center. The project site is more specifically described as 1155 S.
Diamond Bar Blvd., Unit T, 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 subject property is comprised of a 1.24 gross acre parcel. It is located
in the Regional Commercial (C-3) zone with a General Plan land use
designation of General Commercial.
3. The Assessor's Parcel Number is 8717-031-010.
4. On May 12, 2017, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On May 10, 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 May 23, 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, a non -degree school is
permitted in the C-3 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 chess school meets Strategy 1.3.3 because the proposed
chess school provides services to Diamond Bar residents.
The Project site is not subject to the provisions of any speck 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 a multi -tenant shopping center occupied
by retail stores, restaurants, personal service uses, tutoring center and art
school. The existing gross floor area of the shopping center requires 148
parking spaces, the existing tutoring center requires 11 parking spaces, the
existing art studio requires 10, and the proposed chess school requires 4
parking spaces based on Development Code requirements. There are 198
off-street parking spaces located at the existing project site, which will thus
2
PC Resolution No. 2017-14
exceed the requirement by providing a technical surplus of 25 parking
spaces. The varying uses result in a range of peak business hours and
parking demands. Assuming that the instructor and each student arrives in
a separate vehicle, the proposed use could potentially generate a demand
for five parking spaces. In addition, class times are spaced between one to
two hour gaps to limit the demand for parking spaces during the chess
school's operating hours. Therefore, staff does not foresee any parking
issues at the site. As such, the operational characteristics and parking
demands anticipated to be associated with the Proposed Use are
compatible with the existing uses within the center.
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 similar uses, such as a tutoring center and an art school.
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.
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.
PC Resolution No. 2017-14
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2017-29 subject to the following
conditions:
1. This approval is for the establishment and continued operation of a chess
school as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit
No. PL2017-29 dated May 23, 2017, and the Planning Commission minutes
pertaining thereto, hereafter referred to as the "Use."
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 1155 S. Diamond Bar
Blvd., Unit T, 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. If, at any time, the City finds that the 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.
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, Diamond Bar Town Center, LLC, 6621 E.
Pacific Coast Highway #270, Long Beach, CA 90803; and applicant,
Shijie Chen, 618 N. McPherrin Ave., Monterey Park, CA 91754.
4
PC Resolution No. 2017-14
APPROVED AND ADOPTED THIS 231d DAY OF MAY, 2017, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:A v
Ll—
RaymordWolfe, ClAirman
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 23rd day of May, 2017, by the following vote:
AYES: Commissioners: Barlas, Farago, Mahlke, VC/Mok, Chair/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: Mone
ABSTAIN: Commissioners: Mone
ATTEST:
Greg Gubman, Secretary
5
CUP No. PL2017-29
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2017-29
SUBJECT: To operate a 675 square -foot chess school within a 39,965
square -foot multi -tenant shopping center.
PROPERTY Diamond Bar Town Center, LLC
OWNER(S): 6621 E. Pacific Coast Highway #270
Long Beach, CA 90803
APPLICANTS: Shijie Chen
618 N. McPherrin Ave.
Monterey Park, CA 91754
LOCATION: 1155 S. Diamond Bar Blvd., Unit T, Diamond Bar, CA 91765
ALL OF THE FOLLOWWG CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
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 2017-29 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.
6
PC Resolution No. 2017-14
(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 2017-29 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 owner/applicant 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)
7
PC Resolution No. 2017-14
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.
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. PL2017-29 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:
1. No construction is considered under this permit application.
2. The maximum students at a time shall be no more than 10, plus one instructor.
3. The applicant is responsible for readily achievable ADA upgrades required by
Federal law.
END
8
PC Resoldon No. 2017-14