HomeMy WebLinkAboutPC 2017-24PLANNING COMMISSION
RESOLUTION NO. 2017-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2017-35, TO OPERATE A 4,800 SQUARE -FOOT CHILD DAYCARE
CENTER WITHIN AN EXISTING 30,643 SQUARE -FOOT MULTI -TENANT
COMMERCIAL CENTER LOCATED AT 23373-23377 GOLDEN SPRINGS
DRIVE, DIAMOND BAR, CA (APN 8717-008-033)
A. RECITALS
Property owner, Chang Chih International Investment, LLC, and applicant,
Roy Foo, have filed an application for Conditional Use Permit No. PL 2017-
35 to operate a 4,800 square -foot child daycare center within a 30,643
square -foot commercial center. The project site is more specifically
described as 23373-23377 Golden Springs Dr., Diamond Bar, Los Angeles
County, California. Hereinafter in this resolution, the subject Conditional
Use Permit shall be referred to as the "Proposed Use."
2. The Project Site is made up of one parcel totaling 2.45 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.
The legal description of the subject property is Parcel Map 6465 Lot 2. The
Assessor's Parcel Number is 8717-008-033.
4. On September 1, 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 August 30, 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 September 12, 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)
1. 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, child daycare centers 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 commercial 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 child daycare center meets Strategy 1.3.3 because the
proposed child daycare center provides services to Diamond Bar residents.
The Project site is not subject to the provisions of any specific plan.
3. 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 existing commercial center occupied
by a dance studio, restaurants, and other retail and service uses. The
Proposed Use is compatible with the other uses within the commercial
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 commercial center.
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PC Resolution No. 2017-24
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 commercial center that
currently has a diversity of uses, including a dance studio, restaurants, and
otherretail and service uses. There are 121 parking spaces at the proposed
location. The number of parking spaces required for the current palette of
uses minus the child daycare center is 109 parking spaces. The proposed
child daycare center requires 23 spaces for 105 children and 12 staff
members per the Development Code requirements, for a total parking
requirement of 132 off-street parking spaces. A parking study was
submitted by a traffic engineer that indicates the overall peak parking
demand at the proposed location is estimated to be 101, which is less than
the 121 parking spaces provided on site. Based on these observations,
there is likely a sufficient amount of parking for current and future uses to
accommodate peak -period demands. Given the proposed hours of
operation, the overall parking demands, and the types of adjoining uses, it
is reasonable to conclude that the child daycare center will be compatible
with the other uses in the commercial center.
The Proposed Use is physically suitable with the subject site because it will
be located in an existing building. In addition, the proposed use is intended
to operate within an existing commercial 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 commercial center. Children will be
supervised at all times. Children will not be able to leave until parents pick
them up.
Prior to the issuance of any city permits, the Project is required to comply
with alt conditions of approval within the attached resolution, and the
Building and Safety Division.
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.
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PC Resolution No. 2017-24
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2017-35 subject to the following
conditions:
The establishment is approved as a child daycare center as described in
the application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit No. PL2017-35 dated September 12,
2017, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use". The Use shall be limited to a child daycare center.
The maximum number of children is 105.
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.
This Conditional Use Permit shall be valid only for 23373-23377 Golden
Springs Drive, 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. 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, Chang Chih International Investment LLC,
430 S. Garfield Ave. #338, Alhambra, CA 91801; and applicant, Roy
Foo, Village Montessori, 20911 E. Walnut Canyon Rd., Walnut, CA
91789.
El
PC Resolution No. 2017-24
APPROVED AND ADOPTED THIS 12th DAY OF SEPTEMBER 2017, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
A4—
RaymotWWolfe, Ch irperson
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 12th day of September, 2017, by the following vote:
AYES: Commissioners: sarlas, Farago, Mahlke, VC/Mok, Chair/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: —7C1/l�—
Greg Gubman, Secretary
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CUP PL2017-35
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2017-35
SUBJECT: To operate a 4,800 square -foot child daycare center.
PROPERTY Chang Chih International Investement, LLC
OWNER(S): 430 S. Garfield Ave. #338
Alhambra, CA 91801
APPLICANTS: Roy Foo
Village Montessori Academy
20911 E. Walnut Canyon Rd.
Walnut, CA 91789
LOCATION: 23373-23377 Golden Springs Dr., 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
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 2017-35 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. 2017-24
(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. PL2017-35 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. FEESMEPOSITS
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
PC Resolution No. 2017-24
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.
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 No. PL2017-35 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:
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 CALGreen 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 CALGreen
Code.
3. Exit court areas at the rear and side of the building shall be maintained clear
and unobstructed for 10' minimum pursuant to CBC 1028.4.
Plan Check — Items to be addressed prior to plan approval:
4. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 119 and 150(k).
5. The depth of the fenced area at the entry shall meet 5' clear on push side
of the door and a 4' vestibule/door in sequence per CBC 11 B-404.2.6.
The fenced area at the entry area shall not block or reduce the required 4'
minimum sidewalk area in front of the fenced area.
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PC Resolution No. 2017-24
7. An exit analysis shall be provided during plan check, showing occupant load
for each space, exit width, exit signs, etc.
8. Number of plumbing fixtures shall be in compliance with CPC T-422.
9. Fire Department approval shall be required. Contact the Fire Department
to check the E occupancy use.
10. An occupant load sign shall be provided in each room per CBC 1004.3.
11. Two exits shall be provided in each room per CBC Table 1006.2.1.
12. Fire alarms are required per CBC 907.2.3.
13. The ADA path of travel shall be upgraded to be compliant with the current
code per CBC 11 B-202.4.
14. The corridor shall be one-hour rated and maintained per CBC Table 1020.1.
Permit — Items required prior to building permit issuance:
15. 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.
16. SCAQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
17. 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 — Conditionsrequired during construction:
18. Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
19. 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
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PC Resolution No. 2017-24
mean a documented passed inspection by the city building inspector as
outlined in Section 110.6.
20. 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.
21. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
22. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert
by dialing 811 or their website at www.digalert.org.
23. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any
work in accordance with such changes or deviations.
24. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
25. Pursuant to California Residential Code (CRC) Section R315, carbon
monoxide detectors are required in halls leading to sleeping rooms.
26. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from the building at a 2% minimum slope. The final as -built conditions shall
match the grading/drainage plan or otherwise approved as -built
grading/drainage plan.
27. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
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PC Resolution No. 2017-24