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HomeMy WebLinkAbout05/12/2009PLANNING FILE COPY COMMISSION AGENDA May 12, 2009 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Steve Nelson Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. DIAiiIOND BARS Please refrain from smoking, eating or 1 ne uity or utamona tsar uses recycieo paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info .ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, May 12, 2009 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2009-08 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Sneaker's Card for the recordina Secretary (completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Study Session: April 28, 2009. 4.2 Minutes of Regular Meeting: April 28, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Conditional Use Permit No. 2009-01 — Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus has submitted a request to provide college counseling and tutoring services to high school age students. (Continued from April 28, 2009) Project Address: 2040 Brea Canyon Road, Suite 230 MAY 12, 2009 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Plaza Diamond Bar Partners LLC 3029 Wilshire Blvd., Suite 202 Santa Monica, CA 90403 Applicant: College Focus 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8 PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: 10. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION Thursday, May 14, 2009 — 7:00 p.m. COMMISSION MEETING: Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive CITY COUNCIL MEETING: MEMORIAL DAY HOLIDAY: PLANNING COMMISSION MEETING: Tuesday, May 19, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Monday, May 25, 2009 In observance of the holiday, City offices will be closed. City offices will re -open on Tuesday, May 26, 2009. Tuesday, May 26, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive MAY 12, 2009 PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: PAGE 3 PLANNING COMMISSION AGENDA Thursday, May 28, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive DRAFT MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chairman Torng called the Study Session to order at 6:05 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; John Douglas, Consultant, Natalie Tobon, Planning Technician and Stella Marquez, Senior Administrative Assistant. Draft Housing Element ACDD/Gubman reminded the Commission that this follow up Housing Element Study Session was a third in a series that began about a year ago on May 13 and May 27, 2008, to get an overview of the requirements of what was required by cities to prepare a Housing Element on a six-year cycle. After receiving the Planning Commission's input, the City Council held a subsequent joint study session on August 5, 2008. Following the City Council Study Session, staff submitted the Draft document to the State Department of Housing and Community Development (HCD) for review, comment and ultimately, certification. Following HCD's review of the document, staff held a joint telephone session to answer their questions and help them complete their comments. Staff received HCD's response letter in mid- October 2008, a letter that details the issues that need to be addressed in order to receive certification of the Housing Element. Key points raised in the comment letter as indicated in the packet provided this evening include: 1) additional verification of how the Regional Housing Needs Assessment (RHNA) numbers would be met; provide more detail about how the City will commit to rezone properties to meet the target housing number; and, indicate how the City will allow and encourage emergency shelters as mandated under SB 2. Staff's goal for tonight's study session is to share the revised document and key points with the Commission and follow up with a joint study session with the City Council next month after which the document will be resubmitted to HCD. ft EWA DKAFT APRIL 28, 2009 PAGE 2 PLANNING COMMISSION John Douglas, consultant, stated that what Diamond Bar is experiencing with the state is very similar to what every other jurisdiction in southern California is experiencing — a lengthy critique asking for additional commitments and information. As a result, Diamond Bar is in the same boat as everyone else. The Housing Element is different from every other element within the General Plan because it is the only one in which the state has a role to review the document and issuing their opinion as to whether it is in compliance. Having the state's certification of the Housing Development may help the City defend against legal challenges of its General Plan. Under very unusual circumstances, courts can intervene and order that certain projects be approved- such, as high density residential projects. If the City's Housing Element cannot demonstrate that the City has adequate sites for low income housing that requirement will carry over and the next time the Housing Element is updated the City will have to demonstrate not only the adequate sites for the new period but also the carry over from the old period which could make it even more difficult to comply. SB 375 (Global Warming Law) is sweeping in its terms that states if a City has a fully compliant Housing Element it has a shelf -life of eight years. If it is not in compliance the Housing Element must be updated on a four- year cycle. Mr. Douglas stated that every city must accommodate at least one emergency shelter, which means that the city must have zoning that would allow an emergency shelter to be established through a simple, streamlined, "by right" procedure. SB 2 deals with emergency shelters as well as transitional and supportive housing. Emergency shelter means a place where a homeless person can drop in on a day- to-day basis. If the shelter has room they must allow the person as long as that person meets the rules of the shelter. Typically, no individual can stay at a shelter for more than six months. Transitional housing is more of a long-term situation such as an apartment or house. People who live in this type of housing are typically placed there through a program. Cities are not required to build these types of facilities. The solution to providing this type of facility should be led bythe non-profit sector with government assistance. The RM zone could be designated where there are existing church facilities and that a shelter could be established by a church in the RM zone. Mr. Douglas referred the Commission to the SGVCOG's Regional Homeless Services Strategy Phase I Report, available on the COG's website, for further information on regional homelessness issues. Mr. Douglas further stated that the next discussion item has to do with how the City is going to demonstrate that it can meet its needs with fair share RHNA. Every city is allocated a fair share of new housing to accommodate the region's growth needs for different income categories. The lower income category has to be a certain level of density in order for it to be financially feasible to be built. Based on the current level, Diamond Bar cannot demonstrate any capacity for lower income housing. APRIL 28, 2009 PAGE 3 PLANNING COMMISSION Because the City does not have any vacant land that is zoned to allow relatively high density housing (30 -units per acre or typically a three-story building) the law says that the City must commit to identifying areas that will be rezoned within a couple of years to allow that type of housing. As a result, a commitment to survey potential areas that could meet that need has been placed within the Housing Element, which means that within two years the City Council will select and rezone at least 15 Y2 acres to accommodate this need. Four different areas have been identified in the appendix that could potentially meet this need. The ultimate decision is up to the Planning Commission and City Council as to which area makes the most sense. The options are listed in Table B-1 under Residential Land Inventory: 1) Kmart site; Tres Hermanos property; Latter Day Saints Church; and the Aera Energy project. A list of potential sites establishes a way for the City to ultimate reach its goal. Once the Housing Element is complete and adopted, follow- up implementation will be to conduct further study (possibly an El R) on one or more of these properties followed by an ultimate decision as to which site would include a designation for high density housing. ACDD/Gubman elaborated on the potential of each site. VC/Nelson asked how important it was to locate this type of housing close to shopping, etc. He believed the Kmart site would be preferable. Mr. Douglas responded to C/Nolan that even though these are referred to as "low income" units, the issue is really "density." There is no requirement that they be built. The key requirement is that the City has zoning that allows 30 -units per acre to be built. And whether they turn out to be affordable to low income families, perhaps they will and perhaps they will not. The City would probably have to have a non-profit developer that was interested in partnering up in order to make the units affordable to low income. ACA/ Vohlenberg stated there is a presumption in affordable housing laws and almost every zoning code that higher density is more desired by property owners. In the last housing cycle this trend flipped on its head and once in awhile that presumption does not work out. Mr. Douglas said that even if a project were built that qualified as lower income affordable one would not be able to determine that by driving by because all development has to meet design standards and development standards. ACDD/Gubman explained that Claremont has an inclusionary housing ordinance wherein if one is doing a development and building seven or more units a certain number must be allocated for lower income households. The requirements are that those units must be fully integrated within the development so that from the exterior they are identical. The interior amenities may be downgraded or the unit sizes might be smaller but in terms of being part of an integrated development there would be no visible difference. APRIL 28, 2009 PAGE 4 PLANNING COMMISSION Mr. Douglas responded to Chair/Torng that Diamond Bar's RHNA fair share of the 700,000 units of the SCAG region is about 1000 units. In about five or six years from now there will be another forecast and another assessment of fair -share allocations. If the City does not accomplish its numbers, there is no penalty for not achieving these numbers so long as the City has a Certified Housing Element and it is following through on its commitments. SB 375 may promote in future Housing Element cycles a higher share allocated to the more urbanized areas next to Metrolink and freeways, and lower share allocated to the areas not close to convenient mass transit. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the Study Session at 7:05 p.m. The foregoing minutes are hereby approved this 12th day of May, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tony Torng, Chairman D DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chair�an Torng called the meeting to order at 7:11 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91 PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. (ROLL CALL .sent: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice airman Steve Nelson, Chairman Tony Torng. Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4 MINUTES: 11.1 Minutes of the Regular Meeting of March 24, 2009. C/Lee moved, C/Shah seconded, to approve the Minutes of March 24, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Nolan ABSENT: COMMISSIONERS: None 5. O D BUSINESS: None. 6. EW BUSINESS: None. f DRAFT APRIL 28, 2009 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 One -Year Time Extension for Development Review No. 2007-11. Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 for a new 4.39 Square Foot Commercial Building with a drive-through ("Project") - Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time to begin construction. The project was approved on April 10, 2007, with a two (2) year timeframe to obtain building permits and begin construction. Project Address: 22438 Golden Springs Drive (Northeast corner of Golden Springs Drive and Lavender Drive in the Target Shopping Center) Diamond Bar, CA 91765 Property Owner: CH Development, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 Applicant: Charlie Shen CH Development, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 SP/Laufenburger presented staff's report and recommended Planning Commission approval of the One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Torng opened the public hearing. Charlie Shen, applicant, reported that the leasing agents are working diligently to get a tenant for the site and he is pushing to construct and open the building this year. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve a One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use APRIL 28, 2009 PAGE 3 PLANNING COMMISSION Permit No. 2007-07 and Minor Variance No. 2007-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Shah, VC/Nelson Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Conditional Use Permit No. 2009-01 — Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus submitted a request to provide college counseling and tutoring services to high school age students. ACDD/Gubman asked the Commission to continue this matter to the May 12, 2009, meeting to ensure proper notification in compliance with the City's Development Code. The applicant failed to post the notice on the subject property as required. - Chair/Torng opened the public hearing. There was no one present who wished to speak on this matter. C/Nolan moved, C/Shah seconded, to continue the public hearing for Conditional Use Permit No. 2009-01 to the Regular Planning Commission meeting of May 26, 2009. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Shah, VC/Nelson Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan reported that she attended the Planners Institute in Anaheim and found it to be very useful and informative. She felt the best workshop was on Environmental Impact Reports. VC/Nelson stated he was very proud of the City for its handling of the proposed NFL Stadium project. As he indicated at the last Commission meeting he hoped that the City would not fall into a state of hysteria or fear and ultimately cost the City a lot of money and not stop the project. He felt the residents benefited from appropriate APRIL 28, 2009 PAGE 4 PLANNING COMMISSION negotiations and the City demonstrated that it is a good neighbor for which he is happy and pleased. C/Shah also felt the City did a fantastic job in negotiating with the City of Industry and he is very happy about the results and proud of staff. Chair/Torng commended staff for a very good study session and today's meeting. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman updated the Commission on the Site D Specific Plan. Staff hopes to have the Draft EIR completed and ready for public circulation within the next two to three weeks. Staff will hold a public forum during the 45 -day public review period for comment. If the Commission is interested, he would be pleased to lead a training session on "how to read an EIR." The Commission concurred to hold an EIR Study Session prior to an upcoming Regular Planning Commission meeting. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:25 p.m. The foregoing minutes are hereby approved this 12th day of May, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tony Torng, Chairman PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: APPLICANT: STAFF RECOMMENDATION: 7.1 May 12, 2009 Conditional Use Permit No. 2009-01 Plaza Diamond Bar 2040 S. Brea Canyon Road, Suite 230 (APN: 8765-001-007) To allow tutoring and educational guidance counseling uses for College Focus. Plaza Diamond Bar Partners, LLC 3029 Wilshire Boulevard, Suite 202 Santa Monica, CA 90403 Mark Corkery 1601 Dove Street, Suite 299 Newport Beach, CA 92660 Approve subject to conditions. BACKGROUND: 9 Site Description The project site is within Plaza Diamond Bar, a commercial center comprised of three (3) parcels of land totaling approximately 4.83, acres located at the southwest corner of Pathfinder Road and Brea Canyon Road. College Focus is located within an existing tenant space on the second floor of a 26,615 square -foot commercial building occupied by various professional offices, medical offices, restaurants and other retail uses, including a tutoring center that operates under a conditional use permit approved on April 24, 2007. College Focus has been operating at the subject site since 2007. On April 23, 2007, the Planning Division approved Plot Plan 2007-46 for tenant improvements to a 2,663 square foot tenant space. The original approval permitted office uses only. During a recent business license compliance inspection of the center, staff determined that tutoring services and educational guidance counseling are being offered at College Focus. These uses, as shown in Table 2-6 of the Development Code and as defined in Chapter 22.80, require approval of a Conditional Use Permit (CUP). Site and Surrounding General Plan, Zoning and Use ANALYSIS: A. Application and Review Authority (Code Sections 22.58 and 22.10.030- Table2-6 A CUP is required for uses whose effect on the surrounding area cannot be determined before being proposed at a particular location. The C-2 zone requires approval of a CUP for specialized education and non -degree training. The CUP process ensures that the proposed use will not degrade the site, and allows for specific conditions to be put in place to ensure the use is maintained as approved. Business Description College Focus provides guidance counseling services to students and their parents to assist in college selection and preparation. In addition to counseling services, CUP 2009-01 Page 2 General Plan Designation Zoning District Land Use Site Professional Office C-2 Retail Uses, Office North Open Space OS Open Space South Open Space RL Open Space East 57 Freeway 57 Freeway Freeway West Professional Office C-1 Single Family Residential ANALYSIS: A. Application and Review Authority (Code Sections 22.58 and 22.10.030- Table2-6 A CUP is required for uses whose effect on the surrounding area cannot be determined before being proposed at a particular location. The C-2 zone requires approval of a CUP for specialized education and non -degree training. The CUP process ensures that the proposed use will not degrade the site, and allows for specific conditions to be put in place to ensure the use is maintained as approved. Business Description College Focus provides guidance counseling services to students and their parents to assist in college selection and preparation. In addition to counseling services, CUP 2009-01 Page 2 College Focus offers tutoring services for the biology, literature and SAT preparation; each class has a maximum number of five students, but the applicant has stated that most tutoring is one on one. The tenant space has a total of six private offices, one large conference room, a large reception area, copy room and smaller conference/work room. The applicant has stated that it is rare that all offices are occupied at any one time, and that the multiple tutoring classes that are offered do not take place on the same day, resulting in all employees rarely being in the office at the same time. The total number of employees and hours of operation are described below: • Employees (10 total) - o One full time counselor o Two part time counselors o Two half-time staff assistants o 5 part time tutors (in the office only when tutoring) • Hours of operation - o Monday — Thursday 11 am — 8pm o Friday — 11 am — 5pm o Saturday -10am — 5pm o Sunday - Closed Compatibility The building that College Focus is located in is a two-story building that currently has one tutoring center in operation, various medical offices, three restaurants, and small retail stores. The existing tutoring center and medical offices are located on the second of the building as is common with specialized services such as College Focus. As such, the operational characteristics of College Focus are compatible with the existing and future uses in the shopping center. Parkin Plaza Diamond Bar is a multi -tenant shopping center that has a standard parking requirement for all uses in the center of one parking space for every 300 square feet of floor area. The parcel that College Focus will be located provides 126parking spaces which meet this parking requirement. The purpose of the CUP is to regulate the staffing and hours of operation rather than the impacts the use will have on parking. College Focus has a limited number of customers that can be served at any one time; has only one employee on site full time; and, due to the nature of the business, does not generate a high demand for excessive parking. Additional Review The Building and Safety Division reviewed this project and has provided conditions of approval which are incorporated within the attached draft resolution. CUP 2009-01 Page 3 ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA, as set forth under Article 19 Section 15301(e) (Existing Facilities) of the CEQA Guidelines. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune as prescribed by law. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project was continued on April 28, 2009, to the May 12, 2009, public hearing due to the failure of the applicant to post the site. The project site was posted with a display board. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-01, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: e-KZa�fr Senior Planner Attachments: 1. Draft Resolution 2. Aerial 3. Exhibit "A" - site plan and floor plan Reviewed by: Greg Gub an, AICP, Acting Community Development Director CUP 2009-01 Page 4 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-01, A REQUEST TO APPROVE COLLEGE FOCUS TO OPERATE WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS PLAZA DIAMOND BAR. THE PROJECT SITE IS LOCATED AT 2040 S. BREA CANYON ROAD, SUITE 230 (APN: 8765-001-007), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Mark Corkery representing College Focus, have filed an application for Conditional Use Permit No. 2009-01 to allow tutoring and educational guidance counseling uses to take place at 2040 S. Brea Canyon Road, Suite 230, 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 nine property owners within a 500 -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 28, 2009, the Planning Commission continued the public hearing that was scheduled to take place for Conditional Use Permit 2009-01 to May 12, 2009, due to lack of proper public notice being posted at the site. 4. On May 12, 2009, 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 has determined the Application to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301(a) of the CEQA Guidelines (Existing Facilities). No further environmental review is required. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: a. 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. In accordance with Diamond Bar Municipal Code (DBMC) Section 22.10.030, Table 2-6, specialized education and non -degree training are permitted in the C-2 zoning district with approval of a conditional use permit. Additionally, the proposed Project complies with other applicable provisions of the Development Code and Municipal Code. b. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage neighborhood serving retail and service commercial uses" The site is not located within a specific plan area. G. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity, College Focus is located within an existing tenant space on the second floor of a commercial building which is occupied by a tutoring center which operated under an approved CUP, professional offices and other similar uses. As such, the operational characteristics are compatible with the existing and future lands uses in the vicinity. d. 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 site is an existing commercial building that is developed for the use of retail and office type uses; College Focus provides a service that is compatible to the other uses currently taking place at the site. e. 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. Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public 2 Conditional Use Permit No. 2009-01 health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 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) College Focus is permitted as a college counseling business with tutoring as an accessory use. If the tutoring portion of the business is increased to the primary use the CUP shall be reviewed and amended where necessary. (b) The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (c) This Conditional Use Permit shall be valid only for 2040 S. Brea Canyon Road, Suite 230. If College Focus moves to a different location or expands into additional tenant spaces, 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 College Focus ceases to operate, the approved Conditional Use Permit shall expire. (d) All employees of College Focus shall use parking in the rear of the commercial center. (e) The hours of operation shall be limited to 11 a.m. to 8 p.m. Monday through Thursday, 11 a.m. to 5 p.m. Friday, 10 a.m. to 5 p.m. Saturday and closed on Sundays. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (f) Tutoring classes shall be limited to a maximum of five students per session. An increase in the number of students shall require an amendment to the approved Conditional Use Permit. Building and Safety Division (a) The tenant space shall meet all occupancy limitations and access requirements as required per the 2007 California Building Code. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and 3 Conditional Use Permit No. 2009-01 (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 Mark Corkery 1601 Dove Street, Suite 299 Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 12TH OF MAY, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. go Tony Torng, Chairman I, Greg Gubman,-Planning Commission Secretary, do herebycertify 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 12th day of May 2009, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSTAIN: Commissioner: ABSENT: Commissioner: ATTEST: Greg Gubman, Secretary 4 Conditional Use Permit No. 2009-01 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND. RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2009-01 SUBJECT: College Focus APPLICANT: Mark Corkery LOCATION: 2040 S. Brea Canyon Road, Suite 230, 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. 2009-01 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: 5 Conditional Use Permit No. 2009-01 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City 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. 2009-01, 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. College Focus 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 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. 6 Conditional Use Permit No. 2009-01 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 come first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of 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. 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J Customer Copy Label 11-F, April 2004 �EXPRESS kFAIL UNITED STATES POSTAL SERVICE® Post OfficeTo Addressee: • ELIVERY (POSTAL USE ONLY Delivery Attempt Time ❑ AM Employee Signature Mo. Day ❑ PM Delivery Attempt Time El AM Employee Signature Mo. Day ❑ PM Delivery Date Time ElAM Employee Signature ISI y I WAIVER OF SIGNATURE (Uar;: sA.; Mw Ont,) Addrlionnl morchmelise In•Ufa11Ce 15 --- . — .I V61r1 if waiver of 5lgnaturc 15 rrquc5ted. I a ••1• dr+':xry m 1,. n1aArt w •hr,ul uU!o ra:y Sign" i I+nA(,tos5ee or.u•Arr'r.;ri•'•! i'!:ent;d!x'rynrv!n:q oycu udgl t'.,, it vJ!•Hin en:un i•t:,v:<`rj anA1soil�cvn Ilr!tc�•: vPN rnir.'rryau s.yt.aW rrc^5tlni:m lid preolofdelivery NO DELIVERY nWuckcrd rl tlauday i • ! r +C �%� L Lu•idmm S:arntule Postal Service 0 No ^ TO: (PLEASE PRINT) PHONE 1 1 r - a �� ' L // ,/1,•'/1 r_7r..tr ;f7Jy�f-f51 4. �tl I I 1-3 i P' t CITY OF DIAMf3N'&%AAA"- " " '"er�it�r�nierss" e � NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On May 12, 2009, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On May 8, 2009, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on May 8, 2009, at Diamond Bar, California. Stella Marquez — Community Development Department g.\\aff idavitpostin g. doc