Loading...
HomeMy WebLinkAboutPC 2000-14- PLANNING COMMISSION RESOLUTION NO. 2000-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT 2000-03 AND CATEGORICAL EXEMPTION 15301, A REQUEST TO OPERATE A CHILD DAY CARE CENTER IN CONJUNCTION WITH A MONTESSORI SCHOOL IN AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757), DIAMOND BAR CA. A. Recitals 1. The property owner, AP Diamond Bar, L.L.C., and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03 for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On July 25, 2000, 264 property owners within a 700 -foot radius of the project site were notified by mail. On July 28, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing., Three other public places were posted within the vicinity of the application. 3. On August 8, 2000, the Planning Commission of the City of Diamond Bar conducted 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. 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. 1 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 of Article 19 of Chapter 3, Title 14 of the California, -Code of Regulations., 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23555 Palomino Drive (Lot 2, Parcel Map 2757), Diamond Bar, CA, a suite within an existing commercial shopping center with mixed uses of community retail and service. The project site is 3.323 acres. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned. Community Commercial -Billboard Exclusion (C -2 -BE). (c) Generally, the following zones and uses surround the project site: 'to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the Community Commercial -Billboard Exclusion (C -2 -BE) Zone. (d) The application is a request to operate a child day care center in conjunction with a Montessori school in an existing shopping center for a maximum occupancy of 104. F CONDITIONAL USE PERMIT (e) 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 Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, of the Development Code, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit. The Montessori School is permitted with a Zoning Clearance. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and Municipal Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use and as such is consistent with the General Plan. As there is no change to the site's exterior configuration, the current, site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan. Additionally, a specific plan does not exist for the project site. (g) The design, location, size characteristics of the proposed with the existing and future vicinity. 3 r- - -_ , 1_.,�_t.. 4--e»_p—_—,�_- -��'.. ".. .«,,.niaui11un..y..., " i,am.--r'��...w�...«��a,.,—_ and operating use are compatible land uses in the The proposed uses are within an existing legal non-- on-conforming conformingcommercial center process by Los AngelesY,j,r, County in 1979 that does not meet the current Development Codes setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site of the proposed project is within the Community Commercial - Billboard Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits a child day care center ,with the approval of a Conditional Use Permit and Montessori School with a Zoning Clearance. Both are conforming uses. There is no change to the site's exterior configuration, and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading - facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. Since the proposed project affects the re -opening of a child day care center and school, and have received the approval of the Los Angeles County Fire Department and State of California, Health and Welfare Agency, the`;:A operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/ intensity of use being proposed. including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As referenced in Item (h.) above, the proposed project involves the re -opening of a child day care center and school. Though the current Development Code requires a Conditional Use Permit review and approval, the re -opening of the use does not alter the physical appearance of the structure or the commercial center in which the use is located. Although this is an existing development, the proposed project would be permitted with the appropriate -approvals. Access for the site is existing and is adequate. Utilities are existing and are adequate to serve the proposed use. 0 (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are required for the use of child day care although this is an existing facility needing no construction permits. The inspections and appropriate licenses and operational conditions listed within this resolution will ensure that the facility -will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). ,-a The environmental evaluation shows that the proposed project is- Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301. (k) The proposed project will be in substantial compliance with the adopted Economic Revitalization Area. The proposed project is located within the Economic Revitalization Area. The proposed project- is consistent with the Economic Revitalization Area Plan in that the proposed project implements the applicable policies as present in the City's General Plan and complies with development limits and standards established by the City's Development Code; and promotes the economic development of the Project Area by providing an attractive, well serviced, well protected. environment for all residents and visitors; and promotes local job opportunities. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated August '8, 2000 as submitted and as amended herein. (b) The shopping center site shall be cleaned and maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, shall be done only by the property owner, applicant -or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the .City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicants shall be required to designate the five (5) parking spaces in front of the school as 15 -minute with green curb. (d) Applicant shall obtain a Minor Variance for the decrease in the number of required off-street parking spaces. (e) Employees of the shopping center and school shall utilize parking in the rear of the shopping center. (f) Regular hours of operation shall be limited to between 6:00 a.m. and 6:30 p.m. Monday through . Friday. Special event operating hours shall be reviewed and approved by the Planning Division. (g) The two uses, Montessori School and Child Day Care Center, shall not use the outdoor play area at the same time. (h) Applicant shall replace missing wooden slats in the rear fencing and gate. () Y i Play equipment in the front outdoor play area shall be portable. 111 (j} The Applicant shall comply with the requirements of the State Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department, Los An y Angeles Count Health Department, and City g 6 F. Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to opening for students. (k) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (1) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any = such fee- and -any fine which the -Departz�t determines to be owed. 7 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 AP Diamond Bar, L.L.C., 12383 Lewis St., Suite 200, Garden Grove, CA 92840, and Diamond Bar Montessori Academy, 1861 Paseo La Paz, Pomona, CA 91768. APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: �. Steve Nelson, Chairman I, James DeStefano, 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 8th day of August, 2000, by the following vote: AYES: Ruzicka, Tye, Kuo, Vice Chairman Zirbes, Chairman Nelson NOES: ABSENT: ABSTAIN: ATTEST: es DeSte=ano, Secretary J D:WORD-LINDA/PLANCOMM/PROJECTS/CUP 2000-03 23555 PALOMINO/RESO ... L A. Recitals PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT 2000-03 AND CATEGORICAL EXEMPTION 15301, A REQUEST TO OPERATE A CHILD DAY CARE CENTER IN CONJUNCTION WITH A MONTESSORI SCHOOL IN AN EXISTING SHOPPING CENTER. THE PROJECT SITE I'S 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757), DIAMOND BAR CA. The property owner, AP Diamond Bar, L.L.C., and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03 for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On July 25, 2000, 264 property owners within a 700 -foot radius of the project site were notified by mail. On July 28, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. 3. On August 8, 2000, the Planning Commission of the City of Diamond Bar conducted 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. 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 that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 of Article 19 of Chapter 3, Title 14 of the California -Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon -the proposed project set forth in the application, there is no evidence before this Planning Con -mission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth -herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23555 Palomino Drive (Lot 2, Parcel Map 2757), Diamond Bar, CA, a suite within an existing commercial shopping center with mixed uses of community retail and service. The project site is 3.323 acres. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned,. Community Commercial -Billboard Exclusion (C -2 -BE). (c) Generally, the following zones and uses surround the project site: 'to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Conunercial (C-1) Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the community commercial -Billboard Exclusion (C -2 -BE) Zone. (d) The application is a request to operate a child day care center in conjunction with a Montessori school in an existing shopping center for a maximum occupancy of 104. CONDITIONAL USE PERMIT (e) 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 Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, of the Development Code, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit. The Montessori School is permitted with a Zoning Clearance. As conditioned, the proposed uses will comply with all other applicable provisions of the Development Code and Municipal Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use and as such is consistent with the General Plan. As there is no change to the site's exterior configuration, the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding-, commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan. Additionally, a specific plan does not exist for the project site. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 00 The proposed -uses are within an existing legal non7 conforming commercial center process by Los Angeles County in 1979 that does not meet the current Development Codes setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site of the proposed project is within the Community Commercial - Billboard Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits a child day care center with the approval of a Conditional Use Permit and Montessori School with a zoning Clearance. Both are conforming uses. There is no change to the site's exterior configuration, and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading - facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. Since the proposed project affects the re -opening of a child day care center and school, and have received the approval of the Los Angeles County Fire Department and State of California, Health and Welfare Agency, the operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/ intensity of use being propo-sed, including access, provisions of utilities, compatibility with adjoining land uses„ and the absence of physical constraints. As referenced in Item (h.) above, the proposed project involves the re -opening of a child day care center and school. Though the current Development Code requires a Conditional Use Permit review and approval, the re -opening of the use does not alter the physical appearance of the structure or the commercial center in which the use is located. Although this is an existing development, the proposed project would be permitted with the appropriate -approvals. Access for the site is existing and is adequate. Utilities are existing and are adequate to serve the proposed use. (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are required for the use of child day care although this is an existing facility needing no construction permits. The inspections and appropriate licenses and operational conditions listed within this resolution will ensure that the facility -will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. Q) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301. (k) The proposed project will be in substantial compliance with the adopted Economic Revitalization Area. The proposed project is located within the Economic Revitalization Area. The proposed project- is consistent with the Economic Revitalization Area Plan in that the proposed project implements the applicable policies as present in the City's General Plan and complies,with development limits and standards established by the City's Development Code; and promotes the economic development of the Project Area by providing an attractive, well serviced, well protected - environment for all residents and visitors; and promotes local job opportunities. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated August 8, 2000 as submitted and as amended herein. (b) The shopping center site shall be cleaned and maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal' of all trash, debris, and refuse, shall be done only by the property owner, applicant -or by,duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid- waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Applicants shall be required to designate the five (5) parking spaces in front of the school as 15 -minute with green curb. (d) Applicant shall obtain a Minor Variance for the decrease in the number of required off-street parking spaces. (e) Employees of the shopping center and school shall utilize parking in the rear of the shopping center. (f) Regular hours of operation shall be limited to between 6:00 a.m. and 6:30 p.m. Monday through Friday. Special event operating hours shall be reviewed and approved by the Planning Division. (g) The two uses, Montessori School and Child Day Care Center, shall not use the outdoor play area at the same time. (h) Applicant shall replace missing wooden slats in the rear fencing and gate. (i) Play equipment in the front outdoor play area shall be portable. Q) The Applicant shall comply with the requirements of the State Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to opening for students. (k) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If noncompliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (1) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective -until the permittee -pays remaining City processing fees. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, -if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and - any fine which the-DepartrWeat determines to be -owed. 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 AP Diamond Bar, L.L.C., 12383 Lewis St., Suite 200, Garden Grove, CA 92840, and Diamond Bar Montessori Academy, 1861 Paseo La Paz, Pomona, CA 91768. APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: —J— Steve Ne son, Chairman I, James DeStefano, 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 8th day of August, 2000, by the following vote: AYES: Ruzicka, Tye, Kuo, Vice Chairman Zirbes, Chairman Nelson NOES: ABSENT: ABSTAIN: ATTEST: Mes De—St---ano, es DeSte-fano, Secretary D:WORD-LINDAIPLANCOMM/PROJECTS/CUP 2000-03 23555 PALOMINO/RESO