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HomeMy WebLinkAboutPC 2003-26PLANNING COMMISSION RESOLUTION NO. 2003-26 A RESOLUTION OF THE DIAMOND BAR PLANNING CO MISION APPROVING CONDITIONAL USE PERMIT 2000-03( ) AND CATEGORICAL EXEMPTION, A REQUEST TO MOD Y THE EXISTING PERMIT TO ADD 1,300 SQUARE FEET FR M AN ADJOINING RETAIL SUITE FOR THE MONT SSORI ELEMENTARY SCHOOL USE AND TO CONVERT THE E E ISTING ELEMENTARY CLASSROOM USE TO CHILD DAY CA USE. THE PROJECT ADDRESS IS 23555 PALOMINO DRIVE LOT 2, PARCEL MAP 2757), DIAMOND BAR, CA A. RECITALS 1. The property owner, AP Diamond Bar, LLC, and applicant, Diamon J Bar Montessori Academy, have filed an application for Conditional Use Fermit 2000-03(1) for a property located at 23555 Palomino Drive, Diamonc Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Perm*. and Categorical Exemption shall be referred to as the "Application." 2. On August 8, 2000, the Planning Commission conducted a duly ncticed public hearing on Conditional Use Permit No. 2000-03 a d Categorical Exemption, and approved such per Planning Commission Resolution No. 2000-14. 3. On July 24, 2003, 264 property owners within the projectsite's 700 feet radius were mailed a public hearing notification, and the public hearing notification was posted at three other public places in thE applica on's vicinity. On July 29, 2003, this project's public hearing notification was r lade in the San Gabriel Valley Tribune and the Inland Vallev ailv Bulletin newspapers, and the public hearing notification was poste on a di play board at the site. 4. On August 12, 2003, the Diamond Bar Planning CommissioncOnductec� and concluded a duly noticed public gearing on the Application. II II B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by he 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 there under. This is pursuant to Section 15301(a) 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's address is 23555 Palomino Drive. The suites are in the legal non -conforming commercial center located on Lot 2, Parcel Map 2757, that is approximately 3.3 gross acres. The existing commercial shopping center has mixed uses of community retail and service. (b) The General Plan Land Use designation is General Commercial (C) and Community Commercial -Billboard Exclusion (C -2 -BE) is the zoning. (c) The following zones surround the project site: to the north are 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 requests to modify the existing permit to add 1,300 square feet from an adjoining retail suite for the Montessori elementary school use and to convert the existing elementary classroom use to child day care use. 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 2 applicable provisions of this Development Code and the Mu Code. Per Municipal Code Section 22.66.060(2), theinicipal ginal review authority, Planning Commission, shall consider chas that re a part of the review authority's consideration. Theange i the number of students applies. In accordance with ode Section 22.10.030, Table 2-6, a child day care center 's permih ed in the C -2 -BE Zone with the review and approval of a C nditiona Use Permit, which analyzes specified activities and uses w ose eff t on the surrounding area cannot be determined before bein propos d for a particular location. A private school, Montessori scho 1, is pem lifted with a Zoning Clearance. As conditioned, the propose uses comply with all other applicable provisions of the Developm nt Code and Municipal Code. (f) The proposed use is consistent with the General Ran and any applicable specific plan. The General Plan land use designation is General Commercial (C). This land use designation provides for regional, free ay oriented, and/or community retail and service commercial uses. The uses are service commercial and consistent with the General Plan. There no change to the site's exterior configuration. The site's architec ural style, construction materials and colors, are consistent at ld compa ible with the surrounding commercial sites. Therefore, the design nd layout of the proposed project is consistent with the applic ble elements of the City's General Plan. A specific plan doe 5 not exis t for the project site. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and futurc land uses in the vicinity. The proposed uses are within an existing legal non-conforrring commercial center processed by Los Angeles County fil 1979. he center does not meet the current Development Code's setb ck requirements. There are no changes, expansion, r struct fral alterations to this existing legal non -conforming st tare. he existing site is within the Community Commercial — Billbo rd Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits a ct ild day c ire center with the approval of a Conditional Use Permit and Montes ori school with a Zoning Clearance. Both are conforming uses. There is no change to the site's exterior configuration, ano Y the carr nt site is adequate in size and shape to accommodate the yards, wa Is, 3 fences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate the 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. The proposed project enlarges the child day care center and school uses. The Applicant is required to obtain approvals from 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 proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The proposed project involves adding square footage for the Montessori elementary school use and converting the existing elementary classroom use to child day care use. This adds students to the enrollment and requires the Conditional Use Permit to be reviewed and approved. However, the additional square footage does not alter the commercial center's physical appearance in which the use is located. Access for the site exists and is adequate. Utilities exist 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 addition of 1,300 square feet to the existing use. 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). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). 4 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, f oor plan , and elevations collectively labeled as Exhibit "A" dated A gust 12,003, as submitted and amended herein. (b) Planning Commission Resolution No. 2000-14 shall remain lin full force and effect except as amended herein. (c) The shopping center site shall be maintained in a condition that s free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, s all be done only by the property owner, applicant or by duly p ermitted aste contractor, who has been authorized by the City to provide colt tion, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within tie City. ! shall be the applicant's obligation to insure that the waste co itractor u ilized has obtained permits from the City of Diamond Bar to provide such services. (d) The two uses, Montessori elementary school and child day care center, shall not use the outdoor play area at the same time. (e) The Applicant shall comply with the requirements of the 3tate Department of Social Services, State Department of Education l=ire Department, Los Angeles County Business License D partmen , Los Angeles County Health Department, and City Planning, Buildini and Safety, and Public Works Divisions. The Applicant shall a in compliance with all requirements of said agencies ai all times and receive all approvals and licenses prior to change in use as approved in Planning Commission Resolution No. 2000-14. (f) To ensure compliance with all conditions of approval cand appli able codes, the Conditional Use Permit shall be subjecl to peri dical review. If non-compliance with conditions of approval occur , the Planning Commission may review the Conditional Use Permi and additional operational conditions may be added. (g) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. Aone- (1) year extension may be approved when submitted to the C ty in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at al duly no iced 5 public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (h) 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. (i) 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 Department 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, LLC, 310 Golden Shore, #300, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By:A I rJo Steve ye, Chaim*n ' 1, James DeStefano, Planning Commission Secretary, do hereby certify that the 1 Resolution was duly introduced, passed, and adopted, at a regular meeting of the Commission held on the 12th day of August, 2003, by the following vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, V/C N NOES: ABSENT: ABSTAIN: ATTEST: 1 1 7 mg ing , ChOr/Tye I I I A. B. PLANNING COMMISSION RESOLUTION NO. 2003-26 A RESOLUTION OF THE DIAMOND BAR PLANNING COI APPROVING CONDITIONAL USE PERMIT 2000-031 CATEGORICAL EXEMPTION, A REQUEST TO MODI EXISTING PERMIT TO ADD 1,300 SQUARE FEET FI ADJOINING RETAIL SUITE FOR THE MONI ELEMENTARY SCHOOL USE AND TO CONVERT THE E ELEMENTARY CLASSROOM USE TO CHILD DAY CAI THE PROJECT ADDRESS IS 23555 PALOMINO DRIVE PARCEL MAP 2757), DIAMOND BAR, CA RECITALS The property owner, AP Diamond Bar, LLC, and applicant Montessori Academy, have filed an application for Conditioi 2000-03(I) for a property located at 23555 Palomino Drive, Los Angeles County, California as described in the title of tl Hereinafter in this Resolution, the subject Conditional Uc Categorical Exemption shall be referred to as the "Applicatic ) AND 'Y THE DM AN USE. )T 2, amonV Ba, Use rmit ,mon Bar, 11 do Reso on 31 ermi and 2. On August 8, 2000, the Planning Commission conducted a duly public hearing on Conditional Use Permit No. 2000-03 and Cal Exemption, and approved such per Planning Commission Re No. 2000-14. 3. On July 24, 2003, 264 property owners within the project site's 7C radius were mailed a public hearing notification, and the public h notification was posted at three other public places in the applic— vicinity. On July 29, 2003, this project's public hearing notifica ion was in the San Gabriel Valley Tribune and the Inland Vallev Dailv B newspapers, and the public hearing notification was postec on a d board at the site. 4. On August 12,2003, the Diamond Bar Planning Commission concluded a duly noticed public hearing on the Application. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the forth in the Recitals, Part A, of this Resolution are true and c"zc feet and set 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 there under. This is pursuant to Section 15301 (a) 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's address is 23555 Palomino Drive. The suites are in the legal non -conforming commercial center located on Lot 2, Parcel Map 2757, that is approximately 3.3 gross acres. The existing commercial shopping center has mixed uses of community retail and service. (b) The General Plan Land Use designation is General Commercial (C) and Community Commercial -Billboard Exclusion (C -2 -BE) is the zoning. (c) The following zones surround the project site: to the north are 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 requests to modify the existing permit to add 1,300 square feet from an adjoining retail suite for the Montessori elementary school use and to convert the existing elementary classroom use to child day care use. 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 2 applicable provisions of this Development Code I Code. Per Municipal Code Section 22.66.060(2), the c authority, Planning Commission, shall consider chang part of the review authority's consideration. The , number of students applies. In accordance with V, Section 22.10.030, Table 2-6, a child day care center the C -2 -BE Zone with the review and approval of a C Permit, which analyzes specified activities and uses w the surrounding area cannot be determined before bein a particular location. A private school, Montessori scho with a Zoning Clearance. As conditioned, the propose, with all other applicable provisions of the Developm, Municipal Code. The proposed use is consistent with the General applicable specific plan. The General Plan land use designation is General C4 This land use designation provides for regional, frei andlor community retail and service commercial uses. service commercial and consistent with the General Ph change to the site's exterior configuration. The site' style, construction materials and colors, are consistent - with the surrounding commercial sites. Therefore, t, layout of the proposed project is consistent with I elements of the City's General Plan. A specific plan do, the project site. (9) The design, location, size and operating cha proposed use are compatible with the existing and the vicinity. I The proposed uses are within an existing legal no commercial center processed by Los Angeles County center does not meet the current Development Co requirements. There are no changes, expansion, alterations to this existing legal non -conforming stn existing site is within the Community Commerc Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits center with the approval of a Conditional Use Permit an school with a Zoning Clearance. Both are conforming b the Municipal riginal review 9s that K ore a hange J, 7 the inicipal 3ode s permit, ed in nditiona'Use ose effect on I proposed for 1, is pern iitted uses comply nt Code and Ian and any 77mercial (C). vay oriented, e uses are Thereisno architeciural d compa rible design —nd not exisit for stics of the land uses in -conforrr ing 1979. The e's setb c Pr struct!-ZI ,tu re. he rd Dire There is no change to the site's exterior configuration, an— the "S site is adequate in size and shape to accommodate ti e ards 3 fences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate the 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. Theproposed project enlarges the child day care center and school uses. The Applicant is required to obtain approvals from 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 proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The proposed project involves adding square footage for the Montessori elementary school use and converting the existing elementary classroom use to child day care use. This adds students to the enrollment and requires the Conditional Use Permit to be reviewed and approved. However, the additional square footage does not alter the commercial center's physical appearance in which the use is located. Access for the site exists and is adequate. Utilities exist 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 addition of 1,300 square feet to the existing use. 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The city's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 1530 1 (a). 4 5. Based upon the findings and conclusion set forth abov the Commission hereby approves this Application subjec the conditions: (a) The project shall substantially conform to site plan, floor plan—1 and elevations collectively labeled as Exhibit "A" dated A gust 12, 003, as submitted and amended herein. I r (b) Planning Commission Resolution No. 2000-14 shal remain in full force and effect except as amended herein. I I (c) The shopping centersite shall be maintained in a cond ition that s free of debris both during and after the implementation of she entitle ment granted herein. The removal of all trash, debris, and i efuse, slr all be doneonlybythe propertyowner, applicant orbyduly p ermitted Neste contractor, who has been authorized bythe Cityto pro vide colle ction, transportation, and disposal of solid waste fro m reside ntial, commercial, construction, and industrial areas within t e City. I shall be the applicant's obligation to insure that the waste co itractor u ilized has obtained permits from the City of Diamond Bar t o provide such services. (d) The two uses, Montessori elementary school and child day care center, shall not use the outdoor play area at the sarr e time. (e) The Applicant shall comply with the requirements of the State Department of Social Services, State Department of E ducation , Fire Department, Los Angeles County Business License Di 1partmem Los Angeles County Health Department, and City Plannini 1, Building and Safety, and Public Works Divisions. The Applica. it shall i )e in compliance with all requirements of said agencies a all timec and receive all approvals and licenses prior to change in u as app ed FV in Planning Commission Resolution No. 2000-14. (f) To ensure compliance with all conditions of approval and appk mble codes, the Conditional Use Permit shall be subjeci to peri( dical review. If non-compliance with conditions of approval occurc, the Planning Commission may review the Conditional Use Permi and additional operational conditions may be added. (g) 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 Qty in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly no:iced 5 public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (h) 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. (i) 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 derninimis 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 Department 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, LLC, 310 Golden Shore, #300, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: "-r Steve—Yy-e, Chairrofin 6 1, James DeStefano, Planning Commission Secretary, do hereby certify th Resolution was duly introduced, passed, and adopted, at a regular meetin( Commission held on the 12th day of August, 2003, by the following vote': AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, V/C N NOES: ABSENT: ABSTAIN: ATTEST: it the I of the