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HomeMy WebLinkAboutPC 2007-23PLANNING COMMISSION RESOLUTION NO. 2007-23 .4, RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-18 A REQUEST TO CHANGE THE HOURS OF OPERATION TO AN EXISTING MUSIC STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTRY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 2775-A DIAMOND BAR BOULEVARD (APN: 8285-020- 050, LOT 14, PARCEL MAP 247-28-31), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, Country Hills DB, LLC and applicant, Ara Cho, have filed an application to modify the hours of an approved Conditional Use Permit No. 2006-18, for a property located at 2775-A Diamond Bar Blvd, 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 80 property owners within a 500 -foot radius of the project site and notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. On April 24, 2007, 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: 11. 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 hereby finds that the project identified above in this Resolution is categorically exempt according to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Country Hills Town Center. The existing use occupies a space addressed 2775-A Diamond Bar Blvd. The Shopping Center is approximately 18 acres containing approximately 172,498 square feet of structure, which accommodates retail, office, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Community Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; South: Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) zone; East: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; West: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; 2 Planning Commission Resolution No. 2007-23 (e) According to Development Code Section(s) 22.58, this application is a request to modify an existing Conditional Use Permit to change the hours of operation. The existing site is identified as SOMA Music Academy. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; SOMA Music Academy was granted Planning Commission approval on November 14, 2006, in the C-2 Zone with the approval of Conditional Use Permit No. 2006-18 and Resolution No. 2006-45. (g) 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) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. SOMA Music Academy is considered a school/studio use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 18 acres and developed with an existing shopping center of approximately 172,498 square feet of structure with landscaping and approximately 1,012 parking spaces. The School/Studio center occupies an existing unit of approximately 1,040 square feet located at 2775-A Diamond Bar Blvd. According to Development Code Section 22.30.030, Table 3-10, it is required that five parking spaces be provided for SOMA Music Academy, plus one for each employee. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. 3 Planning Commission Resolution No. 2007-23 Considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Studio classes are offered and patrons' multiple purposes for visiting a shopping center, and the number of parking spaces available, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; SOMA Music Academy, as referenced above in items (t) and (h), meets the required development standards for C-2 zone with the modification of this Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is an existing and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and densityrintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (j) 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; As referenced above in Items (t) through (j) and previous conditions, SOMA Music Academy as conditioned herein meets the City's minimum development standards. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); According to the provisions of the California Environmental Quality Act (CEQA) of 9970, as amended and the guidelines promulgated there 4 Planning Commission Resolution No. 2007-23 under, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. 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) The project shall substantially conform to a site plan labeled as Exhibit "A" dated April 11, 2007, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Sat urda ; Closed Sundays During School Summer/Winter/Spring Breaks Monday through Monday through Hours of Operation Friday: Friday: 11:00 am to 9:00 pm 8:00 am to 9:00 pm Saturday: Saturday: 8:00 am to 9:00 pm 8:00 am to 9:00 pm Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (c) This Conditional Use Permit shall be valid only for 2775-A Diamond Bar Blvd. If SOMA Music Academy moves to a different lot or unit and/or modifies any section of the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location and/or modification. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. 5 Conditional Use Permit No. 2006-18 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: Ara Cho, 22556 Birds Eye Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24th OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: (;I� j ' Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify 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 24th day of April 2007, by the following vote: AYES: Commissioners: Nolan, VC/Torng, Lee, Wei, Chair/Nelson NOES: Commissioners: None. ABSTAIN: Commissioners: None. ABSENT: Commissioners: None. ATTEST: 6 Conditional Use Permit No. 2006-18 PLANNING COMMISSION RESOLUTION NO. 2007-23 A, RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-18 A REQUEST TO CHANGE THE HOURS OF OPERATION TO AN EXISTING MUSIC STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTRY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 2775-A DIAMOND BAR BOULEVARD (APN: 8285-020- 050, LOT 14, PARCEL MAP 247-28-31), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owners, Country Hills DB, LLC and applicant, Ara Cho, have filed an application to modify the hours of an approved Conditional Use Permit No. 2006-18, for a property located at 2775-A Diamond Bar Blvd, 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 80 property owners within a 500 -foot radius of the project site and notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On April 24, 2007, 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: 11. 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 hereby finds that the project identified above in this Resolution is categorically exempt according to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Country Hills Town Center. The existing use occupies a space addressed 2775-A Diamond Bar Blvd. The Shopping Center is approximately 18 acres containing approximately 172,498 square feet of structure, which accommodates retail, office, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Community Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; South: Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) zone; East: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; West: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; 2 Planning Commission Resolution No. 2007-23 (e) According to Development Code Section(s) 22.58, this application is a request to modify an existing Conditional Use Permit to change the hours of operation. The existing site is identified as SOMA Music Academy. Conditional Use Permit (f) (9) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; SOMA Music Academy was granted Planning Commission approval on November 14, 2006, in the C-2 Zone with the approval of Conditional Use Permit No. 2006-18 and Resolution No. 2006-45. 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) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. SOMA Music Academy is considered a school/studio use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 18 acres and developed with an existing shopping center of approximately 172,498 square feet of structure with landscaping and approximately 1,012 parking spaces. The School/Studio center occupies an existing unit of approximately 1,040 square feet located at 2775-A Diamond Bar Blvd. According to Development Code Section 22.30.030, Table 3-10, it is required that five parking spaces be provided for SOMA Music Academy, plus one for each employee. This number constitutes a worst-case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. 3 Planning Commission Resolution No. 2007-23 Considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Studio classes are offered and patrons' multiple purposes for visiting a shopping center, and the number of parking spaces available, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. U) 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; SOMA Music Academy, as referenced above in Items (f) and (h), meets the required development standards for C-2 zone with the modification of this Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the shopping center is an existing and the proposed use does not require access modification. As a result, 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 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; As referenced above in Items (f) through (j) and previous conditions, SOMA Music Academy as conditioned herein meets the City's minimum development standards. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); According to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated there 4 Planning Commission Resolution No. 2007-23 under, this project is categorically exempt pursuant to Section 15301 of Article 19 ofChapter 3 of Title 14 the California Code of Regulations. 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) The project shall substantially conform to a site plan labeled as Exhibit "A" dated April 11, 2007, as submitted, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Sat urday; Closed Sundays During School Summer/Winter/Spring Breaks Monday through Monday through Hours of Operation Friday: Friday: 11:00 am to 9:00 pm 8:00 am to 9:00 pm Saturday: Saturday: 8:00 am to 9:00 pm 8:00 am to 9:00 pm Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; (c) This Conditional Use Permit shall be valid only for 2775-A Diamond Bar Blvd. If SOMA Music Academy moves to a different lot or unit and/or modifies any section of the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location and/or modification. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. 5 Conditional Use Permit No. 2006-18 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: Ara Cho, 22556 Birds Eye Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 24th OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I, Nancy Fong, Planning Commission Secretary, do hereby certify 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 24th day of April 2007, by the following vote: AYES: Commissioners: Nolan, VC/Torng, Lee, Wei, Chair/Nelson NOES: Commissioners: None. ABSTAIN: Commissioners: None. ABSENT: Commissioners: None. ATTEST: ong, Se etary ",-Nancy 6 Conditional Use Permit No. 2006-18