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HomeMy WebLinkAboutPC 2008-10PLANNING COMMISSION RESOLUTION NO. 2008-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03, A REQUEST TO CONTINUE USING DIAMOND BAR HILLS CLUB AS A RECREATIONAL FACILITY AT 1673 MAPLE HILL ROAD, (APN: 8293-018- 008), DIAMOND BAR, CA. A. RECITALS Applicant, YMCA, has filed an application for Conditional Use Permit No. 2008-03, for property located at 1673 Maple Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application," or "Proposed Use." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. 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 March 25, 2008, 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: 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 pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated there under in that the existing facility shall have no expansion of use. 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 wildlife 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 site is within an existing single family residential zone located near the Northwest corner of Maple Hill Road and Diamond Bar Boulevard. The proposed use will occupy a space of 4,100 square feet within a 2.13 acre lot at 1673 Maple Hill Road. (b) The project site has a General Plan land use designation of Single Family Residential (RLM); (c) The zoning designation for the project site is Low/Medium Residential (RLM), in within which recreational uses may be established, subject to approval of a Conditional Use Permit; (d) Generally the following zones surround the project site: North: Low/Medium Residential (RLM) zone; South: Low/Medium Residential (RLM) zone; East: Low/Medium Residential (RLM) zone; West: Low/Medium Residential (RLM) zone; (e) According to Development Code Section(s) 22.58 and 22.01.030 Table 2-6, this Application is a request to obtain a Conditional Use Permit to allow the continued use of a recreational facility. The site consists of a swimming pool, two basketball courts, and a recreational facility. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The Proposed Use is permitted in the RLM Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code. (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 Low Density Residential, which provides for the establishment of cultural facilities, libraries, museums, park, playgrounds, recreational facilities, religious place of worship, schools, and single family residential. The Proposed Use is considered a recreational facility 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. 2 Planning Commission Resolution No. 2008-10 (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 proposed use is in fact an existing facility that has existed in harmony within its surroundings since 1965. The project site is approximately 2.18 acres and developed with an existing recreational office of approximately 4,100 square feet, a swimming pool, two basketball courts, open playing field and 25 parking spaces. No physical changes to the facility are proposed at this time. Pursuant to Development Code Section 22.30.030, Table 3-10, 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. On the basis of the Development Code Parking Standards, 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 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 Proposed Use, as referenced above in items (t) and (h), meets the required development standards for the RLM zone with a 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 recreational facility is 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 Q} 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 (1) through (j), the Proposed Use as conditioned herein will meet 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); 3 Planning Commission Resolution No. 2008-10 In accordance with the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations, for the reason stated in Section B.2 of this resolution. 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, floor plan, and photographs of the site labeled as Exhibit 'A," as submitted, amended herein and approved by the Planning Commission. (b) Hours of operation and operating characteristics shall be as follows: Das of Operation Monday— Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 prn Peak Hour of Operation 6:00 am to 1:00 prn Swim Team Practice: Number of Class Per Business Day 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:00pm to 8:00 pm Time Frame Per Class 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 15 em to ees Vehicles Used For Business None Special Events/Exhibitions None 4 Planning Commission Resolution No. 2008-10 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 1673 Maple Hill Road. If the Proposed Use moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. (d) The applicant shall apply for and obtain sign permits and applicable permit fees prior to the installation of any exterior sign. The tenant improvement plans submitted for plan check and building permit include the following statement: "separate permit is required for all wall and monument signs." 6. 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: YMCA of Pomona Valley, 350 N. Garey, Pomona, CA 91767 APPROVED AND ADOPTED THIS 25th OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: X4,, " — 4, vy Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted bythe Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of March 2008, by 1the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners Nolan, VC/Torng, Lee, Chair/Nelson None None Shah ATTEST: Gre Gubman, Secretary 5 Conditional Use Permit No. 200B-03 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 SUBJECT: To continue using Diamond Bar Hills Club as a recreational facility PROPERTY OWNER: Diamond Bar Hills Club, 1673 Maple Hill Road, Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley LOCATION: 1673 Maple Hill Road, 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. 2008-03 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: 6 Planning Commission Resolution No. 2008-10 (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 descendents. 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. 2008-03, at the City of Diamond Bar Community and Development Services 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. Signed copies of the Planning Commission Resolution No. 2008-10, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 5. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. 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. 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. 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 comes first), as required by the City. School fees as required shall be paid prior to 7 Planning Commission Resolution No. 2008-10 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 forthe processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2008-03 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. D. SITE DEVELOPMENT 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 I i I__ -rL-- r+ .....,:...:,.., rr. , nr mr%rlifv fico ('nnrlifinnaI PLANNING COMMISSION RESOLUTION NO. 2008-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03, A REQUEST TO CONTINUE USING DIAMOND BAR HILLS CLUB AS A R.ECREATIONAL FACILITY AT 1673 MAPLE HILL ROAD, (APN: 8293-018- 008), DIAMOND BAR, CA. A. RECITALS 1. Applicant, YMCA, has filed an application for Conditional Use Permit No. 2008-03, for property located at 1673 Maple Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application," or "Proposed Use." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. 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 March 25, 2008, 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 hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated there under in that the existing facility shall have no expansion of use. 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 wildlife 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 site is within an existing single family residential zone located near the Northwest corner of Maple Hill Road and Diamond Bar Boulevard. The proposed use will occupy a space of 4,100 square feet within a 2.13 acre lot at 1673 Maple Hill Road. (b) The project site has a General Plan land use designation of Single Family Residential (RLM); (c) The zoning designation for the project site is Low/Medium Residential (RLM), in within which recreational uses may be established, subject to approval of a Conditional Use Permit; (d) Generally the following zones surround the project site: North: Low/Medium Residential (RLM) zone; South: Low/Medium Residential (RLM) zone; East: Low/Medium Residential (RLM) zone; West: Low/Medium Residential (RLM) zone; (e) According to Development Code Section(s) 22.58 and 22.01.030 Table 2-6, this Application is a request to obtain a Conditional Use Permit to allow the continued use of a recreational facility. The site consists of a swimming pool, two basketball courts, and a recreational facility. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The Proposed Use is permitted in the RLM Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code. (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 Low Density Residential, which provides for the establishment of cultural facilities, libraries, museums, park, playgrounds, recreational facilities, religious place of worship, schools, and single family residential. The Proposed Use is considered a recreational facility 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. 2 Planning Commission Resolution No. 2008-10 (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 proposed use is in fact an existing facility that has existed in harmony within its surroundings since 1965. The project site is approximately 2.18 acres and developed with an existing recreational office of approximately 4,100 square feet, a swimming pool, two basketball courts, open playing field and 25 parking spaces. No physical changes to the facility are proposed at this time. Pursuant to Development Code Section 22.30.030, Table 3-10, 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. On the basis of the Development Code Parking Standards, 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 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 Proposed Use, as referenced above in Items (f) and (h), meets the required development standards for the RLM zone with a 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 recreational facility is 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 a) 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), the Proposed Use as conditioned herein will meet 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); 3 Planning Commission Resolution No. 2008-10 In accordance with the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations, for the reason stated in Section 8.2 of this resolution. 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, floor plan, and photographs of the site labeled as Exhibit 'A," 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 — Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 pm Peak Hour of Operation 6:00 am to 1:00 pm Number of Class Per Business Day Swim Team Practice: 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:OOpm to 8:00 pm Time Frame Per Class 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 15 employees Vehicles Used For Business None Special Events/Exhibitions None 4 Planning Commission Resolution No. 2008-10 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 1673 Maple Hill Road. If the Proposed Use moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. (d) The applicant shall apply for and obtain sign permits and applicable permit fees prior to the installation of any exterior sign. The tenant improvement plans submitted for plan check and building permit include the following statement: "separate permit is required for all wall and monument signs." 6. 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: YMCA of Pomona Valley, 350 N. Garey, Pomona, CA 91767 APPROVED AND ADOPTED THIS 25th OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ( gk\-- Steve Nelson, Chairman I, Greg Gubman, 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 25th day of March 2008, by the following vote: AYES: Commissioners: Nolan, VC/Torng, Lee, Chair/Nelson NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Shah ATTEST: Greg Gubman, Secretary 5 Conditional Use Permit No. 2008-03