HomeMy WebLinkAboutPC 2008-13PLANNING COMMISSION
RESOLUTION NO. 2008-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 2008-02, A REQUEST TO ESTABLISH AN ART STUDIO AT
3209 BREA CANYON ROAD, SUITES B & C (APN: 8285-028-035),
DIAMOND BAR, CA.
A. RECITALS
Applicant, Spot Color, has filed an application for Conditional Use Permit
No. 2008-02, for property located at 3209 Brea Canyon Road, Suites B & C,
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 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 April 8, 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 from the provisions of the California
Environmental Quality Act (CEQA), under Class 1, Section 15301 (a) of the
CEQA Guidelines promulgated thereunder. Exemptions under Class 1
include minor alterations to existing facilities. This criterion applies to the
proposed project. 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 commercial center located at the
northwest corner of Brea Canyon Road and Diamond Bar Boulevard.
The proposed use will occupy a lease space of 1,600 square feet at
3209 Brea Canyon Road, Unit B & C. The center occupies
approximately 2.54 acres with approximately 24,763 square feet of
floor area, which accommodates multiple schools, studios, multiple
retail shops, and a day care center.
(b) The project site has a General Plan land use designation of General
Commercial (C);
(c) The zoning designation for the project site is Neighborhood
Commercial (C-2) zone, within which private educational facilities may
be authorized, subject to approval of a Conditional Use Permit (CUP).
(d) Generally the following zones surround the project site:
North: Freeway SR 57;
South: General Commercial (C-2) zone;
East: Freeway SR 57;
West: General Commercial (C-1) zone;
(e) Under the authority of Development Code Section 22.10.030- Table
2-6, this application is a request to obtain a Conditional Use Permit to
allow the operation of a school that facilitates the educational needs
of children and youths. The proposed use will occupy a lease space
of approximately 1,600 square feet. The unit will consist of a three
studio rooms, two restrooms, one storage room, one conference
room, and one presentation room.
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;
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Planning Commission Resolution No. 2008-13
The proposed art studio is permitted in the Neighborhood Commercial
(C-2) Zone with a Conditional Use Permit approval and as conditioned
herein will comply with all other applicable provisions of the
Development Code and the Municipal 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 General
Commercial (C) which provides for the establishment of regional,
freeway -oriented, and/or community retail and service commercial
uses. The proposed art studio is considered a school 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 2.54 acres and developed with an
existing shopping center of approximately 24,763 square feet of
structure with landscaping and approximately 145 parking spaces.
The Studio will occupy an existing lease space of approximately 1, 600
square feet located at 3209 Brea Canyon Road, Unit B & C. The
proposed use will not cause the addition of square footage to the site;
nor will the proposed use change physically in any way.
According to the Development Code Section 22.30.030, Table 3-10,
10 parking spaces are required for the proposed School. Based on a
parking calculation of existing occupied uses and vacant spaces, the
total number of parking spaces requires for the entire commercial
center is 143 and the site has 145. 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 art school, as referenced above in Items (0 and (h),
meets the required development standards for C-2 zone with a
Conditional Use Permit and as conditioned in this resolution will be
compatible with existing and future land uses. Provisions for utilities
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Planning Commission Resolution No. 2008-13
exist at the project site. Access to the commercial 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/intensify 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 (t) through (j), the proposed use as
conditioned herein will meet the City's minimum development
standards. Furthermore, prior to the issuance of any City permits, the
proposed project is required to comply with all conditions within the
approved resolution and requirements set forth by the City's Building
and Safety Division. 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);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA) of 9970, as amended and the guidelines promulgated
thereunder, this project is categorically exempt from the provisions of
CEQA pursuant to Section 95301 of Article 19 of Chapter of Title 14
of the California Code of Regulations; in that only minor interior
alterations are proposed to an existing structure.
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 and floor plan
labeled as Exhibit "A," as submitted, amended herein and approved
by the Planning Commission.
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Planning Commission Resolution No. 2008-13
(b) Hours of operation and operating characteristics shall be as follows:
Days of Operation
Monday through Saturday
Hours of Operation
Monday through Friday:
4:00 p.m. to 7:30 p.m.
Saturday:
1:00 p.m. to 4:30 p.m.
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 3209 Brea Canyon
Road, Unit B & C. If the use approved herein 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.
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: Spotcolor, Attention: Soo Kim, 2729 Saturn Street #A, Brea, CA
92821
APPROVED AND ADOPTED THIS 8th OF APRIL 2008, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Tony Torng, Vi hairman
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Planning Commission Resolution No. 2008-13
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 8th day
of April 2008, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners
ABSENT: Commissioners
ATTEST:
Lee, Shah, Nolan, VC/Torng
None
Chair/Nelson
None
M
Planning Commission Resolution No. 2008-13
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. 2008-02
SUBJECT: Art Studio in a vacant unit to occupy 1,600
square feet.
PROPERTY OWNER: Arnon Raphael
APPLICANT: Spotcolor
LOCATION: 3209 Brea Canyon Road, Unit B & C
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
1. 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. 2008-02 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:
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Planning Commission Resolution No. 2008-13
(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. 2008-02, 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. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2008-13,
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.
5. 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.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. 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.
9. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
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Planning Commission Resolution No. 2008-13
10. 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 priorto 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.
Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Conditional Use Permit No. 2008-02 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 Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
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Planning Commission Resolution No. 2008-13
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
4. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
Reception counter shall comply with the title 24 accessibility requirements.
END
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Planning commission Resolution No. 2008-13
PLANNING COMMISSION RESOLUTION NO. 2008-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2008-02, A REQUEST TO ESTABLISH AN ART STUDIO AT 3209 BREA CANYON ROAD, SUITES B & C (APN: 8285-028-
035), DIAMOND BAR, CA.
A. RECITALS
1. Applicant, Spot Color, has filed an application for Conditional Use Permit No. 2008-02, for property located at 3209 Brea
Canyon Road, Suites B & C, 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 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 April 8, 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 from the
provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301 (a) of the CEQA Guidelines promulgated
thereunder. Exemptions under Class 1 include minor alterations to existing facilities. This criterion applies to the proposed project.
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 commercial center located at the northwest corner of Brea Canyon Road and
Diamond Bar Boulevard. The proposed use will occupy a lease space of 1,600 square feet at 3209 Brea Canyon Road, Unit B & C.
The center occupies approximately 2.54 acres with approximately 24,763 square feet of floor area, which accommodates multiple
schools, studios, multiple retail shops, and a day care center.
(b) The project site has a General Plan land use designation of General Commercial (C);
(c) The zoning designation for the project site is Neighborhood Commercial (C-2) zone, within which private educational
facilities may be authorized, subject to approval of a Conditional Use Permit (CUP).
(d) Generally the following zones surround the project site:
North: Freeway SR 57;
South: General Commercial (C-2) zone;
East: Freeway SR 57;
West: General Commercial (C-1) zone;
(e) Under the authority of Development Code Section 22.10.030- Table 2-6, this application is a request to obtain a
Conditional Use Permit to allow the operation of a school that facilitates the educational needs of children and youths. The proposed
use will occupy a lease space of approximately 1,600 square feet. The unit will consist of a three studio rooms, two restrooms, one
storage room, one conference room, and one presentation room.
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;
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Planning Commission Resolution No. 2008-13
The proposed art studio is permitted in the Neighborhood Commercial (C-2) Zone with a Conditional Use Permit approval and as
conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal 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 General Commercial (C) which provides for the establishment of
regional, freeway -oriented, and/or community retail and service commercial uses. The proposed art studio is considered a school
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 2.54 acres and developed with an existing shopping center of approximately 24,763 square feet of
structure with landscaping and approximately 145 parking spaces. The Studio will occupy an existing lease space of approximately
1,600 square feet located at 3209 Brea Canyon Road, Unit B & C. The proposed use will not cause the addition of square footage to
the site; nor will the proposed use change physically in any way.
According to the Development Code Section 22.30.030, Table 3-10, 10 parking spaces are required for the proposed School. Based
on a parking calculation of existing occupied uses and vacant spaces, the total number of parking spaces requires for the entire
commercial center is 143 and the site has 145. 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 art school, as referenced above in Items (t) and (h), meets the required development standards for C-2 zone with a
Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for
utilities
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Planning Commission Resolution No. 2008-13
exist at the project site. Access to the commercial 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
(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 (1), the proposed use as conditioned herein will meet the City's minimum development
standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions
within the approved resolution and requirements set forth by the City's Building and Safety Division. 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);
Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated
thereunder, this project is categorically exempt from the provisions of CEQA pursuant to Section 15301 of Article 19 of Chapter 3 of
Title 14 of the California Code of Regulations; in that only minor interior alterations are proposed to an existing structure.
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 and floor plan labeled as Exhibit "A," as submitted, amended herein and
approved by the Planning Commission.
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Planning Commission Resolution No. 2008-13
(b) Hours of operation and operating characteristics shall be as follows:
Days of Operation Monday through Saturday
Hours of Operation Monday through Friday:
4:00 p.m. to 7:30 p.m.
Saturday:
1:00 p.m. to 4:30 p.m.
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 3209 Brea Canyon Road, Unit B & C. If the use approved herein 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.
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: Spotcolor, Attention: Soo Kim, 2729 Saturn
Street #A, Brea, CA 92821
APPROVED AND ADOPTED THIS 8th OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Torng, Vicie-thairman
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Planning Commission Resolution No. 2008-13