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HomeMy WebLinkAboutPC 2009-08PLANNING COMMISSION RESOLUTION NO. 2009-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-01, A REQUEST TO APPROVE COLLEGE FOCUS TO OPERATE WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS PLAZA DIAMOND BAR. THE PROJECT SITE IS LOCATED AT 2040 S. BREA CANYON ROAD, SUITE 230 (APN: 8765-001-007), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Mark Corkery representing College Focus, have filed an application for Conditional Use Permit No. 2009-01 to allow tutoring and educational guidance counseling uses to take place at 2040 S. Brea Canyon Road, Suite 230, 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 nine property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Also, the project site was posted with a display board and the public notice was posted in three public places. 3. On April 28, 2009, the Planning Commission continued the public hearing that was scheduled to take place for Conditional Use Permit 2009-01 to May 12, 2009, due to lack of proper public notice being posted at the site. 4. On May 12, 2009, 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 has determined the Application to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301(a) of the CEQA Guidelines (Existing Facilities). No further environmental review is required. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: a. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. In accordance with Diamond Bar Municipal Code (DBMC) Section 22.10.030, Table 2-6, specialized education and non -degree training are permitted in the C-2 zoning district with approval of a conditional use permit. Additionally, the proposed Project complies with other applicable provisions of the Development Code and Municipal Code. b. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage neighborhood serving retail and service commercial uses" The site is not located within a specific plan area. c. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity, College Focus is located within an existing tenant space on the second floor of a commercial building which is occupied by a tutoring center which operated under an approved CUP, professional offices and other similar uses. As such, the operational characteristics are compatible with the existing and future lands uses in the vicinity. d. 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 site is an existing commercial building that is developed for the use of retail and office type uses; College Focus provides a service that is compatible to the other uses currently taking place at the site. e. 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. Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public 2 Planning Commission Resolution No. 2009-08 health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 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: Plannina Division (a) College Focus is permitted as a college counseling business with tutoring as an accessory use. If the tutoring portion of the business is increased to the primary use the CUP shall be reviewed and amended where necessary. (b) The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (c) This Conditional Use Permit shall be valid only for 2040 S. Brea Canyon Road, Suite 230. If College Focus moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit approved by the Planning Commission shall be required for the new location. If College Focus ceases to operate, the approved Conditional Use Permit shall expire. (d) All employees of College Focus shall use parking in the rear of the commercial center. (e) The hours of operation shall be limited to 11 a.m. to 8 p.m. Monday through Thursday, 11 a.m. to 5 p.m. Friday, 10 a.m. to 5 p.m. Saturday and closed on Sundays. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (f) Tutoring classes shall be limited to a maximum of five students per session. An increase in the number of students shall require an amendment to the approved Conditional Use Permit. Building and Safety Division (a) The tenant space shall meet all occupancy limitations and access requirements as required per the 2007 California Building Code. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and 3 Conditional Use Permit No. 2009-01 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Boulevard, Suite 202, Santa Monica, CA 90403; and Mark Corkery 1601 Dove Street, Suite 299 Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 12TH OF MAY, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: `,ony' Torng, 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 12th day of May 2009, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSTAIN: Commissioner: ABSENT: Commissioner: ATTEST: Lee; VC/Nelson, Chair/Torng None None Nolan; Shah Greg Gubman, Secretary 4 Conditional Use Permit No. 2009-01 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2009-01 SUBJECT: College Focus APPLICANT: Mark Corkery LOCATION: 2040 S. Brea Canyon Road, Suite 230, Diamond Bar, CA 9'1765 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. 2009-01 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: 5 Planning Commission Resolution No 2009-08 (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 defendants. 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. 2009-01, at the City of Diamond Bar Community Development 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. College Focus and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. 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. 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. 6 Planning Commission Resolution No. 2009-08 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 come first), as required by the City. School fees as required shall be paid prior to 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 for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit 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. END 7 Planning Commission Resolution No. 2009 -OS PLANNING COMMISSION RESOLUTION NO. 2009-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-01, A REQUEST TO APPROVE COLLEGE FOCUS TO OPERATE WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS PLAZA DIAMOND BAR. THE PROJECT SITE IS LOCATED AT 2040 S. BREA CANYON ROAD, SUITE 230 (APN: 8765-001-007), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Mark Corkery representing College Focus, have filed an application for Conditional Use Permit No. 2009-01 to allow tutoring and educational guidance counseling uses to take place at 2040 S. Brea Canyon Road, Suite 230, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as theApplication." 2. Public hearing notices were mailed to approximately nine property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Also, the project site was posted with a display board and the public notice was posted in three public places. 3. On April 28, 2009, the Planning Commission continued the public hearing that was scheduled to take place for Conditional Use Permit 2009-01 to May 12, 2009, due to lack of proper public notice being posted at the site. 4. On May 12, 2009, 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: I. 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 has determined the Application to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301(a) of the CEQA Guidelines (Existing Facilities). No further environmental review is required. 3. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: a. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. In accordance with Diamond Bar Municipal Code (DBMC) Section 22.10.030, Table 2-6, specialized education and non -degree training are permitted in the C-2 zoning district with approval of a conditional use permit. Additionally, the proposed Project complies with other applicable provisions of the Development Code and Municipal Code. b. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage neighborhood serving retail and service commercial uses". The site is not located within a specific plan area. C. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity, College Focus is located within an existing tenant space on the second floor of a commercial building which is occupied by a tutoring center which operated under an approved CUP, professional offices and other similar uses. As such, the operational characteristics are compatible with the existing and future lands uses in the vicinity. d. 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 site is an existing commercial building that is developed for the use of retail and office type uses; College Focus provides a service that is compatible to the other uses currently taking place at the site. e. 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. Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution and the Building and Safety Division requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public 2 Planning Commission Resolution No. 2009-08 health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 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) College Focus is permitted as a college counseling business with tutoring as an accessory use. If the tutoring portion of the business is increased to the primary use the CUP shall be reviewed and amended where necessary. (b) The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (c) This Conditional Use Permit shall be valid only for 2040 S. Brea Canyon Road, Suite 230. If College Focus moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit approved by the Planning Commission shall be required for the new location. If College Focus ceases to operate, the approved Conditional Use Permit shall expire. (d) All employees of College Focus shall use parking in the rear of the commercial center. (e) The hours of operation shall be limited to 11 a.m. to 8 p.m. Monday through Thursday, 11 a.m. to 5 p.m. Friday, 10 a.m. to 5 p.m. Saturday and closed on Sundays. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (f) Tutoring classes shall be limited to a maximum of five students per session. An increase in the number of students shall require an amendment to the approved Conditional Use Permit. Building and Safety Division (a) The tenant space shall meet all occupancy limitations and access requirements as required per the 2007 California Building Code. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and 3 Conditional Use Permit No. 2009-01 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Boulevard, Suite 202, Santa Monica, CA 90403; and Mark Corkery 1601 Dove Street, Suite 299 Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 12TH OF MAY, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: IonyT6rng, 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 12th day of May 2009, by the following vote: AYES: Commissioner: Lee; VC/Nelson, Chair/Torng NOES: Commissioner: None ABSTAIN: Commissioner: None ABSENT: Commissioner: Nolan; Shah ATTEST: Greg Gubman, Secretary 4 Conditional Use Permit No. 2009-01 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2009-01 SUBJECT: College Focus APPLICANT: Mark Corkery LOCATION: 2040 S. Brea Canyon Road, Suite 230, 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 1. In accordance with Government Code Section 66474.9(b) M, 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. 2009-01 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: 5 Planning Commission Resolution No 2009-08 (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 defendants. 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. 2009-01, at the City of Diamond Bar Community Development 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 pav remaining City processing fees, school fees and fees for the review of submitted reports. 3. College Focus and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If noncompliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 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. 6 Planning Commission Resolution No. 2009-08 B. FEES/DEPOSITS 1. 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 come first), as required by the City. School fees as required shall be paid prior to 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 for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit 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. END 7 Planning Commission Resolution No. 2009-08