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HomeMy WebLinkAboutPC 2009-12PLANNING COMMISSION RESOLUTION NO. 2009-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-02, A REQUEST TO ESTABLISH A DANCE STUDIO TO OPERATE WITHIN AN EXISTING LEASE SPACE AT 367 DIAMOND BAR BOULEVARD, IN THE DIAMOND BAR VILLAGE SHOPPING CENTER. A. RECITALS Property owner, Diamond Bar Village Associates, Ltd, and applicants, Sheri and Bob Liebe representing 1 na Dance, have filed an application for Conditional Use Permit No. 2009-02 to establish a dance studio at 367 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "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 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 June 23, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Use. 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 has determined the Proposed Use to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301 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 Use 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. The Proposed Use is located within an existing tenant space on the ground floor of a commercial building which is occupied by a dance studio, professional offices, retail, real estate offices, restaurants and other similar uses. As such, the operational characteristics are compatible with the existing and permissible land 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 project site is located within an existing commercial building that is developed for the use of retail and office type uses. The Proposed Use 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 2 Planning Commission Resolution No. 2009-12 persons, property, or improvements in the vicinity and zoning district in which the property is located. The Proposed Use shall, at all times, be subject to the requirements of the Diamond Bar Building Code, and those of ail other applicable regulatory agencies, such as the Occupational Safety and Health Administration (OSHA). The referenced agencies, through the permit and inspection process, will ensure that the proposed project is not detrimental to the public 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) This approval is for the establishment of a dance studio as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. 2009-02 dated June 23, 2009, and the Planning Commission minutes pertaining thereto, and is hereafter referred to as the "Use." (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 367 Diamond Bar Blvd, Diamond Bar, CA 91765. If the Use 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 the Use ceases to operate, the approved Conditional Use Permit shall expire. (d) The hours of operation shall be limited to 9 a.m. to 9 p.m. Monday through Friday, closed on Saturdays and Sundays. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (e) Dance lessons shall be limited to a maximum of ten students per session. An increase in the number of students shall require an amendment to the approved Conditional Use Permit. 3 Conditional Use Permit No. 2009-02 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar Village Associates, Ltd, 10877 Wilshire Boulevard, Suite 1105, Los Angeles, CA 90024; and Bob and Sheri Leibi 1423 Valeview Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD OF JUNE, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY. ony Torng, Ch an 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 23rd day of June, 2009, by the following vote: AYES: Commissioners: shah, Nolan, Lee, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Nelson ATTEST: Greg Gubman, Secretary 4 Conditional Use Permit No. 2009-02 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2009-02 SUBJECT: 1 na Dance APPLICANT: Sheri & Bob Liebe LOCATION: 367 Diamond Bar Boulevard, 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) (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. 2009-02 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: (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. 5 Planning Commission Resolution No. 2009-12 (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. 2009-02, 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. The applicant and all designers, architects, engineers, contractors, and all successors in interest 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. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning) at the established rates, priorto issuance of building, as required by the City. School fees as required shall be paid prior to the issuance of building permit. 6 Planning Commission Resolution No. 2009-12 In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes 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. D. BUILDING AND SAFETY DIVISION REQUIREMENTS The following conditions shall apply if any construction is proposed. Questions regarding compliance with said conditions should be forwarded to the Building and Safety Division at (909) 839-7020. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 4. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday - Saturday between the hours of 7:00 a.m. and 7:00 p.m. 7 Planning Commission Resolution No. 2009-12 6. This Use shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. This Use shall provide compliance with van accessible parking, path of travel, etc. The reception counter shall comply with the title 24 accessibility requirements. 7. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc END 8 Planning Commission Resolution No. 2009-12 PLANNING COMMISSION RESOLUTION NO. 2009-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-02, A REQUEST TO ESTABLISH A DANCE STUDIO TO OPERATE WITHIN AN EXISTING LEASE SPACE AT 367 DIAMOND BAR BOULEVARD, IN THE DIAMOND BAR VILLAGE SHOPPING CENTER. A. RECITALS 1. Property owner, Diamond Bar Village Associates, Ltd, and applicants, Sheri and Bob Liebe representing Ina Dance, have filed an application for Conditional Use Permit No. 2009-02 to establish a dance studio at 367 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "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 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 June 23, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Use. 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 Proposed Use to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301 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 Use 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. The Proposed Use is located within an existing tenant space on the ground floor of a commercial building which is occupied by a dance studio, professional offices, retail, real estate offices, restaurants and other similar uses. As such, the operational characteristics are compatible with the existing and permissible land 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 project site is located within an existing commercial building that is developed for the use of retail and office type uses. The Proposed Use 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 2 Planning Commission Resolution No. 2009-12 persons, property, or improvements in the vicinity and zoning district in which the property is located. The Proposed Use shall, at all times, be subject to the requirements of the Diamond Bar Building Code, and those of all other applicable regulatory agencies, such as the Occupational Safety and Health Administration (OSHA). The referenced agencies, through the permit and inspection process, will ensure that the proposed project is not detrimental to the public 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) This approval is for the establishment of a dance studio as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. 2009-02 dated June 23, 2009, and the Planning Commission minutes pertaining thereto, and is hereafter referred to as the "Use." (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 367 Diamond Bar Blvd, Diamond Bar, CA 91765. If the Use 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 the Use ceases to operate, the approved Conditional Use Permit shall expire. (d) The hours of operation shall be limited to 9 a.m. to 9 p.m. Monday through Friday, closed on Saturdays and Sundays. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (e) Dance lessons shall be limited to a maximum of ten students per session. An increase in the number of students shall require an amendment to the approved Conditional Use Permit. 3 Conditional Use Permit No. 2009-02 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 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar Village Associates, Ltd, 10877 Wilshire Boulevard, Suite 1105, Los Angeles, CA 90024; and Bob and Sheri Leibi 1423 Valeview Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD OF JUNE, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 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 23rd day of June, 2009, by the following vote: AYES: Commissioners: Shah, Nolan, Lee, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: Nelson BY: ony Torng, Ch an ATTEST: Greg Gubman, Secretary 4 Conditional Use Permit No. 2009-02 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2009-02 SUBJECT: Ina Dance APPLICANT: Sheri & Bob Liebe LOCATION: 367 Diamond Bar Boulevard, 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) (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. 2009-02 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: (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. 5 Planning Commission Resolution No. 2009-12 (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. 2009-02, 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. The applicant and all designers, architects, engineers, contractors, and all successors in interest 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. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning) at the established rates, prior to issuance of building, as required by the City. School fees as required shall be paid prior to the issuance of building permit. 6 Planning Commission Resolution No. 2009-12 In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes 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. D. BUILDING AND SAFETY DIVISION REQUIREMENTS The following conditions shall apply if any construction is proposed. Questions regarding compliance with said conditions should be forwarded to the Building and Safety Division at (909) 839-7020. 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Arch itect7Engineer with wet stamp and signature. 3. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 4. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday - Saturday between the hours of 7:00 a.m. and 7:00 p.m. 7 Planning Commission Resolution No. 2009-12 6. This Use shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. This Use shall provide compliance with van accessible parking, path of travel, etc. The reception counter shall comply with the title 24 accessibility requirements. 7 Provide exit analysis showing occupant load for each space, exit width, exit signs, etc END 8 Planning Commission Resolution No. 2009-12