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HomeMy WebLinkAboutPC 2010-281 PLANNING COMMISSION RESOLUTION NO. 2010-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2010-364, A REQUEST TO OPERATE A 1,200 SQUARE -FOOT READING TUTORING CENTER LOCATED AT 2020 BREA CANYON ROAD SUITE A-5, DIAMOND BAR, CA (ASSESORS PARCEL NO. 8765-001-007). RECITALS Property owner, Plaza Diamond Bar Partners, LLC and applicant, Sean Kim, have filed an application for Conditional Use Permit No. PL 2010-364 to establish a reading tutoring center located at 2020 Brea Canyon Road, 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. The subject site is located in the Community Commercial (C-2) zone with the Professional Office land use category of the General Plan. 3. The legal description of the subject property is Parcel -Map 10337 -Lot and the Assessor's Parcel Number is 8765-001-007. 4. On December 3, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On December 14, 2010, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 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; Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education is permitted in the C-2 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center. 2. 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 subject property is not located within a specific plan area. 3. 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 a multi -tenant shopping center occupied by various restaurants, office, and service uses including four tutoring centers. As such, the operational characteristics are compatible with the existing uses in the vicinity. 2 Planning Commission Resolution No. 2010-28 4. The subject site is physically suitable for the type and densitylintensity 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 shopping center that currently has four tutoring schools. The proposed use is compatible with other uses in the shopping center such as restaurants, offices, and indoor entertainment. 5. 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; and Prior to the issuance of any city permits, the proposed project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 95301 (Existing Facilities) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this application subject to the following conditions: The establishment is approved as a tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL2010-364 dated December 14, 2010, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a tutoring center. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 2020 Brea Canyon Road Suite A-5, as depicted on the approved plans on file with the 3 Planning Commission Resolution No. 2010-28 Planning Division. If the Proposed 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, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for an amendment to this CUP, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 5. This approval does not specify limitations on class sizes or business hours based on the presumption that the Use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: Business hours — Monday through Friday from 12:00 p.m. to 7:00 p.m., Saturday from 11:00 a.m. to 2:00 p.m., and closed on Sunday; and + Three part-time teachers and one office manager at any one time. If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 6. Students shall not be permitted to exit the premises unless accompanied by an employee of the premises, or by the student's parent or guardian. 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: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Blvd. #202, Santa Monica, CA 90403; and Sean Kim, 955 N. Creekside Dr., Fullerton, CA 92833 4 Planning Commission Resolution No. 2010-28 APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: T orng, Ch it 1, 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 141h day of December 2010, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gutman, Secretary 5 Conditional Use Permit No, PL 2010-364 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2010-364 SUBJECT: Reading Town — Tutoring Center APPLICANT: Sean Kim LOCATION: 2020 Brea Canyon Road Suite A-5, Diamond Bar, CA 9'1756 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. PL 2010-364 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 attorney's 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 6 Conditional Use Permit No. PL 2010-364 approval of this Conditional Use Permit No. PL 2010-364 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 business owners and all designers, 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 (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and Public Works Department. 10. The applicant shall obtain separate Planning Division approval and permits from the Building and Safety Division for any wall signs in conjunction with the approved use. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, 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 7 Planning Commission Resolution No 2010-28 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 (2) 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. 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code if submitted for plan check prior to January 1, 2010, otherwise the 2010 codes apply) 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 California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy unless otherwise allowed by the 2008 California Energy Code. 4. Specify location of tempered glass as required by code. 5. Specify 1/4"Ift slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 6. Upgrades for accessibility shall be made to the existing facilities and all new areas shall meet current accessibility guidelines. END 8 Planning Commission Resolution No. 2010-28 PLANNING COMMISSION RESOLUTION NO, 2010-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2010-364, A REQUEST TO OPERATE A 1,200 SQUARE -FOOT READING TUTORING CENTER LOCATED AT 2020 BREA CANYON ROAD SUITE A-5, DIAMOND BAR, CA (ASSESORS PARCEL NO. 8765-001-007). A. RECITALS 1. Property owner, Plaza Diamond Bar Partners, LLC and applicant, Sean Kim, have filed an application for Conditional Use Permit No. PL 2010-364 to establish a reading tutoring center located at 2020 Brea Canyon Road, 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. The subject site is located in the Community Commercial (0-2) zone with the Professional Office land use category of the General Plan. 3. The legal description of the subject property is Parcel -Map 10337 Lot 1 and the Assessor's Parcel Number is 8765-001- 007. 4. On December 3, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 5. On December 14, 2010, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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 determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. 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; Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education is permitted in the C-2 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center. 2. 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 subject property is not located within a specific plan area. 3. 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 a multi -tenant shopping center occupied by various restaurants, office, and service uses including four tutoring centers. As such, the operational characteristics are compatible with the existing uses in the vicinity. 2 Planning Commission Resolution No. 2010-28 4. 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 shopping center that currently has four tutoring schools. The proposed use is compatible with other uses in the shopping center such as restaurants, offices, and indoor entertainment. 5. 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; and Prior to the issuance of any city permits, the proposed project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this application subject to the following conditions: 1. The establishment is approved as a tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL2010-364 dated December 14, 2010, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a tutoring center. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 2020 Brea Canyon Road Suite A-5, as depicted on the approved plans on file with the 3 Planning Commission Resolution No. 2010-28 Planning Division. If the Proposed 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, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for an amendment to this CUP, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 5. This approval does not specify limitations on class sizes or business hours based on the presumption that the Use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: • Business hours — Monday through Friday from 12:00 p.m. to 7:00 p.m., Saturday from 11:00 a.m. to 2:00 p.m., and closed on Sunday; and • Three part-time teachers and one office manager at any one time. If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 6. Students shall not be permitted to exit the premises unless accompanied by an employee of the premises, or by the student's parent or guardian. 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: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Blvd. #202, Santa Monica, CA 90403; and Sean Kim, 955 N. Creekside Dr., Fullerton, CA 92833 4 Planning Commission Resolution No. 2010-28 APPROVED AND ADOPTED THIS 14TH DAY OF DECEMBER 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 14th day of December 2010, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT: Commissioners: None ATTEST: Greg Gu man, Secretary 5 Conditional Use Permit No. PL 2010-364 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL 2010-364 SUBJECT: Reading Town — Tutoring Center APPLICANT: Sean Kim LOCATION: 2020 Brea Canyon Road Suite A-5, Diamond Bar, CA 91756 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. PL 2010-364 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 attorney's 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 6 Conditional Use Permit No. PL 2010-364 approval of this Conditional Use Permit No. PL 2010-364 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 business owners and all designers, 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 (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and Public Works Department. 10. The applicant shall obtain separate Planning Division approval and permits from the Building and Safety Division for any wall signs in conjunction with the approved use. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, 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 7 Planning Commission Resolution No 2010-28 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 (2) 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code if submitted for plan check prior to January 1, 2010, otherwise the 2010 codes apply) 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 California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy unless otherwise allowed by the 2008 California Energy Code. 4. Specify location of tempered glass as required by code. 5. Specify 114"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 6. Upgrades for accessibility shall be made to the existing facilities and all new areas shall meet current accessibility guidelines. END 8 Planning Commission Resolution No. 2010-28