HomeMy WebLinkAboutPC 2018-11PLANNING COMMISSION
RESOLUTION NO. 2018-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2018-32 TO RELOCATE
AN EXISTING TUTORING CENTER AND A PARKING PERMIT TO REDUCE THE NUMBER
OF REQUIRED PARKING SPACES FOR THE PROPOSED SCHOOL LOCATED AT
2040 BREA CANYON ROAD, UNITS 220 & 230, DIAMOND BAR, CA (APN 8765-001-007).
A. RECITALS
Property owner, Plaza Diamond Bar Partners Holding LLC, and applicant, School
Connection, have filed an application for Conditional Use Permit No. PL 2018-32
to relocate a tutoring center within a 4,818 square -foot space at an existing
commercial center and Parking Permit to reduce the required number of parking
spaces for the proposed tutoring center. The project site is more specifically
described as 2040 Brea Canyon Road, Units 220 & 230, Diamond Bar, Los
Angeles County, California. Hereinafter in this resolution, the subject Conditional
Use Permit and Parking Permit shall collectively be referred to as the "Project" or
"Proposed Use."
2. The subject property is located in the Community Commercial (C-2) zone with a
General Plan land use designation of Professional Office.
3. The legal description of the subject property is described as Assessor's Parcel
Number is 8765-001-007.
4. On September 26, 2018, public hearing notices were mailed to property owners
within a 700 -foot radius of the Project site. On September 28, 2018, notification
of the public hearing for this project was published in the San Gabriel Valley
Tribune and the Inland Valley Daily Bulletin newspapers, and posted at the City's
designated community posting sites.
5. On October 9, 2018, 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:
The 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(a) (Interior alterations
involving partitions and electrical conveyances) 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 and 22.30.050, this Planning
Commission hereby finds and approves 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 non -degree school—
including a tutoring center—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 commercial center and surrounding
neighborhood.
The Proposed Use is consistent with the general plan and any applicable specific
plan.
The Proposed Use is consistent with General Plan Strategy 1.3.3: (`Encourage
neighborhood serving retail and service commercial uses') in that the proposed
tutoring center meets Strategy 1.3.3 because the proposed tutoring center
provides services to Diamond Bar residents.
The Project site is not subject to the provisions of any specific plan.
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 commercial center occupied by
tutoring centers, post -secondary school, restaurants, and medical and
professional office uses. The Proposed Use is compatible with the other uses
within the commercial center.
Through compliance with the conditions of approval stipulating the manner in
which the use must be conducted, the Proposed Use will be compatible with the
other uses within the commercial center.
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 center that currently has
a diversity of uses, including tutoring centers, a post -secondary school, medical
and professional office uses. Plaza Diamond Bar provides 274 parking spaces.
The varying uses result in a range of peak business hours and parking demands.
Although there is a deficit of parking spaces based on Development Code
requirements, the applicant submitted a parking study from a licensed engineer,
to provide a parking demand analysis based on ITE Parking Generation Rates
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(4th Edition). The parking analysis indicates that the forecasted parking demand
of 242 parking spaces is lower than the 330 parking spaces required by the
Development Code. Additionally, the proposed school will not increase any
square footage to the existing building. Based on these observations, there is
likely a sufficient amount of parking for current and future uses to accommodate
peak -period demands. Given the proposed hours of operation, the overall
parking demands, and the types of adjoining uses, it is reasonable to conclude
that the tutoring center will be compatible with the other uses in the commercial
center.
The Proposed Use is physically suitable with the subject site because it will be
located in an existing building. In addition, the proposed use is intended to
operate within an existing commercial center and will be using existing access
and parking in the center.
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.
The Proposed Use is located within a commercial center. Children will be
supervised at all times. Children will not be able to leave until parents pick them
UP.
Prior to the issuance of any city permits, the 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 use is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a)
(Interior alterations involving partitions and electrical conveyances) of the CEQA
Guidelines.
Parking Permit Findings (DBMC Section 22.30.050)
The intent of the parking regulations, which is to ensure that sufficient parking will
be provided to serve the use intended and potential future uses of the subject
site, is preserved; and
The existing gross floor area of the shopping center is 44,196 square feet,
therefore, requires 147 parking spaces. The existing Chuck E. Cheese's requires
57 parking spaces. The various tutoring centers and art school require 52 parking
spaces. The post -secondary school requires 34 parking spaces. The proposed
tutoring school requires 40 parking spaces. A total of 330 parking spaces are
required to be provided. There are 274 existing parking spaces, resulting in a
technical deficit of 56 parking spaces. Based on a supplemental parking study,
the traffic engineer estimates there would be a demand for 268 parking spaces if
all businesses experienced peak -hour demand simultaneously. Based on the
traffic engineer's analysis, 242 parking spaces would be needed since the peak
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PC Resolution No. 2018-11
parking demands occur at different times for the different uses within the
commercial center. Therefore, there would be a surplus of 32 parking spaces.
2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of
off-street parking requirements for shared uses).
When reviewing parking impacts on shopping centers, the various uses and peak
business hours for those uses are taken into consideration. The existing
shopping center has uses ranging from tutoring centers, post -secondary school,
restaurants, offices, personal services, and retail uses. The different uses result
in a range of peak business hours and parking demands. Based on a
supplemental parking study, the traffic engineer estimates there would be a
demand for 268 parking spaces if all businesses experienced park -hour demand
simultaneously. Based on the traffic engineer's analysis, 242 parking spaces
would be needed since the peak parking demands occur at different times for the
different uses within the commercial center. Therefore, there would be a surplus
of 32 parking spaces. Additionally, there are mitigating measures that would
lessen the parking demand impact for the proposed school, such as:
• Approximately 40 parking spaces along the east property line that are
underutilized throughout the day and have the most direct pedestrian path
to the proposed school;
• Noble University does not have any classes between 2:00 pm and
6:30 pm;
• Approximately 80 percent of the students will be shuttled to School
Connection from local schools; and
• Long-term parking is not required for the parents to pick up or drop-off
students. Parents drop-off and pick-up students approximately 10 minutes
before and after the program.
Due to this, it is reasonable to anticipate that the existing parking supply is
adequate to serve the overall parking demands of Plaza Diamond Bar.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2018-32 subject to the following
conditions:
1. The establishment is approved as a tutoring center/non-degree school as
described in the application on file with the Planning Division, the Planning
Commission staff report for Conditional Use Permit and Parking Permit
No. PL2018-32 dated October 9, 2018, and the Planning Commission minutes
pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to
a tutoring center/non-degree school. The maximum number of children is 95.
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.
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PC Resolution No. 2018-11
3. This Conditional Use Permit shall be valid only for 2040 Brea Canyon Rd,
Units 220 & 230,, as depicted on the approved plans on file with the 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 Conditional
Use Permit, pays all application processing fees and receives approval from 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
the property owner, Plaza Diamond Bar Partners LLC, 11150 W. Olympic
Blvd. #1090, Los Angeles, CA 90064; and applicant, Denny Lo, 3211A
Brea Canyon Rd., Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 9th DAY OF OCTOBER 2018, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: 6"v ,
Kenneth Mok, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 9th day of October, 2018, by the following vote:
AYES: Commissioners: Farago, Mahlke, Wolfe, VC/Barlas, C/Mak
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST: Z
Greg Gubman, ecretary
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CUP PL2018-32
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit and Parking Permit No. PL2018-32
SUBJECT: To operate a 4,818 square -foot tutoring center/non-degree school.
PROPERTY Plaza Diamond Bar Partners LLC
OWNER(S): 11150 W. Olympic Blvd #1090
Los Angeles, CA 90064
APPLICANTS: Denny Lo
3211A Brea Canyon Rd.
Diamond Bar, CA 91789
LOCATION: 2040 Brea Canyon Rd. Units 220 & 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
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 and Parking Permit
No. PL 2018-32 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.
(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.
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PC Resolution No. 201&11
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 and Parking Permit No. PL 2018-32 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.
The business owners 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.
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, 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, 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 City project review and processing fees
prior to issuance of grading or building permit, whichever comes first.
Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
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PC Resolution No. 2018-11
C. TIME LIMITS
The approval of Conditional Use Permit and Parking Permit No. PL 2018-32 shall
expire within one (1) year from the date of approval if the use has not been
exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in'
writing a one year time extension subject to DBMC 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:
General Conditions:
At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e., 2016 California Building Code series
will apply) requirements and all other applicable construction codes, ordinances
and regulations in effect.
Provisions for CALGreen shall be implemented onto plans and certification shall
be provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on .plans.
Construction shall conform to the current CALGreen Code.
Plan Check — Items to be addressed prior to plan approval:
3. "Separate permit shall be required for all wall and monument signs" and shall be
noted on plans.
4. An exit analysis shall be provided during plan check, showing occupant load for
each space, exit width, exit signs, etc. The exit plan shall include exit access to
the exit on the first floor.
5. Number of plumbing fixtures shall be in compliance with CPC T-422.
6. Indicate the proposed addition and existing building on the plans. Submit code
analysis and justification showing the following:
a. Each building square footage
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Exit analysis for each building (occupant load/corridor rating/exit width/exit
signs, etc.)
g. Accessibility analysis for the entire site and for each building
h. Shaft rating/ exterior wall construction/ opening protection
Plans shall reflect adequate exit requirements. The distance between required
exits shall be Y2 of the overall building diagonal dimension.
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PC Resolution No. 2018-11
Fire Department approval shall be required for modification to any A or E
occupancy group.
Upgrades for ADA shall be implemented onto plans as required per CBC 11 B-
202.
Permit — Items required prior to building permit issuance:
10. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8. The
contractor shall complete all required forms and pay applicable deposits prior to
permit.
11. SCAQMD notification is required at least 10 days prior to any demolition. Proof
of notification is required at permit issuance.
12. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
Construction — Conditions required during construction:
13. Occupancy of the facilities shall not commence until all California Building Code
and State Fire Marshal regulations have been met. The buildings shall be
inspected for compliance prior to occupancy.
14: Every permit issued by the building official under the provisions of this Code shall
expire and become null and void unless the work authorized by such permit is
commenced within one -hundred -eighty (180) days after permit issuance, and if a
successful inspection has not been obtained from the building official within one -
hundred -eighty (180) days from the date of permit issuance or the last successful
inspection. A successful inspection shall mean a documented passed inspection
by the city building inspector as outlined in Section 110.6.
15. All structures and property shall be maintained in a safe and clean manner during
construction. The property shall be free of debris, trash, and weeds.
16. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
17. The project shall be protected by a construction fence to the satisfaction of the
Building Official, and shall comply with the NPDES & BMP requirements (sand
bags, etc.). All fencing shall be view obstructing with opaque surfaces.
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PC Resolution No. 201 B-11
18. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any work in
accordance with such changes or deviations.
19. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
20. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away from the
building at a 2% minimum slope. The final as -built conditions shall match the
grading/drainage plan or otherwise approved as -built grading/drainage plan.
21. All plumbing fixtures, including those in existing areas, shall be low -flow models
consistent with California Civil Code Section 1101.1 to 1101.8.
22. All existing fire rated systems shall remain intact and where determined not
present shall be protected during construction.
23. Occupants in adjacent spaces shall be protected from any safety hazards from
the proposed work including any debris, obstructions, or alterations to the
plumbing, mechanical, or electrical systems.
24. All rated walls shall be maintained fire -rated with listed penetrations and/or
replaced fire rated wall systems.
END
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PC Resolution No. 2018-11