HomeMy WebLinkAboutPC 2019-06I1
PLANNING COMMISSION
RESOLUTION NO. 2019-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, .APPROVING CONDITIONAL USE
PERMIT NO. PL2018-242, TO OPEN A CHILDREN'S LEARNING CENTER
FOR INTERPERSONAL AND INTRAPERSONAL SOCIAL SKILLS
DEVELOPMENT AND ESTABLISH THE USE WITHIN A 1,000 SQUARE -FOOT
SPACE THAT IS PART OF AN EXISTING 121,788 SQUARE -FOOT MULTI -
TENANT COMMERCIAL CENTER LOCATED AT 21044 GOLDEN SPRINGS
DRIVE #D-11, DIAMOND BAR, CA (APN 8763-008-022).
RECITALS
Property owner, Lakeview Village Corporation, and applicant, Hiu Tung
Choy, have filed an application for Conditional Use Permit No. PL2018-242
to open a children's learning center for interpersonal and intrapersonal
social skills development and establish the use within a 1,000 square -foot
space that is part of a 121,788 square -foot commercial center. The project
site is more specifically described as 21044 Golden Springs Dr. #D-11,
Diamond Bar, Los Angeles County, California. Hereinafter in this resolution,
the subject Conditional Use Permit shall be referred to as the "Proposed
Use."
2. The Project Site is made up of one parcel totaling 9.7 acres. It is located in
the Community Commercial (C-2) zone and is consistent with the General
Commercial land use designation of the General Plan.
3. The legal description of the subject property is Lot 6 of Los Angeles
Assessor Map Number 97. The Assessor's Parcel Number is 8763-008-
022.
4. On May 31, 2019, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On May 29, 2019, public hearing notices were mailed
to property owners within a 700 -foot radius of the Project site and posted at
the City's designated community posting sites.
On June 11, 2019, 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. 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, 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, non -degree schools are
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.
2. 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 children's learning center meets Strategy 1. 3.3 because
the proposed children's leaming center provides services to Diamond Bar
residents.
The Project site is not subject to the provisions of any specific plan.
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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 an existing commercial center that has
a diversity of uses, including a supermarket, bank, restaurants, and other
retail and service 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 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 center that
currently has a diversity of uses, including a bank, supermarket,
restaurants, and other retail and service uses. There are 438 parking
spaces at the existing shopping center. The number .of parking spaces
required for the current palette of uses minus the children's learning center
is 410 parking spaces. The proposed children's learning center requires
nine spaces for based on Development Code requirements, for a total
parking requirement of 419 off-street parking spaces. A parking study was
submitted by a traffic engineer that indicates the overall peak parking
demand occurs on Saturdays at 1:00 pm with 396 spaces being utilized,
which is less than the 438 parking spaces provided on site. There are no
classes proposed during the peak parking demand of the shopping center.
Additionally, the applicant is breaking up the start times of each class so
that the overlap of students being driven to classes and leaving from classes
at the same time is avoided. 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 child daycare 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.
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PC Resolution No. 2019-06
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.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2617-35 subject to the following
conditions:
The establishment is approved as a children's learning center as described
in the application on file with the Planning Division, the Planning
Commission staff report for Conditional Use Permit No. PL2018-242 dated
June 11, 2019, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the "Use". The Use shall be limited to a children's
learning center. The maximum number of children is eight.
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 21044 Golden Springs
Drive #D-11, 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 and/or City Council.
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PC Resolution No. 2019-06
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, Lakeview Village Corporation, 12879 Harbor
Blvd., Suite N-1, Garden Grove, CA 92840; and applicant, Hiu Tung
Choy, 21044 Golden Springs Dr. #D-11, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 11th DAY OF JUNE 2019, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By..
Naila Barlas, 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 11th day of June, 2019, by the following vote:
AYES: Commissioners: Mah1ke, Mok, Rawlings, VC/Farago, Chair/Barlas
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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CUP No. PL2018-242
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2018-242
SUBJECT: To open a children's learning center for interpersonal and
intrapersonal social skills development and establish the use
within a 1,000 square -foot space that is part of a 121,788 square -
foot multi -tenant commercial center.
PROPERTY Lakeview Village Corporation
OWNER(S): 12879 Harbor Blvd. Suite N-1
Garden Grove, CA 92840
APPLICANTS: Hiu Tung Choy
21044 Golden Springs Dr. #D-11
Diamond Bar, CA 91789
LOCATION: 21044 Golden Springs Dr. #D-11, Diamond Bar, CA 91789
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
No. PL2018-242 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
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PC Resolution No. 2019-06
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. PL2018-242 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, 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 (3) days of this project's approval.
The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
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PC Resolution No. 2019-00
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.
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 No. PL2018-242 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.
2. 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. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lighting shall be high efficacy or
equivalent per the current California Energy Code 119 and 150(k).
4. The occupant load for the unit shall be less than 50.
Number of plumbing fixtures shall be in compliance with CPC T-422.
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PC Resolution No. 2019-06
6. Provide at least one bathroom for each sex per CBC 422.2.
7. Indicate the proposed addition and existing building on the plans. Submit
code analysis and justification showing the following:
a. Unit square footage
b. Type of construction
C. Sprinkler system
d. Each group occupancy
e. Accessibility analysis for the entire site and the unit .
Permit — Items required prior to building permit issuance:
8. 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.
9. SCAQMD notification is required at least 10 days prior to.any demolition.
Proof of notification is required at permit issuance.
10. 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:
11. If fire sprinklers are present, LA County Fire approval is required.
12. 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.
13. 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.
14. All equipment staging areas shall be maintained in an orderly manner within
the unit.
PC Resolution No. 2019-06
15. 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.
16. All glazing in hazardous locations .shall be labeled as safety glass. The
labeling shall be visible for inspection.
17. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101.8.
18. A five-foot clearance shall be provided for the swing side of any door to
meet door accessibility requirements.
END
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PC Resoldon No. 2019-06