HomeMy WebLinkAboutPC 2021-09PLANNING COMMISSION
RESOLUTION NO. 2021-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2020-1209 TO OPERATE A 3,620 SQUARE -FOOT VETERINARY CLINIC
LOCATED AT 1114 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CA
(APN 8701-027-032).
A. RECITALS
1. Property owner, ROTC, and applicant, Dr. Ratal Kumar, have filed an
application for Conditional Use Permit No. PL 2020-120 to operate a 3,620
square -foot veterinary clinic within an existing shopping center. The project
site is more specifically described as 1114 S. Diamond Bar Blvd., Diamond
Bar, Los Angeles County, California. Hereinafter in this resolution, the
subject Conditional Use Permit shall collectively be referred to as the
"Proposed Use."
2. The subject property is comprised of a 1.14 gross acre parcel. It is located
in the Regional Commercial (C-3) zone with a General Plan land use
designation of General Commercial
3. The legal description of the subject property is Lot 4 of Parcel Map 127-97-
98. The Assessor's Parcel Number is 8701-027-032.
4. On July 2, 2021, notification of the public hearing for this project was
published in the San Gabriel valley Tribune newspaper. On July 2, 2021,
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.
5. On July 13, 2021, 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 Proposed Use 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
Use 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)
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 veterinary clinic —as
defined by DBMC Section 22.80.020—is permitted in the C-3 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 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 business would provide veterinary services to Diamond
Bar residents.
The Project site is not subject to the provisions of any specific plan.
3. The design, location,. size and operating characteristics of the Proposed
Use are compatible with the existing and fixture land uses in the vicinity.
The Proposed Use is located within an existing shopping center,
surrounded by commercial shopping centers to the south and west, and
single-family residential uses to the north and east. The Proposed Use is
compatible with the surrounding neighborhood because Diamond Bar
Towne Center has a variety of uses, including restaurants, drycleaner,
banks, restaurants, gym and other retail and personal service uses.
2
PC Resolution No. 2021-09
There will be limited pet boarding for small animals. Animals will be housed
within the facility and will not be exercised outside. To alleviate any potential
noise concerns, the facility is designed to include additional sound -control
measures at the demising walls and ceiling, and the new window in the
boarding area will not be operable. Furthermore, the closest residence to
the facility is approximately 133 feet away, buffered by a block wall and
eucalyptus trees.
As such, the design, location and operational characteristics associated
with the Proposed Use are compatible with the existing uses within the
center and surrounding neighborhood.
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 Proposed Use is physically suitable within the subject site because it
IN be located in an existing vacant tenant space within an existing
commercial building, and no additional square footage is being proposed.
In addition, the Proposed Use will utilize existing access and parking.
Diamond Bar Towne Center provides 385 on -site parking spaces. The
applicant submitted a shared parking study signed by a licensed traffic
engineer. The study showed that the peak parking requirement (peak
parking demand plus the proposed veterinary clinic) occurs on Fridays at
12:00 p.m. with 387 parking spaces being utilized. Based on a parking
supply of 385 spaces, a parking deficiency of two spaces would be forecast
during the Friday peak hour.
To manage parking demands of the existing and proposed tenants, the
property management company (ROIL) has identified parking areas that
IN be modified/restriped to accommodate an additional 21 parking spaces
for a total future supply of 406 spaces. With implementation of the additional
spaces, the Friday peak conditions would yield a parking surplus of 19
spaces.
Given the proposed hours of operation, the overall parking demands, and
the types of adjoining uses, it is reasonable to conclude that the proposed
veterinary clinic will be compatible with the other uses in the commercial
center and neighborhood.
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.
3
PC Resolution No. 2021-09
Prior to the issuance of any city permits, the Proposed Use is required to
comply with all conditions of approval within the attached resolution, and
the Building and Safety Division.
6. The Proposed Use has been reviewed incompliance 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. PL2020-120, subject to the following
conditions:
1. This approval is for the operation of a 3,620 square -foot veterinary clinic
within an existing shopping center. Services will include routine care such
as examinations, vaccinations, microchipping, spay/neuter, various
diagnostics, general in-house treatment, and involves ancillary boarding of
animals receiving medical treatment, hereafter referred to as the "Use."
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 1114 S. Diamond Bar
Blvd., 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. 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.
5. No changes to the approved scope of services as described above 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.
4
PC Resolution No. 2021-09
6. Prior to the issuance of a final Certificate of Occupancy for the veterinary
clinic, the property owner shall: 1) apply for and receive City approval of a
parking restriping plan that results in a net increase in parking spaces to
eliminate the parking deficit generated by the Proposed Use; and 2)
complete the restriping of the subject property in substantial conformance
with the approved plan.
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, Courtney Pease, ROIC, 11250 El Camino
Real #200, San Diego, CA 92130; and applicant, Dr. Ratul Kumar,
1114 S. Diamond Bar Blvd., Diamond Bar, CA 91765,
APPROVED AND ADOPTED THIS 13TH DAY OF JULY, 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
i
William Rawlings, 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 13th day of July, 2021, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners
Greg Gubman; ecretary
Barlas, Mok, Wolfe, Chair/Rawlings
None
None
5
PC Resolution No. 2021-09
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2020-120
SUBJECT: To operate a 3,620 square -foot veterinary clinic within an
existing shopping center.
PROPERTY Courtney Pease
OWNER(S): ROIC
11250 El Camino Real #200
San Diego, CA 92130
APPLICANTS: Dr. Ratul Kumar
1114 S. Diamond Bar Blvd
Diamond Bar CA 91765
LOCATION: 1114 S. Diamond Bar Blvd., Diamond Bar, CA 91765
U�.73�:1�3dAtl4%L�[eZd.)db7i�N]d�y 1:7»%C�)L�19:7;L'Aal��3'M
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. PL2020-120 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.
PC Resolution No. 2021-09
(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. PL2020-120 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.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
7
PC Resolution No. 2021-09
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 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. PL2020-120 shall expire
within one (1) year from the date of approval if the use has not been
exercised as defined per DBMC Section 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:
1. At the time of plan check submittal, plans and construction shall conform
to current State and Local Building Code (i.e., 2019 California Building
Code series will apply) requirements and all other applicable construction
codes, ordinances and regulations in effect.
2. Provisions for CAL Green 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 CAL Green Code,
3. The applicant is responsible for all Department of Consumer
Affairs/Veterinary Medical Board requirements as outlined in CA
Business and Professions Code 4800, 4800.12 4808, and 4809.5.
Plan Check —Items to be addressed prior to plan approval:
4. 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.
8
PC Resolution No. 2021-09
5. "Separate permit shall be required for all wall and monument signs" and
shall be noted on plans.
6. An exit analysis shall be provided during plan check, showing occupant
load for each space, exit width, exit signs, etc.
7. Number of plumbing fixtures shall be in compliance with CPC T-422.
8. Provide at least one bathroom for each sex per CBC 412.3.
9. ADA paths of travel from parking and the public way are required to be
upgraded consistent with CBC 11 B-202.
10. The quantity of medical gas storage shall be identified on the plans.
Where storage is greater than that outlined in CBC 427.2, the medical
gas room shall include one -hour rating, fire sprinklers, and venting. Fire
Department approval will be required for sprinklers (as required).
11. Dryer vents shall not exceed 14' in length and two elbows.
Permit— Items required prior to building permit issuance:
12. 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.
13. 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:
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 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.
9
PC Resolution No. 2021-09
16. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
171 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.
18. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection:
19. All plumbing fixtures, including those in existing areas, shall be low -flow
models consistent with California Civil Code Section 1101.1 to 1101,81
END
10
PC Resolution No. 2021-09