HomeMy WebLinkAboutPC 2021-14PLANNING COMMISSION
RESOLUTION NO. 2021=14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE
PERMIT (PLANNING CASE NO. PL2021-39), TO OPERATE AN EDUCATION
CENTER WITH AFTER -SCHOOL, TUTORING, MUSIC, AND ART PROGRAMS
WITHIN A 9,904 SQUARE -FOOT TENANT SPACE AT DIAMOND HILLS PLAZA
LOCATED AT 2751 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CA
(APN 8285-020-044).
A. RECITALS
1. Property owner, ROTC Diamond Hills Plaza, LLC, and applicant, Lance Kim for
EPLEX DB, INC, have filed an application for an Amendment to Conditional Use
Permit (Planning Case No. PL2021-39) to amend existing Conditional Use Permit
(Planning Case No. PL2010-89) to operate an education center with after -school,
tutoring, music, and art programs within a 9,904 square -foot tenant space at an
existing shopping center, Diamond Hills Plaza. The project site is more
specifically described as 2751 South Diamond Bar Boulevard, Diamond Bar, Los
Angeles County, California. Hereinafter in this resolution, the subject
Amendment to Conditional Use Permit shall collectively be referred to as the
"Project" or "Proposed Use."
2. The subject property is comprised of 20 parcels totaling 17.2 acres. It is located
in the Community Commercial (C-2) zone with a General Plan land use
designation of General Commercial.
3. The legal description of the subject property is Parcel Map 247-28-31. The
Assessor's Parcel Number is 8285-020-044.
4. On August 11, 2021, notification of the public hearing for this project was
published in the an Gabriel Valley Tribune newspaper. On August 13, 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 August 24, 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 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)
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 and
training school, as defined by DBMC Section 22,80.020, is permitted in the C-2
zoning district with approval of a conditional use permit. The Proposed Use will
be located in a tenant space within Diamond Hills Plaza, an existing shopping
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 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 Goal LU-G-11: ("Support
existing commercial centers by encouraging ongoing investment and, where
appropriate, reuse and redevelopment') in that the Proposed Use will occupy an
existing tenant space.
The Proposed Use is consistent with General Plan Goal ED-G-3: ("Support the
retention, rehabilitation) and/or expansion of existing businesses, and the
attraction of new businesses') in that the Proposed Use is a new business
locating within an existing shopping center.
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 future land uses in the vicinity.
The Proposed Use will be located in a vacant tenant space formerly occupied by
Orchepia Music School at the north end of amulti-tenant commercial shopping
center occupied by various retail, restaurants, office, and service uses. The
Proposed Use complies with the City's Development Code parking requirement
as well as parking demand. During the academic school year, the Proposed Use
will operate from 3:00 p.m. to 7 p.m. from Monday through Friday and 9 a.m. to
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PC Resolution No. 2021-14
I p.m. on Saturdays. The Proposed Use will operate from 9 a.m. to 6 p.m. from
Monday through Friday, and from 9 a.m. to 1 p.m. on Saturdays during the
summer months from June to early August.
The proposed education center may bring a synergy and diversity of use and
customers to the existing shopping center to create a more thriving, vibrant
center. By having the Proposed Use, the students attending the education
center, and parents dropping off/picking up the students will be exposed to, and
shop at, the stores and restaurants in the shopping center. As such, the
operational characteristics are compatible with the existing and future land uses
in the vicinity.
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 building 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 will be
located in an existing vacant tenant space previously occupied by a music and
arts school within an existing commercial shopping center. No additional square
footage is being proposed. In addition, the Proposed Use will be using existing
access and parking. Diamond Hills Plaza provides 944 on -site parking spaces.
The parking required for the current palette of uses minus the proposed education
center is 757 spaces. The proposed education center requires 70 spaces. The
total off-street parking requirement for the center would thus be 827 spaces,
leaving a surplus of 117 spaces based on Development Code requirements.
Based on the parking demand analysis submitted that includes site observations
and case studies, the existing parking supply would accommodate the parking
demand of existing uses and the proposed education center. The parking study
indicates that the available shared parking supply of 944 spaces will be sufficient
to meet the projected peak parking demands of existing and proposed uses.
Therefore, the Proposed Use is not anticipated to cause any parking impacts to
the existing parking facilities at Diamond Hills Plaza.
Given the proposed hours of operation, the overall parking demands, and the
types of adjoining uses, it is reasonable to conclude that the Proposed Use will
be compatible with the other uses in the commercial shopping center and
neighborhood. In addition, if the City finds that the Proposed Use is the cause of
a parking deficiency or other land use impact, the Community Development
Director, after providing the entitlement holder a reasonable opportunity to
mitigate the impact(s) to an acceptable level, may refer the matter back to the
Planning Commission to consider amending or revoking this Conditional Use
Permit to address such impacts.
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PC Resolution No. 2021-14
5. Granting the amendment to the conditional use permit will not be detrimental to
the public interest, health, safety, convenience, orwelfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the property
is located.
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 Amendment to Conditional Use Permit (Planning Case No. PL2021-
39) subject to the following conditions:
1. This approval is for the operation of an education center with after -school,
tutoring, music, and art programs within a 9,904 square -foot tenant space at
Diamond Hills Plaza, an existing shopping center as described in the application
on file with the Planning Division, the Planning Commission staff report for
Amendment to Conditional Use Permit (Planning Case No. PL2021-39) dated
August 24, 2021, and the Planning Commission minutes pertaining thereto,
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 Amendment to Conditional Use Permit shall be valid only for 2751 S.
Diamond Bar Boulevard, 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
approval shall be required for the new location.
4. The hours of operation shall be limited to 3:00 p.m. to 7 p.m. Monday through
Friday, and 9 a.m. to 1 p.m. on Saturdays. The hours of operation during the
summer months from June to early August shall be limited to 9 a.m. to 6 p.m.
Monday through Friday, and 9 a.m. to 1 p.m. on Saturdays.
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5. The education center shall have no more than 70 students for classes at any one time.
6. If, at any time, the City finds that the Use is the cause of a parking deficiency,
noise nuisance, or other land use impact, within or beyond the subject property
boundaries, the Community Development Director, after providing the entitlement
holder a reasonable opportunity to mitigate the impact(s) to an acceptable level,
may refer the matter back to the Planning Commission to consider amending or
revoking this Conditional Use Permit to address such impacts.
7. Identify the music classrooms on the plans submitted for building plan check.
8. 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, ROTC Diamond Hills Plaza, LLC, 11250 El Camino
Real #200, San Diego, CA 92130; and applicant, Lance Kim, EPLEX DB,
INC, 6940 Beach Blvd., #D-212, Buena Park, CA 90621,
APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST, 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
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 24th day of August, 2021, by the following vote:
AYES; Commissioners: Barlas, Mok, Wolfe, VClGarg, Chair/Rawlings
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
Greg Gubman Secretary
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CUP Amend PL2027-39
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Amendment to Conditional Use Permit (Planning Case No. PL2021-39)
SUBJECT: To operate
an
education center
with after -school tutoring, music, and
art programs
within a 9,904 square
-foot tenant space at Diamond
Hills
Plaza, an
existing shopping center
PROPERTY ROTC Diamond Hills Plaza, LLC
OWNER(S): 11250 El Camino Real #200
San Diego, CA 92130
APPLICANT: Lance Kim
EPLEX DB, INC
6940 Beach -Boulevard, #13-212
Buena Park, CA 90621
LOCATION: 2751 South 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
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 an Amendment to Conditional Use Permit (Planning
Case No. PL2021-39) 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 fees, incurred in defense of such claims.
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CUP Amend PL2027-39
(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.
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
Amendment to Conditional Use Permit (Planning Case No. PL2021-39) 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.
The business owners and all designers, architects, engineers, and contractors
associated with this project shall obtain a Diamond Bar Business License 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 pioject'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.
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PC Resolution No. 2027-14
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 Amendment to Conditional Use Permit (Planning Case No.
PL2021-39) 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 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.
3. The occupant load factor used for the center exercise room shall be 50 sq. ft. per
occupant.
4. The occupant load factor used for the classroom areas shall be 20 sq. ft, per
occupant, with no children 2 years or younger.
Plan Check — Items to be addressed prior to plan approval:
5. "Separate permit shall be required for all wall and monument signs" and shall be
noted on plans.
6. Number of plumbing fixtures shall be in compliance with CPC T-422.
7. Provide at least one bathroom for each sex per CBC 412.3.
8. Plans shall reflect adequate exit requirements. The distance between required
exits shall be'/ of the overall building diagonal dimension.
9. Fire Department approval shall be required. Proof of approval for the E
occupancy is required.
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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. AQMD 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 tinder the provisions of this Code shall
expire and become null and void unless the work authorized by such permit is
commenced within one year 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 110.61
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 applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
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.
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PC Resolution No. 2021-14