HomeMy WebLinkAboutPC 2022-02PLANNING COMMISSION
RESOLUTION NO. 2022=02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2021-97, TO OPERATE A 1,850 SQUARE -FOOT VETERINARY CLINIC
LOCATED AT 838 NORTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CA
(APN 8706-002-056).
A. RECITALS
Property owner, Foremost Diamond Ranch, LLC, and applicant, Phillip An,
DVM, have filed an application for Conditional Use Permit No. PL 2021-97
to operate an 1,850 square -foot veterinary clinic within an existing 60,706
square -foot multi -tenant commercial center. The project site is more
specifically described as 838 N. 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 Project Site is made up of one parcel totaling 5.4 acres. It is located in
the Professional Office (OP) zone with a General Plan land use designation
of Neighborhood Mixed Use.
3. The legal description of the subject property is Lots 14 through 17 of Tract
Map 34803. The Assessor's Parcel Number is 8706-002-056.
4. On February 11, 2022, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune newspaper. On February 11,
2022, 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 February 22, 2022, 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 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
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,
The Ranch Center was constructed in 1982, prior to the City's incorporation.
Although the site is zoned Professional Office (OP), the existing land uses
and layout of the center is more indicative of commercial zoning, such as in
the Neighborhood Commercial (C-1) and Community Commercial (C-2)
districts. A veterinary clinic is permitted in both commercial and office zones
with a CUP. 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 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 future land uses in the vicinity.
The Proposed Use is located within an existing commercial center that
has a diversity of uses, including a dance studio, restaurant, offices, and
other retail and service uses. The Proposed Use is compatible with the
other uses within the commercial center.
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PC Resolution No. 2022-02
Business will be conducted within defined business hours on an
appointment -only basis but will make exceptions to provide medical care to
emergency and urgent needs during business hours. There will be
temporary boarding for pets during medical treatments and recuperation
after procedures. Critically ill patients requiring extended medical care will
be transferred to the neighboring overnight animal hospital and no pets will
be hospitalized, boarded or kept overnight at the project location. To
alleviate any potential noise concerns, the facility is designed to include
additional sound -control measures at the demising walls and ceiling with an
STC rating of 55 and six -inch -thick sound insulation above the entire ceiling.
STC stands for sound transmission class and an STC rating of 20 is
considered poor while a rating of 60 is considered excellent. Furthermore,
the closest residence to the facility is approximately 200 feet away, buffered
by an 80400t tall, landscaped slope.
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 Project site is located within an existing commercial center that
currently has a diversity of uses, including a dance studio, restaurant,
offices, and other retail and service uses. There are 238 parking spaces at
the existing shopping center. The number of parking spaces required for the
shopping center minus the veterinary clinic is 214 parking spaces. The
proposed veterinary clinic requires 7 spaces based on Development Code
requirements, for a total parking requirement of 221 off-street parking
spaces leaving a technical surplus of 17 spaces. Under a parking demand
scenario, one additional space would be required. Five vehicles for the
employees and three vehicles for customers at the veterinary clinic based
on the number of exam rooms available totals to eight required parking
spaces. Since 238 parking spaces are available, there would still be a
surplus of 32 spaces under this scenario. 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 veterinary clinic 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.
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PC Resolution No. 2022-02
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.
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 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. PL2021-97, subject to the following
conditions:
1. This approval is for the operation of an 1,850 square -foot veterinary clinic
within an existing shopping center. Services will include routine care and
vaccination, hospitalization and treatment of medical conditions and
illnesses, medical grooming procedures, advanced diagnostics (laboratory
testing, x-ray and ultrasound imaging), surgical procedures, community
outreach programs and public health initiatives., 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 838 N. 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
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PC Resolution No. 2022-02
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,
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, Foremost Diamond Ranch, LLC, 27271 Las
Ramblas, Ste 100, Mission Viejo, CA 92691; and applicant, Phillip
An, DVM, 220 East Bonita Ave. #175, San Dimas, CA 91773,
APPROVED AND ADOPTED
THIS 22ND
DAY OF
FEBRUARY, 2022, BY THE
PLANNING COMMISSION
OF
THE
CITY
OF
DIAMOND
BAR.
r
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 22nd day of February, 2022, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Barlas, Mok, VC/Garg, Chair/Rawlings
None
Wolfe
None
ATTEST: l
Greg Gubman, Secretary
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PC Resolution No. 2022-02
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2021-97
SUBJECT: To operate a 1,850 square -foot veterinary clinic within an
existing shopping center.
PROPERTY Foremost Diamond Ranch. LLC
OWNER(S): 27271 Las Ramblas. Ste 100
Mission Viejo, CA 92691
APPLICANTS: Phillip An, DVM
220 East Bonita Ave. #175
San Dimas, CA 91773
LOCATION: 838 N. Diamond Bar Blvd. Djamond 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
No. PL2021-97 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
attorneys' fees, incurred in defense of such claims.
PC Resolution No. 2022-02
(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. PL2021-97 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.
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PC Resolution No. 2022-02
Be 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
1. The approval of Conditional Use Permit No. PL2021-97 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) 83940201 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,
Plan Check —Items to be addressed prior to plan approval:
3. Upgrades for existing parking and path of travel is required consistent
with CBC 11B-202. All existing facilities shall be evaluated for required
upgrades to comply with current California Building Code. The existing
path from parking shall be evaluated to verify if there are alternatives to
the path passing behind the parking stall amongst other ADA
improvements.
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PC Resolution No. 2022-02
4. "Separate permit shall be required for all wall and monument signs" and
shall be noted on plans.
5. Exits shall be clearly defined in plan check, showing occupant load for
each space, exit width, exit signs, etc.
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.
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. AQMD 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. Fire sprinklers are required for new single-family dwellings (CRC
R313.2). Sprinklers shall be approved by LA County Fire Department
prior to installation and shall be inspected at framing stage and
finalization of construction.
12. 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.
13. 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 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 110.6.
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PC Resolution No. 2022-02
14. 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.
15. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
16. 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.
17. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
fd.l�
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PC Resolution No. 2022-02