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HomeMy WebLinkAboutPC 2012-12PLANNING COMMISSION 1--ZESOLUTION NO. 2012-12 A. RECITALS, 1. Property owner, Country Hills Holdings, LLC, and applicant, Matt Jeng, have filed an application for Conditional Use Permit No. PL 2012-286 to operate a tutoring center ("Proposed Use") in an existing 1,322 square - foot unit towards the south end of Diamond Hills Plaza. The project site is more specifically described as 21349 Cold Spring Lane, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of 20 parcels totaling 17.2 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 3 of Parcel Map No. 247-28-31. The Assessor's Parcel Number is 8285-020-034. 4. On April 27, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the -Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on April 27, 2012. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On May 8, 2012, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider the Proposed Use, solicited testimony from all interested individuals, and concluded said hearing on that date. ENEIRE-EMM 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) Sections 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 and non -degree school 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 shopping center. 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 learning 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. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity; 2 Planning Commission Resolution No 2012-12 The Proposed Use is located within a multi -tenant shopping center occupied by various restaurants, office, and similar uses such as two music schools, taekwondo studio, and child daycare center. As such, the operational characteristics are compatible with the existing uses within the 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 the other uses within the shopping center. 4, The subject property 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 shopping center that currently has similar educational uses such as two music schools, taekwondo studio and a child daycare center and learning center. The Proposed Use is physically suitable with the subject site because it will be located in an existing building and no additional square -footage is being proposed. Additionally, the Proposed Use is intended to operate within an existing shopping center and will be using existing access and parking in the shopping 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; and 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 project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth tinder Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 3 Planning Commission Resolution No 2012-12 Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2012-86 subject to the following conditions: 1 The establishment is approved as a tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2012-86 dated May 8, 2012, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a tutoring center. 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 21349 Cold Spring Lane, 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 frorn 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 owners, Country Hills Holdings LLC, c/o Sarofim Realty Advisors Co., 8115 Preston Road, Suite 400, Dallas, TX 75225; and applicant, Matt Jeng, 713 W. Duarte Rd., Arcadia, CA 91007. 4 Planning Commission Resolution No 2012-12 APPROVED AND ADOPTED THIS 8T" DAY OF MAY 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY Steve Nelson, Vice Chairman 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8t" day of May 2012, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners: ABSENT Commissioners ATTEST: Greg Gubman, Secretary Farago, Shah, Torng, VC/Nelson None None Chair/Lin 5 CUP PL2012-86 SUBJECT: To allow a tutoring center in an existing 1,322 square -foot unit located towards the south end of Diamond Hills Plaza PROPERTY County Hills Holdings, LLC, c/o Sarofim Realty Advisors, OWNER(S): 8115 Preston Road, Suite 400, Dallas, TX 75225 APPLICANT: Matt Jeng., 713 W. Duarte Rd. Arcadia, CA 91007 LOCATION: 21349 Cold Spring Lane, 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: In accordance with Government Code Section 66474.9(b) (1), 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. PL 201186 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 6 Planning Commission Resolution No 2012-12 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. PL 2012-86 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. B. FEESMEPOSITS 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 7 Planning Commission Resolution No 2012-12 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. PL2012-86 shall expire within two (2) years 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: 1. Plans shall conform to State and Local Building Code (i.e., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. Fire sprinkler plans shall be approved by LA County Fire Department prior to frame inspection. 4. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. — Sat. between the hours of 7:00 a.m. and 7:00 p.m. 6. 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. 8 Planning Commission Resolution No 2012-12 7. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 8. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 9. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 10. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Existing components shall be upgraded to current code per CBC 1134B.2.1. 11. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. Plumbing fixtures is based on CPC 412.3 exception 3. Any changes to layout may be subject to upgrade of plumbing fixture count per CPC T- 4-1 and 412.3. 13. AQMD notification is required at least 10 days prior to any demolition. 14. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 15. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 16. The existing bathroom must be completely accessible and if there are any deficiencies, shall be upgraded to current accessibility standards per CBC 1115B and 1134B.2.1. 17. Existing accessible parking shall make and necessary upgrades including signage to meet current accessibility standards per CBC 1129B and 1134B.2.1. XTIR 9 Planning Commission Resolution No 2012-12