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HomeMy WebLinkAboutPC 2013-07A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2012-1107, TO OPERATE AN ART SCHOOL IN AN EXISTING 2,600 SQUARE -FOOT LEASE SPACE ON THE SECOND FLOOR OF GOLDEN SPRINGS PLAZA, 20657 GOLDEN SPRINGS DRIVE, UNIT 210 DIAMOND BAR, CA (ASSESSOR'S PARCEL NO. 8763-007-022). 01MEM99im 1 Property owner, Kenny Yu, and applicant, U.S. Arts & Design, have filed an application for Conditional Use Permit No. PL 2012-1107 to operate an art school in a 2,600 square -foot space on the second floor of Golden Springs Plaza. The project site is more specifically described as 20657 Golden Springs Drive, Unit 210, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of a 2.22 gross acre parcel. It is located in the Regional Commercial (C-3) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8763-007-022. 4. On March 1, 2013, 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 500 -foot radius of the Project site on February 25, 2013, and public notices were posted at the City's designated community posting sites on February 28, 2013. 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 March 12, 2013, 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. gvnmff�� 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 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, an art school 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. 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 art school meets Strategy 1.3.3 because the proposed art school 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 2013-07 The Proposed Use is located within a multi -tenant shopping center occupied by various retail, restaurants, caf6s, professional offices, and service uses, and shares similarities with other operators, such as the Yamaha Music Center (music school). The varying uses result in a range of peak business hours and parking demands. The additional parking demand generated by the art school will result in the need for additional spaces at the shopping center. However, given the expected pattern of trip generation throughout the day, it is unlikely for parking to be deficient during the brief periods of student turnover. As such, the operational characteristics and parking demands 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 uses, such as a music school. 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. In addition, the Proposed Use is intended to operate within an existing shopping center and will be using existing access and parking in the existing 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 Project 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. 3 Planning Commission Resolution No 2013-07 Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2012-1107 subject to the following conditions: The establishment is approved as an art school as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2012-1107 dated March 12, 2013, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to an art school. 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 20657 Golden Springs Drive, Unit 210, 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. 5. This approval does not specify limitations on class size or business hours based on the presumption that the proposed use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: Business hours — Wednesday from 4:00 p.m. to 6:00 p.m., Friday from 3:00 p.m. to 7:00 p.m., and Saturday and Sunday from 9:00 a.m. to 6:00 p.m.; and ® 30 or fewer students and 7 staff members at any one time. 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 4 Planning Commission Resolution No. 2013-07 Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 6. The Conditional Use Permit shall be reviewed six months after approval to allow the Commission to assess the adequacy of the parking, operations of the use, and generated noise. Staff shall review any calls for service or any enforcement issues related to these matters. This would give the Commission the ability to further condition the project if actual operating experience within the six months showed it necessary, by imposing additional mitigation or conditions to help relieve the concern. 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, Kenny Yu, 20657 Golden Springs Drive, Unit 102; and applicant, U.S. Arts & Design, 17412 Colima Road, Rowland Heights, CA 91748. APPROVED AND ADOPTED THIS 12TH DAY OF MARCH 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: L� teve Nelson, 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 12th day of March 2013, by the following vote: AYES: Commissioners NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners ATTEST: Greg Gubman, Secretary Farago, Shah, VC/Torng, Chair/Nelson None None Lin 5 CUP PL2012-1107 COMMUNITY ,r^ Os.;li PT\ DEVELOPMENT 4 fFP"`LOPp DEPARTMENT ^ppMat SUBJECT: To to allow an art school in a 2,600 square -foot space on the second floor of Golden Springs Plaza PROPERTY Kenny Yu, 20657 Golden Sprinns Drive, Unit 102 OWNER(S): Diamond APPLICANT: U.S. Arts & Design, 17412 Colima Road, Rowland Heights, CA 91748 LOCATION: • • • - . Springs Drive,1 Diamond i 91765 APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909)839-7030, • ' COMPLIANCE WITH THE FOLLOWINGCONDITIONS: 1. 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 2012-1107 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. 6 Planning Commission Resolution No. 2013-07 (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. PL 2012-1107 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 Planning Commission Resolution No. 2013-07 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. PL2012-1107 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per DBIVIC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBIVIC Section 22.60.050(c) for Planning Commission approval. 4 0"Nel ZRTA I I MA I M 1:8 Wei 11 W -917A 1 10, VXnAe-010M 1. Plans shall conform to State and Local Building Code (i.e., currently the 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code but the 2013 version will apply if plan check applied after January 1, 2014) 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. 3. 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. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 8 Planning Commission Resolution No 2013-07 5. 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. 6. If applicable, all equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 7. Solid waste management of construction material shall incorporate recycling material collection per DBMC 8.16 of Title 8. 8. 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 113413.2.1. 9. Number of plumbing fixtures shall be in compliance with CPC T-4-1. 10. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 11. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 12. Verify adequate exit requirements. The distance between required exits shall be'/Z of the building diagonal. 13. Specify location of tempered glass as required by code. 14. AQMD notification is required at least 10 days prior to any demolition 9 Planning Commission Resolution No. 2013-07 15. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 16. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 17. Upgrades for disabled access is required which include signage (including at parking stall $250 fine sign, basement parking, bathrooms, and elevators), truncated domes at curb ramps, and path of travel to street per CBC 113413.2.1. FCOME 10 Planning Commission Resolution No, 2013-07