HomeMy WebLinkAboutPC 2014-08A RESOLUTION OF THE PLANNING COMMISSION OF TPiE CITT 0
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL US
PERMIT NO. PL2014-014, TO OPERATE A 1,175 SQUARE -FOOT AR
SCHOOL LOCATED AT 1155 S. DIAMOND BAR BLVD., UNIT
DIAMOND BAR, CA (APN 8717-031-010).
1. Property owner, Diamond Bar Town Center, LLC, and applicant, Geoff
Soumakian, Fibo Kids Art Academy, have filed an application for
Conditional Use Permit No. PL 2014-014 to operate a 1,175 square -foot
art school located within the Diamond Bar Town Center. The project site
is more specifically described as 1155 S. Diamond Bar Blvd., Unit G,
Diamond Bar, Los Angeles County, California. Hereinafter in this
resolution, the subject Conditional Use Permit shall collectively be referred
to as the "Project" or "Proposed Use."
2. The subject property is comprised of a 1.24 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 8717-031-010.
4. On March 28, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On March 26, 2014, 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. 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 April 8, 2014, 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.
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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 Perrnit 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, an art studio—as
defined by DBMC Section 22.80.020 and determined to include 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 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 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.
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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 a multi -tenant shopping center
occupied by various retail, restaurants, professional offices, and service
uses, and shares similar traits with other operators, such as an existing
math and reading tutoring school. The varying uses result in a range of
peak business hours and parking demands. 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 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 shopping center
that currently has similar uses, such as a private math and reading
tutoring 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 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.
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.
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Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves Conditional Use Permit No. PL2014-014 subject to
the following conditions:
1. 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. PL2014--014 dated April 8,
2014, 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 1155 S. Diamond Bar
Blvd., Unit G, 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 proposed 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 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.
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, Diamond Bar Town Center, LLC,
1155 S. Diamond Bar Blvd., c/o Kenski Properties, Inc.,
6621 E. Pacific Coast Highway, #270, Long Beach, CA 90803; and
applicant, Geoff Sournakian, Fibo Kids Art Academy,
2825 Tarragon Court, Fullerton, CA 92835.
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APPROVED AND ADOPTED THIS 8T" DAY OF APRIL 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M3
Frank Farago, Chairman
1, Greg Gubman, Plainning Commission Secretary, do hereby certify that the foregoing
Resolution was Zduly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 8th day of April, 2014, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSENT: Commissioners
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
Lin, Pirritano, Chair/Farago
Low, VC/Shah
None
None
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PROJECT #: Conditional Use Permit No. PL2014-014
SUBJECT: To allow an art school in a 1,175 square -foot space on the
first floor of Diamond Bar Town Center
PROPERTY Diamond Bar Town Center, LLC, c/o Kenski Properties, Inc.,
OWNER(S): 6621E Pacific Coast Highway, #270, Long Beach, CA 90803
APPLICANT: Geoff Soumakian, Fibo Kids Art Academy, 2825 Tarragon
Court, Fullerton, CA 92835
LOCATION: 1155 S Diamond Bar Blvd., Unit G 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
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 2014-014 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.
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(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 2014-014 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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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. PL2014-014 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:
A. GENERAL CONDITIONS:
1. At the time of plan check submittal, plans and construction shall
conform to current State and Local Building Code (i.e. 2013 California
Building Code series will apply) requirements and all other applicable
construction codes, ordinances and regulations in effect.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN
APPROVAL:
1. "Separate permit shall be required for all wall signs" and shall be noted
on plans.
2. An exit analysis shall be provided during plan check, showing occupant
load for each space, exit width, exit signs, etc. The occupant load
factor shall be 20 per CBC T-1004.1.2.
3. Justification of the number of occupants within the facility shall be
provided in conformance with CPC T -4-A, CPC T-4-1, and 412.3. The
number of plumbing fixtures shall be justified on plans.
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4. The detail 5/A204 shall be updated for accessibility requirements for the
toilet room elevation dimensions including 7" to 9" from the toilet edge
to the toilet paper dispenser.
5. Cross -slope in the path of travel shall be updated to be notated at
maximum 2% or the site shall be modified to be consistent during
construction.
C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE:
1. 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.
2. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
3. 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.
1. Fire sprinkler locations shall be approved by LA County Fire
Department. Sprinklers shall be approved by LA County Fire
Department prior to and framing stage and finalization of construction.
2. 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.
3. 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 -hundred -eighty (180) days
after permit issuance, and if a successful inspection has not been
obtained from the building official within one -hundred -eighty (1,80) 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.
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.
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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. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
7. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
8. The accessible parking stalls shall be upgraded with an 8' wide striped
loading zone, restriped, and truncated domes installed on the curb
ramp.
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