HomeMy WebLinkAboutPC 2012-11PLANNING COMMISSION
RESOLUTION NO. 2012-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL2011-412, TO OPERATE A PLACE OF RELIGIOUS
ASSEMBLY IN AN EXISTING 3,867 SQUARE -FOOT TENANT SPACE
LOCATED AT 825 S. LEMON AVENUE #A10 DIAMOND BAR, CA
(ASSESSOR'S PARCEL NO. 8760-014, 8760-014-014, 8760-014-015)
A. RECITALS
1. Property owner, Walnut Business Park, LLC, and applicant, Suh Ling
Wang, have filed an application for Conditional Use Permit
No. PL 2011-412 to operate a Buddhist Education Center for True
Enlightenment in an existing 3,867 square -foot unit located at 825 S.
Lemon Avenue #A10, City of Diamond Bar, County of Los Angeles,
California ("Project Site").
2. The subject property is comprised of three parcels totaling 8.03 acres. It
is located in the Light Industrial (1) zone and is consistent with the Light
Industrial land use designation of the General Plan.
3. The Assessor's Parcel Numbers are 8760-014-001, 8760-0,14-014,
8760-014-015.
4. On March 30, 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 500 -foot radius of the Project site and public notices were
posted at the City's designated community posting sites on March 30,
2012. In addition to the published and mailed notices, the project site was
posted with a display board.
5. On April 10, 2012, 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, religious places of
worship are permitted in the I 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 business park.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed use is consistent with General Plan Objective 1,4. -
("Designate adequate land for educational, cultural, recreational and
public services activities to meet the need to Diamond Bar Residents') in
that the proposed Buddhist Education Center for True Enlightenment
(BECTE) provides an educational service to Diamond Bar Residents.
The 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 a business park occupied by various
business including, offices, retail uses, wholesalers and an art institution.
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Conditional Use Permit No 2011-412
As such, the operational characteristics are compatible with the existing
uses within the business park.
Through compliance with the conditions of approval Stipulating the manner
in which the use must be conducted, the proposed use will be compatible
within the business park.
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 business park that currently
has various business uses ranging from wholesalers, office uses, an art
institution and automotive repair.
The proposed BECTE 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 BECTE is proposed within an existing
business park and will be using existing access and parking.
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 project 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 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 this Application subject to the following conditions:
1. The establishment is approved as a Buddhist Education Center for True
Enlightenment as described in the application on file with the Planning
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Conditional Use Permit No 2011-412
Division, the Planning Commission staff report for Conditional Use Permit
No. PL2011-412 dated April 10, 2012, and the Planning Commission
minutes pertaining thereto, hereafter referred to as the "Use". The use
shall be limited to a Buddhist Education 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 825 S. Lemon Avenue
#A10, 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 owners, Walnut Business Park LLC, c/o Robert
Ko, 20107 Covina Hills Road Covina, CA 91724; and applicant, The
Buddhist Education Center for True Enlightenment — LA Division
c/o Suh Ling Wang, 1405 Bodega Way #5, Diamond Bar, CA
91765
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Conditional Use Permit No 2011-412
APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2012, BY THE PLANNING
COMMISSION OF THE CITY OF DIA OND BAR.
BY:
—Jimmy Lin, Chairma
v
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
10th day of April 2012, by the following vote:
AYES: Commissioners
NOES: Commissioners:
ABSTAIN: Commissioners'.
ABSENT: Commissioners
ATTEST'.
Greg Gubman, Secretary
Farago, Torng, VC/Nelson, Chair/Lin
None
None
Shah
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Conditional Use Permit No 2011-412
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2011-412
SUBJECT: To allow a Buddhist Education Center for True Enlightenment
in an existing 3,867 square -foot unit located on the first floor
of an existing _office jbuilding.
PROPERTY Walnut Business Park LLC, 20107 Covina Hills Rd.
OWNER: Covina, CA 91724
APPLICANT: The Buddhist Education Center for True Enlightenment — LA
Division 1405 Bodeqa Way #5, Diamond Bar, 91765
LOCATION: 825 S. Lemon Avenue, 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 2011-412 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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Conditional Use Permit No 2011-412
(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 2011-412 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 Division,
Building and Safety Division, Public Works Department, and the Fire
Department.
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Conditional Use Permit No. 2011-412
B. FEES/DEPOSITS
1 Applicant shall pay development fees (including but not limited to Planning
Division, Building and Safety Division, 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. PL2011-412 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. Tenant improvements shall be reviewed and approved by LA County Fire
for sprinkler location or relocation.
3. 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,
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 dernolition work shall be
conducted Mon. — Sat, between the hours of 7:00 a.m. and 7-00 p.m.
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Conditional Use Permit No 2011-412
6. All structures and property shall be maintained in a safe and clean manner
during construction. The property shall be free of debris and trash.
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 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. Reception counter shall comply with the Title 24 accessibility
requirements. Existing components shall be upgraded to current code per
CBC 113413.2.1.
9. "Separate permit shall be required for all wall and monument signs" and
shall be noted on plans.
10. Number of plumbing fixtures shall be in compliance with CPC T-4-1.
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, and
i. Shaft rating/ exterior walls construction/ opening protection
12. Specify location of tempered glass as required by code.
13. South Coast Air Quality Management District notification is required at
least 10 days prior to any demolition.
14. All workers on the job shall be covered by workmens 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 accessible parking stall curb ramp must be outside of the
parking stall. Reconfiguration of the accessible curb ramp with respect to
the entrance is needed.
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17, Specify the use of each space to verify that there are no unique uses such
as day care.
18. An allowable area analysis is required to verify the new higher use can be
utilized in this building. Since a B occupancy (original use) has a higher
allowable than an A-3 (new use), an area justification is needed per CBC
506,
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