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HomeMy WebLinkAboutPC 2014-13A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 0 DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL US PERMIT NO. PL2014-433, TO OPERATE AN 871 SQUARE -FOO TUTORING SCHOOL LOCATED AT 3203 S. BREA CANYON ROA SUITE A, DIAMOND BAR, CA (APN 8285-028-035). 210099allm 1. Property owner, Raphael Amon, and applicant, Carolyn An, have filed an application for Conditional Use Permit No, PL 2014-433 to operate an 871 square -foot tutoring school located within Peppertree Plaza. The project site is more specifically described as 3203 S. Brea Canyon Road, Suite A, 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 2.54 gross acre parcel. It is located in the Neighborhood Commercial (C-1) zone and is consistent with the Professional Office land use designation of the General Plan. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8285-028-035. 4, On April 11, 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 April 10, 2014, public hearing notices were mailed to property owners within a 500 -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 22, 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. 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 Diarnond 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, a tutoring school is permitted in the C-1 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 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 tutoring school meets Strategy 1.3.3 because the proposed tutoring school provides services to Diamond Bar residents. The Project site is not subject to the provisions of any specific plan. 2 Planning Commission Resolution No 2014-13 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 commercial center occupied by tutoring schools, day care, dental office, drycleaner, and service uses, and shares similar traits with other operators, such as various specialized educational uses. 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 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 neighborhood center that currently has similar uses, such as private tutoring schools. 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 commercial center and will be using existing access and parking in the 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. 3 Planning Commission Resolution No 2014-13 Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No, PL2014-433 subject to the following conditions: 1 The establishment is approved as an tutoring school as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2014-433 dated April 22, 2014, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a math tutoring school with ancillary piano lessons. 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 3203 S. Brea Canyon Road, Suite A, 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-, Raphael Arnon, 11616 Ventura Blvd., Studio City, CA 91604; and applicant, Carolyn An, 3209 S. Brea Canyon Road, Suite E, Diamond Bar, CA 91765. 4 Planning Commission Resolution No 2014-13 APPROVED AND ADOPTED THIS 22nd DAY OF APRIL 2014, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. EM -V 1, 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 April, 2014, by the following vote AYES: Commissioners NOES: Commissioners: ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Lin, Low, Pirritano, Chair/Farago 011101 =T - Shah None 5 CUP No PL2014-433 PROJECT #: Conditional Use Permit No. PL2014-433 SUBJECT: To allow a tutoring school in an 871 square -foot space at Peppertree Plaza PROPERTY OWNER(S): Raphael Arnon, 11616 Ventura Blvd., Studio City, CA 91604 APPLICANT: Carolvn An, 3209 S. Brea Canyon Road, Suite E, Diamond Bar, CA 91765 LOCATION: 3203 S. Brea Canyon Road, Suite A, 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 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 2014-433 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 CUP No PL2014-433 (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 2014-433 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 2014-13 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. PL2014-433 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: Telyffromm 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. 2. The completion of the accessible path of travel not done by this tenant shall be completed by future tenants as part of their scope of work. B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL: 1. Site improvements required under this permit shall be to prepare a future area to be a future accessible stall and prepare the path of travel. This shall be presented for review and approval through plan check with a document requesting an unreasonable hardship waiver. 2. Site improvements are to be done by the tenant and notated on plans 8 Planning Commission Resolution No 2014-13 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission, All lighting shall be high efficacy or equivalent pursuant to the current California Energy Code 119 and 150(k). 4. "Separate permit shall be required for all wall signs" and shall be noted. on plans. 1�1 �111MUAIKEII ldwa:. 1. Solid waste management of construction material shall incorporate recycling material collection pursuant to Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit, Z AQMD notification is required at least ten days prior to any demolition. Proofof notification is required at permit issuance. 1 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. D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION: 1. 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 (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 11 &6. 2. 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. 3. 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. 4. Any changes or deviation from approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 9 Planning Commission Resolution No 2014-13 5. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 6. The prepared path of travel shall have a cross -slope of no more than two percent. This would include in the curb and gutter area of any future path of travel. The contractor shall modify the slope to meet the two percent cross -slope to be approved by the building inspector. MM 10 Planning Commission Resolution No 2014-13