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HomeMy WebLinkAboutPC 2023-06PLANNING COMMISSION RESOLUTION NO. 2023-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2023-3 TO OPERATE AN EDUCATIONAL CENTER AND A PARKING PERMIT TO REDUCE THE NUMBER OF REQUIRED NUMBER OF PARKING SPACES BASED ON THE FINDINGS OF A SHARED PARKING ANALYSIS FOR THE CENTER LOCATED AT 1930 S. BREA CANYON ROAD, UNIT C112, DIAMOND BAR, CA (APN 8765-001- 009). A. RECITALS Property owner, CHM Properties, LLC, and applicant, Youth Development Resource Center, have filed an application for Conditional Use Permit No. PL2023-3 to operate an educational center at a 1,000 square -foot vacant space within a 70,955 square -foot multi -tenant commercial center and Parking Permit for the reduction in the required number of parking spaces based on the findings of a shared parking analysis for the center. The project site is more specifically described as 1930 S. Brea Canyon Rd. #C112, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit and Parking Permit shall collectively be referred to as the "Project" or "Proposed Use. 2. The subject property is located in the Community Commercial (C-2) zone with a General Plan land use designation of General Commercial. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8765-001-009. 4. On March 17, 2023, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On March 17, 2023, public hearing notices were mailed to property owners within a 500400t radius of the Project site and posted at the City 's designated community posting sites. On March 28, 2023, 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: 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 and 22.30.050, 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, anon -degree schoo/— including a tutoring center —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 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 educational center will provide 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. The Proposed Use is located in a commercial center that includes a deli, tutoring and art schools, post -secondary school, medical and healthcare offices, and retail businesses. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, and through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the educational center will be compatible with the other uses within the commercial 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. 2 PC Resolution No. 2023-06 The Project site is located within an existing commercial center that currently has a diversity of uses, including a deli, tutoring and art schools, post -secondary school, medical and healthcare offices, and retail businesses. Plaza Diamond Bar provides 269 parking spaces. The varying uses result in a range of peak business hours and parking demands. Although there is a deficit of parking spaces based on Development Code requirements, a parking study was analyzed that provides a parking demand analysis based on ITE Parking Generation Rates (3rd Edition). The parking analysis indicates that the forecasted parking demand of 256 parking spaces is lower than the 306 parking spaces required by the Development Code. Based on a parking supply of 269 spaces, it is reasonable to conclude that the commercial center has sufficient parking with a surplus of 13 parking spaces. In addition, group sessions would occur during night when most businesses have closed, and the educational center is not proposing to increase any square footage to the existing building. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the educational center will be compatible with the other uses in the commercial center. The Proposed Use is physically suitable with the subject site because it will be located in an existing building. 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. The Proposed Use is located within a commercial center. Students will be supervised at all times and will not be able to leave until picked up by parents. 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 underArficle 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Parking Permit Findings (DBMC Section 22.30.050) 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved. 3 PC Resolution No. 2023-06 The existing gross floor area of the shopping center is 52,096 square feet, therefore, requires 174 parking spaces. The various tutoring centers and art school require 91 parking spaces. The post -secondary school requires 34 parking spaces. The proposed educational center requires seven parking spaces. A total of 306 parking spaces are required to be provided. There are 269 existing parking spaces, resulting in a technical deficit of 37 parking spaces. The former Chuck E. Cheese's building located north of the subject site is among one of the buildings that comprise the commercial center. When an application was submitted to convert this building to medical offices in 2020, staff required a parking study that provided parking demand calculations based on parking survey observations and the ITE Parking Generation Rates (3rd Edition) signed by a licensed traffic engineer. This study was peer reviewed by the City's traffic consultant. Staff analyzed and appended to the results of this study with demand a nticipated•from the proposed education center. Based on the parking study, the traffic engineer estimates there would be a demand for 249 parking spaces if all businesses experienced peak -hour demand simultaneously. By adding seven additional spaces for the proposed educational center (maximum number of people at any given time), the total peak parking demand is 256 spaces. Therefore, there would be a surplus of 13 parking spaces. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses). When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from tutoring centers, post -secondary school, a deli, offices, medical offices, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. As mentioned above, the former Chuck E. Cheese's building located north of the subject site is among one of the buildings that comprise the commercial center. When an application was submitted to convert this building to medical offices in 2020, staff required a parking study that provided parking demand calculations based on parking survey observations and the ITE Parking Generation Rates (3rd Edition) signed by a licensed traffic engineer. This study was peer reviewed by the City's traffic consultant. Staff analyzed and appended to the results of this study with demand anticipated from the proposed education center. Based on the parking study, the traffic engineer estimates there would be a demand for 249 parking spaces if all businesses experienced peak -hour demand simultaneously. By adding seven additional spaces for the proposed educational center (maximum number of people at any given time), the total peak parking demand is 256 spaces. Therefore, there would be a surplus of 13 parking spaces. In addition, group sessions would occur during night when most businesses have closed, and the Proposed Use is not proposing to increase any square -footage to the existing building. It is reasonable to anticipate that the existing parking supply is adequate to serve the overall parking demands of Plaza Diamond Bar. 4 PC Resolution No. 2623-06 D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit and Parking Permit No. PL2023-3 subject to the following conditions: 1. The establishment is approved as an educational center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit and Parking Permit No. PL2023-3 dated March 28, 2023, and the Planning Commission minutes pertaining thereto, hereafter referred to as the ' Use 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 1930 S. Brea Canyon Rd. #C112, as depicted on the approved plans on file with the Planning Division. If the Proposed Use moves to a different tenant space that is larger in size or expands into additional tenant spaces within the center, 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. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4, The Director may authorize minor changes to the approved plan or the nature of the approved use if the changes comply with the criteria set forth in DBMC Section 22,66.060 (1). 5. 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 Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. changes to the approved scope of services comprising the use shall be permitted unless the applicant is applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission. 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, CHM Properties, LLC, 18855 Sherbourne PI, Rowland Heights, CA 91748; and applicant, Linda Liu, Youth Development Resource Center, 1930 S. Brea Canyon Rd. #C112, Diamond Bar, CA 91765 5 PC Resolution No. 2023-06 APPROVED AND ADOPTED THIS 28ih DAY OF MARCH 2O23, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: LLz A;MZ2 A William Rawlings, Chaivperson I, 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 28th day of March, 2023, by the following vote: AYES: Commissioners: Wolfe, VC/Torres, Chair/Rawlings NOES: Commissioners: None ABSENT: Commissioners: Barlas, Garg ABSTAIN: Commissioners: None ATTEST: Greg Gub Secr ary 6 PC Resolution No. 2023-06 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit and Parking Permit No. PL2023-3 SUBJECT: To operate an educational center PROPERTY CHM Properties LLC OWNER: 18855 Sherbourne PI Rowland Heights, CA 91748 APPLICANT: Linda Liu Youth Development Resource Center 1930 S. Brea Canyon Rd. #C112 Diamond Bar, CA 91765 LOCATION: 1930 S Brea Canyon Rd. #C112 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 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 and Parking Permit No. PL2023-3 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. 7 PC Resolution No. 2023-06 (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 and Parking Permit No. PL2023-3 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 and Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning and 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. 8 PC Resolution No. 2023-06 C. TIME LIMITS 1. The approval of Conditional Use Permit and Parking Permit No. PL2023-3 shall expire within one (1) year 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 22.66.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. The occupant load of this use is maximum 12 total students and adults. 2. The hours of operation are 2:30 p.m. to 8:00 p.m. L�►J�7 9 PC Resolution No. 2023-06