HomeMy WebLinkAboutRES 2024-12PLANNING COMMISSION
RESOLUTION NO. 2024=12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2024-15 TO
OPERATE A 13,830 SQUARE -FOOT CHILD DAY CARE CENTER WITHIN AN
EXISTING BUILDING PREVIOUSLY OCCUPIED BY OFFICE USES LOCATED AT
3333 DIAMOND CANYON ROAD, DIAMOND BAR, CA (APN 8269-011-015).
A. RECITALS
1. Property owner, Omeda Investment, LLC, and applicant, Jason Chen for
Kingdom Seed Academy, have filed an application for Conditional Use Permit
No. PL2024-15 to operate a 13,830 square -foot child day care center at Kingdom
Seed Academy, within an existing building previously occupied by office uses.
The project site is more specifically described as 3333 S. Diamond Canyon Road,
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 Project Site is made up of one parcel totaling 3.37 acres. It is located in the
Professional Office (OP) zone and is consistent with the Office land use
designation of the General Plan.
3. The legal description of the subject property is Lot 1 of Tract No, 50415, The
Assessor's Parcel Number (APN) is 8269-011-0159.
4. On November 15, 2024, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune newspaper. On November 15, 2024,
public hearing notices were mailed to property owners within a 1,000-foot radius
of the Project site and posted at the City's designated community posting sites.
5. On November 26, 2024, 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
oI 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 City Code (DBCC) Section 22.58, the Planning Commission hereby finds
and approves as follows:
Conditional Use Permit Review Findings (DBCC Section 22.58I
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 City Code.
Pursuant to DBCC Section 22.10.030, Table 2-6, child day care centers are
permitted in the OP zoning district with approval of a conditional use permit. The
Proposed Use will be located within an existing building that is also occupied by
a private elementary school. 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 within the building 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 Goal ED-G-3: ("Support the
retention, rehabilitation, and/or expansion of existing businesses, and the
attraction of new businesses") in that the Proposed Use is a new business
locating within an existing building that is underutilized.
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 will occupy a 13,830 square -foot vacant tenant space within
a 36,570 square -foot office building. The remaining portion of the building is
occupied by a private elementary school, which have similar operational
characteristics. The Proposed Use complies with the City's Development Code
parking requirements, and the parking demand generated by the Proposed Use
is not likely to exceed the number of on -premise parking spaces available to serve
the Proposed Use at any given time. The Proposed Use will operate from 7 a.m.
to 6 p.m., Monday through Friday.
The site is surrounded by single-family residences to the west, hillside open
space to the north, a church to the south and the 57 freeway to the east. A child
day care use would provide services for nearby residents.
Given the proposed hours of operation, the availability of parking, and types of
adjoining uses, it is reasonable to conclude that the Proposed Use will be
compatible with the other uses within the building and surrounding neighborhood
which are single-family residences and church.
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PC Reso No. 2024-12
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 Proposed Use is physically suitable within the subject site because it will be
located in an existing vacant tenant space within an existing office building, and
no additional square footage is being proposed. In addition, the Proposed Use
wilt be using existing access and parking. The site provides 109 on -site parking
spaces which will be shared by both uses. The minimum number of parking
spaces required for the existing elementary school is 37 spaces. The parking
requirement for the Proposed Use is 38 spaces. The total off-street parking
requirement for the building would thus be at least 75 spaces, which is satisfied
by the number of parking spaces already provided. The traffic engineer estimates
that the worst -case scenario for drop-off demand for the existing school and
proposed child day care center is 18 spaces. Assuming both the school and child
day care center are fully staffed with 20 employees, parking demand for the two
uses is 40 spaces. With a combined parking demand of 58 spaces, the site
provides sufficient parking with a surplus of 51 parking spaces under this
scenario.
d th
Therefore, the existing parking supply would accommodate existing use ane
Proposed Use, and the designated drop-off area and surplus of parking spaces
indicate that all vehicular activities will be sufficiently accommodated on site at
full enrollment of both uses. The Proposed Use is physically suitable at the
subject site.
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, Building and Safety
Division, and L.A. County Fire Department.
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.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2024-15, subject to the following
conditions:
3 PC Reso No. 2024-12
This approval is for the operation of a 13,830 square -foot child day care center
at Kingdom Seed Academy, within an existing building previously occupied by
office uses, as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit No. PL2024-15
dated November 12, 2024, 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 3333 S. Diamond Canyon
Road, as depicted on the approved plans on file with the Planning Division. Prior
to relocating or expanding the Use into other tenant spaces, the applicant shall
first apply for and receive approval of an amended Conditional Use Permit,
4. If, at any time, the City finds that the Use is the cause of a parking deficiency,
noise nuisance, or other land use impact, within or beyond the subject property
boundaries, the Community Development Director, after providing the entitlement
holder a reasonable opportunity to mitigate the impact(s) to an acceptable level,
may refer the matter back to the Planning Commission to consider amending or
revoking this Conditional Use Permit to address such impacts. If the impacts are
considered minor as determined by the Community Development Director,
modifications required to mitigate the impact(s) may be reviewed administratively.
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, except that the Community Development Director may
administratively approve minor modifications to the use if it is determined.
Prior to issuance
of
a final Certificate of Occupancy,
an "Exit Only" sign and
landscaping shall
be
installed per the approved plans
at the west driveway to
guide drivers that
are
navigating through the site.
Prior to issuance of a final Certificate of Occupancy for the child day care center,
the existing school shall obtain and finalize building permits for the change of use
from office to school.
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, Omeda Investment, LLC, 2259 Celano Ct, Chino Hills,
CA 91709; and applicant, Jason Chen for Kingdom Seed Academy, 3333
S. Diamond Canyon Road, Diamond Bar, CA 91765.
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PC Reso No. 2024-12
APPROVED AND ADOPTED THIS 26TH DAY OF NOVEMBER, 2024, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
By:
Ruben To(Chairperson
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 26th day of November, 2024, by the following vote:
AYES: 4 Commissioners: BARLAS, RAWLINGS, V/C GARG, C/TORRES
NOES: 0 Commissioners: NONE
ABSENT: 1 Commissioners: WOLFE
ABSTAIN: 0 Commissioners: NONE
ATTEST:
Greg Gubman, Secretary
5 PC Reso No. 2024-12
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2024-15
SUBJECT:
To operate
a
13,830
square
-foot
child
day
care center
within
an
existing office
building
previously
occupied
by office uses
PROPERTY Omeda Investment, LLC
OWNER(S): 2259 Celano Ct
Chino Hills, CA 91709
APPLICANT: Jason Chen for Kingdom Seed Academy
3333 S. Diamond Canyon Road
Diamond Bar, CA 91765
LOCATION: 3333 S. Diamond Canyon Road
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 No. PL2024-15 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:
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PC Reso No. 2024-12
(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
attorney fees, incurred in defense of such claims.
(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:
(a) The applicant and property owner have each filed with the Community
Development Department an affidavit stating that they are aware of and
agree to accept all of the conditions of approval contained herein; and
(b) All remaining application processing fees have been paid in full.
3. The business owners and all designers, architects, engineers, and contractors
associated with this project shall obtain a Diamond Bar Business License for
those businesses located in Diamond Bar,
4. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
5. 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.
6. 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.
7. Property owner/applicant shall remove the public hearing notice board within
three (3) days of this project's approval.
8. The applicant shall comply with the requirements of City Planning, 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,
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.
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PC Reso
No.
2024-12
Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Conditional Use Permit No. PL2024-15 shall expire within one
(1) year from the date of approval if the use has not been exercised as defined
pursuant to DBCC Section 22.66.050 (b)(1). The applicant may request in writing
a one-year time extension subject to DBCC Section 22.60.050(c) for Planning
Commission review and approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
Plans and construction shall conform to current State and Local Building Code
(i.e. 2022 California Building Code series will apply) requirements and all other
applicable construction codes, ordinances and regulations in effect at the time of
permitissuance,
Implementation of the CAL Green Code shall be reflected on the plans, and
certification shall be by a third party as required by the Building Division. Specific
water, waste, low VOC, and related conservation measures shall be shown on
plans. Construction shall conform to the current CAL Green Code.
3. A basic building analysis for the entire facility (including the existing classroom
areas) is required and to be designed by a licensed architect.
Plan Check —Items to be addressed prior to plan approval:
4. This project shall comply with the energy conservation requirements of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 119 and 150(k).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per
California Energy Code 150(0)I
6. Public Works/Engineering Department is required to review and approve grading
plans that clearly show all finish elevations, drainage, and retaining walls)
locations. These plans shall be consistent with the site plan submitted to the
Building & Safety Division,
7. An exit analysis shall be provided during plan check, showing occupant load for
each space, exit width, exit signs, etc. The exit analysis will be provided for the
entire facility including the existing classroom areas.
8. Number of plumbing fixtures shall be in compliance with CPC T422.
PC Reso No. 2024-t2
9. This project shall comply with the energy conservation requirements of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 140.E to 140.9.
10. Indicate the proposed addition and existing building on the plans. Submit code
analysis and justification showing the following:
a. Each building square footage
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 wall construction/ opening protection
11. Plans shall reflect adequate exit requirements. The distance between required
exits shall be'/2 of the overall building diagonal dimension.
12. Fire Department approval shall be required. Contact the Fire Department for plan
check requirements.
13. Design for future electric vehicle charging shall be provided consistent with CAL
Green 4.106A or 5,106.5.3.
14. The existing school facility shall be designed as part of the overall permit and not
excluded from the tenant improvement.
15. The design for a school and day care tenant improvement and existing areas
shall be designed by a licensed architect for all Building Code requirements.
16. An occupancy separation needs to be provided to adjacent uses per CBC Table
508.4. Fire rated assemblies are required between the different uses.
17. An allowable area analysis shall be completed due to the higher use per CBC
Table 506.2. Analyze for 14, A-3, and E occupancy in the allowable area analysis.
18. Each room shall be designed for a one -hour rated corridor or have a door directly
to the outside or one -hour rated corridor per CBC 436.1.1.
19. Two exits are required for all larger classrooms 1000 square feet or greater per
CBC 1006.2.2.8 and 436.1.1.
Permit —Items required prior to building permit issuance:
9 PC Reso Na. 2024-12
20. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar City Code 8.16 of Title 8. The contractor
shall complete all required forms and pay applicable deposits prior to permit.
21. AMID notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
22. All workers on the job shall be covered by workers' compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
Construction —Conditions required during construction:
23. 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.
24. 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 year 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 110.6.
25. 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.
26. Existing fencing shall remain in -place during construction including pool barrier
fencing. Any alteration of the fencing may result in a discontinuation of
construction until the fences are returned to its original state.
27. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
28. The project shall be protected by a construction fence to the satisfaction of the
Building Official, and shall comply with the NPDES & BMP requirements (sand
bags, etc.). All fencing shall be view obstructing with opaque surfaces.
29. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org,
30. The applicant shall first request and secure approval from the City for any
changes or deviations from approved plans prior to proceeding with any work in
accordance with such changes or deviations.
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PC Reso No. 2024-12
31. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
32. All plumbing fixtures, including those in existing areas, shall be low -flow models
consistent with California Civil Code Section 1101.1 to 1101.81
END
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PC Reso No. 2024-12