HomeMy WebLinkAboutPC 2015-21i •'04111111,241
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND EAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO, PL2015-300, TO OPERATE A VISUAL ARTS STUDIO WITH
ANCILLARY SALES OF ARTWORK WITHIN AN 815 SQUARE -FOOT
LOCATED AT 3333 S. DREA CANYON ROAD, UNIT 220, DIAMOND
DAR, CA (APN 8714-015-029).
A. RECITALS
1. Property owner and applicant, Arco Office Investment, LLC, has filed an
application for Conditional Use Permit No. PL 2015-300 to operate visual
arts studio with ancillary sales of artwork within an 815 square -foot located
within an existing office condominium building. The project site is more
specifically described as 3333 S. Brea Canyon Road, Unit 220, 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 2.41 gross acre parcel. It is located
in the Neighborhood Commercial (C-1) zone with a General Plan land use
designation of Professional Office.
3. The legal description of the subject property is described as Assessor's
Parcel Number is 8714-015-029.
4. On August 28, 2015, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On August 27, 2015, public hearing notices were
mailed to property owners within a 500 -foot radius of the Project site and
posted at the City's three designated community posting sites.
5. On September 8, 2015, 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 22.90.030, Table 2-6, an artstudio is permitted
in the C-1 zoning district with approval of 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 office condominium 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 Strategy 1.3.3:
("Encourage neighborhood serving retail and service commercial uses') in
that the proposed art studio complies with Strategy 1.3.3 because the
proposed art studio provides services to Diamond Bar residents.
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PIanning Commission Resolution No. 2015-21
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 within an existing office condominium building.
Other uses occupying the building include travel agencies, medical and
healthcare offices, and various other professional office uses. The varying
uses result in a range of peak business hours and parking demands. The
existing gross floor area of the building requires 195 parking spaces. There
are 129 off-street parking spaces located at the existing project site which
allows up to 14 parking spaces to be allocated to the proposed art studio.
Based on the business proposal, seven parking spaces are required for the
proposed art studio at any one time. In addition, class times are staggered
by 10 to 15 minutes to limit the demand for parking spaces during the art
studio's operating hours. The proposed art studio will increase any square
footage to the existing building, and currently the center is not heavily
congested or utilized. 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 project site.
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 office condominium building.
The Proposed Use is physically suitable within the subject site because it
will be located within an existing office condominium building 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.
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Planning Commission Resolution No. 2015-21
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. PL2015-300 subject to the following
conditions:
The establishment is approved as an art studio as described in the
application on file with the Planning Division, the Planning Commission staff
report for Conditional Use Permit No. PL2015-300 dated September 8,
2015, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use". The Use shall be limited to an art studio with
ancillary sales of art work.
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. Brea Canyon
Road, Unit 220, 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.
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Planning commission Resolution No. 2015-21
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 and applicant, Arco Office Investment, LLC,
.3333 S. Brea Canyon Road, Unit 220, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 8T" DAY OF SEPTEMBER 2015, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Ruth Low, 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 8111 day of September, 2015, by the following vote:
AYES: Commissioners: Farago, Nishimura, Wolfe, VG/Mahlke, Chair/Lora
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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CUP PL2015-300
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2015-300
SUBJECT: To allow an art studio with ancillary sales of artwork within
an 815 square -foot space on the second floor of an existing
office condominium building
PROPERTY
OWNER(S)1
APPLICANT: Arco Office Investment, LLC.
17528 Rowland St.
City of Industry, CA 91.748
LOCATION: 3333 S. Brea Canyon Road, Unit 220, 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. PL2015-300 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.
(b) Applicant shall promptly pay any final judgment rendered against
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Planning Commission Resolution No. 2Q15--21
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 2015-300 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.
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
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Planning Commission Resolution No. 2095-21
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. PL2015-300 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.
2. Provisions for CALGreen shall be implemented onto plans and
certification shall be provided 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 CALGreen Code.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL:
1. Number of plumbing fixtures shall be in compliance with California
Plumbing Code Section T-4-1.
2. The wall legends shall be adjusted to accurately reflect new and existing
walls.
C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE:
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 building permit issuance.
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Planning Commission Resolution No. 2015-21
2. SCAQM® notification is required at least ten days prior to any demolition.
Proof of notification is required at building 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. 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 110.6.
2. 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.
3. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
4. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
EN®
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