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HomeMy WebLinkAboutPC 2014-161. Property owner, Golden Springs Property, LLC, and applicant, Sheng-Hoa Wang have filed an application for Conditional Use Permit No. PL 2013-512 to operate a 2,000 square -foot martial artsstudio located within a multi -tenant shopping center. The project site is more specifically described as 20627 Golden Springs Dr., Unit 1 F&G, 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 2.77 gross acre parcel. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General.Plan. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8762-034-022, 4. On June 13, 2014, notification of the public hearing for this project was published in the San Gabriel Valley Tribuneand the Inland Valley Daily Bulletin newspapers. On June 12, 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 June 24, 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. 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, Park 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, a martial arts studio 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 in compliance with all other provisions of the Development Code, and Municipal Code in general. 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 .3.3:("Encourage neighborhood serving retail and service commercial uses'). The Project site is not subject to the provisions of any specific plan. 2 Planning Commission Resolution No. 2014-16 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 shopping center occupied by various retail, restaurants, professional offices, and service uses, and shares similar traits with other operators, such as existing art and music schools in the vicinity. 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 shopping center. Moreover, 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 shopping center that currently has compatible uses, such as retail, personal services, and a billiards room. 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 shopping center and will be using existing access and parking in the shopping 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. Further, martial arts studios currently operate in other commercial areas in the City, and there are no known negative land use impacts associated with these similar uses. 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 3 Planning Commission Resolution No. 2014-16 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. PL2013-512 subject to the following conditions: 1. The establishment is approved as a martial arts studio as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2013-512 dated June 24, 2414, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". No use other than a martial arts studio may operate on the project site unless this Conditional Use Permit is revoked or amended by the Planning Commission, or voluntarily discontinued and a replacement use is duly authorized by the City. 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 Perinit shall be valid only for 20627 Golden Springs Drive, Unit 1 F&G, 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 andlor.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. 4 Panning Commission Resolution No. 2014-16 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, Golden Springs Property, LLC, 3435 Wilshire Blvd., Unit No. 2700, Los Angeles, CA 90010; and applicant, Sheng-Hoa Wang, 13619 Frazier Street, Baldwin Park, CA 91706. APPROVED AND ADOPTED THIS 24TH DAY OF JUNE 2014, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Frank ar o, I, Greg Gubman, P19nning mission Secretary, do hereby certify that the foregoing Resolution was duly intr ced, passed, and adopted, at a regular meeting of ,the Planning Commission held on the 241h day of June, 2014, by the following vote: AYES: Commissioners: Lin, Pirritano, VC/Shah, Chair/Farago NOES: Commissioners: None ABSENT: Commissioners- Low ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 5 CUP No. PL2013-512 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No..PL2013-512 SUBJECT: To allow a martial arts studio in a 2,000 square -foot space of an existing multi -tenant shopping center, PROPERTY Golden Springs Property, LLC, 3435 Wilshire_ Blvd., Unit No. OWNER(S): 2700, Los Angeles, CA 90010 APPLICANT: Shen -Hoa Wang, 13619 Frazier Street Baldwin Park CA 91706 LOCATION: 20627 Golden Springs Dr., Unit 1F& G, 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 2013-512 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 Planning Commission Resolution No. 2014-16 (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 2013-512 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. 2014-16 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. 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. PL2013-512 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. Site accessibility shall be upgraded per CBC 11B-202.4. Upgrades include a level entrance and accessible parking signage. Consideration for other site access features is required such as curb ramps at the accessible stall. 2. The maximum number of occupants allowed is 30. Where the occupant load is over 30, the number of plumbing fixtures per CPC T-4-1 needs to be upgraded. Exiting will also need to be evaluated if the occupant load is over 30. END 8 Planning Commission Resolution No. 2014-16