HomeMy WebLinkAboutPC 2016-019
PLANNING COMMISSION
RESOLUTION 'NO. 2016-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE . PERMIT
NO. PL2015-395, TO OPERATE A 1,980 SQUARE -FOOT DANCE STUDIO
WITHIN A 36,398 SQUARE -FOOT MULTI -TENANT SHOPPING CENTER
LOCATED AT 303 SOUTH DIAMOND BAR BOULEVARD, #H, DIAMOND BAR,
CA (APN 8717-008-029).
RECITALS
1. Property owner, Phoenix Gluck LP, and applicants, Yulia Kushnirenko and
Denis Podolskiy, have filed an application for Conditional Use Permit
No. PL 2015-395 to operate a 1,980 square -foot dance school located
within an existing shopping center. The project site is more specifically
described as 303 S. Diamond Bar Blvd., #H, 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 two parcels measuring approximately
4.61 gross acres. It is located in the Regional Commercial (C-3) 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 8717-008-029.
4. On November 13, 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 November 12, 2015, public hearing notices were
mailed to property owners within a 700 -foot radius of the Project site and
posted at the City's designated community posting sites.
5. On November 24, 2015, the Planning Commission continued this matter to
December 8, 2015, to allow the applicant time to post the site with a public
hearing notice board at least 10 days prior to the hearing date.
6. On November 27, 2015, a revised public hearing notice was published in
the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. On November 25, 2015,'public hearing notices were mailed to
property owners within a 700 -foot radius of the Project site. In addition to
the published and mailed notices, the project site was posted with a display
board and the notice was posted at the City's designated community posting
sites. On December 21, 2015, notices were mailed to property owners to
notify the rescheduled meeting date. Additionally, the public hearing notice
board was updated with the revised notice. 1
7. On January 12, 2016, 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:
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)
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 dance school is
permitted in the C-3 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 shopping 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
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Planning Commission Resolution No. 2016-01
that the proposed dance school meets Strategy 1.3.3 because the proposed
dance school provides 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 within a multi -tenant shopping center occupied
by retail stores, a fitness center, restaurants, a dry cleaner, and personal
service uses. The existing gross floor area of the shopping center requires
126 parking .spaces, the existing fitness center requires 20 parking spaces,
and the proposed dance studio requires 15 parking spaces based on
Development Code requirements. There are 211 off-street parking spaces
located at the existing project site, which will thus exceed the requirement
by providing a technical surplus of 50 parking spaces. The varying uses
result in a range of peak business hours and parking demands. Assuming
that each instructor and student arrives in a separate vehicle, the proposed
use could potentially generate a demand for 22 parking spaces. In addition,
class times are spaced between 15 -minute gaps to limit the demand for
parking spaces during the dance school's operating hours. Under a worst-
case scenario, the existing fitness facility could generate a peak demand of
28 parking spaces and the proposed dance studio could potentially
generate a peak demand of 42 parking spaces during the brief period of
transition between outgoing and incoming students. Assuming all other
businesses are experiencing peak operations, the shopping center's peak
parking demand could reach 196 spaces. Since 211 parking spaces are
available, there would still be a surplus of 15 spaces under this scenario.
As such, the operational characteristics and parking demands anticipated
to be associated with the Proposed Use 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 shopping center that currently
has similar uses, such as a crossfit fitness center.
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
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Planning Commission Resolution No. 2016-01
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existing shopping 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 a// 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.
CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2015-395 subject to the following
conditions:
This approval is for the establishment and continued operation of a dance
school as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit
No. PL2015 395 dated December 8, 2015, 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 303 S. Diamond Bar
Blvd., #H, 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.
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Planning Commission Resolution No. 2016-01
4. 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.
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 td -the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified 'mail
to the property owner, Phoenix Gluck LP, 3191D Airport Loop Dr.,
Costa Mesa, CA 92626; and applicants, Yulia Kushnirenko and
Denis Podolskiy, 13115 Le Parc 27, Chino Hills, CA 91709.
APPROVED AND ADOPTED THIS 12th DAY OF JANUARY, 2016, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
e nVifer 4Mhlk , Vice Chairperson
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introducbd, passed, and adopted, at a regular meeting of the
Planning Commission held on the 12th day of January, 2016, by the following vote:
AYES: Commissioners: Farago, Nishirmura, Wolfe, V/C Mahlke
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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CUP PL2015-395
PROJECT #: Conditional Use Permit No. PL2015-395
SUBJECT: To operate a 1,980 square -foot dance studio within a 36,398
square -foot multi -tenant shopping center.
PROPERTY Phoenix Gluck LP, 3191 D Airport Loop Dr., Costa Mesa, CA
OWNER(S): 92626
APPLICANTS: Yulia Kushnirenko and Denis Podolskiy, 13115 Le Parc 27,
Chino Hills, CA 91709
LOCATION: 303 S. Diamond Bar Blvd., #H, 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
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 2015-395 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
the City defendants. The City shall promptly notify the applicant
Planning Commission Resolution No. 2016-01
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 2015-395 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
by the City. School fees.as required shall be paid prior to the issuance
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Planning Commission Resolution No. 2016-01
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. PL2015-395 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 22.60.050(c) for Planning Commission approval.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
•Z
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.
3. The occupant load shall be determined by the Building Official prior to
occupancy, and shall be conspicuously posted within the premises and
as directed by the Building Official.
1. 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).
2. "Separate permit shall be required for all wall signs" and shall be noted
on plans.
3. Number of plumbing fixtures shall be in compliance with CPC T-422.1
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Planning Commission Resolution No. 2016-01
4. Upgrades for ADA accessible features shall be provided retroactively for
the site and area of remodel access.
1. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8. The contractor shall complete all required forms and pay
applicable deposits prior to permit.
2. South Coast Air Quality Management District notification is required at
least 10 days prior to any demolition. Proof of notification is required at
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.
4. Fire Department approval is required for any relocation of fire sprinklers
(if applicable).
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION:
1. 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.
2. 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.
3. The project shall be protected by a construction fence to the satisfaction
of the Building Official. All fencing shall be view obstructing with opaque
surfaces.
4. 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.
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Planning Commission Resolution No. 2016-01
5. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
6. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
7. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
8. All plumbing fixtures including existing areas shall have low flow type
fixtures installed consistent with California Civil Code Section 110 1. 1 to
1101.8.
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Planning Commission Resolution No. 2016-01