HomeMy WebLinkAboutPC 2016-06FN **Q W -H 10101 Z111
PARKING PERtHIT TO KELJ][UE_TW0.,]1111f
FOR THE PROPOSED SCHOOL LOCATED AT 2040 BREA CANYON ROAD,
UNIT 100DIAMOND BAR, CA (APN 8766-001-007).
A. ' R-ECITALS
Property owner, Plaza Diamond Bar Partners Holding LLC, and applicant, Nobel
University, have filed an application for Conditional Use Permit and Parking
Permit No. PL 2015-427 to operate a post -secondary school within a 6,352
square -foot space located within an existing commercial center and to reduce the
required number of parking spaces for the proposed school. The project site is
-more specifically described as 2040 Brea Canyon Road, Unit 100, 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 located in the Community Commercial (C-2) 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 8765-001-007.
4. On January 29, 2016, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. On January 27, 2016, public hearing notices were mailed to
property owners within a 700 -foot radius of the Project site and posted at the
City's three designated community posting sites.
5. On February 9, 2016, the Planning Commission meeting was cancelled due to
an error in the public hearing notice.
6. - On February 12, 2016, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. On February 10, 2016, public hearing notices were mailed to
property owners within a 700 -foot radius of the Project site and posted at the
City's three designated community posting sites.
7. On February 23, 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.
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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 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, a school is permitted in the C-
2 zoning district with approval of a conditional use permit. Through compliance
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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
school complies with Strategy 1.3.3. because the proposed 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 an existing building in an existing commercial
center. Other uses occupying the building include tutoring centers, medical and
professional office uses. 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' the applicant submitted a parking study
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PC Resolution No. 2016-06
from a licensed engineer, to provide a parking demand analysis based on ITE
Trip Generation Rates (9th Edition). The parking analysis indicates that the
forecasted parking demand of 222 parking spaces is lower than the 307 parking
spaces required by the Development Code. Additionally, the proposed school
will not increase any square footage to the existing building. The existing
businesses located in the building include restaurants, tutoring and art schools,
medical and healthcare offices, and retail businesses. Given the proposed hours
of operation, the overall parking demands, and the types of adjoining uses, it Is
reasonable to conclude that the school will be compatible with the other uses in
the building.
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 Proposed Use is physically suitable within the subject site because it will be
located within an existing building 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.
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 Buildingand 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.
Parking Permit Findings �DBMC�Secf�IW22�36.MO
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; and
The existing gross floor area of the shopping center is 48,814 square feet,
therefore, requires 163 parking spaces. The existing Chuck E. Cheese's requires
57 parking spaces. The various tutoring centers and art school require 53 parking
spaces. The proposed post -secondary school requires 34 parking spaces. A
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PC Resolution No. 2016-06
total of 307 parking spaces are required to be provided. There are 274 existing
parking spaces, resulting in a technical deficit of 33 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
nging froffi restaurants, offices, personal services,
and retail uses. The different uses result in -a range of peak business hours and
parking demands. Based on a supplemental parking study, the traffic engineer
estimates there would "be a demand ;for 222 parking spaces if al/ businesses
experienced park -hour demand simul6neously. Additionally, there are mitigating
measures that would lessen the parkir� demand impact for the proposed school,
such as:
Approximately 40 parking spabes along the east property line that are
underutilized throughout the day and have the most direct pedestrian path
to the proposed school, I
Proposed school has one class session at a time during the day with a
maximum of 15 students and two employees at the location at any one
time;
Start times are broken up into 30 minutes intervals, therefore, the overlap
of students driving to classes and leaving classes at the same time is
avoided, and
There are no classes between 2:00 pm and 6:30 pm.
Due to this, it is reasonable to anticipate that the existing parking supply is
adequate to serve the overall parking .demands of Plaza Diamond Bar.
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit and Parking Permit No. PL2015-427 subject
to the following conditions:
1 The establishment is approved as a post -secondary school. as described in the
application on file with the Planning;; Division, .the Planning Commission staff
report for Conditional Use Permit and Parking Permit No. PL2015-427 dated,
February 23, 2016, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the ""Use". The Use shall be limited to a post -secondary
school.
2. The Use shall substantially c.onform":to the approved plans as submitted and
approved by the Planning Commi6sion and on file with the Community
Development Department.
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PC Resolution No. 2016-06
3. This Conditional Use Permit shall be valid only for 2040 Brea Canyon Road,
Unit 100, 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.
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, Plaza Diamond Bar Partners Holding LLC,
3029 Wilshire Blvd. #202, Santa Monica, CA 90403 and applicant, Nobel
University, 505 Shatto Place, #300, Los Angeles, CA 90020.
APPROVED AND ADOPTED THIS 23rd DAY OF FEBRUARY 2016, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ifeWaCe, V
ice-Chairperson
1, 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 23rd day of February, 2016, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Farago, Wolfe, VC/Mahlke
None
Nishimura
None
Greg Gubman, Secretary
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CUP 2015-427
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PROJECT #: Conditional Use Permit and Parking Permit No. PL2016-427
SUBJECT: To allow a post -secondary school within a 6,352 square -foot space
located within an existing commercial center
PROPERTY
OWNER(S): Plaza Diamond Bar Partners Holding LLC
3029 Wilshire Blvd. #202
Santa Monica, CA 90403
APPLICANT: Nobel University
505 Shafto Place, #300
Los Angeles, CA 90026
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. PL2015-427 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.
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PC Resolution No. 2016-06
(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. PL 2015-427 at the City 'of
Diamond Bar Community Develbpment 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 no*n,-complian.cb
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 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.
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PC Resolution No. 2016-06
C. TIME LIMITS
1. The approval of Conditional Use Permit and Parking Permit No. PL2015-427
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:
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. References to older codes shall be updated to the
current applicable code.
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 use shall be for adults for higher education and not children.
li". — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL:
LPLAN CHECK
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 and monument signs" and shall be
noted on plans.
3. An exit analysis shall be provided during plan check, showing occupant load for
each space, exit width, exit signs, etc.
4. Number of plumbing fixtures shall be in compliance with CPC T-4-1. A plumbing
fixture count shall be provided for approval in plan check.
5. 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
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PC Resolution No. 2016-06
C.
A
6.
7.
8.
e. Each group occupancy
f. Property line location in relation to each building (side yard)
9- 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
Plans shall reflect adequate exit requirements. The distance between required
exits shall be 1/2 of the overall building diagonal dimension.
Site plan references to replacing fire burned -out building and a new building shall
be removed from plans.
Upgrades for current ADA access shall be shown on plans per CBC 11 B-202.
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. AQMD 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.
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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PC Resolution No. 2016-06
5. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
6. 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.di-galert.
7. Any changes or deviation from approved -plans during the course of construction
shall be approved by the City prior to proceeding with any work.
8. All glazing in hazardous locations shall be labeled as safety glass. The labeling
shall be visible for inspection.
9. All plumbing fixtures including existing areas shall have low flow type fixtures
installed consistent with California Civil Code Section 1101.1 to 1101.8.
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