HomeMy WebLinkAboutPC 2016-20PLANNING COMMISSION
RESOLUTION NO. 2016-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2015-226, TO OPERATE A 2,325 SQUARE -FOOT MARTIAL ARTS
STUDIO WITHIN A 20,528 SQUARE -FOOT MULTI -TENANT SHOPPING
CENTER LOCATED AT 23545 PALOMINO DRIVE, SUITE D, DIAMOND BAR,
CA (APN 8281-024-053).
A. RECITALS
1. Property owner, the Abbey Company, and applicants, Mohamad and
Amanda Jahanvash, have filed an application for Conditional Use Permit
No. PL 2015-226 to operate a 2,325 square -foot martial arts studio located
within an existing shopping center. The project site is more specifically
described as 23545 Palomino Drive, Suite D, 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 one parcel measuring approximately
3.32 gross acres. It is located in the Community Commercial (C-2) 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 8281-024-053.
4. On July 15, 2016, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Dail
Bulletin newspapers. On July 15, 2016, 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 July 26, 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.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows'.
C.
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.
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 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
that the proposed martial arts studio 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 restaurants, postal service, daycare center, and other retail and personal
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Planning Commission Resolution No. PL2016-20
service uses. The existing gross floor area of the shopping center requires
43 parking spaces, the existing daycare center requires 24 parking spaces,
and the proposed martial arts studio requires 20 parking spaces based on
Development Code requirements. There are 114 off-street parking spaces
located at the existing project site, which will thus exceed the requirement
by providing a technical surplus of 27 parking spaces. The varying uses
result in a range of peak business hours and parking demands. In addition,
class times are spaced between 15 -minute gaps to limit the demand for
parking spaces during the studio's operating hours. 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 daycare, retail and personal service uses.
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 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.
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.
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Planning Commission Resolution No. PL2016-20
A
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2015-226 subject to the following
conditions:
This approval is for the establishment and continued operation of 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. PL2015-226 dated July 26, 2016, 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 23545 Palomino Drive,
Suite D, 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 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 to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, The Abbey Company, 2910 E. Inland Empire
Boulevard, Suite 112, Ontario, CA 91764; and applicants, Mohamad
and Amanda Jahanvash, Red Dragon Karate, 23545 Palomino
Drive, Suite D, Diamond Bar, CA 91765.
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Planning Commission Resolution No. PL2016-20
APPROVED AND ADOPTED THIS 26TH DAY OF JULY, 2016, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Raymond Wolfe, Vice 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 26th day of July, 2016, by the following vote:
AYES: Commissioners: Barlas, Farago, VC/Wolfe
NOES: Commissioners: None
ABSENT: Commissioners: Mok, Chair/Mahlke
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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CUP PL2015-226
......... —
PROJECT #: Conditional Use Permit No. PL2015-226
SUBJECT: To operate a 2,325 square -foot martial arts studio within a
20,669 square -foot multi -tenant shopping center
PROPERTY The Abbey Company, 2910 E. Inland Empire Boulevard,
OWNER(S): Suite 112, Ontario, CA 91764
APPLICANTS: Mohamad and Amanda Jahanvash, Red Dragon Karate,
23545 Palomino Drive, Suite D, Diamond Bar, CA 91765
LOCATION: 23545 Palomino Drive, Suite D, 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:
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 2015-226 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
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Planning Commission Resolution No. PL2016-20
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 2015-226 at
the City of Diamond Bar *Cbmmunity 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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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. PL2015-226 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 Permits for the revised as -built partitions shall be approved during
building plan check.
2. The as -built partitions and other related unpermitted work shall be
subject to after -the -fact inspections at the building inspector's discretion
and extent necessary to observe all parts of work that was installed.
3. The width of the hall at the new partition wall shall be maintained at 48"
clear width with no doors swinging into the hall.
4. This permit shall not be in effect until all building permits have been
finalized and completed to the satisfaction of the Building Inspector.
74M
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Planning Commission Resolution No. PL2016-20