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HomeMy WebLinkAboutPC 2002-45PLANNING COMMISSION RESOLUTION NO. 2002-45 A RESOLUTION OF THE PLANNING COMMISSION OF THFE'� Or DIAMOND BAR APPROVING CONDITIONA=L USE PrIHMIT NO. 2002-12 AND CATEGORICAL EXEMPTION, TO INSTALL A WOMEN'S EXERCISE FACILITY IN AN EXISTING SHOPPING AND PROFESSIONAL CENTER IDENTIFIED AS DIAMOND BAR VILLAGE. THE PROJECT SITE IS LOCATED AT 367 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. REC_ ITALS The property owner, DBV Star, LLC and applicant, Geraldine Conley have filed an application for Conditional Use Permit No. 2002-12 and catego ical exemption for a property located at 367 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be refe red to as the "Application". 2• On October 28, 2002, public hearing notices were mailed to approximately 233 property owners of record within a 700 -foot radius of the project. On October 31, 2002, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on November 1, 2002, notification of the public hearing for this project was provided in the San Gabriel Valle Tribune and Inland Vall?y Daily Bulletin newspapers. 3. On November 12, 2002, the Planning Commission of the City of Diam nd Bar conducted and concluded a duly noticed public hearing on t e Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planni Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts s forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identifiE above in this Resolution is categorically exempt from the requirements of tv California Environmental Quality Act (CEQA) of 1970, as amended, and tl guidelines promulgated thereunder, pursuant ,Section 15303 (c) of Article 1 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping and professional center approximately nine acres identified as Diamond Bar Village. It is located at the northwest corner of Diamond Bar Boulevard and Golden Springs Drive at 367 Diamond Bar Boulevard. (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Neighborhood Business (Community Commercial/C-2) Zone. (d) Generally, the following zones and use surround the project site: To the north is the Regional Commercial (C-3) Zone; to the south is the Multiple Residence (R-3-1 U) Zone and Lorbeer Junior High School; to the east is the C-2 Zone; and to the west is the Single -Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. (e) The application request is to install an exercise facility for women identified as "Curves" within Diamond Bar Village Shopping and Professional Center. The applicant proposes to lease a 1,425 square foot unit. The unit will consist of an exercise area of approximately 1,300 square feet. The remaining 125 square feet is devoted to a restroom and one dressing room. The exterior of the unit will not be altered in any way. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before 2 being proposed for a particular location. The proposed "Cu s'; a exercise facility for women, is permitted in C-2 Zone With a Conditional Use Permit and as conditioned herein will comply Kith all other applicable provisions of the Development Code an the Municipal Code. (g) The proposed use is consistent with the General Plan anany applicable specific plan; II The project site has a General Plan land use designation of Ge eras Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed "Curves" is considered retail sales which is consistent with the General Plan land use designation for the prject site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristicsof the proposed use are compatible with the existing and future land us s in the vicinity; The project site is approximately nine acres and developed wit an existing shopping and professional center with landscaping and approximately 397 parking stalls. The proposed project will occ py an existing vacant unit No additional square footage will be adde to the project unit and the shopping center will not change physical in any way. Parking is based on use and square footage. he Proposed use will require 10 parking spaces. The shopping and Professional center has a reciprocal parking and access agreem The existing uses, vacancies and the proposed project with t nt. eir hours of operation and peak hours of operation have ben considered. The City believed that adequate parking exists on sit accommodate the proposed use, existing uses and vacancies wt to leased. Therefore, the design, location, size and operat characteristics of the proposed use are en n compatible with the existh and future land uses in the vicinity. g (i) The subject site is physically suitable for the type and density/inten, of use being proposed including access, provision of utiliti compatibility with adjoining land uses and the absence of physi constraints; The proposed project, as referenced above in items (f) and (h) me the required development standards for C-2 zone with a Conditio, Use Permit and as conditioned in this resolution will be compati, with existing and future land uses. Provisions for utilities exist at i ' project site. Access to the shopping and professional center existing and the proposed use does not require access modificatic As a result, the subject site is physically suitable for the type a, 3 density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (j) 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; As referenced above in items (f) through (j), the proposed project as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated November 12, 2002, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 4 (c) Property owner/applicant shall remove the public hearing notice boarc within three days of this project's approval. (d) Hours of operation shall be Monday through Friday for 7:00 am. to 12 noon and 3:00 p.m. to 8:00 p.m., Saturday from 7:00 a.m. to 12 noon and closed on Sunday. If the applicant desires to modify the hours of operation, the modified hours of operation shall be prey anted to the Planning staff for review and approval. (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period 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 (f) Prior to final inspection, applicant/property owner shall istall appropriate handicapped signs at entries. (g) Prior to issuance of any City permits, applicant/property owner hall submit a revised site plan delineating (striping) the path of travel rom parking lot to building and path of travel from the curb to buildin 3 for the City's review and approval. Path of travel shall not exceed two percent cross slope. (h) Plans shall conform to State and Local Building Codes (i.e.,002 editions of the CAL. Building Code, Plumbing Code, Mecha ical Code, and National Electrical Code) as well as the State Energy Code. (i) Prior to issuance of any City permits, the applicant shall submit pans to the Los Angeles County Fire Department for review and aoor val (j} Floor shall be designed for special loads per Table 23-A of the 2b01 California Building Code. II (k) Changing rooms shall be handicapped equipped and access (I) This grant is specifically for a women's fitness center identifie as "Curves". In the future, if a use that is more intense and requires a Conditional Use Permit leases the "Curves" unit, a new Conditi nal Use Permit shall be submitted to the Planning Commission for rev ew and approval. (m) This grant shall not be effective for any purpose until the permittee ' and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all he 5 conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: DBV Star, LLC, 11747 Valley, EI Monte, CA 91732 and Geraldine Conley, 15189 Palisade Street, Chino Hills, CA 91709 APPROVED AND ADOPTED THIS 12TH OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ru 'cka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of November 2002, by the following vote: AYES: Nelson, V/C Tye, Nolan, Tanaka, C/Ruzicka NOES: None ABSENT: None ABSTAIN: i None,') ATTEST: ames DeSte ano, Secretary 1.1 PLANNING COMMISSION RESOLUTION NO. 2002- A RESOLUTION OF THE PLANNING COMMISSION OFTHF y.i'I-YOF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT N0.2002-12 AND CATEGORICAL EXEMPTION, TO INSTALL A WOMEN'S EXERCISE FACILITY IN AN EXISTING SHOPPING AND PROFESSIONAL CENTER IDENTIFIED AS DIAMOND BAR VILLAGE. THE PROJECT SITE IS LOCATED AT 367 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, DBV Star, LLC and applicant, Geraldine Conley ave tiled an application for Conditional Use Permit No. 2002-12 and catego ica exemption for a property located at 367 Diamond Bar Boulevard, Diam nd Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be refe red to as the "Application". 2. On October 28, 2002, public hearing notices were mailed to approxima ely 233 property owners of record within a 700 -foot radius of the project. On October 31, 2002, the project site was posted with a display board and he public notice was posted in three public places. Furthermore, on November 1 2002, notification of the public hearing for this project as provided in the San Gabriel Valley Tribune and Inland Valle Daily Bull tin newspapers. 3. On November 12, 2002, the Planning Commission of the City of Dian Bar conducted and concluded a duly noticed public hearing on Application. B. RESOON NOW, THEREFORE, it is found determined and resolved by the Planni Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts s forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identifie above in this Resolution is categorically exempt from the requirements of th California Environmental Quality Act (CEQA) of 1970, as amended, and ti guidelines promulgated thereunder, pursuant Section 15303 (c) of Article 1 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping and professional center approximately nine acres identified as Diamond Bar Village. It is located at the northwest corner of Diamond Bar Boulevard and Golden Springs Drive at 367 Diamond Bar Boulevard. (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Neighborhood Business (Community Commercial/C-2) Zone. (d) Generally, the following zones and use surround the project site: To the north is the Regional Commercial (C-3) Zone; to the south is the multiple Residence (R-3-1 U) Zone and Lorbeer Junior High School; to the east is the C-2 Zone; and to the west is the Single - Family Residence -Minimum Lot Size 8,000 Square Feet (R -1- (e) The application request is to install an exercise facility for women identified as "Curves" within Diamond Bar Village Shopping and Professional Center. The applicant proposes to lease a 1,425 square foot unit. The unit will consist of an exercise area of approximately 1,300 square feet. The remaining 125 square feet is devoted to a restroom and one dressing room. The exterior of the unit will not be altered in any way. Conditional Use Permit (f) 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 the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before 2 being proposed for a particular location. The Proposed "Cu V s;- a exercise facility for women, is permitted in C-2 Zone With a Conditional Use Permit and as conditioned herein will comply Kith all other applicable provisions of the Development Code an the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Ge,era, Commercial (C) which provides for the establishment of regional, freeway -oriented, andlor community retail and service comm rciai uses. The proposed "Curves" is considered retail sates whi h is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land us sin the vicinity; The project site is approximately nine acres and developed wit an existing shopping and professional center with landscaping nd approximately 397 parking stalls. The proposed project will occ py an existing vacant unit. No additional square footage will be adde to the project unit and the shopping center will not change physical in any way. Parking is based on use and square footage. he proposed use will require 10 parking spaces. The shopping and professional center has a reciprocal parking and access agreem nt. The existing uses, vacancies and the proposed project with their hours of operation and peak hours of operation have been considered. The City believed that adequate parking exists on sit to accommodate the proposed use, existing uses and vacancies when leased. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existmg and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intens ty of use being proposed including access, provision of utiliti s, compatibility with adjoining land uses and the absence of physi I constraints; The proposed project, as referenced above in Items (f) and (h) me the required development standards for C-2 zone with a Conditio, Use Permit and as conditioned in this resolution will be compati- with existing and future land uses. Provisions for utilities exist at i project site. Access to the shopping and professional center existing and the proposed use does not require access modificatic As a result, the subject site is K3 densitylin tensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (j) 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; As referenced above in Items (f) through a), the proposed project as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, 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. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated November 12, 2002, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. E (c) Property owner/applicant shall remove the public hearing notice boarc within three days of this project's approval. (d) Hours of operation shall be Monday through Friday for 7:00 a m. to 12 noon and 3:00 p.m. to 8:00 p.m., Saturday from 7:00 a.m. to 12 noon and closed on Sunday. If the applicant desires to modify the hours of operation, the modified hours of operation shall be pres nted to the Planning staff for review and approval. (e) To ensure compliance with all conditions of approval and appli able codes, the Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Pla ning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit (f) Prior to final inspection, applicant/property owner shall appropriate handicapped signs at entries. (g) Prior to issuance of any City permits, applicant/property owner hall submit a revised site plan delineating (striping) the path of travel from parking lot to building and path of travel from the curb to building for the City's review and approval. Path of travel shall not exceed two percent cross slope. (h) Plans shall conform to State and Local Building Codes (i.e., 002 editions of the CAL. Building Code, Plumbing Code, Mecha ical Code, and National Electrical Code) as well as the State En rgy Code. (i) Prior to issuance of any City permits, the applicant shall submit to the Los Angeles County Fire Department for review and app (j) Floor shall be designed for special loads per Table 23-A of the California Building Code. (k) Changing rooms shall be handicapped equipped and accessible. (1) This grant is specifically for a women's fitness center identified as "Curves". In the future, if a use that is more intense and requires a Conditional Use Permit leases the "Curves" unit, a new Conditi nal Use Permit shall be submitted to the Planning Commission for rev ew and approval. (m) This grant shall not be effective for any purpose until the permit ee and owner of the property involved (if other than the permittee) h ve filed, within fifteen (15) days of approval of this grant, at the Cit of Diamond Bar Community and Development Services Departm nt, their affidavit stating that they are aware of and agree to accept all he 5 conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines 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: DBV Star, LLC, 11747 Valley, EI Monte, CA 91732 and Geraldine Conley, 15189 Palisade Street, Chino Hills, CA 91709 APPROVED AND ADOPTED THIS 12TH OF NOVEMBER 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: -7* Joe c I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of November 2002, by the following vote: AYES: Nelson, V/C Tye, Nolan, Tanaka, C/Ruzicka NOES: None ABSENT: None ABSTAIN: None') ATTEST: James DeSte ano, Secretary C