Loading...
HomeMy WebLinkAboutPC 2003-27PLANNING COMMISSION RESOLUTION NO. 2003-27 A RESOLUTION OF THE DIAMOND BAR PLANNINGOMMIS ION APPROVING CONDITIONAL USE PERMIT NO. 2003-12 AND C TECO CAL EXEMPTION, TO OPERATE A WOMEN'S EXERCISE FACILITY 1N AN EXIS ING SHOPPING CENTER. THE PROJECT ADDRESS IS 968 Df MOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA A. RECITALS The property owner, Beal Bank and applicant, Suzette Douglas, have filed an application for Conditional Use Permit No. 2003-04 anJ categorical exemption for a property located at 968 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption sh II be refrred to as the "Application." 2. On July 22, 2003, 143 property owners within the project site's 700 feet radius were notified by mail and three other public places were posted within the application's vicinity. On July 29, 2003, this project's public hearing notification was provided in the San Gabriel yalley Tribune and Inland Valley Daily Bulletin newspapers and posted at the site on a public haring display board. 3. On August 12, 2003, the Planning Commission of the City ofiamond Bar conducted and concluded a duly noticed public hearing on th Applica on. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by t e Plan Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of he facts forth in the Recitals, Part A, of this Resolution are true and co ect. 2. The Planning Commission hereby determines that the project identi ed above in this Resolution is categorically exempt from the requirements of he California Environmental Quality Act (CEQA) of 1970, as amended, and 1 he guidelines promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and detei mines that, having considered the record as a whole including the findin s set fo 1h below, and changes and alterations which have been incorpora ed into aid conditioned upon the proposed project set forth in the applicatio , there isno 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 address is 968 Diamond Bar Boulevard, a suite in the Oak Tree Plaza center at the northeast corner of Diamond Bar Boulevard and Highland Valley Road. The center is on two parcels of approximately 5.25 acres. The center consists of two buildings, the bowling center and the adjacent strip center. The shops' portion of the center was destroyed by fire in 2002 and re-established as it existed prior to the fire. (b) The General Plan land use designation is Commercial/Office (CO) and the Zoning designation is Commercial Manufacturing (C -M), which equates to Commercial Office (CO) Zone standards. (c) The following zones and use surround the project site: to the north is the Multiple Residence -Minimum Lot Size 8,000 Square Feet -25 Units per Acre (R -3-8,000-25U) zone; to the south is the C -M zone; to the east is the Multiple Residence -Development Plan (R -2 -DP) zone; and to the west is the Pomona (SR -60) Freeway. (d) The application request is to operate a women's exercise facility identified as Contours Express in an existing shopping center. The applicant proposes to lease a 1,600 square foot suite. The suite will consist of an exercise area, office, two dressing rooms, and a restroom. The suite's exterior will not be altered. CONDITIONAL USE PERMIT (e) 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 proposed Contours Express, a women's exercise facility, is permitted in the CO Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. As conditioned, the proposed use complies with all other applicable provisions of the Development Code and Municipal Code. E (f) The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is Commerc alloffice (CO) This land use designation provides for diverse Mixed uses of commercial retail, office, and service properties. his Proposed project is consistent with the General Plan. (g) The design, location, size and operation char actristics o the proposed use are compatible with the existing and futu a land us in the vicinity. sle The project site is approximately 5.25 acres and developed with an existing shopping center with landscaping and appy ximately 360 parking stalls. The proposed project will occupy an existing vacant suite. No additional square footage will be added to th project cite and the shopping center will not change physically in any 1vay. Parking is based on use and square footage. The pro osed us will require a total of 11 parking spaces, five more than a re tail use. The existing uses, vacancies and the proposed project with t eiroper ting hours and peak operating hours have been consider d. The City believes adequate parking exists on site to accof 7modate the ' proposed use, existing uses and vacancies when lease 1. There re, the design, location, size and operation characte tics of the proposed use are compatible with the existing and futur land usIS in the vicinity. (h) The subject site is physically suitable for the type and der s4/inten sity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absencE of Phys cal constraints. The proposed project meets the required development CO zone with a Conditional Use Permit approval and a in this resolution will be compatible with existing and fun Provisions for utilities exist at the project site. Shopping, center exists and is adequate. The subject site is phys, for the type and densitylintensity of use being propos access, provision of utilities, compatibility with adjoining 1 the absence of physical constraints (i) Granting the Conditional Use Permit will not be dem public interest, health, safety, convenience, or welfare, ' persons, property, or improvements in the vicinity and in which the property is located; 3 land uses ntal to t njurious ling distr As conditioned, the project meets the City's minimum development standards. 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. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303(c). 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 August 12, 2003, as submitted and amended herein. (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. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Operating hours shall be: Monday through Friday, 6:00 a.m. to 1:00 P.M. and 3:00 p.m. to 5:00 p.m.; Saturday, 9:00 a.m. to 1:00 p.m.; and closed on Sunday. If the applicant desires to modify the hours of operation, the modified hours of operation shall be presented 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 periodical review. If non-compliance with conditions of approval occurs, the 4 1 1 Planning Commission may review the Conditional U�e Permi The Commission may revoke or modify the Conditionale Perm . (f) Prior to final inspection, applicant/property ownr shall install appropriate handicapped signs at entries. (g) Prior to issuance of any City permits, applicant/prop rty owner shall submit a revised site plan delineating (striping) the pa h of travel from parking lot to building and path of travel from the cur to building for the City's review and approval. Path of travel shall n t exceed a two percent cross slope. (h) Pians shall conform to State and Local Building Codes (i.e., 2001 editions of the California Building Code, Plumbing Code, Mechanical Code, and National Electrical Code). (i) Prior to issuance of any City permits, the applicant sh ll submit plans to the Los Angeles County Fire Department for reviev4 and app oval. (j) Floor shall be designed for special loads per Table 2I - I A of the California Building Code. (k) Changing rooms shall be handicapped equipped and (1) This grant is specifically for a women's fitness center identifi Contours Express. In the future, if a use that is more intens requires a Conditional Use Permit leases the Contours Express a new Conditional Use Permit shall be submitted to the Pla Commission for review and approval. (m) This grant shall not be effective for any purpose until Ithe herr and owner of the property involved (if other than the filed, within fifteen (15) days of approval of this gray Diamond Bar Community and Development Servic their affidavit stating that they are aware of and agree conditions of this grant. Further, this grant shall not t the permittee pays remaining City processing fees, : fees for the review of submitted reports. (n) If the Department of Fish and Game determines that F Code Section 711.4 applies to the approval of this pr( applicant shall remit to the City, within five days c approval, a cashier's check of $25.00 for a documentar in connection with Fish and Game Code requirements. F this project is not exempt from a filing fee imposed project has more than a deminimis impact on fish an applicant shall also pay to the Department of Fish ar such fee and any fine which the Department determine 5 rmittee) at the C Departi accept, h and C act, the this gi handlin Because wildlife, Game to be ov 7 as and uite, ping ittee lave ty of lent, 'i the until and ime the int's fee 'e, if the the 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: Beal Bank, 6000 Legacy Drive, Plano, TX 75024 and Suzette Douglas, 4195 Chino Hills Parkway, #258, Chino Hills, CA 91709 APPROVED AND ADOPTED THIS 12TH OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. ,--i,f BY: qvA eve Tye, C airman 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 August 2003, by the following vote: AYES: Commissioners: Nelson, Tanaka, Ruzicka, VIC Nolan, Chair Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: val(a:e mes DeS fano, Secretary C-9 PLANNING COMMISSION RESOLUTION NO. 2003-27 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2003-12 AND CATEGORICAL EXEMPTION, TO OPERATEAWOMEN'S EXERCISE FACILITY INAN EXISTING SHOPPING CENTER. THE PROJECT ADDRESS IS 968 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA A. RECITALS The property owner, Beal Bank and applicant, Suzefte Douglas, have filed an application for Conditional Use Permit No. 2003-04 ani categorical exemption for a property located at 968 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On July 22, 2003, 143 property owners within the project Site's 700 feet radius were notified by mail and three other public places were posted within the application's vicinity. On July 29, 2003, this project's public hearing notification was provided in the San Gabriel Valley Tribune and Inland V Illey DailV Bulletin newspapers and posted at the site on a public hearing disDlay board. On August 12, 2003, the Planning Commission of the City of iamond Bar conducted and concluded a duly noticed public hearing on th—Apii B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by t e Plan Commission of the City of Diamond Bar as follows: 1 This Planning Commission hereby specifically finds that all of the facts sel forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and fie guidelines promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and deter mines ff having considered the record as a whole including the findin )s set fc below, and changes and alterations which have been incorpora wed into E conditioned upon the proposed project set forth in the applicatior , there is 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 address is 968 Diamond Bar Boulevard, a suite in the Oak Tree Plaza center at the northeast corner of Diamond Bar Boulevard and Highland Valley Road. The center is on two parcels of approximately 5.25 acres. The center consists of two buildings, the bowling center and the adjacent strip center. The shops' portion of the center was destroyed by fire in 2002 and re-established as it existed prior to the fire. (b) The General Plan land use designation is Commercial/Office (CO) and the Zoning designation is Commercial Manufacturing (C-M), which equates to Commercial Office (CO) Zone standards. (c) The following zones and use surround the project site: to the north is the Multiple Residence-Minimum Lot Size 8,000 Square Feet-25 Units per Acre (R-3-8,000-25U) zone; to the south is the C-M zone; to the east is the Multiple Residence -Development Plan (R-2-DP) zone; and to the west is the Pomona (SR-60) Freeway. (d) The application request is to operate a women's exercise facility identified as Contours Express in an existing shopping center. The applicant proposes to lease a 1,600 square foot suite. The suite will consist of an exercise area, office, two dressing rooms, and a restroom. The suite's exterior will not be altered. CONDITIONAL USE PERMIT (e) 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 proposed Contours Express, a women's exercise facility, is permitted in the CO Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed for a particular location. As conditioned, the proposed use complies with ail other applicable provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is Commerc allOffice (CO) This land use designation provides for diverse mixed usi3s of commercial retail, office, and service properties. This proposed project is consistent with the General Plan. (g) The design, location, size and operation charact ristics 0 the proposed use are compatible with the existing and futu e land u s in I the vicinity. The project site is approximately 5.25 acres and developed with an existing shopping center with landscaping and approximately 360 parkingstalls. The proposed project will occupy an existing vacant suite. No additional square footage will be added to the projectsuite and the shopping center will not change physically in any Ivay. Parking is based on use and square footage. Theproposedusewill require a total of 11 parking spaces, five more than a n tail use. The existing uses, vacancies and the proposedproject with I 7eiropetating hours and peak operating hours have been considemd. The City believes adequate parking exists on site to accor 7modate the proposed use, existing uses and vacancies when lease 1. Thereft)re, the design, location, size and operation character stics of the proposed use are compatible with the existing and fut IandusIsin the vicinity. (h) The subject site is physically suitable for the type and der si4 of use being proposed including access, provision of compatibility with adjoining land uses and the absencE of constraints. The proposed project meets the required development CO zone with a Conditional Use Permit approval and a in this resolution will be compatible with existing and futi Provisions for utilities exist at the project site. Shopping i center exists and is adequate. The subject site is phy& for the type and densitylintensity of use being propo., access, provision of utilities, compatibility with adjoining I the absence of physical constraints Granting the Conditional Use Permit will not be detr public interest, health, safety, convenience, or welfare, persons, property, or improvements in the vicinity and in which the property is located; land uses to 3 As conditioned, the project meets the City's minimum development standards. 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEGA), Section 15303(c). 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 August 12, 2003, as submitted and amended herein. (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. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Operating hours shall be: Monday through Friday, 6:00 a.m. to 1:00 p.m. and 3:00 p.m. to 8:00 p.m.; Saturday, 9:00 a.m. to 1:00 p.m.; and closed on Sunday. If the applicant desires to modify the hours of operation, the modified hours of operation shall be presented 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 periodical review. If non-compliance with conditions of approval occurs, the 4 Planning Commission may review the Conditional 11i Permit. The Commission may revoke or modify the Conditional Use Permit. (f) Prior to final inspection, applicant/property ownor shall install appropriate handicapped signs at entries. (g) Prior to issuance of any City permits, applicant/propE rty owner shall submit a revised site plan delineating (striping) the pa h of t v I from Ir parking lot to building and path of travel from the cur to building for the City's review and approval. Path of travel shall n t exceed a two percent cross slope. (h) Plans shall conform to State and Local Building Codes (i.e., 2001 editions of the California Building Code, Plumbing Code, Mechanica Code, and National Electrical Code). W Prior to issuance of any City permits, the applicant shall submit plans to the Los Angeles County Fire Department for revie" and aDoroval. Floor shall be designed for special loads per Table 2 A of the California Building Code. I - (k) Changing rooms shall be handicapped equipped and accessibe. (1) This grant is specifically for a women's fitness center identified as Contours Express. In the future, if a use that is more intense and requires a Conditional Use Permit leases the Contours Express suite, a new Conditional Use Permit shall be submitted to the Planning Commission for review 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) lave filed, within fifteen (15) days of approval of this grant, at the C ty of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree toacceptallthe conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, sc ool fees and fees for the review of submitted reports. r (n) If the Department of Fish and Game determines that A 5h and G ame Code Section 711.4 applies to the approval of this project, ther 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 an— ildlife th applicant shall also pay to the Department of Fish z %(d Game wl "T aney such fee and any fine which the Department determine to be oled. 5 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: Beal Bank, 6000 Legacy Drive, Piano, TX 75024 and Suzette Douglas, 4195 Chino Hills Parkway, #258, Chino Hills, CA 91709 APPROVED AND ADOPTED THIS 12TH OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: eve —Ty 1, 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 August 2003, by the following vote: AYES: Commissioners: Nelson, Tanaka, Ruzicka, V/C Nolan, Chair Tye NOES: None ABSENT: None ABSTAIN: None ATTEST: 0" ---'Qimes Destfano, secretary