HomeMy WebLinkAboutPC 2020-03PLANNING COMMISSION
RESOLUTION NO. 2020-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2019-158, TO OPERATE MASSAGE ESTABLaSHMENT USES IN
THREE SUITES (#110, #118, AND #119) AT PHENIX SALON SUITES,
LOCATED WITHIN A 93,835 SQUARE -FOOT, SHOPPING CENTER AT
237 SOUTH DIAMOND BAR BOULEVARD, SUITE A, DIAMOND BAR, CA
(APNS 8717-008-019).
A. RECITALS
1. Property owner, Diamond Springs, LLC, and applicant, Anita Ortega for
Phenix Salon Suites, have filed an application for Conditional Use Permit
No. PL 2019-158 to operate massage establishment uses in three suites
(#110, #118, and #119) at Phenix Salon Suites located within an existing
shopping center. The project site is more specifically described as 237 S.
Diamond Bar Blvd., Suite A, 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 an 8.14 gross acre parcel. It is located
in the Regional Commercial (C-3) zone with a General Plan land use
designation of Town Center Mixed Use,
3. The Assessor's Parcel Number is 8717-008-019.
4. On January 3, 2020, notification of the public hearing for this project was
published in the an Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On January 3, 2020, 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 January 14, 2020, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public h;:aring, 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:
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, 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, personal services -
massage establishments —as defined by DBMC Section 22.80.020—is
permitted in the C-3 zoning district with approval of a conditional use permit.
The proposed massage establishments will be located within an existing
business with other personal service uses such as hair and nail salons, and
is located inside of the Diamond Bar Ranch shopping center.
Pursuant to DBMC Section 5.08.070, massage establishment businesses
will be subject to all business license and operational land use requirements
to ensure that all proposed facilities are operated adequately.
2. The Proposed Use is consistent with the general plan and any applicable
specific plan.
The Proposed Use is consistent with General Plan Goal CC-G-11: ("Support
an intense mix of active uses on both sides of Diamond Bar Boulevard
within the Town Center focus area') in that the proposed massage
establishment uses will provide a service to Diamond Bar residents not
available in the immediate vicinity. The Proposed Use is consistent with
General Plan Goal CC-P-42: ("Prioritize retail and other uses that promote
pedestrian activity on the ground floor of buildings') in that the Proposed
Use will be located on the ground floor of an existing business.
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.
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PC Resolution No. 2020-03
The Proposed Use is located within a multi -tenant shopping center occupied
by a variety of uses including restaurants, retail uses, personal services,
and a supermarket. The proposed massage establishments will be located
within an existing business with other personal service uses such as hair
and nail salons, and is located inside of the Diamond Bar Ranch shopping
center. The Proposed Use complies with the City's Development Code
parking requirement as well as parking demand. The Proposed Use will
only operate during operating hours of Phenix Salon Suites from 8 a.m. to
8 p.m,
Given the proposed hours of operation, the availability of parking, and types
of adjoining uses, it is reasonable to conclude that the massage
establishments will be compatible with the other uses in 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 Proposed Use is physically suitable within the subject site because it
will be located in an existing building that is currently operating with personal
service uses, 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 fo 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.
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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PC Resolution No. 2020-03
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2019-158 subject to the following
conditions:
This approval is for the establishment and operation of massage
establishment uses in three suites (#110, #118, and #119) at Phenix Salon
Suites as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit
No. PL2019-158 dated January 14, 2020, 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 237 S. Diamond Bar
Blvd., Suite A, as depicted on the approved plans on file with the Planning
Division. Only three 110 square -foot tenant spaces shall be permitted for
massage establishment uses at a given time. If the Proposed Use expands
into additional tenant spaces, the approved Conditional Use Permit shall
terminate and a new Conditional Use Permit, subject to Planning
Commission approval shall be required for the new location.
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.
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,
6. Prior to operation, each massage establishment business shall apply for a
Diamond Bar Business License and related documentation required
pursuant to DBMC Section 5,08,070.
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, Diamond Springs, LLC, 9034 W. Sunset Blvd,
West Hollywood, CA 90069; and applicant, Anita Ortega for Phenix
Salon Suites, 19850 Blue Ridge Rd, Rowland Heights, CA 91748,
PC Resolution No. 2020-03
APPROVED AND ADOPTED THIS 14TH DAY OF JANUARY, 2020, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
By:
Naila Barlas, Chairperson
I, Greg GubIII an, 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 14th day of January, 2020, by the following vote:
AYES: COmmISSlOnerS: Mahlke, Mok, Rawlings, VC/Farago, Chair/Barlas
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
!�
ATTEST:
Greg Gubman, Secretary
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CUP No. PL2019-158
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2019-158
SUBJECT:
PROPERTY Diamond Springs, LLC
OWNER(S): 9034 W. Sunset Boulevard
West Hollywood, CA 90069
APPLICANT: Anita Ortega for Phenix Salon Suites
19850 Blue Ridge Road
Rowland Heights, CA 91748
LOCATION: 237 S. Diamond Bar Blvd. Suite A 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
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. PL2019-158 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:
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PC Resolution No. 2020-03
(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
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. PL2019-158 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 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,
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PC Resolution No. 2020-03
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.
C. TIME LIMITS
1. The approval
of Conditional Use Permit No.
PL2019-158 shall expire
within one (1)
year from
the date of approval
if the use has not been
exercised as defined per
DBMC Section 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) 839-70205 FOR COMPLIANCE
WITH
THE FOLLOWING
CONDITIONS:
1. , All work shall be in conformance with the 2020 California Building Code series.
2. No construction shall occur as a result of this permit.
END
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PC Resolution No. 2020-03