HomeMy WebLinkAboutPC 2020-08PLANNING COMMISSION
RESOLUTION NO. 2020-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. PL2019-103, TO OPERATE A FITNESS CENTER (PLANET FITNESS) IN
A 21,440 SQUARE -FOOT TENANT SPACE AT DIAMOND HILLS PLAZA
AT 2825 SOUTH DIAMOND BAR BOULEVARD, DIAMOND BAR, CA
(APN 8285-020-041).
A. RECITALS
Property owner, ROTC Diamond Hills Plaza LLC, and applicant, Chase
Villafana for Planet Fitness Supreme LLC, have filed an application for
Conditional Use Permit No..PL 2019-103 to operate a fitness center (Planet
Fitness) in a 21,440 square -foot tenant space within an existing shopping
center, Diamond Hills Plaza. The project site is more specifically described
as 2825 South Diamond Bar Boulevard, 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 20 parcels totaling 17.2 acres. It is
located in the Community Commercial (C-2) zone and is consistent with the
General Commercial land use designation of the General Plan.
3. The Assessor's Parcel Number is 2825-020-041.
4. On February 12, 2020, public hearing notices were mailed to property
owners within a 700-foot radius of the Project site. On February 14, 2020,
notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and
posted at the City's four designated community posting sites.
5. On February 25, 2020, 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:
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)
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, health and fitness
centers —as defined by DBMC Section 22.80.020—are permitted in the
C-2 zoning district with approval of a conditional use permit. The proposed
fitness center will be located in a tenant space previously occupied by a
retail tenant (Rite Aid), and is within the Diamond Hills Plaza shopping
center.
2. The Proposed Use is consistent with the general plan and any applicable
specific plan.
The Proposed Use is consistent with General Plan Goal LU-G-11: ("Support
existing commercial centers by encouraging ongoing investment and,
where appropriate, reuse and redevelopment) in that the proposed fitness
center will occupy an existing tenant space. The Proposed Use is
consistent with General Plan Goal ED-G-3: ("Support the retention,
rehabilitation, and/or expansion of existing businesses, and the attraction of
new businesses) in that the Proposed Use is anew business locating within
an existing shopping center.
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. 2020-08
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 grocery store. The proposed fitness center will be located within an
existing tenant space at the Diamond Hills Plaza shopping center. The
property owner reached out to representatives from SuperH-Mart corporate
offices and received positive feedback for the proposed fitness center.
Super H-Mart supports the proposed Planet Fitness since there is synergy
between grocery stores and fitness centers due to the increase of traffic that
is generated at the shopping center. The hours of operation of the existing
business within the shopping center range between 8:00 am 10:00 pm,
with a majority of the businesses opening at 10:00 am and closing at
approximately 7:00 pm. Since the proposed Planet Fitness will be open
24 hours a day, seven days a week, parking will not be an issue since there
is a surplus of parking available during business hours and the other
businesses within the center will be closed after 7:00 pm. Music inside of
the proposed fitness center will be played at an ambient sound level since
there are no group classes and will not be heard from the exterior of the
building. Additionally, the three doors located at the rear of the fitness
space will remain closed and not accessible to the public. Therefore, the
proposed fitness center will have a negligible effect on existing noise in the
vicinity and it would not be a nuisance to the adjacent residences located to
the north of the shopping 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 vacant lease space, and no additional square
footage is being proposed. Diamond Hills Plaza provides 944 on -site
parking spaces. The parking required for the current palette of uses minus
the proposed fitness center is 643 spaces. The proposed fitness center
requires 143 spaces. The total off-street parking requirement for the center
would thus be 786 spaces, leaving a surplus of 158 spaces based on
Development Code requirements. Based on the parking demand analysis
submitted that includes site observations and case studies, the existing
parking supply would accommodate the parking demand of existing uses
and the proposed fitness center. Although the parking study indicates that
there will be sufficient parking throughout the site, due to the demand of the
proposed fitness center, there will be a lack of parking directly in front of the
proposed fitness center and the tenants toward the western portion of the
shopping center. To ensure that adequate parking is available for
customers and employees of the shopping center, a Parking Management
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PC Resolution No. 2020-OB
Plan will be developed that identifies the proposed employee parking
spaces and key management strategies such as short term/time restricted
spaces to maximize the availability of parking for customers and employees
of the shopping 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.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves Conditional Use Permit No. PL2019-103 subject to the following
conditions:
1. This approval is for the establishment and operation of a fitness center as
described in the application on file with the Planning Division, the Planning
Commission staff report for Conditional Use Permit No. PL2019-103 dated
February 25, 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 2825 S. Diamond Bar
Boulevard, 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
PC Resolution No. 2020-08
4. 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.
5. Group classes shall not be allowed at this location.
6. Prior to the issuance of building permits, submit a Parking Management
Plan that identifies the employee parking spaces and key management
strategies including:
a. Employee parking shall be located at the rear of the shopping center
and identified with painted markings or signage. After 10:00 pm, parking
shall be prohibited in Zone N (depicted in the parking zone map below)
and all employees shall park at the front of the shopping center.
b. Planet Fitness shall inform its customers to park in the Zones H and J to
alleviate parking demand by implementing the following strategies:
i. Include material in welcome packets and at the front desk directing
customers where to park; and
ii.
Send
out emails and
pamphlets
periodically to customers directing
them
where to park,
r zoNs a `9 rMPA
`p9 ZONE B
-1� 2on C ZONE ❑,
_ s. oIn�oeoenn Bow.
ZONE N
i
i
J
-r
r
ZONE
A
ZONE I
I .a
i
C`
ZONE I
1
i_
zaNE 8
rking Zones
iii. The property owner shall work with tenants of the shopping center
to identify the location of "short-term/time restricted spaces" for
service, retail, and take-out/curbside food uses.
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PC Resolution No. 2020-OB
7. Tree canopies and shrubs in the center shall be pruned on a biennial basis
to improve lighting in the parking lot and enhance visibility of the shopping
center.
8. Prior to final occupancy, the property owner shall work with the Planning
Division to improve noise attenuation at the rear of the shopping center.
Examples of noise attenuation measures may include, but are not
necessarily limited to landscaping along the rear property line.
9. Add landscaping along the rear property line to help reduce noise from
delivery trucks at the shopping center.
10. Prior to the issuance of building permits, submit plans to the Planning
Division showing all proposed camera locations within the shopping center,
including the parking lot and adjacent to Planet Fitness. The proposed
cameras located in front of the Curry India Bistro and Soma Music school
shall be relocated to the median located at the driveway entrance/exit on
Diamond Bar Boulevard in order to record the cars entering and exiting the
shopping center.
11. Prior to issuance of building permits, submit plans to the Planning Division
showing signage to be installed throughout the parking lot stating that there
is video surveillance in the parking lot to help deter potential criminal activity.
12. Prior to the issuance of building permits, submit plans to the Planning
Division for approval of the location and design of the proposed exterior
lighting fixtures to enhance lighting and visibility within the parking lot and
on the building along the frontage and rear of the proposed fitness center.
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, ROIC Diamond Hills Plaza LLC,
PO Box 130339, Carlsbad, CA 92013; and applicant, Chase
Villafana, Planet Fitness Supreme LLC, 3200 Park Center Drive,
Floor 15, Costa Mesa, CA 92626.
6
PC Resolution No. 2020-OB
APPROVED AND ADOPTED
THIS 25TH
DAY OF
FEBRUARY, 2020, BY THE
PLANNING COMMISSION
OF
THE
CITY OF
DIAMOND
BAR.
By:
Naila Barlas, Chairperson
I, Greg GubmanI 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 25th day of February, 2020, by the following vote:
AYES: COmmISSlOnerS: Ntok, F.awlings, 5ZC/Farago, Chair/Barlas
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:✓ GF�
Greg Gubman, Secretary
7
CUP PL2019-103
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2019-103
SUBJECT: To operate a fitness center within a 21,440 square -foot lease
space located at Diamond Hills Plaza
PROPERTY ROIC Diamond Hills Plaza LLC
OWNER(S): PO Box 130339
Carlsbad, CA 92013
APPLICANTS: Chase Villafana
Planet Fitness Supreme, LLC
3200 Park Center Drive, Floor 15
Costa Mesa, CA 92626
LOCATION: 2825 South Diamond Bar Boulevard
Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
I. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
(909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
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. PL2019-103 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. 2020-08
(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. PL2019-103 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.
9
PC Resolution No. 2020-a8
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.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. PL2019-103 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.
II. 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., 2016
California Building Code series will apply) requirements and all
other applicable construction codes, ordinances and regulations
in effect.
2. Provisions for Cal Green 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 Cal Green Code.
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PC Resolution No. 2020-OB
B. Plan Check — Items to be addressed prior to plan approval:
1. The occupant load shall be justified and if over 300 occupants,
structural design for risk category III will be required per CBC
Table 1604.5. Where actual occupant load is lower than code
tabulation, a recorded covenant shall be recorded on the space
for the occupant load.
2. The ADA parking area shall be altered to meet current CBC
Chapter 11B requirements including restriping the stalls, adding
truncated domes, and current $250 fine signs.
3. For rooftop work or other accessory structures, wind design of
these components shall be done by a structural engineer. The
minimum design load for wind in this area is 110 M.P.H.
exposures "C" and the site is within seismic zone D or E. The
applicant shall submit drawings and calculations prepared by a
California State licensed Architect/Engineer with wet stamp and
signature.
4. 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).
5. Indoor air quality shall be provided consistent with ASHRAE 62.2
as required per California Energy Code 150(o).
6. "Separate permit shall be required for all wall and monument
signs" and shall be noted on plans.
7. An exit analysis shall be provided during plan check, showing
occupant load for each space, exit width, exit signs, etc.
8. Plans shall reflect adequate exit requirements. The distance
between required exits shall be''/2 of the overall building diagonal
dimension.
9. Fire Department approval shall be required. Fire prevention
approval is required for the overall tenant improvement and
sprinkler/fire protection system.
C. Permit —Items required prior to building permit issuance:
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.
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PC Resolution No. 2020-08
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.
D. Construction —Conditions required during construction:
1. The existing sewer line shall be inspected by the applicant tover ly
adequacy and current condition. If at any time the line is blocked
or not in operation, all activity at the space shall cease until the
line is back in operation.
2. Fire sprinklers are required to be approved through the LA County
Fire Department. The location or relocation of heads shall be
approved prior to installation and prior to rough frame inspection.
3. 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.
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.
5. All equipment staging areas shall be maintained in an orderly
manner and screened behind a minimum 6high fence.
6. The project shall be protected by a construction fence to the
satisfaction of the Building Official, and shall comply with the
NPDES & BMP requirements (sand bags, etc.). All fencing shall
be view obstructing with opaque surfaces.
7. The applicant shall first request and secure approval from the City
for any changes or deviations from approved plans prior to
proceeding with any work in accordance with such changes or
deviations.
8. All glazing in hazardous locations shall be labeled as safety glass.
The labeling shall be visible for inspection.
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PC Resolution No. 2020-OS