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HomeMy WebLinkAboutPC 2021-04PLANNING COMMISSION RESOLUTION NO. 2021-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. PL2019-103, TO OPERATE A FITNESS CENTER 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 1. On February 25, 2020, the Planning Commission approved Conditional Use Permit No. PL2019-103 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 8285-020-041. 4, Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to grant time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 5. Applicant and owner, ROIC Diamond Hills Plaza LLC, has filed a request for a one-year extension of time for the Project. 6, On February 12, 2021, public hearing notices were mailed to property owners within a 700-foot radius of the Project site. On February 12, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Also, public notices were posted at the project site and the City 's four designated community posting sites. 7. On February 23, 2021, 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. On February 25, 2020, the Planning Commission determined the Project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22,66,050, this Planning Commission hereby finds as follows: 1. On the filing of a request for extension by the applicant at least 30 days before the expiration, the original review authority may extend the time to establish an approved permit. The applicant has submitted a request for aone-year extension of time to the City on December 23, 2020, which complies with the filing deadline of January 26, 2021. 2. The permittee has made a good faith .effort to establish the permit and has exercised due diligence in seeking to establish the permit. The burden of proof is on the permittee to establish, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. The applicant has been making progress by submitting tenant improvement plans to the City's Building and Safety Division as early as September 2019. In response to the COVID-19 pandemic, Los Angeles County Public Health placed indoor occupancy restrictions on specified businesses, including fitness centers, to control the spread of the virus. This restriction caused delays to the Project due to the uncertainty of when fitness centers can operate indoors at full capacity. As of February 2, 2021, fitness centers may only operate outdoors and it is still uncertain when these restrictions will be lifted by the County, which is beyond the applicant's control. Due to this uncertainty, Planet Fitness will not be moving forward with the lease space. Therefore, the applicant is requesting an extension to the approved permit for additional time to find another tenant. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby approves the Application subject to the following conditions: 2 PC Resolution No. 2021-04 1. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department, 2. All conditions of approval for Conditional Use Permit No. PL2019-103 approved by Planning Commission Resolution No. 2020-08 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. PL2019-103 to February 23, 2022, The Planning Commission shall: aI Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the applicant and owner, ROIC Diamond Hills Plaza LLC, 11250 El Camino Real #200, San Diego, CA 92130. APPROVED AND ADOPTED THIS 23RD DAY OF FEBRUARY 2021, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: -46 K nneth Mok, Chairman I,- 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 23rd day of February, 2021, by the following vote: AYES: Commissioners: Wolfe, V/C Rawlings, Chair/Mok NOES: Commissioners: None ABSENT: Commissioners: Barlas, Garg ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary 3 PC Resolution No. 2021-04