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HomeMy WebLinkAboutPC 2021-12PLANNING COMMISSION RESOLUTION NO. 2021-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2021-19, TO OPERATEA FITNESS STUDIO (FITNESS 100) WITHIN A 3,966 SQUARE -FOOT TENANT SPACE LOCATED AT 20657 GOLDEN SPRINGS DRIVE, SUITE 111A, DIAMOND.BAR, CA (APN 8763-007-022). A. RECITALS Property owner, Golden Springs Asset LLC, and applicant, Steve Lee for Fitness 100, have filed an application for Conditional Use Permit No. PL 2021-19 to operate a fitness studio for Fitness 100 in a 3,966 square -foot tenant space within an existing shopping center, Golden Springs Plaza. The project site is more specifically described as 20657 Golden Springs Drive, Suite 111A, 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. The subject property is comprised of a 2.30 gross acre parcel. It is located in the Regional Commercial (C-3) zone with a General Plan land use designation of General Commercial 3. The Assessor's Parcel Number is 8763-007-022. 4. On June 11, 2021, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On June 9, 2021, public hearing notices were mailed to property owners within a 500-foot radius of the Project site and posted at the City's designated community posting sites. The Planning Commission continued the item from the June 22, 2021, meeting to July 13, 2021, On July 13, 2021, the Planning Commission again continued the matter to July 27, 2021. Since the hearing was continued to a date certain, the Project was not required to be re -noticed. 5. On July 27, 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. 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 2-8, health and fitness facilities, as defined by DBMC Section 22, 80, 020, are permitted in the C-3 zoning district with approval of a conditional use permit. The proposed fitness studio will be located in a tenant space within Golden Springs Plaza, an existing shopping center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed fitness studio will be compatible with neighboring uses in the commercial center and surrounding neighborhood. 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 Use 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 a new 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. The Proposed Use will be located within an existing tenant space at Golden Springs Plaza, amulti-tenant, two-story commercial building occupied by a variety of uses including restaurants, personal services, and medical and professional offices. The Proposed Use complies with the City's Development 2 PC ResoWtlon No. 2021-12 Code parking requirement as well as parking demand. The Proposed Use will operate from 6 a.m. to 9 p.m., Monday through Sunday. To alleviate any potential noise concerns, any background music will be played at a low volume as to not disrupt conversations. In addition, the entire workout space will be covered with %-inch thick sound deafening rubber flooring. The rear door is constructed of solid -core wood and is tight -fitting and self -closing, which will help block sound transmission compared to a hollow -core door that is typical of most interior doors. Demising walls include sound -attenuating construction materials and have a STC 45-49 rating. 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 commercial building and surrounding neighborhood. 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 tenant space within an existing commercial building, and no additional square footage is being proposed. In addition, the Proposed Use will be using existing access and parking. Golden Springs Plaza provides 243 on -site parking spaces. The parking required for the current palette of uses excluding the proposed fitness studio is 199 spaces. The proposed fitness studio requires a minimum of 24 spaces. The total off-street parking requirement for the subject site would thus be 223 parking spaces, leaving a surplus of 20 spaces based on Development Code requirements. The existing parking supply would accommodate the parking demand of existing uses and the proposed fitness studio. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the proposed fitness studio will be compatible with the other uses in the commercial center and neighborhood. The proposed use is physically suitable at the subject site because it is operating within an existing commercial 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 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). PC Resolution No. 2027-72 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. PL2021-19 subject to the following conditions: 1. This approval is for the operation of a fitness studio for Fitness 100 in a 3,966 square -foot tenant space at Golden Springs Plaza, an existing commercial building as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2021-19 dated July 27, 2021, 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 20657 Golden Springs Drive, Suite 111A, as depicted on the approved plans on file with the Planning Division. 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, noise nuisance, or other land use impact, within or beyond the subject property boundaries, the Community Development Director, after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending or revoking this Conditional Use Permit to address such impacts. 5. 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. Building and Safety Division (a) The occupant load shall be limited to 15. 4 PC ResoWtlon No. 2021-12 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, Golden Springs Asset LLC, 20657 Golden Springs Dr., Ste 201, Diamond Bar, CA 91789; and applicant, Steve Lee, 3935 Landmark Ln., Brea, CA 92823, APPROVED AND ADOPTED THIS 27TH DAY OF JULY, 2021 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: idj'��;,.�; William Rawlings, Chairperson 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'or'the 27th day of July, 2021, by the following vote: AYES: Commissioners: Barlas, Mok, Wolfe, VC/Garg, Chair Rawlings NOES: commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg A ubma ,, Secretary 5 CUP PL2021-19 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2021-19 SUBJECT: To operate a fitness studio for Fitness 100 in a 3,966 square -foot tenant space at Golden Springs Plaza, an existing commercial building PROPERTY Golden Springs Asset LLC OWNER(S): 20657 Golden Springs Drive, Ste 201 Diamond Bar, CA 91789 APPLICANT: Steve Lee for Fitness 100 3935 Landmark Lane Brea, CA 92823 LOCATION: 20657 Golden Springs Drive, Suite 111A Diamond Bar, CA 91789 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PRO./ECT. 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. PL2021-19 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: 6 CUP PL2021-19 (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 attorney 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. PL2021-19 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. 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. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 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. Property owner/applicant shall remove the public hearing notice board within three (3) days of this pioject'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 7 PC Resolution No. 2021-12 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 Cononal Use Permit No. PL2021-19 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) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. All work shall be in conformance to the 2019 California Building Code series. 2. Existing ADA facilities shall be upgraded to current requirements as per CBC 118-202. 3. The two exits shall be maintained at all times and exit signage and lighting maintained to the front and rear corridor exit. 4. The occupant load shall be limited to 15. 5. Plumbing fixture count shall be in accordance with CPC Table 422.1 based on CPC Table A. 6. Electrical plans shall be required for electrical upgrades required for the tenant improvement. This will include panel load calculations to be approved in plan check. END 8 PC Resolution No. 2027-12