HomeMy WebLinkAboutPC 2021-16PLANNING COMMISSION
RESOLUTION NO. 2021-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (PLANNING CASE
NO. PL2021-30) TO OPERATE A FITNESS STUDIO WITHIN A 2,407 SQUARE -FOOT
TENANT SPACE LOCATED AT 1139 S. DIAMOND BAR BOULEVARD, UNIT F,
DIAMOND BAR, CA (APN 8717-031-009).
A. RECITALS
1. Property owner, Diamond Bar 3721 LLC, and applicant, Shawn Zuo, have filed
an application for Conditional Use Permit (Planning Case No. PL2021-30) to
operate a fitness studio for Fit Body Boot Camp in a 2,407 square -foot tenant
space within an existing shopping center. The project site is more specifically
described as 1139 S. Diamond Bar Boulevard, Unit F, 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 a 1.30 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 legal description of the subject property is Lot 3 of Parcel Map No. 16890
and the Assessor's Parcel Number is 8717-031-009.
4. On September 1, 2021, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune newspaper. On September 3, 2021,
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 September 14, 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 22.581
1. The Proposed Use is allowed wn 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 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 Diamond Bar Town Center, an existing shopping center.
Through compliance with the conditions of approval stipulating the manner in
wMich 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 E11-0.-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 within a
15,360square-foot, multi -tenant commercial building. The subject property
shares reciprocal parking and access with neighboring commercial parcels and
an Edison substation, collectively known as Diamond Bar Town Center. Diamond
Bar Center consists of a variety of uses including restaurants, personal services,
and medical and professional offices. The Proposed Use complies with the City's
Development Code parking requirement, and the parking demand generated by
the Proposed Use is not likely to exceed the number of on -premise parking
spaces available to serve the proposed use at any given time. The Proposed
Use will operate from 5 a.m. to 10 a.m. and 5 p.m. to 8 p.m., Monday through
Friday, and 9 a.m. to 12 p.m. on Saturdays. To alleviate any potential noise
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concerns, demising walls will include sound -reducing drywall with a Sound
Transmission Class (STC) rating of 53, along with the installation of 1-inch-thick
acoustic foam panels to further absorb sound. Along with the existing R-30
insulation under the roof, the STC rating will be between 50 to 55. Background
music will be played at approximately 70 dBA during the group class sessions,
and at a lower volume during warm up and cool down periods, and in between
classes. In addition, the entire workout space will be covered with 26 oz, black
nickel carpet with 1 3/84nch4hick crosslink foam flooring. The rear door is
constructed of solid -core wood with an aluminum frame 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.
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. Diamond Bar Town Center
provides 197 on -site parking spaces shared by all tenants and patrons of the
shopping center based on an existing reciprocal parking agreement- The parking
required for the current palette of uses excluding the proposed fitness studio is
159 spaces. The proposed fitness studio requires a minimum of 17 spaces. The
total off-street parking requirement for the subject site would thus be 176 parking
spaces, leaving a surplus of 21 spaces based on Development Code
requirements. The existing parking supply would accommodate the parking
demand of existing uses and the proposed fitness studio.
Based on the parking demand analysis, the existing parking supply would
accommodate the parking demand of existing uses and the proposed fitness
studio. A worst -case scenario would result in a peak demand of 196 parking
spaces. In reality, the diversity of these tenants with different business hours and
peak periods make such occurrences unlikely. .In addition, based on a parking
survey and data adjustments due to vacancies and the COVID49 pandemic, the
peak parking demand of 133 spaces occurs on Fridays at 5:30 p.m. The
proposed fitness facility will serve clients primarily in the mornings and evenings
when the majority of other businesses are closed, further reducing its impact on
parking availability while generating business activity at a wider range of hours
during the week.
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.
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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.
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 Planning Case No. PL2021-30 subject to the
following conditions:
This approval is for the operation of a fitness studio for Fit Body Boot Camp in a
2,407 square -foot tenant space located an existing shopping center as described
in the application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit Planning Case No. PL2021-30 dated
September 14, 2021, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the "Use."
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.
This Conditional Use Permit shall be valid only for 1139 S. Diamond Bar
Boulevard, Unit F, 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.
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,
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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. BUlldlnq and Safety Division
(a) The occupant load shall be limited to 49.
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 Bar 3721 LLC, 24 Prairie Grass, Irvine, CA
92603; and applicant, Shawn Zuo, 716 N. Conlon Ave., West Covina, CA
91790.
APPROVED AND ADOPTED THIS 14TH DAY OF SEPTEMBER, 2021, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
William Rawlings, C airperson
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 14th day of September, 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 Gubman, Secretary
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CUP PL2021-30
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit Planning Case No. PL2021-30
SUBJECT: To operate a fitness studio for Fit Body Boot Camp in a 2,407 square -
foot lease space within an existing multi -tenant commercial building
PROPERTY Diamond Bar 3721 LLC
OWNER(S): 24 Prairie Grass
Irvine, CA 92603
APPLICANT: Shawn Zuo
716 N. Conlon Ave.
West Covina, CA 91790
LOCATION: 1139 S. Diamond Bar Blvd.. Unit F
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 Planning Case No. PL2021-
30 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:
(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.
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CUP PL2021-30
(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 Planning Case No. PL2021-30 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.
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
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.
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Cr TIME LIMITS
1. The approval of Conditional Use Permit Planning Case No. PL2021-30 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. The occupant load shall be posted and limited to 49.
3. Fire Department approval is required for sprinkler head locations.
4. The suspension equipment or other items connected to the wall shall be reinforced and
adequately secured. Details shall be approved by the Building and Safety Division for
the connection and approved through plan check.
5. The ADA path of travel railing and related features shall be completed prior to Building
final inspection.
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