HomeMy WebLinkAboutPC 2014-09• W I- 0 1 �
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A. RECITALS
1. Property owner, Courtney Pease, ROTC, and applicant, Bryan Montoya,
Cadtronics, Inc., have filed an application for Conditional Use Permit
No. PL 2014-082 to operate a fitness center in an existing 16,800 square -
foot unit located at 1142 S. Diamond Bar Blvd., 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. It is located in the Regional Commercial (C--3) zone and is consistent with
the General Commercial land use designation of the General Plan.
3. The legal description of the subject property is described as Assessor's
Parcel Number is 8701-027-031.
4, On March 28, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On March 26, 2014, 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. In addition to the
published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity.
5. On April 8, 2014, 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.
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 22,5�8
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, a fitness center is
permitted in the C-3 zoning district with approval of a conditional use
permit. Through compliance with the conditions of approval stipulating the
manner in which the use must be conducted, the proposed use will be
compatible with neighboring uses in the shopping 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 Strategy 1.3.3. -
("Encourage neighborhood serving retail and service commercial uses') in
that the proposed fitness center meets Strategy 1.3.3 because the
proposed fitness center provides services to Diamond Bar residents.
The Project site is not subject to the provisions of any specific plan.
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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 is located within a multi -tenant shopping center
occupied by various restaurants, office, and service uses. As such, the
operational characteristics are compatible with the existing uses within the
shopping center 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 Project site is located within an existing commercial shopping center
that currently has other uses that service the community, such as various
service and retail uses. The proposed fitness center is physically suitable
with the subject site because it is located within an existing building and
no additional square -footage is being proposed. Additionally, the fitness
center will be using existing access and parking within 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: and
Prior to the issuance of any city permits, the proposed project is required
to comply with all conditions of approval within the 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.
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following conditions:
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1. The establishment is approved as a fitness center as described in the
application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit No. PL2014-082 dated April 8,
2014, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use". The Use shall be limited to a fitness center.
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 1142 South 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. If, at any time, the City finds that the Proposed 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.
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 and/or City Council.
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, Courtney Pease, ROTC, 8905 Towne
Center Dr., Suite 108, San Diego, CA 92122; and applicant, Bryan
Montoya, Cadtronics, Inc., 2070 Business Center Dr., Suite 220,
Irvine, CA 92612.
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APPROVED AND ADOPTED THIS 8T" DAY OF APRIL 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR,
By: ----- ----
Frank Farag
hairman
1, Greg Gubmari', Planning Commission Secretary, do hereby certify that the foregoing
Resolution wa's duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 8th day of April, 2014, by the following vote:
AYES: Commissioners: Low, Lin, Pirritano, VC/Shah, Chair/Farago
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:�04� --
Greg Gubman, Secretary
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CUP P12014-82
COMMUNITY DEVELOPMENT
DEPARTMENT
PROJECT #: Conditional Use Permit No. PL2014-082
SUBJECT: To allow a fitness center in a 16,800 square -foot unit located in
Diamond Bar Towne Center
PROPERTY Courtney Pease, ROTC, 8905 Towne Center Dr., Suite 108,
OWNER: San Diego, CA 92122
APPLICANT: Bryan Montoya, Cadtronics, Inc., 2070 Business Center Dr.,
Suite 220, Irvine, CA 92612
LOCATION: 1142 S. Diamond Bar Blvd., 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:
In accordance with Government Code Section 66474.9(b)(1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers,
agents and employees, frorn any claim, action, or proceeding to attack,
set-aside, void or annul the approval of Conditional Use Permit
No. PL 2014-082 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 attorneys fees, incurred in defense of such claims.
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(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.
Z 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. PL 2014-082 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,. and zoning approval 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.
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department) at
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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. PL 2013-380 shall expire
within two (2) years from the date of approval if the use has not been
exercised as defined per DBMC 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:
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1. At the time of plan check submittal, plans and construction shall conform
to current State and Local Building Code (i.e., 2013 California Building
Code series applies) 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. CALGreen 301.3.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL:
1. All exit doors shall swing out and be provided with panic hardware.
2. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Lighting compliance forms
(LTG -1) shall be consistent with electrical plans.
3. "Separate permit shall be required for all wall and monument signs" and
shall be noted on plans.
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4. The occupant load for the group activity room shall be 15 due to more
intense use.
5. Number of plumbing fixtures shall be in compliance with CPC 4-1.
& At least one toilet compartment shall be front loading type per
CBC 11 B-213.3.1.
7. Counters, lockers, showers, and other related features shall be designed
for the disabled as required per CBC Chapter 11 B.
8. The design of the accessible parking stalls shall avoid having the disabled
enter vehicular areas and specifically reviewed by the architect of record if
this is to occur.
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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.
2. AQMD notification is required at least 10 days prior to any demolition.
Proof of notification is required at permit issuance.
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.
i I III I I I IM I! � I I I - I=
1. 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 and approved by Building and Fire Department for
compliance prior to occupancy.
2. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Monday — Saturday between the hours of 7:00 a.m. and
7:00 p.m.
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3. 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.
4. All exterior equipment staging areas shall be maintained in an orderly
manner and screened behind a minimum 6' high fence.
5. The pavement work shall slope to drain to an approved location and shall
comply with the NPDES & BMP requirements (sand bags, etc.)
6. The applicant shall contact Dig Alert and have underground utility
locations marked by the utility companies prior to any excavation. Contact
Dig Alert by dialing 811 or their website at www.digalert.org.
7. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any
work.
8. All glazing in hazardous locations shall be labeled as safety glass. The
labeling shall be visible for inspection.
9. A precise grade plan shall show slopes in the parking area to show
drainage patterns and accessible slopes. All accessible paths shall have
a cross -slope of 2% maximum. Accessible parking shall slope a
maximum of 2% in all directions.
10. The permanent layout of the workout equipment shall be and maintained
accessible per CBC 11 B-206.2.13.
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