HomeMy WebLinkAboutPC 2013-28A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL 2013-380, TO OPERATE A CROSSFIT FITNESS
STUDIO IN AN EXISTING 3,000 SQUARE -FOOT UNIT AT DIAMOND
BAR PLAZA, LOCATED AT 303 SOUTH DIAMOND BAR
BOULEVARD #M, DIAMOND BAR, CA (ASSESSORS PARCEL
NO. 8717-008-029).
1. Property owner, Phoenix Gluck LP, and applicant, James Hahn, have filed
an application for Conditional Use 'Permit No. PL 2013-380 to operate a
crossfit fitness studio in an existing 3,000 square -foot unit located at
303 S. Diamond Bar Blvd. #M, Diamond Bar, Los Angeles County,
California ("Project Site").
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. On November 27, 2013, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland Valley
Daily Bulletin newspapers. Public hearing notices were mailed to property
owners within a 700 -foot radius of the Project site and public notices were
posted at the City's designated community posting sites on November 27,
2013. In addition to the published and mailed notices, the notice was
posted at three locations within the project vicinity.
4. The applicant did not post the site with a public hearing notice board at
least 10 days prior to the hearing date as required. The matter was
rescheduled for the December 19, 2013, meeting to allow additional time
for all the public hearing I notification requirements to be met.
5. On December 9, 2013, a revised public hearing notice was published in
the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. 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.
6. On December 19, 2013, 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 facility 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
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Planning Commission Resolution No 2013-28
that the proposed crossfit fitness facility meets Strategy 1.3.3 because the
proposed fitness center provides services to Diamond Bar residents.
The 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 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 crossfit fitness facility 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 crossfit fitness facility 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 project 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.
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Planning Commission Resolution No 2013-28
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following conditions:
1 The establishment is approved as a crossfit fitness facility as described in
the application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit No. PL2013-380 dated
December 19, 2013, and the Planning Commission minutes pertaining
thereto, hereafter referred to as the "Use". The Use shall be limited to a
physical fitness facility.
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 303 South Diamond Bar
Boulevard, #M, 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.
6. On, or prior to, January 17, 2014, the applicant shall remove all
unpermitted temporary exterior signs, obtain building permits for a
permanent wail sign, and install the sign.
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Planning Commission Resolution No 2013-28
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, Phoenix Gluck LP, 210 Santa Monica
Blvd., Santa Monica, CA 91401; and applicant, J ' ames Hahn,
303 S. Diamond Bar Blvd. #M, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER 2013, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Frank Farago, Vice Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a special meeting of the Planning Commission held on the
19th day of December 2013, by the following vote:
AYES: Commissioners:
NOE& Commissioners:
ABSTAIN: Commissioners
ABSENT: Commissioners
ATTEST:
Greg Gubman, Secretary
Dhingra, Shah, VC/Farago
None
None
Lin
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CUP PL2013-380
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PROJECT #: Conditional Use Permit No. PL2013-380
SUBJECT: To allow-crossfit fitness facility in an existing 3,000 square -
foot unit located in Diamond Bar Plaza
PROPERTY Phoenix Gluck LP, 210 Santa Monica Blvd., Santa Monica, CA
OWNER: 91401
APPLICANT: James Hahn, 303 S. Diamond Bar, Blvd. #M, Diamond Bar,
CA
91765
LOCATION: 303 S. Diamond Bar Blvd, #M, 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:
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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, from any claim, action, or proceeding to
attack, set-aside, void or annul the approval of Conditional Use Permit
No. PL 2013-380 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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Planning Commission Resolution No 2013-28
A
(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. PL 2013-380 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.
FEES/DEPOSITS
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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Planning Commission Resolution No 2013-28
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
building permit. In addition, t ' he 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:
1. On, or prior to, January 10, 2014, the applicant shall submit plans and
apply for building permits to legalize all unpermitted tenant improvements.
If corrections to the plans are required, the applicant shall submit
corrected plans within five (5) business days following notification of said
corrections. In no event shall the applicant cause delays that would
forestall the issuance of building permits beyond January 30, 2014. Any
additional work (e.g. ADA upgrades) shall be commenced and an
inspection shall be requested within ten (10) days following permit
issuance.
2. Plans shall conform to State and Local Building Code (i.e., currently the
2010 California Building Code, California Plumbing Code, California
Mechanical Code, and the California Electrical Code but the 2013 version
will apply if plan check applied after January 1, 2014) requirements and all
other applicable construction codes, ordinances and regulations in effect
at the time of plan check submittal.
3. Occupancy of the facilities shall not commence until such time as all
California Building Code and State Fire Marshal regulations have been
met. The buildings shall be inspected for compliance prior to occupancy.
4. Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within
180 days from the date of such permit or work has discontinued and not
been signed -off on the job card by the building inspector,
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5. 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.
6. 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.
7. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8.
8. This project shall comply with all Accessibility Code requirements
including accessible parking, path of travel, elevators, restrooms, drinking
fountains, etc. Provide compliance with van accessible parking, path of
travel, etc. Existing components shall be upgraded to current code per
CBC 1134B.2.1.
9. Number of plumbing fixtures shall be in compliance with CPC T-4-1.
10. Exit signage shall be provided at both front and rear, exit.
11. Glazing adjacent doors shall be tempered glass as required by code.
12. AQMD notification is required at least 10 days prior to any demolition.
13. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
14. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
15. Upgrades for access features are required per CBC 11348.2.1.
Improvements will include restriping accessible stall to have accessible
parking aisleway on the passenger side, upgrading parking stall $250 fine
sign, curb ramp in the parking lot to be removed and placed in the
walkway, entrance, bathroom, counters, higlVlow drinking fountains, and
truncated domes leading to parking lot unless an unreasonable hardship is
obtained from the Building Official.
16. The total occupants allowed shall not exceed 15 at any time or otherwise
additional exiting and plumbing fixture requirements will apply.
93H
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Planning Commission Resolution No 2013-28