HomeMy WebLinkAboutPC 2012-13Property owner, Country Hills Holdings, LLC, and applicant, Matt Jeng,
have filed an application for Conditional Use Permit No. PL 2012-44 to
operate a fitness studio ("Proposed Use") in an existing 2,300 square -
foot commercial lease space located in the northerly portion of Diamond
Hills Plaza. The project site is more specifically described as
2753A Diamond Bar Blvd., Diamond Bar, Los Angeles County,
California ("Project Site").
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 legal description of the subject property is Lot 9 of Parcel Map
No. 247-28-31. The Assessor's Parcel Number is 8285-020-043.
4. On April 27, 2012, 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
April 27, 2012. 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 May 8, 2012, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing to consider the Proposed Use,
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 Proposed Use 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 2-6, a health and fitness
facility is permitted in the C-2 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.
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 learning center meets Strategy 1.3.3 because the
proposed learning center provides services to Diamond Bar residents.
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 is located within a multi -tenant shopping center
occupied by various restaurants, office, and similar uses such as two
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music schools and a taekwondo studio. As such, the operational
characteristics are compatible with the existing uses within the
shopping center.
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 shopping center.
4. The subject property 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 similar uses such as two music schools,
taekwondo studio and a recently approved child daycare center.
The Proposed Use is physically suitable with the subject site because it
will be located in an existing building and no additional square -footage
is being proposed. In addition, the Proposed Use is intended to operate
within an existing shopping center and will be using existing access and
parking in the existing 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 a// conditions of approval within the attached
resolution, and the Building and Safety Division.
6. The Proposed Use 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 Conditional Use Permit No. PL2012-44 subject
to the following conditions:
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CUP PL2012-44
1. The establishment is approved as a fitness studio as described in the
application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit No. PL2012-44 dated May 8,
2012, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the "Use". The Use shall be limited to a
physical fitness studio.
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 2753A 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. 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.
5. The Conditional Use Permit shall be reviewed six months after approval
to allow the Commission to assess the adequacy of the parking,
operations of the use, and generated noise. Staff shall review any calls
for service or any enforcement issues related to these matters. This
would give the Commission the ability to further condition the project if
actual operating experience within the six months showed it necessary,
by imposing additional mitigation or conditions to help relieve the
concern.
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 owners, Country Hills Holdings LLC,
c/o Sarofim Realty Advisors, 8115 Preston Road, Suite 400,
Dallas, TX 75225; and applicant, Matt Jeng, 713 W. Duarte Rd.
#G303, Arcadia, CA 91007.
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CUP PL2012-44
APPROVED AND ADOPTED THIS 8T" DAY OF MAY 2012, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY, e
Steve Nelson, 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 regular meeting of the Planning
Commission held on the 8th day of May 2012, by the following vote:
AYES: Commissioners
NOES: Commissioners'.
ABSTAIN: Commissioners:
ABSENT, Commissioners
ATTEST:
Greg Gubman, Secretary
Farago, Shah, Torng, VC/Nelson
None
None
Chair/Lin
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CUP PL2012-44
COMMUNITY DEVELOPMENT
DEPARTMENT
r.
...... ....
PROJECT #: Conditional Use Permit No. PL2012-44
SUBJECT: To allow a fitness studio in an existing 2,300 square -foot
unit located towards the north end of Diamond Hills Plaza
PROPERTY County Hills Holdings, LLC, 8115 Preston Road,
OWNER(S): Suite 400, Dallas, TX 75225
APPLICANT: Matt Jeng, 713 W. Duarte Rd. #G303, Arcadia, CA 91007
1115=5 11111� I
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
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 2012-44 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.
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. The City shall promptly notify the applicant
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CUP PL2012-44
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 2012-44 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.
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
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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. PL2012-44 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 Plans shall conform to State and Local Building Code (i.e., 2010
California Building Code, California Plumbing Code, California
Mechanical Code, and the California Electrical Code) requirements and
all other applicable construction codes, ordinances and regulations in
effect at the time of plan check submittal.
2. Where fire sprinklers existing, LA County Fire Department approval is
required prior to frame inspection.
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.
5. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall
be conducted Mon. — Sat. between the hours of 7:00 a.m. and
7:00 p.m.
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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. All equipment staging areas shall be maintained in an orderly manner
and screened behind a minimum 6' high fence.
8. Solid waste management of construction material shall incorporate
recycling material collection per Diamond Bar Municipal Code 8.16 of
Title 8.
9. 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. Reception counter shall comply with the
Title 24 accessibility requirements. Existing components shall be
upgraded to current code per CBC 1134B.2.1.
10. "Separate permit shall be required for all wall and monument signs" and
shall be noted on plans.
11. Number of plumbing fixtures shall be in compliance with CPC T-4-1
12. Specify location of tempered glass as required by code.
13. 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-o�r.
14. AQMD notification is required at least 10 days prior to any demolition.
15. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor.
16. Any changes to approved plans during the course of construction shall
be approved by the City prior to proceeding with any work.
AM
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