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HomeMy WebLinkAboutPC 2023-11PLANNING COMMISSION RESOLUTION NO. 2023A 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT NO. PL2023-32 TO OPERATE A PILATES FITNESS STUDIO WITHIN A 1,322 SQUARE -FOOT TENANT SPACE LOCATED AT 21349 COLD SPRING LANE, DIAMOND BAR, CA (APN 8285-020-034). A. RECITALS 1. Property owner, ROTC Diamond Hills Plaza, LLC, and applicant, Roger Chan for Almond Health, LLC, have filed an application for Conditional Use Permit No. PL2023-32 to operate a Pilates fitness studio for Club Pilates in a 1,322 square -foot tenant space within an existing shopping center. The project site is more specifically described as 21349 Cold Spring Lane, 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 0.69 gross acre parcel. It is located in the Community Commercial (C-2) 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. 247-28- 31 and the Assessor's Parcel Number is 8285-020-034. 4. On August 11, 2023, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. On August I I, 2023, 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 August 22, 2023, 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. CO FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar City Code (DBCC) Section 22.58, the Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBCC 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 DBCC Section 22.10.030 Table 2-6, health and fitness facilities, as defined by DBCC Section 22, 80.020, are permitted in the C-2 zoning district with approval of a conditional use permit. The proposed fitness studio will be located in a tenant space within Diamond Hills 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 within a 203,167 square -foot, multi -tenant commercial shopping center occupied by various retail, restaurants, office, and service uses. The Proposed Use complies with the City's Development Code parking requirements, 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 Monday through Friday from 6 a.m. to 8 p.m., and 7 a.m. to 1 p.m. on Saturdays and Sundays. Although music is generally played at low volumes during classes, the applicant proposes to install a 1-hour fire treated wall which consists of metal studs with V8-inch-thick Type X drywall on the demising wall to mitigate noise impacts to 2 PC Reso No. 2023-11 the adjacent tenant. Therefore, noise generated by the Proposed Use would likely be negligible, and not be a nuisance to the adjacent businesses or immediate surroundings. 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 Hills Plaza provides 932 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 mix of uses within the center, minus the Proposed Use,.is 843 spaces. The parking requirement for the Proposed Use is 15 spaces. The total off-street parking requirement for the shopping center would thus be 858 spaces, leaving a surplus of 74 spaces based on Development Code requirements. Therefore, the existing parking supply would accommodate existing uses and the Proposed Use. Based on the parking demand analysis conducted for the Proposed Use, the existing parking supply would accommodate the parking demand of existing uses and the Proposed Use. A worst -case scenario would result in a peak demand of 902 parking spaces on a weekday at 5:00 p.m., whereas the weekend scenario would result in a peak demand of 808 spaces at 12:00 p.m. When compared to the existing on -site parking supply of 932 spaces, the weekday scenario would result in a surplus of 30 parking spaces, and weekend scenario would result in a surplus of 124 parking spaces. Moreover, the parking study analyzed the different zones within the parking lot. Parking Zones A and C, located adjacent to the Proposed Use, are in close proximity to the H-Mart grocery store and may impact parking in this area (Figure 3 of the parking study). Therefore, a zonal assessment was conducted for the parking field in front of the Proposed Use to assess the potential displacement of parking and identify its effect on the surrounding parking. These two parking zones have a total combined supply of 116 spaces. Out of the seven days, Friday was found to have the highest peak parking demand at 5:00 p.m. with 113 vehicles observed. This results in a minimum functional surplus of three spaces within Zones A and C. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the Proposed Use will be compatible with the other uses in the commercial center and neighborhood. 3 PC Reso No. 2023-i i The Proposed Use is physically suitable at the subject site because it is operating within an existing commercial shopping 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 this Resolution, and all applicable provisions of the latest edition of the California Building Code and local amendments thereto. 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 No. PL2023-32, subject to the following conditions: 1. This approval is for the operation of a Pilates fitness studio in a 1,322 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 No. PL2023-32 dated August 22, 2023, 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 21349 Cold Spring Lane, as depicted on the approved plans on file with the Planning Division. Prior to relocating or expanding the Use into other tenant spaces, the applicant shall first apply for and receive approval of an amended Conditional Use Permit. 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. 4 PC Reso No. 2023-11 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, except that the Community Development Director may administratively approve minor modifications to the use if it is determined. 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, ROIC Diamond Hills Plaza, LLC, 11250 El Camino Real, Suite 200, San Diego, CA 92130; and applicant, Roger Chan for Almond Health, LLC, 12965 Beach Boulevard, Stanton, CA 90680, APPROVED AND ADOPTED THIS 22ND DAY OF AUGUST, 2023, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, 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 on the 22nd day of August, 2023, by the following vote: AYES: Commissioners: Barlas, Garg, Wolfe, VC/Torres, Chair/Rawlings NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None Greg Gubman, Secretary 5 CUP PL2023-32 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2023-32 SUBJECT: To operate a Pilates fitness studio at a 1,322 square -foot vacant space within an existing multi -tenant commercial building PROPERTY ROTC Diamond Hills Plaza, LLC, OWNER(S): 11250 El Camino Real, Suite 200 San Diego, CA 92130 APPLICANT: Roger Chan for Almond Health. LLC 12965 Beach Boulevard Stanton, CA 90680 LOCATION: 21349 Cold Spring Lane 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 No. PL2023-32 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. 6 CUP PL2023-32 (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: (a) The applicant and property owner have each filed with the Community Development Department an affidavit stating that they are aware of and agree to accept all of the conditions of approval contained herein; and (b) All remaining application processing fees have been paid in full. 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. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. 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. 7. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project approval. 8. 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 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. 7 PC Reso No. 2023-ii C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2023-32 shall expire within one (1) year from the date of approval if the use has not been exercised as defined pursuant to DBCC Section 22,66,050 (b)(1). The applicant may request in writing a one-year time extension subject to DBCC Section 22.60.050(c) for Planning Commission review and approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 1. Plans and construction shall conform to current State and Local Building Code (i.e., 2022 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of permit issuance. 2. Implementation of the CALGreen Code shall be reflected on the 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 CALGreen Code, Plan Check —Items to be addressed prior to plan approval: 3. The following statement shall be included on the plans: "Separate permits shall be required for all building- and ground -mounted signs." 4. The number of plumbing fixtures shall be in compliance with CPC T-422, 5. The design of all features shall meet the latest ADA requirements in CBC 11 B. Permit —Items required prior to building permit issuance: 6. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar City Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 7. All workers on the job shall be covered by workers' compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction —Conditions required during construction: 8. Every permit issued by the Building Official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within six (6) months after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days 8 PC Reso No. 2023-11 from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 9. 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. 10. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 11. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. END 9 PC Reso No. 2023-17