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HomeMy WebLinkAboutRES 2025-04A. PLANNING COMMISSION RESOLUTION NO. 2025=04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT NO. PL2024-85 TO OPERATE A PILATES FITNESS STUDIO WITHIN A 1,125 SQUARE -FOOT VACANT LEASE SPACE LOCATED AT 1155 SOUTH DIAMOND BAR BOULEVARD, UNIT U, DIAMOND BAR, CA (APN 8717-031=010). RECITALS Property owner, Diamond Bar Town Center, LLC, and applicant, Zhen Wang for ASA Yoga Pilates, have filed an application for Conditional Use Permit No. PL2024-85 to operate a Pilates fitness studio for ASA Yoga Pilates in a 1,125 square -foot tenant space within an existing shopping center. The project site is more specifically described as 1155 South Diamond Bar Boulevard, Unit U, 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 1.24 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 1 of Parcel Map No. 186 and the Assessor's Parcel Number is 8717-031-010. 4. On January 31, 2025, public hearing notices were mailed to property owners within a 700-foot radius of the project site. On January 31, 2025, the notice was published in the San Gabriel Valley Tribune newspaper; the project site was posted with a notice display board; and a copy of the public notice was posted at the City's designated community posting sites. 5. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business items scheduled before the Planning Commission for February 11, 2025, were continued to February 25, 2025, 6, On February 25, 2025, 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 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-3 zoning district with approval of a conditional use permit. The proposed fitness studio will be located in a vacant tenant space within Diamond Bar Town Center, 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-G41: ("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 21, 759 square -foot, two-story, multi -tenant commercial building occupied by a variety of tenants, including retail stores, restaurants, personal services, professional and 2 PC Reso No. 2025-04 dental offices, banks, a tutoring center, a chess school, and a gym. 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 9 a.m. to 9 p.m., and 9 a.m. to 4 p.m. on Saturdays and Sundays. Low background music will be played throughout each class, kept at a volume that allows the instructor to be heard by their clients. The applicant proposes to keep the sound level of the music at a volume not to exceed 50 decibels, a level that is in compliance with the City's Noise Ordinance. 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 located within a multi -tenant shopping center occupied by including retail stores, restaurants, personal services, professional and dental offices, banks, a tutoring center, a chess school, and a gym. The project site shares reciprocal parking and access with neighboring commercial parcels and a Southern California Edison substation, collectively forming the Diamond Bar Town Center. The existing gross floor area of the Diamond Bar Town Center requires 137 parking spaces, the existing tutoring center requires 11 parking spaces, the existing non -degree school requires six parking spaces, the existing gym requires 17 parking spaces, and the proposed Pilates fitness studio requires 10 parking spaces based on Development Code requirements. The Diamond Bar Town Center provides a total of 197 off-street parking spaces. The varying uses result in a range of peak business hours and parking demands. Assuming that each instructor and member arrives in a separate vehicle, the proposed use could potentially generate a demand for six parking spaces. In addition, class times are spaced between 30-minute gaps to limit the demand for parking spaces during the Pilates fitness studio's operating hours. Under aworst-case scenario, the existing tutoring center could generate a peak demand of 11 parking spaces, the existing non -degree school could generate a peak demand of 11 parking spaces, the existing gym could generate a peak demand of 32 parking spaces, and the proposed Pilates fitness studio could potentially generate a peak demand of six parking spaces. Assuming all other businesses are experiencing peak operations, the shopping center's peak parking demand could reach 197 spaces. Since 197 parking spaces are available, there would be no surplus of parking spaces under this scenario. Taking into account the proposed 30-minute gaps between classes, staff does not foresee any parking issues resulting from the proposed use. The existing 3 PC Reso No. 2025-04 parking supply is adequate and can accommodate the proposed Pilates fitness studio, together with the center's other tenants and patrons. In addition, the proposed Pilates fitness studio will not add square footage to the existing building. 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. 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. 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) asset 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. PL2024-85, subject to the following conditions: This approval is for the operation of a Pilates fitness studio in a 1,125 square -foot tenant space located within 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. PL2024-85 dated February 11, 2025, 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 1155 South Diamond Bar Boulevard, Unit U, as depicted on the approved plans on file with the Planning Division. Prior to relocating or expanding the Use into other tenant spaces, the 4 PC Reso No. 2025-04 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. 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, Diamond Bar Town Center, LLC, 9849 Flower Street, Bellflower, CA 90706; and applicant, Zhen Wang for ASA Yoga Pilates, 8755 Garibaldi Avenue, San Gabriel, CA 91775, APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2025, BY THE PLANNING COMMISSION OF THE CITYj0F DIAMOND BAR, By: Ruben 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 25th day of February, 2025, by the following vote: AYES: 3 Commissioners: Barlas, Wolfe, C/Torres NOES: 0 Commissioners: None ABSENT: 2 Commissioners: Rawlings, V/C Garg ABSTAIN: 0 Commissioners: None ATTEST: �� Greg Gubman, Secretary 5 PC Reso No. 2025-04 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2024-85 SUBJECT: To operate a Pilates fitness studio at a 1.125 square -foot vacant space within an existing multi -tenant commercial building PROPERTY Diamond Bar Town Center. LLC OWNER(S): 9849 Flower Street, Unit E Bellflower, CA 90706 APPLICANT: Zhen Wang for ASA Yoga Pilates 8755 Garibaldi Avenue San Gabriel, CA 91775 LOCATION: 1155 South Diamond Bar Boulevard. Unit U 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. PL2024-85 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. PC Reso No. 2025-04 (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's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, and the Fire Department. B. FEESIDEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning and Building and Safety Divisions 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. 2025-04 C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2024-85 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 22.66.050(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. The applicant is responsible to review the Americans with Disabilities Act and shall make a determination with a Certified Access Specialist or similar professional person what access features are readily achievable. 3. No construction is proposed for this use. 4. The number of occupants shall be limited to no more than 10 occupants. END 8 PC Reso No. 2025-04