HomeMy WebLinkAboutRES 2024-10PLANNING COMMISSION
RESOLUTION NO. 2024-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT NO. PL2024-42
TO OPERATE A PILATES FITNESS STUDIO WITHIN A 1,518 SQUARE -FOOT
VACANT LEASE SPACE LOCATED AT 303 SOUTH DIAMOND BAR BOULEVARD,
SUITE A, DIAMOND BAR, CA (APN 8717-008-029).
A. RECITALS
Property owner, Phoenix Gluck, L.P., and applicant, Emily Herrera for The Pilates
Circle, have filed an application for Conditional Use Permit No. PL2024-42 to
operate a Pilates fitness studio for The Pilates Circle Studio in a 1,518 square -
foot tenant space within an existing shopping center. The project site is more
specifically described as 303, South Diamond Bar Boulevard, Suite A, 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 4.56 gross acre parcel. It is located in the
Regional Commercial (C-3) zone with a General Plan land use designation of
Town Center Mixed Use.
3. The legal description of the subject property is Lot 2 of Parcel Map No. 5606 and
the Assessor's Parcel Number is 8717-008-029.
4, On September 27, 2024, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune newspaper. On September 27, 2024,
public hearing notices were mailed to property owners within a 700400t radius of
the Project site and posted at the City's designated community posting sites.
5. On October 8, 2024, 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:
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)
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 tenant space within Diamond Bar Plaza, an existing shopping center.
Through compliance with the conditions of approval stipulating the manner in
wMich the use must be conducted, the proposed fitness studio will be compatible
with neighboring uses in the commercial center and surrounding neighborhood.
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.
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 36,444
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 7 a.m. to 1 p.m. and again
from 4 p.m. to 9 p.m., and 7 a.m. to 1 p.m. on Saturdays and Sundays.
Low background music will be played throughout each class, kept at a volume
PC Reso No. 2024-10
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 55 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 amulti-tenant shopping center occupied by
retail stores, a fitness center, a dance studio, restaurants, a dry cleaner, and
personal service uses. The project site shares reciprocal parking and access with
the Diamond Bar Ranch shopping center to the north and the McDonald's
restaurant at the corner of Diamond Bar Boulevard and Gentle Springs Lane.
Diamond Bar Ranch has uses ranging from restaurants, a drive-thru cafe, a
massage establishment, a grocery store, and other retail uses. The existing gross
floor area of the Diamond Bar Ranch shopping center (including McDonald's)
requires 321 parking spaces, the existing gross floor area of the Diamond Bar
Plaza shopping center requires 120 parking spaces, the existing massage
establishment requires 1 parking space, the existing Chipotle & Coffee Bean
requires 21 parking spaces, the existing Habit burger grill requires 12 parking
spaces, the existing fitness center requires 20 parking spaces, the existing dance
studio requires 15 parking spaces, and the proposed Pilates fitness studio
requires 11 parking spaces based on Development Code requirements. The
Diamond Bar Plaza shopping center provides 225 off-street parking spaces and
the Diamond Bar Ranch shopping center provides 363 off-street parking spaces
for a combined total of 588 off-street parking spaces on site. 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 11 parking spaces. In addition, class times are
spaced between 10-minute gaps to limit the demand for parking spaces during
the Pilates fitness studio's operating hours. Under a worst -case scenario, the
existing massage establishment could generate a peak demand of 6 parking
spaces, the existing Chipotle & Coffee Bean could generate a peak demand of
21 parking spaces, the existing Habit burger grill could generate a peak demand
of 12 parking spaces, the existing fitness facility could generate a peak demand
of 28 parking spaces, the existing dance studio could generate a peak demand
of 42 parking spaces, and the proposed Pilates fitness studio could potentially
generate a peak demand of 22 parking spaces during the brief period of transition
between outgoing and incoming members. Assuming all other businesses are
experiencing peak operations, the shopping center's peak parking demand could
reach 572 spaces. Since 588 parking spaces are available, there would still be a
surplus of 16 spaces under this scenario. As such, the operational characteristics
and parking demands anticipated to be associated with the Proposed Use are
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PC Reso No. 2024-10
compatible with the existing uses within the center.
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.
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. PL2024-42, subject to the following
conditions:
1. This approval is for the operation of a Pilates fitness studio in a 1,518 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. PL2024-42 dated October 8, 2024, 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 303 South Diamond Bar
Boulevard, Suite A, 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.
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PC Reso No. 2024-10
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.
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, Phoenix Gluck, L.P., 3191-D Airport Loop Drive, Costa
Mesa, CA 92626; and applicant, Emily Herrera for The Pilates Circle, 4485
Los Serranos Boulevard, Chino Hills, CA 91709,
APPROVED AND ADOPTED THIS 8TH DAY OF OCTOBER, 2024, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: Kres,Chairperson
Rube To
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 8t^ day of October, 2024, by the following vote:
AYES: 5 Commissioners: Barlas, Rawlings, Wolfe, VC/Garg, C/Torres
NOES: 0 Commissioners: None
ABSENT: 0 Commissioners: None
ABSTAIN: 0 Commissioners: None
ATTEST:
Greg Gubman, Secretary
PC Reso No. 2024-10
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2024-42
SUBJECT: To operate a Pilates fitness studio at a 1 518 square -foot vacant
space within an existing multi -tenant commercial building
PROPERTY Phoenix Gluck L.P.,
OWNER(S): 3191-13 Airport Loop Drive
Costa Mesa, CA 92626
APPLICANT: Emily Herrera for The Pilates Circle
4485 Los Serranos Boulevard
Chino Hills, CA 91709
LOCATION: 303 South Diamond Bar Boulevard, Suite A
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. PL2024-42 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.
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PC Reso No. 2024-10
(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.
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.
FEES/DEPOSITS
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.
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PC Reso No. 2024-10
C. TIME LIMITS
1. The approval of Conditional Use Permit No. PL202442 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) 839J020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
General Conditions:
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 CAL Green 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 CAL Green Code.
Plan Check —Items to be addressed prior to plan approval:
3. Upgrades for disabled access is required for existing parking, paths of travel, and
bathrooms per CBC 11 Bm202. All upgrades shall be shown on plans.
4. The following statement shall be included on the plans: "Separate permits shall be
required for all building- and ground -mounted signs."
This project shall comply with the energy conservation requirements of the State of
California Energy Commission. All lighting shall be high efficacy or equivalent per the
current California Energy Code 140.6 to 140.9.
6. Indicate the proposed addition and existing building on the plans. Submit code analysis
and justification showing the following:
a. Each building square footage
b. Type of construction
c. Sprinkler system
d. Each group occupancy
e. Exit analysis for each building (occupant load/corridor rating/exit width/exit
signs, etc.)
f. Accessibility analysis for the entire site and for each building.
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PC Reso No. 202440
Permit — Items required prior to building permit issuance:
7. 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.
8. AQMD nocation is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
9. 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:
10. 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 one year after permit issuance, and if a successful inspection has
not been obtained from the building official within one -hundred -eighty (180) days 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.
11. 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.
END
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