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HomeMy WebLinkAboutPC 92-29- RESOLUTION DO. 92-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 92-13 AN APPLICATION FOR A RARAORE RECORDING STUDIO LOCATED AT 20627 COLIMA RD. BUILDING NO. 3, DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. The applicant's agent Edwin Chon, 3727 W. 6th. St. #315, Los Angeles, CA 90020 has heretofore filed an application for the applicant, Dong Min Lee, 3461 Marble Ridge Dr., Chino, CA, 91710; as. described above in the title of this Resolution, Hereinafter in this Resolution, the project, located at address indicated in the title of this Resolution, shall be referred to as "the application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of Cali- fornia. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject application, within the City of Diamond Bar. 3. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. On November 23, 1992 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application, and concluded said public hearing on that date. 5. All legal prerequisites to the adoption of this Resolution have occurred. �I iiu�iilo,i I II Ii � I I III III l,lll'I B.Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 31, 1. This Planning Commission hereby specifically finds that all of facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project has been determined to be Categorically Exempt in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on November 23, 1992 and concluded on said date including written and oral staff reports, together with public testimony, and in conformance with Ordinance No. 4 (1992), the Planning Commission hereby specifically finds as follows: (a) The subject property is located at 20627 Colima Rd., Building #3, in the City of Diamond Bar and is located south of the SR 57, north and east of single family residential development, and west of existing strip commercial development. An undeveloped parcel of land is located north of the site and separates the site from the freeway; 2 (b) That the requested use at the location will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area, or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and (c) That the proposed site is adequate in size and shape to accommodate the yards, walls, parking facilities, landscaping and other development features prescribed in this approval; and (d) That the proposed site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and (2) By other public or private service facilities as are required. �- (e) The property is located in Zone C -2 -BE and allows this use by Conditional Use Permit. The site is approximately 1.9 acres in size and is developed with an existing neighborhood commercial center; (f) The applicant's request is for the improvement of an existing structure to locate a Karaoke Recording Studio in; (g) The subject site lies within the Diamond Bar General Plan General commercial designation; The current zoning of the site is in compliance with the land use designation; (h) Notification of the public hearing for this project has been made; (i) The design and layout of the proposed project is consistent with the applicable elements of the City's General Plan, design guidelines and architectural criteria of the appropriate dis- trict; (j) The design and layout of the proposed development will not unreasonably interfere with the use and ,., enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; 3 T -=r i I i NI, i 1 11 _-- I HH I I II I (k) The architectural- design of the proposed Karaoke Recording Studio is compatible with the character of the surrounding current and proosed development and 'will maintain the harmonious,,p{i orderly, and 'attractive development contemplated by this Chapter and the General Plan of the City; 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with the General Plan, hereby finds as follows: (a) The project is consistent with the adopted General Plan; (b) Substantial evidence exists, considering the records as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the adopted General Plan. 6. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, this Commission hereby approves the application subject to the following restrictions as to use and standard conditions contained within this document: For the purpose of this Resolution, the site plan, floor plan, as approved by the Planning commission on November 23, 1992, marked Exhibit "A" and date stamped, as referenced herein shall conform to the following: Conditions of Approval (1). Studios shall not have inter -connecting doors, only one door shall be used which is for entrance and exit purposes to the main corridor. (2). Studios shall not have locks on the doors. (3). The facility shall be subject to inspection by the City officials and designees during business hours. (4). Minimum window area for each room shall be no less than 20 percent of the floor area of each studio room. Each studio shall provide at least one window which shall separate the studio interior floor area and the general floor area. (5}. All windows into studios must be non -tinted, transparent, unobstructed, and unimpaired at all times and there shall be no window coverings allowed. 4 " �. I: r..... r-- (6). Two rest room facilities shall be provided within the confines of this total use and such facilities shall be accessible from inside the studio. (7). No alcoholic beverages are allowed on the premises at any time. A sign which states the preceding shall be affixed and clearly visible at the front entrance, and shall be written in English, Korean, Chinese, and Japanese. An international symbol sign reflecting the preceding shall additionally be incorporated with the above sign. These signs shall be to the satisfaction of the Community Development Director. {8). The establishment shall maintain a manager over the age of 21 or legal business owner on the premises during business hours. (9). The hours of operation shall be limited to hours between 11:00 a.m. and 12 a.m. midnight without a security guard, Sunday through Thursday, and 11:00 a.m. to 2:00 a.m., Friday and Saturday, with one uniformed licensed security guard from 12:00 a.m. to 2:00 a.m.. (10). The establishment shall not sell or serve food or beverages on site. (11). The floor plan is approved as shown. All changes or modifications to the approved plans must be submitted to the Community Development Department for approval. (12). The City reserves the right to review the Conditional Use Permit, at a public hearing, at any time and modify the conditions herein listed, as deemed appropriate. (13). The violation of the conditions set forth can result in the revocation of the Conditional Use Permit. (14). The applicant shall obtain all required permits and licenses, including but not limited to a business license, prior to the activation of this grant. (15) No employees shall be utilized for any purpose other than as a cashier and directing patrons to studios. only an owner or manager is required to instruct patrons on the use of equipment if conducted within a studio. (16) "No Loitering" signs shall be posted on the premises. (17) All studios must be illuminated to the satisfaction of the Building Official. 5 _..�.>—. �.. I I, i,l ulllll lel X11" I1 7r"-— - I II li I III I 1 ILII (18) This permit shall not be effective for any purpose until a duly authorized representative of the applicant of the u, i l!h property involved has filed, at the office of Diamond Bar Community Development Department, his affidavit,b' stating that the applicant is aware of, and accepts all the conditions of this permit; (19) That three copies of the revised plot plan and a furniture, fixtures, and equipment (FF&E ) plan marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. (20) That the applicant must, comply at all times with all State, City, Zone C -2 -BE, CUP 87-411, Engineering Department, and Building and Safety Department requirements. (21) This grant is valid for one year and must be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. 8. The Planning Commission Secretary Shall: 0, (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt request, to: Edwin Chon and Dong Min Lee at the address as set forth on the Application. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER, 1992 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR Bruce Flamenbaum, Chairman 6 ... „,.•, r,.,... I, James DeStefano, 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 23RD day of November, 1992, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Grothe, McBride, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Li ABSTAIN: COMMISSIOiMames S: ATTEST: VV DeStefana, Secretary 7