HomeMy WebLinkAboutPC 2001-03PLANNING COMMISSION
RESOLUTION NO. 2001-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT
No. 2000-08, MINOR CONDITIONAL USE PERMIT
NO. 2000-22, AND CATEGORICAL EXEMPTION 15301(a), A
REQUEST TO MODIFY AN EXISTING RETAIL SUITE TO A
SHARED SPACE FOR KENDO MARTIAL ARTS STUDIO AND AN
ISSEN DEVELOPING -INTERIOR DESIGN BUSINESS, AND TO
APPROVE A MINOR CONDITIONAL USE PERMIT FOR A
DECREASE IN THE NUMBER OF REQUIRED OFF-STREET
PARKING SPACES FOR THE LEGAL NONCONFORMING SHOPPING
CENTER. THE PROJECT SITE IS 1403 S. DIAMOND BAR
BOULEVARD, DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. The property owner, JHC Investment, L.L.C., and
applicant, Kevin Kim, have filed an application for
Conditional Use Permit No. 2000-08 and Minor Conditional
Use Permit No. 2000-22 for a property located at
_ 1403 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles
County, California, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject
Conditional Use Permit, Minor Conditional Use Permit and
Categorical Exemption shall be referred to as the
"Application."
2. On December 22, 2000, 196 property owners within a
500 -foot radius of the project site were notified by
mail. On December 29, 2000, notification of the public
hearing for this project was provided in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin
newspapers and a notice of public hearing on a display
board was posted at the site and displayed for at least
10 days before the public hearing. Three other public
places were posted within the vicinity of the
application.
3. On January 9, 2001, the Planning Commission of the City
of Diamond Bar conducted a duly noticed public hearing on
the Application.
1
B. RESOLUTION
9'4'�11
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 that the
project identified above in this Resolution is
categorically exempt from the requirements of _the
California Envi_-onmental Quality Act of 19'70 (CEQA) and
guidelines _w o::-:,;lgated thereunder. This is pursuant to
Section 15301(a) of Article 19 of Chapter 3, '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.
4. Based upon the findings and conclusions set forth herein,
this Planning Commission, hereby finds as follows:
(a). The project relates to a suite at 1403 South Diamond
Bar Boulevard within an existing commercial
shopping center with mixed uses of community retail
and service. The project site is 2.92 acres.
(b) The General Plan Land Use designation of General
Commercial (C). The project site is zoned
Unlimited Commercial -Billboard Exclusion (C -3 -BE).
(c) Generally, the following zones and uses surround the
project site: Generally, the following zones
surround the project site: to the north is
Unlimited Commercial - Billboard Exclusion (C -3 -BE)
Zone; to the east and west is the Single Family
Residential Zone (R-01-8000); and to the south is
Limited Multiple Residential Zone (R -3-18U).
2
(d) The Application is a request to modify an existing
retail suite to a shared space for Kendo Martial
Arts Studio that requires Conditional Use Permit
approval with Issen Developing -interior design
business, and to approve a Minor Conditional Use
Permit for a decrease in the number of required
off-street parking spaces for the legal
nonconforming shopping center.
CONDITIONAL USE PERMIT/MINOR CONDITIONAL USE PERMIT
(e) 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 Table 2-6, Allowed Uses and Permit
Requirements for Commercial/Industrial Zoning
Districts, of the Development Code, a Martial Arts
Studio is permitted in the C -3 -BE Zone with the
review and approval of a Conditional Use Permit.
The Issen Developing -interior design business is
permitted with a Zoning Clearance. As conditioned
and with the approval of a Minor Conditional Use
Permit for a decrease in the number of required
off-street parking spaces for the legal
nonconforming shopping center, the proposed uses
will comply with all other applicable provisions of
the Development Code and Municipal Code.
(f) The proposed use is consistent with the General Plan
and any applicable specific plan.
The project site has a General Plan land use
designation of General Commercial (C). Pursuant to
the General Plan, this land use designation
provides for regional, freeway oriented, and/or
community retail and service commercial uses. The
proposed project is considered a service commercial
use and as such is consistent with the General
Plan. As there is no change to the site's exterior
configuration, the current site's architectural
style, construction materials and colors are
consistent and compatible with the surrounding
commercial sites. Therefore, the design and layout
of the proposed project is consistent with the
applicable elements of the City's General Plan.
Additionally, a specific plan does not exist for
the project site.
3
The proposed uses are within an existing legal
nonconforming commercial center processed by the
County of Los Angeles. The parking requirements do';'iihiP.i'
sl'i lb
not meet the current Diamond Bar Development Code
for the proposed intensification of use for a
Martial Arts Studio. Pursuant to Development Code
Section 22.68.030D(2)(c), nonconforming structures
with parking space deficiencies shall be permitted
to be occupied by new allowed uses provided that
the new use will' be underparked by 25 percent or
more and a parking study has been prepared to
determine the required number of parking spaces.
In this case, a Shared, Parking Analysis for the
subject site was prepared by a registered traffic
engineer based on site observations and Development
Code parking standards and uses. This Analysis was
approved by the City's Traffic Engineer to provide
adequate parking spaces on site for the current
business uses and the proposed Kendo Martial Arts
Studio and Issen Developing -interior design
business.
(g) The design, location, size and operating
characteristics of the proposed use are compatible
with the existing and future land uses in the
vicinity. p
The proposed uses are within an existing legal
nonconforming commercial center processed by Los
Angeles County that does not meet the current
Development Codes parking requirements.
In accordance with Development Code
Section 22.68.030D(2)(c), nonconforming structures
with parking space deficiencies shall be permitted
to be occupied by new allowed uses provided that
the new use will be underparked by 25 percent or
more and a parking .study has been prepared to
determine the required number of parking spaces.
In this case, a Shared Parking Analysis for the
subject site was prepared by a registered traffic
engineer based on site observations and Development.
Code parking standards and uses. This Analysis was
approved by the City's Traffic Engineer and
determined the required on-site parking adequate
for the current businesses and proposed uses.
G
There are no changes, expansion, or structural
alterations to this existing legal nonconforming
structure. The existing site of the proposed
project is within the Unlimited Commercial -
r
4
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r—
Billboard Exclusion Zone (C -3 -BE). The C -3 -BE Zone
permits a martial arts studio with the approval of
a Conditional Use Permit and Issen Developing -
interior design business with a Zoning Clearance.
Both are conforming uses. There is no change to
the site's exterior configuration, and the current
site is adequate in size and shape except for the
parking requirements.
(h) The subject site is physically suitable for the type
and density/intensity of use being proposed
including access, provisions of utilities,
compatibility with adjoining land uses, and the
absence of physical constraints.
As referenced in Item (g) above, the proposed
project involves the opening of a martial arts
studio and Issen Developing -interior design
business. Though the current Development Code
requires a Conditional Use Permit review and
approval for the martial arts use, the use does not
alter the physical appearance of the structure
except for the parking requirement. The proposed
project would be permitted with the appropriate
approvals. Access for the site is existing and is
adequate. Utilities are existing and are adequate
to serve the proposed use.
Pursuant to the Development Code a Shared Parking
Analysis was completed for the subject site and
approved by the City's Traffic Engineer
substantiating adequate parking spaces on-site for
the current business uses and the proposed'Kendo
Martial Arts Studio and Issen Developing -interior
design business.
(i) Granting the Conditional Use Permit will not be
detrimental to the public interest, health, safety,
convenience, or welfare, or materially injurious to
person, property or improvements in the vicinity
and zoning districts in which the property is
located.
Though this is an existing facility, permits will be
required for interior tenant improvements and
business licenses. The Shared Parking Analysis
Reports and the operational conditions listed
within this resolution will ensure that the
facility will not be detrimental to the public
interest, health, safety, convenience, or welfare,
of the City.
5
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(j) The proposed project has been reviewed in compliance
with the provisions of the California Environmental
Quality Act (CEQA).
The environmental evaluation shows that the proposed
project is Categorically Exempt pursuant to the
guidelines of the California Environmental Quality
Act of 1970 (CEQA), Section 15301(a).
5. Based upon the findings and conclusion set forth above,
the Planning Commission hereby approves this Application
subject to the following conditions:
(a) The project shall substantially conform to site
plan, and floor plans collectively labeled as
Exhibit "A" dated January 9, 2001, as submitted and
as amended herein.
(b) The shopping center site shall be cleaned and
maintained in a condition that is free of debris
both during and after the implementation of the
entitlement granted herein. The removal of all
trash, debris, and refuse, shall be done only by
the property owner, applicant or by duly permitted
waste contractor, who has been authorized by the
City to provide collection, transportation, and
disposal of solid waste from residential,
commercial, construction, and industrial areas
within the City. It shall be the applicant's
obligation to insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(c) Employees of the Kendo Martial Arts Studio and Issen
Developing -interior design business shall utilize
parking in the rear of the shopping center.
(d) Regular hours of operation shall be limited to
between 4:00 p.m. and 9:00 p.m. Monday through
Friday for the Kendo Martial Arts Studio and
8:30 a.m. to 5:30 p.m. Monday through Friday for
Issen Developing -interior design business. Special
event operating hour's shall be reviewed and
permitted by the Planning Division.
(e) The Applicant shall comply with the requirements of
the Fire Department, Los Angeles County Business
License Department, Los Angeles County Health
Department, and City Planning, Building and Safety,
and Public Works Divisions. The Applicant shall be
6
i
_ in compliance with all requirements of said
agencies at all times and receive all licenses,
permits/inspection, and approvals prior to opening
for students.
ter,
(f) Prior to businesses opening, Applicant shall obtain
approvals and permits for signs currently on-site.
(g) Prior to businesses opening, Applicant shall obtain
building permits for interior tenant improvements.
(h) Pursuant to Development Code Section 22.76.020, the
Conditional Use Permit and Minor Conditional Use
Permit shall be subject to periodic review by the
Planning Commission. If non-compliance with
conditions of approval occurs, the Planning
Commission may review the Conditional Use Permit
and Minor Conditional Use Permit and additional
operational conditions may be added or revoked.
(i) This grant is valid for two (2) years and shall be
exercised (i.e., construction) within that period
or this grant shall expire. A one -(1) year -
extension may be approved when submitted to the
City in writing at least 60 days prior to the
expiration date. The Planning Commission will
consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of
the City of Diamond Bar Development Code.
(j) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community and
Development Services Department, their affidavit
stating that they are aware and agree to accept all
the conditions of this grant. Further, this grant
shall not be effective until the permittee pays
remaining City processing fees.
(k) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish
and Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis
impact on fish and wildlife, the applicant shall
rA
also pay to the Department of Fish and Game any
such fee and any fine which the Department
determines to be owed.
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 JHC
Investment, L.L.C., 3530 Wilshire Boulevard, #1440,
Los Angeles, CA 90010, and. Kevin Kim,
1410 S. Stonecrest Drive, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 9th DAY OF JANUARY, 2001, BY
THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve Nelson, Chairman
I, James DeStefano, 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 9th day of January, 2001, by the following vote:
AYES: VC Zirbes, Tye, Kuo, Chair Nelson
NOES:
ABSENT:
ABSTAIN: Ruzicka
ATTEST :'s'
Ja_es DeStef no, Secretary
C
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PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT No. 2000-08,
MINOR CONDITIONAL USE PERMIT No. 2000-22, AND CATEGORICAL
EXEMPTION 15301(a), A REQUEST TO MODIFY AN EXISTING RETAIL SUITE
TO A SHARED SPACE FOR KENDO 14ARTIAL ARTS STUDIO AND AN
ISSEN DEVELOPING- INTERIOR DESIGN BUSINESS, AND TO APPROVE A
MINOR CONDITIONAL USE PERMIT FOR A DECREASE IN THE NUMBER OF
REQUIRED OFF-STREET PARKING SPACES FOR THE LEGAL
NONCONFORMING SHOPPING CENTER. THE PROJECT SITE IS 1403 S.
DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, JHC Investment, L.L.C., and applicant, Kevin Kim, have filed an
application for Conditional Use Permit No. 2000-08 and Minor Conditional Use Permit No.
2000-22 for a property located at 1403 S. Diamond Bar Boulevard, Diamond Bar, Los
Angeles County, California, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit, Minor Conditional Use Permit and
Categorical Exemption shall be referred to as the "Application."
2. On December 22, 2000, 196 property owners within a 500 -foot radius of the project site were
notified by mail. On December 29, 2000, notification of the public hearing for this project
was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers and a notice of public hearing on a display board was posted at the site and
displayed for at least 10 days before the public hearing. Three other public places were
posted within the vicinity of the application.
3. On January 9, 2001, the Planning Commission of the City of Diamond Bar conducted a duly
noticed public"hearing on the Application.
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.
The Planning Commission hereby determines that the project identified above' in this
Resolution is categorically exempt from the requirements of -the California Er-,ri-
ronmental Quality Act of 1970 (CEQA) and guidelines 0-0-r+1 gated thereunder. This is
pursuant to Section 15301(a) of Article 19 of Chapter 3, 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 fo rth
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.
4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby
finds as follows:
(a). The project relates to a suite at 1403 South Diamond Bar Boulevard within an
existing commercial shopping center with mixed uses of community retail and
service. The project site is 2.92 acres.
(b) The General Plan Land Use designation of General Commercial (C). The project site
is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE).
(c) Generally, the following zones and uses surround the
project site: Generally, the following zones surround the project site: to the north
is Unlimited Commercial - Billboard Exclusion (C -3 -BE) Zone; to the east and
west is the Single Family Residential Zone (R-01-8000); and to the south is
Limited Multiple Residential Zone (R -3-18U).
(d) The Application is a request to modify an existing retail suite to a shared
space for Kendo Martial Arts Studio that requires Conditional Use Permit
approval with Issen Developing -interior design business, and to approve a
minor Conditional Use Permit for a decrease in the number of required off-
street parking spaces for the legal nonconforming shopping center.
CONDITIONAL USE PERMIT/MINOR CONDITIONAL USE PERMIT
(e) 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 Table 2-6, Allowed Uses and Permit Requirements for
Commercial/Industrial Zoning Districts, of the Development Code, a
Martial Arts Studio is permitted in the C -3 -BE Zone with the review and
approval of a Conditional Use Permit. The Issen Developing- interior
design business ispermitted with a Zoning Clearance. As conditioned and
with the approval of a Minor Conditional Use Permit for a decrease in the
number of required off-street parking spaces for the legal nonconf orming
shopping center, the proposed uses will comply with all other applicable
provisions of the Development Code and Municipal Code.
(f) The proposed use is consistent with the General Plan and any applicable
The project site has a General Plan land use designation of General
Commercial (C). Pursuant to the General Plan, this land use designation
provides for regional, freeway oriented, and/or community retail and
service commercial uses. The proposed project is considered a service
commercial use and as such is consistent with the General Plan. As there
is no change to the site's exterior configuration, the current site's
architectural style, construction materials and colors are consistent and
compatible with the surrounding commercial sites. Therefore, the design
and layout of the proposed project is consistent with the applicable
elements of the City's General Plan. Additionally, a specific plan does not
exist for the project site.
The proposed uses are within an existing legal nonconforming commercial
center processed by the County of Los Angeles. The parking requirements
do not meet the current Diamond Bar Development Code for the proposed
intensification of use for a Martial Arts Studio. Pursuant to Development
Code Section 22.68.03OD(2)(c), nonconforming structures with parking -
space deficiencies shall be permitted to be occupied by new allowed uses
provided that the new use will' be underparked by 25 percent or more and
a parking study has been prepared to determine the required number of
parking spaces. In this case, a Shared Parking Analysis for the subject
site was prepared by a registered traffic engineer based on site
observations and Development Code parking standards and uses. This
Analysis was approved by the City's Traffic Engineer to provide adequate
parking spaces- on site for the current business uses and the proposed
Kendo Martial Arts Studio and Issen Developing -interior design business.
(g) 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 uses are within an existing legal nonconforming
commercial center processed by Los Angeles County that does not meet
the current Development Codes parking requirements.
In accordance with Development Code Section 22.68.03OD(2)(c),
nonconforming structures with parking space deficiencies shall be
permitted to be occupied by new allowed uses provided that the new use
will be underparked by 25 percent or more and a parking study has been
prepared to determine the required number of parking spaces. In this
case, a Shared Parking Analysis for the subject site was prepared by a
registered traffic engineer based on site observations and Development.
Code parking standards and uses. This Analysis was approved by the
City's Traffic Engineer and determined the required on-site parking
adequate for the current businesses and proposed uses.
There are no changes, expansion, or structural alterations to this existing legal
nonconforming structure. The existing site of the proposed project is within the Unlimited
Commercial
Billboard Exclusion Zone (C -3 -BE). The C -3 -BE Zone permits a martial
arts studio with the approval of a Conditional Use Permit and Issen
Developinginterior design business with a Zoning Clearance. Both are
conforming uses. There is no change to the site's exterior configuration,
and the current site is adequate in size and shape except for the parking
requirements.
(h) The subject site is physically suitable for the type
and density/intensity of use being proposed including access, provisions of
utilities, compatibility with adjoining land uses, and the ,absence of
physical constraints.
As referenced in Item (g) above, the proposed project involves the
opening of a martial arts studi-o and Issen Developing -interior design
business.- Though the current Development Code requires a Conditional
Use Permit review and approval for the martial arts use, the use does not
alter the physical appearance of the structure except for the parking
requirement. The proposed project would be permitted with the
appropriate approvals. Access for the site is existing and is adequate.
Utilities are existing and are adequate to serve the proposed use.
Pursuant to the Development Code a Shared Parking Analysis was
completed for the subject site and approved by the City's Traffic Engineer
substantiating adequate parking spaces on-site for the current business
uses and the proposed'Kendo Martial Arts Studio and Issen Developing -
interior design business.
(i) Granting the Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or materially injurious to
person, property or improvements in the vicinity and zoning districts in
which the property is located.
Though this is an existing facility, permits will be required for interior
tenant improvements and business licenses. The Shared Parking Analysis
Reports and the operational conditions listed within this resolution will
ensure that the facility will not be detrimental to the public interest, health,
safety, convenience, or welfare, of the City.
1 1H,IHT- a -H
Q) The proposed project has been reviewed in compliance with the provisions—of the
California Environmental Quality Act (CEQA).
The environmental evaluation shows that the proposed project is
Categorically Exempt pursuant to the guidelines of the California
Environmental Quality Act of 1970 (CEQA), Section 15301(a).
5. Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
(a) The project shall substantially conform to site plan, and floor plans
collectively labeled as Exhibit "A" dated January 9, 2001, as submitted
and as amended herein.
(b) The shopping center site shall be cleaned and maintained in a condition that
is free of debris both during and after the implementation of the
entitlement granted herein. The removal of all trash, debris, and refuse,
shall be done only by the property owner, applicant or by duly permitted
waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be
the applicant's obligation to insure that the waste contractor utilized has
obtained permits from the City of Diamond Bar to provide such services.
(c) Employees of the Kendo Martial Arts Studio and Issen Developing- interior
design business shall utilize parking in the rear of the shopping center.
(d) Regular hours of operation shall be limited to between 4:00 p.m. and 9:00
p.m. Monday through Friday for the Kendo Martial Arts Studio and 8:30
a.m. to 5:30 p.m. Monday through Friday for Issen Developing -interior
design business. Special event operating hour's shall be reviewed and
permitted by the Planning Division.
(e) The Applicant shall comply with the requirements of the Fire Department, Los Angeles
County Business License Department, Los Angeles County Health Department, and
City Planning, Building and Safety, and Public Works Divisions. The Applicant shall be 6
in compliance with all requirements of said agencies at all times and
receive all licenses, permits/inspection, and approvals prior to opening for
students.
(f) Prior to businesses opening, Applicant shall obtain approvals and permits for
signs currently on-site.
(g) Prior to businesses opening, Applicant shall obtain building permits for
(h) Pursuant to Development Code Section 22.76.020, the Conditional Use
Permit and Minor Conditional Use Permit shall be subject to periodic
review by the Planning Commission. If non-compliance with conditions of
approval occurs, the Planning Commission may review the Conditional
Use Permit and Minor Conditional Use Permit and additional operational
conditions may be added or revoked.
(i) This grant is valid for two (2) years and shall be exercised (i.e., construction)
within that period or this grant shall expire. A one -(I) yearextension may be
approved when submitted to the City in writing at least 60 days prior to the
expiration date. The Planning Commission will consider the extension
request at a duly noticed public hearing in accordance with Chapter 22.72
of the City of Diamond Bar Development Code.
Q) This grant shall not be effective for any purpose until the permittee and owner
of the property involved (if other than the permittee) have filed, within
fifteen (15) days of approval of this grant, at the City of Diamond Bar
Community and Development Services Department, their affidavit stating
that they are aware and agree to accept all the conditions of this grant.
Further, this grant shall not be effective until the permittee pays remaining
City processing fees.
(k) If the Department of Fish and Game determines that Fish and Game Code
Section 711.4 applies to the approval of this project, then the applicant
shall remit to the City, within five days of this grant's
-approval, a cashier's check of $25.00 for a documentary handling fee in
connection with Fish and Game Code requirements- Furthermore, if this
project is not exempt from a filing fee imposed because the project has
more than a deminimis impact on fish and wildlife, the applicant shall
also pay to the Department of Fish and Game any such fee and any fine
which the Department determines to be owed.
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 JHC
Investment, L.L.C., 3530 Wilshire Boulevard, #14dO, Los Angeles, CA
90010, and. Kevin Kim, 1410 S. Stonecrest Drive, Diamond Bar, CA
91765.
APPROVED AND ADOPTED THIS 9th DAY OF JANUARY, 2001, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: St ve Nelson, Chairman
I, James DeStefano, 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 9th
day of January, 2001, by the following vote:
AYES: VC Zirbes, Tye, Kuo, Chair Nelson Ruzicka
NOES: ABSENT:
ABSTAIN: ATTEST:
Ja
DeStef no, Secretary
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