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HomeMy WebLinkAboutPC 2004-33(PLANNING COMMISSION RESOLUTION NO. 2004-33 A RESOLUTION OF THE PLAI DIAMOND BAR APPROVING 0 AND CATEGORICAL EXEMPT] STUDIO THAT IS OPERATING V APPROVAL. THE DANCE STUI SHOPPING CENTER IDENTI SHOPPING CENTER. THE PRO DIAMOND BAR BOULEVARD, I A. RECITALS. DING COMMISSION OF THE CITY OF NDITIONAL USE PERMIT NO. 2004-02 N, TO PERMIT AN EXISTING DANCE THOUT A CONDITIONAL USE PERMIT 10 IS LOCATED WITHIN AN EXISTING ED AS DIAMOND BAR VILLAGE ECT SITE IS LOCATED AT 355 SOUTH AMOND BAR, CALIFORNIA. The property owner, Kensington Diamond Bar and applicant, Jin Chen has filed an application for Conditional Use Permit No. 2004-02 and categorical exemption for a property located at 355 South Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Applicata n 2. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on July 30, 2004. Public hearing notices were mailed to approximately 244 property owners of record within a 700 -foot radius of the project on July 23, 2004. Furthermore, the prof ct site was posted with a display board and the public notice was posted in hree public places on July 29, 2004. 3. The Planning Commission of the City of Diamond Bar on August 10, 2004, conducted and concluded 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: This 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 Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission having considered the reo below, and changes and ali conditioned upon the propo evidence before this Plannii will have the potential of habitat upon which the wildl this Planning Commission h contained in Section 753. Regulations. 4. Based on the findings Commission hereby finds hereby specifically finds and determines that, )rd as a whole including the findings set forth orations which have been incorporated into and ,ed project set forth in the application, there is no ig Commission that the project proposed herein n adverse effect on wild life resources or the fe depends. Based upon substantial evidence, :reby rebuts the presumption of adverse effects 5 (d) of Title 14 of the California Code of conclusions set forth herein, this Planning follows: (a) The project relates to an existing shopping center identified as Diamond Bar Village ocated at the northwest corner of Diamond Bar Boulevard and Golden Springs Drive at 355 South Diamond Bar Boulevard. The project site is approximate eight acres divided among four parcels which contain a total of approximately 67,000 square feet of structure. The shopping center provides a wide range of uses and services for the Diam nd Bar residents (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designatic n for the project site is Community Commercial (C-2) Zone. (d) Generally, the following zones and use surround the project site: To the north is the Regional Commercial (C-3) Zone; to the south is the Multiple Residence ( -3-1 U) Zone, Lorbeer Junior High School and Mount Calvary Lutheran Church; to the east is the C-2 Zone and Single -Family Reside tial -Minimum Lot Size 10,000 Square Feet (R-1-10,000) zones; a id to the west is the Single -Family Residence - Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. (e) Pursuant to Develop nent Code Sections 22.58 and 22.10.030 - Table 2-6, this applic ition is a request to obtain the appropriate permits for an existing business operating as a dance studio without the required Condition I Use Permit approval. The applicant leases a unit of approximately 9 5 square feet which consists of a dance floor, restroom and changing room. This application does not propose changes to the exterio of the leased unit. Conditional Use Permit (f) The proposed use approval of a C applicable provisic Code; allowed within the subject zoning district with the iditional Use Permit complies with all other S of the Development Code and the Municipal The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. Jin's Dance Studio has been operational since ap roximately November2002 without the benefit of a Conditional Use P qrmit approval. The dance studio is permitted in the C-2 Zone with a Conditional Use Permit approval and as conditioned herein v ill comply with all other applicable provisions of the Development C de and the Municipal Code. (g) The proposed use s consistent with the General Plan and any applicable specific p an; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed dance studio is considered a service use which is consistent with t General Plan land use designation for the project site. A specif plan does not exist for the project site or area. (h) The design, locatio , size and operation characteristics of the proposed use are ccpatible with the existing and future land uses in the vicinity; The project site is approximately eight acres and developed with an existing shopping ce iter of approximately 67,000 square feet of structure with landsca ing and approximately 380 parking stalls. The dance studio which s doing business without a Conditional Use Permit approval occupies a unit of approximately 955 square feet. No additional square foo age will be added to the project unit and the shopping center will n t change physically in any way. Parking for the dance studio is based on use and square footage. According to the Development Code, the proposed dance studio will require approximately five parking spaces. The shopping center has a reciprocal parking arid access agreement. The existing uses, vacancies and the pro osed project with their hours of operation and peak hours of operati n have been considered in a shared parking study prepared by i_in Consulting, Inc., dated November 2002. The 3 parking study inclu ed Jin's Dance Studio. Pursuant to the City's Development Code, the study utilized a parking requirement of one space for 200 square feet of gross floor area for the dance studio and concluded that the iumber of parking spaces provided within the shopping center was adequate for all existing uses and vacancies calculated as retail. Since that time, three vacant units have been leased to Dream Dinners, The Gourmet Essentials and Bob Huff for a campaign office. Dream Dinners and The Gourmet Essentials utilized parking spaces ata r do of one space for every 250 gross square feet of floor area which i3 the ratio used for retail uses. The Bob Huff campaign office utilizes parking spaces at a ratio of one space for every 400 gross square feet of floor area which is the ratio used for administrative office. As a result, staff believes that the 380 parking spaces provided w thin the shopping center are adequate to accommodate exis ing uses including Jin's Dance Studio. Additionally, staff hE s not received any complaints related to a deficiency in the nu nber of parking spaces provided within this shopping center. Tit e only employee is the dance instructor, Jin Chen. The class sch dule varies from day to day as follows: D aiOa. rnfn Evenin 0:00a. -11:30 a.m.8:00P.M. -10:ODP.M. T2.00 12.00 .m. nm�5-30.m. 12:00 .m. 8:00 .m. �-10:00 .m. 12:00 .m.fi:00 .m. -9:309:00 m. 12:00 .m. It is notanticipated th t the listed hours of operation will negatively impact other uses within the shopping center. According to the applicant, the number of students varies from five to eight per class. There are recitals and performances for the students, but none will take place at the project location. Music is provided for the dance class by a C D or cassette player. There is no stage in the :lassroom. The applicant believes that the dance studio will enhance ;ultural knowledge in hinese dance as well as the health and well- )eing of the common ty. Therefore, the design, location, size and )peration characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. , Fhe subject site is phyE ically suitable for the type and density/intensity )f use being propos ad including access, provision of utilities, ;ompatibility with adjoining land uses and the absence of physical �onstralnts; The dance studio, as referenced above in Items (f) and (h), meets the required development standards for C-2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the Project site. Access to the shopping center is existing and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with a joining land uses and the absence of physical constraints {j) Granting the Condi ional Use Permit will not be detrimental to the public interest, healt , safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (j), the dance studio as conditioned herein will meet the Clty's minimum development standards. Furtherrnore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutionand requirements set forth by the City's Building and Safety Division. Therefore, 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. (k) The proposed proje t has been reviewed in compliance with the provisions of the Cali ornia Environmental Quality Act (CEQA); Pursuant to the pro (CEQA) of 1970, thereunder, this Section 15301ofA► of Regulations. 5. Based on the findings Commission hereby al conditions: ins of the California Environmental QualityAct amended and the guidelines promulgated Qct is categorically exempt pursuant to 19 of Chapter 3 of Title 14 the Califomia Code conclusions set forth above, the Planning s the Application subject to the following (a) The project shall sub tantially conform to a site plan and floor plan labeled as Exhibit "A" dated August 10, 2004, as submitted, amended herein and approved by the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of 5 (d) the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a 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. Property owner/appliant shall remove the public hearing notice board within three days of t is project's approval. No amplified musicr sound shall be permitted. Applicant shall comply with the City' noise standards. (e) Hours of operation st Da sEm Sunday Monda Tuesday 1 be as follows: 1:30 2:00 D. M. Afternoon P.M. —10:00 P.M. ti:00 .m. —10 :0 Frida 10:00 a.m —12:00 .m. 6:00 .m. —9:30 Saturda 9:00 a.m. 12:00 .m. 4:00 .m. — 5:30�M. If the applicant desires to modify the hours of operation, the modified hours of operation sha I be presented to the Planning staff for review and approval. (f) 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 revo a or modify the Conditional Use Permit. (g) Prior to final ins appropriate handic (h) Prior to issuance of an summit a revised site p parking lot to building the City's review and a percent cross slope. on, applicant/property owner shall install �d signs. City permits, applicant/property owner shall n delineating (striping) the path of travel from d path of travel from the curb to building for )roval. Path of travel shall not exceed a two (i) Plans shall conform to State and Local Building Codes (i.e., 2002 editions of the CAL. Building Code, Plumbing Code, Mechanical Code, and National Electrical Code) as well as the State Energy Code. (j) Prior to issuance of any City permits, the applicant shall submit plans to the Los Angeles County Fire Department for review and approval. (k) Changing room anc restroom shall be handicapped equipped and accessible. (I) This grant is specifically for a dance studio identified as "Din's Dance Studio". In the future, if a use that is more intense and requires a Conditional Use Permit leases the dance studio unit, a new Conditional Use Permit shall be submitted to the Planning Commission for review and approval prior to commencing business. (m) Applicant is required to obtain all appropriate permits for the dance studio including the Certificate of Occupancy and signs within 30 days of this grant's approval. (n) This grant shall not tie effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (1 5) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant, Further, #his grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (o) 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 7 (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Kensington Diamond Bar, 17542 E. 17'�Street, Suite 420, Tustin, CA 90503 and Jin Chen, 355 S. Diamond Bar Boulevard, Diamond Bar, CA 91765 APPROVED AND ADOP ED THIS 10TH OF AUGUST 2004, BY THE PLANNING COMMISSION OF THE C i OF DIAMOND BAR. M Dan Nolan, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, nd adopted by the Planning Commission of the City of Diamond Bar, at a regular meetin I of the Planning Commission held on the 10th day of August 2004, by the following vot AYES: Commissioners: Tye, McManus, Low, V/C Tanaka, C/Nolan NOES: Commissioners: None. ABSENT: Commissioners: ABSTAIN: Commissioners: (None. ATTEST: James DeStefa o, Secretary IE PPLANNIN RESOLU7 G COMMISSION ION NO. 2004-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING Ccl AND CATEGORICAL EXEMPTI 0 STUDIO THAT IS OPERATING W APPROVAL. THE DANCE STU( SHOPPING CENTER IDENTIF SHOPPING CENTER. THE PROS DIAMOND BAR BOULEVARD, D A. RECITALS. The property owner, Kensir filed an application for Cona exemption for a property I Diamond Bar, Los Angeles the subject Conditional U; referred to as the "Applicati 2. Notification of the public h Gabriel Valley Tribune an— July 30, 2004. Public hea property owners of record w 2004. Furthermore, the proj public notice was posted in 3. The Planning Commission 1NDITIONAL USE PERMIT NO. 2004-02 N, TO PERMIT AN EXISTING DANCE ITHOUT A CONDITIONAL USE PERMIT 10 IS LOCATED WITHIN AN EXISTING IED AS DIAMOND BAR VILLAGE ECT SITE IS LOCATED AT 355 SOUTH AMOND BAR, CALIFORNIA. gton Diamond Bar and applicant, Jin Chen has litional Use Permit No. 2004-02 and categorical cated at 355 South Diamond Bar Boulevard, ounty, California. Hereinafter in this Resolution, e Permit and categorical exemption shall be n". aring for this project was provided in the San Inland Valley Daily Bulletin newspapers on ing notices were mailed to approximately 244 thin a 700 -foot radius of the project on July 23, act site was posted with a display board and the hree public places on July 29, 2004. f the City of Diamond Bar on August 10, 2004, conducted and concluded a—duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found Commission of the City of Diamon 1. This Planning Commission forth in the Recitals, Part A, 2. determined and resolved by the Planning Bar as follows: m ereby specifically finds that all of the facts set 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 Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated t ereunder, pursuant Section 15301 of Article 19 of Chapter 3 of Title 14 the alifornia Code of Regulations. 3. The Planning Commission having considered the rec Regulations. p hereby specifically finds and determines that, rd as a whole including the findings set forth :rations which have been incorporated into and ,ed project set forth in the application, there is no g Commission that the project proposed herein i adverse effect on wild life resources or the d habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission h reby rebuts the presumption of adverse effects contained in Section 753. (d) of Title 14 of the California Code of will have the potential of evidence before this Planni conditioned upon the propo below, and changes and a 4. Based on the findings an Commission hereby finds a (a) The project relates Diamond Bar Village Boulevard and Goldi Boulevard. The projec four parcels which coi of structure. The shot services for the Diam (b) The General Plan Ian Commercial (C). conclusions set forth herein, this Planning follows: to an existing shopping center identified as ocated at the northwest corner of Diamond Bar n Springs Drive at 355 South Diamond Bar t site is approximate eight acres divided among tarn a total of approximately 67,000 square feet ping center provides a wide range of uses and nd Bar residents use designation for the project site is General (c) The zoning designatidn for the project site is Community Commercial (C-2) Zone. (d) Generally, the followir the north is the Regioi Multiple Residence (F Mount Calvary Luther Single -Family Reside (R-1-10,000) zones; a Minimum Lot Size 8,0 —g zones and use surround the project site: To ial Commercial (C-3) Zone; to the south is the -3-1 U) Zone, Lorbeer Junior High School and an Church; to the east is the C-2 Zone and itial-Minimum Lot Size 10,000 Square Feet id to the west is the Single -Family Residence - )0 Square Feet (R-1-8,000) Zone. (e) Pursuant to Develop ent Code Sections 22.58 and 22.10.030 - Table 2-6, this applic tion is a request to obtain the appropriate permits for an existing business operating as a dance studio without the required Condition I Use Permit approval. The applicant leases a unit of approximately 9 5 square feet which consists of a dance floor, restroom and changing room. This application does not propose changes to the exterio of the leased unit. Conditional Use Permit (f) The proposed use is approval of a Co applicable provision Code; allowed within the subject zoning district with the iditional Use Permit complies with all other s of the Development Code and the Municipal (9) being proposed fora operational since apj a Conditional Use P the C-2 Zone with conditioned herein v the Development Cc The purpose of the 'surrounding Use Permit is to provide a process for reviewing specified ctivities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before particular location. Jin's Dance Studio has been roximately November2002 without the benefit of rmit approval. The dance studio is permitted in a Conditional Use Permit approval and as 71 comply with all other applicable provisions of de and the Municipal Code. The proposed use )s consistent with the General Plan and any applicable specific plan; The project site has General Plan land use designation of General Commercial (C) whi h provides for the establishment of regional, freeway -oriented, a d/or community retail and service commercial uses. The proposed dance studio is considered a service use which is consistent with t General Plan land use designation for the project site. A specif plan does not exist for the project site or area. (h) The design, locatio , size and operation characteristics of the proposed use are co patible with the existing and future land uses in the vicinity; The project site is ap roximately eight acres and developed with an ter of approximately 67,000 square feet of existing shopping center with landsca structure ping and approximately 380 parking stalls. The dance studio which is doing business without a Conditional Use Permit approval occupies a unit of approximately 955 square feet. No additional square footage will be added to the project unit and the shopping center will not change physically in any way. Parking for the dance According to the Deve require approximately reciprocal parking ar vacancies and the pro peak hours of operati study prepared by Lin studio is based on use and square footage. lopment Code, the proposed dance studio will five parking spaces. The shopping center has a d access agreement. The existing uses, osed project with their hours of operation and n have been considered in a shared parking Consulting, Inc., dated November 2002. The parking study inclu ed Jin's Dance Studio. Pursuant to the City's Development Code, the study utilized a parking requirement of one space for 200 squar feet of gross floor area for the dance studio and concluded that the humber of parking spaces provided within the shopping center wa adequate for all existing uses and vacancies (i) Additionally, staff h s not received any complaints related to a deficiency in the nu ber of parking spaces provided within this shopping center. T e only employee is the dance instructor, Jin Chen. The class sch dule varies from day to day as follows: accommodate exis ing uses including Jin's Dance Studio. campaign office utili es parking spaces at a ratio of one space for every 400 gross squ re feet of floor area which is the ratio used for administrative office. As a result, staff believes that the 380 parking spaces provided w thin the shopping center are adequate to calculated as retail. Since that time, three vacant units have been leased to Dream Din ers, The Gourmet Essentials and Bob Huff for a campaign office. Dre m Dinners and The Gourmet Essentials utilized parking spaces at a ratio of one space for every 250 gross square feet of floor area which i the ratio used for retail uses. The Bob Huff Days M rnin Afternoon Evening Sunday 10:00 a.m -11:30 a.m. 8:00 P.M. -10:00 P.M. Monday 10:00a.m. 12:00 p.m. Tuesday Wednesday 10:00 a.m 12:00 p.m. Thursday 8:00 p.m. -10:00 P.M. Friday 10:00 a.m. 12:00 m. 6:00 p.m. -9:30 p.m. Saturda 9:00 a.m. 12:00 p.m. 4:00 p.m. - 5:30 P.M. It is not anticipated th t the listed hours of operation will negatively impact other uses within the shopping center. According to the appli ant, the number of students varies from five to eight per class. There re recitals and performances forthe students, but none will take plac at the project location. Music is provided for the dance class by a D or cassette player. There is no stage in the classroom. The applic nt believes that the dance studio will enhance cultural knowledge in hinese dance as well as the health and well- being of the commun ty. Therefore, the design, location, size and operation characteristi s of the proposed use are compatible with the existing and future Ian uses in the vicinity. The subject site is phy ically suitable for the type and density/intensity of use being propos d including access, provision of utilities, compatibility with adjo ning land uses and the absence of physical constraints; The dance studio, G) constraints compatibility with a use being propo subject site is physi proposed use does project site. Acce s referenced above in Items (f) and (h), meets the nt standards for C-2 zone with a Conditional Use itioned in this resolution will be compatible with land uses. Provisions for utilities exist at the existing and future required developm Permit and as con s to the shopping center is existing and the not require access modification. As a result, the ally suitable for the type and density/intensity of ed including access, provision of utilities, joining land uses and the absence of physical Granting the Condit public interest, healt persons, property, o in which the propertrt ional Use Permit will not be detrimental to the n, safety, convenience, or welfare, or injurious to r improvements in the vicinity and zoning district I is located; As referenced abov conditioned herein standards. Further proposed project is approved resolution and Safety Division. will not be detrim convenience, or w improvements in the is located. e in Items (f) through (j), the dance studio as will meet the City's minimum development ore, prior to the issuance of any City permits, the equlred to comply with all conditions within the nd requirements set forth by the City's Building Therefore, granting the Conditional Use Permit ntal to the public interest, health, safety, (fare, or injurious to persons, property, or vicinity and zoning district in which the property (k) The proposed project has been reviewed in compliance with the provisions of the Cali ornia Environmental Quality Act (CEQA); Pursuant to the provi ions of the California Environmental QualityAct (CEQA) of 1970, a amended and the guidelines promulgated thereunder, this p ject is categorically exempt pursuant to Section 1530 1 ofArti le 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings an conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall sub labeled as Exhibit "A" herein and approved s tantially conform to a site plan and floor plan ated August 10, 2004, as submitted, amended y the Planning Commission. (b) The site shall be maintained in a condition, which is free of debris both during and after toe construction, addition, or implementation of the entitlement gran (c) (d) (e) M (9) services. has obtained permit ed herein. The removal of all trash, debris, and g or subsequent to construction shall be done owner, applicant or by a duly permitted waste een authorized by the City to provide collection, disposal of solid waste from residential, tion, and industrial areas within the City. It shall gation to insure that the waste contractor utilized be the applicant's obl commercial, constru transportation, and contractor, who has only by the property refuse, whether duri from the City of Diamond Bar to provide such Property owner/applicant shall remove the public hearing notice board within three days of tis project's approval. No amplified music r sound shall be permitted. Applicant shall U comply with the City's noise standards. Hours of operation shall be as follows: Days M rnin Afternoon Evenin Sunday 10:00 a.m .-1 1:30 8:00 P.M. -10:00 P.M. a.m. Monday 10:00a.m. 12:00 p.m. Tuesday Wednesday 10:00 a.m -12:00 m. Thursday 8:00 p.m. -10:00 P.M. Friday 10:00 a.m -12:00 .m. 6:00 p.m. -930 .m. Saturda 9:00 a.m. 12:00 p.m. 4:00 .m. - 5:30 .m. If the applicant desires—to modify the hours of operation, the modified hours of operation sha I be presented to the Planning staff for review and approval. 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. Prior to final inspection, applicant/property owner shall install appropriate handicapped signs. (h) Prior to issuance of an City permits, applicant/property owner shall summit a revised site pl n delineating (striping) the path of travel from parking lot to building and path of travel from the curb to building for the City's review and a proval. Path of travel shall not exceed a two percent cross slope. (i) U) (k) (I) (m) (n) (0) Code, and Nationa Code. editions of the CA Plans shall confor Prior to issuance of to the Los Angeles Changing room an accessible. Commission for revi Conditional Use Studio". In the futu Conditional Use P This grant is specifi of this grant's appro Applicant is require studio including the and owner of the pro filed, within fifteen (1 This grant shall not to State and Local Building Codes (i.e., 2002 Building Code, Plumbing Code, Mechanical Electrical Code) as well as the State Energy ny City permits, the applicant shall submit plans ounty Fire Department for review and approval. restroom shall be handicapped equipped and ally for a dance studio identified as "Din's Dance e, if a use that is more intense and requires a rmit leases the dance studio unit, a new ermit shall be submitted to the Planning w and approval prior to commencing business. to obtain all appropriate permits for the dance ertificate of Occupancy and signs within 30 days al. e effective for any purpose until the permittee erty involved (if other than the permittee) have days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, fees for the review of the permittee pays r conditions of this gra their aff idavit stating t at they are aware of and agree to accept all the t. Further, this grant shall not be effective until maining City processing fees, school fees and submitted reports. ish and Game determines that Fish and Game pplies to the approval of this project, then the to the City, within five days of this grant's heck of $25.00 for a documentary handling fee and Game Code requirements. Furthermore, empt from a filing fee imposed because the a deminimis impact on fish and wildlife, the y to the Department of Fish and Game any applicant shall also p such fee and any fine project has more tha if this project is not in connection with Fis approval, a cashier's applicant shall remit If the Department of Code Section 711.4 The Planning Commission shall: hich the Department determines to be owed. (a) Certify to the adoptions of this Resolution; and (b) Bar, CA 91765 Forthwith transmit a certified copy of this Resolution, by certified mail, to: Kensington Dia and Bar, 17542 E. 17th Street, Suite 420, Tustin, CA 90503 and Jin then, 355 S. Diamond Bar Boulevard, Diamond APPROVED AND ADOP PLANNING COMMISSION OF THE C BY: I, James DeStefano, Planning Commissi Resolution was duly introduced, passed, City of Diamond Bar, at a regular meetin day of August 2004, by the following vot ED THIS 10TH OF AUGUST 2004, BY THE OF DIAMOND BAR. n Secretary, do hereby certify that the foregoing nd adopted by the Planning Commission of the of the Planning Commission held on the 10th AYES: Commissioners: rye, McManus, Low, V/C Tanaka, C/Nolan NOES: Commissioners: one. ABSENT: Commissioners: (None. ABSTAIN: Commissioners: (None. ATTEST: