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HomeMy WebLinkAboutPC 2006-27PLANNING COMMISSION RESOLUTION NO. 2006-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2006-04 AND CATEGORICAL EXEMPTION AND TERMINATING CONDITIONAL USE PERMIT NO. 2004-04, TO PERMIT A TAEKWONDO STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 21335 AND 21337 COLD SPRING LANE, DIAMOND BAR, CALIFORNIA A. RECITALS The property owner, Country Hills DB, LLCIMCC Realty Management, and applicant, YIC Taekwondo, have filed an application for Conditional Use Permit No. 2006-04 and categorical exemption for a property located at 21335 and 21337 Cold Spring Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On June 12, 2006, public hearing notices were mailed to approximately 417 property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. By June 14, 2006, the project site was posted with a display board. On June 15, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On June 27, 2006, the Planning Commission of the City of Diamond Bar 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(e) of Article 19 of Chapter 3 of Title 14 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Country Hills Town Center located at the 2800 block of South Diamond Bar Boulevard. The Taekwondo Studio will occupy units addressed as 21335 and 21337 Cold Spring Lane. The shopping center is approximately 18 acres divided into several parcels that contain a total of approximately 172,498 square feet of structure used for retail/commercial/office/restaurant. (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Restricted Business (C-2) zone in which the development standards for Community Commercial apply. (d) Generally, the following zones surround the project site: North: R-1-7,500; South: RPD -15U; East: R-1-20,000 and R-1-7, 500 zones; and West: R-1-7,500 zone. (e) Pursuant to Development Code Sections 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain the appropriate Conditional Use Permit to allow the operation of a Taekwondo studio that teaches the ancient Korean art of self-defense. The proposed studio is identified as YIC Taekwondo. The Taekwondo Studio was approved by the Planning Commission on September 14, 2004, via Conditional Use Permit No. 2004-04 and Planning Commission Resolution No. 2004-39. The Conditional Use Permit was approved only for Lot 6 of Parcel Map 18722 within Country Hills Towne Center. With the shopping center's remodeling, the Taekwondo Studio needs to be relocated. The Taekwondo Studio has moved from a unit of approximately 4,800 square feet to a unit of approximately 3,072 2 square feet. The unit will consist of the main gym, secondary gym, two restrooms, two locker rooms reception area, storage room and office. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The Taekwondo Studio is permitted in the C-2 zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. The Y1C Taekwondo studio was approved by the Planning Commission Planning Commission Resolution No. 2004-39. The Conditional Use Permit was approved only for Lot 6 of Parcel Map 18722 (2815 Diamond Bar Boulevard) within Country Hill Towne Center. With the remodeling of the shopping center, the Taekwondo Studio needs to be relocated. The application request is to relocate the existing Taekwondo Studio within Country Hills Towne Center. Due to the remodeling of the shopping center, the Taekwondo Studio made a quick move to 21335 and 21337 Cold Spring.) Since the original Conditional Use Permit was site specific within Country Hills Towne Center and the applicant has relocated, the original Conditional Use Permit must be termination and a new one approved. The new location of the Taekwondo Studio will not be a permanent location. When the remodeling of Country Hills Towne Center is completed, the Taekwondo Studio will be relocated again. Since the Condition Use Permit runs with the land, rather than locking the applicant to one particular parcel within a shopping center, staff will consider the shopping center as one cohesive site and allow the applicant to move to a different location within the shopping center when construction is completed with a Plot Plan approval by staff. (g) 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) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial 3 uses. The Taekwondo Studio is considered a service use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 18 acres and developed with an existing shopping center of approximately 172,498 square feet of structure with landscaping and approximately 1,012 parking stalls. The Taekwondo Studio will occupy a unit of approximately 3,072 square feet. The use will not cause the addition of square footage to the shopping center, nor will the relocation of the existing use change the shopping center physically. However, the reason for the relocation is that the shopping center is being remodeled. The new location is temporary until the remodeling is completed and the Taekwondo Studio has a permanent location within the shopping center. When the Country Hills Towne Center remodeling and construction of additional square footage was approved by the Planning Commission, a shared parking analysis was part of that review. The shared parking analysis considered a wide variety of uses (i.e., supermarket, retail, office, spa, restaurants, fast food, AAA office and medical offices) in its analysis. The results showed that the number of parking stalls needed at peak time (weekday at 1:00 p.m./weekend at 8:00 p.m.) is 1,003 parking stalls. It was agreed that the 1,012 parking stalls provided for the shopping center was adequate with a condition of approval that placed a cap on the maximum square footage for restaurants and outdoor dinning of 53,397 square feet. Pursuant to Development Code, it is required that 20 parking stalls be provided for the Taekwondo Studio. This is based on one parking stall for each 150 square feet of the 3,072 square feet unit occupied by the Taekwondo Studio. Since the Taekwondo Studio is an existing use and considered in the shared parking analysis, staff anticipates that the parking stalls provided at the shopping center will be adequate to continue to support the Taekwondo Studio. The applicant anticipates special events/exhibitions taking place once or twice a year. It will be required that the applicant obtain a Temporary Use Permit approval for special events as require by Development Code Section 22.50. 4 (i) 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 Taekwondo Studio, as referenced above in Items (t), (g) 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 exists and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensify of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints Q) 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; As referenced above in Items (t) through (i), the Taekwondo Studio as conditioned herein will meet the City's development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and 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 project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 9970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301(e) of Article 99 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 5 A. Planning Division (1) No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. (2) Hours of operation and operating characteristics shall be as follows: Days of Monday through Saturday; Closed on Sunday Operation Hours of 10:00 a.m. (for administrative duties); Classes - Operation 3:00 p.m. to 8:30 p.m. If the applicant desires to modify the hours of operation, the modified hours of operation shall be presented to the Planning Division staff for review and approval. (3) Since the original Conditional Use Permit No. 2004-04 was site specific (Lot 6 of Parcel Map No. 18722.) within Country Hills Towne Center and the applicant has relocated, the original Conditional Use Permit shall be terminated with the approval of Conditional Use Permit No. 2006-04. (4) The new location for the Taekwondo Studio is not permanent. When the remodeling of the shopping center is complete, the applicant shall submit a Plot Plan application for the permanent location of the Taekwondo Studio for Planning Division review and approval. (5) Within 15 days of this approval, the applicant shall obtain a Business Registration Certificate. B. Building and Safety Division (1) Plan shall meet all "B" occupancy requirements. (2) For plan check submittal, the applicant shall show compliance with Title 24 accessibility requirements for front counter, dressing rooms, van parking path of travel, restrooms, etc. (3) For plan check submittal, the applicant shall show exist, analysis, occupant load, exit width, exit signs, etc. (4) Prior to final inspection, applicant shall install appropriate handicapped signs. . [e 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: Country Hills DB, LLC, MCC Realty Management, 9595 Wilshire Blvd., #214, Beverly Hills, CA and Mr. Young In Cheon and Ann Cheon, 1129 Summitridge Drive., Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 27TH OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY. 4 (�[ Steve Nelson, Vice Chairman I, Nancy Fong, 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 27th day of June, 2006, by the following vote: AYES: Commissioners: Torng, Lee, Everett, VC/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-04 SUBJECT: Taekwondo Studio APPLICANT: Young In Cheon and Ann Cheon LOCATION: 21335 and 21337 Cold Spring Lane within CountHill Town Center 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 In accordance with Government Code Section 66474.9(b)(1), 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. 2006-04 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 attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the 3 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 the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-04 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever come first), as required bythe City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 9 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. 2006-04 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the: Planning Commission, collectively attached hereto as Exhibit "A" dated June 27, 2006, including: site plan and floor plan, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. 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. 3. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 10 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. If applicable and prior to the issuance of any permits, the applicant shall obtain the Fire Department approval and submitted verification of said approval to the City. - End of Conditions - 11 PLANNING COMMISSION RESOLUTION NO. 2006-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.2006-04AND CATEGORICAL EXEMPTION AND TERMINATING CONDITIONAL USE PERMIT NO. 2004-04, TO PERMIT A TAEKWONDO STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 21335 AND 21337 COLD SPRING LANE, DIAMOND BAR, CALIFORNIA A. RECITALS 1 The property owner, Country Hills DB, LLC/MCC Realty Management, and applicant, YIC Taekwondo, have filed an application for Conditional Use Permit No. 2006-04 and categorical exemption for a property located at 21335 and 21337 Cold Spring Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On June 12, 2006, public hearing notices were mailed to approximately 417 property owners of record within a 700 -foot radius of the project and the public notice was posted in three public places. By June 14, 2006, the project site was posted with a display board. On June 15, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On June 27, 2006, the Planning Commission of the City of Diamond Bar 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: 1. 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(e) of Article 19 of Chapter 3 of Title 14 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 on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Country Hills Town Center located at the 2800 block of South Diamond Bar Boulevard. The Taekwondo Studio will occupy units addressed as 21335 and 21337 Cold Spring Lane. The shopping center is approximately 18 acres divided into several parcels that contain a total of approximately 172,498 square feet of structure used for retail/commercial/office/restaurant. (b) The General Plan land use designation for the project site is General Commercial (C). (c) The zoning designation for the project site is Restricted Business (C-2) zone in which the development standards for Community Commercial apply. (d) Generally, the following zones surround the project site: North: R-1-7,500; South: RPD -15U; East: R-1-20,000 and R-1-7, 500 zones; and West: R-1-7,500 zone. (e) Pursuant to Development Code Sections 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain the appropriate Conditional Use Permit to allow the operation of a Taekwondo studio that teaches the ancient Korean art of self-defense. The proposed studio is identified as YIC Taekwondo. The Taekwondo Studio was approved by the Planning Commission on September 14, 2004, via Conditional Use Permit No. 2004-04 and Planning Commission Resolution No. 2004-39. The Conditional Use Permit was approved only for Lot 6 of Parcel Map 18722 within Country Hills Towne Center. With the shopping center's remodeling, the Taekwondo Studio needs to be relocated. The Taekwondo Studio has moved from a unit of approximately 4,800 square feet to a unit of approximately 3,072 2 square feet. The unit will consist of the main gym, secondary gym, two restroorns, two locker rooms reception area, storage room and office. Conditional Use Permit (f) (9) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The Taekwondo Studio is permitted in the C-2 zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. The YIC Taekwondo studio was approved by the Planning Commission Planning Commission Resolution No. 2004-39. The Conditional Use Permit was approved only for Lot 6 of Parcel Map 18722 (2815 Diamond Bar Boulevard) within Country Hill Towne Center. With the remodeling of the shopping center, the Taekwondo Studio needs to be relocated. The application request is to relocate the existing Taekwondo Studio within Country Hills Towne Center. Due to the remodeling of the shopping center, the Taekwondo Studio made a quick move to 21335 and 21337 Cold Spring.) Since the original Conditional Use Permit was site specific within Country Hills Towne Center and the applicant has relocated, the original Conditional Use Permit must be termination and a new one approved. The new location of the Taekwondo Studio will not be a permanent location. When the remodeling of Country Hills Towne Center is completed, the Taekwondo Studio will be relocated again. Since the Condition Use Permit runs with the land, rather than locking the applicant to one particular parcel within a shopping center, staff will consider the shopping center as one cohesive site and allow the applicant to move to a different location within the shopping center when construction is completed with a Plot Plan approval by staff. 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) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial 3 uses. The Taekwondo Studio is considered a service use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 18 acres and developed with an existing shopping center of approximately 172,498 square feet of structure with landscaping and approximately 1,012 parking stalls. The Taekwondo Studio will occupy a unit of approximately 3,072 square feet. The use will not cause the addition of square footage to the shopping center,- nor will the relocation of the existing use change the shopping center physically. However, the reason for the relocation is that the shopping center is being remodeled. The new location is temporary until the remodeling is completed and the Taekwondo Studio has a permanent location within the shopping center. When the Country Hills Towne Center remodeling and construction of additional square footage was approved by the Planning Commission, a shared parking analysis was part of that review. The shared parking analysis considered a wide variety of uses (i.e., supermarket, retail, office, spa, restaurants, fast food, AAA office and medical offices) in its analysis. The results showed that the number of parking stalls needed at peak time (weekday at 1:00 p.m./weekend at 8:00 p.m.) is 1,003 parking stalls. It was agreed that the 1,012 parking stalls provided for the shopping center was adequate with a condition of approval that placed a cap on the maximum square footage for restaurants and outdoor dinning of 53,397 square feet. Pursuant to Development Code, it is required that 20 parking stalls be provided for the Taekwondo Studio. This is based on one parking stall for each 150 square feet of the 3,072 square feet unit occupied by the Taekwondo Studio. Since the Taekwondo Studio is an existing use and considered in the shared parking analysis, staff anticipates that the parking stalls provided at the shopping center will be adequate to continue to support the Taekwondo Studio. The applicant anticipates special events/exhibitions taking place once or twice a year. It will be required that the applicant obtain a Temporary Use Permit approval for special events as require by Development Code Section 22.50. 4 G) 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 Taekwondo Studio, as referenced above in Items (t), (g) 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 exists and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensify of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints 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; As referenced above in Items (0 through (i), the Taekwondo Studio as conditioned herein will meet the City's development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and 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 project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental QualityAct (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301(e) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 5 A. Planning Division (1) No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. (2) Hours of operation and operating characteristics shall be as follows: Days of Monday through Saturday; Closed on Sunday Operation Hours of 10:00 a.m. (for administrative duties); Classes - Operation 3:00 p.m. to 8:30 p.m. (3) If the applicant desires to modify the hours of operation, the modified hours of operation shall be presented to the Planning Division staff for review and approval. Since the original Conditional Use Permit No. 2004-04 was site specific (Lot 6 of Parcel Map No. 18722.) within Country Hills Towne Center and the applicant has relocated, the original Conditional Use Permit shall be terminated with the approval of Conditional Use Permit No. 2006-04. (4) The new location for the Taekwondo Studio is not permanent. When the remodeling of the shopping center is complete, the applicant shall submit a Plot Plan application for the permanent location of the Taekwondo Studio for Planning Division review and approval. (5) Within 15 days of this approval, the applicant shall obtain a Business Registration Certificate. B. Building and Safety Division (1) (2) (3) Plan shall meet all "B" occupancy requirements. For plan check submittal, the applicant shall show compliance with Title 24 accessibility requirements for front counter, dressing rooms, van parking path of travel, restrooms, etc. For plan check submittal, the applicant shall show exist, analysis, occupant load, exit width, exit signs, etc. (4) Prior to final inspection, applicant shall install appropriate handicapped signs. . 6 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: Country Hills DB, LLC, MCC Realty Management, 9595 Wilshire Blvd., #214, Beverly Hills, CA and Mr. Young In Cheon and Ann Cheon, 1129 Summitridge Drive., Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 27TH OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Vice Chairman I, Nancy Fong, 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 27th day of June, 2006, by the following vote: AYES: Commissioners: Torng, Lee, Everett, VC/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: 7 I COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-04 SUBJECT: Taekwondo Studio APPLICANT: Young In Cheon and Ann Cheon LOCATION: 21335 and 21337 Cold Spring Lane within Country Hill Town Center 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 1. In accordance with Government Code Section 66474.9(b)(1), 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. 2006-04 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 attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the 8 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 the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-04 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 approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. 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. 7. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 8. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever come first), as required by the City. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 9 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1 The approval of Conditional Use Permit No. 2006-04 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1 The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the: Planning Commission, collectively attached hereto as Exhibit "A" dated June 27, 2006, including: site plan and floor plan, on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. 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. 3. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-70.20, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 10 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. If applicable and prior to the issuance of any permits, the applicant shall obtain the Fire Department approval and submitted verification of said approval to the City. - End of Conditions 11