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HomeMy WebLinkAboutPC 2006-45PLANNING COMMISSION RESOLUTION NO. 2006-45 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-18 A REQUEST TO PERMIT A MUSIC STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTRY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 2775-A DIAMOND BAR BOULEVARD (APN: 8285-020-050, LOT 14, PARCEL MAP 247-28-31), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, Country Hills DB, LLC, and applicant, Ara Cho, have filed an application for Conditional Use Permit No. 2006-18, fora property located at 2775-A Diamond Bar Blvd, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On November 2, 2006, public hearing notices were mailed to approximately 80 property owners within a 500 -foot radius of the project site. On November 3, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On November 14, 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 finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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. The proposed use will occupy a space addressed 2775-A Diamond Bar Blvd. The Shopping Center is +pnpnrrnoevmimnv�tely 1 R acres containing approximately 172,498 s uare feet of structure, which accommodates retail, office, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation forthe project site is Community Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; South: Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) zone; East: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; 2 Planning Commission Resolution No. 2006-45 West: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; (e) In accordance to Development Code Section(s) 22.58 and 22.10.030 - Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a Music Studio that teaches students how to play musical instruments. The proposed studio will be identified as SOMA Music Academy. The proposed use will occupy a vacant unit of approximately 1,040 square feet located between My Jeweler and a vacant unit. The unit will consist of a lobby with a reception area, one office, eight classrooms, and a restroom. 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 proposed SOMA Music Academy is permitted in the C-2 Zone i d herein--VML— comply with all other applicable provisions of the Development Code and the Municipal Code. (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 uses. The proposed SOMA Music Academy is considered a school/studio 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 spaces. The School/Studio center will occupy an existing vacant unit of approximately 1,040 square feet located at 2775-A Diamond BarBlvd. 3 Planning Commission Resolution No. 2006-45 The proposed use will not cause the addition of square footage to the shopping center, nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. According to Development Code Section 22.30.030, Table 3-90, it is required that five parking spaces be provided for the proposed Music Studio, plus one for each employee. This number constitutes a worst- case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. Considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Studio classes are offered and patrons' multiple purposes for visiting a shopping center, and the number of parking spaces available, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and onan characted-stirc of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; SOMA Music Academy, as referenced above in Items (0 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 an existing 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 4 Planning Commission Resolution No. 2006-45 persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (t) through (j), SOMA Music Academy as conditioned herein will meet the City's minimum 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); In accordance to the provisions of the California Environmental Quality Act (CEQA) of 9970, as amended and the guidelines promulgated thereunder, this project is categorically exempt in accor c it - 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 and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated November 8, 2006, as labeled, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Saturday Hours of Operation Monday through Friday: 2:00 p.m. to 9:00 p.m. Saturday: 8:00 a.m. to 9:00 p.m. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; 5 Planning Commission Resolution No. 2006-45 (c) This Conditional Use Permit shall be valid only for 2775-A Diamond Bar Blvd. If SOMA Music Academy moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; Building & Safety Division (d) Fire Department approval will be required. Please contact the Fire Department; (e) The Proposed tenant improvements shall comply with the provisions of the 2001 California Building Code. Specify type of construction and sprinkler system requirements; (f) Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineerwith wet stamp and signature. Show detail for separation between school and other tenants. Provide code analysis; (g) Note on plans "separate permit is required for all wall and monument signs;" (h) The project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.,) also shall comply with construction fencing; (i) Number of accessible parking shall be in compliance with title 24 accessibility requirements including van and other accessible parking. Provide compliance with van accessible parking, path of travel clearly on site plan for entire project, including all buildings, total parking, width of path of travel, maximum slope and cross slope, signage, accessible restroom; (j) Reception counter shall comply with title 24 accessibility requirements also, show compliance with lever type hardware; (k) Provide exit analysis showing occupant load for each space, exit width, exit signs (existing and new). 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: Ara Cho, 22556 Birds Eye Drive, Diamond Bar, CA 91765. 6 Planning Commission Resolution No. 2006-45 APPROVED AND ADOPTED THIS 14th OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, dhairman 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 14th day of November 2006, by the following vote: AYES: Commissioner: Nolan--, Lee, F?el_, Vi:/ jo=g, Chair/Nx--Iz csri NOES: Commissioner: g,, ABSENT: Commissioner: :zor.,e ATTEST: 7 Planning Commission Resolution No. 2006-45 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-18 SUBJECT: Operation of Music Studio within an existing Shoapin-g Center -- APPLICANT: Ara Cho, SOMA Music Academy LOCATION: 2775-A Diamond Bar Blvd, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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. 2006-18 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. 8 Planning Commission Resolution No. 2006-45 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-18, at the City of Diamond Bar Community Development 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. SOMA Music Academy and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 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. FEESIDEPOSITS 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 comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 9 Planning Commission Resolution No. 2006-45 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit 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 labeled and referenced herein as Exhibit "A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. 2. --All ground=mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. 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. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. 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. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 10 Planning Commission Resolution No. 2006-45 approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the properly 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NO COMMENTS FROM PUBLIC WORKS APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NO COMMENTS FROM BUILDING AND SAFETY APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. END 11 Planning Commission Resolution No. 2006-45 PLANNING COMMISSION RESOLUTION NO. 2006-45 A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2006-18 A REQUEST TO PERMIT A MUSIC STUDIO WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS COUNTRY HILLS TOWN CENTER. THE PROJECT SITE IS LOCATED AT 2775-A DIAMOND BAR BOULEVARD (APN: 8285-020-050, LOT 14, PARCEL MAP 247-28-31), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, Country Hills DB, LLC, and applicant, Ara Cho, have filed an application for Conditional Use Permit No. 2006-18, for a property located at 2775-A Diamond Bar Blvd, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On November 2, 2006, public hearing notices were mailed to approximately 80 property owners within a 500 -foot radius of the project site. On November 3, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On November 14, 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 finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar; 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. The proposed use will occupy a space addressed 2775-A Diamond Bar Blvd. The Shopping Center is of structure, which accommodates retail, office, commercial, services, entertainment, and restaurants; (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Community Commercial (C-2) zone in which the development standards for Regional Commercial; (d) Generally the following zones surround the project site: North: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; South: Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) zone; East: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; 2 Planning Commission Resolution No. 2006-45 West: Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1-7,500) zone; (e) In accordance to Development Code Section(s) 22.58 and 22.10.030 Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a Music Studio that teaches students how to play musical instruments. The proposed studio will be identified as SOMA Music Academy. The proposed use will occupy a vacant unit of approximately 1,040 square feet located between My Jeweler and a vacant unit. The unit will consist of a lobby with a reception area, one office, eight classrooms, and a restroom. 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 proposed SOMA Music Academy is permitted in the C-2 Zone i n --wild comply with all other applicable provisions of the Development Code and the Municipal Code. 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 uses. The proposed SOMA Music Academy is considered a school/studio 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 spaces. The School/Studio center will occupy an existing vacant unit of approximately 1,040 square feet located at 2775-A Diamond BarBlvd. 3 Planning Commission Resolution No. 2006-45 The proposed use will not cause the addition of square footage to the shopping center; nor will the proposed use change physically in any way. When the shopping center was approved and built, it was designed and located with the anticipation that all units would be leased. U) According to Development Code Section 22.30.030, Table 3-10, it is required that five parking spaces be provided for the proposed Music Studio, plus one for each employee. This number constitutes a worst- case scenario. Studies conducted of mixed-use developments such as shopping centers, show lower parking needs for the whole development than the sum of the individual uses due to patrons visiting a shopping center for multiple purposes. Considering the current vacancies, uses surrounding the proposed use, the peak hours and closure of some of the uses at the time School/Studio classes are offered and patrons' multiple purposes for visiting a shopping center, and the number of parking spaces available, staff determines that the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, sLze and operation characteristics of t a proposed use are compatible with the existing and future land uses in the vicinity. 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; SOMA Music Academy, as referenced above in Items (t) 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 an 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 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 4 Planning Commission Resolution No. 2006-45 persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through 0), SOMA Music Academy as conditioned herein will meet the City's minimum 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); In accordance to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt in accoraa c 5301 ffATticta-f9-ofL1haD-t-P 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 and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated November 8, 2006, as labeled, amended herein and approved by the Planning Commission; (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Saturday Hours of Operation Monday through Friday: 2:00 p.m. to 9:00 p.m. Saturday: 8:00 a. m. to 9:00 p.m. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval; 5 Planning Commission Resolution No. 2006-45 (c) This Conditional Use Permit shall be valid only for 2775-A Diamond Bar Blvd. If SOMA Music Academy moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission; Building & Safety Division (d) Fire Department approval will be required. Please contact the Fire Department; (e) The Proposed tenant improvements shall comply with the provisions of the 2001 California Building Code. Specify type of construction and sprinkler system requirements; (f) (9) Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineerwith wet stamp and signature. Show detail for separation between school and other tenants. Provide code analysis; Note on plans "separate permit is required for all wall and monument signs;" (h) The project must be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.,) also shall comply with construction fencing; (i) U) Number of accessible parking shall be in compliance with title 24 accessibility requirements including van and other accessible parking. Provide compliance with van accessible parking, path of travel clearly on site plan for entire project, including all buildings, total parking, width of path of travel, maximum slope and cross slope, signage, accessible restroom; Reception counter shall comply with title 24 accessibility requirements also, show compliance with lever type hardware; (k) Provide exit analysis showing occupant load for each space, exit width, exit signs (existing and new). 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: Ara Cho, 22556 Birds Eye Drive, Diamond Bar, CA 91765. 6 Planning Commission Resolution No. 2006-45 APPROVED AND ADOPTED THIS 14th OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 14th day of November 2006, by the following vote: AYES: Commissioner: Nolart, Lpf-, Wef, VC/Torng, Chz r/Nx-lsor NOES: Commissioner: ABSENT: Commissioner: No -.P ATTEST: 7 Planning Commission Resolution No. 2006-45 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2006-18 SUBJECT: Operation of Music Studio within an existing Sliop-pin_g Center APPLICANT: Ara Cho, SOMA Music Academy LOCATION: 2775-A Diamond Bar Blvd, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 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. 2006-18 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. 8 Planning Commission Resolution No. 2006-45 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2006-18, at the City of Diamond Bar Community Development 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. SOMA Music Academy and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. -4. _Prior to any -use of the project siteor 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. 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 comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 9 Planning Commission Resolution No. 2006-45 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 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 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 labeled and referenced herein as Exhibit "A" including: site plans and floor plans on file in the Planning Division, the conditions contained herein, Development Code regulations, the Specific Plan, and the Community Plan. - All ground=mounted utility appurtenances- such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. 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. 4. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 5. All roof mounted equipment shall be screened from public view. 6. 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. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement 10 Planning Commission Resolution No. 2006-45 approved 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 used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NO COMMENTS FROM PUBLIC WORKS APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NO COMMENTS FROM BUILDING AND SAFETY APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. END 11 Planning Commission Resolution No. 2006-45