HomeMy WebLinkAboutPC 2010-25FA
PLANNING COMMISSION
RESOLUTION NO. 2010-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL2010-307, A REQUEST TO OPERATE A DANCE
STUDIO, TEACHING CHINESE FOLK DANCE AND BALLET,
LOCATED AT 23355 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA
(ASSESSORS PARCEL NO. APN 8717-008-033).
RECITALS
Property owner, Chang Chih International Investments and applicant, Jin
Chen, have filed an application for Conditional Use Permit
No. PL 2010-307 to operate a dance studio located at 23355 Golden
Springs Drive, Diamond Bar, Los Angeles County, California ("Project
Site"). Hereinafter in this Resolution, the subject Conditional Use Permit
shall be referred to as the "Proposed Use."
2. The subject site is located in the Community Commercial (C-2) zone and
is consistent with the General Commercial land use category of the
General Plan.
3. The legal description of the subject property is Tract 32554 Lot 8. The
Assessor's Parcel Number is 8717-008-033.
4. On September 17, 2010, notification of the public hearing for this project
was published in the San Gabriel Valley Tribune and the Inland Valley
Daily Bulletin newspapers. Public hearing notices were mailed to property
owners within a 500 -foot radius of the Project site and public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board.
5. On September 28, 2010, the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
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 the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301
(Existing Facilities) of the CEQA Guidelines. Therefore, no further
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code;
Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education
and training school is permitted in the C-2 zoning district with approval of a
conditional use permit. Through compliance with the conditions of
approval stipulating the manner in which the use must be conducted, the
proposed use will be compatible with neighboring uses in the shopping
center.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The Proposed Use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood
serving retail and service commercial uses". The subject property is not
located within a specific plan area.
3. The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the vicinity;
The Proposed Use is located within a multi -tenant shopping center
occupied by various retail, restaurant, and service uses including two
tutoring centers. As such, the operational characteristics are compatible
with the existing uses in the vicinity.
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Conditional Use Permit No PL 2010-307
4. 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 project site is located within a commercial shopping center that
currently has two tutoring schools. The proposed use is compatible with
other uses in the surrounding areas such as a preschool and elementary
school, another dance studio, Lorbeer Middle School, and multi -family
residences to the north.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required
to comply with all conditions of approval within the attached resolution.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (Existing Facilities) of the CEQA Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this application subject to the following conditions:
1. The establishment is approved as a dance studio as described in the
application on file with the Planning Division, the Planning Commission
staff report for Conditional Use Permit PL2010-307 dated September 28,
2010, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use". The Use shall be limited to a dance studio.
2. The Use shall substantially conform to the approved plans as submitted
and approved by the Planning Commission and on file with the
Community Development Department.
3. This Conditional Use Permit shall be valid only for 23355 Golden Springs
Drive, as depicted on the approved plans on file with the Planning
Division. If the Proposed Use moves to a different location or expands
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Conditional Use Permd No PL 2010-307
into additional tenant spaces, the approved Conditional Use Permit shall
terminate and a new Conditional Use Permit, subject to Planning
Commission and/or City Council approval shall be required for the new
location. If the Use ceases to operate, the approved Conditional Use
Permit shall expire without further action by the City.
4. No changes to the approved scope of services comprising the Use shall
be permitted unless the applicant first applies for an amendment to this
CUP, pays all application processing fees and receives approval from the
Planning Commission and/or City Council.
5. This approval does not specify limitations on class sizes or business hours
based on the presumption that the Use will operate in a manner that does
not deviate significantly from the operating characteristics described in the
Conditional Use Permit application, as summarized below:
Business hours — Monday through Friday from 8:30 a -m. to 10:00 p.m.,
Saturday from 9:00 a.m. to 6:00 p.m., and Sunday from 10:00 a.m. to
4:00 p.m.; and
• Sixteen or fewer students per class.
If, at any time, the City finds that the Use is the cause of a parking
deficiency or other land use impact, the Community Development Director
may refer the matter back to the Planning Commission to consider
amending this Conditional Use Permit to address such impacts.
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: Chang Chih International Investments, 23341 Golden
Springs Drive, Diamond Bar, CA 91765; and Jin Chen,
20260 Evening Breeze Drive, Walnut, CA 91789.
4
Conditional Use Permit No PL 2010-307
APPROVED AND ADOPTED THIS 28TH DAY OF SEPTEMBER 2010, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY-
,Ton�yT
Chairman
I, Greg Gubman, 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
28th day of September 2010, by the following vote:
AYES: Commissioners: LEE, NELSON, SHAH, VC/NOLAN, CHAIR/TORNG
NOES: Commissioners: NONE
ABSTAIN: Commissioners: NONE
ABSENT: Commissioners: NONE
ATTEST:
Greg Gubman, Secretary
5
Conditional Use Permit No PL 2010-307
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2010-307
SUBJECT: Jin's Dance Studio
APPLICANT: Jin Chen
LOCATION: 23355 Golden Springs Drive, Diamond Bar, CA 91756
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. PL 2010-307 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 attorney's fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against
the City defendants. 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. PL 2010-307 at the City of
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Conditional Use Permit No PL 2010-307
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. The business owners and all designers, architects, engineers, and
contractors associated with this project shall obtain a Diamond Bar
Business License, and zoning approval for those businesses located in
Diamond Bar.
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. 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.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
10. The applicant shall obtain separate Planning Division approval and
permits from the Building and Safety Division for any wall signs in
conjunction with the approved use.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department) at
the established rates, prior to issuance of building permits, 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
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Conditional Use Permit No PL 2010-307
City project review and processing fees prior to issuance of grading or
building permit, whichever comes first.
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 (2) 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.
END
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Conditional Use Permit No PL 2010-307
PLANNING COMMISSION RESOLUTION NO. 2010-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL2010-307, A REQUEST TO OPERATE A DANCE STUDIO, TEACHING CHINESE FOLK DANCE AND BALLET, LOCATED
AT 23355 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA (ASSESSORS PARCEL NO. APN 8717-008-033).
A. RECITALS
1. Property owner, Chang Chih International Investments and applicant, Jin Chen, have filed an application for Conditional
Use Permit No. PL 2010-307 to operate a dance studio located at 23355 Golden Springs Drive, Diamond Bar, Los Angeles County,
California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Proposed
Use."
2. The subject site is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land
use category of the General Plan.
3. The legal description of the subject property is Tract 32554 Lot 8. The Assessor's Parcel Number is 8717-008-033.
4. On September 17, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune
and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of
the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and
mailed notices, the project site was posted with a display board.
5. On September 28, 2010, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing,
solicited testimony from all interested individuals, and concluded said hearing on that date.
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 the Project to be Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301 (Existing Facilities) of the CEQA
Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58,
this Planning Commission hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies
with all other applicable provisions of this Development Code and the Municipal Code;
Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education and training school is permitted in the C-2 zoning district
with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the
use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center.
2. The proposed use is consistent with the general plan and any applicable specific plan;
The Proposed Use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage
neighborhood serving retail and service commercial uses". The subject property is not located within a specific plan area.
3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future
land uses in the vicinity;
The Proposed Use is located within a multi -tenant shopping center occupied by various retail, restaurant, and service uses including
two tutoring centers. As such, the operational characteristics are compatible with the existing uses in the vicinity.
2
Conditional Use Permit No PL 2010-307
4. 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 project site is located within a commercial shopping center that currently has two tutoring schools. The proposed use is
compatible with other uses in the surrounding areas such as a preschool and elementary school, another dance studio, Lorbeer
Middle School, and multi -family residences to the north.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required to comply with all conditions of approval within the
attached resolution.
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act
(CEQA).
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth
under Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this application subject to the
following conditions:
1. The establishment is approved as a dance studio as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit PL2010-307 dated September 28, 2010, and the Planning Commission
minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a dance studio.
2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and
on file with the Community Development Department.
3. This Conditional Use Permit shall be valid only for 23355 Golden Springs Drive, as depicted on the approved plans on file
with the Planning Division. If the Proposed Use moves to a different location or expands
3
Conditional Use Permit No PL 2010-307
into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to
Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved
Conditional Use Permit shall expire without further action by the City.
4. No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for
an amendment to this CUP, pays all application processing fees and receives approval from the Planning Commission and/or City
Council.
5. This approval does not specify limitations on class sizes or business hours based on the presumption that the Use will
operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit
application, as summarized below:
• Business hours — Monday through Friday from 8:30 a.m. to 10:00 p.m., Saturday from 9:00 a.m. to 6:00 p.m., and
Sunday from 10:00 a.m. to 4:00 p.m.; and
• Sixteen or fewer students per class.
If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community
Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to
address such impacts.
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: Chang Chih International Investments, 23341
Golden Springs Drive, Diamond Bar, CA 91765; and Jin Chen, 20260 Evening Breeze Drive, Walnut, CA 91789.
4
Conditional Use Permit No PL 2010-307
APPROVED AND ADOPTED THIS 28T1 DAY OF SEPTEMBER 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR.
BY: .-----,------
---rony Torng, Chairman
I, Greg Gubman, 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 28th
day of September 2010, by the following vote:
AYES: Commissioners: LEE, NELSON, SHAH , VC /NOLAN , CHAIR/ TORNG
NOES: Commissioners: NONE
ABSTAIN: Commissioners: NONE
ABSENT: Commissioners: NONE
ATTEST:
Greg Gubman, Secretary
5
Conditional Use Permit No PL 2010-307
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT /I: Conditional Use Permit No. PL 2010-307
SUBJECT: Jin's Dance Studio
APPLICANT: Jin Chen
LOCATION: 23355 Golden Springs Drive, Diamond Bar, CA 91756
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. PL 2010-307 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 attorney's fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City defendants. 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. PL 2010-307 at the City of
6
Conditional Use Permit No PL 2010-307
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. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a
Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar.
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 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.
Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval.
The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the
Fire Department.
10. The applicant shall obtain separate Planning Division approval and permits from the Building and Safety Division for any wall
signs in conjunction with the approved use.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works
Department) at the established rates, prior to issuance of building permits, 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
7
Conditional Use Permit No PL 2010-307
City project review and processing fees prior to issuance of grading or building permit, whichever comes first.
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 (2) 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.
END
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Conditionai Use Permit No PL 2010-307