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Home My WebLink AboutRES 2004-53RESOLUTION NO. 2004- 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUSTAINING THE PLANNING COMMISSION DECISION OF DENIAL OF CONDITIONAL USE PERMIT NO. 2003-05, A REQUEST TO UTILIZE AN EXISTING CAL TRANS PARK AND RIDE FOR WEEKEND USED CAR/VEHICLE SALES. THE PROJECT SITE IS LOCATED AT 100 N. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Cal Trans and the applicant, Mr. Nabil Sakla have filed an application appealing the Planning Commission decision of denial for Conditional Use Permit No. 2003-05 for a property located at 100 N. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, shall be referred to as the "Application." 2. On July 13, 2004, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application and adopted Planning Commission Resolution No. 2004-27 denying the Application. 3. On July 19, 2004, the applicant, Mr. Nabil Sakla, submitted to the City Clerk a correspondence dated July 16, 2004 requesting to appeal the Planning Commission decision of denial. 4. On August 26, 2004, notification of the public hearing to appeal the Planning Commission decision of denial was provided in the San Gabriel Valley Tribune and Inland VallwDally Bulletin newspapers. On August 20, 2004, public hearing notices were mailed to approximately 119 property owners within a 500 -foot radius of the project site. On August 24, 2004, the project site was posted with a display board and the public notice was posted in three public places. 5 On September 7, 2004, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 2004-53 B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds the proposed use is not appropriate for the subject site due to non-compliance with the General Plan and the absence of a zoning designation. As a result, this is a resolution of denial and CEQA does apply to projects of denial. 3. An application has been filed pursuant to Development Code Section 22.58 for Conditional Use Permit No. 20003-05. Although the Conditional Use Permit application is complete for the purposes of processing, the proposed land use of utilizing a Cal Trans park and ride as a place to sell used cars/vehicles in not an appropriate use for such a facility; nor was it intended to ever be used in this manner. Additionally, the subject site is State owned property engaging in a governmental activity and as such is exempt from having a zoning designation. Notwithstanding staff's guidance, the applicant has chosen to process the Conditional Use Permit application as provided in this resolution. The City's initial contact with the applicant was approximately May 2003. Since that time, there have been many telephone conversations with the applicant and correspondences to the applicant. The conversations and correspondences explained the City's requirements and process. The Planning Division staff has outlined the necessity for a General Plan Amendment, Zone Change, Variance, Development Review and Conditional Use Permit approval in order to properly consider the application. The applicant believed that application process prescribed was not necessary and has refused to submit the necessary recommended applications. Staff has consistently indicated that the proposed use is not permitted in the City of Diamond Bar; hence the Planning Commission decision of denial. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site, approximately three acres, is located at 100 N. Diamond Bar Boulevard (north of the SR 60 Freeway on the east side of Diamond Bar Boulevard and south of the SR 60 Freeway westbound off -ramp). It is an existing Cal Trans park and ride utilized for commuters to park their vehicles and car pool or use public transportation for the purpose of reducing traffic on the freeway. -nn? c-�, (b) The subject Cal Trans park and ride property has a General Plan land use designation of Freeway/Major Roads. On the General Plan Land Use Map, the subject site is designated as the Pomona Freeway (60). (c) The subject property does not have a zoning designation. State property is exempt from local zoning when engaging in governmental activities. For the current use of the subject site, the absence of a zoning designation is not an important issue as long as Cal Trans is using the property exclusively as a park and ride lot. Private, commercial activities do not share that exemption; hence, it is concluded that it would not be appropriate to allow the requested use without the required and appropriate zoning designation. (d) Generally, the following zones and uses surround the subject Cal Trans park and ride: To the north is the SR 60 westbound off -ramp and the Community Commercial (C-2) and Single -Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) zones; to the south is the SR 60 Freeway and C-2 zone; to the east is Cal Trans property and SR 60 Freeway; and to the west is another Cal Trans park and ride and the SR 57 Freeway. (e) The Application request is to utilize an existing Cal Trans park and ride for weekend used car/vehicle sales. Requested hours and days of operation for each weekend throughout the year would begin on Friday at 6:00 p.m. and end Sunday at 7:00 p.m. Conditional Use Permit Findings (f) The proposed use is consistent with the General Plan and any applicable specific plan; The subject property has a General Plan land use designation of Freeway/Major Roads. On the General Plan land use map, the subject site is designated as the Pomona Freeway (60). The application request is a commercial use and the General Plan land use designation of Freeway/Major Roads does not support a commercial use. Therefore, the application request is not consistent with the General Plan. There is no applicable specific plan. (g) 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 the Development Code and the Municipal Code; The subject site is State property does not have a zoning designation. The proposed use, a weekend used car/vehicle sales facility, is not for a governmental purpose and therefore requires a commercial zoning classification. Additionally and pursuant to Ordinance No. 5 (2002) amending Development Code Section 22.50.030, outside display and/or sale of used merchandise or goods is prohibited except for a business located in the City that as a part of the ordinary business operations sells used merchandise or goods. The proposed request does not meet this criterion. 2004-53 Furthermore and pursuant to Development Code Section 22.42.080 (2) d, an outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject property, which is not the case for the proposed request. Therefore, the proposed use does not comply with all applicable provisions of the Development Code and the Municipal Code. (h) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; As referenced above in Findings (f) and (g) the proposed project is not consistent with the General Plan or the City's Development Code. As a result, the design, location, size and operating characteristics of the proposed use are not an issue at this time without General Plan and Zoning compliance. (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; As referenced above in Findings (f), (g) and (h), the physical suitability, density/intensity, access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints is not an issue at this time without General Plan and Zoning compliance. (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and As referenced in finding (f), (g), (h) and (i) above, granting the Conditional Use Permit will not be consistent with the General Plan and Development Code. Therefore, the proposed request will be detrimental to the public interest, health, safety, 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). Since the proposed use is not appropriate for the subject site due to non-compliance with the General Plan and the absence of a zoning designation and this is a resolution of denial, CEQA does not apply. 5. Based on the findings and conclusions set forth above, the City Council hereby sustains the Planning Commission denial of the Application. 2004-53 The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Cal Trans, 120 S. Spring Street, Los Angeles, CA 90012 and Mr. Nabil Sakla, 2640 Upper Bay Drive, Oxnard, CA 91731. APPROVED AND ADOPTED THIS 7TH OF SEPTEMBER 2004, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Bob Zir es, ayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of Sept. , 2004 by the following vote: AYES: Council Members: Chang, Hulff, O'Connor, IMPT/Herrera, M/Zirbes NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: done Linda C. Lowry, it erk City of Diamond Bar 2004--53