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HomeMy WebLinkAboutRES 92-08RESOLUTION NO. 92- 08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.91-14 AND NEGATIVE DECLARATION NO. 92-2, AN APPLICATION FOR A DRY CLEANING ESTABLISHMENT WITH A DRY CLEANING PLANT ON THE PREMISES AT 1397-99 DIAMOND BAR BLVD. AND MAKING FINDINGS IN SUPPORT THEREOF A. RECITALS. (i) Eko and Monica Kuntjoro have filed an application for a Conditional Use Permit (CUP) for property located at 1397-1399 Diamond Bar Blvd., Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is sometimes referred to as "the Application". (ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. (iii) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to the General Plan, pursuant to the terms and provisions of California Government Code Section 65360 on such basis there is a substantial probability that the approval of this project as proposed in said Application will not have an adverse effect on adjacent or adjoining residential or commercial use, enjoyment, or valuation of other persons located in the vicinity and the Conditional Use Permit will not adversely affect the health or welfare of persons residing or working in the surrounding area. (iv) The City Council of the City of Diamond Bar, on March 17, 1992, conducted and concluded a duly noticed public hearing on said Application and concluded said hearing on such date. (v) All legal prerequisites to the adoption of this Resolution have occurred. 1 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. Based on substantial evidence presented to this Council during the public hearing, and by written and oral testimony provided at the hearing, this Council hereby specifically finds as follows: (a) The Application applies to property presently zoned C -3 -BE, located at 1397-99 Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, the property to the north of the subject site is zoned RPD -8,000-9U; to the south of the subject site is zoned RPD -8,000-18U; to the east of the subject site is zoned R-1- 8,000 and R -3-8,000-30U; and west of the subject site is zoned R-1-8,000. (c) The nature, condition, and size of the site has been considered and determined to satisfy all applicable standards. (d) There is substantial evidence in the record that the Conditional Use Permit is consistent with the proposed General Plan and specific plans as specified in Section 65451 and will not be detrimental to or interfere with the preparation of the future adopted General Plan. (e) That the site is physically suitable for the type of development. (f) That the Conditional Use Permit is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (g) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 3. The Council further finds that an environmental review has been conducted with respect to the Application in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder. Further, this Council has reviewed and considered such information 2 and has determined, and hereby adopts information contained in the said Negative Declaration with respect to the application. 4. Based upon the findings recited hereinabove and conditions set forth hereinbelow, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby approves CUP No. 91-14 and the Negative Declaration, subject to the following conditions: (a) This project shall substantially conform to all plans dated February 10, 1992 as submitted to and approved by the Planning Commission labeled Exhibits "A" and "B" as stated herein. (b) This grant allows for a dry cleaning establishment with a dry cleaning plant on the premises. (c) Hours of operation shall be Monday through Friday from 7:a.m. to 7 p.m. and Saturday 8 a.m. to 5 p.m. The hou" of ,operation for dry cleaning equipment shall be 8 a.m. to 4 p.m. (d) All necessary permits shall be obtained from ih-a-City:and South Coast Air Quality Management District. (e) The development approved by this Resolution shall be Substantially completed within one (1) year of date of approval. A year extension may be requested in writing prior to the expiration day of this grant. (f) The City Council here by finds the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgate thereunder. Further, this Commission has reviewed and considered the information contained in said Negative Declaration and effects will occur with respect to the project identified, in this Resolution, as defined in Section 711.2 of the Fish and Game Code. (g) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, 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 grant. 5. The City Clerk is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Eko and Monica Kuntjoro, 1397-99 Diamond Bar Blvd., Diamond Bar, California 91765. ADOPTED AND APPROVED this 17th o arch, 1992. MAYOR I, LYNDA BURGESS, City Clerk of h City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of March, 1992, by the following vote: AYES: COUNCIL MEMBERS: Werner, Forbing, Miller, MPT/Papen M/Kim NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: J" Cit Clerk of tie_ --- Diamond Bar 4