HomeMy WebLinkAboutRES 91-41RESOLUTION NO. 9 -41
A RESOLUTION OF THE CITY COUNCIL OF•THE CITY
OF DIAMOND BAR APPROVING, SUBJECT TO
CONDITIONS, THE MODIFICATION OF CONDITIONAL
USE PERMIT 1634-1 FOR THE PURPOSE OF EXTENDING
THE TIME FOR DEVELOPMENT OF THE PROJECT, FOR
THE PROPERTY LOCATED AT 3255 DIAMOND BAR
BOULEVARD OWNED BY THE EVANGELICAL FREE CHURCH
OF DIAMOND BAR.
A. Recitals.
(i) The Evangelical Free Church of Diamond Bar was
approved and granted a Conditional Use Permit in November of
1980. A condition of C.U.P. 1634-1 required that the project be
fully developed within a ten year period. At the conclusion of
the ten year period, the site has not been fully developed.
(ii) The Planning Commission of the City of Diamond
Bar adopted its Resolution No. 91-8 on April 8, 1991. The
Commission reviewed the proposed extension request on November
19, 1990, February 11, 1991 and concluded on March 11, 1991. The
Planning Commission failed to achieve a majority consensus as to
how best to balance the development needs of the applicant and
the City.
(iii) The Council of the City of Diamond Bar, at a
duly noticed public hearing held on May 21, 1991, heard testimony
in regard to the request for a time extension and deliberated
thereupon. After due deliberation, the Council determined that
the time extension should be granted subject to certain
reasonable conditions and directed that the grant of
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approval be modified to reflect the time extension and the
reasonable conditions.
(iv) All legal requirements and preconditions
necessary to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF DIAMOND BAR as follows:
1. In all respects as set forth in section A,
Recitals, hereinabove.
2. The Council has resolved that condition number 18
of Conditional Use Permit Case No. 1634-1 shall be modified to
read:
"The proposals may be constructed in three phases;
but it shall consist of no more than three such
construction phases and all construction phases must be
completed within fifteen (15) years of the date of this
grant."
3. The Council of the City of Diamond Bar further
imposes the additional reasonable conditions related to the five
year time extension provided in the modified condition number 18
hereinabove as set forth on Attachment "A" attached and hereby
incorporated by reference herein.
4. The City Clerk shall certify to the adoption of
this Resolution.
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PASSED, ADOPTED AND APPROVED this 18th day of June, ,1.
Mayor
I, LYNDA BURGESS, City Clerk of the 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 18th day of June, 1991, by
the following vote:
AYES: COUNCIL MEMBERS: Werner, Nardella, Papen,
Mayor Pro Tem Kim and Mayor Forbin
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
Ci Clerk of the City
of Diamond Bar
N\1011\RESOEVFC\DB 3
ATTACHMENT "All
CUP 1634-1
EVANGELICAL FREE CHURCH OF DIAMOND BAR
1. TREE PRESERVATION PLAN
The purpose of this condition is to protect certain trees as
identified on Exhibit "A" entitled "Tree Preservation Plan" in
order to preserve and maintain the scenic beauty of this site.
All trees within thirty-five feet (351) of the property line, with
a circumference exceeding four feet (41) as measured forty-eight
inches (4811) from grade shall be preserved on the site. In the
event of removal or damage of trees intended to be preserved
herein, such removed or damaged trees shall be replaced by the
planting of three.trees, of aggregate equivalent species, size and
value, for each removed or damaged tree. The aforementioned
replacement trees shall be placed on the site in a location
mutually selected, by the applicant and the City. All other trees
to be removed or relocated shall follow the provisions of Section
22.56.2050 of the Los Angeles County Codes pertaining to Oak Tree
Permits.
Trees may be removed in cases of emergency caused by a hazardous or
dangerous condition as a result of disease, flood, fire, wind, or
lightning, as determined after visual inspection by the applicant,
the City, and a licensed forester with the Department of Los
Angeles County Forester and Fire Warden.
This modification with regard to Tree Preservation pertains to this
C.U.P. only, and shall not be effective in the future with regard
to future extensions, requests for additional permits and will not
preclude future removal of trees in the event of future church
growth and plans for redevelopment of the church. Removal of trees
in the future shall be subject to City regulations in effect at
that time.
2. PARKING MANAGEMENT PLAN
No parking for services or uses conducted on this property shall be
provided on any neighboring residential streets. Any off-site
parking in nearby commercial areas shall be done with the express
consent of owner or tenant. Parking, where legally permissible, is
permitted on Brea Canyon Road. This parking management plan is not
intended to replace the provisions contained in C.U.P. 1634-1 and
is an addendum only.
Rev. 6-12-91
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