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HomeMy WebLinkAboutRES 90-38RESOLUTION NO. 90-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT AND VARIANCE APPLICATION NO. 89257, A REQUEST TO CONTINUE OPERATION OF A SCHOOL, TO ADD A PRE-SCHOOL FACILITY FOR AN ADDITIONAL 75 CHILDREN, TO CONSTRUCT A STRUCTURE INTO THE REAR YARD SETBACK, AND FOR AN ENVIRONMENTAL DETERMINATION. THE SCHOOL IS SPONSORED BY DIAMOND BAR FRIENDS CHURCH AT 1220 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN SUPPORT THEREOF AND IMPOSING CONDITIONS THEREON. A. Recitals. (i) The Diamond Bar Friends Church heretofore filed an application for approval to continue the operation of a school, add a pre-school facility for and additional 75 children, and to locate a structure five feet from the rear lot line, denominated as Project No. 89257, located at 1220 South Brea Canyon Road, City of Diamond Bar, California. Hereinafter in this Resolution, the subject conditional use permit and variance application is referred to as "the Project." (ii) The City Council of the City of Diamond Bar, on March 20, 1990, conducted a duly noticed public hearing on said application and concluded said public hearing on that date. (iii) All legal prerequisites to the adoption of this Resolution have occurred. 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. This City Council hereby finds and determines that the Project is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, pursuant to the provisions of 2 California Code of Regulations Section 15301 (Class 1). 3. Based upon substantial evidence presented to this Council during the above -referenced March 20, 1990 hearing, and oral testimony provided at the hearing, this Council hereby specifically finds as follows: (a) The Project applies to property presently zoned R-1-8000 located at 1220 South Brea Canyon Road, City of Diamond Bar, California, and consists of approximately 2.1 acres of land; (b) The properties to the north, south, and west are developed with single family residential dwelling units; (c) The property is depicted within the Commercial category of the county -wide general plan; (d) The site is physically suitable for the Project, is generally level to sloping and has access to City -maintained streets; (e) The Project will not adversely affect the health, peace, comfort or welfare of persons residing or �. working in the surrounding area nor will the Project be materially detrimental to the use, enjoyment or valuation of property of other Persons located in the vicinity of the Project, nor will the Project jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; (f) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features required pursuant to the ordinances of the City of Diamond Bar; (g) The proposed site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic and other public or private service facilities as are required. 4. Based upon the findings and conclusions set forth herein above, this Council, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds as follows: '~ (a) There is a reasonable probability that the Project will be consistent with the proposed general plan; (b) There is 1 ittle or no probabi 1 ity that the Project 2 will be of substantial detriment to, or interfere with, the proposed general plan for the area of the subject site; and (c) The Project, as proposed and conditioned herein, complies with all other applicable requirements of State law and local ordinances. 5. Based upon the findings and conclusions set forth above and the conditions set forth below in this Resolution, this Council may approve the said Project subject to each and every condition set forth herein. 6. The City Council hereby imposes the following reasonable conditions: (a) This grant shall not be effective for any purpose until the permittee and the owner of the property involved (if other than the permittee) have filed at the City Planning Office their affidavit stating that they are aware of, and agree to accept, all of the conditions of this grant. (b) The permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul this permit approval, which action is brought within the applicable time period of Government Code Section 65907. The City shall promptly notify the permittee of any claim, action, or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify the permittee of any claim, action or proceeding, or if the City fails to cooperate fully in the defense, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the City. (c) This grant will expire unless exercised within two years from the date of approval. A one-year time extension may be requested before the expiration date. (d) If any provision of this grant is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse. (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of 3 (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of the permittee to cease any development or activity not in full compliance shall be a violation of these conditions. (f) Notice is hereby given that any person violating a provision of this grant is guilty of a misdemeanor. Notice is further given that the City Council after conducting a public hearing, may revoke or modify this grant, if it finds that these conditions have been violated or that this grant has been exercised so as to be detrimental to the public health or safety or so as to be a nuisance. (g) This grant allows the continued operation of a church and school facility with extended day care services for 235 children subject to the following restrictions as to use: (1) All parking spaces shall be designed and striped according to City standards. (2) The maximum number of students attending the day nursery shall not exceed 75 children at any given time. (3) The hours of operation shall be limited to the hours between 7:00 a.m. and 6:00 p.m. (4) This grant shall supersede Variance No. 473 and Conditional Use Permit Case 1832(1). (5) The school shall comply with all licensing requirements of the State of California. Copies of these requirements shall be provided by applicant to the City. 4 (h) Three copies of a revised plot plan, similar to Exhibit "A" as presented at the public hearing and conforming to such of the following conditions as can be shown on a plan, shall be submitted for approval of the Director of Planning: (1) Show and dimension all required parking. The property shall be developed and maintained in substantial conformance with the approved Exhibit "A". All revised plot plans must be accompanied by the written authorization of the property owner. (i) The subject property shall be developed and maintained in substantial compliance with the plans on file marked Exhibit "A". In the event that the subsequent revised plans are submitted, the written authorization of the property owner is necessary. (j) All requirements of the Zoning Ordinance and of the specific zoning of the subject property must be complied with unless otherwise set forth in these conditions or shown on the approved plans. (k) The subject facility shall be maintained in compliance with requirements of the Los Angeles County Department of Health Services. Adequate water and sewage facilities shall be provided to the satisfaction of said Department. (1) Upon receipt of this Resolution, the permittee shall contact the Fire Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine what facilities may be necessary to protect the property from fire hazard. Any necessary facilities shall be provided as may be required by said Department. (m) Dedicate to the City of Diamond Bar the right to restrict access to Brea Canyon Road. (n) Reseal driveway and parking lot, including restriping of parking lot to City standards. (o) All structures shall conform with the requirements of the Division of Building and Safety. 5 (p) When the existing sign for the church facilities is replaced with a new sign, the replacement sign shall be subject to approval by the Planning Commission, and shall not exceed six feet in height measured from the adjacent grade. (q) Refer to attachment Exhibit "A" marked "CONDITIONAL USE PERMIT CASE NO. 89257 CONDITIONS" for additional conditions. 7. This Council hereby provides notice to the Diamond Bar Friends Church that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 8. The City Clerk is hereby directed to certify to the adoption of this Resolution and, by certified mail, return receipt requested, forward a copy to the Diamond Bar Friends Church at its address of record as set forth in the application for said Project. PASSED, ADOPTED AND APPROVED this 20th of March, 1990. A //, n Aim MayoK I, Lynda Burgess, City Clerk to 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 20 _ day of March__, 1990, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Mayor Pro Tem Werner and Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Horcher ATTEST: Lynda Bux-gess, City tlerk City of Uiamond Bar D CONDITIONAL USE PERMIT CASE NO. 89257 CONDITIONS 1. This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of said Diamond Bar Planning Commission his affidavit stating that he is aware of, and accepts all the conditions of this permit; 2. It is hereby declared to be the intent that if any provision of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse; 3. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse, provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days; 4. That all requirements of the Zoning Ordinance and of the specific zoning of subject property must be complied with unless set forth in the permit or shown on the approved plot plan; 5. That the property shall be developed and maintained in substantial conformance with the plot plan on file marked site plan; 6. That all structures conform with the requirements of the Department of Building and Safety; 7. That provisions be made for all natural drainage to the satisfaction of City Engineer. Drainage plans and two signed grading plans shall be submitted to the City Engineer for approval prior to grading or construction; 8. That subject facility be developed and maintained in compliance with requirements of the Los Angeles County Health Officer. Adequate water and sewage facilities shall be provided to satisfaction of said Health Officer; 9. That upon receipt of this letter, applicant shall contact the Fire Prevention Bureau of the Los Angeles County Forester and Fire Warden to determine facilities that may be necessary to protect the property from fire hazard. Water mains, fire hydrants, and fire flow shall be provided as may be required by said department; EXHIBIT "A" CONDITIONAL USE PERMIT CASE NO. 89257 CONDITIONS PAGE NO. 2 10. Parking on the subject property shall be provided at a ratio of one parking space for each five (5) fixed seats in the church facility plus one parking space for each classroom of the parochial school; 11. Parking on the subject property shall be developed in accordance with Sections 703.21 and 703.23 of the Zoning Ordinance; 12. That unless this grant is used within two years from the date of Diamond Bar City Council approval, the grant will expire. (A one-year time extension may be requested prior to such expiration date.); 13. This grant allows a maximum of 235 students; 14. This grant permits the continuation of the existing church and a private school limited to pre-school and to grades ,-� Kindergarten through 8th grade; 15. The loading and unloading of the school children shall be supervised by an adult staff member of the school at all times; 16. That the play area shall be fenced from the parking area and shall be fenced in such a manner to prevent children from wandering into the parking area or restricted open space areas; 17. The hours of operation of the school shall be between 7:00 a.m. and 6:00 p.m.; 18. The indoor noise level may not exceed 45 dba; and 19. Conform to all other conditions approved as a part of CUP 1832-1; 20. A one year limit is placed on the use of the temporary structure; 21. The Applicant shall construct or enter into a secured agreement with the City Engineer to construct the aforementioned conditioned improvements prior to the issuance of a building permit or this permit shall be subject to revocation. RS: da EXHIBIT "A"