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Home My WebLink AboutPC 91-01RESOLUTION NO. PC 91-01_- . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT .90-117, AN APPLICATION FOR A LARGE ADULT RESIDENTIAL CARE FACILITY WITH A MAXIMUM OF 24 RESIDENTS AT A SITE LOCATED AT 1000 PARK SPRING LANE, EAST OF DIAMOND BAR BLVD, NORTH AND WEST OF CLEAR CREEK CANYON DRIVE, IN THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING FIND- INGS IN SUPPORT THEREOF. A. Recitals. (i) Tarun and Smita Sanghvi, 963 Dare Court, Diamond Bar, Ca., have filed a Conditional Use Permit to expand an existing small adult (six residents or less) residential care facility to a large adult (24 residents) residen- tial care facility located at 1000 Park Spring Lane, as described in the title of ,this resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "the Application." (ii) On April 18, 1989, the City of Diamond Bar was estab- lished as a duly organized municipal corporation of the State of California. On said date, pursuant to the re- quirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adop- ted it Ordinance No. 1, 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 contains the Development Code of the -County of Los An- geles now currently applicable to development applica- tions, 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, ac- tion was taken on the subject Application, as to consis- tency to the General Plan, pursuant to the terms and provisions of California Government Code Section 65360. (iv) The Planning -Commission of the City of Diamond Bar, on January 14, 1991, conducted a duly noticed public hear- ing on said Application and concluded said public hear- ing on that date. (v) All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 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. Based upon substantial evidence presented to this Com- mission during the above -referenced January 14, 1991 public hearing, and oral testimony provided at the hear- ing, this Commission hereby specifically finds as fol- lows: (a) The Application applies to property presently zoned R-1-8000 located east of Diamond Bar Blvd, north and west of Clear Creek Canyon Drive, in the City of Diamond Bar, California, and consists of approximately .55 acres of land; (b) The property to the north, east, south, and west of the subject site is zoned R-1-8000 and is de- veloped with medium density single family residen- tial development. % (c) The property is depicted within the Community Plan as U2, low to medium density residential develop- ment (3.3 to 6.0); (d) The Application requests permission to expand an existing small adult residential care facility to a large adult care facility capable of caring for a maximum of 24 residents; (e) The development as contemplated -in the Application will contradict the goals and objectives of the proposed general plan, will not be compatible with the uses inithe immediate vicinity of the subject site, and will promote a detrimental condition to persons or property in the immediate vicinity of the subject site. More specifically, the Applica- tion will not be appropriate to the proposed loca- tion for the reasons as follows: (i) The requested development of the site will increase the current development intensity on the site; (ii) The development of the site would create un- desirable traffic patterns in an area cur- rently developed by medium density residen- tial development; 6 " Tl".1��,. �,� _ is - � i _... �, " `""�'Ti i i m u _i �^^ -t - -�-• -_ _ ^_ - < b, The development would create- a visual impair- ment to the existing residential develop- ments; (iv) The development would cause sound to magni- fied to undesirable levels within the exist- ing residential development; (v) The proposed project is likely to have detri- mental impacts on property values of in the general vicinity; (vi) The site is inadequate in size and shape to accommodate the proposed expansion and the necessary improvements associated with the expansion. 3. Based upon the substantial evidence and conclusions set forth herein above, presented to the Commission on Janu- ary 14, 1991 public hearing as set forth above, this Commission, in conformance, with the terms and provisions of California Government Code Section 65360, hereby finds and concludes follows: (a) There is a reasonable probability that the Condi- tional Use Permit will be inconsistent with the proposed general plan; (b) There is substantial probability that the develop- ment will be of substantial detriment to, or in- terfere with, the future adopted general plan for the area of the subject site; and (c) The use proposed in the application will not com- ply with all other applicable requirements of State law and local ordinances. 4. Based upon the substantial evidence presented to the Commission during the above -referenced January 14, 1991 public hearing, and upon the specific findings of fact set forth in paragraphs 1, 2 and 3, above, this Commis- sion hereby finds and concludes as follows: a. The site for the proposed large adult care facili- ty is not located in an area adequate to accommo- date this development. b. The site is located in an area that can not accom- modate this development and remain compatible to surrounding uses without negatively impacting these property owners; C. The proposed use will have a substantial adverse effect on abutting property, or the permitted uses thereof, resulting in the generation of excessive noise, vibration, traffic/other disturbances; and 3 ��..- "117777--- d. The proposed use is not consistent with the goals, policies, standards, and maps of the Development �- Code or the proposed General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4, above, this Commission hereby denies of the Application. ------6. The Pld111Li-11g COILUASsioil hereby provides-n-otize Lo Tarun and Smita Sanghvi that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the Cal- ifornia Code of Civil Procedure Section 1094.6 7. The Planning Commission Secretary is hereby directed (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Tarun and Smita Sanghvi at the address listed in the records of the city. ADOPTED AND APPROVED this 14th day of January, 1991. 6 Vice Chairman Harmony I, James De Stefano, Secretary to the City of Diam4pe- Bar Planning Commission do hereby certify that the foregoing Res- olution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 14th day of January , 1991, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: Grothe, Lin, MacBride, VC/Harmony tl V None Ch/Schey None ATTEST: � Secre ry to the City of Diamond Bar Planning Commission 4