HomeMy WebLinkAboutPC 91-03RESOLUTION NO. PC 91-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR REQUESTING APPROVAL OF
CONDITIONAL USE PERMIT 90-0128, AN APPLICATION
TO ALLOW A FULLY AUTOMATED VIDEO KIOSK AT 1139
dv, SOUTH DIAMOND BAR BOULEVARD ON THE STANDARD
BRANDS PAINT STORE PARCEL - PARCEL 3 OF PARCEL
MAP 16890, MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
1. Rudy Figueroa, on behalf of Video Kiosk Corporation and
Standard Brands Paint has filed an application for a
Conditional Use Permit (CUP) located at 1139 South
Diamond Bar Boulevard, Diamond Bar, Ca., as described in
the title of this resolution. Hereinafter in this Reso-
lution, the subject Conditional Use Permit application
is referred to as "the Application."
2. 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, Title 21 and 22, the City Council of the City of
Diamond Bar adopted 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
r County Code contains 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.
3. 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.
4. The Planning Commission of the City of Diamond Bar, on
January 28, 1991, conducted a duly noticed public hear-
ing on said Application and concluded said public hear-
ing on that date.
5. All legal prerequisites to the adoption of this Resolu-
tion have occurred.
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
ill this Resolution are true and correct.
2. Based upon substantial evidence presented to this Com-
mission during the above -referenced January 28, 1991,
public hearing, and continued to February 11, 1991,
a
hearing and oral testimony provided at the hearing, this
Commission hereby specifically finds as follows:
(a) The Application applies to property presently
zoned C -3 -BE, north side of Diamond Bar Blvd,
located at 1139 Diamond Bar Boulevard, City of
Diamond Bar, California.
(b) Generally, the property to the north and west of
the subject site is zoned R-3-8,000 25U, south of
the subject site is zoned C -3 -BE, east of the
subject site is zoned C -3 -BE and R-3-8,000 25U.
(c) The property is in compliance with the commercial
category of the Community Plan.
(d) The conditional use will not adversely affect the
health or welfare of persons residing or working
in the surrounding area.
(e) The conditional use will not have an adverse
impact on adjacent or adjoining residential and
commercial uses. It will not be materially
detrimental to -the use, enjoyment, or valuation of
property of other persons located in the vicinity.
(f) The nature, condition, and size of the site has
been considered. The site is adequate to
accommodate the use.
(g) The project will not have a significant effect on
the environment and a Negative Declaration has
been prepared.
-' (h) Notification to the public hearing for this
project has been made.
3. Based upon the substantial evidence and conclusions set
forth herein above, and conditions set forth below in
this Resolution, presented to the Commission on January
28, 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 as follows:
(a)
The approval shall be exercised within a period of
one year.
(b)
This project shall be developed ,in substantial
conformance with the site plan marked Exhibit " B"
and elevations marked Exhibit "C".
(c)
All on-site utility services shall be installed
underground.
(d)
During construction, the site shall be maintained
in such a way as to prevent spillage or building
materials from the public right-of-way.
(e)
Any work to be done within the City right-of-way
requires prior approval from the Engineering
Department of the City of Diamond Bar. The
appropriate permits are to be obtained and all
construction is to be per City specifications.
(f)
The applicant shall provide handicap access/one
handicap parking space, a landscape plan, irri-
gation plan and a lighting plan which will meet
the requirements of the Walnut Valley Sheriff's
Department for security, and the approval of the
(g) Applicant shall supply two trash cans, one to be
located inside the video kiosk and one to be
located outside the video kiosk.
(h) Applicant shall maintain and service the kiosk
structure in such a manner which would keep the
structure as attractive as when constructed.
(i) Applicant shall submit plans for signage to the
Planning Department in the City of Diamond Bar for
approval.
(j) Security measures shall be created that will meet
the approval of the Walnut Valley Sheriff's
Department and the City of Diamond Bar.
(k) Applicant shall sign a written statement stating
that he has read, understands, and agrees to the
conditions of the granting of CUP 90-0128.
4. Based upon the findings and conditions set forth, the
Commission during the above -referenced January 28, 1991,
public hearing and February 11, 1991, public hearing,
and upon the specific findings of fact set forth in
paragraphs 1, 2 and 3, above, the Commission hereby
approves this CUP 90-0128.
5. An initial study has been prepared for CUP 90-0128
pursuant to § 15063 of the California Environmental
Quality Act Guidelines.
6. The Planning Commission Secretary is hereby directed to:
(a) Certify the adoption of this Resolution, and,
(b) Forthwith transmit a copy of this Resolution, by
certified mail, return receipt requested to
Videomatic Kiosk Corporation and Standard Brands
Paint at the address listed in records of the City
of Diamond Bar.
ADOPTED AND APPROVED this lith day f February, 1991.
Ch/Schey
I, James DeStefano, Secretary to the City ofDi and Bar
Planning Commission do hereby certify that the f going Res-
olution was passed, adopted and approved at a regular meeting
of the Planning Commission of the City of Diamond Bar held on
the 11th day of February, 1991, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAINED: COMMISSIONERS:
VC/Harmony, Grothe, MacBride t
Chair/Schey
C/Lin
ATTEST: r? �!✓
Secreary to the P=anning Commission