HomeMy WebLinkAboutPC 91-07RESOLUTION NO. 91- 7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USED
PERMIT 91-002, AN APPLICATION TO ALLOW A DRY
CLEANING ESTABLISHMENT AND OPERATION OF A DRY
CLEANING AND LAUNDRY PLANT AT 1155 DIAMOND BAR
BOULEVARD, SUITE I (PARCEL 1 OF PARCEL MAP 17337)
A MITIGATED NEGATIVE DECLARATION MAKING FINDINGS
IN SUPPORT THEREOF
A. Recitals.
1. Samuel Ommen has filed an application for a Conditional
Use Permit (CUP) for property located at 1155 Diamond
Bar Boulevard, Suite I, 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 its Ordinance No. 1, thereby adopt-
ing 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 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
March 25, 1991, conducted a duly noticed public hearing
on said Application, and concluded said public hearing
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
this Resolution are true and correct.
2. Based on substantial evidence presented to this Commis-
sion
during the above -referenced March 25, 1991, public
<.., 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. lo-
cated at 1155 Diamond Bar Blvd., Suite I, 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 sub-
ject 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 have an adverse im-
pact on adjacent or adjoining residential and com-
mercial uses. It will not be materially detrimen-
tal to the use, enjoyment, or valuation of proper-
ty of other persons located in the vicinity.
e.
The conditional use will not adversely affect the
health or welfare of persons residing or working
in the surrounding area.
f.
The nature, condition, and size of the site has
been considered. The site is adequate to accommo-
date the use.
g. The project will not have a significant effect on
the environment and a Mitigated Negative Declara-
tion has been prepared.
h. Notification of the public hearing for this pro-
ject has been made.
3. Based upon the substantial evidence and conclusion set
forth herein above, and conditions set forth below in
this Resolution, presented to the Commission on March
25, 1991, public hearing as set forth above, this com-
mission, in conformance with the terms and provisions of
California Government Code Section 65360, hereby finds
and concludes as follows:
a. This project shall be developed in substantial
conformance with plans which have been submitted.
b. The approval shall expire, unless extended, within
a period of one year from the date of approval.
See Exhibits A and B.
II'
C. Hours of operation shall be Monday through Friday
from 7 a.m. to 7 p.m. and Saturday from 8 a.m. to
5 p.m. The hours of operation for dry cleaning
equipment shall be 7 a.m. to 3 p.m.
d. All necessary permits shall be obtained from the
City and SCAQMD.
e. The applicant shall submit a final site plan,
floor plan for review and approval from the Plan-
ning, Building and Safety, and Fire Departments.
f. It is hereby declared that and made a condition of
this permit that if any condition hereof is vio-
lated, or if any law, statue, or ordinance is vio-
lated, the permit shall be suspended and the priv-
ileges granted shall lapse; provided that appli-
cant has been given written notice to cease such
violation and has failed' to do so for a period of
thirty (30) days.
g. This grant shall not be effective for any purpose
until the permittee and owner of the property in-
volved (if other than the permittee) have filed,
at the City of Diamond Bar Planning Department,
their affidavit stating that they are aware of and
agree to accept all the conditions of this grant.
4. Based upon the findings and conditions set forth herein
above, this Commission, in conformance with the terms
and provisions of California Government Code Section
65360, hereby approves the application this CUP 91-002
and the Mitigated Negative Declaration.
5. 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 Reso-
lution, to Samuel Ommen, 991 South Grinnel Street,
Anaheim, CA 92807
I, James DeStefano, Secretary to the City of Diamond Bar Planning
Commission do hereby certify that the foregoing Resolution was
passed, adopted and approved at a regular meeting of the Planning
Commisssion of the City of Diamond Bar held on the 25th day of
March, 1991, by the following vote:
AYES: COMMISSIONERS: Grothe, MacBride, Lin,
Ch/Schey, and VC Harmony
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAINED: COMMISSIONERS: None
ATTEST:
Secret ry to the Planning Commission
ADOPTED AND APPROVED this 25th day of March, 1991.
_..�-�r �r _.. mm.� 111 11 ur 1, [I Tw .� a-`-