HomeMy WebLinkAboutPC 91-12RESOLUTION NO. 91-11-
I A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING CONDITIONAL
USE PERMIT 91-4, AN APPLICATION TO ALLOW THE
PLACEMENT AND MAINTENANCE OPERATION OF TWO
(2) ADDITIONAL EARTH STATIONS AT 20965
LYCOMING STREET,(LOT 1, TRACT 32554) AND
CATEGORICAL ESEMPTION,AND MAKING FINDINGS IN
SUPPORT THEREOF
A. Recitals.
1. Jones Intercable, Inc. has filed an application for a
Conditional Use Permit (CUP) for property located at
20965 Lycoming Street, Diamond Bar, CA, as described in
the title of this resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit applica-
tion 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 Appli-
cation, within the City of Diamond Bar.
3. Because of its recent incorporation, the City of Dia-
mond Bar lacks an operative General Plan. Accordingly,
action was taken on the subject Application, as to
consistency 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
June 10, 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 June 10, 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 MPD, north side of Lycoming Street located
at 20965 Lycoming Street, City of Diamond Bar,
California.
b. Generally, the property to the north of the
subject site is zoned M-1.5; south of the subject
site is zoned C-1; east of the subject site is
zoned C -2 -BE; and west C -M -BE.
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
commercial uses. It will not be materially detri-
mental to the use, enjoyment, or valuation of
property 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 an effect on the
environment and is categorically exempt.
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 June
10, 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
for this case, labeled Exhibit "A" dates June 10,
1991.
b. The entitlement granted hereby shall expire one
calendar year from date of approval unless the
development approved by this resolution has
substantially commenced. A one year extension may
be requested in writing prior to the expiration
date of this grant.
C. The Applicant shall replace the broken redwood
slats that are woven into the existing chain link
fencing.
d. The applicant shall submit irrigation plans and
landscape plans that indicate the addition of
vines which will scale the chain link fence, and
provide for the addition of ground cover in
existing planters, and the addition of oleanders
along the flood control channel. The oleanders
shall be maintained at a height that will not
interfere with the operation of parabolic
antennae.
e. The applicant shall submit landscape and
irrigation plans for review by the Planning
Department within 30 days of the Conditional Use
Permit approval. Landscaping shall be completed
within 90 days of Conditional Use Permit approval.
f. The applicant shall resurface and restripe all
parking lot areas to City specifications.
g. All conditions of Conditional Use Permit No. 2071-
(1) remains in effect unless superseded by
Conditional Use Permit 91-4.
h. 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
violated, the permit shall be suspended and the
privileges granted shall lapse; provided that
applicant has been given written notice .to cease
such violation and has failed to do so for a peri-
od of thirty (30) days.
i. This grant shall not be effective for any purpose
until the permittee and owner of the property in-
volved (if other than thepermittee) 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 91-4
and the Categorical Exemption.
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, by certified mail, return receipt request-
ed, to Jones Intercable Inc., 20965 Lycoming
Street Walnut,, CA 91789
6. This Commission hereby provides notice to Jones
Intercable, Inc. that the time within which judicial
review of the decision represented by this Resolution
must be sought is governed by the provisions to the
California Code of Civil Procedures Section 1094.6.
ADOPTED AND APPROVED this loth day of June 1991.
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ChairmanL�_1
I, James DeStefano, Secretary to the City of Diamond Bar Planning
Commission do hereby certify that the forgoing Resolution was,
passed, adopted and approved at a regular meeting of the Planning
Commission of the City of Diamond Bar held on the 10th day of
June, 1991, by the following vote:
AYES: COMMISSIONERS: Grothe, McBride, Ch/Shey,
VC/Harmony
NOES: COMMISSIONERS: none
ABSENT: COMMISSIONERS: Lin
ABSTAINED: COMMISSIONERS: none
ATTEST:
Secretary, to the lanning Commission