HomeMy WebLinkAboutPC 91-15RESOLUTION NO. 91-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
91-6, AN ARCADE IN AN EXISTING RESTAURANT AND LOCATED IN
DIAMOND CREEK CENTER, AT 21000 COLIMA ROAD, DIAMOND BAR,
CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Frank Barro, 21000 Colima Road, Diamond Bar, Cali-
fornia, has heretofore filed an application for approval of an
arcade, as described in the title of this Resolution. Hereinafter
in this Resolution referred to as "the application".
(ii) On April 18, 1989, the City of Diamond Bar was
j established as a duly organized municipal corporation of the State
of California. On said date, pursuant to the requirements 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 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
Angeles now currently applicable to development applications, in-
cluding 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, action
was taken on the subject application, as to consistency to the
proposed General Plan; pursuant to the terms and provisions of
California Government Code Section 65360.
(iv) On August 26, 1991, the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing on the
application and concluded said public hearing on that date.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Plan-
ning 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. The City Planning Commission hereby finds that the
project has been determined to be categorically
a exempt in compliance with the California Environ-
mental Quality Act of 1970, as amended, and the
Guidelines promulgated thereunder, and further,
this Planning Commission has reviewed and con-
sidered the information in reference to the appli-
cation.
3. The Planning Commission hereby specifically finds
f and determines that, based upon the findings set
forth below, and changes and alterations which
have been incorporated into and conditioned upon
the proposed project set forth in the application,
no significant adverse environmental effects will
occur.
4. Based on the substantial evidence presented to
this Commission during the above -referenced public
hearing on August 26, 1991, and concluded on the
same date, including written and oral staff re-
ports, together with public testimony, and in con-
formance with the terms and provisions of Califor-
nia Government Code Sections 65360, this Commis-
sion hereby specifically finds as follows:
1. Barro's Restaurant is located at 21000 Colima
Road in the Diamond Creek Center.
2. The restaurant has been in operation since
1981 at the present location under the same owner-
ship.
3. The use is compatible with adjacent uses and
is in compliance with the zoning standards.
4. The surrounding land uses to the north, south,
and east are commercial in nature and the land use
to the west is comprised of multiple family devel-
opment in the form of condominiums.
5. The proposed use will not be in substantial
conflict with the proposed General Plan.
6. Granting the proposed conditional use permit
with conditions and restrictions hereinafter men-
tioned will not be in substantial conflict with
any components of the proposed General Plan;
The proposed site has adequate traffic access and
said site is adequately served by other public or
private service facilities which it requires, and;
The location of the proposed land use does not
adversely affect the health, peace, comfort or
welfare of persons residing or working in the sur-
rounding area, and will not be materially detri-
mental to the use, enjoyment, or valuation of pro-
perty of other persons located in the vicinity of
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the site, and will not jeopardize, endanger, or
" otherwise constitute a menace to the public
health, safety or general welfare.
5. Based on the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission
hereby approves the application subject to the
following restrictions as to use:
1. The restaurant is approved for an arcade.
The arcade shall not exceed a maximum of 10 games
on premises.
2. The hours of operation for the restaurant
shall be anytime between 10:00 am and 12:00 midn-
ight, Monday through Sunday, unless otherwise re-
stricted. In no event shall the hours of opera-
tion extend beyond midnight.
6. The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
f
(b) Forthwith transmit a certified copy of this Reso-
lution, to Frank Barro at the address as set forth
on the application.
APPROVED AND ADOPTp THIS TH TH DAY OF AUGUST, 1991
BY THE PLANNING COMMI SION Cs3P THE CIT DIAMOND BAR.
BY:
'Jack Grothe, Chairman
ATTEST
Ja es DeStefano, Se etary
I, James Destefano, Secretary of the Planning Commission of the
f City of Diamond Bar, do hereby certify that the foregoing Resolu-
tion was duly introduced, passed, and adopted by the Planning Com-
mission of the City of Diamond Bar, at a regular meeting of the
Planning Commission held on the 26th day of August, 1991, by the
following vote -to -wit:
AYES: [COMMISSIONERS:] Grothe, Harmony, Lin, McBride,
Schey
NOES: [COMMISSIONERS:] None
ABSTAIN: [COMMISSIONERS:] None
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