HomeMy WebLinkAboutPC 91-16RESOLUTION NO. 91-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING AN EXTENSION OF TIME
FOR A RESTAURANT PROJECT APPROVED VIA CONDITIONAL USE
PERMIT NO. 90-70 AND LOCATED IN GATEWAY CORPORATE CENTER,
AT 21671 GATEWAY CENTER DRIVE, DIAMOND BAR, CALIFORNIA,
AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) AR Investments, Inc., 1135 S. Sunset Ave. Ste. 308,
West Covina, California, has heretofore filed an application for
approval of an Extension of Time to exercise Conditional Use Per-
mit 90-70 as described in the title of this Resolution. Hereinaf-
ter in this Resolution referred to as "the application".
(ii) On April 18, 1989, the City of Diamond Bar was
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
i 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
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
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:
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1. The subject site is approximately 2.5 acres
in size and is located at 21671 East Copely Drive
in the Gateway Corporate Center.
2. The site has been approved for a restaurant,
__. approximately 9,000 square feet in size, via Con-
ditional Use Permit 90-70 granted by the Planning
Commission on August 27, 1990.
3. The property to the east is developed with a
hotel, Days Inn, and lies on an approximately two
(2) acre lot.
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4. The properties to the east and west are cur-
rently vacant and no development projects have
! been submitted to the City. The northern boundary
of property fronts onto Golden Springs.
5. The design and layout of the proposed devel-
opment is consistent with applicable elements of
the Gateway Corporate Center design guidelines.
6. The time extension will not affect the integ-
rity of the restaurant use or the enjoyment of the
adjacent property owners.
7. The extension of time will not create additio-
nal traffic or pedestrian hazards.
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8. The extension of time will not affected the
design or the layout of the previously approved
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restaurant project and the project will remain
harmonious with the current and proposed land
uses.
9. The proposed development will not be detrimen-
tal to the public health, safety, or welfare or
materially injurious to the properties or improve-
ments in the vicinity.
10. The proposed site is adequate in size and
shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and
other development features prescribed in the Ordi-
nance in order to integrate said use with the uses
in the surrounding area;
Granting the extension of time hereinafter
mentioned 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
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 Extension of Time, is granted and will
expire if not exercised within one (1) year
from the date of this approval. No add-
itional extension of time may be allowed as a
part of this application. No other grants
are implied as a part of this action.
6. The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Reso-
lution, to AR Investments at the address as set
forth on the application.
APPROVED AND ADOPTED THIS THE 26TH DAY OF AUGUST, 1991
BY THE PLANNING COMMISS N OF ITY OF PeAMOND BAR.
BY:
ck Grothe, Chairman
ATTEST ff
J ,)hes DeStefano , Secretary
I, James Destefano, Secretary of the Planning Commission of the
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
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ABSTAIN: [COMMISSIONERS:] None