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Home My WebLink AboutPC 91-19Ii_ --� -�.....�. RESOLUTION NO. 91-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 91-11 AND NEGATIVE DECLARATION, AN APPLICATION TO LOCATE A PYLON SIGN AND A DIRECTIONAL SIGN AT BEST WESTERN HOTEL, DIAMOND BAR AT 259 GENTLE SPRINGS - PARCEL MAP #15547, LOT #1. A. Recitals 1. Best Western Hotel, Diamond Bar has filed an application for a Conditional Use Permit (CUP) located at 259 Gentle Springs, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 m Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development w 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, action was taken on the subject Application, as to consistency to the General Plan, pursuant to the terms and provisions of California Government § 65360. 4. The Planning Commission of the City of Diamond Bar, on October 28, 1991 conducted a duly noticed public hearing on said Appli- cation, continued said public hearing to November 25, 1991, and concluded said hearing on such continued date. 5. 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 I t are true and correct. 2. The Planning Commission hereby finds that the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, and, further this Planning Commission'�d has reviewed and, considered the information contained in the ,I!� said Negative Declaration with respect to the application. 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, no significant adverse environmental effects will occur. 4. Based upon substantial evidence presented to this Commission during the above referenced public hearings and oral testimony provided at the hearings, this Commission hereby specifically finds as follows: (a) The project- relates to a site which is comprised of 5 acres with a hotel and restaurant, within the CPD zone, on the North side of Gentle Springs, City of Diamond Bar, California. (b) Generally, to the North and West is the Pomona Freeway; to the South is R -3-15U zone; to the Southwest is M -1 -PD -BE zone and OS zone which consists of a golf course; to the East is CPD; to the Northeast is C -2 -BE zone. (c) The nature, condition, and size of the site has been con- sidered. The site is adequate in size to accommodate the use. ' (d) The Conditional Use Permit will not have an adverse impact on adjacent or adjoining residential commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and the Conditional Use Permit will not adversely affect the health or welfare of persons residing or work- ing in the surrounding area. (e) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject property. Fail- ure of the permittee to cease any development shall be a violation of these conditions. (f) Notification of the public hearing for this project has been made. (g) Nothwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game Code, payment thereof shall be'made by the applicant prior to u the issuance of any building permit or any other entitlement. f 5. Based upon the substantial evidence and conclusion set forth herein above, and conditions set forth below in this Resolution, presented to the Planning Commission on November y. 25, 1991, public hearing as set forth above, this Commission in conformance with the terms and provisions of California Government Code § 65360, hereby finds and concludes as follows: (a) The granting of this Conditional Use Permit is based on the reasonable probability that the sign request considered herein will be consistent with the General Plan on the basis of review of the draft General Plan presently under going review by the City. There is little or no probability of substantial detriment to or interference with the finally adopted General Plan if this application is granted and the same is ultimately inconsistent with the Plan because the unique physical circumstances applicable. to the subject site, together with the conditions applied hereto, serve to minimize and deleterious impacts which could otherwise arise. Further, this project's demonstrated compliance with all applicable requirements of State law and local ordinance in addition to the referenced conditions serves to insure this entitlement is harmonious with and beneficial to the community. (b) The development shall substantially conform to all plans dated November 25, 1991 as submitted to and approved by the Planning Commission labeled Exhibits "A", B" and "C" as amended herein. (c) This grant allows for the installation of an internally lighted pylon sign, sixty feet (601) in height with a sign face area of one hundred and twenty-eight (128) square feet; and an internally lighted directional pole sign of six feet (61) in height and a sign face area 9.075 square feet. (d) The Applicant shall install a planter, with landscaping and irrigation, eighteen feet (181) by thirty-six feet (361) to surround the base of the pylon sign. i (6) The Applicant shall submit a landscape plan and irrigation plan within thirty (30) days of receipt of the certified copy of this resolution and prior to the issuance of a Building Permit, for review and approval -by the Planning Division. (f) The pylon sign shall be removed, or modified, upon change of land use to any land use which does not permit such on- site pylon signage, so as to comply with the applicable zoning regulations. (g) The Applicant shall obtain proper permits for the construction of the pylon sign and directional sign as required in the City of Diamond Bar and pay an additional processing fee to the Planning Division. (h) This grant shall not be effective for any purpose until .k the permittee and owner of the property involved (if other than the permittee) have filed, at the City of Diamond Bar Community Development Department, their affidavit, stating that they are aware of and agree to'accept all the conditions of this grant. (i) The Planning Commission hereby specifically finds and determined that, based upon the initial study, findings set forth, and conditions applied to this application, the proposed Conditional Use Permit will not have a significant adverse effect on the environment. (j) The Planning Commission hereby finds that Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further, this Commission has reviewed and considered the information contained in said Negative Declaration, with respect to the project identified in the Resolution. (k) The Planning Commission finds that facts supporting the above specified findings are contained in the Negative Declaration, the staff report and exhibits, and the information provided to this Commission during the public hearing conducted with respect to the project and the Negative Declaration, mitigation measures will be made a condition of approval of said project and are intended to mitigate and/or avoid environmental effects identified in the Negative Declaration. (1) The Planning Commission hereby finds the Negative Declaration has been prepared in compliance with the Callifornia Environmental Quallity Act of 1970, as amended, and the guidelines promulgated thereunder. Further, this Commission has reviewed and considered the information contained in said Negative Declaration and effects will occur with respect to the project identified, in this Resolution, and that the project will not individually or cumulatively have and adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. 6. This Commission hereby provides notice to Best Western Hotel, Diamond Bar that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the California Code of Civil Procedure section 1094.6 The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and `` i (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Best Western Hotel, Diamond Bar, at the address as set forth on the application. APPROVED AND AD PIED TIiI'S TEIL; 25 DAY OF NOVEMBER, 1991. PLANNING SION THE CT'DY 'U t'XDIND BAR. BY: ,,rr � • �✓/`�-"' NkGheuChairman ATTEST oJeStefab, Secretary � I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of November, 1991, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:]