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Home My WebLink AboutPC 91-26RESOLUTION NO. 91-26 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING CONDITIONAL USE PERMIT }J 91-8, FOR A BILLIARD HALL LOCATED IN COLIMA PLAZA, AT 20627 COLIMA ROAD, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. I (i) Jung Ho and Yeon Ho Kim, 11275 Bethany Dr., Alta Loma, California, has heretofore filed an application for approval of a billiard hall, 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 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 September 23, 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 November 25, 1991. (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 Commissioa hereby finds for a Negative Declaration in compliance with the Cali- fornia Environmental Quality Act of 1970, as amen- ded, and the Guidelines promulgated thereunder, and further, this Planning Commission has reviewed .mow and considered the information in reference 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 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 September 23, 1991, and concluded on November 25, 1991, including written and oral staff reports,, together with public, testimony, and in conformance with the terms and provisions of California Government Code Sections 65360, this Commission hereby specifically finds as follows: A. The billiard hall is located at 20.627 Colima Rd. in the Colima Plaza. B. The unit is located in building #1 and the unit is currently vacant. C. The use is compatible with adjacent uses and is in compliance with the zoning standards and will not conflict with the conditional use permit for the commercial center. D. The surrounding land uses to the north and are single family residential in nature, the land use to the east is commercial and the site is bounded to the north by the Pomona Freeway. F. The proposed use will not be in substantial conflict with the proposed General Pian: i G. The proposed use will not: f (a) adversely affect the health, peace and comfort' of persons residing or working in the area, or (b) be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the project, or (c) jeopardize, endanger -or otherwise constitute a menace to public health, safety or general order to integrate said use with the uses in the surrounding area; and (d) the site is adequately served by highways or streets and public service facilities. 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 billiard room is approved and shall be in substantial compliance with the submitted plans marked "Exhibit All dated 9/23/91, 7. 1 A. ..,,,. ,., _. ,.i e_ - „1., ,..,7_: -d: . - . !M, ,., ,.., 1. er, A ,�,11-1 — P"1111— "r . , nn, ,.,,, n.,..., d1kLm ,. 11,. _.,--, 0.,. except as modified herein. No pocket pool tables shall be permitted on the premises. 2. The hours of operation for the billiard room may be between 11:00 am and 12:00 midnight Monday through Sunday unless otherwise restricted. In no event to exceed shall the hours of operation extend beyond midnight. 3. No one shall be admitted under the age of 18 without parent or guardian. Identification must be shown upon entrance or prior to engaging or playing on a billiard table. 4. Consumption or possession of alcohol and is prohibited on the premises. Gambling is also 9. This grant will expire if not exercised within one (1) year from the date of this approval. An extension of time, not to exceed one (1) year, may be requested in writing not less the 30 days prior the date of expiration. 10. Tournament play or similar special events shall be required to have the proper permits obtained from the Community Development Department or Planning commission, prior to scheduling or conducting the event. 11. All business licenses which are required for this use must be obtained prior to this grant prohibited on premises. 5. At least one (1) employee over the age of 18 shall be on premises at all times of operation and; 6. At least,one (1) security person over the -age of 21 shall be on premises at all times. The security person may be uniformed or un - uniformed and may be the owner of the business or his designee. 7. In no circumstances shall the main public entrance or the windows which front onto the public sidewalk be covered in any manner on more than .10 percent of each individual surface or in any manner which would prohibit visual access into or out of the unit to the satisfaction of the City. Additionally, no structures may be placed in such a manner that unobstructed visual access into and I throughout the unit may not be achieved. 8. The project shall comply with all requirements of the C-2 zone, and CUP 86284. 9. This grant will expire if not exercised within one (1) year from the date of this approval. An extension of time, not to exceed one (1) year, may be requested in writing not less the 30 days prior the date of expiration. 10. Tournament play or similar special events shall be required to have the proper permits obtained from the Community Development Department or Planning commission, prior to scheduling or conducting the event. 11. All business licenses which are required for this use must be obtained prior to this grant M being valid and exercised. All such licenses must be renewed as appropriate and noncompliance with this condition is grounds for revocation of this grant. 12. The applicant shall conform to all applicable State, county, and local laws in respect to the use and, operations of this billiard facility. The applicant shall not permit, suffer, allow or tolerate the existence or causation of any nuisance or similar disrupting influence as arises from the use and operation of this facility. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Reso- lution and affidavit of acceptance, to Jung Ho and Yeon Ho Kim at the address as set forth on the ap- plication. APPROVED AND ADOPTED THIS THE 25TH,,,DAY OF NOVEMBER, 1991 BY THE PLANNING COMMISS OF 1,TY rAMOND BAR. BY: - v ATTEST Pes JDeSttfano, 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 25th day of November, 1991, by the following vote -to -wit: AYES: [COMMISSIONERS:] Grothe, Harmony, MacBride, and Schey NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Lin