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HomeMy WebLinkAboutPC 92-03RESOLUTION NO. 92-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, DENYING DEVELOPMENT REVIEW NO. 91-03, A REQUEST TO CONSTRUCT A 5,060 SQ. FT. GOODYEAR TIRE AND SERVICE CENTER IN THE COUNTRY HILLS TOWNE CENTER WITHIN THE C-1 ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The Wolff Company, has heretofore filed an appli- cation as described above in the title of this Resolution. Here- inafter in this Resolution, the subject Development Review Application is 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 fDiamond 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 January 13, 1992 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 February 10, 1992 prior to the adoption of this Resolution. (v) All legal prerequisites to the adoption of this Resolution 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. In all respects as set forth in the Recitals, Part A, of this Resolution are true and correct. 2. 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 Application pertains to a 5,080 sq. ft. Goodyear Tire and Service Center proposed for site no. 14 within Country,Hills Towne Center - Diamond Bar. The site is zoned C-1 (Restricted Commercial). (b) The Country Hills Towne Center operates under Conditional Use Permit 87-002 approved by the County of Los Angeles December 23, 1987. (c) Country Hills Towne Center, as described in the Conditional Use Permit, is contemplated to be a mixed used use commercial center serving the residential development surrounding the center. (d) The Application as submitted would contradict the goals and objectives of the proposed General Plan and would promote detrimental conditions to the persons and properties in the immediate vicinity of the Site insofar as it would locate an auto repair and maintenance facility in a location that would prohibit the neighboring residential development from the full enjoyment of there property. (e) The design of the Application is not consistent with the proposed General Plan insofar as requiring a sound barrier in excess of the allowed standards. (f) The Application, if approved, would create an unsuitable type of development that would be detrimental to the public health, safety and welfare, and mentally injurious to the properties or improvements in the vicinity. 3. Based upon the substantial evidence presented to this Planning Commission during the above -referenced public hearing, and upon the specific findings of fact as set forth above, this Planning Commission hereby finds and concludes as follows: (a) The Application is not in conformance with the goals and policies of the proposed General Plan and the codes of the City of Diamond Bar. (b) Pursuant to the provisions of the California Government Code section 65360, this Planning Commission hereby i finds and determines as follows: (i) The City of Diamond Bar is proceeding in a timely fashion with the preparation of the General Plan. (ii) There is a reasonable probability that the proposed Application will be inconsistent with the General Plan proposal being considered or studied. (iii) There is a probability of substantial 4 detriment to or interference with the future adopted General Plan if the Application as proposed were approved and determined to ultimately be inconsistent with the General Plan. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby denies the Application described herein. 5. 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 the Wolff Company at the address as set forth on the Application. APPROVED AND ADOPATHIE 24TH OF FEBRUARY, 1.992 BY THE PLANNING COMMISSI Y O IA11 BAR. BY ck Grothe, Chman 1 ATTEST s DeSte faro, Secretary t 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 24th day of February, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS:] Grothe, Harmony NOES: [COMMISSIONERS:] Flamenbaum ABSTAINED: [COMMISSIONERS:] MacBride ABSENT: [COMMISSIONERS:] Schey �. Tom' '�'lll'I�I99VV 6� 1 i � --7., r, rl, _-