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HomeMy WebLinkAboutPC 92-09RESOLUTION NO. 92-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.91-14 AND NEGATIVE DECLARATION NO. 92- 2, AN APPLICATION FOR A DRY CLEANING ESTABLISHMENT WITH A DRY CLEANING PLANT ON THE PREMISES AT 1397-99 DIAMOND BAR BLVD. PARCEL 33 OF PARCEL MAP #16789. A. RECITALS. 1. The applicants, Eko and Monica Kuntjoro, located at 38 Willowbrook Lane, Pomona, California, has filed an application for a Conditional Use Permit (CUP) located in Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is sometimes referred to as "the 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 State of California, Goverment Code 557376, 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, 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 with the Draft General Plan, pursuant to the terms and provisions of California Government Code Section 65360. 4. The Planning Commission of the City of Diamond Bar, on February 10, 1992, conducted a duly noticed public hearing on said Application and concluded said hearing'on such 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 Planning Commission of the City of Diamond Bar as follows: F_1 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 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 has reviewed and considered the information contained in the said Negative Declaration with respect to the project identified in this Resolution. 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 1.92 acres with retail shops and restaurants within the C -3 -BE zone, on Diamond Bar Blvd. between Montefino Ave. and Mountain Laurel Way, City of Diamond Bar, California. (b) Generally, the property to the north is Residential Planned Development -8,000 square foot lots -9 units (RPD - 8,000 -9U) zone; property to the south is Limited Multiple Residential -Minimum Lot Size 8,000 square feet (R-1- 8,000) and R -3-81000-30U zones; and property to the west is R-1-8,000 zone. (c) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use. (d) The Conditional Use Permit will not have an adverse effect 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 working in the surrounding area. (e) It is hereby declared that and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted shall lapse; provided that the applicant has been given written 2 I 0 notice to cease such violation and has failed to do so for a period of thirty (30) days. (f) Notification of the public hearing for this project has been made in conformance with Los Angeles County Code adopted by the City. (g) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pu suant to Section 711.4 of the Fish and Game Code, payor nt thereof shall be made by the applicant prior to he issuance of any building permit or any other entitlement. 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 February 10, 1992, at the public hearing referenced herein, this Commission in conformance with the terms and provisions of California Government Code S 65360, hereby finds and concludes as follows: (a) The granting of this Conditional Use Permit is based on the reasonable probability that the project request considered herein will be consistent with the General Plan on the basis of review of the draft General Plan presently under goin review by the City. There is little or no probabi ity of substantial detriment to or interference with th finally adopted General Plan if this application is granted and the same is ultimately inconsistent with thPlan because the unique physical circumstances applic ble to the subject site, together with the conditions pplied hereto, serve to minimize any and deleterious impa is which could otherwise arise. Further, this projec has demonstrated compliance with all applicable requi ements 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 February 10, 19 2 as submitted to and approved by the Planning Commissi n labeled Exhibits "A", and "B" as stated herein. (c) This grant allows for a dry cleaning establishment with a dry cleaning plant on the premises. (d) Hours of operation sh 11 be Monday through Friday from 7:a.m. to 7 p.m. and aturday 8 a.m. to 5 p.m. The hours of operation for dry leaning equipment shall be 8 a.m. to 4 p.m. 3 i (e) All necessary permits shall be obtained from the City and South Coast Air Quality Management District. (f) The Applicant_ shall submit plans to the Building and Safety Division and the Fire Department for review before the issuance of permits. (g) This grant shall not be effective for any purpose until 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. (h) The development approved by this Resolution shall be substantially completed within one (1) year of date of approval. A year extension may be requested in writing prior to the expiration day 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 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 have been made a condition of approval of said project which mitigate and/or avoid environmental effects identified in the Negative Declaration. (k) The Planning Commission hereby finds the Negative - Declaration has been prepared in compliance with the California Environmental Quality 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 tv Eko and Monica Kuntjoro, that the time sithin which judicial review of the decision represented by this Resolution must be sought is s of the California Code of Civil governed by the provisionN Procedure Section 1094.6.; 4 The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Eko and Monica Kuntjoro, at the address as set forth on the application. APPROVED AND ADOPTED THIS T 10� DAY EBRUARY, 1992. PLANNING COMMI N OF N CITY 82AMONn ack Gr�7 jChairman ATTEST: L.dames DeStefa o, 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 10th day of February, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOTES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Schey, MacBride, Grothe Harmony Flamenbaum