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Home My WebLink AboutPC 92-27— _- —--'--'_-•,�.,.�,•..�.-,..i�li�du�l4udm.www.,�......,_ _.......,....wxo�_. _ , :-�----_,�,...� .��...�... RESOLUTION NO. 92-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 92-10 AND MITIGATED NEGATIVE DECLARATION NO. 92-6 AN APPLICATION FOR AN EXISTING DRY CLEANING BUSINESS TO INSTALL A DRY CLEANING PLANT ON THE PREMISES LOCATED AT 2020 S. BREA CANYON RD. # A-4 WITHIN THE PLAZA DIAMOND BAR RETAIL SHOPPING CENTER. A. Recitals 1. Fermin and Margaret Bitolas have filed an application for Conditional Use Permit No. 92-10 for a dry cleaning plant in the Plaza Diamond Bar retail shopping center located at 2020 S.Brea Canyon Rd., Diamond Bar, Los Angeles County,- California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review 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 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 .(1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on November 23, 1992 conducted a duly noticed public meet- ing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion 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. The 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 certifies that an Initial Study and mitigate Negative Declaration were prepared and which analyze this application and that said Initial Study and mitigate Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said Initial Study and mitigate Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guideline promulgated thereunder, and that the Planning Commission has reviewed and considered the information contained in said Initial Study and mitigated Negative Declaration. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole,including 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, there is no evidence before this Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Commission, the Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Notwithstanding the provisions of this paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any building permits. 4. Based upon the findings and conclusions set forth herein, this Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately five (5) -acres developed with a retail shopping center identified as Plaza Diamond Bar within the Neighborhood Business -Development Plan -Billboard Exclusion(C-2-DP-BE) zone with General Plan designation of Professional Office (OP) and is located at 2020 S. Brea Canyon Road, City of Diamond Bar, California. 2 (b) Generally, property to the northwest is RPD - 10,000 -6U and R-1-15,000 zones; to the south is RPD -10,000-6U zone; to the east is the orange Freeway; and to the west is CPD and RPD -10,000-6U zone. (c) The subject site for the project is adequately served by Brea Canyon Road and Pathfinder Road. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use. (e) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the contemplated General Plan. (f) Notification of the public hearing for this project has been made in conformance with the Los Angeles County Code adopted by the City. (h) Approval of this project will not have an adverse impact on adjacent or adjoining residential or commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect the health or welfare of persons residing in the surrounding area. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, 4, and conditions set forth below in this Resolution, presented to the Planning Commission on November 23, 1992, public meeting as set forth above, the Commission, hereby finds and concludes as follows: (a) The project shall substantially conform to all plans dated November 23, 1992 as submitted to and approved by the Planning Commission. labeled Exhibit "A" and "B". (b) The daily hours of operation may be between 6 a.m. and 10 p.m. (c) Applicant shall obtain and maintain all necessary permits from the City, South Coast Air Quality Management District, and the Fire Department. (d) 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, 3 1111111 141W 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. Further, this grant shall not be effective until the permittee pays remaining Planning Division processing fees. (e) It is hereby declared that and made a condition of this permit that if any condition hereof is violated, or if any law, statue, or. ordinance is violated, the permit may be revoked; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Fermin and Margaret Bitolas located at 2020 S. Brea Canyon Road, #A-4, Diamond Bar, California, 91765. APPROVED AND ADOPTED THIS THE 23TH DAY OF NOVEMBER, 1992, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. B Y : Bruce Flamenbaum, Chairman 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, at a regular meeting of the Planning Commission 'held on the 23th day of November, 1992, by the following vote: AYES: [COMMISSIONERS:] Flamenbaum, MacBride, Grothe, Meyer NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Li ABSTAIN: [COMMISSIONERS:] ATTEST: JPes Aecretary 4