HomeMy WebLinkAboutPC 93-14PC RESOLUTION NO. 93-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT 91-8 (1), TO EXTEND THE HOURS OF
OPERATION OF A BILLIARD HALL LOCATED IN THE COLIMA PLAZA,
AT 20627 COLIMA ROAD, DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Jung Ho, and Xeon Ho Kim, 11275 Bethany Dr., Alta
Loma, California, have heretofore filed an application to amend
CUP No. 91-8 for approval to operate a billiard hall between the
hours of 11:00 a.m. and 2:00 a.m., 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) The City of Diamond Bar lacks on operative General
Plan. Pursuant to the order issued by the Los Angeles County
Superior Court, action was taken on the subject application as to
the consistency with the General Plan, pursuant to the terms and
provisions of Ordinance No. 4 (1992) of the City of Diamond Bar.
(iv) On May 10, 1993 the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing on the
application, continued to May 24, 1993 and concluded said public
hearing on that date.
(v) All legal prerequisites to the adoption of this
Resoluti n have occurred.
B. Res lution.
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
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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 theiy
environmental analysis conducted previously,
specifically, the Negative Declaration prepared
and certified for Conditional Use Permit No.
89551, does not require supplementation,
amendment, or subsequent analysis, in compliance
with the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated
thereunder,
3. Based on the substantial evidence presented to
this Commission during the above -referenced public.
hearing on May 10, 1993, and concluded on May 24,
1992, and in conformance with Ordinance No. 4
(1992) of the City of Diamond Bar, this Commission
hereby specifically finds as follows:
(a) The billiard hall is located at 20627 Colima
Road in the Colima Plaza and was approved by
the Planning Commission on September 23,
1991.
(b) The unit is located in building #1 and the
unit is currently in operation.
(c) The use as proposed with the extension of the
hours of operation is compatible with
adjacent uses, is not inconsistent, with the
development standards of the C-2 Zone and is
compatible with the commercial center.
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(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) Pursuant to the requirements set forth in
Ordinance No. 4 (1992) substantial evidence
exists considering the record as whole, to
the determine that the conditional use permit
modification, as conditioned herein, will not
be detrimental to or interfere with the
General Plan adopted or under consideration
by the City.
(g) The proposed use will:
(1) not adversely affect the health, peace
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and comfort of persons residing or working in
F7 the area by intensifying the use of the
neighborhood center;
�(2) not be materially detrimental to the use,
enjoyment or valuation of property of other
persons located in the vicinity of the
project by increasing the hours that
commercial uses will operate thus generating
traffic over longer periods;
(3) not 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
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,
except as modified herein.
2. The hours of operation for the billiard room
are limited the hours between 11:00 a.m. and
�,. 2:00 a.m. daily unless otherwise restricted.
3. No one shall be admitted under the age of IS
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 is
prohibited on the premises.
5. At least one (1) employee over the age of 21
shall be, on premises at all times of
operation.
6. At least one (1) security person over the age
of 21 shall be on premises during hours of
operation. The security person may be
uniformed or un -uniformed and may be the
owner of the business or his designee. A
licensed uniformed security person shall be
provided between the hours of 12:00 midnight
and 2:00 a.m. to the satisfaction of the
Community Development Director and the
Sheriff Department.
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7. The billiard hall shall comply with the
existing sign ordinance but in no
circumstances shall the main public entrance y!r.
or the windows which front onto the public dG;
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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.
8. The project shall comply with all C-2 Zone,
Building and Safety Department, and CUP No.
86284 requirements except as amended herein.
9. This grant will immediately 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. All special events shall be required to have
the proper permits obtained from the Planning
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 opening
for business. All such licenses must be
renewed as appropriate and noncompliance with
this condition is grounds for revocation of
this grant.
12. The City reserves the right to review the
Conditional Use Permit, and any amendment
thereto at a public hearing, at any time and
modify the conditions herein listed, as
deemed appropriate.
6. The Planning Commission Secretary shall:
a (a) Certify to the adoption of this Resolution;
and
(b) Forthwith transmit a certified copy of this
Resolution, to Jung Ho and Yeon Ho Kim at the
. address as set forth on the application.
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APPROVED AND ADOPTED THIS THE 14TH DAY OF JUNE, 1993 BY
THE PLANNING COMM ION OF THE CITY OF DIAMOND BAR.
BY: _
Bruce Flamenbaum, Chairman
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 14th day of June, 1993, by the
following vote -to -wit:
AYES: [COMMISSIONERS:] Meyer, Flamenbaum, Li
NOES: [COMMISSIONERS:] Grothe, Plunk
ABSTAIN: [COMMISSIONERS:]
r ABSENT: [COMMISSIONERS:]
ATTEST
J mes DeStefano, Secretary
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