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Home My WebLink AboutPC 94-04PC RESOLUTION NO. 94-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 94-1, A REQUEST TO OPERATE AN EMERGENCY HELISPOT ON IN A RESIDENTIAL ZONE (RPD 20,000-2U) LOCATED AT 800 PANTERA DRIVE, DIAMOND BAR, CALIFORNIA, AND MAK- ING AKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The County of Los Angeles Fire Department, 1320 N. Eastern Ave., Los Angeles, California, 90063, has heretofore filed an application for approval of a conditional use permit, 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. 14, 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. (iii) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. (iv) On March 14, 1994, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (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. 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. 1 2. The Planning Commission hereby finds that the initial study review prepared by the City of Diamond Bar and Negative Declaration No. 94-2 has been prepared in compliance with the California Environmental!''' Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further said negative declaration reflects the independent judgement of the City of Diamond Bar; 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 Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the. California Code of Regulations. 4. Based on the substantial evidence presented to this Commission during the above -referenced public hearing on March 14, 1994, and concluded on said date, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of Califor- nia Government Code Section 65361, this Commission hereby specifi- , cally finds as follows: (A) The application applies to property located east of 800 Pantera Drive, on lot 9 of Tract 31479, and is located in the RPD 20,000-2U Zone. (B) Properties to the south, east and west are developed with single family residences, the site immediately to the east and north is the future location of the Pantera Park and Pantera School. (C) The applicant's request is to operate an emergency helispot on a knoll overlooking the future Pantera Park. and Pantera School sites. The project will assist in fighting grass fires in the area and firefighter training. (D) The subject property has been rough graded and will require minimal improvements to complete the project. (E) The Fire Department will use only environmentally safe, non- hazardous fire retardant materials on all flights from this site. (F) The site is sufficient in size and can provide adequate ingress and "J egress to allow helicopter flight landings and vehicles for intermittent maintenance and training. (G) There is a reasonable probability that the project proposed in the application will be consistent with the proposed General Plan; (Fi) That the requested use at the location proposed will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or (3) Jeopardize, endanger or otherwise constitute a menace to public safety or general welfare; and (4) That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and (5) That the proposed site is adequately served: (a) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and (b) By other public or private service facilities as are required. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Planing Commission hereby approves the application subject to the restrictions and conditions listed below: (1) This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed, at the office of Diamond Bar Community Development Department, an affidavit stating that the applicant is aware of, - } and accepts all the conditions of this permit; 3 (2) That three copies of the plot plan and marked Exhibit "A" and conforming to such of the following conditions as can shown on a il'' ore, plan, shall be submitted for p approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. (3) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. {4) The property shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by a duly permitted waste contractor who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. W„ I' (5) The applicant must comply with all federal, state, Zone RPD 20,000-2U, Engineering Department, and Building and Safety Department requirements, and that all grading, and drainage plans shall conform to all City standards or as amended by this action and shown on the approved plans. (6) The pilot shall comply with the following restrictions related to the operation of the helicopter: (a) Reduce ground idle to 67 percent of the in-flight rpm's (100 percent); (b) Point the nose of the helicopter toward the nearest sensitive use (ie residential or school) during departure maneuvers as conditions allow; (c) Maintain the approved flight path to the extent conditions possible so as to reduce the overflight of sensitive uses. (7) All grading activities shall be restricted to operation between the hours of 8 a.m. to 5 p.m. Monday through Friday and off-site 4 transportation of export materials shall be restricted to the hours between 8 a.m. and 5 p.m. Monday through Friday. All staging areas shall be shown on the approved grading plans. Street cleaning with water and sweepers of all residential 'streets on the truck route to the site shall be cleaned every other day for the duration of on-site grading and exportation activities. (8) Fire Department training shall be limited to conducting sessions only between the hours of 9:30 a.m. to 5:00 p.m. (9) The City Manager or designee shall monitor the noise restrictions herein on a monthly basis and report any violations to the Code Enforcement Officer, who shall take appropriate action. NOW, THEREFORE, BE IT RESOLVED, that a copy of this resolution be transmitted via certified mail, to the Los Angeles County Fire Department, at the address as set forth on the application. PASSED AND APPROVED, this 14th day of March, 1994. BY - ave 'iVi 'erg` a man �v I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, by the Planning Commission on the 14th day of March, 1994, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Fong, Plunk, and Meyer NOES: COMMISSIONERS: Schad ABSENT: COMMISSIONERS: ABSTAIN: CO`MMiSSIO�FRS ATTEST:vn'+�� Ja es DeStefano, Secreltary 1 I M� 5