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Home My WebLink AboutPC 94-22PC RESOLUTION NO. 9422 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIA- MOND BAR APPROVING CONDITIONAL USE PERMIT NO. 943 AND NEGATIVE DECLARATION NO. 94-5, AN APPLICATION FOR A DRY CLEANING ESTABLISHMENT WITH A RETAIL DRY CLEANING PLANT ON THE PREMISES AT 1164 DIAMOND BAR BLVD. AND MAKING FINDINGS IN SUPPORT THEREOF. A. RECITALS. (i) Nikko Capital Corporation, acting as the agent for Nobuo Okumura, 25812 Maple View Dr., Laguna Hills, CA 92653 has filed an application for a Conditional Use Permit (CUP, as listed in the title of this Resolution, for property located at 1164 S. Diamond Bar Blvd., Diamond Bar, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit 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. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), 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 contain 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 October 10, 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. 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 fords that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. C.7277Fdt31RHMMIM94-3 ]_ 2. The Planning Commission hereby finds that the project has been determined that a Negative Declaration has been prepared and presented for the review and approval by this Commission in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to section 15301(e)(1) of Division 13 of Title 14 of the California Code of Regulations. 3. The Community Development Director 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 the Community Development Director 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, the Community Development Director 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 substantial evidence presented to this Commission during the public hearing, and by written and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: (a) The Application applies to property presently zoned C -3 -BE, located at 11164 S. Diamond Bar Blvd.; (b) Generally, the property to the north of the subject site is zoned R-1-8,000; to the south of the subject site is zoned C -3 -BE; to -the east of the subject site is zoned R-3-8,000(1511) and R -3-8,000-30U; and west of the subject site is zoned C -3 - be. (c) The surrounding properties are developed with similar commercial centers and single family and multiple family residences abut the project to the east. (d) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin on September 16, 1994 and 232 property owners within 500 feet of the project site were notified by mail. (e) _ The Application is for the operation of a dry cleaning plant on-site in an existing dry cleaning facility . (f) The nature, condition, and size of the site has been considered and determined to satisfy all applicable standards. (g) There is substantial evidence in the record that the "Application" is consistent with the proposed contemplated draft General Plan and specific plans as specified C!.MTTE MEPOR7NICVW J 2 in Section 65451 and will not be detrimental to or interfere with the preparation of the future adopted General Plan. (h) That the site is physically suitable for the type of development. (i) That the Conditional Use Permit is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (j} 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. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application subject to the following restrictions as to use: (a) This project shall substantially conform to all plans dated October 10, 1994 as submitted to and approved by the Planning Commission labeled Exhibit "A" as stated herein. (b) This grant allows for a dry cleaning establishment with a dry cleaning plant on the premises. (c) Hours of operation shall be Monday through Friday from 7 a:m. to 7 p.m. and Saturday 8 a.m. to 6 p.m. The hours of operation for dry cleaning equipment shall be 8 a.m. to 4 p.m. (d) All necessary permits shall be obtained from the City and' South Coast Air Quality Management District (SCAQMD). (e) 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. (f) 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. (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 allthe conditions of this grant. f C;V-yTT MUW"RnICUP94-$ 3 6. The Planning Commission Secretary is hereby directed to: (a) Certify to the adoption of this Resolution and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Nikko Capital Corp. and City. Nobuo Okimara at the addresses on file with the ADOPTED AND APPROVED this 24th day of October, 1994 I, James DeStefano, Planning Commission Secretary, 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 24th day of Octo- ber, 1994, by the following vote: AYES: COMMISSIONERS: Plunk, Flamenbaum, Fong, Schad and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: a ATTEST: James DeStefano, SIc re tay rs CVXrMR$UZ&P x=CVPres 4