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HomeMy WebLinkAboutPC 95-15RESOLUTION NO. 95-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 95-2 A REQUEST TO LOCATE AND OPERATE AN UNMANNED REMEDIATION COMPOUND LOCATED AT 3302 S. DIAMOND BAR BLVD., DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. Ralph Moran, acting as the agent for ARCO, P.O. Box 6037, Artesia, CA 90702 has filed an application for Conditional Use Permit No. 95-2 as described above in the title of this Resolution. Hereinafter in this Resolution the project, located at address indicated in the title of this Resolution, shall be referred to as "the application". -2. 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. 3. Action was taken on the subject application as to the consistency with the General Plan and has been determined to be in conformance with the document. 4. On August 14, 1995 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. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by g the Planning Commission of the City of Diamond Bar as follows: - 1. This Planning Commission hereby specifically finds that all of facts set forth in 1 the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project is categorically exempt��u'i'�: pursuant to section 15301 (f) and 15303, in compliance with the California W' Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder'and reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having consideredthe 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. 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. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on August 14, 1995 and concluded on that date, including written and oral staff reports, together with public testimony, and in conformance with Ordinance No. 4 (1992), the Planning Commission hereby specifically finds as follows: (a) The Application applies to a site approximately 2 acres in size located at 3302 S. Diamond Bar Blvd. at the AWPM Minimart. The project site lies within Zone CPD and allows the proposed use by Conditional Use Permit. (b) Generally, the subject site is surrounded by the SR 57 Freeway, Diamond Bar Blvd. and Brea Canyon Road. (c) The surrounding properties are developed with freeways, two story office building, and commercial retail development. The site is located approximately 200 ft. from residential development. (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 August 4, 1995 and twenty eight (28) property owners within 500 feet of the project site were notified by mail. (e) The Application is for the construction and operation of an unmanned 2 remediation compound. (f) That the requested use at the location will not: t r, (1) ,Adversely affect the health, peace, comfort or welfare of persons residing 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 .health, safety or general welfare; and (g) That the proposed site is adequate in size and shape to accommodate the yards, walls, parking facilities, landscaping and other development features prescribed in this approval; and (h) That the proposed site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would .generate, and (2) By other public or private service facilities as are required. v; (h) Notification of the public hearing for this project has been made; (i) The proposed project is consistent with the applicable elements of the City's General Plan, design guidelines and architectural criteria of the appropriate district; (j) _ The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with the General Plan, hereby finds as follows: (a) The project is consistent with the adopted General Plan; (b) Substantial evidence exists, considering the records as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the adopted General Plan. 6. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, this Commission hereby approves the application subject to the following restrictions as to use and standard conditions contained within this document: 3 Conditions of Approval (1) The remediation compound is approved with a 6 ft. block wall enclosure substantially conforming to the existing commercial structure, undergrounding of all electrical equipment and incorporation of landscaping of reduce visual impacts. Three copies of the revised plot plan and landscape and irrigation, plan marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. - (2) That the applicant must comply with all local, State, Zone CPD, and Building and Safety Department requirements. (3) This grant is valid for two years and must be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (4) 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, the Affidavit of Acceptance stating that the applicant is aware of, and accepts all the con- ditions of this permit; LJ (5) That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property must be complied with, unless set forth in j the permit and shown on the approved plans; (6) Appropriate fire suppression equipment shall be installed as a component of the system within the interior of the compound. O Signage related to commercial advertisement is prohibited from placement on the enclosure as a part of this approval. (8) If the remediation compound is determined not to conform to the air quality or noise standards presented as a part of the approval, the City may require that the applicant immediately cease operation of the system until the system is brought into compliance. (9) The applicant is required to submit quarterly monitoring reports to the City. (10) Upon completion of the remediation process, the site shall be returned to its previous state with all landscaping returned to its current state. x f 4 a h (11) The Building Department requires that all structural components of the project must be designed to 80 mph wind factor and exposure -C. 7. The Planning Commission Secretary Shall: (a) Certify to the adoption of this Resolution; and s (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt request, to: Ralph Moran and ARCO at the addresses as set forth on the Application. APPROVED AND ADOPTED THIS 14th DAY OF AUGUST, 1995 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR Robert H , Acting Chairman 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 14th day of August, 1995, by the following vote: AYES: COMMISSIONERS: Meyer, Schad, Fong, and Huff NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Yjamenbaum ATTEST: Ja DeStefano, Se-retary C.°ttErtFMUWS0 MCVM5-2.REs 5