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HomeMy WebLinkAboutprr 23 - CUP2008-030 • PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.2 MEETING DATE: March 25, 2008 CASE/FILE NUMBER: Conditional Use Permit No. 2008-03 PROJECT LOCATION: 1673 Maple Hill Road Diamond Bar, CA 91765 APPLICATION REQUEST: To continue using Diamond Bar Hills Club as a recreational facility. PROPERTY'OWNERS: Diamond Bar Hills Club 1673 Maple Hill Road Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley 350 N. Garey Pomona, CA 91767 STAFF RECOMMENDATION: Conditionally Approve 0 BACKGROUND: CJ On December 16, 1965, Zone Exception 7949-(1) was approved by the County of Los Angeles Regional Planning Commission to operate a recreational facility at 1673 Maple Hill Road. Applicant, YMCA of Pomona Valley is in escrow to purchase the property and has submitted an application to continue using Diamond Bar Hills Club as a recreational facility. The subject site belongs to the Diamond Bar Hills Club Homeowners Association, and will continue to be subject to the HOA's covenants, restrictions, and conditions. ANALYSIS: A. Review Authority (DBMC § 22.08.030) A Conditional Use Permit (CUP) approval is required to establish a recreational facility. Because the Diamond Bar Hills Club was established prior to the requirement for a CUP, it is considered a nonconforming use. Through the granting of a CUP, the facility will then be considered a conforming use, and would no longer be encumbered if physical improvements are proposed in the future. B. Site and Surrounding General Plan, Zoning and Uses C. Conditional Use Permit (DBMC 4 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. Page 2 Conditional Use Permit No. 2008-03 General Plan Zone Development _ Uses Code Standards Site Low/Medium R-1-8,000 RLM Recreational Density Facility Residential North Low/Medium R-1-8,000 RLM Single Family Density Residential Residential South Low/Medium R-1-8,000 RLM Single Family Density Residential Residential East Low/Medium R-1-8,000 RLM Single Family Density Residential Residential West Low/Medium R-1-8,000 RLM Single Family Density Residential Residential C. Conditional Use Permit (DBMC 4 22.58) The Conditional Use Permit provides a process to review the effects of a specified use allowed in various zoning district on the surrounding area and to ensure that the proposed use will protect the public health, safety and welfare. Page 2 Conditional Use Permit No. 2008-03 1. Business Description 0 Presently, Diamond Bar Hills Club uses the site a recreational facility, which operates as a swim and fitness club seven days a week. YMCA will continue to accommodate the same business operations. 2. Operational Characteristics YMCA does not plan on making any changes to the existing operational characteristics. Days of Operation Monday— Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 pm Peak Hour of Operation 6:00 am to 1:00 pm Number of Class Per Business Day Swim Team Practice: 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:00pm to 8:00 pm Time Frame Per Class 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Employees 15 employees Vehicles Used For Business None Special Events/Exhibitions None 3. Parking In accordance with the Development Code Section 22.30.030, Table 3-10 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking requirement as stated above. Based on the Development Code Parking Standards the Page 3 Conditional Use Permit No. 2008-03 parking spaces provided will be adequate to support the continued use of the property. Based on the analysis above, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. D. Additional Review The Public Works Department, Community Services Department and the Building and Safety Division reviewed this project. Their comments are included in the resolutions as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with Section 15301 of the CEQA Guidelines (continued operation of existing facilities involving negligible or no expansion of use). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008- 03, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. Prepared by: Planning TecVician Attachments: Reviewed by: Greg Gubman, AICP Planning Manager 1. Draft Resolution of Approval with required findings 2. Aerial 3. Zoning Exception Case No. 7949(1) 4. Exhibit "A Project Plans with Photographs Page 4 Conditional Use Permit No. 2008-03 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-03, A REQUEST TO CONTINUE USING DIAMOND BAR HILLS CLUB AS A RECREATIONAL FACILITY AT 1673 MAPLE HILL ROAD, (APN: 8293-018- 008), DIAMOND BAR, CA. A. RECITALS Applicant, YMCA, has filed an application for Conditional Use Permit No. 2008-03, for property located at 1673 Maple Hill Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application," or "Proposed Use." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On March 25, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act (CEQA) and guidelines promulgated there under in that the existing facility shall have no expansion of use. Furthermore, the categorical exemption reflects the independent judgment 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 wildlife 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; CJ 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: a) The project site is within an existing single family residential zone located nearthe Northwest cornerof Maple Hill Road and Diamond Bar Boulevard. The proposed use will occupy a space of 4,100 square feet within a 2.13 acre lot at 1673 Maple Hill Road. b) The project site has a General Plan land use designation of Single Family Residential (RLM); c) The zoning designation for the project site is Low/Medium Residential RLM), in within which recreational uses may be established, subject to approval of a Conditional Use Permit; d) Generally the following zones surround the project site: North: Low/Medium Residential (RLM) zone; South: Low/Medium Residential (RLM) zone; East: Low/Medium Residential (RLM) zone; West: Low/Medium Residential (RLM) zone; e) According to Development Code Section(s) 22.58 and 22.01.030 Table 2-6, this Application is a request to obtain a Conditional Use Permit to allow the continued use of a recreational facility. The site consists of a swimming pool, two basketball courts, and a recreational facility. Conditional Use Permit f) The Proposed Use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The Proposed Use is permitted in the RLM Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code. g) The Proposed Use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of Low Density Residential, which provides for the establishment of cultural facilities, libraries, museums, park, playgrounds, recreational facilities, religious place of worship, schools, and single family residential. The Proposed Use is considered a recreational facility which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. 2 CUP 2008-03 h) The design, location, size and operation characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity; The proposed use is in fact an existing facility that has existed in harmony within its surroundings since 1965. The project site is approximately 2.18 acres and developed with an existing recreational office of approximately 4,100 square feet, a swimming pool, two basketball courts, open playing field and 25 parking spaces. No physical changes to the facility are proposed at this time. Pursuant to Development Code Section 22.30.030, Table 3-10, 22 parking spaces are required for the Proposed Use. A total of 25 parking spaces are provided on site, which exceeds the minimum parking -requirement as stated above. On the basis of the Development Code Parking Standards, the parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; The Proposed Use, as referenced above in Items (f) and (h), meets the required development standards for the RLM zone with a Conditional Use Permit'and as conditioned in this resolution, will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the recreational facility is existing, and the proposed use does not require access modification. As a result, the subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints Q) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (t) through Q), the Proposed Use as conditioned herein will meet the City's minimum development standards. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 3 CUP 2008-03 In accordance with the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations, for the reason stated in Section B.2 of this resolution. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division a) The project shall substantially conform to a site plan, floor plan, and photographs of the site labeled as Exhibit "A," as submitted, amended herein and approved by the Planning Commission. b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monda — Sundays Hours of Operation Monday through Friday: 5:30 pm to 9:00 pm Saturday: 8:00 am to 6:00 pm Sunday: 1:00 pm to 6:00 pm Peak Hour of Operation 6:00 am to 1:00 pm Swim Team Practice: Number of Class Per Business Day 6:30 am to 8:30 am Swim Lessons offers 4 classes between 8:30 am to 12:00 pm Recreational Swim: 12:00 m to 8:00 pm Time Frame Per Class. 50 minutes Number of Students Per Swim Class 5 Age of Students 3 to 18 years old; Kindergarten through twelve grades students are main target Number of Teachers/Em p to ees 15 employees Vehicles Used For Business None Special Events/Exhibitions None 4 CUP 2008-03 Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval. c) This Conditional Use Permit shall be valid only for 1673 Maple Hill Road. If the Proposed Use moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. d) The applicant shall apply for and obtain sign permits and applicable permit fees prior to the installation of any exterior sign. The tenant improvement plans submitted for plan check and building permit include the following statement: "separate permit is required for all wall and monument signs." 6. 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, to: YMCA of Pomona Valley, 350 N. Garey, Pomona, CA 91767 APPROVED AND ADOPTED THIS 25th OF MARCH 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Chairman I, Nancy Fong, 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 25th day of March 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP 2008-03 E COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-03 SUBJECT: To continue using Diamond Bar Hills Club as a recreational facility PROPERTY OWNER: Diamond Bar Hills Club, 1673 Maple Hill Road, Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley LOCATION: 1673 Maple Hill Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2008-03 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 0 CUP 2008-03 a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2008-03, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. Signed copies of the Planning Commission Resolution No. 2008-xx, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are. not required to be wet sealed/stamped by a licensed Engineer/Architect. 4. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 5. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 6. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 7. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 8. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to 7 CUP 2008-03 0 0 the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. 2008-03 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. END 8 CUP 2008-03 Page 1 of 1 http://gis.ci.diamond-bar.ca.us/Print/printview.aspx 12/11/2007 MILTON BREiVOGEL DIRECTOR „1: PLANNING COUNTY OF LOS ANGELES FRED M. GEEIHART /// THE REGIONAL PLANNING COMMISSION C;HiEP QEPUT'Y 9iRECTCR; 320 WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012 TELEPHONE 628-9211 Dimond Bar, Proper-ties,. 1 a limiter punnerihip8194RawaaaAgue 14a Angeles 39s, Callfolmia eu.t subject: Zone Excep ian caro re erCod'? o ar 1, S; Jose Zad District COMMISSIONERS ARTHUR J. BAUM CHAIRMAN MRS. L. S. BACA VICE-CHAIRMAN ALSON E. ABERNETHY LOUIS KANASTER OWEN H. LEWIS I IRMA RUTHER SECRETARY TO THE COMMISSION a.e st The € -r4. to the r ex0eptim, -granted by41nnem-881orl at Its l a or ecea-b r 14Y 1965Vanalased. This exception 4.s A. petty located :866 iie nortl Creat Drlve,, in the San J*S& Zoned District. W attemtiot Is called to the fllowin Cs.rb so. 9, requires 4,00pt.ce b thethewico-aption; won* f ail n tdof 2-0 'the., thaw aetbaak requiremr, of t. o o r€ O M0 ' and 3 Y ' 3$'iZ" -must e 1 ied with "leas afec-ifIC&IlYintheptionor on a toyed plot'. V -6 -hey 1"Ifteen day period follouring your recel.pta of. thioletter -2 thisc.iz-i n mAY bo appealed 1110, ISOa.rd -OX 151up'visorsbywrittenC=w=-ication and- d-opolsit. of the wrtw-&n-t raeaerg"ry tovet$ ane cost a -recti transcript of she ublaic h r caution should 'be eixe,rciaed JA Very .—uly Yours, c lovuto & C 8t -q--0 , C-hief Deputy : cWr c * E%41413%m,L. Safety; ; ; ?.'d' "r same f3aa d — ing y 0rtus,. les za, , ilo:,raiaDesignDivision County D"Ire Department ZM ORS -(l y That portion ship 2 South, County of Los follows: LEGAL DESCRIPTION of the Southeast quarter of Section 21, Town - Range 9 West, San Bernardino Meridian, in the Angeles, State of California, described as Commencing at a point in the center line of Diamond Boulevard 120.00 feet wide, distant thereon North 50009'00" East 1789.00 feet from the intersection with the center line of KIOWA CREST DRIVE, as shown on map of Tract No. 27979 recorded in Book 735 pages 73 to 77 of. Maps records of said County; thence North 39°51'00" West 461.82 feet; to the true point of beginning; thence South 50009'00" West 413.05 feet; thence along the following courses and distances: North 7025'02" East 16.52 feet; North 8048'04" East 141.65 feet; North 1009'09" East 158.87 feet; North 6040'39" West'77.29 feet; North 2803224" West 58.90 feet; North 50°09'00" East 136.50 feet and South 39151'00" East 347.14 feet to the true point of beginning.',„ '' ZONE EXCEPTION CASE NO. 7949-(l) CONDITIONS 1. That applicant shall submit for approval of the Director of Planning, three copies of a revised plot plan showing develop- ment similar to that presented at the public hearing and incor- porating such of the following conditions as can be shown on a plan. The property shall thereafter be developed and maintained substantially in conformance with such approved revised plan; 24. That paved parking spaces for a minimum of 25 automobiles shall be provided on subject property; 3. That a chain link or ornamental fence not less than 5 feet in height be placed at the top of the slope of the premises, within the setback area, which area shall be landscaped; 4. That a 42 inch masonry wall shall be constructed along the property border adjacent to areas used for parking; 5• That the membership of the facility shall be limited to resi- dents of the adjoining tract (Tract No. 25049), and the use thereof limited to said persons and their guests only; 6. That there shall be no sale of alcoholic beverages on the premises at any time;. 7. That provisions be made for all natural drainage to the satis- faction of the County Engineer. Drainage plans and two signed grading plans shall be submitted to the County Engineer, Design Division, for approval prior to grading or construction; 8. That applicant comply with requirements of the Forester and Fire Warden; 9. This exception shall not be effective for any purpose until the representative of the applicant for the use requested, on the property involved, has filed at the office of said Regional Planning Commission his affidavit stating that he is aware of and accepts all the conditions of.this exception; 10. It is hereby declared to be the intent that if any provision of this exception is held or declared to be invalid the exception shall be void and the privileges granted hereunder shall lapse; 11. It is hereby declared and made a condition of this exception that if any condition is violated or if any other law, statute or ordinance is violated the exception shall be suspended and the privileges granted hereunder shall lapse; 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. DMF: LM: gl a j THE REGIONAL PUNNING COMMISSION - COUNTY OF LOS tivGEl,._ DkTE OF HEE.RING: December 1, 1965 TO: Milton Breivo el Director of Planning REPORT ON: ZONE EXCEPTION CASE NO. ) Filed: October 22, 1965 1--pplicant: Diamond Bar Properties Owner: Request; Location: Zone: 289+ Rowena Avenue Los Lngeles 39, California Same Community Recreation Center Northwesterly side of Diamond Bar Boulevard, 1800 feet northeasterly of Kiowa Crest Drive San Jose Zoned District R- 3- 8000 Q PHrr, F, G / C Ru 4Y Aid S6A E zo(A.. Ci AiriP s • 1 ZONE EXCEPTION CkSE NO. 7J49 -U) D-TE OF HEj-.RING : FRCTU. L Di --Ti- REPORT December 1, 1965 r_PPLICi_NT'S PROPOS_L: To construct a semi -private club with recreational facilities consisting of a swimming pool, tennis courts, club house, childrens play area, parking area and other miscellaneous small game courts or areas on property located in the R-3-8,000 (Limited Multiple Residence - 8,000 square foot minimum required area) Zone. The plot plan marked Exhibit "All indicates the proposed development to be located on a proposed street with 64 foot right-of-way. Ingress and egress to the development will be from one 28 foot driveway. The community center building contains approximately 2700 square feet of floor area. Twenty-five parking spaces are provided. Based on the floor area, 77 parking spaces should be provided. Landscaping is shown along the easterly and westerly sides of subject property. This use is permitted in the R-4 (Unlimited Residence) as a matter of course. FkCTUxL DI -TA BEE.RING ON THIS CkSE ARE NOTED AS FOLLO'.JS: 1. The subject property is a level triangular shaped vacant parcel loc&ted on the northwesterly side of.Dismond Bar Boulevard approximately 1800 feet northeasterly of the intersection of Diamond Bar Boulevard and Kiowa Crest Drive. The surroundingareaisvacant. 2. The subject prolierty is zoned R-3-8,000 by Ordinance 7347 effective June 27, 1958• 3. Nearest public right-of-way is Diamond Bar Boulevard a.major highway. One notice of this hearing was mailed by first class mail, postage prepaid, on November 15, 1965, to the person whose name appeared on the latest available assessment roll of the Countyassessorasapropertyownerofrecordwithina500 -foot radiusoftheboundariesofthepropertyunderconsideration. Ten additional notices of this hearing were .mailed on the same date to persons whose names appeared on a -courtesy. Legal notice of this hearing was published in the Progress BulletinonThursday, November 18, 1965. Respectfully submitted, Larry Malone Planning ,Assi-stant Lei : gl ZONE EXCEPTION CASE NO. 7149-(1) December 1, 1965 SUMMARY OF THE HEARING The applicant's representative was sworn and testified the proposal is to develop a recreational center for the tract under development in the. area, and its use would be limited to residents of the tract and their guests. There was no opposition to the granting of this exception. THE ZONING BOARD FINDS: 1-4 being -items 1-4 of the Factual Data Report. 5. There were no protests to the granting of this exception. 6. Such exception will not be materially detrimental to the public welfare nor to the property of other persons located in the vici- nity thereof. THE ZONING BOARD RECOMMENDS: That this exception be GRANTED subject to the attached conditions. ZONING BOARD MEMBERS CONCURRING: Mr. Kanaster, Chairman; Mrs. Baca, Mr. Christenson COUNTY COUNSEL present: Mr. Byrne DMF: LM: gl ZONE EXCEPTION CASE NO. 44.9-(1) CONDITIONS 1. That applicant shall submit for approval of the Director of Planning,.three copies of a revised plot plan showing.develop- ment similar to that presented at the public hearing and incor- porating such of the following conditions as can be shown on a plan. The property shall thereafter be developed and maintained substantially in conformance with such approved revised plan; 2. That paved parking spaces for a minimum of 25 automobiles shall be provided on subject property; 3• That a chain link dr ornamental fence not less than.5 feet in height be placed at the top of the slope of the premises, within the setback area, which area shall be landscaped; 4. That a 42 inch masonry wall shall be constructed along the property border adjacent to areas used for parking; 5. That the membership of the facility shall be limited to resi- dents of the adjoining tract (Tract No. 25049), and the use thereof limited to said persons and their guests only; 6. That there shall be no sale of alcoholic beverages on the premises at ,any time; 7. That provisions be made for all natural drainage to the satis- faction of the County Engineer. Drainage plans and two signed grading plans shall be submitted to the County Engineer,DesignDivision, for approval prior to grading or construction; 8. That applicant comply with requirements of the Forester and FireWarden; 9• This exception shall not be effective for any purpose until the representative of the applicant for the use requested, on thepropertyinvolved, has filed at the office of said Regional Planning Commission his affidavit stating that he is aware of and accepts all the conditions of this exception; 10. It is hereby declared to be the intent that if any provision ofthisexceptionisheldordeclaredtobeinvalidtheexceptionshallbevoidandtheprivilegesgrantedhereundershalllapse; 11. It is hereby declared and made a condition of this exceptionthatifanyconditionisviolatedorifanyotherlaw, statute or ordinance is violated the exception shall be suspended andtheprivilegesgrantedhereundershalllapse; provided that the applicant has been given written notice to cease such violationandhasfailedtodosoforaperiodof..thirty (30) days. 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