HomeMy WebLinkAboutRES 89-82RESOLUTION NO. 89- 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT APPLICATION NO. 89187, A REQUEST TO
CONTINUE THE OPERATION OF A PRE-SCHOOL
FACILITY WITH EXTENDED DAY CARE ON PROPERTY
LOCATED AT 2249 SOUTH MORNING CANYON ROAD,
DIAMOND BAR, CALIFORNIA, MAKING FINDINGS IN
SUPPORT THEREOF AND IMPOSING CONDITIONS
THEREON.
A. Recitals.
(i) The Diamond Bar Congregational Church heretofore
filed an application for approval to continue the operation of a
pre-school facility with extended day care for 110 children,
denominated as Project No. 89187, located at 2249 South Morning
Canyon Road, City of Diamond Bar, California. Hereinafter in
this Resolution, the subject conditional use permit application
is referred to as "the Project."
(ii) The City Council of the City of Diamond Bar, on
August 15, 1989, conducted a duly noticed public hearing on said
application and concluded said public hearing on that date.
(iii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the City Council of the City of Diamond Bar as follows:
1. This City Council hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of this
I' Resolution are true and correct.
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2. This City Council hereby finds and determines that
the Project is categorically exempt from the requirements of the
California Environmental Quality Act of 1970, as amended,
pursuant to the provisions of 2 California Code of Regulations
Section 15301 (Class 1).
3. Based upon substantial evidence presented to this
Council during the above -referenced August 15, 1989 hearing, and
oral testimony provided at that hearing, this Council hereby
specifically finds as follows:
(a) The Project applies to property presently
zoned R -3 -8000 -IU located at 2249 South Morning Canyon Road,
Diamond Bar, California, and consists of approximately 3.53 acres
of land;
(b) The properties to the north, south, east and
west are developed with condominiums and single-family
residential dwelling units;
(c) The property is depicted within the U-3
(Multi -family Residential) category of the county -wide general
plan;
(d) The site is physically suitable for the
Project, is generally level to sloping and has access to city -
maintained streets;
(e) The Project will not adversely affect the
health, peace, comfort or welfare of persons residing or working
in the surrounding area nor will the Project be materially
detrimental to the use, enjoyment or valuation of property of
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other persons located in the vicinity of the Project, nor will
the Project jeopardize, endanger or otherwise constitute a menace
to the public health, safety or general welfare;
(f) The proposed site is adequate in size and
shape to accommodate the yards, walls, fences, parking and
loading facilities, landscaping and other development features
required pursuant to the ordinances of the City of Diamond Bar;
(g) The proposed site is adequately served by
highways or streets of sufficient width and improved as necessary
to carry the kind and quantity of traffic and other public or
private service facilities as are required.
4. Based upon the findings and conclusions set forth
herein above, this Council, in conformance with the terms and
provisions of California Government Code Section 65360, hereby
finds as follows:
(a) There is a reasonable probability that the
Project will be consistent with the proposed general plan;
(b) There is little or no probability that the
Project will be of substantial detriment to, or interfere with,
the proposed general plan for the area of the subject site; and
(c) The Project, as proposed and conditioned
herein, complies with all other applicable requirements of State
law and local ordinances.
5. Based upon the findings and conclusions set forth
above and the conditions set forth below in this Resolution, this
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Council hereby approves the said Project subject to each and
every condition set forth herein.
6. The City Council hereby imposes the following
reasonable conditions:
(a) This grant shall not be effective for any
purpose until the permittee and the owner of the property
involved (if other than the permittee) have filed at the Office
of the Department of Regional Planning their affidavit stating
that they are aware of, and agree to accept, all of the
conditions of this grant.
(b) The permittee shall defend, indemnify and
hold harmless the City, its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or annul this
permit approval, which action is brought within the applicable
time period of Government Code Section 65907. The City shall
promptly notify the permittee of any claim, action, or proceeding
and the City shall cooperate fully in the defense. If the City
fails to promptly notify the permittee of any claim, action or
proceeding, or if the City fails to cooperate fully in the
defense, the permittee shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
(c) This grant will expire unless exercised
within two years from the date of approval. A one-year time
extension may be requested before the expiration date.
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(d) If any provision of this grant is held or
declared to be invalid, the permit shall be void and the
privileges granted hereunder shall lapse.
(e) The subject property shall be maintained and
operated in full compliance with the conditions of this grant and
any law, statute, ordinance or other regulations applicable to
any development or activity on the subject property. Failure of
the permittee to cease any development or activity not in full
compliance shall be a violation of these conditions.
(f) Notice is hereby given that any person
violating a provisions of this grant is guilty of a misdemeanor.
Notice is further given that the City Council may, after
conducting a public hearing, revoke or modify this grant, if it
finds that these conditions have been violated or that this grant
has been exercised so as to be detrimental to the public health
or safety or so as to be a nuisance.
(g) This grant allows the continued operation of
a church and pre-school facility with extended day care for 110
children subject to the following restrictions as to use:
(1) A minimum of 53 parking spaces shall be
provided on the site. All parking spaces shall be designed and
striped according to City standards.
(2) The maximum number of students attending
the day nursery shall not exceed 110 children at any given time.
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(3) The hours of operation shall be limited
to the hours between 7:00 a.m. and 6:00 p.m., Monday through
Friday.
(4) This grant shall supersede Zone
Exception Case 9115-(1), Conditional Use Permit Case 719-(1), and
Conditional Use Permit Case 1339-(1).
(5) The pre-school shall comply with all
licensing requirements of the State of California. Copies of
these requirements shall be provided by applicant to the City.
(h) Fifteen copies of a revised plot plan,
similar to Exhibit "A" as presented at the public hearing and
conforming to such of the following conditions as can be shown on
a plan, shall be submitted for approval of the Director of
Planning:
(1) Show and dimension all required parking.
The property shall be developed and maintained in
substantial conformance with the approved Exhibit "A". All
revised plot plans must be accompanied by the written
authorization of the property owner.
(i) The subject property shall be developed and
maintained in substantial compliance with the plans on file
marked Exhibit "A". In the event that the subsequent revised
plans are submitted, the written authorization of the property
owner is necessary.
(j) All requirements of the Zoning Ordinance and
of the specific zoning of the subject property must be complied
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1 with unless otherwise set forth in these conditions or shown on
the approved plans.
(k) The subject facility shall be maintained in
compliance with requirements of the Los Angeles County Department
of Health Services. Adequate water and sewage facilities shall
be provided to the satisfaction of said Department.
(1) Upon receipt of this Resolution, the
permittee shall contact the Fire Prevention Bureau of the Los
Angeles County Forester and Fire Warden to determine what
facilities may be necessary to protect the property from fire
hazard. any necessary facilities shall be provided as may be
required by said Department.
(m) Dedicate to the City of Diamond Bar the right
to restrict access to Diamond Bar Boulevard.
(n) Reseal driveway and parking lot, including
restriping of parking lot to City standards.
(o) All structures shall conform with the
requirements of the Division of Building and Safety of the
Department of Public Works.
(p) When the existing sign for the church
facilities is replaced with a new sign, the replacement sign
shall be subject to approval by the City Council, and shall not
exceed eight feet in height measured from the adjacent grade.
7. This Council hereby provides notice to the Diamond
Bar Congregational Church that the time within which judicial
review of the decision represented by this Resolution must be
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sought is governed by the provisions of California Code of Civil
Procedure Section 1094.6
8. The City Clerk is hereby directed to certify to
the adoption of this Resolution and, by certified mail, return
receipt requested, forward a copy to the Diamond Bar
Congregational Church at its address of record as set forth in
the application for said Project.
PASSED, ADOPTED AND APPROVED this 5th day of
September, 1989.
MR
Z NMI y- I �'
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar
do hereby certify that the foregoing Resolution was passed,
adopted and approved at a regular meeting of the City Council of
the City of Diamond Bar held on the 5th day of September
1989, by the following vote:
AYES: COUNCIL MEMBERS: Forbing, Miller, Werner,
Mayor Pro Tem Horcher and
NOES: COUNCIL MEMBERS: None Mayor Papen
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST:
City erk of the City of Diiiond Bar
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