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HomeMy WebLinkAboutRES 93-59- RESOLUTION NO. 93-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DENYING AN APPEAL AND SUSTAINING THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 91-12(1) (AMENDING CONDITIONAL USX PERMIT NO. 91-12) AND DEVELOPMENT RXVIER NO. 93-2, AN APPLICATION TO CONSTRUCT A RESTAURANT WITH A LOUNGE/BAR AND PATIO DINING, AND MITIGATED NEGATIVE DECLARATION NO. 93-6 LOCATED AT 2757 8. DIAMOND BAR BOULEVARD. A. Recitals 1. The Applicant, Hamburger Hamlet and the Property Owner, Landsing Pacific Fund, heretofore have filed an application for Conditional Use Permit No. 91-12(1) (amending Conditional Use Permit No. 91-12) to permit a restaurant with a lounge/bar and patio dining on a developable pad that was previously approved for a drive-thru restaurant and retail shops and Development Review No. 93-2 for construction of a restaurant on Pad #15, Lot 15 of Tract No. 18722 located at 2757 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review applica- tions are collectively referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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 (1989), 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. The City of Diamond Bar lacks an operative General Plan. Pursuant to judgement rendered by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on _ May 24, 1993 conducted a duly noticed public hearing and approved the Application with conditions. 5. The Appellant, on June 3, 1993, filed an appeal of Planning Commission Resolution No. 93-15. 6. Notification of the public hearing for this project has been made in the San Gabriel valley Tribune and the Inland valley Daily Bulletin newspapers on June 11, 1993. Notification of 92 property owners within a 500 foot radius of the project site was mailed on June 10, 1993- 7. 993. 7. The Appellant, on June 25, 1993, file a request for. continuance of the appeal until July 20, 1993. 8. The City Council of the City of Diamond Bar, on July 20, 1993 conducted and concluded a duly noticed public hearing on said appeal. 9. All legal prerequisites to the adoption of this Resolu- tion 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. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council specifically finds that the initial study prepared and reviewed by the City of Diamond Bar and Negative Declaration No. 93-6 has been prepared for this project 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 City Council 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 City Council 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 City Council 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 upon the findings and conclusions set forth herein, this City Council, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a parcel of 15,999 square feet within an existing retail shopping center of approximately 17.7 acres identified as Country Hills Towne Center located at 2757 S. Diamond Bar Boulevard, City of Diamond Bar, California 91765. The project is located within the restricted Business Zone (C-1) and has a General Plan Land Use designation of General Commercial (C)). (b) Generally, the proposed project is surrounded by the following zones: to the north and west is the Single Family Residential Zone -minimum lot size 7,500 square feet (R-1-7,500); to the south is the Residential Planned Development Zone -15 units per acre (RPD -15U); to the east is Single Family Residential Zone -minimum lot size 20,000 square feet (R-1-20,000). (c) In accordance with the procedures set forth in Ordinance No.4 (1992), substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the General Plan adopted or under consideration by the City. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate proposed development. Conditional Use Permit: (e) Approval of the proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. 3 (f) Approval of the proposed project will not be materially detrimental to the use, enjoyment, or — valuation of property of other persons located in the vicinity of the site. (g) Approval of the proposed project will not jeopardize, endanger or otherwise constitute a menace to public health, safety, or general welfare. (h) The proposed project is adequately served by Diamond Bar Boulevard, Fountain Springs Road, and Cold Springs Lane. Development Review: (i) The design and lay out of the proposed project is consistent with the applicable elements of the General Plan, adopted or under consideration by the City and pursuant to the provisions of Ordinance No.4 (1992), design guidelines and of the appropriated district, and any adopted architectural criteria for specialized area, such as designate historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. (j) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. (k) The architectural design of the proposed project is compatible with character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Development Review Ordinance No. 5 (1990). (1) The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (m) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 2 5. Based upon the substantial evidence and conclusions set _- forth hereinabove, this City Council denies the subject appeal and sustains the action of the Planning Commission subject to the following additional conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, and landscape plan labeled collectively as Exhibit "A" dated May 24, 1993 as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement 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 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. (c) Applicant shall provide an enclosed recycling bin. Within 60 days of approval of this grant, the Applicant shall submit to the City for review and approval a revised site plan indicating the location of the recycling bin. (d) The hours of operation for the restaurant shall be Monday through Thursday il.a.m. to 11 p.m., Friday through Saturday 11 a.m. to 12 midnight and Sunday 10 a.m. to 11 p.m. Restaurant patrons shall be allowed a reasonable time to complete their orders. (e) Deliveries for the restaurant shall not occur between the hours of 6 p.m. and 8 a.m. (f) There shall be no amplified sound or music within . the patio dining area. (g) There shall be no live entertainment incorporated into the restaurant facility. 5 (h) Mechanical equipment located on the roof of the restaurant facility shall be screened from public view. (i) Property Owner shall provide a sidewalk at the Fountain Springs Road driveway. The sidewalk shall begin at the top of the driveway and continue to the parking area below within the shopping center. The sidewalk shall be meet the existing bomonite crosswalk. The improvements shall be completed before the issuance of a Certificate of Occupancy. .(j) The current Fountain Springs Road driveway shall be utilized for ingress only. The property owner shall provide required signage, required striping, and any other improvements as may be necessary for this change to the specification of the City Engineer prior to the issuance of a Certificate of Occupancy for the Hamburger Hamlet restaurant. (k) Property owner shall repair, slurry seal, and restripe the parking lot area north and west of the theater and in the rear between the* theater and Alpha Beta to the specification of the City Engineer and the Planning Division prior to the issuance of a Certificate of Occupancy. — (1) Prior to the issuance of a Certificate of Occupancy, the Property Owner shall install signage indicating parking in the rear of the shopping center. (m) Property Owner shall install additional lighting in the rear portion of the shopping center to encourage the utilization of the parking- spaces and to insure the safety of patrons. The lighting shall furnish one (1) lumen of light per square foot at ground level at any location within the parking lot area. The Property Owner shall submit a lighting plan for review and approval by the City. (n) In the event that the Speedes Lube and Tune facility does not satisfy the conditions of approval in Resolution No. 92-4 and Resolution No. 92-5, it's site shall be returned to the original configuration by the Property owner prior to the Issuance of a Certificate of Occupancy for the Hamburger Hamlet restaurant. 6 (o) Within six (6) months of approval of this grant, a redesign of the main entrance of the shopping center located at Diamond Bar Boulevard and parking plan shall be submitted by the Property Owner to the City for review and approval. (p) Within six (6) months of approval of this grant, the Property Owner of the shopping center shall submit to the City for review and approval a parking management plan which encourages employees and patrons to utilize parking stalls located in the rear of the shopping center. (q) Applicant and Property Owner shall encourage it's employees to the rear of the shopping center. (r) All previous conditions approved in Conditional Use Permit 87-002(1) not in conflict with the approval of this grant shall remain in full force and effect. (s) If remediation of the groundwater or soil becomes necessary for the project site, the Property Owner shall cooperate with the neighboring property owner and initiate the remediation process in conjunction with the issuance of a building permit for the restaurant. For the remediation process, to the extent provided for by law, the Property Owner shall comply with all State and Federal laws and standards administered by the California Regional Water Quality Control Board (CRWQCB) and the City in regard to any necessary remediation at the project site. Additionally, the Property Owner shall file with the City quarterly reports which are required for CRWQCB. (t) Applicant shall provide verification in writing from Southern California Edison Company permitting construction of permanent structures within the Edison easement prior to the issuance of building permit. - (u) Applicant shall obtain all required permits of the operation of the restaurant from South Coast Air Quality Management District before the issuance of a Certificate of Occupancy from the City. (v) Applicant shall be prohibited from utilizing the drive -way located in the rear portion of Pad 115 for vehicle parking, loading and unloading supplies, and ingress and egress. 7 (w) Applicant shall comply with the State handicapped and American Disabilities Act requirements. (x) Subject to the review and approval of the Building Official, the Applicant shall provide a second exit from the lounge area. Within 60 days of approval of this resolution, the applicant shall submit a revised site plan for review and approval by the Building Official. (y) Applicant shall comply with all Planning, Zoning, Engineering, and Building and Safety requirements. (z) Applicant shall comply with any subsequent adopted Planned Sign Program for the retail shopping center. (aa) This grant is valid for one year and must be exercised (i.e. construction) 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 of this grant. (ab) This grant shall not be effective for any purpose until the Applicant and Property Owner 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 all the conditions of this grant. Further, this grant shall not be effective until the Applicant pays remaining city processing fees. 6. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) This City Council hereby provides notice to Hamburger Hamlet, Landsing Pacific Fund, and Dr. and Mr. Ren Anderson that the time within which judicial review of the decision represented by this'Resolution must be sought is governed by the provisions of the California Code of Civil Procedures, Section 1094.6. (c) Forthwith transmit a certified copy of this Resolution, by certified mail, Paul Brockman, President, Hamburger Hamlet, 14156 Magnolia Blvd., Sherman Oaks, California, 91243, R. Mark Wyman, Executive Vice President, Landing Pacific Fund, 155 Bovet Road, Suite 101, San Mateo, CA 94402, 8 and Dr. and Mr. Ken Anderson, 2628 Rising Star Drive, Diamond Bar, -CA 91765. APPROVED AND ADOPTED THIS THE 3RD DAY OF AUGUST, 1993, BY THE City Council OF THE CITY OF DIAMOND BAR. BY: MAY - R I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of City Council held on the 3rd day of August, 1993, by the following vote: AYES: [COUNCIL MEMBERS:] MacBride, Warner, Forbing, Mayor Pro Tem Papen, Mayor Miller NOES: [COUNCIL MEMBERS:] None ABSENT: [COUNCIL MEMBERS:] None ABSTAIN: [COUNCIL MEMBERS:] None ATTEST: Ayn�_Zurgesl , City Clerk 9