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HomeMy WebLinkAboutRES 90-67RESOLUTION NO. 90- 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 89528 FOR THE DEVELOPMENT OF A COMMERCIAL COMPLEX TO INCLUDE A RESTAURANT, AUTOMATED CAR WASH, THE EXPANSION OF THE EXISTING DIAMOND BAR HONDA DEALERSHIP FACILITY, AND TWO FREESTANDING SIGNS OVER SIX (6) FEET IN HEIGHT ON A 4.8 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF GRAND AVE. AND BREA CANYON ROAD AND NORTH OF STATE ROUTE 60 FREEWAY, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) M.J. Wyatt on behalf of Tedrus Properties and Russell Hand, 525 S. Grand Ave., Diamond Bar, has heretofore filed an application for approval of a Conditional Use Permit No. 89528 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit is referred to as "the application". (ii) On May 14, 1990 the Planning Commission of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. Thereafter, and pursuant to the provisions of the Los Angeles County Code, as adopted by the City Council of the City of Diamond Bar, a timely appeal was filed with the City Clerk of the City of Diamond Bar. (iii) On the June 19, 1990 the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. I NOW, THEREFORE, it is found, determined and resolved by City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of facts set forth in the Recitals, Part A. of this Resolution are true and correct. 2. The City Council hereby finds that Negative Declaration No. 4 has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further, This City Council has reviewed and considered the information contained in said Negative Declaration No. 4 with respect to the application. 3. The City Council hereby specifically finds and determines that, based upon 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, no significant adverse environmental effects will occur. 4. Based upon the findings and conclusions set forth herein. this Council, in conformance with Title 22 of the Los Angeles County Code as heretofore adopted and amended by this Council, hereby finds as follows: (a) The application applies to the property located at Grand Ave., Brea Canyon Road and the State Route 60 Freeway. also identified as Parcel Map 15625, zoned C -3 -DP BE, with a gross area of 4.8 acres subdivided into four parcels, and is currently partially developed with Diamond Bar Honda Auto Sales and accessory facilities located on parcel No. 1; and (b) That the requested use at the location proposed will not: (i) Adversely affect the health. peace, comfort or welfare of persons residing in the surrounding area, or (ii) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or (iii) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and (c) That th6 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 (d) That the proposed site is adequately served: (i) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate. and (ii) By other public or private service facilities as are required. . 5. Based upon the findings and conclusions set forth herein, this Council, in conformance with the terms and -2- provisions of California Government Code Sections 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 sites; and (c) The project, as proposed and conditioned herein, complies with all other applicable requirements of State law and local ordinances. 6. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, 4. and 5 above, this Council hereby approves the application subject to the following restrictions as to use and standard conditions attached to this document and marked Exhibit "A" and by this reference incorporated herein: 7. For the purpose of this Resolution, the site plan, landscape and irrigation plan, sign plan and traffic report. as approved by the City Council on lune 19, 1990 and date stamped, as referenced herein. Planning Division Conditions: 1) This approval shall apply to the Conditional Use Permit No. 8528 for the approved development of the following parcels as listed below. (a) PARCEL NO. 1 Diamond Bar Honda Dealership Approved for the expansion of the existing dealership by 4,375 square feet to be used for retail, storage and service space and a 3 1/2 floor parking structure as shown on approved site plan. 1. All new construction, including the 3 1/2 floor parking structure, will utilize materials on the exterior (i.e. exterior finish, roof tile, trim. etc.) which are substantially the same as the materials currently r� exhibited on the existing structure. 2. Lower floor of the parking structure shall be clearly marked or otherwise indicated as being reserved for customer and employee parking only. 3. Seventy five (75) parking spaces available for customer parking on the east side of the existing Honda -3- display and service facility as shown on the approved site plan. 4. A 6' x 13 1/2' monument sign is approved at the Grand Ave entrance to Parcel No. 1. 5. A 24' x 5' wall sign attached to the south elevation of the 3 1/2 floor parking structure to display the "HONDA" logo with white individual block letters against a blue background. The sign shall be internally illuminated. 6. The existing freestanding "HONDA" logo sign shall be removed from its present location on the eastern elevation. 7. Landscaping and irrigation is approved as displayed and shall not deviate from the approved site plan. (b) Parcel No. 2 McDonald's Restaurant Approved for a 5,000 square feet fast food restaurant with drive through window and an occupancy limit of 116 persons. 1. Fifty one (51) parking spaces shall be provided as shown on the approved site plan. '~ 2. Materials used for the exterior finish shall be white stucco above a three (3) foot red masonry base and Redwood trim. The roof will be topped with red mission tile. 3. Internal direction indicators encouraging traffic to Brea Canyon Rd exit shall be painted on drive aisles. 4. A 10' x 10' monument sign located at the Grand Ave. entrance to the parcel displaying the McDonald's logo is approved. 5. The parcel shall implement the approved sign program as approved by Council and dated June 19, 1990. (c) Parcel No. 3, Automated Car Wash. Approved for a 4,850 square feet structure containing an automated car wash and gasoline dispensing facilities. The use shall not exceed two service islands and a maximum of six gas pumps. 1. Fourteen parking spaces are to be provided for patron and employee parking on the site. No less than eight parking stalls shall be standard size stalls. 2. One 6' x 13'6" monument sign located at the -4- Brea Canyon Road entrance to display gas prices and the business logo/name. No other signs for this parcel are approved as part of this application. 3. A wall eight (8) feet in height as measured from grade, shall be constructed to separate parcel No. 3 from the Orange freeway on the south elevation and also from parcel No. 4 on the east elevation. This wall shall be landscaped and maintained with a growing ivy on each side thereby minimizing exposed surfaces. 4. The exterior materials of the structure shall be composed of white stucco and Redwood trim and red mission tile will be used on the roof. (d) Parcel No. 4 1. No project is approved for this parcel as part of this approval. 2. The owner of record shall maintain this parcel with in good condition with landscaping as approved by Council on the landscaping and irrigation plan. 3. Any future development of this site must be approved by Conditional Use Permit by the Planning Commission and be consistent with all applicable conditions. General Conditions Applicable to All Parcels (Parcel Nap 15628 Parcels 1, 2, 3, and 4) 1. The hours of operation shall be limited from 6:00 a.m. to 1:00 a.m. for the project. 2. Outside speaker volumes shall be modulated so as not exceed 10 decibels beyond the property line. 3. Landscaping must be maintained in accordance with landscape plans approved by the Director of Parks and Maintenance and shall be maintained in good condition by owner of record of each parcel or leasee there. 4. Unless otherwise apparent from the context, the term "permittee" shall include the applicant and any other person. corporation, or other entity making use of this approval. 5. This approval 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 -5- City of Diamond Bar Planning Department, their affidavit stating conditions of this approval upon becoming effective. Additionally, this approval shall conform with conditions of Parcel Map 15625. 6. The Conditional Use Permit approval shall expire, unless extended pursuant to the City codes and ordinances, if building permits are not issued or approved use has not commenced within twelve (12) months from the date of approval. 7. Occupancy of the facilities shall not commence until such time as all Uniform Building Code, State Fire Marshall's regulations, and the Los Angeles County Department of Health Services regulations have been complied with. 8. A freestanding pylon sign 25 feet above top of curb (Grand Ave.) to the highest point of the sign. The location of said sign is approved to be located on parcel No. 4. The sign shall be installed as shown on approved sign program with fascia not to exceed 480 square feet. Remaining signage within the center shall conform to the sign plan approved for the center. All proposed signs must be submitted to the City Planning Department for final approval. 9. Parking and landscaping must be provided as approved and shall be in compliance with City requirements. Parking provided shall be at least 60 percent standard size parking stalls. Any alterations must be approved by the Planning Commission or its designee. 10. All appropriate permits shall be obtained prior to issuance of Certificate of Occupancy. 11. All traffic mitigation measures identified by the City Engineer shall be completed and approval filed with the Planning Department before final inspection approval. 12. The subject parcels shall be developed, maintained, and operated in full compliance with the conditions set forth in this approval, the schedule of the development program as required by code and all laws, statutes, ordinances, or other regulation applicable to any development or activity on the subject parcels. Failure of the permittee to cease any development or activity not in full compliance with this approval shall be a violation of these conditions. 13. Notice is hereby given that the Planning Commission may after conducting a public hearing, revoke or modify this approval, if the Planning Commission finds these conditions to have been violated. -6- 6. This Council hereby provides notice to M.J. WYATT, TEDRUS PROPERTIES and RUSSELL HAND 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 7. The City Clerk Shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, return receipt request, to: M.J. WYATT, TEDRUS PROPERTIES and RUSSELL HAND at their addresses as set forth on the Application. APPROVED AND ADOPTED THIS 17th DAY OF JULY, 1990. CITY COUNCIL OF THE CITY OF DIAMOND BAR " .44 P/lr--- Mayor I. Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 17th day of July, 1990, by the following vote -to - wit: AYES: [COUNCILMEN:] Kim, Horcher, Mayor Pro Tem Forbing NOES: [COUNCILMEN:] Papen, Mayor Werner ABSENT: [COUNCILMEN:] ATTEST:L2L'� Lynda Burge s,-Q-"y,CTerkJ - -7- DIAMOND BAR HONDA PROJECT CONDITIONS OF APPROVAL Diamond Bar Honda --Parcel No. 1 Approved for: 1.. 31A floor parking structure and additions; all materials (i.e. tile. exterior) will match the existing Diamond Bar Honda display and service facility structure, materials. 2. 6' x 13.5' monument sign at Grand Ave. entrance.. 3. 24' x 5' wall sign attached to the 34 floor parking structure in individual block letters casings with white letters on a blue background (internally lit). 4. One floor of parking structure exclusively for employee and customer parking. 5. 43.75 square foot addition to retail, storage, and service facility. 6. Removal of existing freestanding sign on south elevation to be replaced by "HONDA" wall sign on parking structure. 7. Landscaping which shall not be less than 10`.b of Parcel No. 1's total gross square footage. 8. Seventy five (75) parking spaces available for customer parking shall be provided on eastern elevation as shown on site plan. McDonald's Restaurant --Parcel No. 2 Approved for: 5.000 square foot fast food restaurant with drive through window and an occupancy limit of 116 persons. Parking provided for the restaurant shall be 51 spaces as shown on approved site plan. Landscaping for parcel No. 2 which shall be provided as shown on approved site plan. Landscaping shall not be less than 10% of total gross parcel square footage and landscaping and open space shall be at least 32 percent of gross parcel square footage. a-1 1. 2. 3. 4. 5. 4. Materials used for exterior finish shall be white stucco above a three (3) foot red masonry base and Redwood trim. The roof will be topped with red "mission" tile. 5. Signs approved are as follows: Directional Signs Description Number Height Sq. Ft. Location Height Detector 1 9' Drive Thru Directional Sign 1 4' 9 Brea Canyon Rd. Directional Sign 1 4' 9 Entrance @ Drive Zhru Directional Sign 1 4' 9 Interior Pkg. Lot Directional Sign 1 4' 9 Grand Ave. Entrance TOTAL 36 sq. ft. Wall Signs Description Amount Dimensions Sq. Ft. Location Tower Logo 4 4' x 5' 80' Qie on each elevation Wall Logo 2 4' x 6' 48 East and West sides Facia Arch Logo 4 2' x 19' 152 One each elevation TOTAL 280 sq. ft. Other Type Amount) Dimensions Sq. Ft. Location 1. Flag Pole 2 25' --- Grand Ave. Entrance Flag Poles 1 30' --- Grand Ave. Entrance 2. Monument Sign 10' x 10' 100 Grand Ave. Entrance 3. Menu Boards 2 6' x 6.5' 39 Drive-thru aisle TOTAL 139 sq. ft. ALL SIGNS ARE TO BE INTERNALLY ILLUMINATED a-2 Car Wash --Parcel No. 3 Approved for: 1. A 4850 square foot structure containing an automated car wash and gas service facilities (no more than 6 pumps). 2. Fourteen parking spaces are to be provided for patron and employee parking. 3. A 6' x 13.5' monument sign located at the Brea Canyon Rd. entrance to display gas prices and business logo/name. No other sign is approved as part of this application. 4. An eight (8) foot wall shall separate parcel 3 from the Orange Fay. and an eight (8) foot wall shall be constructed to separate parcel 3 from parcel 4. All walls must be landscaped with ivy or some other clinging vine. 5. The exterior materials of the structure shall be composed white stucco walls and red mission tiles. 6. Landscaping for parcel 3 shall not be less than 10 percent of the gross site area and must comply with the landscape plan as approved. 7. Water reclamation and conservation devices shall incorporated into the design of the car wash. 8. The chemical/detergent used for cleaning the vehicles shall be composed of biodegradable compounds. 9. Petroleum waste products shall be disposed of by appropriate methods and shall not be discharged into public sewer systems except as allowed by law. a-3 Open Site, Parcel N0. 4 1. This site is not approved for development as a part of this approval. Any development of this site must be approved through a separate CUP application by the City Planning Commission. 2. This site is to be landscaped and maintained in good condition by the owner of the site. General Conditions 1. Unless otherwise apparent from the context, the term "permittee" shall include the applicant and any other person, corporation, or other entity making use of this grant. 2. The hours of operation shall be limited from 6:00 a.m. to 1:00 a.m. for the project. 3. Outside speaker volumes shall be modulated so as not to exceed 10 decibels over ambient noise levels at property line. 4. Landscaping must be approved by the Director of Parks and Maintenance and shall be maintained in good condition by owner of record on each parcel or leasee, thereof. 5. A freestanding pylon sign 25 feet above top of curb (Grand Ave.), measured from base of sign to closest curbside is approved to be located on parcel No. 4. The sign shall be installed as shown onIapproved sign program with fascia not to exceed 460 square feet. Remaining signage within the center shall conform to the sign program developed for the center. All proposed signs must be submitted to the City Planning Department for final approval. C:\vp\cnditions 0hoadada n a-4 TRAFFIC ENGINEER CONDITIONS OF APPROVAL -- C.U.P.-89-528 1. City of Industry approval of the following modifications on Grand Ave: a. Curb cut allowing left turns into Parcel No. 2; b. Prohibition of street parking in the vicinity of the site. 2. A traffic signal for the intersection of Grand Ave. at Brea Canyon Rd. and the 60 Freeway on-off ramps will be required in conjunction with the proposed extension of Grand Ave. northerly of Diamond Bar Honda. The cost of this traffic signal is to be the responsibility of the applicant. 3. City of Industry approval of prohibition of street parking on Brea Canyon. City Engineer General Conditions of Approval -- C.U.P. 89-528 1. Grading shall be accomplished in accordance with an approved grading plan substantially conforming to the approved tentative map. 2. Project grading shall be in accordance with Chapter 70 of the City of Diamond Bar Building Code. 3. Submit a rough grading plan and grading/paving plan to the City Engineer for review and approval. 4. All manufactured slopes landscaped shall be in accordance with the grading ordinance and approved by the Planning Department. 5. Obtain a street construction permit from the City of Industry prior to any work within the public right of way. 6. Obtain the required permits from the Los Angeles County Department of Public Works for connection into the storm drainage system. 7. Obtain permits from the California Department of Transportation prior to any work within their right of way. b-1