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HomeMy WebLinkAbout09/14/1999September 14, 1999 Copies of staff reports or other written documentation relating toagenda items are on file in rhe Planning Division of the Dept. of Community & Development ocated at 21660 E Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain frmn smoking, eating or drinkin� in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same. 01 MITI ME UZ W717m, Me suoJect matter jurisdiction of the Diamond Bar Planning Commission. A request to address Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule the opportunity for public comments will take place at the discretion of the Chair. Ho w'ever, in orde ri to facilitate the P,r dc rfL time the item is called on the calendar. The Chair may limit individual public input tofive minutes on anyTimtem;Uor Mthe Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. I Individuals are requested to conduct themselves in a professional and buisinesslike manner. Comments and questions are welcome so that all points of view are considere:: Drior to *eald, LEI I WIN, M- 1. In accordance with Government Code e C. j4.riE z&L2 ill 0114 -CJ tIUL IN HUL On 171C '[6102-IR"SEm- as for Diamond Bar Planning ommission meetings are W, We"i W, 10 -tv"MO .-IFT-trilp 191910111 110Jr'1QfiL'!&Jr1 - . , W.4 . Every meeting of the Planning Commission is recorded on casse-v.e t,?.n s L9�7L� jqs - - jo, irq - 11 -1 "61 - A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:00a.m. and 5:00p.m. Monday through Friday. V Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-56 Computer Access to genAgendas (909) 860 -LINE General Adas (909) 396-5676 -mail: info@6diarnond-bar.ca.us i I'104"1010111 WAWV���� R 0 U-1 RN 21 im Im Next Resolution No. 99-21 ROLL CALL: COMMISSIONERS: Chairrnan Steve Tye, Vice Chairman Steve Nelson, George Ku Joe McManus and Joe Ruzicka. I This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Sneaker's Card for the recording Secretary (Completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes: August 24, 1999 OLD BUSINESS: None lot 8.1 Development Review No. 99-7 (pursuant to Code Section 4$ 1_1 is a request to operate a restaural within an existing 1, 190 square foot retail shopping center suite. PROPERTY ADDRESS: 23545 Palomino Drive, Suite F Diamond Bar, CA 91765 September 14, 1999 LM W21T"iF,-t,7,.-M,TlfoTM7�Illt,W-171""I-W,tl"lff "IT",= 12383 Lewis Street Garden Grove, CA 92840 Fred Degroot 347 San Leandro Drive Diamond Bar, CA 91765 10.1 Public Hearing dates for future projects. Mr."I "1 0 JORMI-V41:01" FOUR CORNERS POLICY & COMMITTEE: Fourth Tuesday of each month through November 1999 7:00 P.M. — 9:00 P.M. AQMD, CC6, 21865 E. Copley Drive Saturday, September 11, 1999 20801 Golden Springs, Diamond Bar Wednesday, September 15, 1999 700 P.M. — 900 P.M. AOMD. CC6.21865 01) Monday, September 20, 1999 9:3011:30 A.M. AQMD, CC2, 21865 E. Copley Driv@ F."UNTUARTreff 1-mmy-14 IitMgffienl WMA 0- d. - daySeptember 23, 1999 — 11' AQMD Board Hearing Room, 21865 E. Copley Drive d:\\agenda\planning\septemberl4, 1999 September 14, 1999, PC Agenda September 14, 1999 LN MEETING: M Elm sae Ii 1I "o 11 FIXORMIXTriffronnrl"twif i..�', ==-' , - - Tuesday, October 5, 1999 — 6:30 P.M. AQMD Auditorium, 21865 E. Copley Drive Thursday, October 14, 1999 — 7:00 P.M. AQMD Board Hearing Room, 21865 E. Copley Drive d:\\agenda\planning\septemberl4, 1999 September 14, 1999, PC Agenda MINUTES OF ME CITY OF DIAMOND BAR REGULAR ME ETING OF THE PLANNING COMMISSIONDRPJI'F"'w AUGUST 24,1999 Vice Chairman Nelson called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. Present: Vice Chairman Steve Nelson and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Chairman Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Sonya -Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. Minutes of August 10, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of August 10, 1999, as presented. Motion carried 3-0 with VC/Nelson abstaining and Chair/Tye being absent. OLD BUSINESS: Noniy NEW BUSINESS: None 1. Development Review No. 99-5, Variance No. 99-7, Tree Permit No. 99-1, and Negative Declaration No. 99-7 (pursuant to Code Sections 22.54, 2248 and 22.3 8) is a request to construct a 11,429 square foot two-story and basement single-family residence with, 2,572 square foot six -car garage and storage space, motor court, pool/spa, tennis court and gazebo. The Variance is requested to allow a 10% variance in height AUGUST 24, 1999 PAGE 2 from 35 feet to approximately 38.3 feet. The Tree Permit is requested to allow replacement trees as mitigation measure for the removal of nine native California Walnut trees currently on site. PROPERTY ADDRESS: 2856 Wagon Train Lane, (Tract No. 30578, Lot 71) Diamond Bar, CA 91765 PROPERTY OWNER: Peichin Cheng 17800 Castleton Street #106 City of Industry, CA 91765 APPLICANT: Anchi Lee 3740 Campus Drive #B Newport each, CA 92660 DSA/Sn-&h presented staff s report. Variance No. 99-7 was withdrawn and the applications are consistent with the Development Code as 35 feet. Staff recommends that the Planning Commission approve Development Review No. 99-5, Tree Permit No. 99-1, and Negative Declaration No. 99-7, Findings of Fact, and conditions of approval as listed within the Resolution. RMUM-1 13MM=-- M03=1 and does not want to unduly restrict the applicant's right to build a home on his property. DCM/DeStefano stated that the current location of the Walnut trees is essentially on top of the hill. That is the location that the applicant is proposing to construct the home. As a result, the location of the trees and the saving of those trees creates an unreasonable hardship upon the applicant. Staff s recommendation is CYCI saving of this grouping of Walnut trees. The issue about the allergy that the applicant has to Walnut trees is unrelated to the removal of the trees. The allergy issue is a result of the applicant's desire to replace the lost Walnut treesMth two additional species. The argument that C/Ruzicka raises holds true. VC/Nelson asked if 27 Walnut trees could be used elsewhere in the City allowing the applicant to landscape with whatever species they choose. FFCM/DeStefano stated that the City has previously permitted off site mitigation in the form of either an off site habitat or installation of trees as a result of cash deposited with the City. One option would be to find an appropriate donor site for Walnut trees in the immediate area, to locate Walnut trees or a similar species in a public park such as Sycamore Canyon Park or to request a cash contribution for the equivalent of the replacement trees to be used in medians or on other public property. 11111 1 1111 1111 1� 11111111 �'� igg 'I•H MMOMMOT, Mllq-71iml-m-r-lwllll�����l�l•ll�l��•������l���ff�.71!11107o1!1�ys I MM I I FO-31TE-I I 11. 11W`= NMI 1 ;111111111 wlnlx�-;gll X-1 I - Mill I' NMI 'gl 1 L -B Ple-illiflo"I �ii 1214 M-16 111111m, 1`1 llrlllir� DCM/DeStefano indicated to C/Ruzicka that replacing the 14 trees off site could eliminate the allerl element. VC/Nelson stated he believes C/Ruzicka's point is well taken and in respect to sensitivity to the allergy I-Ilement, the Commission does not want to set a precedent. 1111 1111111,1111 111`111110=3 Following discussion, C/McManus moved, C/Ruzicka seconded, to approve Development Review No. 99-5, Tree Permit No. 99-1 and Negative Declaration No. 99-7, Findings of Fact, and conditions of approval, as listed within the resolution subject to the following amendments: The elimination of the second sentence of Paragraph 2 under (k) on page 5, and the addition of the following sentence to Paragraph 2 under (k) on page 5 to wit: "Fourteen of the 24 native species replacement trees shall be planted at Sumn-fitridge Park with S-u-VVas liez- Koll Call vote: t. 0.1-01 U W WS = WiTHIM 0 F.10-1WO ]OZO 61 1�*Ij &I III I Kuo, McManus, Ruzicka, VC/Nelson None Chair/Tye plipil I III i'�11111 111111 1111111�! �Illl �I ��, Milli III I F HI -111 1- VIV471"ATUXTO."t 7"VOTTIMT—OW ppp take on the is of interested parties and communities regarding some of the components under consideration. This community has stated its concerns regarding the use of Grand Avenue for an express bus route. Brea has indicated their concerns over Tonner Canyon. The studies are continuing as a result of discussion at the policy committee level to study the alternatives. MCM/DeStefano stated that Ed Roski has entered into a long term lease agreement to acquire about 600 acres in the City of Industry between the SR 60 and Valley Boulevard, Grand Avenue and Brea Canyon Koad. Roskemajor industrial developer and is working on a plan to develop 6.5 mon square feet (about four times the size of the Brea Mall) of industrial space. AIGIST 24, 1999 PAGE 4 DCM/DeStefano pointed out the commencement of a number of public improvement projects. Future public hearing items include homes, the SEMA project, and Development Code amendments. C/Ruzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, VC/Nelson adjourned the meeting at 9:04 p.m. James DeStefano *P Attest Steve Mels®n Vice Chairman C'4ity of Diamond Bar PLANNING COMMISSION Staff Report AGENDA .1 _ REPORT August••• MEETING DATE CASE/FILE NUMBER: Development Review No. 99-7 APPLICATION REQUEST: A request to operate a restaurant within an existing 1,190 square foot retail shopping center suite. PROJECT LOCATION: 23545 Palomino Drive, Suite F Diamond Bar, CA 91765 PROPERTY OWNER: Arnold Valencia AP - Diamond Bar LLC 12383 Lewis Street Garden Grove, CA 92840 APPLICANT: Fred Degroot 347 San Leandro Drive Diamond Bar, CA 91765 NT- T40{ei Z lif0 The property owner, Arnold Valencia, and applicant Fred Degroot are requesting a Development Review approval in order to operate a restaurant within an existing 1,190 square foot retail shopping center suite, which will be identified as Asian Deli. Pursuant to Section 22.48.020 of - Development application for - i. - Review is rei - • when a project invo i- • • .- or • i the conversion of an existing structure to ..restaurant) Isevelopment Review is a discretionary review process, which allows the whole project area to be reviewed for possible improvements. The Planning Commission is the review authority. 1 The project site is approximately 3.323 gross acres. The existing retail shopping center contains professional office, restaurant with bar, a personal care service for hair and nails, mini -market, and daycare center. The Sizzler restaurant is also located on the project site, next door to the shopping center. The retail shopping center was processed by Los Angeles County and built in 1979. The project has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use and as such is consistent with the General Plan. The zoning designation for the project site is Community Commercial - Billboard Exclusion (C -2 -BE). Generally, the following zones and uses surround the project site: to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R-1-8000); and to the south is the Community Commercial - Billboard Exclusion (C -2 -BE) Zone. The C -2 -BE zoning designation permits a restaurant use by right. However, the proposed application is considered an intensification of land use. The existing retail shopping center will be accommodating the operation of a proposed restaurant, which requires more parking spaces than the former use. It is anticipated the proposed restaurant will generate more activity at the project site. The project site is located within the City's Redevelopment Agency's Economic Revitalization Area. The applicant does not propose to provide alcoholic beverages, outdoor dining, and/or entertainment with this application. Tenant Improvements The proposed restaurant will occupy a 1,190 square foot suite. Approximately • 1 square feet of gross floorarea be exteriorutilized for patrons and 570 square feet of gross floor area will be utilized for service area. The applicant proposes to make only interior tenant improvements. No square footage will be added to the restaurant structure and as a result, its physical appearancebe the N Hours of Operation/Number of Employees The new restaurant, Asian Deli, will be open Tuesday thru Thursday from 11:00 a.m. to 9:00 p.m., Friday and Saturday from 11:30 a.m. to 9:30 p.m., Sunday from 11:30 a.m. to 8:00 p.m. and will be closed on Monday. The restaurant is expected to have 3 employees. Pursuant to Code, restaurants require one parking space per each 75 square feet of gross floor area for patrons, plus on parking space for each 300 square feet of service area. The proposed restaurant contains approximately 620 square feet of gross floor area for patrons and 570 square feet of gross floor area for service. As a result, a minimum of 10 parking spaces is required for the proposed restaurant. After visiting the project site, a physical count of the number of parking spaces indicates there are 114 total parking spaces. This count includes the parking spaces for the Sizzler restaurant. It is estimated the Sizzler and shopping center should provide a total of 120 parking spaces. However, the existing shopping center currently provides parking for a variety of land uses, which have varying peak hours of operation. . It is not anticipated the neighboring tenants will utilize the parking lot at the same time. Moreover, the existing shopping center contains two professional offices which are not anticipated to have high peak hours during the afternoon and will not operate after 6:00 p.m. The existing shopping center also contains a hair and nail personal service which is not anticipated to have high peak hours during the afternoon and will not operate after 6:00 p.m. As a result, the proposed restaurant will be able to utilize the parking lot during the lunch and dinner hour. Therefore, there is a sufficient number of parking spaces for the existing businesses and the proposed restaurant. Parking lot lighting is existing. The Code requires specific standards for parking lot lighting (i.e. fixture/pole height, foot candle minimum, time clock/photo sensor system, spillage/shielding). The applicant will be required to provide existing condition for parking lot. lighting for possible compliance with the Code. K A site visit indicates The driveway approaches the applicant shall not and/or- parking lot parking lot is in good condition. lso in good condition. Therefore, required to re -surface, re -stripe, and driveway approaches. The project site contains existing landscaping. A site visit indicates that the landscaping is in a reasonably good condition. Therefore, the applicant shall not be required to provide additional landscape improvements as part of this project's conditions of approval. Signage is not a part of this application. Proposed signage will be reviewed at a later date. Other City Divisions' Review The City's Public Works and Building and Safety Divisions reviewed the proposed project. Their recommendations are included within the attached draft resolution. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt, Section 15301(a). Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on August 26, 1999. Public hearing notices were mailed to approximately 257 property owners within a 700 foot radius of the project site on September 3, 1999. Furthermore, the project site was posted with a display board on September 4, 1999. Three other sites were posted within the vicinity of the application. Staff recommends that the Planning Commission approve Development Review No. 99-7, Finding of Fact and conditions of approval as listed within the attached resolution. Ell 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments); 2. The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; S.The proposed development will not be detrimental to the public health, safety or welfare or materially injurious' (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: to Sonya a6e Development Services Assistant 1. Draft Resolution; 2. Exhibit "A" - site plan and floor plan dated September 14, 1999; and 3. Application. 0 0.7.2 � M. (Last name first) Phone( )_ INOTE: It is the applicant's responsibility to notify the Com unity Development Director in writing of any change of the r�irincipals involved during the processing of this case. - (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent.-, certify I a, the owner of the herein described property and permit the applicant to file this request. Signed Date C7 'd ers) (All 4,e�oo�i Cerfification: 1, the undersigned, hereby certify under penalty ofpejjury that the information herein provided is correct to the best of my knowledge. Print Name JApoicant or A e Signed Date 0 7 2 - (Applicant or Agent) Location /--0 (Street address or tract and lot number) Zoning BNM Previous Cases A �114- Present Use of Site o 5 ec-a I-ev, Use applied for V 3. Legal description (all ownership comprising the prop® lot(s)/pamel(s)) Import If yes, Quantity. Export If yes, Quantity Mmos._,, I'll - I t - 00=77�777TTM!rimml I . 11.1 and any residential project which proposes five dwelling units or more (detached or attached) and which involves the issuance of a building permit for construction or reconstruction of a structure(s) which meets the following criteria: 1. New construction on vacant property; 2. Structural additions to now buildings which are eqURI to fifty percent of the floor area of an existing on-site building(s), or have a minimum ten thousand square feet in gross floor area; 3. Reconstruction projects which are equal to fifty percent of the floor area of existing on-site buildior have a minimum ten thousand square feet in gross floor are; 4. Projects involving a substantW change or intensification of land use, such as, but not limited to, the conversion of an existing building to arestaurant, or the conversion of a residential structure to an office or commercial use. ALL DEVELOPMENT REVIIEW "PUCATIONS SHALL CONTAIN THE FOLLO%TqG INFORMATION: /-CN\ (�A). A detailed site plan, floor plans and elevations showing: ADimensions and orientation of the parcel with the scale clearly indicated. Location of buildings, structures and signs, both existing and proposed. Al A 3. Location of cave overhang and architectural features. A0+ 4. Location of landscaping and irrigation, both existing and proposed. Al A. Grading Plans, including earthwork calculations. 13 Development Review requires 15 full sized folded copies and 30 reduced (8'A x 11) of each C. All building elevations including_si"na C. D. Indicate types and colors of all exterior construction materials with a materials board. Include a colored rendering of the proposal (both maximum size Vx14"). Location of all walls and fences, their height and materials of construction. F. Copies of any and all CC&R's applicable to the development or use of the land. (Z) Any other architectural an,4 engineering data as may be required to permit a complete investigation of the proposal. 17144H& land use radius rffaop3W property ownership map. - 2 sets of gummed mailing labels for all property owners within the 300' radius (including applicant and/or Ps applicant's agents). Number all lots and cross reference with. labels. Include a photocopy of all labels, /_T diagram. Photographs of site and key di el a, Al Oak tree statement. 2 copies of a Title Report that is less than 30 days old. THE MATERIALS HEREWITH BEING SUBMITTED DO NOT CONSTITUTE A COMPLETE FILING OR AN ACCEPTANCE BY THE CITY. Within 30 days from the date noted on the fee receipt, the applicant or his agent will be mailed a statement notifying him if additional materials or information are needed. Mb7tnArf I I .. . . . . . public hearing meeting scheduled. The results of the staffs environmental review (initial Study) will be sent to you as soon as possible. AT THE TIME THE INITIAL STUDY IS COMPLETED, YOU WILL ALSO BE INFORMED OF ANY ADDITIONAL ENVIRONMENTAL FEES REQUIRED. Questions regarding the Initial Study should be directed to the Diamond Bar Planning Division. 111111111111111111111111 �� 111111 p 111111 11!!� 1111111111!!1111 PLANNING COMMISSION SOLUTION NO. 99 -XX DJ? 44 Apr A. RECITALS property owner,. • Valencia, and applicant Fred Degroot, have filed an application for Development Review No. 99-7_ • Categorical Exemptionfor a property located at 23545 Palomino Drive, Diamond Bar, California. Hereinafter, in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the '•• • 2. The Planning Commission of the City of Diamond Bar on September 14, 1999 conducted a duly noticed public hearing on the Application. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August 26, 1999. Public hearing notices were mailed to approximately 257 property owners of record within a 700 foot radius of -the project on September 3, 1999. Furthermore, the project site was posted with a display board on September 4, 1999. Three other sites were posted within the vicinity of this application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. 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 11 Exempt from requirements of the California Env 1 Quality Act (CEQA) of 1970, as amended, and promulgated thereunder, pursuant to Section 15301 (a) Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 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 the 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 wild life depends. Eased 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. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing retail shopping center at 23545 Palomino Drive. The project site is approximately 3.323 acres. The existing retail shopping center contains professional office services, a personal care service for hair and nails, mini -market, and daycare center. The Sizzler restaurant is also located on the project site, next door to the shopping center. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. (c) The zoning designation for the project site is Community Commercial - Billboard Exclusions (C -2 - BE) . (d) Generally, the following zones and uses surround the project site: to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R-1-3000); and to the south is the Community Commercial - Billboard Exclusion (C -2 -BE) Zone. The project site is also 0) located within the City's Redevelopment Economic Revitalization Area. (e) The application request is to operate a restaurant within an existing 1,190 square foot retail shopping center suite. (f) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The project site has a General Plan land use designation of General Commerical (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use and as such is consistent with the General Plan. As there is no change to the site's exterior configuration, the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's general plan and design guidelines. (g) The design of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. existingThe of •.• -• project is within Communitythe • ••. • Exclusion Zone • - permits service. There is no change to the site's exterior configuration, and the current site is adequate in size . • shape to accommodate the yards, existingfences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's architecture, constructionand colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent 9 with the applicable elements of the City' Plan and City Design Guidelines. The project site is adequately served by Palomino Drive and Diamond Bar Boulevard. Palomino Drive is designed to provide . --.ingress/egress to the project site and Diamond Bar Boulevard is designed to handle traffic created by this type of development. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plana There are no changes proposed in the architectural design of the existing retail shopping center at the project site. The site's current architectural exterior design is consistent with the City's Development Review standards in that the project has an orderly and harmonious appearance to the existing structures, parking area and landscaping and has an existing architectural design that is compatible with the surrounding commercial uses. (i) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. currentAs referenced in the above findings, the project exterior design is consistent the applicable elements of - and development standards of the zone through its exemplary design, use of materials, colors and landscaping. The proposed materials of stucco and tile are low maintenance and long lasting. The variety of texture and color add to the design's •••• aesthetics. Therefore, the design of r proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of texture, and color aesthetically appealing and will retain a reasonably adequate level of - 0 (j) The proposed development will not be detriL the public health, safety or welfare or mater'i°�l;lr`� injurious (e.g., negative affect on property values or resales) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution. Additionally, the proposed project is required to comply with the Building and Safety Division and Public Works Division requirements. Furthermore, the applicant is required to obtain approvals from the health Department and Industrial Waste Department. As a result, it is not anticipated that the proposed project will be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)a Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt, Section 15301(a)o (1) The proposed project will be in substantial compliance with the adopted Economic Revitalization Area. RevitalizationThe proposed project is located within the Economic Area. consistent• •mic Revitalization Area Plan in that the proposed project im• - - applicable policies as present in the City's General Code;Plan and complies with development limits and standards established by the City's Development and promotes the economic development of Project Area providing well serviced, well protected environment for all residents and visitors; and promotes local job opportunities. 5. Based on the findings and conclusions set forth above the Planning Commission hereby approves the Application subject to the following conditions: 9 "r°'� !_•fit' �l (a) The project shall substantially conform to site; plan, floor plan collectively labeled as Exhibit "A" and dated September 14, 1999, as submitted and approved by the Planning Commission. (b) The 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 ensure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Hours of operation shall be between 11:00 a.m. and 9:00 p.m., Sunday through Saturday. (d) The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County and obtain approval from the Los Angeles County for the grease trap. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (e) Prior to the final inspection, the applicant shall submit a lighting plan, showing the existing parking lot lighting delineating type of fixture, height, shielding, foot-candle minimum, time clock/photo sensor, etc. (f) Applicant/owner shall be responsible for maintaining a graffiti free project site. (h) Plans shall conform to State and Local Building Codes (i.e. 1997 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1996 National Electrical Code) requirements and Fire Department requirements. P 1 i^q (i) Applicant shall comply with new State Hanc'icap{ Accessibility Regulations (i.e. van parking, L'` shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, etc.). (j) Men's and Women's restrooms shall be provided if the restaurant establishment employs four or more employees at any given time. (k) The existing restroom shall meet current handicap accessibility requirements. (1) The restroom access doors shall be clearly marked with symbols. (m) One seating space in the restaurant patron area shall be provided for handicap use. (n) Applicant shall obtain Fire Department approval for Hood Ansal System. (o) Applicant shall obtain Health Department approval. (p) This grant is valid for two years and shall be exercised within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager may consider the extension request at duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed within fifteen (15) days of approval of this grant, 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 grant. Furthermore, this grant shall not be effective until the permittee pays the remaining City processing fees. (r) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a FN documentary handling fee in connection with Fish and- f.: Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimus impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department The Planning Commission shalll (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Arnold Valencia, AP ® Diamond Bar LLC, 12383 Lewis Street, Garden Grove, CA 92840 and Fred Degroot, 347 San Leandro Drive, Diamond Bar, CA 91765 APPROVED r • r ADOPTED THIS 14 TI DAY -. . .... THE PLANNING COMMISSION OF OF DIAMOND - I, James DeStefano, Deputy City Manager, do hereby certify that the foregoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of September 1999, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MW il •xa- • ae•e -o..nr — n�� um (Y?•9o�ry rv+sp u.,m.•m ...mtiy �+- �•p I@ ° f .I v , ul, i .y C '' i a � f y •�' �� t q�S � i 'i )l is �'}d�.i��3•ei�� `f � � 4 °i ��� fid: IA\ m' RR a ta:a-��a��•i3$ �. � _ Y � 3�27�a�yy�ddy��3,ry I`. ' 4 o•cd Cro p.� id .1 v go a Is of of so Vis' -- ;t l�l�t�r tllil@Hp tl � lil g 'ii j t ore; aft bib JIM id ®®®®®®®®® Tj I go- I I III gig s VOD I M w a z 11 T rt M _,.- i _ i i e - i. i w a z 11 T rt M _,.- _ e - i. i w a z 11 T rt M 4ED z it [ AVViT STATE OF t, R', , COUNTY OF LOS ANGELES CITY OF DIAMON6SAR. W X The Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, at 7:00 P.M. on September 14, 1999. Items for consideration are listed on the attached agenda. 1, John Ilasin, declare as follows: I work for the City of Diamond Bar in the Community and Development Services Department; that copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on September 14, 1999, was posted at the following locations: City Hall South Coast Quality Management District Auditorium 21660 E. Copley Drive 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on September 13, 1999, at Diamond Bar, California. C-Jhn, 11 -a-s-1 —n Community and Development Services Dept. 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