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Home My WebLink About06/26/2001PLANNING FILE COPY COMMISSII,Iv AGENDA June 26, 2001 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Bob Zirbes Joe Ruzicka George Kuo Steve Nelson Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the De ' r1t. of Community & Development Services, located at 21825 E. Copley Drive, and a,,-. available for public ii-gpection, if you have questions regarding an agenda item, please call (909) 396-5,76 during regular business hours. In an effort to comply with the requirements of Title // 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. r-IUCIOU [Wilaill HU111 billumly, &dllfly or ine Uty or Uiamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the 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. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the 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. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REOUIREMENTS 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 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. 114119191WINJ IV 1 Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us Next Resolution No. 2001-20 PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, June 26, 2001 AGENDA CALL • ORDER: 7:00 • PLEDGE OF ALLEGIANCE: 1 ROLL CALL: COMMISSIONERS: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, George Kuo, Steve Nelson, and Steve Tye. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMEV,4TS: 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 Speaker's Card for the recordina Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar it.,3-ms may be removed from the agenda by request of the Commission only: 4.1 - Minutes of Regular Meeting: June 12, 2001--- 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 General Plan Conformity Report for Vacation of a portion of Right -of -Way for Hawkwood Road pursuant to Section 65402 of the Government Code This matter is before the Planning Commission because of a request by JCC Homes to vacate a portion of the right-of-way for Hawkwood Road within Lot 28 JUNE 26, 2001 Page 2 PLANNING COMMISSION 7. of Tract 47850 of the private community of the Crystal Ridge Estates. This request is made to facilitate the installation of a security gate for emergency services access at this entrance to the Crystal Ridge Estates. PROPERTY ADDRESS: Eastern End of Street of Hawkwood Road Diamond Bar, CA 91765 City of Diamond Bar RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution finding and reporting that the location, purpose and extent of the vacated portion of right-of-way for Hawkwood Road is in generA conformance with the General Plan of the City of Diamond Bar. CONTINUED PUBLIC HEARING: None. PUBLIC HEARING: 8.1 Conditional Use Permit No. 98-70), Development Review No. 98-120), Variance No. 99-2 (1) (pursuant to Code Sections 22.66.050 -extension of time and 22.76.020 -modification) is a request to revise a project approved by the Planning Commission on June 22, 1999. The revision includes a reduction in total square footage of the approved project. The approved project allows the construction of an automated car wash with retail sales boutique, lube center, detail center with office, auto service center and fuel dispensers, and retaining wall with a maximum height of 18 feet which is deleted in the revision request. Additionally, the applicant is requesting. a time extension of the Planning Com-111ission's approval PRO, 'ERTY ADDRESS: 515 S. Grand Ave. (Parcels 3 and 4 of Parcel Map No. 15625) Diamond Bar, CA 91765 PROPERTY OWNER/ Mathew Tachdjian, Col -Am Properties LLC APPLICANT: P.O. Box 4655 Diamond Bar, CA 91765A 90017 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City determined that a Negative Declaration was required for this project. The City prepared and adopted Negative Declaration No. 99-3 on June 22, 1999. JUNE 26, 2001 Page 3 PLANNING COMMISSION Pursuant to CEQA Section 15162(a), the City has determined that the proposed revision/extension of time does not substantially changed the project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. ' RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 98-7(1), Development Review No. 98-12(1), and Variance No. 99-2 (1), Findings of Fact, and conditions of approval, as listed within the resolution. 8.2 Variance No. 2001-03/Minor Conditional Use Permit No. 2001-03 (pursuant to Code Sections 22.54, 22. 22.56.020(B), and 22.68.030(B)) is a request to permit a 243 -square foot room addition. A -Variance is required due to the room addition's encroachment into the rear setback and site coverage of approximately 39 percent. A Minor Conditional Use Permit is required for the expansion of a legal nonconforming structure. PROJECT ADDRESS: 1008 Jason Place (Tract No. 42569, Lot 24) Diamond Bar, CA 91765 PROPERTY OWNER: Connie Wong 1008 Jason Place Diamond Bar, CA 91765 APPLICANT: James Ables 19953 Valley Boulevard Walnut, CA 91789 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically* exempt pursuant to Section 15301(e)(1), Article 19, Chapter 3, Title 14,'of the California Code of Regulations. RECOMMENDATION: Staff recommends that the Planning Commission approve Variance No. 2001-03, and Minor Conditional Use Permit No. 2001-03, Findings of Fact, and conditions of approval, as listed within the resolution. 9. PLANNING COMMISSION COMMENTS: JUNE 26, 2001 Page 4 PLANNING COMVIISSION 10. INFORMATIONAL ITEMS: 10.1 Status Report for -Development ReviewN -o. 2000-12, Conditional Use Permit No. 2000-07, and Variance -No. 2000-06 located at 1440 Bridge Gate (Lot 16, Tract No. 39679) within Gateway Corporate Center. 10.2 Public Hearingdatesfor future oroiects. 11. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK: CITY COUNCIL MEETING: FOURTH OF JULY HOLIDAY: FOURTH OF JULY CONCERT IN THE PARK/FIREWORKS SHOW: ADMINISTRATIVE REVIEW: PLANNING COMMISSION MEETING: Wednesday, June 27,'2001 6:30 — 8.30 p.m. - Sycdmo,,e Canyon Park 22930 Golden Springs Drive (High Riders — Country Western) Tuesday, July 17, 2001 — 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive City Offices will be closed Wednesday, July 4, 2001, in observance of the Fourth of July Holiday. City offices will re -open Thursday, July 5. Wednesday, July 4, 2001 — 6:30 p.m. Sycamore Canyon Park 22930 Golden Springs Drive (Covin, ;Concert Bank — Patriotic) Tuesda 1, July 10, 2001 — 6:00 p.m. AQMD Auditorium 21865 E. Copley Drive Tuesday, July 10, 2001 — 7:00 p.m. AQMD Auditorium 21865 E. Copley Drive TRAFFIC AND TRANSPORTATION Thursday, July 12, 2001 COMMITTEE MEETING: AQMD Board Hearing Room 21865 E. Copley Drive JUNE 26, 2001 Page 5 PLANNING COMMISSION PARKS AND RECREATION Thursday, July 26, 2001 — 7:00 p.m. COMMITTEE MEETING: AQMD Board Hearing Room 21865 E. Copley Drive DIAMOND BAR NIGHT AT Saturday, August 25, 2001 — 5:00 p.m. THE QUAKES: Quakes Stadium 12. ADJOURNMENT: MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 12, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Board Hearing.Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Ruzicka. 1. ROLL CALL: Present: Chairman Bob Zirbes; Vice Chairman Joe Ruzicka; and Commissioners George Kuo; and Steve Nelson. Commissioner Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager; Ann J. Lungu, Associate Planner; Linda K. Smith, Development Services Assistant; and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 22, 2001. VC/Ruzicka moved, C/Kuo seconded, to approve the',minutes for the regular May 22, 2001, meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Ruzicka, Kuo, Nelson, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye 5. OLD BUSINESS: None. JUNE 12, 2001 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: 6.1 General Plan Conformity Report for FY 2001-2002 Capital Improvement Program. 7. A DCM/DeStefano presented staff's report, Staff recommends that the Planning Commission approve a resolution finding that the FY 2001-2002 Capital Improvement Program is in conformance with the General Plan. Following a brief question and answer session between Commissioners and DCM/DeStefano, VC/Ruzicka moved, C/Nelson seconded, to approve Resolution No. 2001-12 finding that the Fiscal Year 2001-2002 Capital Improvement Program is in conformance with the General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CONTINUED PUBLIC HEARING: None. Kuo, Nelson, VC/Ruzicka, Chair/Zirbes None Tye 8.1 Development Review No. 2001-04 and Minor Variance No. 2001-09 (pursuant to Code Sections 22.48.020(A)(2) and 22.52.020(D)) is a request for an intensification of land use for the conversion of an existing retail suite in a commercial center to a restaurant and to permit a decrease of 16% in the number of required off-street parking spaces. APPLICANT: 2020 Brea Canyon Road, Suite Ar7 (Lot 180, Tract 30578) - Diamond Bar, CA 91765 Nathaniel Williams 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 Akbar Ali 8481 Holder Street Buena Park, CA 90620 JUNE 12, 2001 PAGE 3 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-04 and Minor Variance No. 001-09, Findings of Fact, and conditions of approval, as listed within the resolution. Chair/Zirbes opened the public hearing. David Catlan, Real Estate Broker, C. B. Richard Ellis, Ontario, representing the applicant and owner, said he has handled the property off and on for about 12 years, and has been in charge of the leasing for the past two years. He supports the restaurant use in the center. Mr. Catian indicated to C/Nelson that he visits the site frequently and has receiv.3d no complaints or comments from any tenants he has represented over the years with regard to parking at the center. The parking is in -common. Security personnel park their vehicles up against the fence facing the service road. Some competing centers within the City supply more parking, some supply less parking. To his knowledge, all centers comply with the code. Mr. Catlan responded to Chair/Zirbes that the property owner/applicant concurs with the conditions of approval for this project. The lease document discusses the reciprocal parking agreement, which prevents designated/allocated parking. In his opinion, the property owner would be willing to acknowledge the shared -parking agreement. Mr. Catlan indicated to C/Nelson that the previous occupant of this property was Century 21.. He estimated that the office accommodated approximately 26-30 agents and 7-9 support staff. Peggy Guess, 2020 Brea Canyon road, #A5, Diamond Dance Wear, said she has been a tenant in the center for many years. She said the reason Century 21 is lack of parking. There is not sufficient parking for this project. She disagreed that there is no parking problem in the center. Tenants have complained for seven years. She is also concerned that there are no fire walls in the buildings. When the building was reconstructed after a fire, no fire walls were included. She is very concerned about food odors penetrating the clothing in her store, smoke fumes and fire potential of this project. Don Ferderer, Chino Hills, occupies the space directly adjacent to the proposed project location, 2020 Brea Canyon Road, #6. He has been there only about seven months. However, he believes parking is an issue at certain times. He is also concerned about fire hazard. JUNE 12, 2001 PAGE 4 PLANNING CONMISSION Chair/Zirbes closed the public hearing. DSA/Smith clarified the parking study parameters. She reported that the applicant indicated to staff that he would be willing to remain closed during lunch time and request only the 5:30 p.m. until closing hours for operation. By today's standards, the development is under -parked. VC/Ruzicka said he has always been able to find a parking spot in the center. He asked if staff has received complaints from residents or tenants about this project. DSA/Smith said she has received only one letter. C/Kuo asked the applicant's representative why Centu*ry, 21 moved out of the space to which he responded he does not know why they moved across the street. They took a smaller space and may have received a better lease rate. He would imagine that the parking demand would decrease in the center since Century 21 is no longer there. He reiterated the applicant's willingness to remain closed during lunch time and open in the evening only after most tenants have left the center. C/Nelson moved, VC/Ruzicka seconded, to approve Variance No. 2001-04, . Minor Variance No. 2001-09, Findings of Fact, and conditions of approval, as listed within the resolution subject to amending the operating hours indicated in the first sentence of Condition (m), page 7, to read: "Regular hours of operation shall be between 5:30 p.m. and 10:00 p.m. daily." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes None Tye Chairman Zirbes recused himself from discussion of AaA�nda Item No. 8.2 and left the dais. 8.2 Development Review No. 2001-06 (pursuant to Code Sections 22.48.020(A)(1-)) is a request to construct a two-story, single family residence of approximately 12,513 gross square feet including balconies, porch, covered patio and four -car garage. PROJECT ADDRESS: 2819 Water Course Drive (Lot 46, Tract 47850) Diamond Bar, CA 91765 I JUNE 12, 2001 PAGE 5 PLANNING COMMISSION PROPERTY OWNER: Diamond Bar West, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 APPLICANT: Richard Gould 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. Kurt Nelson, Diamond Bar West; .,LLG, stated he -conctirs-with staff's report and conditions of approval. VC/Ruzicka opened the public hearing. There being no one who wished to speak on this matter, VC/Ruzicka closed the public hearing. C/Kuo moved, C/Nelson seconded, to approve Development Review No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye LL Chairman Zirbes returned to thetfia-s. .8.3 Development Review No. 2001-08, Minor Conditional use Permit No. 2001-06 (pursuant to Code Sections 22.48.020, 22.42.120 and 22.56) is a request to construct a two-story, single family residence of approximately 10,365 gross square feet including balconies, porch, covered patio and three -car garage. The Minor Conditional Use Permit approval is required to construct a second dwelling unit of approximately 956 square feet. PROJECT ADDRESS: 2809 Water Course Drive (Lot 49, Tract 47850) Diamond Bar, CA 91765 JUNE 12, 2001 1=101giJESSM FAIUW 0]3M Mr. and Mrs. Shah 401 New Jersey Lane Placentia, CA 92870 S&W Development 20272 Carrey Road Walnut, CA 91789 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-08, Minor Conditional Use Permit No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. 9, Simon Shum, S&VV Development, said that it is economically feasible to build a second residence on a $500,000 lot for use as a rental. The property owner intends to provide the second unit for family members. The applicant understands and concurs with the conditions of approval. He explained that this is a custom home designed exclusively for the owner. Mr. Shum explained to C/Nelson that there is no kitchen proposed in the drawings for this project. . VC/Ruzicka said he is concerned about a second owner having a right to using the second unit as a rental. DSA/Smith explained that the State law as well as, the City of Diamond Bar Development Cod I e, gives the right to rent a second unit to others including family members. Mr. Shah said there will be no kitchen in the guest home. . . Chair/Zirbes op,�.�ned the public hearing. There being no one who wished to speak on this item, Chair/Zirbes closed the public hearing. C/Nelson moved, VC/Ruzicka seconded, to approve Development Review No. 2001-08, Minor Conditional Use Permit No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution with the addition of a Condition to indicate that the guest house shall not have a kitchen. Motion carried by the following Roll Call vote: JUNE 12, 2001 PAGE 7 PLANNING COMMISSION AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye 9. PLANNING COMMISSION COMMENTS: VC/Ruzicka reported that there is a huge pothole at the corner of Mountain Laurel Way and Diamond Bar Boulevard turning off of Diamond Bar Boulevard right onto Mountain Laurel Way about 20 feet into the street. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. AssocP/Lungu stated that Diamond Bar Honda will be requesting an extension of time on their car wash facility project and other modifications. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Zirbes adjourned the. meeting at 8:41 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Bob Zirbes AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT: PROPERTY OWNER: City of Diamond Bar PLANNING COMMISSION Staff Report June 19, 2001 June 26, 2001 General Plan Conformity Report for Vacation of a Portion of Right -of -Way for Hawkwood Road Pursuant to Section 65402 of the Government Code Eastern End of Street of Hawkwood Road City of Diamond Bar City of Diamond Bar This matter is before the Planning Commission because of a request by JCC Homes to vacate portion of right-of-way for Hawkwood Road within Lot 28 of Tract 47850 of the private community of the Crystal Ridge Estates. This request is made to facilitate the installation of a security gate for emergency services access at this entrance to the Crystal Ridge Estates. The portion of right-of-way to be vacated is all right -of -way -for Hawkwood Road within Lot 28 of said tract, excepting the west 55 feet. The area of the portion of right-of-way for Hawkwood Road to be vacated is approximately 27,000 square feet. The existing right-of-way width is 60 feet. As there are existing public utilities in use and no preparation has been made to relocate or provide alternate faci ities, it is necessary to reserve easements for these facilities. In accordance with Section 65402(a) of the Government Code, no real property shall be disposed of or no street shall be vacated or abandoned until the Planning Commission reports on conformity of the location, "- purpose and extent with the General Plan of the City of Diamond Bar. This street vacation is in general conformance with said plan. There is little or no probability that taking this recommended action will be detrimental to or interfere with any future adopted General Plan should the project ultimately be found to be inconsistent with that plan. The portion of right-of-way for Hawkwood Road to be vacated is unnecessary for present or prospective public use that can not be served by reservation of public utility and public services easements. Said right- of-way is also not required for a non -motorized transportation facility. ENVIRONMENTAL ASSESSMENT: Pursuant to Section 15312 of the California Environmental Quality Act (CEQA), this matter is categorically exempt. RECOMMENDATION: It is recommended that the Planning Commission approve the attached resolution -finding -and reporting -that the location, purpose and extent of the vacated portion of right-of-way for Hawkwood Road is in general conformance with the General Plan of the City of Diamond Bar. PREPARED BY: John L. Ilasin Assistant Engineer ATTACHMENTS: 1) Exhibits A & B 2) Planning Commission Resolution EXHIBIT "A" HAWKWOOD ROAD RIGHT-OF-WAY V �CACTION LEGAL DESCRIPTION All the Right -of -Way for Hawkwood Road, dedicated by statement of the face of Tract Map 47850, recorded in Book 1225, Pages 89 through 99 inclusive, of maps in the office of the County Recorder of Los Angeles County, California, excepting the West 55.00" of said Right -of -Way dedication lZ < n LL 0 LLJ > 0 C) D 3�: Q :3; LLJ X 0 0 ui U- F- m of W U ui t -t 0 n Z 0 1 ) Ml�- -04 CD o ;7) ) tO ;7 , NIMME 00 ;5 �N n (0 ED N C — c wo -i LLJ . t r to CD I I,Ft 00 C6 - zg: LLI En 0 0 C", QU'- Ij aim 0 0 ci r- ci 0 00 c CI 00 (C) (0 It 1r) 4 'n, 00 0 Er) CC Z :20] �F Li ul Z 0 0� d to ao� LLJ , U ,oc I of W U ui t -t 0 n Z 0 1 ) Ml�- -04 CD o ;7) ) tO ;7 , NIMME 00 ;5 �N n (0 ED N C — c wo -i LLJ . t r to CD r- c 10 CD LLI En 0 0 c QU'- 2 a 0 0 ci r- ci 0 00 c Z CL W Lj It 0 WWOp , 00 oo if (( :20] �F Li ul Z 0 d to ao� LLJ , U -i Z C-) z < u V) z L'i UJ C'4 C -2 -J LJ Z) a- u D C) C) 0 (n Cr < W 0 L) CL u > r- Z RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA FINDING AND REPORTING THAT THE LOCATION, PURPOSE AND EXTENT OF THE VACATED PORTION OF RIGHT=OF-WAY FOR HAWKWOOD ROAD IS IN GENERAL CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR A. RECITALS: (i.) WHEREAS, vacation of portion of right-of-way for Hawkwood Road, a street now in use for public purposes, is requested by JCC Homes for the purpose to facilitate the installation of a security gate for emergency services access at this entrance to the Crystal Ridge Estates; (ii.) WHEREAS, the Planning Commission of the City of Diamond Bar has considered the matter of vacating portion of right-of-way for Hawkwood Road, the location and extent of which is generally described in Exhibit A and shown as "Existing Public Right -of -Way for Hawkwood Drive to be a Vacated" in Exhibit B attached hereto; and (iii.) WHEREAS, Section 65402 of the Government Code of the State of California requires that no street shall be vacated until the location, purpose and extent has been reported upon by the planning agency of the city as to conformity with the general plan. B. RESOLUTION: NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section 1. The Planning Commission hereby finds that the vacation of that portion of right-of- way for Hawkwood Road as generally described in Exhibit A and shown as "Existing Public Right -of -Way for Hawkwood Drive to be Vacated" in Exhibit B, attached hereto, along with the reservation and exception of easements for public utility and pu' clic services pL.rposes over that portion of Hawkwood Road to be vacated is in general conformance with the Circulation .Element of the adopted General Plan of the City of diamond Bar. Section 2. The Planning Commission hereby recommends to the City Council to vacate that portion of right-of-way for Hawkwood Road as generally described in Exhibit A and shown as "Existing Public Right -of -Way for Hawkwood Drive to be Vacated" in Exhibit B, attached hereto, along with the reservation and exception of easements for public utility and public services purposes over that portion of Hawkwood Road to be vacated. PASSED, APPROVED AND ADOPTED this 261h day of June, 2001. Bob 74 ATTEST: James DeStefano, Secretary I, JAMES DESTEFANO, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 26th day of June, .2001, by the following vote: - AYES: NOES: ABSENT: ABSTAINED: JAMES DESTEFANO, Secretary -2- BACKGROUND: --ne property owner/applicant, Mathew Tachdjian of -Col -Am Properties, LLC is requesting modification to and time extension o-' Conditional Use Permit No. 98-7,.Development Review No. 98-12 and Variance No. 99-2 which the Planning Commission approved on June 2--, 1999 by Resolution No. 99-16. The Planning . Commission's approval allows the construction of an automated car wash facility. The car wash facility was approved with the following: a wash tunnel, approximately 2,402 square feet; retail sales 11 City of Diamond'Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.1 REPORTLDATE: June 11, 2001 MEETING DATE: June 26, 2001 CASE/FILE NUMBER: Conditional Use Permit No. 98-7(1) and *Development Revie-.q No. 96.712 (1.) APPLICATION REQUEST: To modify the Planning Commission approval for an automated car wash facility and a, time extension I for the original approval. PROJECT LOCATION: 515 S. Grand Avenue (Parcels 3 and 4, Tract 15625) Diamond Bar, CA 91765 PROPERTY OWNERS/APPLICANT: Mathew Tachdjian Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765. BACKGROUND: --ne property owner/applicant, Mathew Tachdjian of -Col -Am Properties, LLC is requesting modification to and time extension o-' Conditional Use Permit No. 98-7,.Development Review No. 98-12 and Variance No. 99-2 which the Planning Commission approved on June 2--, 1999 by Resolution No. 99-16. The Planning . Commission's approval allows the construction of an automated car wash facility. The car wash facility was approved with the following: a wash tunnel, approximately 2,402 square feet; retail sales 11 boutique area, approximately 2,089 square feet; three -bay lube center, approximately 1,140 square feet; detail center with office, approximately 1,467 square feet; auto service center, approximately 4,150 square feet; fuel dispensers; vacuum, queuing and drying areas; two platforms (on roof of service center and adjacent to -Grand Avenue) to display new cars; and retaining wall with a maximum height of 18 feet. Additionally, this approval includes expanding the Diamond Bar Honda dealership by providing new car display areas along with the auto service center.. The project site is located at 515 S. Grand Avenue (Parcelt 3 and 4 of Parcel Map No. 15625). The project site consists of two parcels, Parcels 3 and 4 of Parcel Map No. 15625. Both parcels are undeveloped, basically denude of vegetation with existing walls adjacent to the north and south property lines and within the eastern portion of the project site on Parcel 4 near Grand Avenue. The project site's topography begins a,: an elevation of approximately 699 feet, at Grand Avenue and slope down to Old Brea Canyon Road to an elevation of approx*im&tely 677 feet. Parcel 3 is approximately 36,350 and Parcel 4 is approximately 10,070 square feet square feet. Both parcels contain easements for Los Angeles*County flood control and storm drain and Southern California Edison. The project site has a General Plan land use designation of Ge,-e-ral Commercial (C). Pursuant to the General Plan, this land ase aesignation provides for the establishment of regional, and/or community retail and service commercial -�=__-zionally, development within the General Commercial is permitted to maintain a maximum floor area ratio _.0C. The project's FAR is 0.24. designation for the project site is Regional ==ca (C-3) This zoning designation permits a wide range Z: --ses (i.e. retail trade, services, fuelirg/service station:., repair/maintenance, auto sales, car washes, restaurants, Proposed project with the requested uses -is permitt,::d one. Generally, the following zone and uses surro-.ind 2_c7ect site: to the north is the Burger King restaurant, Dlamcn^ Bar Honda dealership, C-3 Zone and the boundary for City ---t!Y; to the south is the Pomona (SR 60) Freeway; to the eas-_ Is Gran6 Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of The applicant owns Parcel 1 (Diamond Bar Honda), Parcel (Burger King restaurant), Parcels 3 and 4 which are the subject Project site. However, the applicant leases Parcel 2 to Burger King. 2 ANALYSIS: EXTENSION OF TIME Pursuant to Development Code Section 22.66.050, an approved permit orentitlementshall be exercised before its expiration (i.e., obtain a building permit and continuous on-site construction activity; obtain i grading permit and complete a significant -amount of on-site grading; or actually implement the land use in its entirety). If the permit or entitlement is not exercised, the applicant shall file a written request for an extension of time with the appropriate review authority. In this case, the appropriate review authority is the Planning Commission. If the Planning Commission determines that the ,permittee has proceeded.in good faith and has exercised due ,diligence in seeking to establish the permit, the Planning Commission shall grant an extension of time up to two consecutive periods not to exceed six months each. - Planning Commission Resolution No. 99-16 states "this grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one- year extension of time may be approved when submitted to the City 4- writing at least 60 days prior to the expiration date. The =_a-ning Commission will consider the extension request at a duly n=_ice_-4 public hearing in accordance with Chapter 22.72 of the c -f Diamond Bar Development Code." 18, 2001 the applicant submitted a request in writing one-year extension of time. Due to financial reasons and sec modifications that will reduce the project's cost, the is not able to proceed with construction during the period granted by the Planning Commission. MODIFICATIONS Te ' car wash facilitY,Yill still consi8ts of the following; a was- i-_:nne-, approximately 2,530 square feet; retail sales area with office, cashier and restroom, approximately so-aare feet; lube center, approximately 1,440 square feet; auzc servIce center, approximately 4,367 square feet; fuel dispensers queuing area; and vacuum, and drying areas. The Proposed modifications include deleting the detail center and two new car display Platforms. The total square footage of the mentioned structures will be minimally reduced and the fuel disDensina area will also double as queuing area. The employee/service parking area as proposed (see Exhibit "A" dazed June 26, 2001) needs to be modified. This area is required to provide approximately 21 parking spaces, 9 feet wide by 19 feet long with a 26 -foot backup aisle as on the original 3 approval. This modification will allow the two-way drive aisle that is a continuation of the main access Point from Old Brea Canyon Road to be at least twenty-five feet wide. It will be required that the two-way drive aisle incorporate striping and signage directing the flow of traffic. Furthermore, a landscape finger could be utilized to separate the driveway from the employee/service parking area. A new car storage area, thereby allowing the applicant to display 62 new cars, will replace the previously approved -platform display areas. The new car storage area is located on a portion' of Pafc.el 4 adjacent to Grand Avenue. This parcel will also contain a portion of the car wash facility. The existing retaining wall, which is approximately eight to nine feet tall and separates' the car wash facility from the new car storage area will have a 42 -inch wrought iron guard railing c -n top. A retaining wall with an exposed height of approximately four is proposed th-ree feet from existing wall that separates the Burger King site from the project site. VARIANCE Variance No. 99-2 was approved by the Planning Commission to a ,ow the applicant to construct an 18 -foot high retaining wall. retaining wall was to be located 30 feet from Grand Avenues right-of-way. The retaining wall's purpose was to. an auto display platform area at street level. The request to the original approval includes deleting retaining wall. - - e c::,_, r e a-rc-1zecr-ural style is basically the same. The tower that was _--a-ec over the 1,,be in sales area has..been deleted. The south facing the freeway is the same. It still utilizes -the along with the dealership name. Stucco and sp'it, _ac_-T.c_ D-ocks alone_ with Honda blue, gray and white' was still be Access Two access points to the car wash facility will be at Old Brea Canvon Road. The main access point will be utilized as an entrance and exit. The secondary access point will be for exit onl}, inappropriately signed as such. An access point will be provided on Parcel 4 for the purpose of moving oving new cars to and from, the storage area. The driveway utilized by Burger 1king will still be shared by Diamond Bar Honda. A shared access agreement is still required for all parcels. 2 Lot Line Adjustment The applicant will still be required to process a Lot Line Adjustment with the City's Public Works Division. The applicant proposes to move lot line, shared by Parcels 3 and 4, in a westerly di -rection, thereby reducing Parcel 3 and enlarging Parcel 4. The applicant also proposes to move the north lot line, shared by Parcels 2 (Burger King) and 3, 20 feet in a northerly direction. It is -required that' all lot line adjust- ments be completed before the issuance of any City permits. Since Parcel 3 and 4 will not be merged, a reciprocal parking and shared"access agreement is critical. Grading The project's proposed grading is a total of approximately 460 cubic yards with 230 cubic yards of cut and 230 cubic yards of f --l! .)alance on site. The original approval estimateC..-the earthwork to be a total of 2,860 cubic yard balance onsite. t,,'_'zhout the 18 -foot high retaining wall and new car display platforms the earthwork is considerable less. (7 0 N - -,, 7� T n T\1 proposed modifications and extension of time does alter the Planning -'s approval. The modifications will not substantially changed t, thereby causing significant environmental effects or a increase in the severity of the previously identified 7 :.._:«a= ::a= effects. wash facility and dealership expansion is still basically the --,ecz that the Planning Commission approved in June 1999. the modifications that are proposed do require Planning -ZE--on review. _- ecz and project'site are important to the Ct y. The s_-te is an important area to the City in light of its ac-iacent to the freeway and Grand Avenue and nd the image _=-=a-_es or can create to those driving by. The City looks _cr*v.,a_--_� zc the development of the project site and the expansion a:-:9 e-.-e-::ua_ remodel of the Honda dealership. The City understands that the project site is also important to the app-ican- with regards to the Honda dealership's expansion and pro�-Iding profitable land uses. ENVIRONMENTAL ASSESSMENT: Pursua ' n-- to the provisions of the California Environmental Quality Act (CEQA), QA), Section 15070, the City determined that a Negative Declaration was required for this project. The City prepared and adopted Negative k, Declaration No. 9.9-3 on June 22, 1999. Pursuant to CEQA Section 15162(a), the City has determined that the Proposed revision/extension of time does not substantially changed the project, thereby causing significant environmental effects or a substantial. increase in the severity of the previously identified significant effects. NOTICE OP PUBLIC HEARING: Notice for this project was published in the inland Valle Bulletin and the San Gabriel Valley Tribune on June 15, 2001. Public hearing notices were mailed to approximately four Property owners within a 500 -foot radius of the project site and the public notice was Posted in three public places on June 12 2001. Furthermore, the project site was Posted with a display board on June 14, 2001. RECOMMENI)AMONS.: S::a----"' recommends that the Planning Commission approve the project modification and the one-year extension of time, Findings of Fact and conditions as listed within the resolution. REQUIRED MODIFICATION FINDINGS (Section 22.76.020 B.1.): One of the following findings must be made.) have been changed by the applicant to a -degree one or more of the findings contained in the original n:_er,-._4z can no longer be made and/or the public health, sa'��e:%, and welfare require the modification; permit was obtained by misrepresentation or fraud; ase Of improvements authorized in compli;;ince with the h a --3 not I)aen established in a timely r, inner and a -L- exze-ision �`s not warranted; one or more of the conditions of the permit has not bee.-. matched or have been violated; -ne use, structure or construction for which the permit was granted has ceased to exist or has been suspended for at least six months, as defined in Section 22.68.050.A. (Loss Of Nonconforming Status); 6. The improvements authorized in compliance with the permit is in violation of any code, long,.ordnance, a regulation or statute; or 0 7. The improvement/use allow by the permit has become detrimental to the public health, safety or welfare, or the use operates in a manner that constitutes a nuisance. REQUIRED EXTENSION OF TIME FINDING: 1. The permittee has established, with substantial evidence .beyond the control of the permittee (e.g., demonstration of financial hardship; legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistt--nt with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 'he design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development', and will not create traffic or pedestrian hazards; architectural design of the proposed development is with the characteristics of the surrounding -e---'-borhood and will maintain and enhance the harmonious, ,::4.. and attractive development contemplated by Chapter --..4E of the City's Development Code, the General Plan, or applicable specific plan; -he design of the proposed 'evelopment will provide a des_ -rah-_ -'e envir07 -ment for i't3 Dccupants and visiting-public- aE we-_ as its neighbors th7-ough good aesthetic use of texture, and color that will remain aesthetically appealing; --he proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values ore resale(s) of property) to the properties or improvements mprovements in the vicinity; and r. The Proposed project the provisions of the (CEQA). has been reviewed in compliance with Cal . ifornia Environmental Quality Act 7 a I - I ONCIq�E 1. 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; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision Of utilities, tompatihility with adjoining land uses and Lhe absence of physical constraints; S. 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 'n the vicinity and zoning district in which the property is located; and -ne proposed project has been reviewed in'compliance with -'-ie provisions of the California Environmental Quality Act I—EQA). ,��nn Lungu, 1; her 119, P 'U A- qac :.^g -- n :: S : Planning Commission Resolution No. 99-16; Ex'-�b:.-- "All - site plan, floor plan, elevations,. preliminary Landscape/irrigation plan, lighting plan and colors/materials board dated June 26, 2001; 3. Correspondence and from the applicant date stamped April 18, 2001 requesting an Extension of Time; 4. Staff reports dated April 15, 1999 and June 14, 1999; a . nd S. Planning Commission Resolution No. 99-16. 9 PLANNING COMMISSION RESOLUTION NO. 2001 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-7(1) AND DEVELOPMENT REVIEW NO. 98-12 (1) FOR MODIFICATIONS AND AN EXTENSION OF TIME TO THE JUNE 22, 1999 PLANNING COMMISSION APPROVAL FOR THE CONSTRUCTION OF A CAR WASH FACILITY THAT CONSISTS OF A RETAIL SALES BOUTIQUE WITH OFFICE AND CASHIER, LUBE CENTER, AUTO SERVICE CENTER, FUEL DISPENSER/ QUEUING AREA, VACUUM AND DRYING AREA AND NEW CAR STORAGE AREA. THE PROJECT SITE IS LOCATED AT 515 S. GRAND AVENUE, (PARCELS 3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC has filed an application for modifications and an extension of time to Conditional Use Permit No. 98-7 and Development Review No. 98-12 approved by the Planning Commission on June 22, 1999. .The project site is located at 515 S. Grand Avenue, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. The Planning Commission of the City of Diamond Baron June 26, 2001conducted a duly noticed public hearing on the Application. At that time, the public hearing was opened, public comments were heard and the public hearing was concluded. 3. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on .?une 15, 2001. 'Public hearing notices were mailed to approximately four property c-vners of record within a 590 -foot radius of the project and the public notice was posted in three public places on June 12 2001. Furthermore, the project site was posted with the required display board on J ;ne 14, 2001. B. Resolution, 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 pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City has determined that a Negative 1 Declaration was required for this project. The City prepared and adopted Negative Dec 99-3 on June 22, 1999. Pursuant to CEQA Section 15162(x), the City has determinedt proposed modifications and extension of time do not substantially change the project, there causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects and no further environmental review is required. Furthermore, this determination reflects the independent judgement 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 wild life 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a rectangular -shaped vacant site, consisting of two parcels (Parcel 3 — approximately 36,350 square feet and Parcel 4 - approximately 10,070 square feet) approximately 1.06 acres. The project site is denude of vegetation with existing walls adjacent to the north and south property lines and within the eastern portion of the project site near Grand Avenue. The project site's topography begins at an elevation of approximately 699 feet, at Grand Avenue and slopes down to Old Brea Canyon Road to an elevation of approximately 677 feet. Both parcels contain easements for Los.Angeles County flood control and storm drain and Southern California Edison. (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 the establishment of freeway -oriented, and/or community retail and service commercial uses. Additionally, development within the General Commercial (C) designation is permitted to maintain a maximum floor area ratio (FAR) of 1.00. The project's FAR is approximately 0.24. (c) The project site is whin �-he Regional Commercia: (C-3) ZonE This zonin, .designation permits a wide range of L;::,es (i.e. retail trade, seri-�;es, fuelinn/service sta,=s, vehicle repair/maintenance, auto sales, car washes, restaurant's, etc.' The propos ed car wash facility is in compliance with the allowed uses specified for the G-3 Zone with a Conditional Use Permit. (d) Generally, the following zones and uses surround. the project site: To the north is the Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and boundary for the City of Industry; to the south is the Pomona (SR -60) Freeway;,to the east is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. (e) The Application request is to construct an automated car wash facility that consists of the following: A wash tunnel of approximately 2,530 square feet; retail sales boutique area with office, cashier and restroom, approximately 2,520 square feet; lube center, 2 approximately 1,440 square feet; auto service center, approximately 4,36et; fuel dispensers/queuing area; vacuum, and drying areas and new car stora!�k ehe proposed modifications include deleting the detail center, two new car disa and an 18 -foot high retaining wall previously approve through Variance No. 99--02. T :�* total square footage of the mentioned structures will be minimally reduced and the fuel dispensing area will double as a queuing area. 'DEVELOPMENT REVIEW (f) The design and layout of the proposed development is, consistent with the applicable elements of the City's General Plan, City Design Guidelines, and 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 proposed project provides for the establishment of service and retail uses that are consistent with the General Plan's Regional Commercial land use designation. it is also consistent with the Caneral Plan because the proposed pro fjct takes ac vantage of freeway visibility and it will be a good revenue generating project serving the Chy's needs. Furthermore, the proposed project provides an opportunity for retail and other non-residential commercial uses, promotes the economic development within the City by providing an attractive, well - 'serviced, well protected environment for all residents and visitors, promotes local job opportunities, and provide unity with adjacent commercial developments. Pursuant to the City's Design Guidelines, the proposed project is compatible with other commercial developments within the area and reflex community character while suggesting uniqueness and quality. Pursuant to the General Plan and City Design Guidelines and as amended Herein, the proposed project will yield a pleasant environment through its design, use of materials, colors and landscaping which will offer a variety of plant species and adequate on-site parking with the required recorded reciprocal parking and access agreement. Furthermore, the proposed project meets all required development standards related to setbacks, heights, parking stall dimensions and quantifies, etc. is (g) The design and layout of the proposed development will not interfere with the use and enjoy neat of neighboring existing or future development and will not create traffic or pedestrian .hazards. The i)roeposed project is within the Regional Commercia: Zone, which permits the proposed uses with a Conditional Use Permit approval. The proposed project is located within an established commercial development at the City boundary. The proposed development's design (as amended herein) and layout will unify and integrate the proposed development with the existing adjacent development. Additionally, as referenced in the traffic impact study dated June 10, 1999, prepared by Associated Traffic Consultants, the proposed project with its modifications will not create traffic or pedestrian hazards. (h) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive 3 development contemplated by Chapter 22.48.20. Development Review stan City Design Guidelines and the City's General Plan. As referenced in Item 4. (f) above and (i) below, the proposed project will be consisten;o and compatible with the architectural design, materials, and colors of the commercial development within the area. Therefore, the proposed project will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development-Review requirements, Design Guidelines and General Plan. (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 that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. As referenced in the above findings, the proposed project, as amended herein, will provide a desirable environment for its occupants and vhz Ping public as well as iia neighbors through good aesthetic use of materials, textui a ai id color that will remain aesthetically appealing. The construction materials, concrete block, glass and metal will retain a reasonably adequate level of maintenance. (j) The proposed development will not be detrimental to 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 Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division and Fire Department requirements. The referenced agencies, involvement will ensure that the proposed development is not 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); Pursuant to the provisions of the Califomia Enviror;Oental Quality Act (CEO -'I), Section 15070, the City determined that a Negative De;,lara, Jon was required for this project. The City prepared and adopted Negative Declaration No. 994 on June 22, 1999. Pursuant to CEQA Section 15162(a), the City has determined that the proposed revisionlextension of time does not substantially changed the project, thereby causing significant environmental effects or a substantial increase in the severity of the previously identified significant effects. Therefore, no further environment review is required. CONDITIONAL USE PERMIT (I) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with will ether applicable provisions of the Development Code and the Municipal Code; 4 Pursuant to Development Code Table 3-10, the proposed uses are eithi a Conditional Use Permit or permitted by right within the C-3 Zone. As amended herein, the proposed uses will comply with all other applicable r Development Code and the Municipal Code. (m) . The proposed use is consistent with the General Plan and any applicable specific plan; There is no specific plan for the project area. As referenced in Item (f) above, the proposed project is consistent with the General Plan. (n) The design, location, size and operating characteristics of the' proposed use are compatible with the existing and future land uses in the vicinity; As referenced in Item 4. (f) and (i) above, the proposed project, as amended herein, will be consistent and compatible with the architectural design, materials, and colors of the commercial development within the area. The project site is adequate in size to accommodate the proposed proiect, as amended herein, with the requirement that the applicant obtain ai3 record a reciprocal parking and access agreemej.it, Operatikif " characteristics will be compatible with the existingvnd future land uses in the vicinity as conditioned through the Conditional Use Permit process. (o) The subject site is physically suitable for the type and density/intensity of the use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; As referenced in Item (h) above, the subject site is physically suitable to the proposed project. Access has been reviewed in a traffic impact study prepared by Associated Traffic Consultants and the City's traffic engineer/Public Works Division. The access was deemed adequate. Utilities are existing and as required in the conditions of approval, the proposed project will be able to hook-up to existing utilities. As referenced above in items (f), (g), (h), (i) and (n), the proposed project will be compatible with adjoining land uses. As proposed, the project is absent physical constraints. (p) Granting the Conditional Use Pi!rmit will not be detrimental to the public i;,terest, healt !; safety, convenience. -gr welfare, or in;arious to persons, property, or improirpoents in thf vicinity and zoning district in which the property is located,, As amended herein, conditioned, and with appropriate permits and inspections, the granting of the Condtional 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. Modifications Finding (q) Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the modification; On Apri/ 18 2001 the applicant submitted a request in writing for a one-year extension of time. Due to financial reasons and proposed modifications that will reduce the project's cost, the applicant is not able to proceed with construction during the two-year period granted by the Planning Commission. Extension of Time Findin (r) The permittee has established, with substantial evidence beyond the control of the permittee (e.g., demonstration of financial hardship, legal problems with the closure of the sale of the parcel, poor weather conditions in which to complete construction activities, etc.), why the permit should be extended; On April 18, 2001 the applicant submitted a request in writing for a one-year extension of time. Due to financial reasons and proposed modifications that will reduce the project's cost, the applicant is not able to proceed with construction during the two, -year period granted by the Planning Commission. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, grading plan, floor plan, elevations, final landscape/irrigation plan, final exterior and parking lot lighting plan/study and colors/materials board collectively labeled as Exhibit "A" dated June 26, 2001, as submitted and approved by the Planning Commission, as amended herein. (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 a 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 contrac!or utilized has obtained permits from the City of Diamond Bar o provide such services. (c) Before the issuance of any City permits the applicant shall ,iubmit' a final landscape/irrigation plan that delineates plant species, size, quantity and location, for the City's review and approval. The final landscape plans shall also include tree species and size approved by the City, to be utilized as a uniforming element that ties -together the proposed development with the existing development. Any existing landscaping that has died or is destroyed during construction shall be replaced matching the existing landscaping. Additionally, the final landscape plan shall delineate the four required trees within the parking area. Said trees shall be a minimum size of 36 -inch box. The landscape/irrigation plan shall comply with the City's established. Water Efficient Landscape Regulations and shall be plan checked accordingly. All landscaping and irrigation shall be installed prior to final inspection. 6.0 (d) Before the issuance of any City permits, the applicant shall submit an a io Ming plan/study for the City's review and approval. Lighting shall comply with all ap ' Development Code standards. (e) All roof -mounted equipment shall be screened from public view. (f)- Prior to the issuance of a building permit, the applicant shall submit a final detail of the trash/recycle bin enclosure for the City's review and approval. (g) Prior to the issuance of any City permits, the applicant shall submit a revised site pian for the City's review and approval that modifies the employee/service parking area to provide approximately 21 parking spaces, 9 feet wide by 19 feet long with a 26-f6ot backup aisle. Additionally, the main access (from Old Brea Canyon Road) aisle shall be at least twenty- five feet wide. Furthermore, a landscape finger shall be utilized to separate the driveway from the employee/service parking area. (h) Prior to the issuance of any City permits, the applicant shall dElineate, on a revised site plan for the City's review and approval, pedestrian access ftonijhe car .gash site to the Burger King restaurant site. � - — _W.. (i) The secondary driveway at Brea Canyon Road shall be utilized for exit only and identified as such. (j) The proposed project shall comply with the City's noise standards. The car wash force -air blower shall be operated only between the hours of 7:00 a.m. and 8:00 p.m. and in a manner that does not exceed 60 dBA at any point on contiguous receptor property, five feet above grade level, no closer than three feet from any wall in a commercial/industrial location. (k) Prior to the issuance of any City permits, the applicant shall obtain City approval for and shall record the proposed lot line adjustments. (I) Prior to final inspection/occupancy, the applicant shall pay their "fair -share" (1.42°/x/ $7,244) of the installation of the following traffic improvements- measures as required by the Deputy Public Works Director and CakTrans: (1) Grand Avenue and SR-57/SR-60 west bound rami: Provide an additional right - tum lane and an additional left -tum lane on the off ramp resulting in two left -tum and two right -tum lanes; and (2) Provide an additional through lane on the northbound approach of Grand Avenue resulting in three through lanes. (m) Prior to the issuance of any City permits, the applicant shall submit a complete grading plan in accordance with the City's grading requirements for the City's review and approval. The grading pian shall: 7 (1) Be signedlstamped by a civil engineer, geotechnical engineer andt as required; (2) Delineate the proposed and existing topography; (3) Delineate finish surface, finish grade, flow lines, top of wall, bottom of wall, bottom of footing and finished surface for proposed retaining walls; (4) Delineate proper drainage with details and sections; and (5) Indicate quantity and earth work calculation. (n) Plans shall delineate retaining wall sections drawn to scale..with appropriate details, type ofretaining wall and structural calculations. (o) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (p) The applicant shall be responsible for sewer and storm drain systerMateral installation and shall ensure connection with the Los Angeles County Department of Public Works for storm drain and sewer lateral if there are none currently available. Additionally, the applicant shall pay the County Sanitation District for connection fees. Furthermore, the applicant shall be responsible for all costs associated with the improvement, review and approval for the addition of sewer or storm drains. (q) Prior to final inspection, the applicant shall install full sidewalk improvements along the property frontage at Old Brea Canyon Road to the satisfaction of the Deputy Public Works Director and with an encroachment permit. The sidewalk width shall match and join existing sidewalk. (r) Applicant shall submit a soils report, for the City's review and approval, incorporating the scope of the proposed development. The soils report shall give appropriate recommendation for the project's construction including the suitability of the retaining wall to withst-and pressure of the retained soil and proposed development. (s) Driveway improvement shall be required at the appropriate width. (t) Prior to the issuance of any City permits, the applicant shall submit a revised site plan accurately delineating the existing storm drain easement dedicated to Los Angeles County Flood Control District along the northerly end of Parcels 3 and 4. (u) Applicant shall be responsible for all utility improvements. All utility improvement shall be made prior to occupancy. If cuts within the City right-of-way are required, the applicant shall obtain the appropriate encroachment permits and pay the appropriate fees. (v) Applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County. Additionally, the applicant shall conform to all NPDES requirements. (w) All handicap parking shall comply with current State handicap accessible r6 Van parking shall be provided. Site plan shall delineate path of travel from pari to building. Cross slope shall not exceed two percent. All bathroom and ramps sh designed in compliance with State handicap accessible regulations. Required handicap signage shall be installed at each entrance. (x) Plans shall conform to State and Local Building Code (i.e. 1994 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1993 National Electrical Code) and State Energy Code requirements. (y) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C" exposure. (z) Pursuant to the Building and Safety Division requirements, the applicant shall provide construction fencing surrounding the boundaries of the project site. («a) Applicai 4 shall submit construction plans to the Los Angeles County Fire Department for . . - review and approval. Plans shall comply with all applicable fire codes. (bb) Applicant shall obtain and record a reciprocal parking and access agreement that includes all.four parcels (Diamond Bar Honda dealership, Burger King restaurant and car wash facility). (cc) Gasoline delivery shall not occur during operational hours of the car wash. (dd) Prior to the issuance of any City permits, the applicant shall negotiate with Cal -Trans in order to install landscaping and irrigation on Cal -Trans property adjacent to the north elevation of the auto service center and the car wash. If an agreement is obtained, maintenance of this landscape area shall be the applicant's responsibility. (ee) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for the graffiti removal within 48 hours of it appearance or upon notification to the al3plicant of its appearance. - P All under ground tanks, contaminant storage tanks and storage tanks for oil, fluids and all other chemicals shall meet all environmental requirements including the applicant obtaining the appropriate permits from South Coast Air Quality Management District, California Regional Water Quality Board and the Fire Department. (gg) This grant for an extension of time is valid for one year from the original two -years approved by the Planning Commission on June 22,1999. Therefore, this grant is valid until June 22, 2002. (hh) 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 OJ Department, their affidavit stating that they are aware of and agre accept all the conditions of this grant. Further, this grant shall not be effective until ittee pays remaining City processing fees, school fees and fees for the review of su reports. O If the Department N meet of Fish and Game determines that Fish and Game Code Sectio 11.4 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 documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis 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 determines to be owed. 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: Mathew Tachdjian, Col -Am Properties, LLC, P.O. Box 4655, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 26TH OF JUNE 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. a Bob Zirbes, Chairman :. jame-z DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly mtroaucec, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Piannmg Commissicc1 held on the 22nd day of''lno 1999, by Vie following vote: .YES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 10 Mr. Jim DeStefano City of Diamond Bar 21660 E. Copley Dr. Suite 100 Diamond Bar, Ca. 91765 101 ! I ! PR is Re: CUP #—yf— 7 for Diamond Bar Honda 9P—.,z Dear Mr. DeStefano: This letter is to hereby request an extension of time for the above mentioned CUP. Please schedule us for the upcoming Hanning Commission Meeting prior to June so that our CUP approval goes not expire. Thank you for your understanding and patience. We've experienced a few delays. Sincerely, Rod Wilson Autnorized agent for Matt Tachdjian AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT LOCATION: PROP:]RTY OWNERS/APPT-ICANT: BACKGROUND: Staff Report April 15, 1999 April 27, 1999 Conditional Use Permit No. 98-.7, Development Review No. 98-12 rind Variance No. 99-2 To construct an automated car wash with a retail sales boutique area, three -bay lube center, detail center with office, six -bay auto service center, fuel dispensers and two platforms to display new cars. Additionally, the request includes an 18 - foot high retaining wall. 515 S. Grand Avenue Diamond Bar, CA 91765 Mit.he'w*Tachdjian Ccl -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 The property owner/applicant, Mathew Tachdjian of Col -Am Properties, LLC is requesting approval of Conditional Use Permit No. 98-7, Development Review No. 98-12 and Variance No.99-2 (pursuant to Code Section 22.58, 22.48, and 22.54). The',request is for approval to construction an automated car wash. The car wash will consist of the following: a waslt.,i tunnel, approximately 1 2,402 square feet; retail sales boutique area, approximately 2,089 square feet; three -bay lube center, approximately 1,140 square feet; detail center with office, approximately 1,467 square feet; six -bay auto service center, approximately 4,150 square feet; fuel dispensers; vacuum and queuing and drying areas; two,platforms to display new cars; and retaining wall with ---a -maximum -height of 18 feet. Additionally, this request will also expand the Diamond Bar Honda dealership. The Project site is located at 515 S. Grand Avenue (Parceli'3 and 4 of Parcel Map No. 15625). It is a vacant lot, basically -denude of vegetation with existing walls adjacent to the north and south property lines and within the eastern Portion of the Project site near Grand Avenue. The Project site's topography begins at an elevation of approximately 699 feet, at Grand Avenue and slope down to Old Brea Canyon Road to an elevation of approximately 677 feet. The Project site consists Of two par -els, Parcels 3 -and 4 of Parcel Map No. 15625. Parcel 3 is appro' Parcel 4 is approximately 10,070 square 'Amately 36,350 end fMet square feet. Both parcels contain easements for Los Angeles County flood control and storm drain and Southern California Edison. 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 the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. Additionally, development within the C designation is Permitted to maintain a maximum floor area ratio (FAR) of 1.00. -ne project's FAR is 0.24. _:e zoning designation for the project site is Regional (C-3). This zoning designationses permits a wide range (i.e. retail trade, services, fueling/service stations, repair/maintenance, auto sales, car washes, restaurants, The proposed project with the rethe psted is rmitted '-3 Zone. Generally, the followin9ug �r:oneuses and usespesi:round the Pr33ect site: to the north is the Burger King restaurai,-., _amonc Bar Honda (ealership, C-3 Zone ana the boundary for ::ity cf :r,s::rY; to the south is the Pomona (SR 60) Freeway; tr the east is Grand Avenae and boundary for the City of Industry; to the west is Old Brea Canyon Road and boundary for the Cityand of industry. The project site is also located within the City's Redevelopment Agency's Economic Revitalization Area. The applicant owns Parcel 1 (Diamond Bar Honda), Parcel 2 (Burger King restaurant), Parcels 3 and 4 which are the subject project site. However, the applicant leases Parcel 2 to Burger King. Diamond Bar. Honda, processed by Los Angeles County Regional Planning, was constructed in 1983. In 1989, the County began the processing of a fast-food restaurant (at that time McDonald's), Pq the expansion of the dealership, an automated car wash with gasoline service and a freestanding pole sign. Upon incor- poration, the City inherited the project from the County. After a series of public hearings, the Planning Commission approved the project on May 14, 1990. However, the project was appealed to the City Council and eventually approved on July 17, 1990. Between July 1990 and September 1992, the Commission approved an extension of time. Also in September 1992, the Commission'' approved an amendment to the project allowing a Burger King restaurant instead Of McDonald's. In March 1994,*revisions'to the existing pole signed were approved. The car wash facility was never constructed. ANALYSIS: CONDITIONAL USE PERMIT Pursuant to Section 22.58 of the Ci'--y's Development Code, a car wash facility and auto sales in the C-3 Zone requires a Conditional Use Permit. A Conditional Use Permit will be reviewed for the location, design, configuration and potential impacts (i.e. waste Product disposal, traffic, noise, hours of operation etc.) to ensure that the Proposed project will protect the public health, safety and welfare. A Conditional Use Permit iE within the Planning Commission's review authority. Through tne Zonditional Use Permit review Process, the proposed project be conditioned'a's appropriate to mitigate any potential that that the project may create. Vehicle services __ tenance/minor repair) and fueling stations -gasoline and are permitted in the C-3 Zone, by right. -a- wash facility will be open Sunday through Saturday from rr.. to 7:00 p.m. The car wash will have one shift with 12 e`-;__-_yees. The service bays will be utilized for the Honda 3e;:._ership by their employees. Waste oils and eighty-five of the wash water will be recycled. Soap products will --e z1odegradable. DEVELOPMENT REVIEW The City's Development Code establishes a Development Review process. The purpose of this process is to establish consistency wits "s the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping - environment. - and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. 3 Pursuant to the Development Review Section 22.48.020.A., an application for Development Review is required for commercial, industrial and institutional development, which involves the issuance of a -building permit for construction or reconstruction of a structure. Therefore t -he --proposed project, a commercial development involving the issuance of a building permit requires Development Review. Developmeint Review is within the Planning Commission's review authority. The f6llowing is a Comparison matrix of the City's min' mum required development standards and the proposed project's development standards. Setbacks: Minimum For Structures Front: 10 ft. landscaped setback; Sides: 0 ft.; Rear: 0 ft.; F1 Setbacks: Front: Parcel 3 - 10 ft. landscaped setback -Brea Canyon Rd.; Parcel 4 - So ft. (car wash tunnel to property line . adjacent to public right..;Of_ way) Sides: Parcel 3 - adjacent to north Property line - 40 ft. (to detail center); adjacent to the south Property line - 0 ft. (auto service bay); Parcel 4 - adjacent D-)rth Property line - IS lube center) * , adjacent to the south Proper,;y line - 0 _j't. (car wash tunnel); Rear: Parcel 3 - adjacent to the east property.line 5 ft. (detail center); Parcel 4 - adjacent to east Property line - 48 ft (to boutique sales area); Building Height: Building Height: Maximum height: 35 ft.; one story/35 ft. FAR: FAR: Floor.area ratio - maximum 1.00 Floor area ratio - .24 Parking: Parking: Full-service vehicle washing: 10 Applicant is providing a total of spaces; plus 27 Parking spaces with the: following breakdown: 10 spaces; ' plus 10 spaces for each wash lane for drying area; 13 spaces for the one wash lane; plus plus queuing area for 5 vehicles ahead of each lane exclusive queuing area could accommodate of fueling minimum 9 vehicles; area; Vehicle repair and maintenance: Vehicle repair and maintenance: 4 spaces for each service bay: 1 With 17 spaces remaining - space for each 2 employees on the largest shift; 6 auto service bays and 3 lube bays, the Code requires 36 parking, spaces; Parking Setback Adjacent to a street: Parking Setback Adjacent to a Street: Provide landscape planting strip between the street right-of-way The required 10-foot (same as and parking equal in depth to the front setback for the C-3 Zone) setback required by-the zoning landscape planting strip between district or 7 ft., whichever is the street right-of-way and the more; parking platform is not provided. anascapincL Landscaping: 154 of the site area; 15% of the site area; :.,tree for every eight psrkin spaces;trees No trees purposed within the shall be it planters Parking area; Located throughout the barking area; in order to be considered Trees purposes mainly around the within parking area, trees shall site's perimeter; be located in planters that are bounded on at least three sides by parking area paving; Architecture/Building Materials: Architecture/Building Materials: Code requires compatibility with the Non-specific; combination of surrounding area, style and materials that relate and enhance several different architectural the community character; styles; split face concrete block, scored/painted, glass block and stucco; Roof - flat, blue tile for tower; With regards to building setbacks, the proposed Project provides the minimum except at the Grand Avenue frontage, which requires a 10 -foot wide landscape strip for parking. The proposed buildings heights comply with the Code's maximum allowable height. However, the architectural style needs further design consideration. The City's General Plan, Development Code, Des . ign Guidelines and the 'Redevelopment Plan for the Economic Revitalization Area require the implementation of design and use standards which assure high aesthetic. and environmental quality, Provide ''unity and integrity to development, Protect and enhance the City's character while offering functional design and Promoting economic development. The Project site is an important area to the City in light of its location adjacent,to the freeway and Grand Avenue and the image it =reates or can create to those driving.'b,".. The City understands.thatthe Project site is also important to the applicant with regards to the Honda dealership's expansion and Providing Profitable land uses. Architecture The applicant has submitted three designs for the Proposed Project. The first (see exhibit) design submittal reflects architecture related to Art Deco/Art Nouveau. However, the City is looking to unify the existing development (Burger King and Diamond Bar Honda) with the Proposed project. While the City is open to creativity, this design does not unify the proposed project with the existing development. As a result, the applicant modified the design. The second (Exhibit "A") design submittal is the applicant's attempt to un-ify the proposed project with the existing development by utilizing a tower similar to the Burger King tower. On. Wednesday, April 20, 1999, the aPPlicent submitted revised eievat.:ons-tc) the second design submittal(Exhibit',,A-). When cr,mparing the first two submittals, it.appears*that the towers are 011 ' t Of Proportion and awkwa-7d in relationship to the buildings. In the second submittal (Exhibit "A"), the tower appears architecturally out of character with the design of the buildings. Simplifying the architectural details should be considered along with tying in the design concept through horizontal line and color. It . does not appear that either design has an overriding concept. Furthermore, the freeway facing elevation has a significant impact with the chance to create a strong image for Diamond Bar Honda and the City. The massing of this elevation should beminimizedmore effectively and softened. To soften this elevation, Cal -Trans, through an agreement with the applicant, may . allow landscaping and irrigation adjacent 6 to the project's property However, the landscaping perpetuity. line but on Cal -Trans property. and irrigation may not be there in The April 20, 1999 submittal is somewhat modified. Some of the modifications are an improvement such as the addition of fenestration on the tower and horizontal moulding. However, the modifications to the south (freeway) elevation may not be considered an improvement. This elevation still needs simplification, effective breaking -up and softening of'the mass and the deletion of the planter attached to the:' building as delineated in Exhibit "A" (second design submittal) may not be an improvement. It still is not clear where the colors represented in the materials board will be utilized on the buildings. The Planning -Commission packet exhibits include the proposed conceptual remodel design for Diamond Bar Honda. Also included is a -conceptual prototype design of Burger King's new image. If this new image is adopted, the existing Burger King restaurants will more than likely be retrofitted. The staff believes that the applicant should consider the design elements utilized in the Proposed Honda exterior remodel and perhaps the proposed Burger King remodel. Staff is looking for design elements that are homogeneous and cohesive. On -Site Circulation/Activities The proposed Diamond Bar Honda dealership expansion will be achieved through the six auto service bays, three lube bays and the display platforms. One display platform is located adjacent to Grand Avenue and will be construct through the utilization of an 18 -foot retaining wall. The othF�r DIatfirm is the roof of the six -bay auto service b,.,ilding, facing the Pciaona Freeway. These platforms will be utilized to display-npw cars. The project site is approximately 46,420 square feet. As previously stated, site activities include a full service car wash facility, three -bay lube center, six auto service bays, detail center, auto display platforms, parking and landscaping. Staff believes that the project site is not large enough to accommodate all the proposed activities. Staff has concerns about the logistics of on-site circulation. The applicant states that the dealership employees will bring vehicles to the car wash site for service. The employees will also escort Customers to the auto display platforms. Staff has asked the applicant to 7 provide an on-site circulation analysis verifying that the site, as designed, will accommodate the Proposed activities. Access The Proposed project's access points are at Old Brea Canyon Road and Grand Avenue. Entrance only to the project site will occur at the Old Brt*ia Canyon Road. Exit only from the project site will occur at Grand Avenue through the driveway currently':Utilized-by Burger King. Due to the sharing*of - this access point; 4 shared access agreement is required. Parkin As referenced in the development standards comparison matrix, the applicant provides adequate parking for a full- service car wash facility. However, pursuant to Table*3-10 of the ' Development Code, for -ach auto service bay four parking spaces are required, Plus adequate queuing lanes for each bay and one Parking space for each two employees. With a total of nine service bays (three for the lube center and six for the auto service center), it is required that 36 - parking spaces be provided. The applicant is providing 27 on-site parking space. With the 10 required parking spaces required for the car wash, 17 parking space remain. Pur- suant to Code, the parking is deficient by 18 spaces. As' previously mentioned and according to the applicant, the dealer -ship employees will bring vehicles to be serviced to the project site from the dealership site. Since the applicant owns all three sites, the applicant believes that the Burger King parking spaces can be also be Utilized for the car wash facility if necessary. Based on occupancy, Burger King is required to provide 42 on-site parking spaces. Fifty-one parking spaces are Provided. It may be Possible to share the parking. Therefore, staff has asked the applicant to provide a perking agreement that'includes all folir parcel and Bu,ger King. Additionally, according to the Los' Angeles County appro"7-;.l, the Honda dedlership provid,�3s 84 display -packing !---,)aces, 40 employee parking spaces and 14 customer parking spaces. Staff is requiring that the applicant demonstrate that sharing of parking spaces between all sites is feasible. Exterior and Parking Lot Lighting Exterior and parking lot lighting is being provided. A revised study/lighting plan is required for the City's review and approval. Lighting fixtures shall be architecturally compatible with the character of th6* surrounding development and energy efficient. The maximum height of Pole fixtures is 20 -feet and shall be equipped 8 with light shields thereby confining direct rays on-site. Spillover beyond the project's boundaries is not permitted. The level of parking lot lighting projected onto the any ground or wall surface shall be an average of between one and two -footcandles. The uniformity ratio (average to minimum) shall not exceed 6:1. It is required that lighting be on a time -clock or photo sensor system. Lighting fixtures are required to'have 90 -degree horizontal cut-off flat lenses. Lot Line Adjustment The applicant will also be processing a Lot Line Adjustment with the City's Public Works Division. Exhibit "A", page A- 7 delineates the lot line adjustment. The applicant proposes to move the east lot line, shared by Parcels 3 and 4, in a westerly direction, "hereby reducing Parcel 3 and enlaraina Parcel 4. The applicant also proposes to move the north lot line, shared by Parcels 2 and 3, 20 feet in a northerly direction. Itis required that all lot line adjustments be completed before the issuance of any City permits. Since Parcel 3 and 4 will not be merged, a reciprocal parking and shared access agreement is critical. Traffic A traffic impact analysis report is required for this project. The applicant submitted a traffic generation and distribution report to the City. The report, -dated November -/ 1999, was prepared by Associated Traffic Consultants. The report states that 1,140 trips will be generated by the proposed project with approximately 55 trips during the AM peak hour and approximately 217 trips during the PM peak ,lour. The applicant's report states that in order to determine the Project's traffic impacts on the existing operating conditions of the local circulation system a de',.ailed traffic study will he needed. Pursuant to " Traffic Engineer, Warren Siecke and the cit yF ; the s Deputy Works Directo-, the applicant will be required to supmit a detailed traffic impact study that addresses the project's traffic impacts on the existing conditions of the iocal circulation system. In the event that the proposed proDect has impacts on the local circulation system, appropriate traffic improvement measures will need to be identified and a strategy that implements them developed. The applicant will be required to pay their fair share cost of the appropriate traffic improvement measures. Curb and gutter exists along the Old Brea Canyon Road frontage, but a sidewalk does not exist. The applicant will be required to install a sidewalk, along this frontage, according to City specifications and with appropriate street l.-ghting. . 9 Grading The Project's proposed grading is a total of approximately 5,720 cubic yards with 2,860 cubic yards of cut and fill. The cut area is located on Parcel 4 adjacent to the proposed display platform. The fill area is dispersed throughout the rest of the Project site and the displayiplatform on, Parcel 4. Import or export of earth is not proposed. Landscaping Landscaping/irrigation is Proposed. The City's Development Code requires that 15 percent of the site area be landscaped and that the final landscape/irrigation plans be preparqd by a licensed landscape architect. As referenced in the comparison chart, The C-3 Zone requires that a minimum 15 percent of site area he landscaped. The applicant proposes to landscape 17 peraeL.- of the site area. Ab a unifying element the applicaLt proposes palm trees at the perimeters of proposed car wash, Burger King and Diamond Bar Honda dealership sites. However, the dedicated right-of-way for Grand Avenue is 100 feet. As a result, it appears that the planter area adjacent to the sidewalk At Grand Avenue is within this right-of-way. According to the City's Parks and Recreation Director, palm trees are not desirable City street trees. However, unifying the three sites through the addition of trees is acceptable. Furthermore, pursuant to the Development"Code, it will be required that the trees be added within the parking area. The applicant is required to submit a final landscape/irrigation plan for the City's review and approval Prior to the issuance of a building permit. The landscape pian shall include plant species, size, quantity and location. Additionally, the proposed project is required'to comply with the Cite'.; established Wat3r Eff!:cient Landscape Regulations and will .)t --,Plan checked accordirigly. "'rash Enclosure �t A trash enclosure is provided adjacent to the detail center. It is required that the enclosure accommodates a recycle bin. The applicant is required to submit a detail of the enclosure for the City's review and approval. Noise The project site is located adjacent to the Pomona Freeway and Grand Avenue, a major arterial. Existing noise con,, -Ours regarding to the project's location is 65 CNEL as reference in the General Plan. It appears from the project 10 application that the blower/dryer will be located 11 feet from the tunnel exist. The Project application indicates that the blower/air dryer will emit 74 dB at a 10 -foot distance. The City's noise standards allow the operating of a force -air blower in a tunnel car wash between the hours of 7:00 a.m. and 8:00 p.m. in a manner that does not exceed the 60 dj3A at any point on contiguous receptor property, five feet above grade level, no closer than three feet from any wall in a commercial/industrial location. The proposed project will be required to comply with the City's noise standards. Signage Signage is not a part of this applicant. Proposed signage will be reviewed at a later date. The existing pole sign will remair- as located on the site plan. VARIANCE Pursuant to Section 22.54 of the City's Development Code, a Variance is to -allow for an adjustment from the development standards of the Development Code. The adjustment may only be granted when, because of special Circumstances applicable to the property (i.e. location, size, shape, surroundings, topography, or other such condition), the strict application of the Code denies the property owner privileges enjoyed by other property owners in the vicinity and under the identical zoning districts. ne --%ardship created by the strict application of the Code can oe self-induced. -_=scant to Code, retaining walls shall not exceed a height of feet measured from the finished grade at the base of the The Director may approve additional height up to one foot tc varying topographical features. With a Minor Variance, 2 -rector malt". allow an increase in tae: height of retaining s up to eight J.eet, depending on to'_,)ographic constraints. T project applications include a Variama-e-request in order to construct an 18 -foot high retaining wall. According ding to the Building Official's interpretation, the proposed retaining wall is not an integral part of a structure. It is a stand alone wall. that retains earth, hence that Variance request. The proposed retaining wall is located(as delineated in Exhibit "A") 30 feet from Grand Avenues ultimate right-of-way. The purpose of the retaining wall is to create an auto display platform area at street level. Grand Avenue is at an elevation of approximately 700 feet' Adjacent to Grand Avenue, the project site's elevation varies to approximately 688 feet. Due to the site's topography, the 11 retaining wall will is necessary to raise this portion of the project site to street grade. The exposed 18 feet of the, retaining wall faces inward on the project site. In front of the wall is a raised planter, approximately four feet high. Landscaping material will be utilized to mitigate the wall's impact on the site. REVIEW BY OTHER DEPARTMENTS The City's Public Works and Building and Safety Divisions and t . he Los Angeles County Fire Department reviewed this project. Their recommendations will be within the draft resolution. CONCLUSION Staff is not opposed to this project. The project and projc_.ct site are important to the City. The City Looks forward to the development of the vacant parcels and the expansion and remodel of the Honda dealership. However, issues related to architecture, on- site accommodation of the proposed activities, traffic impacts and shared parking need to be resolved. The Planning Commission may wish to consider the following: continuing the Project's public hearing in order to give the applicant additional time to resolve the outstanding issues; or direct staff to prepare a resolution of approval with appropriate ccntitions; or deny 'the project. ENVIRONMENTAL ASSESSMENT: :----,-iant to the provisions of the California Environmental ty Act (CEQA), the City has determined that a Negative Declaration is re-,uired for this project:. According to C"QA Sec on 15070, Neative Declaration No. 99--3 has been pre.-'ared. The Neuative. Decli ration's review period begins April 5, and encs April 24, 19,19. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on April 5,1999. Public hearing noticesweremailed to approximately four property owners within a 500 -foot radius of the project site on March 31, 1999. Furthermore, the project site was Posted with a display board on April 5, 1999. 12 RECOMMMATIONS: Staff recommends that the Planning Commission open the public hearing, receive public testimony and continue the project's public hearing. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is. consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific Plans,community plans, boulevards, or planned developments); 2. The design and layout of the —Proposed development will not unreasonably interfere with tae use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the Proposed development is compatible with the characteristics of 'the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; y. 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 that will remain aesthetically appealing; 5. The proposed development Till not.be detrimental to the public health, safety or t,,,elfare or materially injurious (e.g. negative affect on Property values.ore resale(r) of property) to the pr'6perties 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). REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1. 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 Municipd:l Code; 0k 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 41. 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; 5*. 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 Pro,,ierty is located; and 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED VARIANCE FINDINGS: There are special circumstances applicable to the property (e.g., location; shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; Gran-ing the Variance is necessary for the pres . ervi_tti:in.and enDo,inent of substantial property rights Pcjsessed by other Propfrty owners in the same vicinity and zoning di7,tlicts and denied to the property owner for which the Variance is sought; Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the Public interest, health, safety, convenience, or welfare of the City; and 14 5. The proposed entitlement has been reviewed in I compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Aiin J. , AVi6 c i a t e Planner Attachments: Negative Declaration No. 99-3; 2. Exhibit "A" - site plan, floor plan,* elevations, preliminary landscape/irrigation plan, lighting plan and - colors/materials board dated April 27, 1999; Applications; y. Traffic analysis dated November 2, 1998, prepared by Associated Traffic Consultants; Response prepared by Warren Siecke and dated December 24, 1998 to traffic analysis dated November 2., 1998; Rendering of proposed exterior remodel of Diamond Bar Honda; First car wash -design submittal; Third car wash design submittal date April 20, 1999; and conceptual prototype for future Burger King restaurants and remodel. 15 CITY OF DIAMOND BAR COMMONRrY 'EvECOPMEWT DEPARTMM 21660 E. Copley Drive Suite 190 ('909).396-5676 Fax (909)861-3117 VARIANCE APMCATION Record Owner r Name M (Lan name East) AddressX16.65- cityi2owi w o f�A� AA A6A&Ii & - "rAC14DJIAA( AA M+taLr (Luc name first) Phoma(>_�9 5-9 Y 6630 Casa# FPL * Deposits Z •,o •• Re cipt# By Date Ret:'d Applicant's Agent (Last name fast) NOTE: It is the applicant's responsibility to notify the Community Development D r=tor is waiting of any change of the principals involved duriag the processing of this case. (Attach separate shit, if necessary, including names, addresses, and, sigaawrea of members of directors of corporations.) P�.joint vea4rrq,and Consent: I certify that 1 am the owner of the herein described property and pey� the appfimw to }:le this request. Signed (All record owners) Date Cerrificarion: 1, the undersigned, hereby Cert & under penalty of perjury that the ft{jbrmation herein provided is correct to the best of my knowledge. Prin: Name (Applicant or Agent) Signed -!�- (Applicant or Agent) L.ocanoo (Street add `.n or tract and lot number) Date 7/19—c r. between and 60f�'Gv V (Street) �) Zonmg C- 7 I V — P� t:- HMM Project Sire (gross acres) _:5�9 7-07 Project DensityA///4 Prtsvious Cases CUP ZV F, :3 -,7 Present Use of Site i//lt'„/, r Use applied for Dmesdc Wow Smw Mel ®fPu 64,1 C,c .oar D�sr. (Show ®f ca � eco LEGAL. DESCRIMON (All Aftwh 198W descrip on of 1 tet). If-g�ti�iadniag for �e ®f ;6jea to dss ) �� Project site:'1'`� Z Grote Am No. of Looe Area devoted to : Structures Open Spam Residential project-. and Gross i, -M !' No. of f icon Proposed Density Units/Acras Number and types of Units Residential Parking: Type A1/4 Required Provided Total Required Total Provided �/�Si7l c1D �i�2 �vct off" �5 /�,Sl Is AL -A .ZI. ..,. In addition to the in wmzdm:squired in the 90ks iM then apPliamt" abstantiste to the aatisf>aion of the Planning Co®issian, the following fisc: A. That the requested un at the locatim proposed wM not; 1. Adversely affea the health, pm=, comfort or welfare or persons msidmg or working is the sun evading srea, or 2. Be matmialty detrimental to the use, a ojoyment or valuation of property of other persons located in the vicinity of the site, or 3. , Jeopardize, andangcr or other win constitute a pomace to the public health, safety or general welf Lm B. That the proposed into is =Wpnft m mo and shape to accommodate the yards, was, fences, parting and loading facilities, landscaping and other development feat:res pre=ibed in this Ordinance, or as is otherwise :squired in order to integrate said use with the uses in the surrounding ars. C . That the proposed site is adequately 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would geaerate, and 2. By other public or private cervix facilities as ars required. D. That them are special cn=nD eWmcm or exceptional charactaiatics applicable to the property involved, such as sirs, Shape, topography, location or surroundings, which are not generally applicable to other propaties in the -- vicinity and under identical zoning claSeificatiaa. g.vadmm -my f�r the awk as dm posommed by Own= ®fpremwvgdm of -a mobooisfial M. ffi •ey ®f IE t F. ®f ntu j Y to &o public or be iajurarnm�c�.�. ishveaty . Variance Case. Burden of proof Site: 535 Grand Ave. A. the Project is consistent with uses allowed under current zoning codes. The nearest residential area is over one mile away. The car wash will be designed in a compatible theme using the latest in quiet and energy efficient equipment. The extension to Diamond Bar Honda's service area will be tricked in the back and screened from Grand Ave. by building. The on the roof&;;p-play area will help gain visibility fc_ a from 7 Honda 60 Freeway.he B. The Site is adequate to accommodate the proposed uses and will not adversely affect the surrounding area. C . The streets serving the Project are sufficient to handle the anticipated traffic. Primary access into the Site will be from Old Brea Canyon Road Grand Ave. with exit onto Because of primary daylight operating and on site recycling, Public Service facilities will not be adversely affected. The Site has an exceptional topographic characteristic which was caused by Grand Ave. being elevated to cross the 60 Freeway. Only this property was adversely affected. Other properties jr, the area were not affected by Grano Ave. being elevated. Ln order to use iris ;;ire's full potential. a retaining wall seeds to be co, ted. The granting of this Variance will not affect other property in the vicinity, nor will it be detrimental to Public Welfare. However, it will allow this Site to be developed to the same potential as other properfies in this area and zone. _ LXXk UB 1,1AMUNU J$AkL COMMUM2Z "IMMLOPMENT DEPARTMENT 21660 E. Com`' .ve Shite 190 (909)396-36i * Fac (909)861-3117 , CONDITIONAL USE PMltWr APPLICATION RecordOwner Applicant Name yiLrAiN11%jUR IESLt..t.. rACPDJ1AjJ MA CW (Last name first) (Lsst name first) Address— 4 i�5 cityDIAMO.410 13,44 ZiPCA. .9176s' Phone( :22Y 6&-Z 7i cA 9 175, Phone( ) 909 5"94/ 663z - Case X 9F'- 7 t=, FPL # PM ff--v6J Deposit S,,2 o0 0 Receipt# #ffAU by Asp Date Recd -7-3i_ 99 VAR- yq- a_ Applicant's Agent (Last name rust) Po �� 9oC�yo Istrone() NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, 11-1-A signatures of members of partnerships, joint ventures, and dircaars of corporations.) Consent: 1 certify that I am the owner of the herein described property and permit the apprrcartt to fik this request. Signe.( Date 7'"ef If (All record owners) Cer ticatwn: 1, the undersigned, hereby certify under penalty of perjury that the ir{fornration herein provided is correct to the best of my knowledge. l (Appli or- Agent) Xg� Date (Applicant or Agent) Lo,anon (Street address or tract and lot numbe._) Zoctnt Previous Cases-L-iro of}3 �, g/D�p GLJI9BG%�, Present Use of Site IIAC.Ah1 Use applied for %/r'/Ci%717oe17V 41VO 111n17— L4,1/11/2 Project Size (gross acres) Project density A//A Domestic Water Source t�vr'r.��.. Company/District Mk-Ahlr- A*.ZgTL1 I'4Z%7 6�/ Medwd of Sewap dbpoW Gndin,a of Lob by Apphc=V ya &.-, N. (show mamy pWm design an site plan or tent In addition to the information required is the application, the applicant " substantiate to the satisfaction of the Planning Commission, the following fids: A. That the requested uae at the location proposed will not: 1. Adversely affect the health, pence, comfort or welfare ofpersons residing or working in the surrounding area, or 2. Be materially de „nPnW to the use, eajoymeot or valuation of property of other persons .. located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health; safety or general welfare. B. That the proposed site is adequate in size and shape to =ammodate the yards, walls, fcum, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as'is otherwise required in order to integrate said use with the uses in the surrounding arca. S� 1T�Ic1-�wrc�rr5 C. That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to Cry thekind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. LEGAL DRS ox (all lcz) i, �i .rte/ /ter ` / Residential tgrossm Proposed., Parking Required Provided Standard Compact Handicapped Total _� G� (staff Uft) PROJECrNUMBER(s): A. GENERAL INFORMATION Project Applicant (Owner): Project Re;ffesentafive: NAM HAM ADDU13 ADDREM C C PHONEF 1. ' Action requested and project description; 16� zgc? PHOKE# 2. Street location of prcjc'-A: Al/is: 3a. Present use of site: r 3b. Previous use of site or structures:— %` /r 4. Please list all previous cases (if any) related to this project: Ztv F Z,--4 '5/az& t)-=- 9 " -C3 ( i) Omer related permitiapprovals required. Specify type and granting agency. Art you planning future phases of this project? Y If yes, =plain: 7. Projec, Area: Covered by structures, paving: Landscaping, open spa=: Z;c2 Total Area: 0,772? 8. Number of floors: 9. Present zoning: 10. Water and newer servi Domestic Public If yes, do purveyors bavt CRMdtY 1.0 meet dwnand of project and all other approved prbjecw. WSW iewers Q If domestic water or public sewers are not available, how.will them services be priiMidear A11A Residential Projects: 11. Number and type of units -- —A/ 12. Schools: What school districts). saves the property?_L/i�... Are existing school facilities adequate to meet project needs? YES NO I; not, what provisions will be made for additional classrooms? AV/ Non -Residential projects: 13. Distance to nearest residential use or sew—,ifive- use (school, hospital, etc.) 14. Num'uer &-.d floor area of buildings: 15. Numbcr of employees and shifts: t, 16. ]`Iaximum employees per shift: 17. Operating hours:�7-v 1 18. Identify any: End products Z%Z &),44#Aj I&A, Waste products_ktM__f_? Means of disposal _ /�L+ , �/� E5�r"�777�,1%as7t�t 15') 19- Do projec, operations use, store or produce ha=dous substances such qx-zadiciactive materials? as Oil, pesticides, chemicals., paints, NO If yes, explain 0 /1— 14 ('Cr—_4XJJAJ1fi— 44CW 1A.1 4-'rZ;l 20. . Do yaur aperatioms regaim ! pmumized IznW NO 4i221If yes, explain e Gy► c:0 1411-2- 21. . Identify any flammable, reactive or explosive materials to be located on-site. /1i7y 22. Will delivery or shipment trucks travel through residential arias to reach the nearest highway? YES NO " If yes, explain 1. Et3virotnmes►tal Se8taag �itojectSite .al b. Topographyialopes =L % v *c. Vegetation _A16( *d: Animals *e. Watercourses L Cultirrallhistoricalrzsowces ' g• Other 2. Environmental Setting — Surrounding Area a. Existing uses -12 des, densities): �40K/xlC. b. Topography/slopes 0 `c. Vegetation *d. Animals ldc) *e. Watercourses f. Cultural/historical resources -41p g• Other _ /UON 3. Are there any major trees on the site, including oak trees? YES NO If yes, type and number: 4. WM say uftW'wsft= .. •, =rhm flaw Wtteras, etc., be changed tht i projea development?: • YES NO If yes, explain: * nAswers an not . ,. required if the arca does not contain natural, undeveloped land. 5. Grading: Will the project require grading? � NO If yea, how many cubic yards? ' !/�;Y Will it be balanced on site? NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, explain: 7. Is the property located within a high fire hazard arra (hillsides with moderately dense vegetation)? YES NOS Distance to nearest fire station: Ort% n4jL-( Noise: Existing noise sources at site: /�� Al Noise to be generates by project: _1 til W l G14,q L. 9• Fumes: Odors generated by project� A100 t Could toxic fumes be generated? /(1 (� 10. What energy -conserving designs or material will be used? CER CA1?OW Ihu. „ c tomin fiunid, ad abaftn• yaftsclied. exImibits pmmt 'on mpired for dais initial m1mum to the best of crazy ability, and that the £acts, amennnts, and infonamkpzmcnted=rW to tine best of my knowledge and belief. 74 Date si For. r# :zzr t. C.U.P. Burden of Proof Site: 535 Grand Ave. A. The Project is consistent with uses allowed under current zoning codes. The nearest residential area is over one mile away. Diamond Bar Carwash will be the only carwash in the city and will be designed in an Art Deco theme .using the latest in quiet and energy efficient equipment The extension to Diamond Ear Honda's service a►ea will be tucked in the back and screened by buildings from Grand -Ave. The on the -roof display area will help gain visibility for Honda from the 60 Freeway. B. The site is adequate to accommodate the proposed carwash and service bay extension and will not adversely affect the surrounding area. Please see the Site Plan. C. The streets serving the Project are sufficient to handle the anticipated traffic. Primary access into the Site will be from Brea Canyon Rd. with exit onto Grand Ave. The circulation is such that the entrance and exit do not interfere with each other. Because of primarily daylight operat- ing and on site recycling public service facilities will not be adversely affected. CUT OF DIAMOND BAR COD+1rN UNrrY T ELOPA ENT DEPARTMENT 21660 E. Copley ...We Suite 190 (909)396-5676 FAX (909)861-3117 ]DEVELOPMENT REVIEW APPLICATION Record Ow�n�er ' ' ^ Name & -AWt IOl%t' KlI L.LL� (Last namr, first) Address—?, yi07J� CitYJ)J1* 1.aw0 3Z.. zip__ .& 5' Phone( ) 909 6-9`i 6632 Applicant Ti�c��7.J��itl (Last name name first) X1655' CA 9 176 S Phone( )69 ��i 6632 case#%2. FPL # Deposit S A Rewipt# &Q40 By sac.. Date Reed Applicant's Agent t3iLc- (Last name fast) Phone( 16 2 / 3, (16 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case.- (Ar-ach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, ar l directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request. Signed '�� (All record owners) Date Cel`4.5=tior.: I, the undersigned, hereby certify under penalty of perjury that the information herein protzded is eorrec, to the best of my knowledge. _ Applica Agent) _ S i Date 7- (Applicant or Agent) kation ?719 --Cal (Sc-= address or tract and lot number) —�—" orun� " /P/2 HNM Previous Cases L (JV? Z Present Use of Site �/fICx1 T Use applied for I')1oU/r 1G4T%,0.— ]Zi X /Si /�✓,— L�G�t� �jiZ. �i�j2 �% l�` 141f '�I' � __� Legal tion (all -ar —aiing dw proposed lot( s)) Area devoted to structures — 1�;I1%C6-z: Lsndsmping/Open space c�---./ Project Size Lot Coverage 19 G U Proposed density (Units/Acres) Style of Arciutecture I r�SGi1 Number of Floors Proposed / Slope of Roof /L...,4 7— Grading Grading Y�S If Yes, Quantity Cut _ �jf�l lti(°L' Fill_ gh'�q L' L Import A/0 If.yes, Quantity Export If yes, Qu2ndty M r .1� TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner SUBJECT: Conditional Use Permit No. 98-7, Development Review No. 98-12 and Variance ' No. 99-2 for Diamond Bar Honda Car Wash located at 515 South Grand Avenue DATE: June 14, 1999 On April 27, 1999, the referenced project was pre'sented to the Planning Commission at a public hearing. At that time, the public hearing was opened; public comments were received; and the public hearinc, was coi,tinued to May 11, 1999. Pursuant to the appli;-.aat's request, the public hearing was continued to May 25, 1999 and? June 8, 1999. The continuances allowed the applicant additional time to address issues discussed at the April 27, 1999 Planning Commission hearing. The applicant did submitted the information required addressing the outstanding issues, but not in time for staff to review and submit a staff report for the June 8, 1999 continued public hearing. Therefore, pursuant to staff's recommendation, the Planning -ommission continued the referenced project's public hearing to rune 22, 1999. The following discussion relates to the issues discussed at the 27, 1999 public hearing. ARCHITECTURE The architectural -style is basically the same as the. third submittal the Planning Commission received on April 27, 199.9. However, on the -south elevation (facing the freeway), the pAi.aater with tree "Honda" sign above was deleted. Staff recommends that this feature be added back to assist in minimizing (break-upandsoften) the massing of this elevation. However, it is this elevation that will have a significant impact on the City's and Diamond Bar Honda's image. It is recommended that the applicant consider further simplification and refinement of this elevation's design elements. The current elevations (see attachments) changes the tower's roof material from concrete tile to blue sheet metal. It is anticipated that this roof material and color will begin to link the future Diamond Bar Honda remodel and new Burger King image under consideration with the proposed Diamond Bar Honda car wash. . 1 Landscaping Landscaping and irrigation are proposed. The applicant proposes to utilize landscaping, with palm trees along the perimeters of the proposed car wash, Burger King and Diamond Bar Honda sites, as the means to unify development. However, the dedicated right-of-way for Grand' -Avenue is 100 feet. As a result,- it --appears t - h at .- - the planter area adjacent to the sidewalk at Grand Avenue is within the City's right-of-way. According to the City's Parks and Recreation Director, palm trees are not desirable City trees.. The appropriate tree species can be decided with the assistance of the Park's and Recreation Director and the -City's landscape consultants. However, unifying the three sites through the use of trees is acceptable. Furthermore, pursuant to the Development Code, it will be required that four trees be added within the parking area. Trash/Recycle Bin Enclosure A trash enclosure . J Is Provided adjacent to the -detail center. it is required that the enclosure accommodate a* recycle bin. The applicant is required to submit a detail of the enclosure incorporating standards as required in the Development Code and the City's Design Guideline. Noise The project Site is located adjacent to the Pomona Freeway and Grand Avenue, a major arterial. Existing noise contours, as referenced in the General Plan, at this location are 65 CNEL. From the project application it appears that the blower dryer -will be _cza--ed approximately 11 feet for the tunnel exit. The proect a: -=' kation and the noise specs submitted indicate that 'the z:_-_,er/biower will emit 74dB at a 10 -foot distance. A site plan ,see attachment to noise analysis) delineates noise levels at 10- fcc-_ intervals with 60 dB 60 feet from the tunnel exit. According ':Ic the noise analysis, these noise levels are with a sound baffle box. Consideration should be given to: Concrete block walls (which will a1sc baffle sound) prol DseJ at the perimeter of the tunnel exit; jev,,elopment is below tl.e grade -of Grand Avenue; and the fact that -L-ne project site is lucated adjacent to the freeway and a major arterial. The City's noise standards allow the operation of a force -air blower in a tunnel car wash between the hours of 7:00 a.m. and 8:00 p.m. in a manner that does not exceed 60 dBA at any point on contiguous receptor property, five feet above grade level, no closer than three feet from any wall in a commercial/industrial location. The proposed car wash will be required to Comply with the City's noise standards. M Exterior and ParkingLotLighting Exterior and parking lot lighting is being provided. A study/lighting plan is required for the City's review and approval. Lighting fixtures shall be architecturally compatible with the character.of the surrounding development and energy efficient. The maximum height of pole fixtures is 20 feet. Lighting fixtures shall be equipped with light shields, thereby confining direct rays on-site and reducing glare so that neither the light source nor its image from a *reflective surface shall be directly visible for any point, five feet or more beyond the property line. Spillover beyond the project's boundaries is not permitted. The level of parking lot lighting projected onto the any ground or wall surface shall be an average of between one and two footcandles. The uniformity ratio (average to minimum) shall not exceed.6:1. It is required that lighting be on a time clock or photo sensor system. Lighting fixtures are required to have 90 -degree horizontal cut-off flat lenses.. It is believed that the reference measures will reduce light and glare in a marner that does not blind drivers and increase the potential for accidents in the area. Parking/Access Agreement The applicant Provides adequate parking for a full-servic'e car wash facility. However, pursuant to Table 3-10 of the Development Code, for each auto service bay four parking spaces are required, Plus adequate queuing lanes for each bay and one parking.space for each ' ch two employees. With a total of nine service bays (three*for the lube center and six for the auto service center), it is required that 36 parking spaces be L-rcvided. The applicant is providing 27 on-site parking space. the 10 required parking spaces ;--reired for the car wash, 17 zrKlng space remain. Pursuant to Code,quthe parking is deficient spaces. As previously mentioned and according to the a:--:;_icant, the dealership employees will bring vehicles to be serviced tc- serviced tc, the project site from the dealership site. Sinc.e the applicant owns all three sites, the applicant beiieves th-.t the Burger King parking spaces can be also be u--Ilized fcr the car wish faciiity if necessary. Based on occupancy, Burger King is re qu.Lred to provide 42 on-site parking spaces. Fifty-one parking spaces are provided. It may be possibie to share the parking. Therefore, it will be required that the applicant obtain and record a reciprocal parking agreement that includes all four parcel (car wash project, Diamond Bar Honda dealership and Burger King). Additionally, according to the Los Angeles County approval, the Honda dealership provides 84 display -parking spaces, 40 employee - parking spaces and 14 customer parking spaces. 3 The Proposed project's access points are at Old Brea Canyon Road and Grand Avenue. Entrance only to the project Site will occur at the Old Brea Canyon Road. Exit only from the Project site will occur at Grand Avenue through the driveway currently Utilized by Burger King as ingress and egress. Due to the sharing of,this access point, the aPplicant-_.will be required to obtain and record a -shared access agreement. Pedestrian Access The proposed project .site plan does not delineate a pedestrin' access for the Burger King site. Pursuant to the COMMission'as direction, the applicant will be required to provide such an access for the City's review and approval. Traffic On June 2, 1999, a tra:.`fic impact stui Y Prepared by ted Traffic Consultant and dated June 1, 1999 war;submitted tothe Assoc:' City. The City reviewed the study. On June 14, 1999, a vised 1999 m traffic impact study dated June 10, On June 16 and 17, 1999 was submitted to thereCity. ore revisions were submitted to the City. The revised study indicates that the proposed project is expected tc w�t, generate a daily total of 504 trips (252 inbound, 252 Outbound) approximately 34 AM peak hour trips (20 inbound, 3.4 Outbound) ant approximately 49 PM peak hour trips (25 inbound, 24 Outbound). include 324 for the car wash, 90 for the -_:-iree-stall lube center and 90 for the six -stall auto care center. n ancillary uses are not expected to generate additional trips. average expected daily and peak hour trips have been estimated based on info ' generated by this of Transportation Engineers, rmation provided in the -7- - - (ITE) Manual, ""Trip 2�;�--ion, 6th Edition, Published January, 1997 and from the San _ec,_ Association of Governments, (SANDAG) publication "'Trip �Senerazors Manual". Because of the unique quality of -the proposed Ca_- wash, the trip genera4l.ion for thLi facility Lase-- on actual vol was calcu iated umes-Su sl Pplied by -c_Ir wash operators .'ai six yr.1.1, ar facilities. The--2arly estimates frtM the fac�.!!ties were averaged Six Sil Alar --aAnd the averarle divided (ADT 65 da:,s to Ca,cuiate an estimated one way average daily total (ADT). The ADT was obtained by multiplying the one way ADT by two. Fou-- key intersections were analyzed (Grand Avenue/SR-57/SR-60 westbound ramps; Grand Avenue/SR-57/SR-60 eastbound ramps; Grand Avenue/Golden Springs Drive; and Grand Avenue/Diamond Bar Boulevard). The analysis includes existing operating conditions of the local street system; cumulative traffic impacts related to six projects within Gateway Corporate center and two projects in the City of Industry, and a one -percent Per year traffic growth -factor. 4 The traffic impact analysis also includes two additional projects within the City of Industry, completed in the year 2015. Mitigation measures identified for the year 2000 (project opening) are none. For the Year 2015, it was identified that the project traffic will have an impact (by definition) on one key intersection analyzed." The traffic impact study recommends Mitigation measures as follows for Grand Avenue/SR-57/SR-60 westbound ramps: -, 1. Provide an additional right -turn lane on the off -ramp, resulting in -two right -turn lanes; 2. Provide an additional left -turn lane on the off -ramp, resulting in two left -turn lanes; and 3. Provide an 'additional through lane on the northbound approach to Grand Avenue, resulting- in three through lanvs. The analysis recommends that the project contribute a "fair'share" (1.42%/ $7,244) towards the mitigation cost of the traffic improvement measures. Air Quality The City has been working with South Coast Air'.Quality Management D ,--,szrict (SCAQMD), California Environmental Quality Act (CEQA) Sec�ion regarding air quality related to operations and ccns:ruction emissions. The Air Quality Handbook does not list use= specific to this project in regards to calculating cDera�ion and construction emissions. Therefore, similar uses u!ilized for the calculations of ROC, NOx, CO, and PM10. In case, a fast food restaurant with a drive-thru is the use related to a car wash due to the queuing of vehicles. The remaining uses appear to be closely related to retail/small shcpping center. Chapter 9, Table 9-7 was--Utiiized for the operaion emissions calculations and Tanle �9-1 for construct -ion emission calculations. The emissions s-Lign-f-Ti6ance.thresholds U�_-Iize.d are in Chapter 6, pages 6-2 and 6-4. The calculations indicated that the operation and construction emissions do not reach a level of significance. Each use was calculated separately. The reality is that one trip will be for multiply uses and the site's construction for each use will be done simultaneously. Calculated each use separately causes the emission levels to be higher than they may be in'actuality. Additionally, this proposed project is consistent with the General Plan. Therefore, consideration should be given to the fact that the General Plan's Environmental Impact Report considered the project site's development and emission related to it. As a result, it can be assumed that emission has already been considered. Water Hydraulic and Hydrology calculations dated was June_3,19991- by Tritech Associates Incorporated submitted to the CiPty onrepared June 11, 1999. The study is based on a 25-yea'r rainfall.- The calculations indicate a 7.858 cubic feet'per second of future surface run-off from the proposed development Plus run-off'from other sources (i.e., freeway). The existing storm drain"has the capacity to accommodate 10.503 cubic feet per second of run-off from the proposed development and other sources. Therefore, the existing storm drain can accommodate the expected future surface run-off for a 25 -year rainfall. The Proposed Project is less than two a.cres and will cause less than two acres of run-off. The change In. the volume O_` water due to the Proposed development, at most, ii expected to bt; about 1/2 cubic feet per second. This amount is considered minimal. Therefore, it is not anticipated that the Diamond Bar Creek, San Jose Creek and -the San Gabriel River will be significantly effected. Hazards The project site is located within an urbanized area but adjacent !�c hillside within the City of Industry. The hillside is utilized for grazing. Due to the grazing, the hillside is a pasture area ccnsisting of grass approximately three to four feet high'and not a:� area that could be referred to as wildlands. Therefore, this ---side area does not have dense vegetation. This hillside may be prone as any other hillside within the area. However, due to ane iac.k of dense vegetation and that a fire station is located one from the hillside area (with a response time of 45 seconds to one minute), the risk Of wildland fires - is not likely. hl contamin-nts (i.e., waste oil, antifreeze, asbestos etc be collects and stored in 50-gallan steel* drur. . 6 Ome contaminants will be processed through an on-site, Aquaworks cool- cieaning solution filtration. Bi -weekly the contaminants -will be collected by Asburry Environment. referenced Underground gasoline tanks will meet all environmental requirements. The appropriate tank lining, secondary containment, required ground attachments, appropriate mechanisms, lines and monitoring devices for leaks, fuel levels and dispenser pump pads will be provided. 0 LAND USE West of the project site is Old Brea Canyon Road and boundary for the City of Industry. This area of the City of Industry, although utilized for grazing, is zone "M"- Industrial. This zoning designation- permits warehousing, manufacturing and large commercial. As such, the proposed project with its uses will be compatible with the City of Industry's zoning designation. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative Declaration No. 99-3 has been prepared. The Negative Declaration's review period bag�.-,n April 5, .1999 and ende-4 April 24, 1999. Pursuant to CEQA Section 15164, Addendum to Negative Declaration No. 99-3 has been prepared. Further public review is not required. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 98 -7, -Development Review No. 98-12, Variance No. 99 - Negative Declaration No. 99-3 and Addendum to Negative -,e::-ara--ion No. 99-3, Finding of Fact and conditions as listed witWinn the draft resolution. Attachments: Draft Rj�sblQtion; 2. Planning Commission Sta'-'f Report dated April 15, 1999; Revised Elevation for E.-.hibit "A" dated Baine 22, 7999; 4. Noise Analysis dated July 12, 1996 and project sound level map; and 5. Addendum to Negative Declaration No. 99-3; 7 A. B 'PLANNING COMbaSSION RESOLUTION NO. -99-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-7, DEVELOPMENT REVIEW No. 98-12, -VARIANCE NO. .9.9-2, NEGATIVE DECLARATION No. 99-3 AND ADDENDUM TO THE NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A CAR WASH WITH A RETAIL SALES "BOUTIQUE, THREE -BAY LLME. CENTER, DETAIL CENTER WITH OFFICE, SIX -BAY AUTO SERVICE CARE CENTER, THREE FUELING PUMPS AND TWO PLATFORMS TO DISPLAY NEW CARS. ADDITIONALLY, THE PROJECT INCLUDES THF CONSTRUCTION OF AN 18 -FOOT HIGH RETAINING WALL. THE PROJECT SITE IS LOCATED AT 515 S. GRAM AVENUE, (PARCELS 3 AND 4 OF PARCEL MAP 15625) DIAMOND BAR, U-LIFORNIA. RECITALS. The property owner/applicant Mathew Tachdjian Of Col -Am Properties, LLC has filed an application for Conditional Use Permit No. 98-7, Development Review No. 98-12, Variance Nc. 99-2 and Negative Declaration/Adde'ndum No. 99-3 for a Property located at 515 S. Grand Avenue, Diamond Bar, -os Angeles County, California. Hereinafter 'in this -�esciuzion, the subject Conditional Use Permit, Development ;review, variance and Negative Declaration/Addendum shall be referred to as the "Application". April 27, 1999, the Planning Commission of the City of --azynond Bar conducted a duly noticed public hearing. on the Application. At that time, the Public hearing was opened, Public comments were heard- and t -`-ie,' public hearing was continued to May 11, 1999. The ,LPuhl.;"'c hearing :was again zcninued to June 6, 1999, and June 22,* 1-9�9. Nc:ilfication of the Public hearing for this project. was provided in the San Gabriel Valley Tribune and Inland Valley Bulletin newspapers on April 5-,1999. On March 31 7999, public hearing notices were mailed to -approximately four' property owners of record within a 500-footradius of the project. Furthermore, on April 5, 1999, the Project site was Posted with the required display board. Resolution. NOP,',- 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 Initial Study review and Negative Declaration No. 99-3 have been Prepared by the"City of Diamond Bar in compliance with the requirement of the California Environmental Quality Act (CEQA) and, guidelines Promulgated thereunder, pursuant to Section 15070., Pursuant to 'CEQA Section 15164, Addendum to Negative Declaration No. 99-3 has been prepared. Furthermore, Negative De'claration No. 99-3 reflects the independent judgement Diamond Bar. of the City of 3. The Planning Commission hereby specifically and determines that, having considered the record asfinds a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned tipon,th6 proposed project set forth in the applic"tion, there is no evidence before this Planning commission that the Project proposed herein will have the Potential of an effect On wild life resources or the habitat upon whichadverse 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. Based on the findings and conclusions set forth herein, this F-ianning COMItission hereby finds as follows: The Project relates to a rectangular -shaped vacant . lot, consisting of two parcels (Parcel 3 - approximately 36,350 square feet and Parcel 4 - approximately 10,070 is square feet) approximately 1.06 acres. The Project site basically denude of vegetation with existing walls adjacent to the north and south property lines and within eastern portion of the project site near Grand Avenue. The project site's topograpi-v begins at an:. elevation of approximately 699 ieet, at !3'rand Avenue an,' slopes down tc Old Brea canyon Road to -.n elevation of approximately 677 feet. food easements for Los Angeles County controlparcels andcontain storm dna-,n and Southern California Edison. 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 the establishment of freeway -oriented, and/or community. commercial uses. retail and service Additionally, development within the C .designation is permitted to maintain a ratio (FAR) Of 1.00. The project's maximum floor area Ct's FAR is 0.24. 2 (c) The project site is within the Regional Commercial (C-3) Zone- This zoning designation Permits a wide range of uses (i.e. retail trade, services, fueling/service stations., vehicle repair/maintenance, auto sales, car washes, restaurant's, etc.) (d)- Generally, the following zones and uses surround the Project site: To the north is the Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and boundary for the City of Industry; to the south is the Pomona (SR -60) Freeway; to the east.is Grand Avenue and boundary for the City of Industry; and to the west is Old Brea Canyon Road and boundary for the City of Industry. The project site is also located in the City's Redevelopment Agency's Economic Revitalization Area. (e) The Application request is to construct an automated hand car wash facility that consists of the following: A wash -tunnel of approximately 2.402 square feet; retail sales boutique area, approximately 2,089 square feet; thrae-bay lube center, approximately 1,140 square feet; detail center with'office, approximately 1,467 square feet; six - bay auto service center, approximately 4,150 square feet; three fuel dispensers; vacuum and queuing and drying areas; two platforms to display new cars; and retaining wall with a maximum height of 18 feet. Additionally, the display Platform and six -bay auto Service center will be an expansion of the Honda dealership. DEVELOPMENT REVIEW The design and layout of the Proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boule,,,a:zds or p).-anned developments). The proposed project provides for the . establishme-it of service and retail uses that are consistent with the General Plan's Regional Commercial land use designation. Pursuant to the General Plan and as amended herein, the proposed project will yield a pleasantenvironment for those working and visiting the car wash . facility through its design, use of materials and colors, landscaping that will offer a variety of plant species and adequate on- site parking with the required recorded reciprocal parking and access agreement. (9)' The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring 3 existing Or future development and will not create traffic Or Pedestrian hazards. The Proposed Project is within the Regional Commercial Zone, which permits the proposed uses. The proposed Project is located within an established commercial development at the boundary of the City. The proposed development's design --(as amended herein) and layout will unify and -integrate the proposed• development with the existing adjacent development. Additionally, as referenced in the traffic impact study dated June 10, 1999, prepared by Associated Traffic Consultants, ' the proposed Project will not create traffic or 'pedestrian hazards. (h) The architectural design of the Proposed development is compatible - with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive, development contemplated b Chapter 22.{48.20. Development Review standardsy , City Design Guia*elines and the City's General Plan. As also referenced in Item 4. (f) above and W below, the Proposed project will be consistent and compatible with the architectural design, materials, and colors of the commercial development within the area. Therefore, the Proposed Project will be compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review requirements, Design Guidelines and General Plan. The design of the proposed development will provie 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 if:_,_ve_, 'Of maintenance. As referenced in the above findings, gs, the proposed project, as amended herein, will provide a desirable environment for Its Occupants and visiting as well as its neighbors through good aesthetic usePublic of materials, texture and color that will remain aesthetically appealing. The construction materials 'concrete block, glass and metal will retain a reasonably adequate level of maintenance. y (j) The Proposed development will not be detrimental to Public health, safety Or welfare Or materially injurious (e.g. negative affect on property values or resa-le(s) of Property) to the Properties vicinity; and Or improvements in the. 4 Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department, requirements. The referenced agencies, involvement will ensure that the proposed development is not 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); Pursuant to the provisions of CEQA, the City has determined that a Negative Declaration is required for this project. According to CEQA Section 15070, Negative -Declaration No. 99-3 has been prepared. The Negative Declara�ionls rNview period began April 5, 1999, and ended April 24, 1999. Pursuant to CEQA Section 15164 Addendum to Negative Declaration No. 99-3 has been prepared. The revisions indicate that the Proposed project will not have a significant impact. Therefore, further public review is not required. (1) The Proposed project will be in substantial Compliance with the adopted Economic Revitalization Area. The Proposed project is located within the Economic Revitalization Area. The proposed Project is consistent with the Economic Revitalization Area Plan in that it.: Implements the General Plan's Policies, goals, objectives and strategies. Additionally, the Proposed project provides_ an opportunity for retail and other, non- residen7lal conmercial uses: promotes: the, economic development of -the Project' Area by providing an attractive, we]. 1 --serviced, we 1 .1 -protected environment for all residents .and visitors; promotes local jot. opportunities; and as amended herein will implement design and use standards that assure high aesthetic and environmental quality, and Provide unity and integrity to developments within the Project Area. CONDITIONAL USE PERMIT (m) The Proposed use is allowed within the subject zoning district with the approval of a Conditional ''Use Permit and Complies with will other applicable Provisions of the Development Code and the Municipal Code; 5 Pursuant to Tables 3-10, the PrOPOS.ed uses are either permitted with a Conditional Use Permit or permitted by right within the C-3 Zone, As conditioned and amended the proposed uses will applicable provisions Of the Dcomply with all other Municipal code. evelopment Code and the (n)- The PrOPosed*-use-j- s consistent with the General Plan and any applicable specific plan; % There -is no specific Plan for the project area. AS referenced in Item (f) above, the Proposed Project is consistent with the General Plan. (0) The design, location, size and operating characteristics of the Proposed use are compatible with the existing and future land uses in the vicinity; .As also r-!ference.:i in IT -am .4. (21--) and (i) above, the Proposed project, as amended*herein,-will be and compatible with the arch'iteCtural design, consistent Mate, and colors of the commercial development within therialsarea. The Project site is adequate in size to accommodate the Proposed Project, as amended herein, with the.requirement that the applicant obtain and record a reciprocal parking and access agreement. Operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Permit Process. Use :P The subject site is physically suitable for the type and density/intensity of the use being Proposed including access, Provision adjoining Of utilities, compatibility with const .- land uses, and the absence Of physical raints; As referenced in Item Nj) above, the subject site ite is su-it:ab;e to thc-.-proposed Project. Access has been rellie,,,,ed il, a traf,' impa..*t study prepa* Associated Tra-119i- Consu�- reffbc tants. ar,d the City's tra engineer/Public Warks Division. The adequate. Utilities are existing and as access was deemed quired in the re conditions of approval, the proposedes. project will be able to hook-up to existing utiliti Items (f) , (g) , As referenced above in (n) , (m), (n) , and (0) Proposed project will be compatible with adjoining, landthe uses. As Proposed, the proDect is absent physical constraints. (q) Granting the Conditional Use Permit Will not be detrimental to the ' public interest, health, safety, convenience, or welfare, Orinjuri .-e- , Ous to persons,.. Property, O I.MPI:Ovements in the vicinity and zoning" district in which the property is located; 6 As amended herein, conditioned, and with appropriate permits and inspections,,the granting of 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. VARIANCE (r) There are special circumstances applicable' to the Property* (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and on -self created, hardship or regulation which-- make it obviously ..:,;MPracti-L_'-aJ-to require compliance with the development standards, - The Variance' is. related to an 18 -foot high retaining wall, which will support a display -platform for cars (extension of the Honda dealership) adjacent to Grand Avenue. Grand Avenue is at an elevation of approximately 700 feet. Abutting Grand Avenue, the project site's elevation varies to approximately 688 feet. Due to the site's topography and the desire to bring a*'Portion of the proposed development UP to street' level (which is common for most commercial development w_,thin the City), the 18 -foot high retaining wall is needed. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners ill -the. saae vicinity and zoning district and denied to tne property owner for which the tiIariance is sought; A -s referenced in Item (r) above, granting the Variance is necessary for the preservation and enjoymentof substantial property rights Possessed by other property owners in the same vicinity and zoning district and denied to the Property owner for which the Variance is sought; Granting the Variance is consistent with the General Plan and any other applicable specific plan; The proposed retaining wall is consistent with the General Plan in that it allows for the expansion the Honda dealership by.provid.,,.ng a platform area for display 7 of cars. This display area will assist in minimizing sales tax leakage to other cities that have auto malls. The granting of the Variance allows further development of a business in a manner that takes advantage of freeway visibility as referenced in Strategy 1.3.2 of the General Plan. Furthermore, the granting of this Variance exp the Honda dealership, thereby retaining and expandingands an established business as referenced in Strategy 1.3.4. Therefore,.granting the Variance is consistent with the General Plan. The Project site is not within a specific plan area. .(u) The proposed entitlement would not be detrimental to the Public interest,' health, safety, convenience, or welfare of the City; As referenced in Items (h), (i), (j) and (q) above, the Proposed entitlement would not be detrimental to the ..public interest, health, safety, convenience, of the City; Or w=-lf are 5. Based on the findings and conclusions set forth above, the Planning commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to grading site plan, plan, floor plan, elevations, . landscape/irrigation Plan, final exterior and final lot lighting plan/study and colors/materials, oa collectively labeled as Exhibit "A" dated June:22, 1ggg,d as submitted and approved by the Planning Commission, as amended herein. 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 herein. The removal granted of all trash, debriF, and refuse, whether during or subse-Tuerit to construe ion shi-11 be done only by the Property,o' .. wner, a Permitted waspplicant. crby -'I duwaste contractor, who has be6n -authori;ed by he city to provide cciic-ction, transp-irtation. 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 L waste contractor utilized has obtained Permits from the City of Diamond Bar to provide such services. (C) Before the issuance of any city permits, shall submit a final landscape/irrigation the applicant delineates plant species, sizey and -location, Plan that , quantit for the City's review and approval. The final landscape Plans shall also include tree species and* by the City, size approved utilized as a uniforming element that ties - 8 together the proposed development with the existing development. Any existing landscaping that has died or is destroyed during construction shall be replaced matching the existing landscaping. Additionally, the final landscape plan shall delineate the four required trees within the parking area. Said trees shall be a minimum size of 36 -inch box. The landscape/irrigation plan shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly. All* landscaping and irrigation shall be installed prior to final inspection. (d) Before the issuance of any City permits, I the applicant shall submit an exterior lighting plan/study for the City's•review and approval. Lighting shall comply with all applicable Development Code standards. (e) All roof -mounted equipment shall be screened from public view. (f) Prior to the issuance of a building permit; the applicant shall submit a final detail of the trash/recycle bin enclosure for the City's review and approval. (g) Proposed retaining wall shall not exceed 18 feet' in height. (h) Prior to the issuance .of any City permits, the applicant shall delineate pedestrian access from the car wash site to the Burger King restaurant site on a revised site plan for the City's review and approval. The Proposed project shall comply with the City's noise standards. The car wash force -air blower shall be operated only between the hours of 7:00 a.m. and 8:00 P.m. and in a manner that does not exceed 60 dBA at any Point on contiguous receptor property, five. feet above grade ie%,'1_I, no. closer than three: feet from any wall in a commecciai/industrial location. Prior to the issuance of any City permits. the applicant shall obtain City approval for and shall record the proposed lot line adjustments. (k) Prior to final inspection/occupancy, the applicant shall pay their "fair -share" (1.42%/ $7,244) of the installation of the following traffic improvements measures as required by the Deputy Public Works Director and Cal -Trans: (1) Grand Avenue and SR-57/SR-60 west'' b6un : d ramp: Provide an .additional right -turn lane and an additional left -turn lane on the off ramp resulting in two left -turn and two right -turn lanes; and (2) Provide an additional through -lane on the northbound approach of Grand Avenue resulting in three through lanes. (1), shall Prior to the issuance of any City permits, the applicant ....alsubMit a complete --grading plan in accordance with the City's grading requirements -for the City's review and approval. The grading Plan shall': (1) Be signed/stamped by a civil engineer, geotechnical engineer and geologist as required; : (2) Delineate the Proposed and . existing topography; (3) Delineate finish surface, finish grade, flow lines, top Of wail, bottom of wall, bottom Of footing and finished surface for Proposed retain:.ng walls; (4) Delineate proper drainage with details and sections; and (5.) Indizate quantity and earth work calculation. (m) Plans shall delineate retaining wall sections drawn to scale with appropriate details, and structural calculations. type Of retaining wall (n; Before the issuance of any City permits, shall submit an erosion control Plan for the applicant the City's review and approval. The erosion control conform to " Plan shall National Pollutant Discharge Elimination System (NPDEs) standards and incorporate the appropriate Best ManagementPractices (BMP's) applicant. . Additionally, the . obtain the necessary NPDES Permits. The applicant shall be responsible for se,ier and storm drain system/lateral installation and .%)hall ensure connection w-,i:h the Los Angeles County Department of Public Woris for storm drain and sewer 'Lateral if there are none currently available. the Additonally, applicant shall pay +- the County SanitationiDistrict connection fees. Furthermore, the applicant for responsible for shall be all costs associated with improvement, review and approval for the addition the of sewer Or Storm drains. IP) Prior to final inspection, the applicant shall install full sidewalk improvements along the propef Old Brea Canyon Road to .,the satisfactionrty of the tape at Public Works Director and with an encroachment Deputy permit. 10 The sidewalk width shall match .and join existing sidewalk. (q) Applicant shall submit a soils report, for the City's review and approval, incorporating the scope of the proposed development. The soils report shall give appropriate recommendation for the project's construction including the suitability of the retaining wall to withstand pressure of the retained soil and proposed development. (r) Driveway improvement shall be required at the appropriate width. (s) Prior to the issuance Of any City permits, the applicant shall submit a revised site plan accurately delineating the existing storm drain easement dedicated. to Los Angeles County Flood Control District along the northerly -end of Parcels 3 and 4. (t) Applicant- shall be responsible for all utility improvements. All Utility improvement shall be made prior to occupancy. If cuts within the City right-of-way are required, the applicant shall obtain the appropriate encroachment permits and pay the appropriate fees. (u) Applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County. Additionally, the applicant shall conform to all NPDES requirements. All handicap parking shall comply with current State handicap accessible regulation. Van parking shall be provided. Site plan shall delineate path of travel from parking lot to building. Cross slope shall not exceed two percent. All bathroom and ramps shall be designed in compliance with State handicap_ accessible regulations. Re ' quired handicap signage shall be installed at each Plans shall conform to conform and Local Building Code (i.e. 1994 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1993 National Electrical Code) and State Energy Code requirements. (X) Construction Plans shall be engineered to meet wind loads Of 80 M.P.H. with a "C" exposure. (Y) Pursuant to the Building and Safety Division requirements, the applicant shall Provide construction fencing surrounding the boundaries of the project site. 11 (z) Applicant- shall submit construction plans to the Los Angeles County Fire Department for review and approval. Plans shall comply wi codes. th all applicable fire (aa) Applicant shall obtain and record a reciprocal parking -and access agreement that includes all four pars (Diamond aar-Honda-dealership,-Burger King restaurantceland car wash facility). (bb) Gasoline delivery shall not 1 Occur, during operational hours of the car wash. (cc) Adjacent to the north elevation of the six -bay auto care center and the car wash, the applicant shall negotiate with Cal -Trans in order to install landscaping and irrigation on Cal -Trans property. If an agreement is obtained, 'maintenance of this landscape area shall be the .applicant's responsibility. (dd) Applicant shall be responsible for maintaining a graffiti free Project site and a graffiti free areacent to the project site Over which the applicanta hasadjcontrol. The applicant shall be responsible removal within 48 hours for the graffiti Of it notification to the applicant Of its appearance Or upon appearance. (ee) Ali under ground tanks, contaminant storage tanks a . nd storage tanks for oil, fluids and all other chemicals shall meet all environmental requirements including the Coast Air - Quality appropriate permits from South Regional Water Management District,California Quality Board and the reDep-artment. This grant is valid for two e years and shall be exercised (i.e• construction star started) within that Period Or this grant shall expire. A one-year extension approved when submitted to the City in w. of time. may be 1 days prior to the expiration date. writing at least .1,0mmiss -or, The Planning consider the extension request at a duly 1:0 Iced Public hearing in accordance witk Chapter 22.72 of the City of Diamond Bar Development Code. ;Q-9, This grant shall not be effective for any Purpose until property involved (if days of a the Permittee and owner of the other than the Permittee) have filed, within fifteen (15) pproval Of this grant, at theCity of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware accept all the of and agree to conditions of this . grant shall not be effective untilgrant-Further, this the P remaining City processing fees, school, feesermittee and feespays for tie rev:.ew of submitted reports. W (hh) 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 documentary handling fee in -connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the Project has more than a deminimis 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 deternLines'to be owed. The Planning Commission shall: (a) Certify to*the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Re'sotution, by certified' mail, to: Mathew Tachdjian,'- col -Am Properties, LLC, P.O. Box 4655, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING OF THE CITY OF DIAMOND BAR. Tye, Ah�airman eS'Zefano, Planning Co mmissiOn Secretar, do hereby certify -2reacing Resolution. was duly introduced, ypassed, and adopte 7-annIng Commission of the City of Diamond Bar, at -'—regulard fanning Commission held on the- 22nd day of June 1999, by Tye, Nelson, McManus, Ruzicka Kuo NOES: None ABSENT: None ABSTAIN: None James DeSte ano, Secretary�� 13 S!9� ZR T TR gi A 17 P 0 I/ t 7, t r yy--- - ------- IL - T10 OZ Nnr DIAMOND BAR HONDA -PROPOSED MANSION AM ALEXANDER DEVELOPMENT AW I ni I C I".. ,� I-_ 0 z7J — —X I = m _ m I MOE I TY, 5. nu Heim mnV "� �V-p 0 .p Ig m " CD cl) O M C.) 0 0 0 11 _16 I — — — — — — — -- — — — — — - El _n ,n - ----- o 00 P 41 i:U qm* zm r > : DIAMOND BAR CAR WASHTROPOSED EXPANSION < ALEXANDER m vi i 5255.GQAND AVENUE DIAMOND BAR. CA 91765 DEVELOPMENT Iiiimi gge_-_ Z,o T 0 m a -n 'm DIAMOND BAR HONDA -PROPOSED MANSION § ALEXANDER Im cg 515S.GRAND AVENUE DIAMOND BAR. CA 91765 cf) DEVELOPMENT tmo aiowz -'I :SMP -Lw F� P Vim_. 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CA 91765 j I i AW ALENDER W OAO7 I DEVELOPMENT Ia l agja rnx� I i � I AGENDA ITEM NUMBER 1m1=I:L*Jm1dPh11l4 MEETING DATE: CASE/FILE NUMBER: City of Diamond Bar PLANNING COMMISSION Staff Report ME June 20, 2001 June 26, 2001 Variance 2001-03/Minor Conditional Use Permit No. 2001-03 APPLICATION REQUEST: A request to permit a 243 square foot room addition. A Minor Conditional Use Permit is required for expansion to a legal nonconforming structure. A Variance is required due to the room .addition's encroachment into the rear setback and site coverage of approximately 39 percent. PROPERTY LOCATION: 1008 Jason Place (Lot 24, Tract 42569) PROPERTY OWNER: Connie Wong, 1008 Jason Place, Diamond Bar, CA 91765 APPLICANT: James Ables, 19953 Valley Boulevard, Walnut, CA 91789 The property owner, Connie Wong, and applicant, James Ables, are requesting approval to permit a 243 square foot room addition. A Minor Conditional Use Permit is required for expansion to a legal nonconforming structure. A Variance is required due to the room addition's encroachment into the rear setback and requested site coverage of 39.31 percent. The project address is 1008 Jason Place (Lot 24 of Tract No. 42569), Diamond Bar.7he parcel is .17 gross acres (7,200 square feet). The lot is a terraced, irregularly shaped, buildat,!e pad, in, the hillside tract. The project site is improved with a two-story single family res.,' of approximately 2,642 square feet, a 630 square foot attached garage, and 400 square feet of driveway paving. For site coverage, only the first floor consisting of 1,458 square ieet and driveway are counted. The project site is zoned RPD 20,000-2 U for single-family residence. Its General Plan Land Use designation is Low Density Residential (RL). Generally, the following zones surround the subject site: to the north, south, east and west is the RPD 20,000-2 U Zone. 1 ANALYSIS: REVIEW AUTHOR ITY/APPLICATIONS The existing main structure is considered legal nonconforming because it does not meet today's development standards for setbacks and site coverage. A Minor Conditional Use Permit is required per the City's Development Code Section 22.56.020(B). The Director may approve a Minor Conditional Use Permit only if the additions, enlargement, etc. does not exceed 30 percent site coverage or the exterior limits of new construction do not encroach further into the setbacks than the comparable portion of the existing structure. A public hearing is required in this case. . The applicant will be removing an existing 120 square feet sunroom and replacing it with the proposed project, a request to permit a 243 square feet room addition. The Hearing Officer is the review authority for a Minor Conditional Use Permit. A Variance application, pursuant to Development Code Section 22.54.020, is a request for a rear setback reduction of 5 feet for a 243 squad, feet room addition. Additionally, the applicant requests a Vari&nce approval for site coverage of 39.31 percent. The purpose of a Variance is to allow for adjustment from the development standards of the Development Code. The adjustment may be granted when special circumstances are applicable to the property (i.e. location, shape, size, surroundings, topography, unreasonable regulations, other conditions, or the strict application of the Development Code) denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. The special circumstance must create an unnecessary, and non -self created hardship that makes it obviously impractical to require compliance with the development standards. A Variance may be granted for relief from dimensional standards such as setbacks and lot coverage) as well as other standards. The Planning Commission is the review authority for a Variance application. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently and the highest authority shall make final determination. In these cases, the Planning Commission is the highest authority. MINOR CONDITIONAL USE PERMIT Development Standards The following E-3 a comparison of the City's a,,proved development standards and the project's proposed development standards: City's Development Standards Project's Development Standards 1. Setbacks (main structure): 1. Setbacks (main structure): ® Front yard -20' from property line ® Front yard- 26' from property line ® Side yards -5'& 10' minimum to property ® Side yards- 5' and 10' from property line line 2 0 Rear yard -20' minimum from property 0 Rear yard -19.5'-15' from property line* line 0 Site Coverage -overall maximum 30% a Site Coverage- 39.13%* 2. Building Height: Maximum 35' 2. Building Height: Two -stories 21' 3. Parking: 3. Parking: 0 Minimum two -car garage 0 Two -car garage *The above analysis indicates that the proposed application is a legal nonconforming structure with a rear setback of 19.5 feet. The proposed room addition requires a Variance application and approval for encroachment into the rear setback of 5 feet and site coverage of 39.13%. VARIANCE • Room Addition Setback and Site Coverage '7he-prbject site is cwtained within an older subdivision that predates the current Diamond Bar - .Development Code. A residential structure in the RPD 20,000-2 U Zone is required to maintain a 20 feet rear setback per the Development Code. The existing rear setbacks vary from 19.5 feet to 18.3 feet. The proposed structure's setback is 15 feet, an encroachment of 5 feet. The subject site is irregularly shaped and the main structure's placement indicates the setback reduction is not adjacent to a residence and abuts the downhill slope (see site, photos). An existing sunroorn of 120 square feet in the same area at the rear of the property will be removed to allow for the replacement of the 243 square feet den. The proposed project would expand existing lot coverage from 37.5 percent to 39.31 percent. It is anticipated that the setback reduction impact will be insignificant even with the increase in site coverage. The fence at the top of the slope will remain to obscure the room addition from the downhill neighbors, and the room addition is consistent with the color palette of the main structure. The scale and compatible configuration, building line, and lot coverage are similar to surrounding residential properties in the subdivision. For example, other properties on Jason Place have larger homes than the subject site on smaller lots (i.e. 1028, 1029, 1042, and 105.4 per Attachment "4"). -Therefore, there are: -special circumstances. applicable to the -property of size, shape-, location surroundings and-top-ig(raphy. Therefore, the strict application of the..Development Code regarding the application on of the 20 feet rear yard setback and the 30% maximum lot coverage,requirements denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. VIEW IMPACT The terrain in the vicinity of Jason Place and Thunder Trail is hilly. The subject site is at the top of a slope, the easterly neighbors at the rear are at a lower elevation. The single story structure 3 will not affect the northerly, westerly, or southerly neighbors. Therefore, the proposed room addition will not have significant detrimental view blockage impact. The Building and'Safety Division has reviewed the application. Their comments are a part of the resolution. Because the room addition is at the top of the slope, its structural calculations must follow the 1998 California Building Code for slopes and structures. The applicant will be required to obtain the necessary building permits meeting the requirements set forth by the Building Code. NOTICE OF PUBLIC HEARING: On June 12, 2001, ninety-seven property owners within a 500 -foot radius of the project site were notified by mail. On June 15, 2001,. notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, on June 15, 2001, a notice of public hearing ori a display board was posted at the site anddisplaved for at least 10 days before the public hearing. Three other sites were posted within the I vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt pursuant to Section 15301(e)(1), Article 19, Chapter, 3 Title, 14, of the California Code of Regulations. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Variance No. 2001-03, Minor Conditional Use Permit No. 2001-03, Findings -of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED NONCONFROMING STRUCTURES FINDINGS: The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not ro-gult in the structure becoming: 1. Incompatible with other structures in the neighborhood; 2. Inconsistent with the General Plan or any applicable specific plan; 3. A restriction to the eventual/future compliance with the applicable regulations of this Development Code; 4. Detrimental to the health, safety, and general welfare of persons residing in the neighborhood; and 5. Detrimental and/or injurious to property and improvements in the. neighborhood. El! REQUIRED MINOR CONDITIONAL USE PERMIT FINDINGS: 1. - The proposed use is allowed within the subject zoning district with the approval of a Minor conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses., and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning districts in which the property is located, and; 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act'(CEQA). REQUIRED VARIANQE FINDINGS 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). e2 0 r ared by: Linda Kay SmitW Develepment Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 2. Applications; 3. Site photos; 4. Selected property profiles -Jason Place; 5. Aerial; 6. Exhibit "A" - site plan, plans, elevations, dated June 26, 2001. D: WORD-LINDA/PLANCOMM/PROJECTSNAR 01-031860.../REPORT VAR... 5 PLANNING COMMISSION DRAFT RESOLUTION NO.2001-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 2001-03, MINOR CONDITIONAL USE PERMIT NO. 2001-03, AND CATEGORICAL EXEMPTION, A REQUEST TO PERMIT A 243 SQUARE FOOT ROOM ADDITION. THE PROJECT SITE IS 1008 JASON PLACE.(LOT 24 OF TRACT MAP NO. 42569), DIAMOND BAR CA. A. Recitals The property owner, Connie Wong, and applicant, James Ables, have filed an application to approve Variance No. 2001-03, Minor Conditional Use Permit No. 2001-03, and: Categorical Exemption for a property located at 1008 Jason Place, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application". 2. On June 12, 2001, ninety-seven property owners within a 500 -foot radius of the project site were notified by mail. On June 15, 2001, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Bulletin newspapers. Additionally, on June 15, 2001, a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of the application. 3. On June 26, 2001, the Planning Commission of the City of Diamond Bar conducted 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: The 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 determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e)(1), Article 19, Chapter 3, Title 14, of the..California Code of Regulations. 1 3. The Planning Commission hereby specifically finds andetermines l, t' 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-ha-ve the-pptential-of an-, adverse -.effect on wild life 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. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 1008 Jason Place (Lot.24 of Tract No. 42569), Diamond Bar, CA. The parcel is .17 gross a 3re& (7,200 square feet). The lot is a terraced, irregularly shaped buildable pad in a hillside tract. (b) The General Plan Land Use designation is Low Density Residential (RL). The project site is zoned Single -Family Residence, RPD 20,000 2 U. (c) Generally, the following zones surround the subject site: to the north, south, east and west is the RPD 20,000 2 U Zone. (d) The application is a request to permit a 243 square foot room addition. A Variance is required due to the room addition's 5 feet encroachment into the rear setback and site coverage of 39.31 percent. A Minor Conditional Use Permit is required for expansion to the legal nonconforming structure. NONCONFORMING STRUCTURES (e) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure WOLIA not result in the structure becoming incompatible with other structures in the neighborhood. The proposed project is a room addition of 243 square feet at rear of the existing structure. A 120 square foot sunroom exists in the area of the proposed addition and will be removed. The scale and compatible configuration, building fine,, and lot coverage are similar to surrounding residential properties in the subdivision. For example, other properties on Jason Place have larger homes on smaller lots than the subject site. Therefore, the structural alteration of the FO nonconforming structure would not result in the structure becoming incompatible with other structures in the neighborhood The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming inconsistent with the General Plan and any applicable specific plan. The project site, currently developed with a two-story, legal nonconforming, single- amity residence, was established before the adoption of the City's General Plan. The adopted General Plan of July 25, 1995 has a land use designation of Low Density Residential (RL) for the project site. The proposed project of permitting a room addition in the rear setback and that exceeds the site coverage criteria requires approval of a Variance. Though the room addition encroaches into the rear setback 5 feet, it is not intrusive to the downhill n6ighbor at the rear of the propcifty. The proposed project complies with the City's General Plan objectives and strategies related to single-family residents. The scale and compatible configuration, building line, and lot coverage are similar to surrounding residential properties in the subdivision. For example, other Jason Place properties have larger homes than the subject site on smaller lots. Therefore, the proposed project is consistent with land use density and capability to surrounding properties required by the General Plan. The project is consistent with City Design Guidelines; and, with the approval of a Variance and Minor Conditional Use Permit, it is consistent with the City's Development Code. There is no applicable specific plan. (g) The. addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the 'sffucture becoming a restrict. -on to the eventual/future compliance with -the applicable regulatiom of this Development Code. The exist.!rrg parcel was created by Tract Map No. 42569 approval. Lot 24 is 7,200 square feet and one of the smaller lots in the RPD 20,000 2 U Zone. The existing structure including the sunroom was completed with building permits. The current structure is a legal nonconforming structure. This is defined as any parcel or structure that was legally created or constructed prior to the November 3, 1998 adoption of the current Diamond Bar Development Code, and which does not conform to current code provisions/standards prescribed for the zoning district in which the use is located.. In this case, it is the rear setback requirement of 20 feet for this irregularly shaped lot The rear setback 3 A to the main structure varies from 19.5 feet to 18.3 feet and to the room addition varies from 18.3 feet to 15 feet from the property line. The total site coverage is 39.13 percent and the rear setback valiance and site coverage variance are consistent with other products in the vicinity. The proposed project conforms to the applicable provisions .---of the Development Code with the approval of -a -Variance and Minor Conditional Use Permit. Therefore, the room addition would not result in the structure becoming a restriction to the eventual/future compliance with the applicable regulations of this Development Code (h) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in the neighborhood. City permits, structural plan check, inspections and soils reports, and Fire Departm-ent approvals are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, the terrain in the vicinity of Jason Place and Thunder Trail is hilly. The subject site is at the top of a slope, the easterly neighbors at the rear are at a lower elevation. The single story structure will not affect the northerly, westerly, or southerly neighbors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. Also, as stated in Findings 4(e) -(g), the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental to the health, safety, and general welfare of persons residing in t; ,e neighborhood. (i) The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would. not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. As stated in Findings 4(e) -(h), the addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming detrimental and/or injurious to property and improvements in the neighborhood. R MINOR CONDITIONAL USE PERMIT The proposed use is allowed within the subject -zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed use of expanded single-family residence is allowed in the RPD 20,000 2 U Zone. The application is to add a room addition that encroaches into the rear setback 5 feet. The proposed project would expand existing lot coverage from 37.5 percent to 39.31 percent. Section 22.08.040 of the Diamond Bar Development Code requires that lot coverage within the zone not exceed a 30% maximum. Section 22.56.020(B) of the Diamond Bar Development Code provides that nonconforming parcels may apply for a Minor Conditional Use Permit for expansion of a nonconforming structure. The room addition is considered part of the residential"dwelfing,- and as such constitutes a permitted use within the zone. (k) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Finding 4(f), the proposed use is consistent with the General Plan and there is no applicable specific plan. (1) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. Lot size, configuration, building lines, and coverage on the proposed project are similar to surrounding residential properties within the subdivision. The proposed 243 square foot room addition, placement in the rear of the property and absence of street visibi,ity will M."17AM-9fly impact surrounding properties. Therefore, the pr,)posed use is compatible with the existing and future land uses in f,7e vicinity. (m) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Findings (e) -U), the room addition is suitable for the type and density/intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (n) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or A VARIANCF- materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. As stated in Finding (h), granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the. property is located. (o) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CE0A), Section 15301(e)(1). (p) There are special circumstances applicable to the property (e.g,, location, shape, size, surroundings, topography, or other conditions), -so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. The Variance request is to allow a reduction in the rear setback of 5 feet for a room addition and for an increase in site coverage from 375 percent to 39.31 percent. The project site is contained within an older subdivision that predates the current Diamond Bar Development Code. A residential structure in the RPD 20,000-2 U Zone is required to maintain a 20 feet rear setback per the Development Code. The existing rear setbacks vary from 19.5 feet to 18.3 feet. ','./7e proposed structure's setback is 15 feet, an encroachment of 5 fee' The subject site is irregularly shaped and the main structure's placerr ant indicates the setback reduction is not adjacent to a residence a .d abuts the downhill slope. An existing sunroom of 120 square feet in the same area at the rear of the property will be removed to allow for the replacement of the 243 square feet room addition. The proposed project would expand existing lot coverage from 37.5 percent to 39.31 percent. It is anticipated that the setback reduction impact will be insignificant even with the increase in site coverage. The fence at the top of the slope will remain to.obscure the room addition from the downhill neighbors, and the room addition is consistent with the color palette of the main structure. The scale and compatible configuration, building line, and lot coverage -ire similar to R surrounding residential properties in the subdivision. For example, other properties on Jason Place have larger homes on smaller lots than the subject site (i.e. 1028, 1029, 1042, and 1054 Jason Place). The special circumstances applicable to the property of size, shape, location surroundings and topography. Therefore, the strict application of the Development Code regarding the application of the 20 feet rear yard setback and the 30% maximum lot coverage requirements denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. (q) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought. As stated in Finding (p), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought. (r) Granting the Variance is consistent with the General Plan and any applicable specific plan. As stated above in Findings 4(f), granting the Variance is consistent with the General Plan and any there is no applicable specific plan. (s) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the. City. As stated above in Finding 4 (h), the proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(1). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 7 S, (a) The project shall substantially conform to site plan, floor plan " elevations, and materials/colors board collectively labeled as Exhibit "A" dated June 12, 2001 as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a. condition that 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 ui'.Iized has obtained permits from the City of Diamond Bar to provide SL,ch services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) A fine grade certification shall. be required before building final. (e) Drainage pattern shall be reviewed and approved by the Public Works Division; surfa6e water shall drain away from the building at a 2% minimum slope. I BUILDIN(-, AND SAFETY (f) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (g) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (h) The single-family structure is located in "High Fire Zone" and shall meet the following requirements of that fire zone: 1.1 t -J 7;t (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 7/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys -shall have spark arresters of maximum 1/2 inch screen. (i) This single-family structure shall meet the State Energy. Conservation Standards. Plans shall include existing fir.,t-floor. (k) Plans shall be designed to meet City's expansive soil condition. (1) Building setback from any slope (top or toe) shall meet the requirements of Section 18 of the 1998 California Building Code. (m) Prior to the issuance of any construction permits, the applicant shall confirm with the Building and Safety Division whether a submittal of construction plans to the Los Angeles County Fire Department for review and approval is required. PLANNING (n) The fence shall remain at the top of the slope to obscure the room addition from the downhill neighbors. (0) The front yard landscaping shall be restored,to its existing condition per site photos, prior to final inspection or issuance of a Certificate of Occupancy. (p) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (q) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for 9 commercial/institutional purposes, or otherwise used asd's�eOai-a4td dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. This grant is valid. for- two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (s) 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 (115) days of a.,,iproval of this grant, at the City of Diamond Bar Community and Dt-welopment Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (t) 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 documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis 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 determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Re-16lution; and (b) Forthwith transmit a certified cop,.7 of this Resolution, by certified mail to Connie Wong, 1008 Jason Place, Diamond Bar, 91765 and James Ables, 19953 Valley Boulevard, Walnut, CA 91789. APPROVED AND ADOPTED THIS THE 26t' DAY OF JUNE 2001, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Bob Zirbes, Chairman ffill I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of June, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary D: WORD-LINDAIPLANCOMM/PROJECTSNAR 2001-03 ... /RESO VAR... MI _ CITY 0 DIAMOND BAR — � COMMUMffY DEVELOPAW.NT DEPARTAIENT • _ - 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 VARIANCE APPLICATION Record Owner Name Weon Conn_ (Lase nime fust) Address loo 1F� Je7tC P1, City V1a►w%0nd M? - r,► zip !a f-7 4- 5 phone(" 3`1�•oZ�•l Applicant Woelcr ,GeartfE i (Last name first) ' t> r Gyro it2 Br�r- 6i t -n 51 . Phor1e" tU • o 1 d 1 r Case# ��77 hl ,�2nC• i FPL li 4-4- ` Z Deposit $ Receipt# By Date Rec'd%/,7)j_4 / Applicant's Agent _ tee. .J6d,,S j (List name fust) Phone( 5'9,d • G29 •1 NOTE: It is the applicant's responsibility to notify the Community Developu �_ t Di-Pp"or in _writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to fik this request. Signed C.t' (All record Date t/zLPI Certification: I, the undersigned, hereby certify underpenalty of perjury that the information herein provided is ._ correct to the best of my knowledge.. C; J Print Name W-0 Co -- ( pplicant or Agent) _ / Signed ({ ',�,��i l L `t'� v Date i/ `_`f-- (Applicant or eat)— Location COO cJc�Son P/. �t �d a .v^ G " / ?,65' N) _ t., (Street addmu or tract and. lot number) between Cjbyyyt��, ljL j-> and V t 1 (Street) (spa) I , Zoning RPD -' 2or 00p- Z L (Lr -9J0 GZoo) I3NM Project Size (gross acres) ©, / S Project Density Previous Cases ( l �t 'v- Present Use of Site `y' cM�er/,, rc!0,ur_ Use applied for Lo 7— caua.W s chi rrc c P § r c.�c (bett,�t Domestic water Source f'E� �sli c, Company/District Method of Sewage D'sP0s21-&i,t t Sanitation District Grading of Lots by Applicant? YES NO _��_ Amount (Show necessary grading design on Site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for zone change, attach legal description of exterior boundaries of area Subject to the change.) _ __. L.2�. • ra. �. a5,�9. Project Site: GG 42 EceE l Gross Arra No. of Lots Area devoted to : Structures Ay . ------_� Open Space J _ - Residentialpioject: 2 '-Zz..SQ andZ vru4 -Area- No. of floors Proposed Density Units/Acres Number and types of Unite Residential Parking: Type Required 2 Provided Total Required 2- Total Provided 3 VARIANCE CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare or persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. ��x G�a✓►�,�t Gvv� �e Gc�( <.r..�dc Lc:o�r�o,a� aw Lo B. That the proposed site rs adequate in size aad shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Ordinance, or as is otherwise required in order to integrate said use with the uses in the surrounding arra. C. That 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 such use would generate, end 2. By other public or private service facilities as are required. _,27WA 41W a/s D. That there am special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other.properties in the same vicinity and under identical zoning classification. R G Pie- 5 f -A .n.afi l v2- "AL iK4o-t'j� r w11t ice- GV'ci t br,(-t=- also l,s t1on toncvrmvr� c�su.. do - pbaeera� of tk d -0e.. W* w+ ✓� tan S E. That such variance is nectsisary, for the preservation of a substantial property right of the applicant such as that Possessed by owners of other property in the same vicinity and zone. 4" d4 L4P F. That the Smt'ng of the variance will not be umtetiay detrizziental to the public welfare or be injurious to Odw PrOPwtY Or imPwvmmts in the vicinity and zone. 6"- Wn Ly 41, AO'l ore Ila jl DI1L�1� D -BAB, Reeotd Owner >° `.. MY of Du AR� ® 3 DEPARTMENT OF COMI<TtiNM & DEVELOPMENT SERVICES Pia Lining Division 21660 E. Copley Drive State 190, Diamond Bar, CA 91765 (909)396-5676 Fax(909)861-3117 CONDITIONAL USE PERMIT APPLICATION Namer!onn•tt SIQi IC'L1tt (bast Mc fast) Address PL City b, a>~o r2 oaf , C-^ zip ct) -7 aoq Phone(" Fax ( ) App =mt W � . �r►n rc F �'h t r tc., (Lit tome fast) Cell`& -9.50" int.... 81116 Phont� 3 �iG - 01 41 Fax ( ) L• Depoat Receipt r By Date Reed FOR Cm* USE Apphmnt's Agent W 6DM/watL (.eovz8 (bast name fust) ,.0 Ac 91789 elpq Phone() 5Zt$ • k 2 5? Far Ciao, _Sq S -7 S 3� NOTE: It is the applicant's responsibility to notify the City in writing of any change of *the principals involved during the processing of this case. (Attach separate sheet, if necessary, inclAng games, addm=s, gad signatures of members of partnerships, joint ventures, and diroetom of corporations.) Consent 1 certify that I am the owner of the herein described property and permit the applicant tofdle thisz quest _ S32IlCdLLI—Ii6c7. (All record owners) Cerrif irati.on: 1, the undersigned, hereby certify under penalty of perjury that Ae informadon herein proviiad is correct to the best of rry knowledge. 00 _. PnntNamc bjo✓f4 , Cori- n �y (App6m, t or Agent) Signed Date (Applicant or Agent) Location I C'y Q JaS o,, tO(, . D cetry►,an� $c.,r' . q !"j �� (Stmt address or tract and lot number) Zoning •RPD ^ 20 ono - Z y ( LCe,V k too House Numbering Map Lt H 3.49 Previous Cases Present Use of Site 61 ✓iG If RC.5 t ger,c e Use applied for P -Com G e(c i'i'i a eK S^t`i a -Lngal Cort v-- DU.�� I YlG City orDiamond Bar CONDITIONAL USE PERMIT Page Two w � - Project Size (gross acres) • �`� Pm'ect Deusiry Previous Cases Present Use of Sitete for Domestic Water Source s �t f, CompanyMistriet Wa 1 h Lkf - Metkod of Sewage Disposal (- 4"�,iiG Sanitation District Grading of Lots by Applicant? YES NO Amount (Show necessary grading design on site plan or tent, map) CONDITIONAL USE PERMIT BURDEN OF PROOF In addition to the information required in the application, the -applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: (answers must be full & complete) A. That the requested use at the location proposed will not: .t - 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located m the vicinity of the site, or Jeopardize, endanger or otherwise constitute a menace to the public health, safety or. general welfare. 5' a,, c�a —a G DOg-t � ryko+'t 9)d S t PhA+B r` t M5 "01 :M 2 c LSS4 . clec, 4-ce-4urr,,gl �n5� .n 4. Sc Iti' w�l1 be T�6�� 144,4,2 a V1 loew( La taS ©rd t ria n�e5 t/1 !or eud /,� 4,, . 7�zm-R� +ke- ply ec.,d- to, -n a$ tmcvn e F csy- a. =�r *.4- cibo,�a rt•.ern `iK o�ue� . B. Thai the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. 1110 r �it'1 q C�YY�PVI'a� OW -C IMfi fAtee8 Ca+J%e_rW 1 54Z GS C Je,- [ti44-_ t'-, 5 t Zc ci., c 4 !� D� �vGruc7 tyt- t on la � � '�'l�e_ l.�S•e-S !�n ll'f..r 5'a,r ►^o wn� vyt � �"�4 That 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 such use wound generate, and 2. By other public or private service facilities as are required. /'�'>.a..�v`¢Jos�.e.cc �%� ,lvt.c�,>l�^ Gr r+c.W.-�ct,�Lon �►cQ �..yxr,,. Residential: Total Units Bachelor G 3 Total Pkg. Cov. Pkg. 1 Bedroom 3. Uncov. Pkg. Project Size: • 1 t a"ns.5 Lot Coverage: 5% 2 Bdtm. do larger Density: �,h41< (-6tw%1 ly„� Maximum Height: 1 3 , No. offloors: �' Sq. Footage 'Z5 22 5'! Pr Non-residential: Sq. fl. area No. of Bldgs. Occupant Load* CUP Burden of Proof -Page I Parking: Total Standard Compact Handicap Landscaping: Sq. feet Grading: Y _ Nom, If ycs, Quant1w: Cut: Fill: Import: Y N If yes, Quantity:. Export: Y N If yes. Quantity - Occupant Load as calculated by the Building do Safety Division is required health clubs, theaters, etc. or all dining, take-out or assembly use, churches, LEGAL DESCRIPTION (all ovmarship comprising the proposed lot(s)/parcel(s) �;Olff "wWwArl-aw-w-M PC, - &'q -2 -'.q -a L.'2- A . i I V Area devoted to structures Landwaping/Open spac= Residential Project:, and (gross am) (No. of lots) Proposed density Parking Standard (Unit) Required Provided —CAL Compact Handicapped Total candificiad use Permit Burden of Proof - Panc 2 5) Situs: 1029 S JASON PL, DIAMOND BAR CA 91765-4372 C097 APN: 8701-040-018 Rec Date: 05/30/1997 Total Value: $335,916 County: LOS ANGELES, CA Sale Price: $317,000 Impry Value: $256,865 Use: SFR Document #: 809845 Land Value: $79,051 Card #: Zoning: LCRPD200D 1 st TD Amt: $180,000 Lot Width: 64 Depth: 111 New Pg: 680-132 Map Pg: 97-132 Rooms: 9 Bedrms: 4 Lot Area: Phone: Stories: 2.00 Full Baths: 3 Half: Bldg/Liv Area: (2:,933 Owners: TSUEI DER JONG I "T 5, -,*Yr Built/Eff: 1987 SAU CHUNPool Mail: 1029 JASON PL; DIAMOND BAR CA 91765-4372 C097o&9 Z�t� 10 .2sSO&E OL 6) APN: County: Use: Card #: New Pg: Phone: Owners: AM Situs: 1042 S JASON PL, DIAMOND BAR CA 91765-4372 C097 8701-040-028 Rec Date: 03/15/1988 Total Value: $300,132 LOS ANGELES, CA Sale Price: $241,000 Impry Value: $250,195 SFR Document Land Value: $49,937 Zoning: LCRPD2000i 1st TD Amt: Lot Width: 6Depth: 97 : 6380-132 Map Pg: 97-132 Rooms: Bedrms: 4 Lot Area: - 917- .-@9/860-20699/860-2069 Stories:. Fu!" Baths: 3 Hess: Bldg/Liv-Area.( 2,93 3 PATHAK YOGESH P & DAKSHA Y 1042 JASON PL; DIAMOND BAR CA 91765-4372 C097 Yr BuilttEff 1987 L P90 I v 31�5 7) Situs: 1043 S JASON PL, DIAMOND BAR CA 91765-4372 C097 APN: 8701-040-020 Rec Date: 12/22t1987 Total Value: $307,541 County: LOS ANGELES, CA Sale Price: $229,000 Impry Value: $244,281 Use: SFR Document #: 2014461 Land Value: $63,260 Card #: Zoning: LCRPD2000i 1st TD Amt: $206,100 Lot Width: 62 Depth: 142 New Pg: 680-D2 Map Pg: 97-132 Rooms: Bedrms: 4 Lot Area: 8,804 Phone: 909/868-6754 Stories: Full Baths: 3 Half: Bldg/Liv Area: 2,933 Owners: THOMAS 0 KEEFE & F JR Yr Built/Eff: 1987 SHAN MEI -C Pool: POOL Mail: 1043 JASON PL; DIAMOND BAR CA 91765-4372 C097 8) Situs: 1054 S JASON PL, DIAMOND BAR (A 91765-4372 C097 -APrJ: 8701-040-626 r Reac Date: 04/19/1--44 Total Value: $360,305 County: LOS ANGELES, CA Sale Price: $345,000 Impry Value: $283,298 Use: SFR Document #: 752942 Land Value: $77,007 Card #: Zoning: LCRPD2000i 1 st TD Amt: Lot Width: .:6 Depth: 100 New Pg: 680-132 Map Pg: 97-132 Rooms: Bedrms: 4 Lot Area: 61,5500 Phone: 909/860-9812 Stories: Full Baths: 3 Half: Bldg/Liv Ar : 2,933 l. Owners: LIN ESTHER Yr Built/Eff: Pool: SPA Mail: 1340 VALLEY VISTA DR STE 100; DIAMOND BAR. CA 91765-3913 C098 2M OL x0e :.),IaQP %Ahn0r)n+n onnn Onnn. 9 M A ti 1) Situs: 1002 S JASON PL, DIAMOND BAR CA 91765.4372 0097 APN: 8701-040-035 Rec Date: 12108t1987 County: LOS ANGELES, CA Sale Price: $183,500 Use: SFR Document #: 1937563 Card #: Zoning: LCRPD2000i 1st TD Amt: $153,000 New Pg: 680-D2 Map Pg: 97-132 Rooms: Bedrms: Phone: Stories: Full Baths: 3 Half: Owners: WONG MARTIN & MARY Lot Area: .8,307 Phone: MARY MA * RTIN _' & WONG /TR 3 Half: Mail: 1002 JASON PL; DIAMOND BAR CA 917654372 C097 OSHIRO GEORGE 0 & MARGIE L irRTY PROFILE DN PLACE j VAR 01-03, MCUP 01- 1008 JASON PLACE NNE 26, 2001 Lot Width: 83 Depth: 87 4 Lot Area: 7,221 Bldg/Liv Area: 2,933 Yr Built/Eff: 1987 Pool: SFR Document #: 2) Situs: 1008 S JASON PL, DIAMOND BAR CA 91765-4372 C097 APN: 8701-040-034 Reic Date: 12/11/1987 County: LOS ANGELES, CA Sale Price: $224,000 Use: SFR Document #: 1968724 Card #: Zoning: LCRPD2000i 1 st TD Amt: $144,000 New Pg: 680A -X2-----__. Map Pg: 97-132 Rooms: 9 Bedrms: 4 Phone: -"'-Stories: Y� 2.00 ;�ull'Baths: 3 —Half: Owners: WONG CONNIE & SHIRLEY Lot Area: .8,307 Phone: 'DIAMOND 3 Half: Mail: Oi �JASON PL; BAR CA 91765-4372 C097 OSHIRO GEORGE 0 & MARGIE L Totala'l Value: U 4 P,8421�f lmpry Value: $227,679 Land Value: $56,163 Lot Width: 75 Depth: 96 Lot Area: 7,200 Bldg/Liv Area. 2,522 g� Yr Built/Eff: Pool.. a&Lov, a* 3) Situs: 1022 S JASON PL, DIAMOND BAR CA 91765-4372 C097 APN: 8701-040-031 Rec Date: 12110987 Total Value: $278,957 County: LOS ANGELES, CA Sale Price: $224,000 lmpry Value: $217,940 Use: SFR Document #: 1999891 Land Value: $61',017 Card #: Zoning: LCRPD2000i 1st TD Amt: $153,100 Lot Width: 71 Depth: 117 New Pg: 680-D2 Map Pg: 97-132 Rooms: Bedrms: 4 Lot Area: .8,307 Phone: 909/860-6446 Stories: Full Baths: 3 Half: Bldg/Liv Area: 2,522 Owners: OSHIRO GEORGE 0 & MARGIE L Yr Built/Eff: 1987 Mail: 1022 JASON PL; DIAMOND BAR CA 91765-4372 C097 Pool: 4) Situs: 1028 S JASON PL, DIAMOND BAR CA 917654372 C097 APN—':1�1*5� 8?01-040,030 1q1e7i3t�Dd,t_e,:. - 1V1-6/:js87_ $313;87:Q . t County: LOS ANGELES, CA Sale Price: $242,000 Impry Value: $261,146 Use: SFR Document #: 1986906 Land Value: $52,674 Card #: Zoning: LCRPD2000i 1st TD Amt: $126,000 Lot Width: Depth: 105 New Pg: 680-132 Map Pg: 97-132 Rooms: Bedrms: 4 Lot Area: 6,510 - 1 Phone: Owners: Stories: Full Baths: 3 Half: Bldg/Liv Area: 2,93 3 411P RAMOS TOMAS R & VICTORIA V , Yr Built/Eff: 1987 ..Mail: 1028 JASON PL; DIAMOND BAR CA 91765-4372 C097 Pool: POOL Awl 4L 0 2, 46 1996 Win2Data 2000 444A I A A;A-, -A _,ftV -4 YU A Al. A A Paae: 1 of F; r--,-- '----- s "Wo,77 4 �Y1 -� r JAI, KU LA�E �S'rWC DEN l'l'kt4.KD -111.5 •swEEE-VhTIoqs 91. 5 � � O� Lv Ott-; 0 L T, OR o.y t t f T r JAI, KU LA�E �S'rWC DEN l'l'kt4.KD -111.5 •swEEE-VhTIoqs 91. u z z z V) V) 00 U 0 04 u 0 u 0 u 0 u u 00 � 00. ,I* 00 u40 C4 C°7 A H Lr)00 C1C144 r - u C) CN U L5 0 u cz 48 co 00 U r owe u a a a cl) < W 0 � 0 ti O 00 C) 00 C14 U C� 00 C14 w � u z �, < 0 co > 0 U z < z �xw A¢ o C, 0 z < a z � C) U 0 z z z V) V) V) U 0 04 u 0 u 0 u 0 � 00. ,I* 00 C°7 A H Lr)00 C1C144 C) CN L5 0 cz 48 co 00 r owe SO z z zz u u u u z z z Z o o 0 < C Ell r 0Oz 0 0 z 0z LL zx� Z Z 0 z F-- V" zZ z ., ". �0 0 4 z < 0 Ct) C) V) U Z U) z In u z z O < C)as 4 z o w > 5 a) — 0 1:4 0 a L) O z z 0 3 3 a � ¢ Q a ¢ C/itr) vi pa o 00 M 00 if) 00 00 0 CN m C) 00tn W) 't CN C) :! V) CN CN CI4 N CI4 CI4 I ¢� u) C/) a Q ,� Qa Q Q CI4 C) cq if) \0 C) R C) 0 4t � C) 0 �C) C4 CD C) C) CN 0 C)1 0 -q C) C) 0 C) 0 0 C) cz Cy C-4 C q CI4 > > > cz cz z E E E 0 u = t� z E 0 0 Z r- En u 0 . u C) > (CU-) i:� m z u cz 14 -2 00 C6 L) u > co .6. Cn cu ) Z ZZ > P E c,: -a, .2 > r O°Q z 0 cz f.j 0 E C) E o En E4 L) w 0 > U E C) (D W u z TO: Chairman and Planning Commissioners FROM: Ann J. Lungu,. Associate Planner SUBJECT: Status Report for Development Review No. 2000-12, Conditional Use Permit No. 2000-07 and Variance No. 2000-06 located at 1440 Bridge Gate (Lot 16,.Tract No. 39679) within Gateway Corporate Center DATE: June 18, 2001 The Planninq Commission -on October 10, 2000 approved the referenced project. The approval allows the construction of a three-story office building of approximately 129,000 square feet, -child day care facility of approximately 5,000 square feet with a chila-T)lav yard, parking structure, and a crib wall with a maximum exposed height of 13 feet. The purpose of the crib wall is to cut into the side slope, thereby providing more surface parking. The purpose of this memorandum is to inform the Planning Commission of the applicant's modification request submitted to the City in a correspondence dated June 11, 2001. The modifications are as follows. 1. The handicap ramp will be relocated from the north side of the entry driveway at Bridge Gate Drive (adjacent to the sidewalk) to the south side parallel to the south property line, thereby making the ramp less obtrusive as suggested by the City Planning Division. 2. The wall and small fountain at the south side of the ,o-'L-fice building will be eliminated. 3. Tha parking structure will be moved 14 feet w,,:! s t to diminish excavating of the hillside. The separation between the office building and parking structure will be 57 feet instead of 70 feet as approved. 4. Seven parking spaces on the south side of the office building and nine parking spaces on the west side of the parking structure will be eliminated, as required by the Fire Department to provide fire truck access to the building. Additionally, moving the parking structure 14 feet closer to the office building also contributed to the elimination of these parking spaces. 1 I 5. Trash enclosure will be relocated to accommodate the I fire truck turn -around. 6. Configuration of the child care center within the parking structure will be modified based upon the revised parking _l'aYout within the parking structure. 7'. The child care yard will be enlarged from 3,600 -square feet to 5,000 square feet to accommodate approximately 67 children in the day care center. Enlarging the child care yard eliminates the curvilinear shape of the wall that encloses the yard. The applicant had hoped to obtain a waiver from the State of California to allow a smaller yard area due to the number of infants forecasted to be accommodated at the center. The State Licensing Board rejected the waiver. Subsequently, the drop-off area has to be redesigned to allow a larger play yard in order to obtain StEte approval-. 8. The colored concrete walk at the entry driveway will be revised to a painted crosswalk for handicap accessibility. 9. A concrete planter box will be eliminated near the fountain. However, no Plant material will be deleted. 10. At the east side of the parking structure approximately 4 inches from the structure, a retaining wall (holding the slope) will be constructed varying in height from approximately 11 feet to approximately 20 feet. Planning Commission Exhibit "A" dated October 10, 2000, delineates the wall of the parking structure as retaining the slope. In reference to Item No. 4 above, Exhibit "A" dated October 10, 2000 delineates 21 standard narking spaces with two loading spaces on the south side of the offi I �e building and nine parking spaces on the west side of the Parkin- structure. The site Plan attached delineates six handicap -pa --king spaces, four compact parking spaces, two loading spaces aid trash enclosure on the south side of the office building. Some of the modifications are related to issues that have occurred in the field and others are related to cost. Attachments: 1. Correspondence from The Trenton Group date June'll, 2001; and 2. Revised plans date stamped June 18, 2001. 2 THE — ®�, , GROUP June 11. 2001 Mr. James DeStefano City of Diamond Bar. 21825 East Coply Drive Diamond Bar, CA 91765 RE: 1440 Bridge Gate Drive . Diamond Bar, CA 91765 Dear Mr. DeStefano: Thank you for taking time to meet with my staff and myself today. As you requested, below is a 1 isting of items which have been modified from the original site plan approval for the subject property: 1. The Handicap ramp has been relocated from 'the north side of the entr driveway from Bridge Gate Drive to the south side -'along the south property line to -make the ramp less obtrusive, as suggested by the .Cih Planning Department. 2. Seven parking spaces on the south side of the building and nine parking spaces on the west side of the parking structure have been eliminated, as required by the Fire Department to provide fire truck access to the building. Handicapped spaces have been relocated in both the parking structure and surface lot, however, code requirements have been maintained. 3. The wail and small fountain at the south side of the building have been eliminated. 4. The parking structure was ::roved 14 feet west to diminish excavating of the hillside. 5. The trash enclosure was relocated to accommodate the fire truck turn -around. 6. The configuration of the child care center has been modified based upon the revised parking layout wid-.-in the structure. 7. Tile child care yard has been enlarged from 3,600 s.f. to 5.000 s.f. to accommodate approximately 67 children in the day care center. Administaff had )toped to gain a waiver from the State of California to alk a smaller vard area due to the number of infants forecasted to be accommodated at the center; this was rejected by the State Licensing Board. Subsequently. the drop-off area had to be re -designed to allow tic - larger play area and gain State approval. 8. The colored concrete walk at the entry driveway has been revised to a painted cross walk for handicap accessibility 9. A concrete planter boy: has been eliminates; near the fountain. Howe -r, no plant material has been deleted. A set of drawing, setting forth these changes are attached hereto. Thank you again for expediting this matter in order to meet the target date of the Tenant. Sincere y yours, H. Theodore Greene President HTG6zlw Enclosures TPEt:Tot, DE'. E! OR. 1EN_ COPROR:,TION - TRE IITOII MANAGEMENT SERVICES • TRENTON REAL ESTATE ADVISORS mw 2 David A. Huffaler A66orney at law '01 IN 17-5 .1,-, *46 23929 W. Valencia Blvd, Suite 101 Valencia, California 91355-5308 1-4 �d b9W3 City of Diamond Bar Planning Commission 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765 (661)288-1050 Fax(661)254-4944 Re: Public Hearing Conditional Use Permit 98-7(1)/D.R. No 98-12(l) 515 S, Grand Avenue Owner: Matthew TachdJian Date of Hearing: 26 June 2001 Dear Planning Commission: I represent R.A.S. Associates, Inc and Richard -A. the -.original architects on this project. The owners of this project MatffiewTa Vrbperties terminated the services of my client many months ago. This termination is the basis of a claim currently pending before the American Arbitration Association. Please be advised that Mr. Stupin and his company should not be listed as architects of record on this project. My clients have not given permission to Mr. Tachdjim to use any of their plans on this project absent receipt of payment. Any use of the RAS/Stupin drawings or plans in this project by the owners would be -a violation of the state rules governing the use of an architect's plans. Please call if you should have any questions or comments. - ery trul yours, David A. Huffaker DAR:svb cc:Karen Andrews, Esq. R.A.S. Associates, Inc. File !.e ewy ®n ' and is ready for nning Filer iew d by on, destruction and is by C4 Cjqr� dy for