HomeMy WebLinkAboutPC 91-11RESOLUTION 91-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
RECOMMENDING APPROVAL OF DEVELOPMENT AGREEMENT 91-2, AN
APPLICATION TO ALLOW THE SALE OF GASOLINE, AUTOMATED CAR WASH, SIB
BAY AUTOMOTIVE DETAIL FACILITY, CORPORATE OFFICES AND A RESTAURANT
AT 22000 GOLDEN SPRINGS DRIVE - ASSESSOR'S PARCEL #8717-001-006.
A. Recitals
1. Gary Clapp, on behalf of Toran Development and Construc-
tion has filed -an application for a Development Agree-
ment (D.A.) located at 22000 Golden Springs Dr., Diamond
Bar, California, as described in the title of this Reso-
lution. Hereinafter in this Resolution, the subject
Development Agreement application is referred to as
"application".
2. On April 18, 1989, the City of Diamond Bar was establi-
shed as a duly organized municipal corporation of the
State of California. On said date, pursuant to the
requirements of the California Government Code Section
57376, Title 21 and 22, the City Council of the City of
Diamond Bar adopted it Ordinance No. 1, thereby adopting
the Los Angeles County Code as the ordinances of the
City of Diamond Bar. Title 21 and 22 'of the Los Angeles
County Code contains the Development Code of the County
of Los Angeles now currently applicable to development
applications, including the subject Application, within
the City of Diamond Bar.
3. Because of its recent incorporation, the City of Diamond
Bar lacks an operative General Plan. Accordingly,
action was taken on the subject Application, as to
consistency to the General Plan, pursuant to the terms
and provisions of California Government § 65360.
4. The Planning Commission of the City of Diamond Bar, on
May 13, 1991 conducted a duly noticed public hearing on
said Application and concluded said public hearing on
that date.
5. All legal prerequisites to the adoption of this Resolu-
tion -have occurred.
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 the Mitigated
Negative Declaration has been prepared in compliance
with the CEQA of 1970 as amended and
guidelines pro-
mulgated thereunder, and, further this Planning Commis-
sion
ommis sion has reviewed and considered the information con-
tained in the said'Mitigated Negative Declaration with
respect to'the application.
3. Based upon substantial evidence presented to this
Commission during the above -referenced May 13, 1991,
public hearing and oral testimony provided at the hear-
ing, this Commission hereby specifically finds as fol-
lows.
(a)
The project relates to a site which is comprised
of 4.70 acres of vacant land within the C -2 -BE
zone on the North side or Golden Springs Drive,
City of Diamond Bar, California.
(b)
Generally, to the north is the Pomona Freeway, to
the south is C-M-BE-U/C zone, to the east is OS
(open space) which consists of a golf course.
(c)
This property is designated by the Community Plan
for Commercialdevelopment.
(d)
The nature, condition, and size of the site has
a
been considered. The site is adequate in size to
accommodate the type of development being proposed
as depicted within Exhibits AS, A21 A3, A4, Bi, B21
B3, and B4.
(e) The Development Agreement will not have an adverse
impact on adjacent or adjoining residential
commercial uses. It will not be materially
detrimental to the use, enjoyment, or valuation of
property of other persons located in the vicinity
and the Development Agreement will not adversely
affect the health or welfare of persons residing
or working in the surrounding area.
(f) The subject property shall be maintained and oper-
ated in full compliance with the conditions of
this grant and any law, statute, ordinance or
other regulations applicable to any development or
activity of the subject property. Failure of the
permittee to cease any development shall be a vio-
lation of these conditions.
4. Based upon the substantial evidence and conclusion set
forth herein above, and conditions set forth below in
this Resolution, presented to the Planning Commission on
-,
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May 13, 1991, public hearing as set forth above, this
- Commission in conformance with the terms and provisions
of California Government Code § 65360, hereby finds and
concludes as follows:
(a) The development shall conform to all plans as sub-
mitted to and approved by the Planning Commission
labeled Exhibits A-1, A-2, A-3, and A-4, B-1, B-2,
B-3, and B-4, dated 5-13-91.
(b) This grant allows for the development of a commer-
cial project with structures equaling
approximately 19,950 square feet on a 4.70 acre
site.
(c) Revised lighting, landscaping with 24 inch box
trees throughout the parking area, irrigation, and
fencing plan (which is to surround the site) shall
be submitted to the City Planning Department and
the Director of Parks and Maintenance for review
and approval within sixty(60) days of the pro-
ject's final approval from the City Council.
(d) The subject site and landscaping shall be
maintained in good condition.
(e) The CUP and Development Review shall be required
for the proposed restaurant upon submittal of
m application.
(f) The hours of operation for the car wash and detail
bay shall be between the hours of 8 am and 6 pm.
The hours of operation for self-service gasoline
sales shall be 24 hours a day.
(g) Delivery of gasoline fuel to this site shall be
limited to between the hours of 10 pm and 6 am.
(h) A sign program for all uses on the site shall be
submitted to the City for a Development Review and
approval by the Planning Commission.
(i) The custom polish detail shop shall not include
auto body and fender work or auto paint work.
(j) All detailing functions shall take place within
the confines of the detail bays.
(k) There shall be no outdoor displays of merchandise
of any kind on this site.
(1) Outside speaker volumes shall be modulated so as
to not exceed ten decibels over ambient noise
levels at property line.
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(m} All mechanical equipment needs for all, uses on
this site shall be enclosed within the appropriate
building.p�l
(n) Water reclamation and conservation devices shall
be incorporated into the design of the car wash
and irrigation system'for landscaping.
(o) The chemicals and detergents used for cleaning of
the vehicles shall be composed of biodegradable
compounds.
(p) Petroleum waste products shall be disposed of by
appropriate methods and shall not be discharged
into the public sewer system except as allowed by
law.
(q) The proposed restaurant for this site shall be of
the size and caliber of a Marie Callender's, Hof's
Bar & Grill, or Tony Roma's.
(r) All on-site utility services shall be installed
under ground.
(s) Any work to be done within the City right-of-way
requires prior approval from the Engineering De-
partment of the City of Diamond Bar. The appro-
priate permits are to be obtained and all con-
struction is to be per City specifications.
(t) The applicant shall comply with all traffic miti-
gation conditions listed in the Revised Traffic
Report dated March, 1991 and the Traffic Analysis
Revised Site Plan dated May 3, 1991
(u) Traffic mitigation measures' fair share cost is
only determined for the intersection of Grand
Avenue and Golden Springs Drive and that is based
on estimates of 1989. This cost estimate must be
updated and fair share costs must also be devel-
oped for the left turn lane addition to the traf-
fic signal on Brea Canyon Road at Golden Springs
Drive/Colima Road. In the absence of these calcu-
lations, the fair share cost of the developer for
the intersection improvements at Golden Springs
Drive/ Grand Avenue and Brea Canyon Road/Golden
Springs/Colima Road is recommended to be $50,000.
(v) The applicant shall 'provide to the City Engineer
the necessary signal modifications which are
needed to accommodate the proposed driveway
opposite Gateway Center Drive. The applicant E"
shall also provide the necessary stripping and
signing information to incorporate this
modification.
(w) The applicant will be required to dedicate two (2)
feet of subject property along Golden Springs
Drive for street improvements.
(x) Grading pians and drainage plans shall be submit-
ted to the Planning Department and Engineering
Department for review and approval.
(y) Any broken or damaged curbs, gutters, sidewalks
and pavement on streets within or abutting this
project shall be repaired by the applicant.
(z) Occupancy of the facilities shall not commence
until such time as all Uniform Building Codes,
State Fire Marshall's regulations, and Planning
requirements have been complied with.
(aa) All special assessments, utilities, sewers or
storm drain connection fees are to be paid prior
to recordation of the Development Agreement.
(ab) The applicant shall pay for all costs associated
with plan check, review of documents, permits and
inspections required by the City of Diamond Bar.
(ac) Occupancy of the facilities shall not commence
until such time as all Uniform Building Codes,
State Fire Marshall's regulations, and Planning
requirements.
(ad) This grant shall not be effective for any purpose
until the permittee and the owner of the property
involved. (if other than the permittee) have
filed, at the City of Diamond Bar Planning Depart-
ment, their affidavit stating that they are aware
of and agree to accept all the conditions of this
grant.
5. This Commission hereby provides notice to Gary
Clapp for Toran Development that the time within
which judicial review of the decision represented
by this Resolution must be sought is governed by
the provisions of the California Code of Civil
Procedure Section 1094.6.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Reso-
lution, by certified mail, return receipt request,
to Gary Clapp at the address as set forth on the
application.
APPROVED and ADOPTED this 13TH DAY OF MAY, 1991,
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY :(�Q
David Schey, Chairma
r-
ATTEST: �1
James\ DeStefa o, Secretary
I, James DeStefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the forgoing Resolu-
tion was duly introduced, passed, and adopted by the Planning
Commission of the City of Diamond Bar, at a regular meeting of
the Planning Commission held on the 13th day of May, 1991, by the
following vote -to -wit:
AYES: COMMISSIONERS: Grothe, Lin, McBride, and Vice
. VC/Harmony
NOES: COMMISSIONERS: Chaiman Schey 'r
ABSENT: COMMISSIONERS:
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