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HomeMy WebLinkAboutPC 92-01RESOLUTION NO. 92-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA AMENDING CONDITION NO. 11 TO ALLOW A NIGHT CLUB WITH LIVE ENTERTAINMENT FOR A RESTAU- RANT PROJECT APPROVED VIA CONDITIONAL USE PERMIT NO. 90- 70 AND LOCATED IN GATEWAY CORPORATE CENTER, AT 21671 GATEWAY CENTER DRIVE, DIAMOND BAR, CALIFORNIA, AND MAK- ING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) AR Investments, Inc., 1135 S. Sunset Ave. Ste. 308, West Covina, California, has heretofore filed an application for approval of an amendment to Conditional Use Permit 90-70 as de- scribed in the title of this Resolution. Hereinafter in this Res- olution referred to as "the application". (ii) On April 18, 1989, the City of Diamond Bar was established 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 its 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, in- cluding the subject application, within the City of Diamond Bar. (iii) 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 proposed General Plan, pursuant to the terms and provisions of California Government Code Section 65360. (iv) On August 25, 1991, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on January 13, 1992. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Plan- ning 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 City Planning Commission hereby finds for a Negative Declaration in compliance with the Cali- fornia Environmental Quality Act of 1970, as amen- U:1 men- ded, and the Guidelines promulgated thereunder, r7 and further, this Planning Commission has reviewed and considered the information in reference to the application. 3. The Planning Commission hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. Based on the substantial evidence presented to this Commission during the above -referenced public hearing on August 26, 1991, and concluded on Janu- ary 13, 1992, including written and oral staff re- ports, together with public testimony, and in con- formance with the terms and provisions of Califor- nia Government Code Sections 65360, this Commis- sion hereby specifically finds as follows: 1. The subject site is approximately 2.5 acres in size and is located at 21671 East Copely Drive in the Gateway Corporate Center. 2. The site has been approved for a restaurant, approximately 9,000 square feet in size, via Con- ditional Use Permit 90-70 granted by the Planning Commission on August 27, 1990. 3. The property to the east is developed with a hotel, Days Inn, and lies on an approximately two (2) acre lot. 4. The properties to the east and west are cur- rently vacant and no development projects have been submitted to the City. The northern boundary of property fronts onto Golden Springs. 5. The design and layout of the proposed devel- opment is consistent with applicable elements of the Gateway Corporate Center design guidelines and the live entertainment request will not conflict with the character of center's development. 6. The requested use will not affect the integri- ty of the restaurant use or the enjoyment of the adjacent property owners. 7. The requested use will not create additional traffic or pedestrian hazards. 8. The proposed use will not affected the design or the layout of the previously approved restau- rant project and the project will remain harmoni- ous with the current and proposed land uses. 9. The proposed development will not be detrimen- tal to the public health, safety, or welfare or materially injurious to the properties or improve- ments in the vicinity. 10. 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 the ordi- nance in order to integrate said use with the uses in the surrounding area; Granting the proposed conditional.use permit with conditions and restrictions hereinafter mentioned will not be in substantial conflict with any com- ponents of the proposed General Plan; The proposed site has adequate traffic access and said site is adequately served by other public or private service facilities which it requires, and; The location of the proposed land use does not adversely affect the health, peace, comfort or welfare of persons residing or working in the sur- rounding area, and will not be materially detri- mental to the use, enjoyment, or valuation of pro- perty of other persons located in the vicinity of the site, and will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to the following restrictions as to use: 1. The approval is granted for restaurant, with usable space not to exceed 9,865 square feet, with roof -top level assembly and dining area maximum 440 square feet is permitted and, a) the total occupancy of the structure shall not exceed 285 and, b) that the parking and entryway to the str- ucture permit ease of entry to the elderly, the infirmed, and the handicap. 2. Colored elevations reflecting the approved project and materials to be utilized shall be submitted to the Planning Department along with the approved materials board. The res- -..-----raw._ - .�_��..._,_..... _�......_.__,ir..x...�..- I -^-`^'- - -_- taurant shall be constructed in conformance with the approved plans marked Exhibit "B". 3. Parking shall number no less than 105 parking spaces with no less than two (2) handicapped spaces and a maximum of 26 compact spaces as illustrated on the approved site plan. 4. The final landscape plan is to be submitted to the Director of Planning for final appro- val and shall be in substantial compliance with the preliminary landscape plan approved by the Planning Commission in accord with the Gateway Design Guidelines and shall be main- tained to the satisfaction of the Director of Parks and Maintenance. 5. A lighting plan shall be submitted to the Planning Department displaying location and illumination output and shall be in compli- ance with the Gateway Design Guidelines. 6. No signs are approved as part of this appli- cation and all signs must be submitted to the Planning Department for approval. No art features are to be attached to the exterior of the restaurant without Planning Commission approval. 7. Walkways shall be constructed from the wes- tern parking area to the front entrance of the restaurant. Creation of a walkway design to provide access between the hotel (Days Inn) on Parcel Number 3 and the restaurant shall be completed, and good faith efforts to accomplish said design shall be made, to the satisfaction of the Planning Director. 8. The appropriate number and location of the fire hydrants shall be provided to the satis- faction of the Los Angeles County Fire De- partment. 9. The appropriate driveway approach and turning radius shall be constructed at the entrance of the site to the satisfaction of the City Engineer. 10. The restaurant shall utilize double -glazed windows and a shade structure on the southern - building elevation as an energy saving design element. 11. The restaurant is approved for a night club with live entertainment. The applicant shall obtain all of appropriate business licenses from the County of Los Angeles, or its suc- cessor, and to return to the Planning Commis- sion for review prior to exercising the grant embodied within this condition. 12. The balance of the site not used for the res- taurant as shown on the approved site plan, or for parking in conjunction with the rest- aurant, shall be maintained as landscaped open space. Subdivision of the subject par- cel in the future shall be prohibited thereby maintaining the current floor area ratio. 13. The permit shall be exercised within one (1) year of the date of this approval. 14. The applicant shall comply with all Building and Safety, CM Zone, and Gateway Corporate Center Design Guidelines. 15. All construction materials, colored surfaces and traffic circulation shall be consistent with the approved plans. 16. Hours of operation for the restaurant are permitted to be from 6 a.m. to 2 a.m., Mon- day through Sunday. 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, to AR Investments at the address as set forth on the application. APPROVED AND ADOPTED THIS THV13TH DAY OF JANUARY, 1992 BY THE PLANNING COMM SION E CIT_r OF DIAMOND BAR. BY: ck Grothe, Tsairl"n ATTEST DeStefano, Secretary I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolu- tion was duly introduced, passed, and adopted by the Planning Com- mission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of January, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Flamenbaum, Grothe, Harmony, Schey MacBride