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HomeMy WebLinkAboutPC 92-04RESOLUTION NO. 92-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 91-12 (WHICH IS TO AMEND CONDITIONAL USE PERMIT NO.87-002-1) AND NEGATIVE DECLARATION NO.92-002, AN APPLICATION TO LOCATE A SPEEDEE OIL CHANGE AND TUNE-UP FACILITY ON PAD #13 AND TO ALLOW TWO (2) USES ON PAD #15 FOR A RESTAURANT AND A GENERAL RETAIL AT COUNTRY HILLS TOWNE CENTER LOCATED ON THE NORTH SIDE OF DIAMOND BAR BLVD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE. A. Recitals 1. The Wolff Company, located at 7700 Irvine Center Drive has filed an application for a Conditional Use Permit (CUP) to amend CUP No. 87-002-1 for Country Hills Towne Center located in Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Sign Review ap- plication is referred to as "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization 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. 14, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22, as amended, 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 with the Draft General Plan, pursuant to the terms and provisions of California Government S 65360. 4. The Planning Commission of the City of Diamond Bar, on February 24, 1992 conducted a duly noticed public hearing on said Appli- cation and concluded said hearing on such date. 5. All legal prerequisites to the adoption of this Resolution have TT_ �lillllllllhll occurred. B. Resolution j�d!NfNlr 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 Planning Commission hereby finds that the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, and, further this Planning Commission has reviewed and considered the information contained in the said Negative Declaration with respect to the project identified in this Resolution. 3.Based upon substantial evidence presented to this Commission during the above referenced public hearings and oral testimony provided at the hearings, this Commission hereby specifically finds as follows: (a) The project relates to a site which is comprised of 17.7 acres with retail shops, restaurants, and a cinema within the C-1 zone, on the North side of Diamond Bar Blvd, between Fountain Springs Road and Cold Springs Lane, -City of Diamond Bar, California. (b) Generally, property to the North is Single Family Residential (R-1-7,500) zone; property to the South is Residential Planned Development (RPD -1-15U) zone; property to the East is R-1-20,000 zone; and property to the West is R-1-7,500 zone which is separated form the subject site by a flood control channel. (c) The Conditional Use Permit 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 Conditional Use Permit will not adversely affect the health or welfare of persons residing or work- ing in the surrounding area. (d) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any 3 law, statute, ordinance or other regulations applicable to any development or activity of the subject property. Fail- ure of the permittee to cease any development shall be a violation of these conditions. (e) It is hereby declared that and made a condition of this permit that if any condition hereof is violated, or if any law, statue, or ordinance is violated, the permit shall <.�<..!. rbc._ , 1ARP lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. (f) Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment ',thereof shall be made by the applicant prior to the issuance of any building permit or any other entitlement. 5. 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 February 24, 1992, at the public hearing referenced herein, this commis- sion in conformance with !the terms and provisions of California Government Code § 65360, 'hereby finds and concludes as follows: (a) The granting of this Conditional Use Permit is based on the reasonable probability that the project request considered herein will be consistent with the General Plan on the basis of revs ew of the draft General Plan presently under going review by the City. There is little or no probability of substantial detriment to or interference with the finally adopted General Plan if this application is granted and the lsame is ultimately inconsistent with 1 the Plan because the unique physical circumstances applicable to the subject site, together with the conditions applied hereto, serve to minimize any and deleterious impacts! which could otherwise arise. Further, this project hasm demonstrated compliance with all applicable require Ients of State law and local ordinance in addition to the referenced conditions serves to insure this entitlement is harmonious with and beneficial to the community. (b) The development shall substantially conform to all plans dated February 24, 1992 as submitted to and approved by the Planning Commission labeled Exhibits "A" as amended herein. (c) This grant allows for the construction of a SpeeDee Oil Change and Tune-Up facility located on pad #13 and the development of two (2)-uses on pad #15 a drive-thru restaurant and general retail. (d) The Applicant shall submit a final landscape plan with additional plants required and irrigation plan within thirty (30) days of receipt of the certified copy of this resolution and prior to the issuance of Building Permits, for the review and approval by the Planning Division. (e) The Applicant shall provide a sidewalk from Fountain Springs Road to the parking area below. The sidewalk shall be brought completely around the corner to neet the exisiting bominite crosswalk. r:�ll��r (f) Fountain Springs' Road driveway shall be utilized for a,,� ingress only. The Applicant shall provide required signage and required striping for this change to the specifications of the City Engineer. (g) The nature of SpeeDee business shall be preventive maintenace only and exclude tools which are operated by air compression. Major repair work shall not be allowed. All .maintenance shall be completed within the SpeeDee structure and shall not contribute to an increase in noise or excessive fumes. (h) The Applicant shall restripe the parking spaces, to City specification, located at the rear of the cinema. The Applicant shall -also install additional lighting in this area to insure the safety of patrons. (i) operation of the SpeeDee facility shall be limited between the hours of 8 a.m. and 5:30 p.m. Monday through Saturday For the purpose of shared parking, SpeeDee shall allow theater parking on pad #13 during the hours that SpeeDee is closed and shall install a sign stating this fact. (j) The Applicant shall install additional signage indicating that additional parking is provided at the rear of the Ga'i center behind the cinema. The appropriate location for these signs shall be approved by the Planning Director. (k) Pad #14 shall be reduced by 607 square feet (from 5,076 square feet to 4,469 square feet) so as not to exceed the original approval of total building area for Cup 87-002. (1) Applicant shall obtain proper permits for this project as required by the City of Diamond Bar and pay an additional processing fee to the Planning Division. (m) The development approved by this Resolution shall be substantially completed within one (1) year of date of approval. A year extension may be requested in writing prior to the expiration day of this grant. (n) 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, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. (o) The Planning Commission hereby specifically finds and determined that, based upon the initial study, findings set forth, and conditions applied to this application, the proposed Conditional Use Permit will not have a significant adverse effect on the environment. 4 s'a�i�:.Yt,i;'fi4^a"GS:ttl.tiu�:�i'la#b"e`",;. .. (p) The Planning Commission finds that facts supporting the �T above specified findings are contained in the Negative Declaration, the Staff Report and Exhibits, and the information provided to this Commission during the public hearing conducted with respect to the project and the Negative Declaration, mitigation measures have been made a condition of approval of said project which mitigate and/or avoid environmental effects identified in the Negative Declaration. (q) The Planning Commission hereby finds the Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder. Further, this Commission has reviewed and considered the information contained in said Negative Declaration and effects will occur with respect to the project identified, in this Resolution, and that the project will not individually or cumulatively have and adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. (r) All conditions of Conditional Use Permit No. 87-002-1 shall remain in effect unless superseded by Conditional Use Permit No. 91-12. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to The Wolff Company, at the address as set forth on the application. APPROVED AND ADOPTED TgfS TUE 24X AY OF FEBRUARY, 1992. PLANN d5MNISSION��6h.. '.l,Fii" CI,T-4-.01' DI ND BAR. 's "f Jack r C' firman ,�, ATTEST �� ?� James DeStefano, Secretary I I, James Destefano, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 24th day of February, 1992, by the following vote -to -wit: AYES: [COMMISSIONERS: ] Grothe, Harmony, Flamenbaum NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS: ] Schey ABSTAINED: [COMMISSIONERS:] MacBride