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Home My WebLink AboutPC 92-12RESOLUTION NO. 92-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT 91-13, DEVELOPMENT REVIEW NO. 91- 4, AND SIGN REVIEW NO. 92-6 AND CATEGORICAL EXEMPTION, AN APPLICATION FOR TENANT IMPROVEMENT WITH INTERIOR AND EXTERIOR CHANGES INCLUDING WALL SIGNS LOCATED AT 249 SOUTH DIAMOND BAR BLVD. - LOT 1, TRACT 33851. A. Recitals 1. K -Mart Corporation has filed an application for Conditional Use Permit No. 91-13 an amendment to Conditional Use Permit No 495, Development Review No. 91-4, and Sign Review No. 92-6 located at 249 South Diamond Bar Blvd., Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review application 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. 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, ac- tion was taken on the subject Application, as to consis- tency 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 11, 1992 conducted a duly noticed continued public hearing on said Application. 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. 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 finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15061 (b) (3) of Division 6 of Title 14 of the California Code of Regulations. 3. Based upon substantial evidence presented to the Planning Commission during the above continued public hearing and oral testimony provided at the hearing, the Planning Commission hereby specifically finds as fol- lows: (a) The project relates to a shopping center site comprised of two parcels: the K -Mart retail building on a parcel of approximately 6.87; the remainder of the shopping center is on a parcel of approximately 4.00 acres within the CPD zone , on 249 South Diamond Bar Blvd., City of Diamond Bar, California. (b) Generally, to the North is the CPD zone and the Pomona Freeway; to the South is CPD zone and R -3- 1U zones (Mt. Cavalry Lutheran School); to the East is C -2 -BE zone; to the West is CPD zone and the Orange Freeway. (c) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use. (d) The Conditional Use Permit, Development Review, and Sign Review approval will not have an adverse impact on adjacent or adjoining residential uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect the health or welfare of persons residing in the surrounding area. - (e) The subject property shall be maintained and, operated in full compliance with the conditions of 2 „-7 "4 7 °1 ' n'1c �. ';'�I_ I��,�, To rx axe N � a� f 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 `m6A violation of these conditions. (f) Notification of the public hearing for this project has been made. (g) The Development Review of this project will encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets. (h) 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 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. (i) Notwithstanding any previous subsection of this Resolution, if the Department of Fish and Game require payment of a fee pursuant to section 711.4 of the Fish and Game Code, payment thereof shall j be made by the applicant prior to the issuance, -of any building permit or any other entitlement. 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 May 11, 1992, continued public hearing as set forth above, the Commission 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, Development Review, and Sign Review is based on the reasonable probability that the request considered herein will be consistent with the General Plan on the basis of review of the draft General Plan presently under going evaluation 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 same is ultimately inconsistent with the Plan because the unique physical circumstances applicable to the subject site, together with the conditions applied hereto, serve to minimize and deleterious impacts which could 3 otherwise arise. Further, this project's demonstrated compliance with all applicable requirements of State law and local ordinance in q addition to the referenced conditions serves to insure this entitlement is harmonious with and beneficial to the community. (b) The project shall substantially conform to all plans dated May 11, 1992 as submitted to and approved by the Planning Commission labeled Exhibit "A" dated May 11, 1992 and Exhibit "B" dated May 11, 1992. (c) Applicant's traffic engineer shall prepare an on- site and off-site circulation study to the satisfaction of the City Engineer within thirty (30) days of receipt of this resolution. Said study shall also include the timing and coordination analyses of the entry traffic signal on Diamond Bar Blvd. to the project site. (d) The alligator cracking of the parking lot surface of both parcels which comprise the shopping center of the subject site shall be repaired to the satisfaction of the City Engineer. The 700 required parking spaces shall be restriped to comply with the City standards. A- 0 (e) All damaged or missing trees, shrubs, and ground cover in planter areas shall be replaced to match existing. Weeds in landscape areas shall be removed. Landscape areas shall be maintained. (f) Mechanical equipment located on the roof of the K - Mar structure shall be screened from public view. (g) The Applicant shall extent red tile mansard style canopy over the K -Mart structure to match the existing canopy over the other structures in the shopping center. (h) The Applicant shall remove all existing signage. (i) The total signage which shall be permitted for the K -Mart facility is 426.37 square feet. (K -Mart Corporate sign shall be 101.25 square feet; Garden Center/Auto Service sign shall be 131.06 square feet; Pharmacy sign shall be 51.56 square feet; Little Caesar's sign shall be 142.50 square feet.) 4 (j) 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 and pay additional Planning fees. (k) This approval is valid for one year. If an extension is needed, a request, submitted in writing, to the Community Development Director shall be required before the expiration date of this approval. (1) The Planning Commission hereby specifically finds and determines that, based upon the findings set forth above, and chanes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur. (m) The Planning Commission finds that facts supporting the above specified findings are contained in the staff report and exhibits, and the information provided to this Commission during the public hearing conducted with respect to the project will be made a condition of approval of said project and are intended to. mitigate and/or avoid environmental effects identified in this project. (n) 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. (0) Any additional Planning ,fees shall be paid prior to the issuance of any building permit or any other entitlement. (p) All conditions of Conditional Use Permit No. 495, not amended or modified by this resolution shall remain in effect. 6. This Planning Commission hereby provides notice to K - Mart Corporation that the time within which judicial re- view 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 5 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 K -Mart Corporation, at the address as set forth on the application and to Core Investment Properties and Rikuo Corporation located it' 699 South Vermont, Los Angeles, CA. 90005. APPROVED AND ADOPTED THIS THE 11TH DAY OF MAY, 1992, BY THE PLANNING C,QWU-§5.10N, OF THE CITY OF DIAMOND BAR. Bruce Fly barn, Chairman Attest::ul:, 3Tmes DeStefa o, Secretary I, James Destefano, Secretary of the Planning Commission of the u; City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of May, 1992, by the following vote -to -wit: ` AYES: [COMMISSIONERS:] Flamenbaum, MacBride, Meyer, Li NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] Grothe 6 °_•r_�i �,*• .. ,,. ,-...,. �. .�ri.' L^.9,.. =-,:.. ;,, i11. !" 1 2,1 1, - r' --.. � npi ,� ..d• _r.... ,. '+4µ .71N l�, ifTi; alL �kP�a3 ��Mu !"�. s8� �4u x irk "AR",u9:hh5d Gtr:, ,a&�w,rdli