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Home My WebLink AboutPC 92-18.I.�v..IM1. MI,ln.lm dllni.Vinw�lrswuux«I RESOLUTION NO. 92-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 92-3 AN APPLICATION FOR A FAST FOOD RESTAURANT LOCATED 525 S. GRAND AVE. ON PARCEL NO.2 OF PARCEL MAP 15625, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) Russell E. Hand, P.O. Box 4655, Diamond Bar, CA 91765 has heretofore filed an application as described above in the title of this Resolution. Hereinafter in this Resolution, the project, located at address indicated in the title of this Resolution, shall be 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. 14, 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) Pursuant to the order issued by the Los Angeles County Superior Court, action was taken on the subject application as to the consistency with the General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) On July 22, 1992 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application, continued to and concluded said public hearing on October 12, 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 Planning Commission of the City of Diamond Bar as follows: 1 k 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.;V} 2. The Planning Commission hereby finds that the initial study and review prepared by the City of Diamond Bar and a Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration reflects the independant 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 J 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. 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. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on July 22, 1992, continued to and concluded on October 12, 1992, including written and oral staff reports, together with public testimony, and in conformance with ordinance No. 4 (1992) of the City Diamond Bar, hereby specifically finds as follows: a. The subject property is located, at 525 S. Grand Ave., parcel No. 2 of Parcel Map 15625 in the City of Diamond Bar and is located a adjacent to Diamond Bar Honda. b. The property is located in Zone C -3 -DP -BE and allows this use by Conditional Use Permit. The site is approximately 1.21 acres in size and has been graded. C. The applicant's request is for the construction of a fast food restaurant with drive through, approximately 4,292 sq. ft. in size. r 2 d. The property to the north is currently developed with Diamond Bar Honda Auto dealership, and the sites to south, east, and y west are currently vacant. The site can be accessed via Grand Ave. and Brea Canyon Rd. e. The subject site lies within the Diamond Bar General Plan commercial designation. The current zoning of the site is in compliance with the land use designation. f. Notification of the public hearing for this project has been made. g. The design and layout of the proposed devel- opment is consistent with the applicable ele- ments of the City's General Plan, design guidelines and architectural criteria of the appropriate district; h. The design and layout of the proposed devel- opment will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and future developments, and will not create traffic or pedestrians hazards; i. The architectural design of the proposed restaurant is compatible with the character of the surrounding current and proposed development and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the General Plan of the City; j. The design of the proposed development would provide a desirable environment for its occu- pants 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. k. The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or im- provements in the vicinity. 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: 1. This permit shall not be effective for any 3 i purpose until a duly authorized represent- ative of the owner of the property involved has filed, at the office of Diamond Bar 'r Community Development Department, his affidavit stating that the applicant is aware of, and accepts all the conditions of this permit; 2. That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property must be complied with, unless set forth in the permit and shown on the approved plans and a Development Program. must be submitted to the Community Development Director before this permit can be exercised; 3. That three copies of the revised plot plan marked Exhibit "A" and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the Community Development Director. The property shall thereafter be developed and maintained in substantial conformance with the approved plans. 4. That the applicant must, comply with all State, Zone C -3 -DP -BE, Engineering Department, and Building and Safety Department requirements. 5. This grant is valid for one year and must be exercised (i.e. construction started) within that period or this grant will expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. 6. That all grading, drainage plans and wall/fence plans shall conform to all City standards or as amended by this action. 7. All construction materials must comply with materials board approved by the Planning Commission and marked as Exhibit "A-1" and dated October 12, 1992. 8. The project must be developed in compliance with the landscape plan submitted to and approved by the Community Development Director. 6. This Commission hereby provides notice to RUSSELL HAND that 4 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 Procedures Section 1094.6 7. 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 Russell Hand at the address as set forth on the application. APPROVED AND ADOPTED THIS THE 12TH DAY OF OCTOBER, 1992 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: W L Bruce Flamenbaum, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, by the Planning Commission on the 12th day of October the following vote: AYES: COMMISSIONERS: Flamenbaum,' Grothe, Li, McBride, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: Ja s DeStefano, Secretary ROB\BKDR92-03.RES 0