HomeMy WebLinkAboutPC 92-19RESOLUTION NO. 92-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, APPROVING AMENDMENT (1) TO CONDITIONAL USE
PERMIT NO. 89528 FOR THE DEVELOPMENT OF A COMMERCIAL
COMPLEX TO INCLUDE A FAST FOOD RESTAURANT, AUTOMATED CAR
WASH, THE EXPANSION OF THE EXISTING DIAMOND BAR HONDA
DEALERSHIP FACILITY, AND TWO FREESTANDING SIGNS ODER SIB
(6) FEET IN HEIGHT ON A +4.8 ACRE SITE LOCATED AT THE
SOUTHWEST CORNER OF GRAND AVE. AND BREA CANYON ROAD AND
NORTH OF STATE ROUTE 60 FREEWAY, DIAMOND BAR, CALIFORNIA,
AND MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals
(i) Russell Hand, P.O. Box 4655, Diamond Bar, Los
Angeles County, CA 91765, has heretofore filed an application for
approval of an Amendment (1) to Conditional Use Permit No. 89528 as
described in the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit 89528 (1) is 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, including 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 13, 1992 the Planning Commission of the
City of Diamond Bar conducted a duly noticed public hearing on the
application, continued and concluded said public hearing on
September 28, 1992.
(v) All legal prerequisites to the adoption of this
Resolution have occurred.
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B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by !!il
the Planning Commission of the City of Diamond Bar as follows: g
1. This Planning Commission hereby specifically finds that all of
facts set forth in the Recitals, part A, of this Resolution are
true and correct.
2. The Planning Commission hereby finds that the initial study
review prepared by the City of Diamond Bar and a Negative
Declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended, and
the Guidelines promulgated thereunder,, and, further said
negative declaration reflects the independent 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
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 upon the findings and conclusion set forth herein, this
Commission, in conformance with Title 22 of the Los Angeles
County Code as heretofore adopted and amended by the City
Council, hereby finds as follows:
(a) The application applies to the
property located at Grand Ave., Brea Canyon Road and State Route 60
Freeway, also identified as Parcel Map 15625, zoned C -3 -DP -BE and
within the General Commercial land use designation, with a gross
area of 4.8 acres subdivided into four parcels, and is currently
partially developed with Diamond Bar Honda Auto Sales and accessory
facilities located on parcel No. 1; and
(b) That the requested use at the
location will not:
(i) Adversely affect the health, peace,
comfort or welfare of persons residing in the surrounding area, or y^
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en°o (ii) Be materially detrimental to the use,
yment or valuation of property of other persons located in the
vicinity of the site, or
(iii) Jeopardize, endanger or otherwise
constitute a menace to public health, safety or general welfare;
and
(c) That the proposed site is adequate in size
and shape to accommodate the yards, walls, parking facilities,
landscaping and other development features prescribed in this
approval; and
served: (d) That the proposed site is adequately
or streets of suffi
width and improved as necessary By
olcarry sthe kind and quantityent of
traffic such use would generate, and
(ii) By other public or private service
facilities as are required.
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:
F-
General Plan; (a) The project is consistent with the adopted
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the records as a
(b)wholeSubstantial tat the evidence exists, considering
project
conditioned herein, will not be detrimental to or interfere with
the adopted General Plan.
6. Based on the findings and conclusions set forth in paragraphs
1, 2, 3, 4, and 5 above, this Commission hereby approves the
application subject to the following restrictions as to use and
standard conditions contained within this document:
7. For the purpose of this Resolution, the site plan, landscape
and irrigation plan, and sign plan, as approved by the Planning
Commission on September 28, 1992, marked Exhibit "A" and date
stamped, as referenced herein shall conform to the following:
Planning Division Conditions:
1. This approval shall apply to the Amendment (1)
Conditional Use Permit No 89528 for the approved development of the
Parcel No. 2, for a fast food restaurant with drive through,
approximately 4,292 square feet and an occupancy limit of 126
persons.
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2. Fifty one (51) parking spaces shall be provided
as shown on the approved site plan. Parking and landscaping must
be provided as approved and shall be in compliance with City
requirements. Lot No. 2 is approved for 47 (9' X 91) parking��19Ido
stalls, 2 handicapped stalls, and 2 Recreational Vehicle (10' X
201) parking stalls for a total of 51 stalls. Any alterations must
be approved by the Planning Commission or its designee.
3. Materials used for the exterior finish shall be
eggshell stucco above a San Simeon base trim. The roof will be
topped with clay roof tile known as Bermuda Blend. Additional trim
will feature white gray Vermillion ceramic tile.
4. Internal direction indicators encouraging
traffic to Brea Canyon Rd exit shall be painted on drive aisles.
5. A 10' x 10' monument sign located at the Grand
Ave. entrance to the parcel, displaying the restaurant logo, is
approved as shown.
6. The parcel shall implement the approved sign
program as approved by Planning Commission and dated September 28,
1992.
7. This approval 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 Department, their affidavit stating acceptance of all
conditions of this approval. Additionally, this approval shall
conform with conditions of Parcel Map 15625.
8. The Conditional Use Permit approval shall
expire, unless extended pursuant to the City codes and ordinances,
if building permits are not issued or the approved use has not
commenced within twelve (12) months from the date of approval.
9. Occupancy of the facilities shall not commence
until such time as all Uniform Building Code, State Fire Marshall's
regulations, and the Los Angeles County Department of Health
Services regulations have been complied with.
10. A freestanding pylon sign 25 feet above top of
curb (Grand Ave.) to the highest point of the sign is approved.
The location of said sign is approved to be located on parcel No.
4. The sign shall be installed as shown on approved sign program
with fascia not to exceed 336 square feet. Remaining signage within
the center shall conform to the sign plan approved for the center.
All proposed signs must be submitted to the Planning Department for
final approval.
11. All appropriate permits shall be obtained prior
to issuance of Certificate of Occupancy.
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12. The subject parcels shall be developed,
maintained, and operated in full compliance with the conditions set
forth in this approval, the schedule of the development program as
required by code and all: laws, statutes, ordinances, or other
regulations applicable to any development or activity on the
subject parcels.
13. Notice .is hereby given that the Planning
Commission may, after conducting a public hearing, revoke or modify
this approval if the Planning Commission finds these conditions to
have been violated.
14. All conditions of approval on CUP 89528, not
amended as a part of this action, shall remain in full force and
effect.
15. The applicant shall provide a lighting plan to
the Community Development Director which exhibits a one (1)
footcandle minimum light disbursement for the entire site.
16. The applicant shall provide the City with
drawings for the Grand Ave. entrance, incorporating the driveway
entrance, a "flat" landing area, and the sidewalk area, to be
designed pursuant to the approval of the City Engineer.
8. 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, return receipt
request, to: RUSSELL HAND at their addressed as set
forth on the Application.
APPROVED AND ADOPTED THIS 12th DAY OF OCTOBER, 1992 BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR
Bruce Flamenbaum, Chairman
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I, James DeStefano, Planning Commission Secretary, 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 12thj'u�
day of October, 1992, by the following vote:
AYES: COMMISSIONERS: Grothe, McBride, Li
NOES: COMMISSIONERS: Flamenbaum
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS: Meyer
ATTEST:
J s DeStefano, Secretary
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FAW P511 WORK\R0B189528(1).RES
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