Loading...
HomeMy WebLinkAboutPC 92-23RESOLUTION NO. 92-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 92-5 AN APPLICATION FOR A CONVENIENCE STORE WITH GASOLINE SALES LOCATED 3302 S. DIAMOND BAR BLVD., DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) The applicant's agent Gary Simning 25051 Grissom Rd., Luguna Hills, CA has heretofore filed an application for the applicant, Atlantic Richfield, 17315 Studebaker Rd., Cerritos, CA, 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 appli- cation". (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 August 24, 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. This Planning Commission hereby specifically finds that all of facts set forth in the Recitals, Part A, of this Resolution are true and correct. � 1 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 LIA 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 on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened o-M1G+ on August 24, 1992, continued to and concluded on October 12, 1992, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360, the Planning Commission hereby specifically finds as'follows: (a) The subject property is located at 3302 S. Diamond Bar Blvd., in the City of Diamond Bar and is located adjacent to SR 57 to the west, an office building to the south, and commercial, development the north. An undeveloped parcel of land is located east of the site; (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 (ii) Be materially detrimental to the use, enjoyment 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 2 (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 (d) That the proposed site is adequately served: (i) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and (ii) By other public or private service facilities as are required. (e) The property is located in Zone CPD and allows this use by Conditional Use Permit. The site is approximately .89 acres in size and is developed with a Arco gasoline service station; (f) The applicant's request is for the demolition of a existing structure and the construction of a new 2,770 sq. ft. AM -PM Mini Mart building; (g) The property to the north is currently developed with a gas station and commercial development, vacant property to the east, a professional office building to the south, residential development to the southeast, and the SR 57 to the west; I (f) The subject site lies within the Diamond Bar General Plan office professional designation; The current zoning of the site is in compliance with the land use designation; (h) Notification of the public hearing for this project has been made; (i) The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines and architectural criteria of the appropriate district; (j) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; (k) The architectural design of the proposed convenience store 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; (1) The design of the proposed development 3 711 _ ----- - would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically6 appealing pp g -,and will retain a reasonably adequate level of maintenance. 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with the General Plan, hereby finds as follows: (a) The project is consistent with the adopted General Plan; (b) Substantial evidence exists, considering the records as a whole, to determine that the project, as proposed and 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: 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 Conditional Use Permit No. 92-5 for the construction of a convenience store approximately 2;700 square feet in size, with gasoline and alcohol sales. "i 2. Fourteen (14) 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 j requirements. All parking stalls are to be a minimum size of 9'X19'. 3. A 13' x 515 1/2" monument sign located at the Diamond Bar Blvd. for the display of AM -PM logo and gasoline y7 prices is approved as shown. 4. The project shall implement the approved sign n plan as approved by Planning Commission and dated October 12, 1992. 5. 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 r, 4 j al„Vryk. EJl .u3in. ^_`i.'GUCANV3it"_ Bar Planning Department, their affidavit stating acceptance of all -' conditions of this approval, 6. The Conditional Use Permit approval shall expire, unless extended pursuant to the City codes and ordinances, if building permits are not issued or approved use has not commenced within twelve (12) months from the date of approval. 7. 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. 8. All appropriate permits shall be obtained prior to issuance of Certificate of Occupancy. 9. 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. 10. 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 i conditions to have been violated. 11. Notwithstanding any previous Subsection of this Resolution, if the Department of Fish and Game requires payment of a fee pursuant 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. 12. If the project is abandoned for more than 180 consecutive days, that all underground storage units shall be removed from the site and all necessary remediation work must be initiated. 13. The traffic impact fees, per the Negative Declaration, shall be paid as required by the Public Works Director. 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: Gary Simning and Atlantic Richfield f—, at the address as set forth on the Application. j 5 APPROVED AND ADOPTED THIS 12th DAY OF OCTOBER, 1992 BY THE PLANNING COMMISSION OF THE CITY -OF DIAMOND BAR 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 of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 12th day of October, 1992, by the following vote: AYES: COMMISSIONERS: Grothe, Li, McBride, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Flamenbaum ATTEST: Jam DeStefano, Secretary,, F:\WP5MW0PMR0MAWMCUP.RES 6 11 .., , r a I �... , ,.i_..r., � e11,l� _.,_,._, 1, 11 w f41r .�,4 i',I'a ^)i�� 4"u[^.A. H...,N.�,rI