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Home My WebLink AboutPC 93-08f ` RESOLUTION NO. 93-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 92-6 AND NEGATIVE DECLARATION NO. 93-1, AN APPLICATION TO CONSTRUCT A CHILDREN'S PLAY AREA TO AN EXISTING QUICK SERVICE RESTAURANT IDENTIFIED AS CARL'S JR., LOCATED AT 141 S. DIAMOND BAR BLVD. A. Recitals 1. Mike Calahan, Remodel Construction Supervisor of Carl Karcher Enterprises, Inc. has filed an application for Development Review No. 92-6 to construct a children's play area with supervisory seating to an existing quick service restaurant identified as Carl's Jr. located 141 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. 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. 14 (1989), 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission' of the City of Diamond Bar, on February 22, 1993 conducted a duly noticed public hearing on said Application. The public hearing was continued to March 8 and to March 22, 1993. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 I,I'�Illi�� fI�� u R 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 certifies that an Initial Study and Negative Declaration were prepared which analyze this Application and that said Initial Study and Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning Commission further certifies that said.Initial Study and Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and that the City Council has reviewed and considered the information contained in said Initial Study and Negative Declaration. 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 as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the 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 the provisions of the paragraph, the Applicant shall pay all fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any future building permits. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, in conformance with Ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately .60 acres developed with an existing quick service restaurant identified as Carl's Jr. within the Commercial Planned Development (CPD) zone. The 2 subject site has a General Plan designation of General Commercial (C)) and is located at 141 S. Diamond Bar Blvd., City of Diamond Bar, q -f California. (b) Generally, the following land uses and zoning surround the subject site: to the north is the ~ Pomona Freeway; to the south is the CPD zone; to the east is Neighborhood Business -Billboard Exclusion (C -2 -BE) zone; and to the west is the CPD and Limited Multiple Residence -15 Units per Acre (R -3-15U) zones. (c) The subject site for the project is adequately served by Diamond Bar Blvd and Gentle Springs Lane. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the project. (e) Substantial evidence exists, considering the record as a whole, to determine that the proposed project will not be detrimental to or interfere with the contemplated General Plan. F - (f) Approval of this project will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. (g) Approval of the design and layout of the project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (h) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain, the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) . (i) The design of this project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of material's, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 3 (i) Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and 'the Inland Valley Dailv Bulletin newspapers on February 4, 1993. Notification of i, 14 property owners within a 500 foot radius of the project site was mailed on February 2, 1993. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, and 4 and conditions set forth below in this Resolution presented to the Planning Commission on March 22, 1993 continued public hearing as set forth above, the Planning Commission hereby approves this'Application subject to the following conditions: (a) The project shall substantially conform to plans labeled Exhibit "A" dated February 22, 1993. (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlements granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The Applicant shall maintain no fewer than forty (40) standard size parking stalls on the subject site. (d) This Development Review grant shall not be deemed valid, no rights shall be exercised thereunder, and no building permits shall be issued in connection therewith unless an off-site Parking Permit for six (6) spaces pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code as adopted by the City has been obtained. (e) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall install a six -place bicycle rack on site. The Applicant shall submit, within 30 days of approval a° 4 Nri 11AAN - - _'__ -._ �—.:.. ., .. �. .. Mwvmmu.m „,,.., .,.„ .x�c �v-�axm �e..�-• ••-• -_ -t-. _r. .d. M.Irv+*inu lW,I.IrvlktwnlwuAa,ll�ml. -.__ ___. _ __ __- _ of this resolution, a revised site plan indicating the location of the bicycle rack for review and approval by the Planning Division. (f) Unless otherwise required pursuant to Part 7, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, the Applicant shall provide ride -sharing incentives for its employees. The Applicant shall submit in writing, within 30 days of approval of this resolution, ride -sharing incentive program for review and approval by the Planning Division. (g) The Applicant shall eliminate the entrance/exit gate located on the west side of the play area and relocated the benches as per the requirements of the Building and Safety Division. The Applicant shall submit, within 30 days of approval of this resolution, a revised floor plan indicating the changes for review and approval by the Planning Division. (h) The Applicant shall provide landscape and irrigation plans for the play area. The Applicant shall submit, within 30 days of approval of this -, resolution, the landscape and irrigation plans for review and approval of the Planning Division. � (i) All conditions of Conditional Use Permit No. 492- (1) shall remain in effect unless superseded by Conditional Use Permit No. 93-1 and Development Review No. 92-6. (j) The Applicant shall obtain proper permits for this project as required by the City of Diamond Bar. (k) This grant is valid for one year and must be exercised (i.e. construction) 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 of this grant. (1) 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. Further, this grant shall not be -' effective until the permittee pays remaining City processing fees. Ld (m) This grant shall not be effective unless Conditional Use Permit 93-1 which is being processed concurrently herewith is approved. ni;l,ly, The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Mike Calahan, Carl Karcher Enterprises, Inc., 222 S. Harbor Blvd., Anaheim, California, 92805. APPROVED AND ADOPTED THIS THE 22ND DAY OF MARCH, 1993, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Bruce Flamenbaum, Chairman 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, at a regular meeting of the Planning Commission held on the 22nd day of March, 1993, by the following vote: AYES: [COMMISSIONERS:] Flamenbaum, Meyer, Plunk NOES: [COMMISSIONERS:] Grothe ABSENT: [COMMISSIONERS:] Li ABSTAIN: [COMMISSIONED: i ATTEST: J eStefano, Secretary 6 ��, .,. <....A�.. .,. .. P � T _ u