HomeMy WebLinkAboutPC 93-15RESOLUTION NO. 93-15
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING CONDITIONAL
USE PERMIT NO. 91-12(1), AN APPLICATION TO
AMEND CONDITIONAL USE PERMIT NO. 91-12 AND
DEVELOPMENT REVIEW NO. 93-2, AN APPLICATION
TO CONSTRUCT A RESTAURANT WITH A LOUNGE AND
PATIO DINING, AND MITIGATED NEGATIVE
DECLARATION NO. 93-6 LOCATE AT 2757 SO.
DIAMOND BAR BOULEVARD WITHIN THE COUNTRY
HILLS TOWNE CENTER (PAD #15, LOT 15 OF TRACT
No. 18722).
A. Recitals
1. Hamburger Hamlet has filed an application for a
Conditional Use Permit No. 91-12(1) amending Conditional
Use Permit No. 91-12 to permit a restaurant with a
lounge and patio dining on a developable pad that was
previous approved for a drive-thru restaurant and retail
shops and Development Review No. 93-2 for construction
of the restaurant on Pad #15, Lot 15 of Tract No. 18722
located 2757 So. Diamond Bar Boulevard, Diamond Bar, Los
Angeles County, California, as described in the title of
this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit and Development Review
applications are collectively referred to as the
"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 contain 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.
B.
4. The Planning Commission of the City of Diamond Bar, on
May 24, 1993 conducted a duly noticed public meeting on HUI
saidApplication.
5. Notification of the public hearing for this project has
been made in the San Gabriel Valley Tribune and the
Inland Vallev Daily Bulletin newspapers on April 28,
1993. Ninety-two property owners with in a 500 foot
radius of the project site were notified by mail on
April 27, 1993.
6. All legal prerequisitesto the adoption of this Resolu-
tion have occurred.
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 that Mitigated
Negative Declaration No. 93-6 has been prepared in
compliance with the California Environmental Quality Act
of 1970, as amended, and the guideline promulgated
thereunder, and further, this Planning Commission has
reviewed and considered the information contained in
said Mitigated Negative Declaration and, based thereon,
further specifically finds and determines that, based
upon its independent judgement, the findings set forth
below, and changes and alterations which have been
incorporated into and conditioned upon the proposed
project, no significant adverse environmental effects
will occur.
3. The Planning Commission hereby specifically finds and
determines that, having considered the record as a
whole, 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 this Planning Commission, the Planning
Commission hereby rebuts the presumption of adverse
effect contained in Section 753.5 (d) of Title 14 of the
California Code of Regulations. Notwithstanding the
provisions of this paragraph, the Applicant shall pay
all fees required for the filing of a Notice of
0a
Determination and any other fees imposed by the
California Department of Fish and Game prior to the
issuance of any 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 parcel of 15,999 square
feet with a developable pad of 7.030 square feet
within an existing retail shopping center of
approximately 17.7 acres identified as Country
Hills Towne Center located at 2757 So. Diamond Bar
Boulevard, City of Diamond Bar, California 91765.
The project site is locate within the Restricted
Business Zone (C-1) with a draft General Plan Land
Use designation of General Commercial (C).
(b) Generally, the proposed project is surrounded by
the following zones; to the north and west is the
Single Family Residential Zone -minimum lot size
7,500 square feet (R-1 7,500); to the south is the
Residential Planned Development Zone -15 units per
acre (RPD -15U); to the east is Single Family
Residential Zone -minimum lot size 20,000 square
feet (R-1-20,000).
(c) In accordance with the procedures set forth in
Ordinance No. 4 (1992), substantial evidence
exists, considering the record as a whole, to
determine that the project, as proposed and
conditioned herein, will not be detrimental to or
interfere with the General Plan adopted or under
consideration by the City.
(d) The nature, condition, and size of the site has
been considered. The site is adequate in size to
accommodate the proposed development.
Conditional Use Permit:
(e) Pursuant to the provisions of Ordinance No. 4
(1992), the proposed project will not be in
substantial conflict with the policies of General
Plan adopted or under consideration by the City.
(f) The proposed project will not adversely affect the
health, peace, comfort or welfare of persons
residing or working in the surrounding area.
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(g) The proposed project will not be materially
detrimental to.the use, enjoyment or valuation of 01�1
property of other persons located in the vicinity of the subject site.
(h) The proposed project will not jeopardize, endanger
or otherwise constitute a menace'to public health,
safety or general welfare.
(i) The proposed project site is adequately served by
Diamond Bar Boulevard.
Development Review
(j) The design and lay out of the proposed project is
consistent with the applicable elements of the
General Plan, adopted orunderconsideration by
the City and pursuant to the provisions of
Ordinance No. 4 (1992), design guidelines of the
appropriate district, and any adopted
architectural criteria for specialized area, such
as designated historic districts, theme areas,
specific plans, community plans, boulevards, or
planned developments.
(k) The design and layout of the proposed development
will not unreasonably interfere with the use and
enjoyment of neighboring existing or future
developments,and will not create traffic or
pedestrian hazards.
(1) The architectural design of the proposed project
is compatible with the character of the
surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by Development Review Ordinance No. 5
(1990).
(m) The design of the proposed project 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 aesthetically appealing and
will retain a reasonably adequate level of
maintenance.
(n) The proposed project will not be detrimental to
the public health, safety or welfare or materially
injurious to the properties or improvements in the
vicinity.
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5. Based upon the findings and conclusion set forth in
paragraphs 1, 2, 3, and 4, above, the Planning
Commission, hereby approves this application subject to
-y the following conditions:
(a)
The project shall substantially conform to the
site plan, floor plan, elevations, and landscape
plan labeled collectively as Exhibit "A" dated May
24, 1993 as submitted to and approved by the
Planning Commission.
(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
( )
A shall
Applicant pp provide an enclosed recycling bin.
Within 60 days of approval of this grant, the
Applicant shall submit to the City for review and
approval a revised site indicating the location of
the recycling bin.
(d)
The hours of operation for the restaurant shall be
Sunday through Thursday 11 a.m. to 11 p.m. and
Friday through Saturday 11 a.m. to 2 p.m.
(e)
Deliveries shall not occur between the hours of 6
p.m. and 8 a.m.
(f)
Applicant shall provide verification in writing
from Southern California Edison Company permitting
construction of permanent structures within the
Edison easement prior to the issuance of a
building permit.
(g)
Applicant shall comply with the City's Noise
Ordinance.
(h) Applicant shall obtain all required permits from
South Coast Air Quality Management District before
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the issuance of a Certificate of Occupancy from
the City.
(i) Applicant shall be prohibited from utilizing the
drive -way located in the rear portion of Pad #15
for vehicles.
(j) Applicant shall comply with the State handicapped
and American Disabilities Act requirements.
(k) Subject to the review and approval of the Building
Official, the Applicant shall provide a second
exit from the lounge area. Within 60 days of
approval of this resolution, the Applicant shall
submit a revised site for review and approval by
the City.
(1) Applicant shall comply with all Planning, Zoning,
Engineering, and Building and Safety requirements.
(m) Applicant shall comply with any subsequent adopted
Planned Sign Program for the retail shopping
center.
(n) 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.
(o) The -subject property shall be maintained and
operated in full compliance with the conditions of
this grant and any law, statute, ordinance or
other regulations applicable to any development or
activity on the subject properties.
(p) This grant shall be valid for one year and must be
exercised (i.e. substantial construction including
but not limited to grading, footings, foundations
etc.) 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.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
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(b) Forthwith transmit a certified copy of this Resolution,
by certified mail to: Hamburger Hamlet, 14156 Magnolia
Blvd., Sherman Oaks, CA 91243.
APPROVED AND ADOPTED THIS THE 24TH DAY OF MAY, 1993, BY
THE PLANNING---00"I.11v1-1SSION OF THE CITY OF DIAMOND BAR
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 24th day of May,
1993, by the following vote:
AYES: [COMMISSIONERS:) Flamenbaum, Meyer, Grothe, Plunk
NOES: [COMMISSIONERS:] None
ABSENT: [COMMISSIONERS:] None
ABSTAIN: [ OMM{{ISSI IBJ Li
ATTEST:
J; al, DeStefano, Se/retary
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