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Home My WebLink AboutPC 93-25PC RESOLUTION NO. 93-25 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 93-3 AN APPLICATION FOR AN ADDITION OF APPROXIMATELY 8,400 SQUARE FEET AND ARCHITECTURAL FEATURES AS PART OF A THREE PHASE LOCATED 21050 GOLDEN SPRINGS DRIVE, DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The applicant's agent, Kurt, D. Reed Assoc., Inc., 3260 N. Hayden Rd., #108, Scottsdale, AZ, has heretofore filed an application for the applicant, PETsMART, 10000 N. 31st Ave., C-300, Phoenix, AZ., 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". T, (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 draft General Plan, pursuant to the terms and provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (iv) On July 26, 1993 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded said public hearing on that date. (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 I City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the��I�I'�'!�"�' Recitals, Part A, of this Resolution are true and correct. k: 2. The Planning Commission hereby finds that the 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. 3. The Planning Commission hereby specifically finds and determines that, based upon 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, no significant adverse environmental effects will occur. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on July 26, 1993 and concluded on that date, including written and oral staff reports, together with public testimony, and in con- formance 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 21050 Golden Springs Drive, in the City of Diamond Bar and is located to the west and north of single family residential development, with multi -family residential development to the west, and commercial development the north;d b. The property is located in Zone C -2 -BE and allows this use by Conditional Use Permit. The site is approximately 9.7 acres in size and is developed with various. retail uses including restaurants and a supermarket and medical professional office uses; C. The applicant's request is for the renovation of and an to addition to an existing structure, building "C", which will total approximately 8,398 sq. ft. at the conclusion of the three phase development; d. The property to the north is currently developed with a gas station and fast food development, single family residential development to the east and to the south, and multi -family residential development to the west; e. The subject site lies within the Diamond Bar draft General Plan "Commercial" land use designation; The current zoning of the AA 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 development is consistent with the applicable elements of the City's draft General Plan, design guidelines and architectural criteria of the appropriate dis- trict; h. 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; i. 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 draft General Plan of the City; j. The design of the proposed development 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. k. The proposed use will not be detrimental to the public health, safety or welfare or be materially injurious to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the Planning Commission hereby approves the application subject to the following conditions: 1. This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed, at the office of Diamond Bar 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 un- derlying zoning of the subject property must be complied with, unless set forth in the permit and shown on the approved plans and submitted to the Community Development Director before 3 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 d!iui 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 -2 -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. All construction materials must comply with materials board approved by the Planning Commission and marked as Exhibit "A- 1" and dated July 26, 1993. . 7. 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. 8. Roof finish material shall have a uniform color so as to reduce reflectivity. Additionally, all roof mounted equipment must be painted a color to match the roof finish material. - 9. Roof mounted equipment shall be hidden behind building parapets so as not to be visible from surrounding streets, drives or adjacent buildings on a horizontal sight line. 10. Where roof mounted equipment is not hidden from view by the building parapet, a screen must be constructed using materials complimentary with existing buildings in the area. The design of the screen will be integrated into the overall architectural design of the building. The inside surface of the screen shall be finished a grey color to match the roof finish material. 11. All parking areas shall be lighted to a 1 candle foot minimum 4 level of illumination so as encourage utilization of the new parking spaces by employees. 12. This granted in conjunction with Conditional Use Permit No. 93- 6 and shall be of no force and effect upon expiration of the conditional use permit listed above. 6. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, to Kurt D. Reed Assoc., Inc. and PETsMART at the addresses as set forth on the application. APPROVED AND ADOPTED THIS THE 26TH DAY OF JULY, 1993 BY THE PLANNING coi Stw OF THE CITY OF DIAMOND- BAR. �W4,lChairman 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 26th day of July, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Li, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Plunk ABSTAIN: COSSIO Grothe ATTEST: J es DeStefano, Secrete ry I 5