HomeMy WebLinkAboutPC 93-26PC RESOLUTION NO. 93-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
., DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 93-6 AN
APPLICATION TO ESTABLISH A RETAIL PET STORE WITHIN AN
ENCLOSED BUILDING INCLUDING PET SALES, GROOMING, AND
VETERINARY CLINIC, LOCATED AT 21050 GOLDEN SPRINGS DRIVE,
DIAMOND BAR, AND MAW NG 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".
(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
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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
u. application, within the City of Diamond Bar.
(iii) The City of Diamond Bar lacks on operative General Plan. 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 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 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.
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2. The Planning Commission hereby fmdi 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, 1970,LIN!
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 on July 26, 1993, and concluded on that
date, including written and oral staff reports, together with public testimony, and
in conformance with the terms and provisions of Ordinance No. 4 (1992) of, the
City of Diamond Bar, 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;
(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) Tfie 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;
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(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 site is sufficient in size and can provide adequate ingress
and egress to allow the development compatible with the
surrounding current land uses.
(f) The subject site lies within the Diamond Bar draft General
Plan "Commercial" land use designation. The current zoning
of the site is consistent with the land use designation.
(g) Notification of the public hearing for this project has been
made in the San Gabriel Valley Tribune and the Inland Valley
Daily Bulletin newspapers on July 5, 1993. Notification to
property owners within a 500 foot radius was mailed on July
2, 1993.
(h) The design and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of the
neighboring existing and contemplated future developments,
and will not create significant pedestrians hazards;
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(i) The conceptual architectural design of the proposed complex
is compatible with the character of the surrounding
development and will maintain the harmonious, orderly, and
attractive development contemplated by the Development
Review Ordinance and the proposed General Plan of the City;
0) 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 and will promote these goals.
(1) The subject site is adequately served by Golden Springs Drive
and Grand Avenue and all required public and private
services. The site is physically suitable for the development.
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(m) The nature, condition, and size of the site is adequate in size
to accommodate the project.
5. 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:
CONDITIONS OF APPROVAL
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 Planning Division of the Community Development Department the
Affidavit of Acceptance and accepts all the conditions of this permit;
2. That the applicant must comply with all federal, state, Zone C -2 -BE
(Neighborhood Business Zone -Billboard Exclusion), Community
Development Department and Public Works Department requirements.
3. That three copies of the elevations, floor plans, site plans, hours of
operation, employee parking plan, similar to that presented at the July 26,
1993 public hearing, date stamped and marked Exhibit "A" and
conforming to such of the following conditions as can shown on a plan,
shall be submitted for approval of the Community Development- Director. µ
The property shall thereafter be developed and maintained in substantial
conformance with approved plans and schedule of activities.
4. Reduce the use of natural gas and electricity and use energy conserving
design and materials according to established standards to be reviewed by
the City's Building Official.
5. 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.
6. The property 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 a 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
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insure that the waste contractor utilized has obtained permits from the City
of Diamond Bar to provide such services.
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7. No signs are approved as a part of this approval. All signs must be
submitted to the City under separate application and must comply with all
" standards in effect at the time of application.
8. This grant is valid for two (2) years and must be exercised (i.e.
construction initiated) within that period or this grant will immediately
expire. A one year extension may be requested in writing and submitted to
the City no later than 30 days prior to the expiration date.
9. All business licenses which are required for this use must be obtained prior
to opening for business. All such licenses must be renewed as appropriate
and noncompliance with this condition is grounds for revocation of this
grant.
10. The City reserves the right to review the Conditional Use Permit, and any
amendment thereto at a public hearing, at any time and modify the
conditions herein listed, as deemed appropriate.
ENGINEERING DEPARTMENT CONDITIONS
11. Applicant shall install additional lighting in the rear of the shopping center
g to insure the safety of personnel.
12. Applicant shall repair all damaged sidewalks in and adjacent to the lot to
the specifications of the City.
13. Applicant shall paint Fire Lane legend in parking area, to the specifications
of the Fire Department.
14. Applicant shall remove graffiti from all utility boxes and trash enclosures
on the lot and repaint same with anti -graffiti paint.
15. Applicant shall remove graffiti from existing retaining walls on the south
and west side of lot. Proposals for protecting these existing retaining walls
on the south and west side of lot from graffiti should be submitted to the
City.
16. Landscaping behind south retaining wall needs to be maintained and
brought into compliance "with City standards.
17. Establish that parallel parked cars and delivery trucks will be able to use
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3716" wide driveway on south side of the buildings "A -C", safely.
18. This permit is granted in conjunction with Development Review No. 93-3
and shall be of no force and effect upon expiration of the development
review 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 26TH' DAY OF JULY, 1993 BY THE
PLANNING COMIYIISSION OF THE CITY OF DIAMOND BAR
rman
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 26th
day of July, 1993, by the following vote:
AYES: COMNIISSIONERS: Flamenbaum, Li, and Meyer
NOES: COMMISSIONERS:
ABSENT: COMIVIISSIONERS: Plunk
ABSTAIN: COMNIISSIONERS• Prothe
ATTEST:
Jam De5tefano, Secreta -,y
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