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HomeMy WebLinkAboutPC 94-05PC RESOLUTION NO. 94-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 89528(b) FOR THE REVISION OF THE FREEWAY ORIENTED SIGN FOR A 4.8 ACRE COMMERCIAL CENTER LOCATED AT THE SOUTHWEST CORNER OF GRAND AVE. AND BREA CANYON ROAD AND NORTH OF STATE ROUTE 60 FREEWAY, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (i) Charles Cobb, 527 S. Grand Ave., Diamond Bar, CA 91765, acting as agent for Card Investments at the same address, has heretofore filed an application for approval of an Amendment to Conditional Use Permit No. 89528 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit 89528(b) is 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 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) The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the future adopted General Plan, pursuant to the terms and ,provisions of an Office of Planning and Research Extension granted pursuant to California Government Code Section 65361. (iv) On March 14, 1994, 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 Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds iK that all of facts set forth in the Recitals, Part A, of this Resolution are true and correct. l !'!i lh 11I1,l'1 itl I 2. The Planning Commission hereby finds that a Negative Declaration has been prepared in compliance with the CaliforniaEnvironmental Ni Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, further; 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 upon the findings and conclusion set forth herein, this Commission, in conformance with Title 22 of -the Los Angeles County Code as heretofore adopted and amended by the City Council, hereby finds as follows: (a) The application applies to the property located at Grand Ave., Brea Canyon Road and State Route 60 Freeway, also identified as Parcel Map 15625, zoned C -3 -DP -BE, with a gross area of 4.8 acres subdivided into four parcels, and is currently partially developed with Diamond Bar Honda Auto Sales and accessory facilities located on parcel No. 1 U-1and a fast food restaurant on parcel No. 2; (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 (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 2 (ii) By other public or private service 1--`, facilities as are required. 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with the terms and provisions of California Government Code Sections 65360, hereby finds as follows: (a) The project is consistent with the General Plan; (b) The project will not be of substantial detriment to, or interfere with, the General Plan land use designations for the area in the vicinity of the subject sites; and (c) The project, as proposed and conditioned herein, complies with all other applicable requirements of State law and local ordinances. 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: 7. For the purpose of this Resolution, the site plan and freeway oriented sign plan, as approved by the Planning Commission on March 14, 1994, as referenced herein: Planning Division Conditions: 1) This approval shall apply to the Conditional Use Permit No 89528(A) for the approved development of the following parcels as listed below. (a) PARCEL NO. 1 Diamond Bar Honda Dealership: Approved for the expansion of the existing dealership by 4,375 square feet to be used for retail, storage and service space and a 3 1/2 floor parking structure as shown on approved site plan. 1. All new construction, including the 3 1/2 floor parking structure, will utilize materials on the exterior (i.e. exterior _ finish, roof tile, trim, etc.) which are ( substantially the same as the materials currently exhibited on the existing structure. 3 2. Lower floor of the parking structure shall be clearly marked or otherwise pgp�pw indicated as being reserved for customer and employee parking only. 3. Seventy five (75) parking spaces available for customer parking on the east side of the existing Honda display and service facility as shown on the approved site plan. 4. A 61 x 13 1/2' monument sign is approved at the Grand Ave entrance to Parcel No. 1. 5. A 24' x 5' wall sign attached to the sough elevation of the 3 1/2 floor parking structure to display the "HONDA" logo with white individual block letters against a blue background. The sign shall be internally illuminated. - 6. The existing freestanding "HONDA" logo sign shall be removed from its present location on the eastern elevation. 7. Landscaping and irrigation is approved as displayed and shall not deviate from the approved site plan. (b) Parcel No. 2 Burger King Restaurant: Approved for a 4,292 square feet fast food restaurant with drive through window and an occupancy limit of 126 persons. 1. Fifty one (51) parking spaces shall be provided as shown on the approved site plan. 2. Materials used for the exterior finish shall be eggshell stucco above a San Simeon base trim. The roof will be topped with clay roof tile known as Bermuda Blend. Additional trim will feature white gray Vermillion ceramic tile. 3. Internal direction indicators encouraging traffic to BREA Canyon Rd exit shall be painted on drive aisles. 4 4. A 10' x 10' monument sign located at the Grand Ave. entrance to the parcel displaying the Burger King logo is .s._. approved as shown. 5. The parcel shall implement the approved sign program as approved by Planning Commission and dated September 28, 1992. (c) Parcel No. 3, Automated Car Wash: Approved for 4,850 square feet structure containing an automated car wash and gasoline dispensing facilities. The use shall not exceed two service islands and a maximum of six gas pumps. 1. Fourteen parking spaces are to be provided for patron and employee parking on the site. No less than eight parking stalls shall be standard size stalls. 2. One 6' x 1316" monument sign located at the Brea Canyon Road entrance to display gas prices and the business logo/name. No other signs for this parcel are approved as part of this application. 3. A wall eight (8) feet in height as measured from grade, shall be constructed to separate parcel no. 3 from the Orange freeway on the south elevation and also, from parcel No. 4 on the east elevation. This wall shall be landscaped and maintained with a growing ivy on ieach side thereby minimizing exposed surface's. 4. The exterior materials of the structure shall be composed of white stucco' and Redwood trim and red mission tile will be used on the roof. (d) Parcel No. 4 1. No project is approved for this parcel as part of this approval. 2. The owner of record shall maintain this parcel with in good condition with landscaping as approved by Council on the landscaping and irrigation plan. 5 3. Any future development of this site must be approved by Conditional Use Permit by the Planning Commission and be consistent `, N with all applicable conditions. General Conditions Applicable to All Parcels (Parcel Map 15628 Parcels 1, 2, 3, and 4) 1. The hours of operation shall be limited from 6:00 a.m. to 1:00 a.m. for the project. 2. outside speaker volumes shall be modulated so as not exceed 10 decibels beyond the property line. 3. Landscaping must be maintained in accordance with landscape plans approved by the Planning Commission and shall be maintained in good condition by owner of record of each parcel or lessee thereof. 4. Unless otherwise apparent from the context, the term "permittee" shall include the applicant and any other person, corporation, or other entity making use of this approval. 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 Bar Planning Department, their affidavit stating acceptance of all conditions of this approval. Additionally, this approval shall conform with conditions of Parcel Map 15625. 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. A freestanding pylon sign 25 feet above top of curb (Grand Ave.) to the highest point of the sign. The location of said t 6 sign is approved to be located on parcel No. 4. The sign shall be installed as I shown on approved sign program with fascia not to exceed 336 square feet. Remaining signage within the center shall conform to the sign plan approved for the center. All proposed signs must be submitted to the City Planning Department for final approval pursuant to the approved plans dated March 14, 1994. All revisions to the sign shall be submitted to the Community Development Director for approval pursuant to this entitlement and the Sign ordinance in effect at the of the proposed revision. 9. Parking and landscaping must be provided as 1 approved and shall be in compliance with City requirements. Parking provided shall be at least 60 percent standard size parking stalls. Any alterations must be approved by the Planning Commission or its designee. Lot No. 2 is approved for 47 (9' X 91) parking stalls, 2 handicapped stalls, and 2 Recreational Vehicle (101 X 201) parking stalls for a total of 51 stalls. 10. All appropriate permits shall be obtained prior to issuance of Certificate of occupancy. 11. All, traffic mitigation measures identified by the City Engineer and including but not limited those incorporated on the site plan shall be completed to the satisfaction of the Public Works Director. 12. 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. Failure of the permittee to cease any development or activity not in full compliance with this approval shall be,a violation of these conditions. 13. Notice is hereby given that the Planning Commission may, after conducting a public hearing, revoke or modify this approval 7 if the Planning Commission finds these conditions to have been violated.' 14. All conditions of approval on CUP 89525, not amended as a part of this action, shall remain in full -force and effect. 8. This, Commission hereby provides notice to Charles Cobb that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the California Code of Civil Procedures Section 1094.6 9. 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: Charles Cobb at their addressed as set forth on the Application. NOW, THEREFORE, BE IT RESOLVED, that a copy of this resolution be transmitted via certified mail, to Diamond Brothers One, Ownership at the address as set forth on the application. PASSED, D AND APPROVED, this 14th day of March, 1994. r BY: r f Me r Ch iri«aii I, James DeStefa o, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission Public Hearing opened and concluded on the 14th day of March, 1994. AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, Plunk, and Meyer NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: J es DeStefano, cretary 8