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Home My WebLink AboutPC 94-06PC RESOLUTION NO. 94-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA APPROVING AN AMENDMENT TO DEVELOPMENT REVIEW NO. 92-3 AN APPLICATION FOR THE DELETION OF THE STAMPED CONCRETE PAVERS FROM THE DRIVE AISLES FOR A PROJECT LOCATED AT 527 S. GRAND AVE. ON PARCEL NO.2 OF PARCEL MAP 15625, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF. A'. Recitals. (i) Charles Cobb, 527 S. Grand Ave, Diamond Bar, CA 91765, as agent for Card Investments at the same address; has heretofore filed an application 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 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 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 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, 4 Part A, of this Resolution are true and correct. 1 2. The Planning Commission hereby finds that the project is Categorically Exempt pursuant to Section 15301 (c,g) of the California Environmental Quality Act (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, and, further; 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 and concluded on March 14, 1994, including written and oral staff reports, together with public testimony, and in conformance with the terms and provisions of California Government Code Sections 65360, the Planning Commission hereby specifically finds as follows': 1. The subject ,property is located at 527 S. Grand Ave., parcel No. 2 of Parcel Map 15625 in the City of Diamond Bar and is located adjacent to Diamond Bar Honda. 2. The property is located in Zone C -3 -DP -BE and allows this use by Conditional Use Permit. The site is approximately 1.21 acres in size and has been graded. 3. The applicant's request is for the revision of ,the site plan to delete the concrete paver ti les from the drive aisles. 4. The subject property is developed with a fast food restaurant which is in operation pursuant to a temporary Certificate of Occupancy. The property to the north is currently developed with Diamond Bar Honda Auto dealership, and the sites to south, east, and west are currently vacant. The site can be accessed via Grand Ave. and Brea Canyon Rd. 5. The subject site lies within the Commercial designation of the contemplated General Plan. The current zoning of the siteis in compliance with the land use designation. 6. There were no protests to the use prior to the public hearing. 2 7. Notification of the public hearing for this F r project has been made. -y' 8. The design and layout of the proposed devel- opment is consistent with the applicable ele- ments of the contemplated General Plan, design guidelines and architectural criteria of the appropriate district; The design and layout of the proposed devel- opment will not unreasonably interfere with the use and enjoyment of the neighboring ex- isting and future developments, and will not create traffic or pedestrians hazards by removing visual warnings from areas that pedestrians and vehicles are likely to come into contact; The design of the development will be compatible with the character of the surrounding current and proposed developments and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the contemplated General Plan of the City; ` The design of the proposed development would provide a desirable environment for its occu- pants and visiting public as well as its nei- ghbors through the deletion of the pavers would not create an aesthetically unpleasant use use of materials, texture and color and would remain aesthetically appealing or retain a reasonably adequate level of maintenance if omitted from the project. The proposed use would not be detrimental to the public health, safety or welfare or mate- rially injurious to the properties or impro- vements in the vicinity by removing the, stamped concrete pavers. 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: 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 underlying zoning of the subject property must be complied with, unless set bN forth in the permit and shown on the approved plans and a Development Program must be submitted to the Community Development Director before 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 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 -3 -DP -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. That all grading, drainage plans and wall plans shall conform to all City standards or as amended by this action. 7. All construction materials must comply with materials board approved by the Planning Commission and marked as Exhibit "A-111. 8. A revised landscape plan showing the location of five (5) additional 15 gallon trees on the car dealership site or the fast food restaurant site shall be submitted to the Community Development Director for approval. 9. 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. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and 4 (b) Forthwith transmit a certified copy of this Reso- lution, to Charles Cobb at the address as set forth on the application'. APPROVED AND ADOPTED THIS THE 14TH DAY OF MARCH, 1994 BY THE PLANNING COMMISSION OF HE CITY OF DIAMOND:BAR. BY: avid0' ,1, Davit�Gyey6 ing Commission Chairman I, James DeStefano, 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: CO SSIOW' ,ERS ATTEST: J s DeStefano Secretary 5