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HomeMy WebLinkAboutPC 94-12RESOLUTION NO. 94-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 93-1, CONDITIONAL USE PERMIT NO. 93-4, AND NEGATIVE DECLARATION NO. 93-7, AN APPLICATION FOR CONSTRUCTION OF A TWO-STORY "UPSCALE" RESTAURANT STRUCTURE, TO PERMIT THE SALE AND ON-SITE CONSUMPTION OF ALCOHOLIC BEVERAGES IN THE C -M ZONE, AND GRADING IN A HILLSIDE MANAGEMENT AREA LOCATED WITHIN GATEWAY CORPORATE CENTER AT 21671 E. GATEWAY CENTER DRIVE, (TRACT 39679, LOT 4). A. Recitals 1. The property owner, A R Leasing and Investment Inc. and the applicant, Dr. Akbar Omar have filed an application for Development Review No. 93-1 and Conditional Use Permit No. 93-4 for a vacant lot located within Gateway Corporate Center at 21671 E. Gateway Center Drive, Dia- mond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Conditional Use Permit application is 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 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. 3. 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 the office of Planning and Research extension granted pursuant to California Government Code Section 65361. 4. The Planning Commission of the City of Diamond Bar, on June 13, 1994 conducted a duly noticed public hearing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion 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, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the initial study review and Negative Declaration No. 93-7 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder. 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 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 the Commission, the Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, and in conformance with the terms and provisions of the California Government Code Section 65361, this Commission, hereby finds as follows: (a) The project relates to a vacant lot of approximately 2.033 acres located within Gateway Corporate Center. The project site is within the Commercial -Manufacturing -Billboard Exclusion - Unilateral Contract (C-M-BE-U/C) Zone with a contemplated draft General Plan land use designation of Professional Office (OP). - The project site is located at 21671 E. Gateway Center Drive, City of Diamond Bar, California. (b) Generally, the following zones and uses surround the project site: to the north is the Pomona 2 "r k 4 Freeway and orange Freeway interchange; to the east is the C-M-BE-U/C Zone and the Radisson Hotel; to the south and west is C-M-BE-U/C Zone. f(c) The project site is adequately served by Golden w Springs Drive and Copley Drive and by other public or private service facilities as are required. Development Review: (d) The design and layout of the proposed project is consistent with the 'applicable elements of the City's contemplated draft General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized areas, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. (e) The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. (f) 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 - Chapter 22.72 -� and the contemplated draft General Plan. (g) 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. (h) The proposed project will not be detrimental to the_public health, safety or welfare, or mateially injurious to the properties or improvements in the vicinity. Conditional Use Permit: (i) The proposed project will not be in substantial conflict with the contemplated draft General Plan. (j) The proposed project at the project site will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the r" i surrounding area or be materially detrimental to 3 the use, enjoyment, or valuation of property of other persons located in the vicinity of the site, or jeopardize, endanger, or otherwise constitute a menace to public health, safety, or general welfare. - (k) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features prescribed within the Code, or as is otherwise required in order to integrate said use with the uses in the surrounding area. (1) The proposed project is located and designed so as to protect the safety of current and future community residents and businesses, and will not create significant threats to life and/or property due to the presence of geologic, 'seismic, slope instability, fire, flood, mud flow, or erosion hazard. (j) The proposed project is compatible with the natural, biotic, cultural, scenic, and open space resources of the area. (k) The proposed project is conveniently served by neighborhood shopping and commercial facilities, can be provided with essential public services without imposing undue costs on the total community, and is consistent with the objectives and polices of the contemplated draft General Plan. (1) The proposed project demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents and businesses. 5. Based upon findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to all plans dated June 13, 1994, collectively labeled Exhibit "A" as submitted to and approved by the Planning Commission. (b ) The project 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, 4 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 j 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) This poject shall adhere to the Hillside Management Ordinance No.7 (1992). (d) Retaining walls shall not exceed six (6) feet in height. (e) The unused western portion of the project site shallremain undeveloped and shall not be subdivided into an independent parcel for future development. (f) This project shall comply with all State handicap and American Disabilities Act's requirements. (g) This project shall provide glare shielded lighting within the parking lot area that maintains a minimum of one (1) lumen of light per square foot at ground level at any location in the parking lot area.A revised site plan shall be submitted, _. within to days of approval of this grant, indicating said lighting requirements' for review and approval by the City. (h) The applicant shall obtain required permits from South Cpast Air Quality Management District (SCAQMD),before the issuance of a Certificate of Occupancy. (i) The applicant shall comply with all requirements of the Los Angeles County Fire Department. (j) The applicant shall obtain the written approval from Gateway Corporate Center architectural committee before the issuance of.any City permits. (k) The restaurant structure shall not exceed an occupancy of 270 persons. (1) In orderlto incorporate two (2) balconies into the design of the restaurant structure, the applicant shall prepare a trip reduction plan for review and approval by the City before the issuance of any permits from the City. 5 (m) The project shall maintain a minimum of 90 parking spaces. (n) The restaurant shall not be open for business between the hours of 2 a.m. and 7 a.m. (o) Live entertain shall be "minor" in nature, ancillary to the restaurant use, and limited to a small band, vocals, and dancing. (p) All operations of the restaurant and entertainment uses shall be subject to the provision of the City's Noise Ordinance. Individual entertainment shall be suspended should noise levels exceed the Noise Ordinance's limits. (q) Security shall be provided from 10:00 p.m. until the last employee leaves after closing. (r) The applicant shall submit, within 60 days of approval of this grant, landscape and irrigation plans for review and approval by the City which shall incorporate the following: (1) Ten (10) - 15 gallon trees- within the planter area along the east property line, adjacent to the Radisson Hotel site; (2) Seven (7) - 15 gallon trees within diamond shape planter areas that will be located between two parking spaces which face each other; (3) Locate the proposed large trees, which shall be 24 inch box size, midpoint between the existing pine trees within the planter area adjacent to the sidewalk along Gateway Center Drive; (4) Define landscape limits and type of planting material to be utilized in an area between the main entrance and the service yard; (5) Planting materials utilized to landscape the unused western portion of the site and slope area shall match existing slopes' planting materials; (6) Names and sizes of all planting materials; and (7) Root barrier control boxes for each tree; (8) Up lighting for trees shall be utilized and incorporated into the design of the landscaping; (9) Vines shall be utilized adjacent to the retaining wall and the restaurant structure wall adjacent to the north property line to minimize architectural impacts. (s) The lower portion of the large wall of the restaurant structure that is adjacent to the north property line shall be stuccoed in an earth tone color in order to minimize its architectural impact. (t) The applicant shall provide a hydrology study and hydrology calculations showing the estimated run - 5 off capacity of the existing drainage system for review and approval by the City. If the existing drainage is inadequate, the applicant shall design an adequate drainage system to the satisfaction of the City Engineer. (u) The applicant shall submit a Planned Sign Program for this project for review and approval by the Planning commission before the issuance of any sign permits. (V) 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 therefore shall be made by the applicant prior to the issuance of any building permit or any other entitlement. (w) 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 within fifteen (15) days of approval of -this grant, 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 Planning Division processing fees. (x) The City reserves the right to review the Development Review and Conditional Use Permit, and any amendment thereto at a public hearing, at any time and modify the conditions herein listed, as deemed appropriate. (y) 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 of the subject property. (z) The Applicant shall comply with Planning and Zoning, Building and Safety, and Engineering requirements. (aa) This grant shall be valid for two (2) years and must be exercised (i.e. construction) within that period or this grant will expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to the expiration date of this grant. 7 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, �® by certified mail to, A. R. Leasing and Investment Inc., 1135 S. Sunset Ave., West Covina; CA 91770 -and Dr. Akbar Omar, 2216 E. Merced, Covina, CA 91790. APPROVED AND ADOPTED THIS THE 13TH DAY OF JUNE, 1994, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: thairman vid'Mey , I, Robert Searcy, Acting Secretary of the Planning Commission of the City of Diamond Bar, CIO hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of June, 1994, by the following vote: AYES: [COMMISSIONERS:] Meyer, Plunk, Schad, Fong, Flamenbaum NOES: [COMMISSIONERS:] None ABSENT: [COMMISSIONERS:] None ABSTAIN: [COMMISSIONERS:] �', None ATTEST: Robert Sea ,etary 8