HomeMy WebLinkAboutPC 96-02PC RESOLUTION NO. 96-2
A RESOLUTION OF THE PLANNING COMMISSION OF -THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 96-2, DEVELOPMENT REVIEW NO. 96-3.
AND MITIGATED NEGATIVE DECLARATION NO. 96-1
AND THE MONITORING PROGRAM, A REQUEST FOR A
756 SQUARE FOOT AUTOMATED CAR WASH AND THE
REMODEL OF THE FOOD MART AT AN EXISTING SHELL
SERVICE STATION LOCATED AT 3241 S. BREA CANYON
ROAD, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The Applicant's agent, A&S Engineering, 207 W. Alameda Avenue
1203, Burbank, California, 91502, has filed an application for
Conditional Use Permit No. 96-2 and Development Review No. 96-
3 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".
2. On April 18, 1989, the City of Diamond Bar was established as
a duly organized municipal corporation of the State of
California. Thereafter, the City Council of the City of
Diamond Bar adopted its Ordinance No. 14 (1990), thereby
adopting the Los Angeles County Code as the ordinances of the
ti,re City of Diamond Bar. Title 21 and 22 of the Los Angeles County
Code contain 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. Action was taken on the subject application as to the
consistency with the General Plan and has been determined to
be in conformance with the document.
4. On May 13, 1996, 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.
5. Notification of the public hearing for this project has been
made in the San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers on April 23, 1996. Fourteen (14) property
owners within a 500 -foot radius of the project site were
notified by mail.
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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 the 'facts set forth in the Recitals, Part A, -of
this Resolution are true and correct.
2. The Planning Commission hereby finds and determines that
a Negative Declaration has been prepared and presented
for the review and approval by this Commission in
compliance with the.California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgated
thereunder, pursuant to Article 6 of Division 13 of Title
14 of the �Califorhia Code of Regulations.
3. The Plannng'Commission hereby specificallyifinds 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'i;resources or
the habitat upon which the wildlife dependsl Based upon
substantial evidence, this Planning, Commission hereby
rebuts' the presumption of adverse effects contained in
Section 7'S3.15(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 ofia 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 May 13, 1396 and concluded on that
date, including written and oral staff reports, together
with public testimony', the Planning Commission hereby
specifically finds as follows:
(a) The Application applies to a site approximately .61
acres in size located at 3241 S. Brea Canyon Road at
a Shell Service Station. The project site lies
within Zone CPD allows the proposed use by
Conditional Use Permit.
(b) Generally, the subject site is surrounded by
Commercial and Office Development. The site is
located approximately 300 ft. from residential ^'
development.
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(c) The surrounding propertids are developed with a
�- commercial center to the north, a service station
and commercial and office uses to the south and a
commercial center on the east side of Brea Canyon
� Road.
(d) The Application is for the construction of a car
wash and the remodel of an existing food mart.
(e) That the requested use at the location will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing in the surrounding
area, or
(2) Be materially detrimental to the use, enjoyment
or valuation of property of other persons
located in the vicinity of the site, or
(3) Jeopardize, endanger or otherwise constitute a
menace to public health, safety or general
welfare; and
(f) 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
(g) That the proposed site is adequately,,served:
(1) 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) By other public or -private service facilities
as are required.
(h) Notification of the public hearing for this project
has been made;
(i) The proposed project is consistent with the
applicable elements of the City's General Plan,
design guidelines and architectural criteria of the
appropriate district;
(j) 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;
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
restrictions as to use:
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(a) Conditional Use Permit No. 96-2 and Development
Review No. 96-3 shall be developed in substantial
conformance to plans dated May 13, 1996,
collectively labeled Exhibit "All as submitted and �"�'
approved by the Planning Commission.,M
{ (b) That the applicant must, comply with all State, Zone
,CPD, Engineering Department and Building and Safety
Department requirements.
(c) The site shall be maintained in a condition which is
free of debris both during and after the
construction, addition, or implementation of the
entitlement 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,insure that the waste contractor
utilized has obtained permits from the City of
Diamond Bar to provide such services.
(d) This grant is valid for two years and must be
exercised (i.e, construction started) within that 77
period or this grant will expire. A one year exten-
sion may be,requested-in writing and submitted to
the City 30 days prior to the expiration date.
(e) This permit shall not be effective for any purpose
until a duly authorized representative of the
applicant and/or owner of the property involved has
filed, at the office of Diamond Bar Community
Development Department, the Affidavit of Acceptance
stating that the applicant/owner is aware of and
accepts all the conditions of this permit.
(f) That all requirements of the Zoning Ordinance and of
the underlying zoning of the subject property must
be complied with, unless set forth in the permit and
shown on the approved plans.
(g) A noise attenuating sound wall and/or automatic
entrance and exit doors, or any other noise
mitigation measures as approved by the Planning
Division shall be installed prior to final
inspection.
(h) Prior to issuance of any building or plumbing
permits, the applicant must obtain an industrial
waste permit from the Los Angeles County Department a,4,
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of Public Works, Environmental Programs Division,
Industrial Waste Clearance. Please contact David
Esfendi'at (818) 458=Ido for further information.
(i) The Walnut Valley Water District shall be contacted
to insure that the water meter is of an adequate
`- size to accommodate the proposed development prior
to permit issuance.
(j) The hours of operation for the car wash shall be
7:00 a.m. to 9:00 p.m. seven days a week.
(k) All signs shall be approved by separate permit.
(1) Revised landscaping and irrigation plans shall be
submitted to reflect changes in the revised site
plan. Every effort shall be made to relocate and/or
preserve on site the Australian Tea tree located in
the existing planter along the westerly boundary of
the property.
(m) Revised elevations shall be submitted showing
architectural enhancements on the rear elevation,
prior to the issuance of building permits.
(n) 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.
Buildinq & Safety
(o) The submitted plans shall meet all B -occupancy
requirements.
(p) Plans shall conform to State and Local Building
Codes (i.e. 1994 editions of the Uniform Building
Code, Plumbing Code, Mechanical Code, and 1993
edition of the National Electrical Code) as well as
the State Energy -Code.
(q) Plans shall be engineered to meet wind loads of 80
mph with an exposure "C".
(r) All new handicapped parking shall comply to new
State Handicapped Accessibility Regulations.
(1) Show compliance for van parking.
(2) Route: Shortest accessible route to accessible
entrance(s). Parking not serving this
building, a shortest pedestrian route to
closest pedestrian entrance of pedestrian
facility.
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public Works
(s) The existing rest rooms, designated for men, women
and employees, shall meet current handicapped
requirements.
(t) The rest room access doors shall be clearly marked hl;i
with symbols.
(u) Ramps shall comply to new State Handicapped
Accessibility Regulations.
(v) Proposed landscaping areas shall be provided with
irrigation. Irrigation plans not provided.
(w) Traffic markings shall be provided at the entrance
and exit to the car Wash drive aisles.
(x) All water and drainage to be contained and meet
restrictions before entrance into any drainage
systems. Depict drainage facilities, pipes, etc. on
construction plans.
(y) Handling of all runoff drainage must comply with
National Pollutant Discharge Elimination system
(NPDES) requirements. Shell agrees to comply with
ann reporting/implementation inspections required by
the City of Diamond Bar and any related costs to be
borne by the applicant. 011,11,
(z) The traffic improvement fees, per the Negative
Declaration, shall be paid as required by the Public
Works Director.
Fire Department
(aa) The required fire flow for PUBLIC fire hydrants at
this location is 1500 gallons per minute at 20 psi
for a duration of 2 hours, over and above maximum
daily domestic demand.
(bb) All hydrants shall measure 6" x 4" x 2 1/211, brass
of bronze, conforming to current AWWA Standard C503,
or approved equal. Hydrants shall be installed per
specification of the Los Angeles County Water
Ordinance No. 7834. (Title 20) Utility Manual;
Section 4.0 to 4.6.
(cc) All required public fire hydrants shall be
installed, tested and accepted prior to
construction. Fire Code 901.3.
(dd) Vehicular access must be provided and maintained
serviceable throughout construction. Fire Code 4.
901.3.
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(ee) Show all existing fire'hydrant(s) within 300 feet of
all property lines and call out hydrant size and
dimension to property lines on site plan.
(ff) Complete and return "Water Availability" form (Form
196) prior to issuance of building permits.
6. The Planning Commission Secretary is hereby directed to:
(a) Certify to the adoption of this Resolution and,
(b) Forthwith transmit a certified copy of this
Resolution, by certified mail, return receipt
requested, to A & S Engineering, 207 W. Alameda
Avenue #203, Burbank CA., 91502.
ADOPTED AND APPROVy of May, 1996.
7ChVairm
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 13 day of May, 1996, by
the following vote:
AYES: COMMISSIONERS: Goldenberg, Ruzicka, Fong,
Schad & McManus
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: f
James &DP-Steef�ano, Secretary
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MITIGATED NEGATIVE DECLARATION NO. 96-1
Case No.: Conditional Use Permit No. 96-02 and Development Review
No. 96-03
Applicant: Brian Finch, Shell Oil Company
3281 Guasti Road
Ontario, CA -91761
Proposal: A request for a 756 square foot automated car wash and the
remodel of the foodmart at an existing Shell - service station.
Location: 3241 S. Brea Canyon Road, at the northwest corner of Brea
Canyon Road and Diamond Bar Boulevard.
Environmental
Findings: The proposed project, as determined by the City of
Diamond Bar, could have a significant effect on the
environment. However, there will not be a significant effect
in this case because the mitigation measures described herein
have been incorporated into the proposed project and a
mitigated, negative declaration has been prepared.
Discussion of Environmental Evaluation and Mitigation Measures .
Earth:
g. Exposure of people or property to geologic hazards, such as
earthquakes, landslides, mudslides, ground failure or similar hazards.
Explanation:
The City is located within a seismically active portion of Southern California.
Mitigation:
The potential for a significant hazard from an earthquake will be mitigated
through the application of all state applied construction codes pertinent to
earthquake safety for this project.
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Noise:
a. Significant increases in existing noise levels?
b. Exposure of people to severe noise levels?
Explanation:
An acoustical analysis has been prepared for the project site with the proposed
car wash. The noise study indicates that noise generated by the car wash would
slightly exceed 65 dB CNEL within a small portion of the commercial center to
the north of the site. This exceeds the standards contained within the City's
Noise Ordinance.
Mitigation:
The project has been conditioned to provide some type of noise mitigation along
the northerly property line, which may include a noise attenuating sound wall,
automatic doors on the entrance or exit to the car wash, berming, landscaping or
other measures determined to be acceptable to the Planning Division.
Risk of Upset:
a. A risk of an explosion or the release of hazardous substances
(including but not limited to, oil pesticides, chemicals or radiation) in
the event of an accident or upset condition?
Explanation
There is an existing risk of upset that on the gas station site because of -the
presence and use of petroleum based products.
Mitigation:
At the City's request the applicant has submitted a letter certifying that the three
existing underground storage tanks are not leaking. According to C.D. Padden
Larson, Health and Safety Environmental Clerk for Shell, this site has electronic
tank level monitors which are required to test the site once a month for tank
tightness and to this date the system has passed for all three tanks.
Explanation
The car wash will utilize a wax that is flammable.
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Mitigation:
However, this wax will be diluted for use to the point where it will not result in
a significant risk of upset. Further, prior to issuance of building permits, the
applicant must obtain an industrial waste permit for the Los Angeles County
Department of Public Works Environmental Programs Division, Industrial Waste
Clearance.
Transportation/Circulation:
a. Generation of substantial additional vehicular movement?
C., Substantial impact on existing transportation systems?
Explanation:
The applicant estimates that 160 to 180 cars will be washed daily, with an
estimated maximum patronage of 340 cars. This will add to the congestion at an
intersection that is already impacted by traffic. According to the General Plan
Circulation Element, on Diamond Bar Boulevard, south of Grand Avenue to Brea
Canyon Road, forecast daily volumes exceed the recommended carrying capacity.
Mitigation:
The Public Works Department has included a condition of approval requiring the
applicant . to pay transportation improvement fees. These fees will be : used - to pay
t -- for street system improvements which may include, signalization, pavement
marking improvements, left turn phasing of signals, and future overlay and street
improvements at the intersection of Diamond Bar Blvd. and S. Brea Canyon
Road
F.,"
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