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Home My WebLink AboutPC 96-05PLANNING COMMISSION RESOLUTION NO. 96-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT -NO. 96-5, DEVELOPMENT REVIEW NO. 96-3 AND MITIGATED NEGATIVE DECLARATION NO. 96-2, A REQUEST TO CONSTRUCT A 2,472 SQUARE FOOT KENTUCKY FRIED CHICKEN RESTAURANT WITH A DRIVE-THRU SERVICE WITHIN THE COUNTRY HILLS TOWNE CENTER AT 2757 SOUTH DIAMOND BAR BLVD. (PARCEL MAP NO. 18722, LOT 15), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The Applicant's agent, Bob Merriam, Carlson Design and Construction Company, 2301 Winston Road, Anaheim, California, 91502, has filed an application for Conditional Use Permit No. 96-5 and Development Review No. 96-4 as described above in the title of this Resolution. Hereinafter in this Resolution, the „y subject Conditional Use Permit and Development Review 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 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. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on June 10, 1996 conducted a duly noticed public hearing on the Appli- cation. 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 May 20, 1996. Two -hundred and seventy -(258) property owners within a 500 foot radius of the project site were notified by mail on May 18, 1996. 1 �— kldb�illfl ail----_._.w�.,��.�,..�.__ — � il� �� ?iiu u�i��uui. i��-7—.�,G��n. — � ,=.r..��_�_•a 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 determines that Mitigated Negative Declaration No.' 96-2 has been prepared and presented for the review and approval by this Commission incompliance 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 California Code of Regulations. 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a vacant parcel, approx- imately .56 acres within a retail shopping center identified as Country Hills Towne Center at 2757 South Diamond Bar Boulevard. The project site is zoned Restricted Business (C-1). It has a General Plan -land use designation of General Commercial(C). (b) Generally, the following zones and use surround the project site: to the north is the Single Family Residential -Minimum Lot Size 7,500 Square Feet (R-1- 7,500) Zone; to the west is the R-1-7,500 Zone and a flood control.channel; to the south is the Residential Planned Development -Minimum Lot Size One Acre -15 Units Per Acre (RPD -1-15U); and to the east is the Single Family Residential -Minimum Lots Size - 20,000 Square Feet (R-1-20,000) Zone. (c) The proposed project is a request to construction a 2,472 square foot Kentucky Fried Chicken Restaurant with drive-thru service. (d) The proposed project will not: 2 (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 (e) The proposed site is adequate in size and shape to accommodate the yards, walls, parking facilities, landscaping and other development features pre- scribed in this approval. (f) The project 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. (g) The proposed project is in compliance with Development Review Ordinance No. 5 (1990.). (h) The design and layout of the proposed project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrians hazards. (i) The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). (j) The design of this project will 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. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "A" dated June 10, 1996, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is 3 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 ;i°u rr, 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. (c) Prior to issuance of any City permits, the applicant must contact the Los Angeles County Department of Public Works, Environmental Programs Division, Industrial Waste Clearance to determine if an industrial waste permit is required. Contact David Esfendi at (818) 458-3510 for further information. (d) Prior to the issuance of any City Permits, the applicant shall contact the Los Angeles County Fire Department to insure compliance with all fire codes. Contact Carl Linzer at (99) 620-2216 for further information. (e) No commercial delivery trucks shall utilize the Fountain Springs Road or Cold Springs Lane driveways for either ingress or egress from the site, but shall instead utilize Pathfinder Road and Diamond Bar Boulevard as the major ingress and egress routes to the center. (f) The applicant shall work with the owners of the Center and the Planning Division to modify the colors of the proposed Kentucky Fried Chicken Restaurant to ensure compatibility with the existing buildings at the Center. (g) Within 30 days of this grant's approval, the applicant shall submit revised landscape/irrigation plans which delineate the following: a two foot wide foundation planter along the entire length of the restaurant building's frontage; a minimum of two tree wells adjacent to the parking spaces on the northerly side of the restaurant site; the deletion of the proposed Melaleuca Neosophila (Pine Melaleuca) tree, determined, by the Los Angeles County Fire Department, as unsafe in fire hazard areas and its replacement wiith another species of tree. Additional landscaping shall also be provided to screen the rear of the building from Diamond Bar ;. Boulevard. The revised landscape/irrigation plans 4 (n) This grant 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. (o) 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. Building & Safety (p) The submitted plans shall meet all B -occupancy requirements. (q) Plans shall conform to State and local building codes (i.e. 1994 editions of the Uniform Building x Code, Plumbing Code, Mechanical Code, and 1993 5 shall be reviewed and,approved by the Planning Division before the issuance of any City permits. (h) The Center's pedestrian walkway, which terminates at the project site's main entrance, shall be extended �s across the width of the driveway entrance, utilizing the same materials for construction. The planter on north side of the driveway shall be replaced with the extended walkway which will connect with the' sidewalk at the front of the building. Within 30 days of this grant's approval, plans reflecting this revision shall be submitted for review and approval by the City before the issuance of any City permits. (i) The hours of operation for the restaurant shall be 10:00 a.m. to 11:00 p.m., seven days a week. (j) The applicant shall provide four employee parking spaces at the southernly portion of the shopping center. (k) All signs shall be approved by separate permit. (1) The applicant shall comply with all State, C-1 Zone, Public Works Department and Building and Safety Division requirements. (m) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A'one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (n) This grant 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. (o) 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. Building & Safety (p) The submitted plans shall meet all B -occupancy requirements. (q) Plans shall conform to State and local building codes (i.e. 1994 editions of the Uniform Building x Code, Plumbing Code, Mechanical Code, and 1993 5 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 Bob Merriam, Carlson Design and Construction Company, 2301 E. ,f Winston Road, Anaheim, CA 92806. 6 r._ G edition of the National Electrical Code) as well as the State Energy Code. (r) Plans shall be engineered to meet wind loads of 80 h mph with an exposure "C". (s) Plans shall be submitted to Los Angeles County Health Department for approval. (t) The existing restrooms designated for the men and women, as well as for employees, shall meet current handicapped requirements. (u) The restroom access doors shall be clearly marked with symbols. (v) Ramps shall comply to new State Handicapped Accessibility Regulations. (w) The applicant shall delineate the height of parking lot lighting on a revised plan for review and approval by the City before the issuance of any City permits. (x) The applicant shall provide a soils report showing that the existing soil is clear of any contaminant from the uphill property (2707 S. Diamond Bar Boulevard). Any necessary remediation shall be conducted at this property owner's expense as required by the Planning Division. Groundwater monitoring and extraction remediation shall continue. Quarterly reports shall be submitted to the City until the Regional Water Quality Control Board (RWQCB) determines and subject to City approval that the site and groundwater is free of contamination. Public Works (y) Prior to the issuance of any City permits, the applicant shall submit a grading plan showing slopes for run-off and drainage details for review and approval by the City Engineer. 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 Bob Merriam, Carlson Design and Construction Company, 2301 E. ,f Winston Road, Anaheim, CA 92806. 6 r._ G APPROVED AND ADOPTED this 10TH DAY OF JUNE, 1996, BY THE PLANNING COMMISSION OF THE ITY OF DIAMOND BAR. BY: a � Mike Gol9fenberg, Chairman 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 10 day of June, 1996, by the following vote: AYES: COMMISSIONERS: Goldenberg, Ruzicka, Fong, McManus, Schad NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None 4DeStefaYno, ATTEST: amecretary 7 --1------- -- - '� � — �� d i i iii icu:1,imii r1 �...___ �_. --�� — ..__,._..�z.._