HomeMy WebLinkAboutPC 96-10PLANNING COMMISSION
RESOLUTION NO. 96-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 96-3 (A REVISION TO CONDITIONAL USE
PERMIT NO. 1206(1)), DEVELOPMENT REVIEW NO.
96-2 AND CATEGORICAL EXEMPTION PURSUANT TO
SECTION 15301(e) (1), A REQUEST TO CONSTRUCT A
1,333 SQUARE FOOT ADDITION AND INTERIOR AND
EXTERIOR REMODELING TO AN EXISTING 2,691
SQUARE FOOT ONE STORY RESTAURANT STRUCTURE
LOCATED AT 225 GENTLE SPRING LANE (LOT 1,
TRACT -10685), DIAMOND BAR, CALIFORNIA. '$'
A. RECITALS.
1. The property owners, C. K. Loo, Simon Kwan and Kwong-Lim
Kan and applicant, Eric Au, have filed an application for
Conditional Use Permit No. 96-3 (revising Conditional Use
Permit No. 1206(1)) and Development Review No. 96-2
located at 225 Gentle Spring Lane, Diamond Bar, Los
Angeles County, California, as described above in the
title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit and
Development Review shall be referred to as the "Applica-
tion".
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
July 8, 1996 conducted a duly noticed public hearing on
the Application.
5. Notification of the public hearing for this project has
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been made in the -San Gabriel Valley Tribune and Inland
Valley Daily Bulletin newspapers on June 26, 1996.
Twenty-nine property owners within a 500 foot radius of
the project site were notified by mail on June 21, 1996.
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 the
project identified above in this Resolution is
categorically exempt from tali te'Acre(ents)'of the
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-California Environmental Qu y t CEQA of '1970, as
amended, and the guidelines promulgated thereunder,
pursuant to Section 15301 (e) (1) Article 19 of Division
13 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 pr.esi;irption 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 25,264 square foot site,
rectangular shaped, widening and slightly sloping
toward the rear. Currently, site development
includes a 2,691 square foot, one story restaurant
structure with parking and landscaped areas. The
project site is located at 225 Gentle Spring Lane
(Lot 1, Parcel Map 10685).
(b) The project site has a General Plan Land Use
designation of General Commercial '(C). It is zoned
Commercial Planned Development (CPD).
(c) Generally, the following zones and uses surround the
project site: to the north is the Pomona (60)
Freeway; to the south is the CPD Zone; to the east
is the Neighborhood Business -Billboard Exclusion (C-
2 -BE) Zone; and to the west is the Pomona (60)
Freeway and Limited Multiple Residential -Minimum 3
Acres -15 Units Per Acres (R -3-15U) Zone.
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(d) The proposed Conditional Use Permit and Development
(j) The architectural design of the proposed development
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) and the City's general plan.
(k) The design of the proposed development will provide
a desirable environment for its occupants and
„q 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.
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Review is a request"t&,construction 1,332 square
foot addition and interior/exterior remodeling to
and existing 2,691 square foot one story structure
currently utilized as a restaurant.
(e)
The proposed Conditional Use Permit at the location
proposed will not:
(1) Adversely affect the health, peace, comfort or
welfare of persons residing or working 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.
(f) -
The project site � is adequate in size and.,siape--to
accommodate the yards, walls, fences parking and
loading facilities, landscaping and -other
development features, or as is otherwise required in
order to integrate said use in the surrounding area;
(g)
The project site is adequately served by Diamond Bar
Boulevard and Gentle Spring Lane and by other public
or private service facilities as are required.
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(h)
The design and layout of the proposed development is
consistent with the applicable elements of the
City's general plan, design guidelines of the
appropriate district, and any adopted architectural
criteria for specialized area, such as designated
historic districts, theme areas, specific plans,
community plans, boulevards, or planned
developments.
(i)
The design and layout of the proposed development
will not unreasonably interfere with the use and
enjoyment of neighboring existing or future
development and will not create traffic or
pedestrian hazards.
(j) The architectural design of the proposed development
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) and the City's general plan.
(k) The design of the proposed development will provide
a desirable environment for its occupants and
„q 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.
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(1) The proposed development will not be detrimental to
public health, safety or welfare or materially
injurious to the properties or improvements in the p
vicinity.
(m) Substantial evidence exists, considering the record
as a whole, to determine that the proposed project
will not be detrimental to or interfere with the
General Plan.
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 site
plan, floor plan, elevations, landscape/irrigation
plan and materials board collectively labeled as
Exhibit "A" dated July 8; 1996, .as submitted and
approved by the Planning Commission.
(b) 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.
(c) The days and hours of operation shall be Sunday
through Saturday from 10:00 a.m. to 12 midnight.
(d) Supply deliveries shall occur during the
restaurant's non -peak hours of operation.
(e) The restaurant structures maximum occupancy shall
not exceed 130.
(f) The project site shall provide and maintain at least
43 parking stalls - 17 standard, 14 compact and 2
handicap. Stall size and striping shall comply with
the City's Code.
(g) Within 30 days of this grant's approval, the
applicant shall submit a precise landscape/
irrigation plan, for the City's review and approval,,;i.
that complies with the City's water efficiency
landscape regulations whi(;h address plant selection
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and irrigation design. These plans shall also
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include a landscaped island dividing the common
driveway's ingress and egress and the type, size,
quantity and location of plant material.
(h) Within 30 days of this grant's approval, the
_ applicant shall submit a revised site plan, for the
City's review'and approval, delineating the parking
area's lighting standards, style and quantity of
lighting projected at ground level from each
lighting standard. .
(i) The applicant shall repair the low wall located
between the project site and Carl's Jr.
(j) The applicant shall submit the easements owners'
written consent for proposed improvements within the
easements before the issuance of any City permits
(k) Within 30 days of this grant's approval, the
applicant shall submit a revised site plan, for the
City's review and approval, delineating adequate
truck turn around.
(1) The project shall utilize slot drains.
(m) The project shall obtain the Los Angeles County
Health Department's approval.
(n) The project shall obtain the Los Angeles County Fire
Department's approval.
(o) The project shall meet all A-3 occupancy
requirements.
(p) The restaurant structure shall meet the 1994 U.B.C.,
U.P.C., U.M.C. and the 1993 National Electric Code
requirements.
(q) The project shall conform to a minimum design wind
pressure of 80 miles per hours and exposure "C".
(r) All new handicap parking shall comply with new State
handicapped accessibility regulations such as:
1) Providing van parking;
2) Providing the shortest accessible route to
accessible entrance(s).
3) For parking not serving this building, the
shortest pedestrian route to closest pedestrian
entrance of pedestrian facility; and
4) Access walkways shall meet the minimum 48 inch
clearance requirement.
r y (s) This grant's approval shall supercede all previous
approvals.
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(t) 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 p;ltf
to the City 30 days prior to the expiration date.
(u) 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 City
processing fees.
(v)- If the Department of Fish and Game determines thatq.--
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish and
Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a deminimis impact
on fish and wildlife, the applicant shall also pay
to the Department of Fish and'Game any such fee and
any fine which the Department determines to be owed.
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: C. K. Loo,
19101 E. Colima Road, Rowland Heights, CA 91748;
Simon Kwan and Kwong-Lim Kan, 225 Gentle Spring
Lane, Diamond -Bar, CA 91765; and Eric Au of
Pinewave, 21017 Commerce Pointe Drive, Walnut, CA
91769.
APPROVED AND ADOPTED THIS 8TH DAY OF JULY,
PLANNI OMMISSION OF E CITY OF DIAMOND BAR.
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BY:
Mike/Goldenberg, hairman
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1996, BY THE
- - - .. __•-_ ....m, „ .-yt,... —_ �—�- f -I I .ux,M,-m ill Ill .111 e.wiu a* -41,64, L
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
F meeting of the Planning Commission held on the 8th day of July, 1996,
by the following vote: -
AYES: Goldenberg, Ruzicka, McManus, Schad, Fong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ja DeStefano, Secretary
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