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HomeMy WebLinkAboutPC 96-21x PLANNING COMMISSION RESOLUTION NO. 96-21 I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 96-13 AND CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 (C) (1), A REQUEST TO CONVERT A RETAIL USE TO A 2,950 SQUARE FOOT RESTAURANT AND INTERIOR AND EXTERIOR REMODELING LOCATED AT 1136 DIAMOND BAR BLVD. (PARCEL 2 OF PARCEL MAP 10252), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Nikko Capital Corporation and applicant, Boston West, L.L.C., have filed an application for Development Review No. 96-13 located at 1136 Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, ' as described above in the title of this Resolution. i Hereinafter in this Resolution, the subject Development R4view shall be refeired to ac the I-ApplicutionfP . 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 (19190), 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 November 25, 1996 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Dailv Bulletin newspapers on November 13, 1996. �1m Two hundred and ten property owners within a 500 foot radius of the project site were notified by mail on November 6, 1996. 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: XI 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 the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines p'romulgated'thereunder, pursuant to Section 15303 (c) 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 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 9.47 acre site developed with a retail shopping center with approximately 105,000 sgUcere.feet devoted to structure. The center is identified as Diamond Bar Towne Center located at 1136 Diamond Bar Boulevard. (b) The project site has a General Plan Land Use designation of General Commercial (C). It is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) Generally, the following zones surround the project site: to the north"is the Single Family Residence - Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone; to the south and west is the C -3 -BE Zone; and to the east is the Limited Multiple Residence -Minimum Lot Size 8,000 Square Feet -30 Units Per Acre (R -3-8,000- 30U) Zone. (d) The proposed Development Review is a request to expand a vacant retail unit, thereby incorporating a portion of the adjacent vacant unit to accommodate a 2,950 square foot restaurant identified as the Boston Market. Additionally, the request includes interior remodeling, new doors and windows, awnings and the removal of 400 square feet of landscaped 2 area to accommodate outdoor patio dining. The remodeling does,not change the architectural style or expand the building'°s: foot print. (e) The design and layout of the proposed development is consistent with the applicable elements of the w„m 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. The proposed project does not alter the shopping center's existing architectural style or expand the restaurant building's foot print. However, the design and layout of the proposed restaurant is consistent with the General Plan in that it enhances pedestrian activity by utilizing an outdoor patio dining area. Furthermore, pursuant to the General Plan, the proposed restaurant is a revenue gen- erating use that will aid in minimizing sale tax leakage out of Diamond Bar. (f) The design and layout of the proposed development 5 will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The proposed restaurant is within the.Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone which permits restaurants by right. This is an established retail shopping center which can accommodate the proposed restaurant without expanding its originally approved square footage. The parking lot area provides 436 parking stalls. With the existing uses, proposed restaurant and vacancies, 431 parking stalls are required. Considering the uses and their peak hours of operation, the parking stalls provided are adequate. Furthermore, the Public Works Department reviewed this project and determined that there are no traffic or pedestrian hazards. . (g) 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. The shopping center was originally processed and R approved through Los Angeles County Regional Planning and finaled in 3.982. The proposed restaurant does not alter the shopping center's architectural design. However, the architectural design of commercial and residential development in Diamond Bar is eclectic. The center's architectural style is Mediterranean. The addition of awnings and an outdoor patio dining area is an enhancement for the center. Therefore, the proposed project is compatible with the characterof the surrounding h' neighborhood and will maintain the harmonious, orderly'and attractive development contemplated by the City's Development Review Ordinance. (h) The design of the proposed development 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. The originally approved design of the shopping center will not be altered by the proposed restaurant. However, adjacent to the northwest corner of the restaurant unit, an outdoor patio dining will be installed providing a secondary desirable dining area. The proposed awnings are constructed from vinyl which will retain a reasonably adequate level of maintenance. The awning colors are'compatible with the existing colors utilized within the shopping center and other development in the vicinity. (i) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Before, the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Depart- ment, Health Department, Fire Department and National Pollutant Discharge Elimination System (NPDES) requirements. The referenced agencies' involvement will ensure that the proposed restaurant is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. ' 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 and elevations collectively labeled as Exhibit "A" dated November 25, 1996, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is '„p. free of debris both during and after the construction; addition, or implementation of the 4 -- - --- -- entitlement granted hdrin. 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 11:00 p.m. (d) Supply deliveries shall occur during -the restaurant's non -peak hours of operation. (e) Delivery and trash trucks shall not utilize drive isles for parking during deliveries or trash pickup. (f) The restaurant structures, including the outdoor patio area, shall not exceed a maximum occupancy of 91. (g) The existing 42 inch high block wall located adjacent to the outdoor patio dining area (parallel- and five feet from the ,sid,ewalk) .shall be extended at an angle toward the restaurant unit. (h) Any landscaping destroyed during the remodeling process shall be replaced to match existing. (i) Lighting for the outdoor patio dining area shall be so arranged as to prevent glare or direct illumination in any residential zone or in a manner which will not cause a traffic hazard. (j) There shall be no amplified sound of music within the outdoor patio dining area. (k) The restaurant shall comply with American Disabilities Act (ADA) requirements as approved by the Building Official. (1) All sign requests shall be submitted to the City for review and approval. (m) The project obtain the Los Angeles County Health Department's approval. (n) The project shall obtain the Los Angeles County Fire Department's approval. �.xvy 5 II II II 111 I -7-T" , ---I'- I I�: 1 11 1 P riu_._ ._-_1-_.___.__---___-__ (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.G. and the 1993 National Electric Code requirements. (q) The project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements. (r) The applicant shall install a trash enclosure that is compatible with the shopping center's architectural style. The trash enclosure's design and, location shall be reviewed and approved by the City. (s) 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. (t) 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. (u) If the Department of Fish and Game determines that 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: Nikko Capital Corporation, 3961 MacArthur Blvd., #105, Newport Beach, CA 92660 and Boston West, L.L.C., P.O. Box 61083, Anaheim, CA 92803-6183. APPROVED AN ADOPTED THIS 25TH DAY OF NOVEMBER, 1996, BY THE PLANNING COMMISSI OF THE CITY OF DIAMOND BAR. BY: Mike oldenberg, hairman 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 25th day of November, 1996, by the following vote: AYES: Goldenber, Ruzicka, Fong, McManus, Schad NOES: None ABSENT: None ABSTAIN: None A ATTEST: 4a-me's`DeStefano Secretary 7