HomeMy WebLinkAboutPC 97-03d.. +,-,xauoL66JJWA-6 6,,.--,-.—k
PLANNING COMMISSION
F RESOLUTION NO. 97-3
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 97-1, A
REQUEST TO CONVERT AN EXISTING SERVICE STATION TO A
FACILITY WITH UNATTENDED FUELING PUMPS LOCATED AT 2875
DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The applicant, Tait and Associates Inc., and the
applicant's agent, John Murphy have filed an application
for Development Review No. 97-1 as described above in the
title of this Resolution. Hereinafter in this
Resolution, the subject 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 uNprii^viYtiCi.S, including the
subject Application, within the City of Diamond Bar.
3. On July 25, 1995, the City of Diamond Bar adopted its
General Plan. 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
February 25, 1997 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 Daily Bulletin newspapers on February 14, 1997.
26 property owners within a 300 foot radius of the
project site were notified by mail on February 14, 1997.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by
the Planning Commission of the City of Diamond Bar as
follows:
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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. ilGli'
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 of 1970, as
amended, and the guidelines promulgated thereunder,
pursuant to Section 15303 of Article 19 of Chapter
3 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 wildlife 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. Basedon the findings and concl;tsions set forth
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herein, this Planning Commission hereby finds as
follows:
(a) The project relates to a 17,424 square foot
developed parcel, located at 2875 Diamond Bar
Boulevard'.
(b) The project site has a General Plan land use
designation of General Commercial (CG). It is
within the Restricted Business, (C-1) zone.
(c) Generally, the following zones and uses
surround the project site: to the north is the
C-1 zone and the Country Hills Towne Center, to
the south is single family residential
development and the R-1-7,500 zone, to the east
is multi -family residential development and the
RPD zone and to the west is the C-1 zone and
the Country Hills Towne Center.
(d) The proposed project is a request to convert an
existing service station into a ,station with
unattended fueling pumps. 0
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(e) The design and layout of the proposed
r development review is consistent with the
applicable elements of the City's General Plan,
design guidelines of the appropriate district
`R and any adopted architectural criteria for
specialized areas, such as designated historic
districts, theme areas, specific plans,
community plans, boulevards or planned
developments.
The proposed project does not alter the service
station's existing architectural style or
expand any building footprint. The proposed
conversion will primarily involve retrofitting
the pumping stations. The proposed conversion
will provide a convenient and quick method of
obtaining gas for the residents of the
community.
(f) The design and layout of the proposed
development will not unreasonably interfere
with the use and enjoyment of the neighboring
existing or future development and will not
create traffic or pedestrian hazards.
The proposed service station is within the
Restricted Business C-1 zone which permits
automobile service stations by right. This is
_ an existing service station which was designed
to accommodate the traffic requirements of a
service station. It is not anticipated that
converting the fueling function to unattended
service will generate additional traffic on
this site. Further, it may expedite any wait
at the pumps since customers can no longer walk
to the office to pay cash or receive change.
The existing service bays will remain in
operation. There is adequate room for parking
to accommodate this use on the site. Further,
a condition of approval has been included
requiring the applicant stripe the existing
area utilized for parking to insure that there
are adequate parking spaces designated to serve
this use.
(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
the Development Review Ordinance No. 5 (1990)
and the City's General Plan.
The service station was originally constructed
in 1966 when Diamond Bar was under the
jurisdiction of the County Y and has been a
fixture within, this area ever since.
Throughout the years the site has been
adequately maintained and the facility has been
kept in good repair. The proposed conversion
will not alter the design of the service
station.
(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 constructed design of the
service station will not be altered by the
proposed conversion. The conversion will
involve upgrading the lighting on the site for
security purposes giving the site a brighter
appearance but this will not alter the overall
appearance of the site or impact surrounding
neighbors.
(i) The proposed ' development will not be
detrimental to the' 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 of the approved resolution and the
Building and Safety Division, Public Works
Department, Fire Department and L.A. County
Sheriff, The referen'ced agencies' involvement
will ensure that the proposed conversion to an
unattended facility is not detrimental to +-he
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
plans collectively labeled as Exhibit "A"
dated February 25, 1997, as submitted and
approved by the Planning commission. '''
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(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 applicant shall comply with all State, C-1
Zone, Public Works Department and Building and
Safety Division requirements.
(d) 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.
(e) This grant, shall not be effective for any
purpose until the permittee and,,?owner of the
property involved (if other than permittee)
have filed, within fifteen (15) days of
approval of this -grant, at the office of
Diamond Bar Community Development Department,
their Affidavit of Acceptance stating that the
applicant/owner is aware of and agrees to all
conditions of this grant. Further, this grant
shall not be effective until the permittee pays
any remaining City processing fees.
(f) 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, payable to the County of Los Angeles, 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 de minimis impact
on fish and wildlife, the applicant shall also
pay to the Department of Fish and Game any such
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fee and any fine which the Department
determines to be owed. Rb
(g) Within 30 dais of this grant's approval, theJ
applicant shall submit plans showing the
location of the security cameras with an
attached analysis and 'recommendation of a
qualified security consultant. These plans
shall be reviewed and approved by the Planning
Division prior to the, issuance of any City
permits.
(h) Within one year from the date of approval of
this project, the applicant shall present staff
with an update on the status on the operations
of the unattended facility. At that time staff
will reevaluate this project and if necessary
applyadditional 'conditions or modify the
project as deemed necessary to improved
security or operation of the facility subject
to Planning Commission approval.
(i) The 'hours of operation of the service bays
shall be 7:00 a.m. to 7:00 p.m. Monday through
Friday and 8:00 a.m. to',6:00 p.m. on weekends.
During the hours that the service bays are open
the restroom facilities' shall also be open.
During unattended hours Unocal shall ensure
that all buildings are locked and secured.
(j) Every pump island shall be maintained shall be
maintained and supplied with trash cans,
squeegees and paper, towels at all times.
(k) Within 30 days of the grants approval lighting
plans shall be submited showed the location of
new lighting and including technical
information demonstrating that in compliance
with the L.A. Country Sheriff's Department's
requirements the adequate lighting is provided
at lumen per square foot. Further, any on site
lighting shall not impact surrounding
residential or commercial properties. The
lighting plans shall be reviewed and approved
by the Planning Division prior to issuance of
any City permits.
(1) The site and all operational functions shall be
monitored by the "host site" via security
cameras and intercom 24 hours a day seven days
a week. "i�
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(m) The a minimum of 7 parking spaces shall be
provided along the northerly property boundary
prior to final inspection. The parking spaces
shall be installed in compliance with the
provisions of the Planning and Zoning Code
Chapter 22.52. Striping plans shall be
reviewed and approved by the Planning Division
prior to issuance of any City permits.
(n) Prior to the issuance of City permits, the two
freestanding storage structures on the site
shall either be removed, building permits shall
be obtained subject to Planning Division and
Building and Safety approval.
(o) 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.
(p) The submitted plans shall meet all B-2
occupancy requirements.
(q) The plans for any new construction shall be
engineered to meet wind loads of 80 m.p.h. with
an exposure "C.°
W._.. (r) Plans shall be submitted showing existing
parking to determine handicap parking needs.
All new handicapped parking shall comply to new
State Handicapped Accesible Regulations. (1)
show compliance for van parking. (2) provide
shortest route to accessible entrances.
(s) The existing restroom shall meet current
accessibility requirements. The restroom
access doors shall be clearly marked with
symbols.
(t) All ramps shall be handicapped Accesible.
(u) Any signs shall be permitted separately.
(v) The plans shall be reviewed and approved by the
L.A. County Fire Department including off-site
f ire flow requirements which shall be a minimum
of 2,000 G.P.M. @ 20 P.S.I.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
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(b) Forthwith transmit a -certified copy of this
Resolution, by certified mail, to Tait and
'I
Associates, Inc. 1100 Town and Country Road �R�J'''
11200,, Orange, CA 92868 and John Murphy 7 l' ''"'
II;
Capobella; Irvine, CA 92614.
APPROVED AND ADOPTED this 25TH DAY OF FEBRUARY,
1997,WENING OMMISSION OF THE CITY OF DIAMOND BAR.
BMke Goldenberg, 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 February 1997, by the following vote:
AYES: COMMISSIONERS: Goldenberg, Ruzicka,
Fong, McManus, Schad
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: %7
James DeStefano, -cretary
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