HomeMy WebLinkAboutPC 97-09PLANNING COMMISSION
RESOLUTION NO. 97-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 97-5 AND CATEGORICAL EXEMPTION
PURSUANT TO SECTION 15301(x), A REQUEST TO
CONVERT AN END UNIT OF AN EXISTING SHOPPING
CENTER INTO A TACO BELL RESTAURANT WITH A
DRIVE-THRU ISLE AND EXTERIOR AND INTERIOR
REMODELING. THE PROJECT SITE IS LOCATED AT
218 DIAMOND BAR BOULEVARD, DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owner, Diamond Bar Associates and applicant,
Peter Capriotti of Cotti Foods Corporation have filed an
application for Development Review No. 97-5 located at
218 Diamond Bar Blvd., Diamond Bar, Los Angeles County,
California, as described above in the title of this
Resolution. Hereinafter in this Resolution, the subject
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
June 24, 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 June 6, 1997. Two
hundred and seventy-one property owners within a 500 foot
radius of the project site were notified by mail on June
6, 1997.
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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:
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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.
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,Ithe guidelines promulgated thereunder,
pursuant to Section 15301 (a) 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 an 8.7 acre site developed
with a retail shopping center with approximately
102,350 square feet devoted to structure. The
center is identified as Diamond Bar Shopping Center
located at 218 Diamond Bar Boulevard.
(b) The project site has a General Plan Land Use
designation of 'General Commercial (C). It is zoned
Neighborhood Business -Billboard Exclusion (C -2 -BE).
(c) Generally, the following zones and use surround the
project site: to the north is the Pomona (60)
Freeway and the C -2 -BE Zone; to the south is the C-
2 -BE Zone; to the west is the Commercial Planned
Development (CPD) Zone; and to the east is the
Single Family Residence -Minimum Lot Size 8,000
Square Feet (R-1-8,00) Zone.
(d) The proposed Development Review is a request to
convert an end unit (without adding square footage)
of an existing shopping center into a Taco Bell
restaurant with a drive-thru isle. Additionally,
interior and exterior remodeling will occur.
(e) 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
I 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 shbpping
center's existing architectural style or expand the
restaurant unit's square footage. The design and
layout of the proposed restaurant is consi'Istent with
the General Plan in that it will enhance the
existing shopping center by the revitalizing the
center due to the remodeling, landscaping and the
use it self. Furthermore, pursuant to theiGeneral
Plan, the proposed restaurant is a permittl'ed use
within the General Commercial land use designation
and a revenue generating use that will aid,in
minimizing sale tax leakage out of Diamond,;Bar.
(f) 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 orl
pedestrian hazards.
-; The proposed -restaurant is within the Neighborhood -
Business -Billboard Exclusion (C -2 -BE) Zone; which
permits restaurants by right. This is an!,
` established retail shopping center in which the
proposed Taco Bell unit was approved for a pizza
restaurant in 1970 by Los Angeles Regional Planning.
The drive-thru isle will be located on the north
side of the proposed restaurant unit (see 'Exhibit
"A"). The isle's entrance will occur at the first
driveway on Palomino Drive coming from Diamond Bar
Boulevard. The drive-thru isle will be delineated
by stamped and colored concrete, some landscaping
and directional signs. It is these measures
utilized for the isle's identification that will
eliminate traffic and pedestrian hazards.
The isle will contain an order speaker and menu
board. The order speaker will be located
approximately 80 feet west of the residential uses
which are adjacent to the shopping center's rear
property line. The speaker will face west, emitting
sound in that direction. The speaker's sound
emittence from 16 feet, at medium volume, .is 61 dBA.
This sound level is equivalent to a dishwasher at 10
feet, an air conditioning unit at 15 feet, or an
electric typewriter at 10 feet. With the speaker
sound emitting in a westerly direction and the
residences, a minimum of 80 feet east of the
speaker, the speaker sound will not have a
significant impact on the residences.
Pursuant to the Code, structures utilized for dining
shall provide the number of parking spaces based on
occupancy, as calculated by the Building Official.
Furthermore, the Los Angeles County Planning and
Zoning Code require's that one parking space bej;,
provided for every three occupants. The Building
Official's calculations indicate a maximum occupancy
of 111. Therefore, 37 parking spaces are required.
The shopping center's parking area provides 476
spaces. With the current uses and vacancies, 455
parking spaces are required. Considering the uses
and their peak times of operation and the deletion
and addition of parking spaces due'to the Taco Bell
drive-thru isle, the parking provided is adequate.
The parking lot area adjacent to the proposed Taco
Bell and areas'affect by this project's proposal
will be resurfaced and restriped.
Due to the above referenced measures, the design and
layout of the proposed restaurant will not
unreasonably interfere with the use and enjoyment of
neighboring existing or future development and will
hot create 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
approved through Los Angeles County Regional
Planning 1970. The proposed restaurant does not
alter the shopping center's architectural design.
The architectural design of commercial and
residential development in the surrounding area is
eclectic. The center's architectural style is
Mediterranean. The proposed exterior remodeling and
the tower addition will add interest and variety to
the center's existing architecture through height
variation, texture and color. These exterior
alterations are compatible with the existing
structures within the center and adjacent
commercial development. Therefore, the proposed
project is compatible with the character of the
surrounding neighborhood and will maintain the
harmonious, orderly and attractive development
contemplated by the City's Development Review
Ordinance and General Pian.
(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
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retain a reasonably adequate level of maintenance.
The originally approved design of the shopping
center will not be altered by the proposed
restaurant. However, the above referenced exterior
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alterations (see (e) and (g) above) 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.
(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 June 24, 1997, 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 con-
struction, 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
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Diamond Bar to provide such services.
(c)
The days and hours of operation shall be Sunday
through Thursday from 6:00 a.m. to 11:00 p.m. and
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Friday and Saturday from 6:00 a.m. to Midnight.
(d) Supply deliveries shall occur during the
restaurant's non -peak hours of operation.r4t
(e) A trash/recycle bin enclosure shall be located on
the east side of the restaurant unit. The enclosure
shall be constructed from materials and colors that
match the'structure. 'A detail of the enclosure
shall be reviewed and approval by the City before
its construction.
(f) Any conduit, wires, pipes, etc. which exists or may
be installed shall be covered with flashing painted
to match the structure. Ladders utilized for roof
access shall be painted to match the structure.
(g) The planter area across the parking lot from the
proposed restaurant's main entry and at the rear of
the service station shall be planted with shrubs and
ground cover that matches the existing landscaping.
Any landscaping destroyed during the remodeling
process and any landscaping that has perished over
time shall be replaced to match existing.
Landscape/irrigation plan delineating the species
size, color and location shall be submitted to the
City for review and approval before the issuance of
any City permits.,,.
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(h) Lighting added for this project shall be arranged as
to prevent glare or direct illumination in any
residential zone or in a manner which will not cause
a traffic hazard.
(i) The existing block wall which divides the single
family residences from the shopping center shall be
repaired and painted in a color compatible with the
shopping center structure.
(j) The drive-thru isle shall be delineated by stamped
and colored concrete. This design concept shall be
review and approved by the City before its
installation.
(k) The restaurant shall comply with American
Disabilities Act (ADA) requirements as approved by
j the Building Official_ Plans shall delineate the
following:
(1) Handicap van parking;
(2) Shortest accessible route to accessible
entrance (s)
f (3) Restrooms' handicap accessibility; and
(4) Handicap ramps.
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(1) All sign requests shall be submitted to the City for
review and approval.
(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 comply with the National Pollutant
Discharge Elimination System (NPDES) requirements.
(r) Structures shall be engineered to meet wind loads of
80 m.p.h. with a "C" exposure.
(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
renit 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.
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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: Diamond Bar
Associates, 4350 La Jolla Village Drive, San Diego,
CA 92122-1233, and Peter Capriotti, Cotti Foods
Corporation, 25 Mauchly, #321, Irvine, CA 92618
APPROVED AND ADOPTED THIS 24TH DAY OF JUNE, 1997, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
�BY: �17
►�_ .,�oe Ruzi ', 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 24th day of June, 1997,
by the following vote: 01
AYES: Ruzicka, Schad, Goldenburg
NOES: None
ABSENT: McManus, Fong
ABSTAIN: None
ATTEST:
ames DeSteano, Secretary
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