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HomeMy WebLinkAboutPC 98-08PLANNING COMMISSION RESOLUTION RESOLUTION NO. 98-8 ,. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW 98-7 A REQUEST TO COMBINE AND REMODEL TWO VACANT UNITS IN AN EXISTING COMMERCIAL CENTER TO CREATE A 2,700 SQUARE FOOT FAMILY RESTAURANT LOCATED IN THE DIAMOND BAR TOWNE CENTER LOCATED AT 1126 DIAMOND BAR BLVD. IN THE CITY OF DIAMOND BAR. A. Recitals 1. The property owner Nikko Capital Corporation and the applicant, Johnny Chan have filed an application for Development Review 97-7 to combine and remodel two vacant units in an existing commercial center to create a new 2,700 square foot family restaurant in the Diamond Bar Towne Center located at 1126 Diamond Bar Blvd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review is referred to --' as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21'and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), 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 contains 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 its 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 April 28, 1998 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 �BpjI�iNF'�ti" Valley Daily Bulletin newspapers on April 3, 1998. 550 property owners and occupants within a 500 foot radius of the project site were notified by mail on April 6, 1998. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Con.mission of the City of Diamond Bar as follows: 1. The 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) as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301, Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to 2,700 square feet of an existing 9.47 acre shopping center. (b) The project site has a General Commercial (C) General Plan Land Use designation and is within the Unlimited Commercial -Billboard Exclusion (C -3 -BE) zoning district. (c) Generally, the following zones and uses surround the 'subject site: to the north are single family residential homes with a zoning designation .of Single Family Residential (R-1-8,000), to the south and west are commercial uses located in centers in the C -3 -BE zone and to the east is the Limited Multiple Residence zone (R-3 8,000 DU). (d) The project involves the installation of a 2,700 square foot family restaurant. 14 (e) The proposed project is in compliance with the General Pian. 2 The proposed project is located within the General Commercial (C) land use designation, which provides for a range of freeway -oriented and/or community retail and service commercial uses. The proposed project is therefore in compliance with the General Plan. (f) 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 areas, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned develop- ments. The proposed project does not alter the shopping center's existing architectural style or expand the building's footprint. The design and layout of the proposed restaurant is consistent with General Plan in that it is a revenue generating use that will aid in minimizing sales tax leakage out of Diamond Bar. (g) Approval of the design and layout of the proposed cs is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, -orderly, attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's General Plan. The proposed project is consistent with the land uses contemplated within the General Commercial (C) land use designation and is permitted by right, within the C-3 zone. The design and layout of the project is consistent with and will not alter the existing center. (h) The architectural design of the proposed project 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 pp* established retail shopping center which can 3 accommodate the proposed restaurant without expanding its originally approved square footage. The parking lot area provides 434 parking stalls. The parking analysis that was conducted for this center found that with the addition of the proposed restaurant a maximum of 277 parking stalls., -will be occupied at any one time during peak hours of operation, therefore the parking stalls provided are adequate. Furthermore, the Public Works Department reviewed this project and determined that there are no traffic or pedestrian hazards. (i} The design of the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and colors that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The shopping center was originally processed and approved through the Los Angeles County Regional Planning Department and was final in 1982. The proposed restaurant does not alter the shopping center's design. (j) The design of the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through the use of materials, textures, and colors 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. The only architectural change will be the changeout of the storefront elevation to convert it to one unit, which will match the existing storefronts. (k) 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 permit, the proposed project is required to comply with all conditions within: she approved resolution and the 4 Building and Safety Division, Public Works Department, 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. I 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to the site plan and elevations collectively labeled as Exhibit "A" dated April 28, 1998 as submitted to and approved by the Planning Commission. (b) The subject 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 NPDES requirements and shall obtain the necessary permits. (d) The restaurant shall comply with American with Disabilities Act (ADA) requirements as approved by the Building Official. (e) All sign requests shall be submitted to the City for review and approval. (f) The project shall obtain the Los Angeles County Health Department's's approval. 5 (g) The project shall obtain the Los Angeles County Fire Department's approval. (h) The project shall meet all A-3 occupancy requirements. (i) The restaurant shall meet the 1994 U.B.C., U.P.C., U-.M.C., and the 1993 National Electric Code requirements. (j) The applicant shall obtain approval of a Parking Permit prior to Certificate of Occupancy. (k) Prior to building permit issuance plans must be submitted showing the location of all handicapped parking stalls in the impacted area. The impacted area shall include one van accessible handicapped parking space. The site plan shall indicate the slope of the parking lot to determine if existing parking lots allows for new handicap parking. (1) All employees of the restaurant shall utilize parking located to the rear of the building. (m) The Applicant shall comply with Planning and zoning, Building and Safety, and Public Works Divisions', and Fire Department requirements.;' (n) This grant is valid for. two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (o) 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 and Develop- ment Services 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. (p) 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 6 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 fees and any fines which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit certified copies of this Resolution, by certified mail to Nikko Capital Corporation, 3961 MacArthur Blvd. #105, Newport Beach, CA 92660 and Johnny Chan, 123 S. Lincoln Ave., Monterey Park, CA 91754. APPROVED AND ADOPTED THIS THE 28TH DAY OF APRIL 1998 BY THE Planning coirmission OF THE CITY OF DIAMOND BAR. By: JMcManus, Chairman I, James DeStefano, Planning Commission Secretary; do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28TH day of April 1998, by the following vote: AYES: Kuo, Nelson, Ruzicka, VC/Tye, Chair McManus NOES: ABSENT: ABSTAIN: s ATTEST: James De3tefano, Secretary 7 licant, Johnn Chan have filed an application for Development Review 97-7 to combine and remodel two vacant nits in an existing commercial center to create a new 2,700 square foot family restaurant in the Diamond Bar Towne Center located at 1126 Diamond Bar Blvd., Diamon TION OF T PLANNING COMMISSION RESOLUTION RESOLUTION NO. 98-8 E PIANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW 98-7 A REQUEST TO COMBINE AND REMODEL TWO VACANT UNITS IN AN EXISTING COMMERCIAL CENTER TO CREATE A 2,700 SQUARE FOOT FAMILY RESTAURANT LOCATED IN THE DIAMOND BAR TOWNE CENTER LOCATED AT 1126 DIAMOND BAR BLVD. IN THE CITY OF DIAMOND BAR. Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this A. Recitals Resolution, the subject Development Review is referred t 1. The property wner Nikko Capital Corporation and the as the "Application" 3. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 2. On April 18, 1989, the City of Diamond Bar was 4. The Planning Commission of the City of Diamond Bar, on April 28, 1998 conducted a duly noticed public hearing on the Application. established as a duly organized municipal organization o the State of California. On said date, pursuant to th requirements of the California Government Code Sectio 57376, Title 21'and 22, the City Council of the City o Diamond Bar adopted its Ordinance No. 14 1989 thereb adopting the Los Angeles County Code as the ordinances o the City of Diamond Bar. Title 21 and 22 of the Lo Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable t development alications incl dinq the sub'ec Application, within the City of Diamond Bat 3. Action was taken on the subject application as to its 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 April 28, 1998 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 April 3, 1998. 550 property owners and occupants within a 500 foot radius of the project site were notified by mail on April 6, 1998. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Conanission 1. The 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) as amended, and the Guidelines promulgated thereunder, pursuant to Section 15301, Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a)' The project relates to 2,700 square feet of an existing 9.47 acre shopping center. (b) The project site has a General Commercial (C) General Plan Land Use designation and is within the Unlimited Commercial -Billboard Exclusion (C- 3 -BE) zoning district. (c) Generally, the following zones and uses surround the subject site: to the north are single family residential homes with a zoning designation ' of Single Family Residential (R-1-8,000), to the South and west are commercial uses located in centers in the C -3 -BE zone and to the east is the Limited Multiple Residence zone (R-3 8,000 DU). (d) The project involves the installation of a 2,700 square foot family restaurant. (e) The proposed project is in compliance with the General Plan. The proposed project does not alter the shopping center's existing architectural style or expand the building's footprint. The design and layout of the proposed restaurant is consistent with General Plan in that it is a revenue generating use that will aid in minimizing sales tax leakage out of Diamond Bar. (g) Approval of the design and layout of the proposed project is compatible with the characteristics o The proposed project is located within the General Commercial (C) land use designation, which provides for a range of freeway-oriented and/or community retail and service commercial uses. The proposed project is therefore in compliance with the General Plan. the surrounding neighborhood and will maintain the harmonious, -orderly, attractive develo men f) 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 areas, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. contemplated bV Chapter 22.72 of Development Revie The proposed project does not alter the shopping center's existing architectural style or expand the building's footprint. The design and layout of the proposed restaurant is consistent with General Plan in that it is a revenue generating use that will aid in minimizing sales tax leakage out of Diamond Bar. (g) Approval of the design and layout of the proposed 12 ordinance No. 5 1990 and the City's General Plan. The proposed project is consistent with the Ian uses contemplated within the General Commercial C land use designation and is permitted by right within the C-3 zone. The design and layout of th project is consistent with and will not alter th existinq center. h The architectural design of the proposed projec will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic o pedestrian hazards. The proposed restaurant is within the Unlimited Commercial -Billboard Exclusion C -3 -BE zone which permits restaurants by right. This is a established retail shopping center which ca I accommodate the proposed— restaurant without ding its originally approved square footage. expan The parking lot area provides 434 parking stalls. The Parking analysis that was conducted f or this center found that with the addition of the proposed restaurant a maximum of 277 parking stalls-wiAl be occupied at any one time during peak hours of operation, therefore the parking stalls provided are adequate. Furthermore, the Public Works Department reviewed this project and determined that there are no traffic or pedestrian hazards. The design of the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and colors that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The shopping center was originally processed and approved through the Los Angeles County Regional Planning Department and was final in 1982. The proposed restaurant does not alter the shopping center's design. Q) The design of the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through the use of materials, textures, and colors 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 resta ura nt. The only architectural change will be' the 'changeout of the storefront elevation to convert it to one unit, which will match the existing storefronts. (k) 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 permit, the proposed project is required to comply with all conditions withir. the approved resolution and the OMAN11 Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: trash, debris, and refuse, whether during o b The subject site shall be maintained in a condition which is free of debris both during and after the approved by the PIinning Building and Safety Division, Public Works Department, Health Department Fire Department and National Pollutant Discharge Elimination System (NPDES) requirements. The referenced agencies' involvemen will ensure that the proposed restaurant is not detrimental to the public health, safety or welfare, or materially injurious to the properties o improvements in the vicinity. construction, addition, or implementation of th entitlement granted herein. The removal of all Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: trash, debris, and refuse, whether during o (a) The project shall substantially conform to the site plan and elevation collectively labeled as Exhibit "A" dated April 28, 1998 as submitted to approved by the PIinning Commission. subsequent to construction shall be done only b the property owner, applicant or- by a dul (c) The applicant shall comply with all NPDES requirements and shall obtain th necessary permits. (d) The restaurant shall comply with American with Disabilities Act (ADA requirements as approved by the Building Official. permitted waste contractor, who has been authorized (e) All sign requests shall be submitted to the City for review and approval. (f) The project shall obtain the tos Angeles County Health Department's' approval. by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial area within the City. It shall be theapplicant' obligation to insure that the waste contractor utilized has obtained permits from the City o Diamond Bar to provide such services. (c) The applicant shall comply with all NPDES requirements and shall obtain the necessary permits. (d) The restaurant shall comply with American with Disabilities Act (ADA) requirements as approved by the Building Official. (e) All sign requests shall be submitted to the City for review and approval. (f) The project shall obtain the tos Angeles County Health Department's's approval. (g) The project shall obtain the Los Angeles County Fire Department's approval. (h) 'The project shall meet all A-3 occupancy requirements. II employees of the restaurant shall utilize (i) Tlie restaurant shall meet the 1994 U.B.C., U.P.C., U-.M.C., and the 1993 National Electric Code requirements. Q) The applicant shall obtain approval of a Parking Permit prior to Certificate of occupancy. oarkinq located to the rear of the building. W Pi for to building permit issuance plans must be submitted showing the location of all handicapped parking stalls in the impacted area. The impacted area shall include one van accessible handicapped parking space. The site plan shall indicate the slope of the parking lot to determine if existing parking lots allows for new handicap parking. M The Applicant shall complV with Planning an ing, Building and Safety, and Public Work on Divisions', and Fire Department requirements n This grant is valid for two 2 ears and shall b exercised i.e. construction within that period o this grant shall expire. A one 1 year extension may be requested in writing and submitted to the city 30 days prior to thisgrant's expiration date. o This grant shall not be effective for any purpos until the permittee and owner of the propert involved if other than thepermittee) have filed„' within fifteen 15 days of approval of this grant, at the City of Diamond Bar Community and Develop ment Services Department, their affidavit statin that they are aware of and agree to accept all th conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processingfees. a If the Department of Fish and Game determines t Fish and Game Code Section 711.4 applies to th approval of this project, then the applicant shall remit to the City, within five days of this rant' approval, a cashier's check of $25.00 for 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 fees and any fines which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit certified copies of this Resolution, by certified mail to , Nikko Capital Corporation, 3961 MacArthur Blvd. #105, Newport Beach, CA 92660 and Johnny Chan, 123 S. Lincoln Ave., Monterey Park, CA 91754. APPROVED AND ADOPTED THIS THE 28TH DAY OF APRIL 1998 BY THE Planning Commission OF THE CITY OF DIAMOND BAR. By: J McManus, Chairman M James DeStefano', Planning Commission Secretary,'- do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28TH day of April 1998, by the following vote: AYES: Kuo, Nelson, Ruzicka, VC/Tye, Chair McManus NOES F-111-121:1111111 ABSTAIN: ATTEST: James De,3tefano, Secretary