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Home My WebLink AboutPC 98-13.,,......... ......... .,. - PLANNING COMMISSION RESOLUTION RESOLUTION NO. 98-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW 98-4 A REQUEST FOR THE CONSTRUCTION OF A 4,994 SQUARE FOOT, ONE-STORY COMMERCIAL UNIT ON A VACANT PAD IN AN EXISTING COMMERCIAL CENTER LOCATED AT 21050 GOLDEN SPRINGS DRIVE IN THE CITY OF DIAMOND BAR. A. Recitals 1. The property owner Diamond Creek Village Center, LLC and the applicant, The Withee Malcolm Partnership have filed an application for Development Review 98-4 to construct a 4,994 square foot, one-story commercial unit in an existing commercial center for future retail use in the Diamond Creek Village Center located at 21050 Golden Springs Drive, 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 May 12, 1998 conducted a duly noticed public hearing on the Application. 1 r 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 May 1, 1998. 109 property owners within a 300 foot radius of the project site were notified by mail on April 29, 1998. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission 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 15303, 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: F "i Pa (a) The project relates to the construction of 4,994 square feet in an existing 117,481 square foot shopping center. (b) The project site has a General Commercial (C) General Plan Land Use designation and is within the Neighborhood Commercial (C-2) zoning district. (c) Generally, the following zones and uses surround the subject site: to the north is the C-2 zone and commercial uses to the south are single family residential homes with a zoning designation 'of Single Family Residential (R-1-8,000), to the east are residential uses within the Residential Planned Development (RPD) zone, and to the west are commercial uses located in the Unlimited Commercial (C-3) and C-2 zone and single family residential uses located within the R-1-8,000 zone. (d) The project involves the construction of a 4,994 commercial unit on a vacant pad in an existing commercial center. 2 (e) The proposed project is in. compliance with the General Plan. 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 will be an be constructed to match the shopping center's existing architectural style and is placed on a vacant pad that was planned for the addition of the proposed unit. The design and layout of the proposed commercial unit is consistent with General Plan in that it will be 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 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 the proposed unit is designed to accommodate the commercial uses that are permitted within the C-2 zone. The design and layout of the project is consistent with and will not alter the fundamental design of the existing shopping 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. 3 The proposed unit is within the Neighborhood Business Zone (C-2) zone which permits a range of commercial, office and retail uses. This is an Pyk established retail shopping center which was designed to accommodate the additional commercial square footage. 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. The proposed commercial unit 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 unit will be constructed to match the architectural style of the existing shopping center. (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 the approved resolution and the 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, 7. 4 (e) The project shall obtain the Los Angeles County Fire Department's approval. (f) The project' shall meet all B occupancy requirements. (g) The unit shall meet the 1994 U.B.C., U.P.C., U.M.C., and the 1993 National Electric Code requirements. (h) 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 5 safety or welfare, o'lmaterially injurious to the properties or improvements in the vicinity. 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 May 12, 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 IDiamond Bar to provide such services'. -_ (c) The unit shall comply with American with Disabilities Act (ADA) requirements as approved by i the Building Official. (d) All sign requests shall be submitted to the City N for review and approval. (e) The project shall obtain the Los Angeles County Fire Department's approval. (f) The project' shall meet all B occupancy requirements. (g) The unit shall meet the 1994 U.B.C., U.P.C., U.M.C., and the 1993 National Electric Code requirements. (h) 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 5 r: (e) The project shall obtain the Los Angeles County Fire Department's approval. (f) The project' shall meet all B occupancy requirements. (g) The unit shall meet the 1994 U.B.C., U.P.C., U.M.C., and the 1993 National Electric Code requirements. (h) 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 5 parking space. The site plan shall indicate the slope of the parking lot to determine if existing parking lots allows for new handicap g., P g p Parkin ��'�;�k ON N (i) The Applicant shall comply with Planning and Zoning, Building and Safety, and Public Works Divisions', and Fire Department•requirements. (j) All utility improvements should be made' prior to occupancy. Should there be any cuts required within the City right-of-way, the appropriate encroachment permit must be pulled and fees paid. (k) The applicant is responsible for sewer connection and storm drain connection and shall ensure connection with L.A. Country Department of Public Works for storm drain and sewer lateral is none available and the County sanitation District for connection fees. The applicant shall bear all costs associated with the improvement, review and approval of -sewer and storm drains. (1) Application shall be made with the Public Works Division for a new address for the proposed unit. (m) Future use of the proposed unit shall be limited to non retaurant uses and shall be subject to Planning Division approval prior to occupancy. u (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 4 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 6 — — "—"--_—'—'�'—i.,,,._�»m.,i�lall6�aJl� I �k„�. _ i __ �u .-._,,•�-�ra;.� .,:��,...�,.... _�� — — ----- — 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. (q) The property owner shall provide additional trees on the slope to the rear of the building in a quantity sufficient to provide additional screening for residents adjacent to Center. Trees shall be a minimum of 15 gallon in size and shall be compatible with the existing landscaping. The additional trees shall be installed prior to final inspection of the unit and the quantity, size and type shall be subject to Planning Division approval. 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 Diamond Creek Village Center, LLC, 3967 Thousand Oaks Blvd., 3967 Thousand Oaks Blvd. Suite G, Westlake Village, CA 91362 and The Withee Malcolm Partnership, 1983 West A 190th Street #200, Torrance, CA 90504. APPROVED AND ADOPTED THIS THE 12TH DAY OF MAY 1998 BY THE Planning ?atthe ion OF �IE CITY OF DIAMOND BAR. By:. cManus, Chairman I, Jameefano, Planning Commission Secretary, do hereby certify foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12TH day of May 1998, by the following vote: ATTEST: i AYES: McManus, Tye, Ruzicka, Kuo, Nelson NOES ABSENT: ABSTA J ames DeSte�fano, Secretary E 7 PLANNING COMMISSION RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW 98-4 A REQUEST FOR THE CONSTRUCTION OF A 4,994 SQUARE FOOT, ONE-STORY COMMERCIAL UNIT ON A VACANT PAD IN AN EXISTING COMMERCIAL CENTER LOCATED AT 21050 GOLDEN SPRINGS DRIVE IN THE CITY OF DIAMOND BAR. A. Recitals 1. The property owner Diamond Creek Village Center, LLC and the applicant, The Withee Malcolm Partnership have f iled an application for Development Review 98-4 to construct a 4, 994 square foot, one-story commercial unit in an existing commercial center for future retail use in the Diamond Creek Village Center located at 21050 Golden Springs Drive, 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 May 12, 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 May 1, 1998. 109 property owners within a 300 foot radius of the project site were notified by mail on April 29, 1998. B. Resolution , NOW, THEREFORE, it is found, determined and resolved by the Planning Commission 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 15303, 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 the construction of 4,994 square feet in an existing 117,481 square foot shopping center. (b) The project site has a General Commercial (C) General Plan Land Use designation and is within the Neighborhood Commercial (C-2) zoning district. (c) Generally, the following zones and uses surround the subjectsite: to the north is the C-2 zone and commercial uses to the south are single family residential homes with a zoning designation .'of Single Family Residential (R-1-8,000), to the east are residential uses within the Residential Planned Development (RPD) zone, and to the west are commercial uses located in the Unlimited Commercial (C-3) and C-2 zone and single family residential uses located within the R-1-8,000 zone. (d) The project involves the construction of a 4,994 commercial unit on a vacant pad in an existing commercial center. (e) The proposed roject is in compliance with the General Plan. The proposed project is located within the General Commercial C land use designation, which provides or a range of f reewa -oriented and/or community etail and service commercial uses. The proposed roject is therefore in compliance with the General Ian. The design and layout of the proposed development s consistent with the applicable elements of the it 's General Plan, design guidelines of the 3ppropriate district, and any adopted architectural cri orspecialized areas, such as designated istoric districts, theme areas, specific plans, -ommunity plans, boulevards, or planned develo - ents. The proposed project will be an be constructed to atch the shopping center's existing architectural t le and is placed on a vacant pad that was lanned for the addition of the proposed unit. The design and layout of the proposed commercial nit is consistent with General Plan in that it ill be a revenue generating use that-will aid in inimizin sales- tax leakage out of Diamond Bar. Approval of the design and layout of the proposed ro'ect is compatible with the characteristics of he surrounding neighborhood and will maintain the armonious, orderly, attractive development ontem fated by Chapter 22.72 of Development Review rdinance 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 the proposed unit is designed to accommodate the commercial uses that are permitted within the C-2 zone. The design and layout of the project is consistent with and will not alter the fundamental design of the existing shopping 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 unit is within the Neighborhood Business Zone (C-2) zone which permits a range of commercial, office and retail -uses. This is an established retail shopping center which was designed to accommodate the additional commercial square -footage. Furthermore, the Public Works Department reviewed I. -his 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. The proposed commercial unit 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 restaurant. The unit will be constructed to match the architectural style of the existing shopping center. (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 the approved resolution and the 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 14 restaurant is not detrimental to the pub -Lc health, safety or welfare, ot60—materially injurious to the properties or improvements in the vicinity. 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 May 12, 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 unit shall comply with American with Disabilities Act (ADA) requirements as approved by the Building Official. (d) All sign requests shall be submitted to the City for review and approval. (e) The project shall obtain the Los Angeles County Fire Department's approval. (f) The project' shall meet all B occupancy requirements. (g) The unit shall meet the 1994 U.B.C., U.P.C, U.M.C., and the 1993 National Electric Code requirements. (h) Prior to building permit issuance plans must be submitted showing the location of all handicapped parking stalls in the impacted airea. 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 comply with Planning and Zoning, Building and Safety, and Publi& Works Divisions', and Fire Department,requirements. Q) All utility improvements should be made- prior to occupancy. Should there be any cuts required within the City right-of-way, the appropriate encroachment permit must be pulled and fees paid. W The applicant is responsible for sewer connection and storm drain connection and shall ensure connection with L.A. Country Department of Public works for storm drain and sewer lateral is none available and the county sanitation District for connection fees. The applicant shall bear all costs associated with the improvement, review and approval of -sewer and storm drains. (1) Application shall be made with the Public Works Division for a new address for the proposed unit. (m) Future use of the proposed unit shall be limited to non retaurant uses and shall be subject to Planning Division approval prior to occupancy. (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 f if teen (15) days of -approval of this grant, at the City of Diamond Bar Community and Development 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 6 documentary handling fee in connection with Fish and Came 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. (q) The property owner shall provide additional trees on the slope to the rear of the building in a quantity sufficient to provide additional screening for residents adjacent to Center. Trees shall be a minimum of 15 gallon in size and shall be compatible with the existing landscaping. The additional trees shall be installed prior to final inspection of the unit and the quantity, size and type shall be subject to Planning Division approval. 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 Diamond Creek Village Center, LLC, 3967 Thousand Oaks Blvd., 3967 Thousand Oaks Blvd. Suite G, Westlake Village, CA 91362 and The Withee Malcolm Partnership, 1983 West 190th Street #200, Torrance, CA 90504. APPROVED AND ADOPTED THIS THE 12TH DAY OF MAY 1998 BY THE "as Planning ComRa ion OF —IE CITY OF DIAMOND BAR. By: C, J McManu,s, Chairman I, James DeStef ano, Planning Commission Secretary, do hereby certify at the foregoing Resolution was duly introduced, - passed, and adopted, at a regular meeting of the Planning Commission held on the 12TH day of may 1998, by the following vote: AYES: McManus, Tye, Ruzicka, Kuo, Nelson NOES: ABSENT:ABSTA JA ATTEST: am -4 ames DeSt fano, Secretary 7