Loading...
HomeMy WebLinkAboutPC 98-16PLANNING COMMISSION RESOLUTION NO. 98-116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 98-7 AND CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303(c), A REQUEST TO CONVERT A 1,003 SQUARE FOOT, VACANT RETAIL UNIT, WITHIN AN EXISTING SHOPPING CENTER, INTO A CAFE/DELI. THE PROJECT SITE IS LOCATED AT 1241 DIAMOND BAR BOULEVARD, UNIT E, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Bar/Grand, LLC and applicant, Mian Ho Chang have filed an application for Development Review No. 98-7 located at 1241 Diamond Bar Blvd., Unit E, 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 "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 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 23, 1998 conducted a duly noticed public hearing on the Application. F-= 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 10, 1998. One hundred and thirty-two property owners within a 300 foot radius of the project site were notified by mail on June 2, 1998. 1 B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 promulgated 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,PlanninglCommissi'on 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 6.5 acre site developed with a retail shopping center with approximately 72,863 square feet devoted to structure. The center is identified as Towne Center Village located at 1241 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, south and east is the C -3 -BE Zone; and to the west is the Residential Planned Development -Minimum Lot Size 8,000 Square Feet -9 Units Per Acre (RPD -8,000-9U) Zone. (d) The proposed Development Review is a request to convert a 1,003 square foot, vacant retail unit (without adding square footage to the building"s footprint) of an existing shopping center into a cafe/deli. Additionally, interior remodeling will occur. y (e) The design and layout of the proposed development is consistent with the applicable elements of the 2 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 building's square footage. The proposed cafe/deli will be within an existing vacant retail unit. The design and layout of the proposed cafe/deli is consistent with the General Plan in that it will enhance the existing shopping center and add variety to the existing uses and bring more business to the center. Additionally, the property owner will be required to revitalize the existing landscaping by replacing missing or dead plant materials. Furthermore, pursuant to the General Plan, the proposed cafe/deli is a permitted 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 or r` pedestrian hazards. Towne Center Village was reviewed and approved by Los Angeles County Regional Planning and finaled in August 1989 within the County's required process. That process set forth the parking lots con- figuration/circulation and required that 297 parking spaces be provided. According to 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 requires that one parking space be provided for every three occupants. The Building official's calculations indicate a maximum occupancy of 60. Therefore, 20 parking spaces are required. With the current uses, vacancies and proposed cafe/deli, 278 parking spaces are required. After considering the existing uses, proposed use, number of parking spaces provided and peak hours of operations of each business within the center, the provided parking is adequate. As a result, parking spillage will not occur on to the surrounding streets. The site's circulation was reviewed by the Public Works Division and found to be adequate as it exists. The proposed cafe/deli is within the unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone which -permits restaurant type uses by right. The proposed use will be occupying a vacant unit. Its addition will not alter the originally approved square footage of the shopping center. Therefore, The design and layout of the proposed 3 development will not use and enjoyment of development,and will pedestrian hazards.. unreasonably interfere with the neighboring existing or future not create traffic or (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 as referenced it Item (f). At that time, the architectural design for the subject site and adjacent shopping centers were set forth by the County. The proposed cafe/deli does not alter the shopping center's architectural design . 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 Plan., (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 exterior design, materials and colors of the shopping center will not be altered by the proposed cafe/deli. The shopping center is approximately nine years old. It is adequately maintained and is currently in good condition. In order to continue an acceptable level of maintenance, the property owner will be required to revitalize the existing landscaping by replacing missing or dead plant materials. Additionally, the cafe/deli will be an acceptable addition to the shopping center while adding variety to the existing uses. Therefore, the proposed design of the propose project will provide a desirable environment for its occupants and'visting 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 .w vicinity. 4 E 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 - went, health Department, Fire Department and National Pollutant Discharge Elimination System (NPDES) requirements. The referenced agencies' involvement will ensure that the proposed cafe/deli 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 and floor plan collectively labeled as Exhibit "A" dated June 23, 1998, 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 Diamond Bar to provide such services.. (c) The days and hours of operation shall be Sunday through Saturday from 9:00 a.m. to 10:00 p.m. (d) Supply deliveries shall occur during the cafe/ deli and shopping center's non -peak hours of business. (e) Any conduit, wires, pipes, mechanical equipment etc. which may be installed shall be screened from public view and painted to match the existing building. (f) Before, final inspection/Certificate of Occupancy, the property owner shall revitalized the existing landscaped areas located at the shopping center's perimeter and within its parking lot by replacing missing or dead plant materials. Replacement planting materials shall match the existing landscaping.' E (g) Plans submitted for Building and Safety Division plan check shall meet all A-3 occupancy requirements. (h) The cafe/deli shall comply with American Disabilities Act (ADA) requirements as approved by the Building Official. Plans shall delineate the following: (1) Handicap van parking; (2) Shortest accessible route to accessible entrance(s); (3) Restrooms' handicap accessibility; and (4) Handicap ramps. (i) The project shall obtain the Los Angeles County Health,Department's approval. (j) The project shall obtain the Los Angeles County Fire Department's approval. (k) The restaurant structure shall meet the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (1) Two restrooms, one for each sex, shall be provided. (m) The project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements. (o) Signage is not a part of this approval. All sign requests shall be submitted to the City for review and approval. (p) 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. (q) 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. (r) 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 Game Code requirements: Furthermore, if this project is not exempt from a filing fee imposed ,rte 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: Diamond Bar/Grand, LLC, 2717 W. Coast Hwy., Newport Beach, CA 92663 and Mian Ho Chang, 17521 Colima Road, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, Ja' s 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 23rd day of June, 1998, by the following vote: AYES: McManus, Tye, Kuo, Nelson, Ruzicka NOES: ABSENT: ABSTAIN: ATTEST: E aures DeStefano, Secretary 7