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HomeMy WebLinkAboutPC 98-19PLANNING COMMISSION RESOLUTION NO. 98-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-6, DEVELOPMENT REVIEW NO. 98-9 AND NEGATIVE DECLARATION NO. 98-2, A REQUEST TO CONSTRUCT A 1,147 SQUARE FOOT ADDITION TO AN EXISTING 5,181 SQUARE FOOT ONE STORY COMMERCIAL BUILDING WITH A 2119 SQUARE FOOT CELLAR TO BE UTILIZED AS A CAR WASH FACILITY WITH TWO OIL/LUBE BAYS. THE PROJECT SITE IS LOCATED AT 2845 DIAMOND BAR BOULEVARD, (LOT 15, PARCEL MAP NO. 15965) DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, David Zerner and applicant, Lance Templeton have filed an application for Conditional Use Permit No. 98-6 and Development Review No. 98-9 located at 2845 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. Code Section 22.56.110 authorizes a Conditional Use Permit in order to modify the regulations of the zone in which the Conditional Use is proposed. The current zone, C-1 permits coin operated hand car washes with a Conditional Use permit. The proposed hand car wash provides a tunnel area in which provides a conveyor to move the vehicles, a crew to hand wash the vehicles and a dryer/blower to assist in drying the vehicles. 3. The Planning Commission of the City of Diamond Bar on October 13, 1998 conducted a duly noticed public hearing on the Application. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 23, 1998. One hundred and forty property owners within a 500 foot radius of the project site were notified by mail on r September 22, 1998. i B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1 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. I� 2. The Planning Commission hereby finds and determines that, t having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or that habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 98-2 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder. Furthermore, Negative Declaration No. 98-2 reflects the independent judgement of the City of Diamond Bar. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 42,689 square feet. It is located at 2845 Diamond Bar Boulevard, adjacent to Country Hills Town Center and a Union 76 -YP station that engages in the sale of gasoline and incidental service. The project site is developed with a vacant 5,181 square foot one-story (former Bank of America) building with a 2119 square foot cellar. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented and/or community retail and service commercial uses. The proposed project is a retail/service commercial use and therefore complies with the General Plan. (c) The project site is within the Restricted Business (C-1) Zone. Generally, the following zones surround the project site: to the north and east is the Single Family Residence -Minimum Lot Size -7,500 Square Feet (R-1-7,500) Zone; to the south is the Residential Planned Development -15 Units Per Acre (RPD -1-15U) Zone; and to the west is the Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. � I I j (d) The proposed Application is a request to construct a 1,147 square foot addition to an existing 5,181 square foot, one-story, vacant, commercial building to be utilized as a car wash facility with two 2 oil/lube bays, and a merchandize/boutique sale area. The cellar will contain two storage rooms, phone room, electric room, two dressing rooms, two f-, restrooms, two catwalks, two new -oil storage tanks, one waste -oil storage tank, and oil/lube service pit. Conditional Use Permit Findincis Pursuant to Section 22.56.090 (e) The proposed project, at the proposed location, will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or The project site is within a commercial zone and is immediately adjacent to other commercial sites. The proposed hand car wash is consistent with the intent and other commercial retail/service uses permitted in the zone and permitted within the surrounding commercial developments. The proposed project incorporates a water recla- mation system that recycles 83 percent of the water utilized during the wash cycle and filters the remaining 17 percent of the water utilized before entering the sewer system. Chemicals utilized during the wash process are non-flammable, biodegradable and stored in a fiberglass container I located within the wash tunnel. New -oil storage tanks and waste -oil storage tanks are stored underground in the cellar (former bank vault area) of the building. These tanks have concrete lined bases and are constructed of steel and incorporate electronic monitoring systems. The waste -oil will be collected by Texaco and recycled. The two, 30 gallon grease drum and one 60 gallon transmission fluid drum are constructed of steel and located within the oil/lube bays. With the incorporation of the above mentioned measures, it is not expected that the proposed project, at the proposed location, will adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area (f) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or The proposed project will yield a pleasant - environment for those working and visiting the project site through its exemplary design, use of materials and colors, hardscape and landscaping which offers a variety of plant species. 3 r1-- Alad.. u l ..Ll u_e uilLl Wi IIL A"d,adlW— The proposed architectural design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance with regards to the proposed structure, parking area, landscaping and the integration of the _ neighboring service station site; and has an architectural design that is compatible with the surrounding commercial uses. Therefore, the proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (g) The proposed project will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare; and The proposed project, with the incorporation of measures mention in Items 5 (e) above and 5 (i) below, will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare. (h) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area; and The project site is 42,689 square feet. It is m_ currently developed with a 5,181 square foot vacant bank building with a 2,119 square foot cellar. The applicant desires to add 1,141 square feet. With the addition, the project complies with and exceeds all the required development standards. Additionally, the proposed project is integrated with the adjacent service station through landscaping and common access driveway between the two sites. Therefore, the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. (i) The proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate and by other public .or private service facilities as are required. The project site is served by six a lane, major arterial, Diamond Bar Boulevard, which is designed to accommodate the proposed use. Furthermore, the �_ proposed use could generate approximately 420 trips a day. The previous use, a bank, could generate 700 trips a day. Therefore, the proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate and by other public or private service facilities as are required. Development Review Findings Pursuant to Section 22.72.140 (j) 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 area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The proposed project has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of regional, freeway oriented and/or community retail and service commercial uses. The proposed car wash is considered a community retail and service commercial use as required by the _ General Plan. Pursuant to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the project site -m through its exemplary design, use of materials and colors, hardscape and landscaping which offers a variety of plant species. The building height and setbacks comply with the development standards of the C-1 Zone. The proposed project's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's general plan and design guidelines of the appropriate district. (k) 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 pedestrian hazards. The proposed hand car wash facility is within the Restricted Business (C-1) Zone. The C-1 Zone permits a range of community retail and service commercial uses. Coin-operated hand car washes are permitted, subject to a Conditional Use Permit. Additionally, automobile service stations, including incidental repairs are permitted by right. A hand car wash may be defined as being comprised of a 5 self-service canopy area, open at both ends, allowing a vehicle owner to drive in, park, pay, - wash and dry the vehicle and exit the canopy area. Further, a hand car wash may consist only of a soap/water dispenser and a vacuum. No blowers, conveyors or hired crew are available to assist in the "hand" car wash process. The proposed hand car wash provides a tunnel area that will contain a soap/water dispenser, conveyor and blower. However, within the tunnel a crew will "hand" wash the vehicles. Before entering the tunnel, the crew will also vacuum the vehicles. As previously mentioned, the C-1 Zone allows for a range of community retail and service commercial uses. With a Conditional Use Permit, airports, correctional institutions including jails, hospital, heliports, hotels, recreational clubs, sewage treatment plants, theaters, explosive storage, etc. may also be permitted. These uses may be less appropriate for the C-1 Zone and the project site than the proposed hand car wash. Considering the range of uses permitted in the C-1 and the proposed use, the City finds that the proposed hand car wash, with the proposed conditions, will meet the intent of the current Code which is to insure that conditionally permitted uses can be made compatible with surrounding land uses through the Conditional 'Use Permit process. It is anticipated that the proposed facility will wash 120 cars in the beginning and 200 cars as business increases. The two lube bays are expected to service a total of 40 cars a day. With the servicing of 240 cars a day, 480 trips (240 trips in and 240 trips out) will be generated. According to the institute of Traffic Engineers Trip Generation Manual, 6th Edition, the bank that utilized the site previously could generate 700 trips a day. Con- sidering the site's previous use and the proposed use, it is not expected that the proposed use will result in an increase of vehicle trips or traffic congestion and as such will not create a traffic or pedestrian hazard. (1) 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 proposed architectural design is consistent with the City's Development Review Ordinance in that the k4 project: has an orderly and harmonious appearance to 6 -11'11 "",--L the proposed structure; parking area, landscaping and the integration of the neighboring service station site; has an architectural design that is compatible with the surrounding commercial uses; and incorporation, the recycling of water use for the car wash process and the recycling of waste -oils. As also referenced in Item 5 (j), the proposed project's design is consistent with the applicable elements of the General Plan. 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. (m) 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. As referenced in the above findings, the proposed project's design is consistent with the applicable elements of the General Plan through its exemplary design, use of materials, colors and landscaping. -, The proposed materials of stucco and tile are low maintenance and long lasting. The varieties of texture and color add to the design's good "v aesthetics. Therefore, 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. (n) 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 Division, Health Department and Fire Department requirements. The referenced agencies' involvement will ensure that the proposed hand car wash facility is not detrimental to the public health, safety or welfare or materially injurious to the properties or - improvements in the vicinity. t� 7 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, elevations, parking lot lighting plan, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "A" dated October 13, 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 seven days per week, from 7:00 a.m. to 7:00 p.m. (d) Applicant shall submit an exterior lighting plan to be reviewed and approval by the City prior to the issuance of any City permits. (e) Applicant shall submit a revise landscape plan and an irrigation plan for the City's review and approval before the issuance of any City permits. The revised landscape plan shall incorporate the following: plant species, size, quantity and location; wrought iron fencing, maximum height five feet to replace existing guard rail at top of slope adjacent to the north property line; additional trees in the planter area adjacent to the west property line; if possible tree wells with trees within the car pick-up area; weeding and planting the north facing slope adjacent to the north property line; and the removal of dead palm trees adjacent to the service stations north property line and replacement trees. Landscaping/irrigation plans shall comply with the City's established Water Efficient Landscape Regulations and shall be plan -T checked accordingly prior to the issuance of any City permits. All landscaping shall be installed prior to final inspection. 8 (f) All mechanical equipment shall be incorporated within the building and shall not be visible to the public. A/C unit shall also be screened in a manner approved by the City. �. (g) Roof tile.color shall be revised for compatibility with the surrounding commercial development. The selected color shall be submitted to and approved by the City prior to the issuance of any City permits. (h) Samples of brick/brick paving/stamped concrete shall be submitted to the City for review and approval prior to the issuance of any City permits. (i) A recycle bin shall be included in the trash enclosure. A detail of the trash enclosure shall be submitted to the City for review and approval prior to the issuance of any City permits. (j) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles Country. Proper notification shall be made to the Los Angeles County Sanitation District of use change from a bank to a car wash. (k) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. (1) Applicant shall make all utility improvements prior to occupancy. (m) Applicant shall be responsible for sewer and storm drain connections and shall pay connection fees, as required by the City and L.A. County Department of Public Works. (n) A complete grading plan shall be submitted in accordance with the City's grading requirements and shall be reviewed and approved by the City before_ the issuance of a grading permit. Grading plans shall include the following: (a) Earth work quantities and calculations; (b) Existing and proposed topography, finish surface, finish grade and flow lines; (c) Proper drainage with details and sections; and (d) Signed/stamped by a civil engineer, geotechnical engineer and geologist as required. (o) An erosion control plan is required to be submitted to the City for review and approval prior to the issuance of a grading permit. (p) There is existing curb, gutter, sidewalk and U..• driveway aprons that are damaged due to trees G located within the project site. The applicant shall remove and replace the trees and replace the damaged curb, gutter, sidewalk and driveway aprons to the City's satisfaction. Additionally, the i applicant shall obtain an encroachment permit for these off-site improvements. (q) Applicant shall comply with the following ADA requirements: (1) Provide handicap parking lot signage; (2) Delineate path of travel (striping) from parking lot to building; this path of travel shall not exceed a two percent slope; (3) Handicap parking shall comply with the State Handicap Accessible Regulations including van parking and one handicap parking space; (4) Handicap parking spaces shall be located on the shortest route to the main entrance; (5) Access doors and restrooms shall be clearly marked with the handicap symbols; and (6) Ramps shall be handicap accessible. (r) The applicant shall obtain the Los Angeles County Fire Department's approval. (s) Building setback at the north property line, due to e the arch openings, shall meet the Building Code Fire Resistive Materials requirements (one hour). (t)* Plans shall be approved by Los Angeles County Waste Management. r. - (u) Plans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (v) Structures shall be engineered to meet wind loads of 80 m.p.h. with a "C" exposure. (w) Pursuant to the Noise Study dated October 5, 1998, the applicant shall install the dryer/blower with the sound baffle box. Enclose the car wash tunnel on its west side by means of a solid wall starting at about 40 feet north of the dryer location and continue this barrier with a six foot high wall extended about 25 feet beyond the car wash exit. In addition, the applicant is required to consult with a qualified consultant about appropriate wall design an materials which are to be submitted to the City for review and approval prior to the issuance of any City permits. To comply with the City's Noise Ordinance, Dryer/blower shall not exceed a noise level of 65 db at the tunnels exit between the hours of 7:00 a.m. and 7:00 p.m. 10 (x) Applicant shall remove the existing pole sign. Signage for this project shall be submitted to the City for review and approval. i (y) 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. (z) 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. (aa) 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 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. The Planning Commission shall: THE (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: David Zerner, 954 Schumacher, Los Angeles, CA 90048, and Lance Templeton, 2899 Monte Verde, Covina, CA 91724. APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER 1998, BY LSSION OF THE CITY OF DIAMOND BAR. cManus, Chairman 11 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 13th day of October 1998, by the following vote: AYES: McManus, Tye, Ruzicka, Kuo, Nelson NOES: None ABSENT: None ABSTAIN: None ATTEST:` a James DeStelano, Secretary 12 PLANNING COMMISSION A RESOLUTION OF THE PLANNING COMMISSION OF TAR CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-61 DEVELOPMENT REVIEW -NO. 98- 9 AND NEGATIVE DECLARATION NO. 98-21 A REQUEST TO CONSTRUCT A 11147 SQUARE FOOT ADDITION TO AN EXISTING 5,181 SQUARE FOOT ONE STORY COMMERCIAL BUILDING WITH A 2119 SQUARE FOOT CELLAR TO BE UTILI2ED AS A CAR WASH FACILITY WITH TWO OIL/LUBE BAYS. THE PROJECT SITE IS LOCATED AT 2845 DIAMOND BAR BOULEVARD# (LOT 15, PARCEL MAP NO. 15965) DIAMOND BARr CALIFORNIA. A. RECITALS. 1. The property owner, David Zerner and applicant, Lance Templeton have filed an application for Conditional Use Permit No. 98-6 and Development Review No. 98-9 located at 2845 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. Code Section 22.56.110 authorizes a Conditional Use Permit in order to modify the regulations of the zone in which the Conditional Use is proposed. The current zone, C-1 permits coin operated hand car washes with a Conditional Use permit. The proposed hand car wash provides a tunnel area in which provides a conveyor to move the vehicles, a crew to hand wash the vehicles and a dryer/blower to assist in drying the vehicles. 3. The Planning Commission of the City of Diamond Bar on October 13, 1998 conducted a duly noticed public hearing on the Application. 4. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 23, 1998. One hundred and forty property owners within a 500 foot radius of the project site were notified by mail on September 22, 1998. 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 finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or that habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before the Planning Commission, the Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 98-2 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder. Furthermore, Negative Declaration No. 98-2 reflects the independent judgement of the City of Diamond Bar. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 42,689 square feet. It is located at 2845 Diamond Bar Boulevard, adjacent to Country Hills Town Center and a Union 76 station that engages in the sale of gasoline and incidental service. The project site is developed with a vacant 5,181 square foot one-story (former Bank of America) building with a 2119 square foot cellar. (b) The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented and/or community retail and service commercial uses. The proposed project is a retail/service commercial use -and therefore complies with the General Plan. (c) The project site is within the Restricted Business (C-1) Zone. Generally, the following zones surround the project site: to the north and east is the Single Family Residence -Minimum Lot Size -7,500 Square Feet (R-1-7,500) Zone; to the south is the Residential Planned Development -15 Units Per Acre (RPD -1- 15U) Zone; and to the west is the single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Zone. (d) The proposed Application is a request to construct a 1,147 square foot addition to an existing 5,181 square foot, one-story, vacant, commercial building to be utilized as a car wash facility with two oil/lube bays, and a merchandize/boutique sale area. The cellar will contain two storage rooms, phone room, electric room, two dressing rooms, two restrooms, two catwalks, two new -oil storage tanks, one waste -oil storage tank, and oil/lube service pit. Conditional Use Permit Findinas Pursuant to Section 22.56.090 (e) The proposed project, at the proposed location, will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or The project site is within a commercial zone and is immediately adjacent to other commercial sites. The proposed hand car wash is consistent with the intent and other commercial retail/service uses permitted in the zone and permitted within the surrounding commercial developments. The proposed project incorporates a water reclamation system that recycles 83 percent of the water utilized during the wash cycle and filters the remaining 17 percent of the water utilized before entering the sewer system. Chemicals utilized during the wash process are non-flammable, biodegradable and stored in a fiberglass container located within the wash tunnel. New -oil storage tanks and waste -oil storage tanks are stored underground in the cellar (former bank vault area) of the building. These tanks have concrete lined bases and are constructed of steel and incorporate electronic monitoring systems. The waste -oil will be collected by Texaco and recycled. The two, 30 gallon grease drum and one 60 gallon transmission fluid drum are constructed of steel and located within the oil/lube bays. With the incorporation of the above mentioned measures, it is not expected that the proposed project, at the proposed location, will adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area (f) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or The proposed project will yield a pleasant environment for those working and visiting the project site through its exemplary design, use of materials and colors, hardscape and landscaping which offers a variety of plant species. The proposed architectural design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance with regards to the proposed structure, parking area, landscaping and the integration of the neighboring service station site; and has an architectural design that is compatible with the surrounding commercial uses. Therefore, the proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (g) The proposed project will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or General welfare; and The proposed project, with the incorporation of measures mention in Items 5 (e) above and 5 (i) below, will not jeopardize, endanger or otherwiss constitute a menace to the public health, safety or General welfare. (h) The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order'to integrate said use with the uses in the surrounding area; and The project site is 42,689 square feet. it is currently developed with a 5,181 square foot vacant bank building with a 2,119 square foot cellar. The applicant desires to add 1,141 square feet. With the addition, the project complies with and exceeds all the required development standards. Additionally, the proposed project is integrated with the adjacent service station through landscaping and common access driveway between the two sites. Therefore, the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. (i) The proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate and by other publicor private service facilities as are required. The project site is served by six a lane, major arterial, Diamond Bar Boulevard, which is designed to accommodate the proposed use. Furthermore, the proposed use could generate approximately 420 trips a day. The previous use, a bank, could generate 700 trips a day. Therefore, the proposed site is adequately served by highways or streets of sufficient width, and improved as necessary to carry the kind and quantity of traffic such use would generate And by other public or private service facilities as are required. Development Review Findinqs Pursuant to Section 22.72.140 Q) 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 area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The proposed project has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for the establishment of regional, freeway oriented and/or community retail and service commercial uses. The proposed car wash is considered a community retail and service commercial use as required by the General Plan. Pursuant to the General Plan, the proposed project will yield a pleasant environment for those working and visiting the project site through its exemplary design, use of materials and colors, hardscape and landscaping which offers a variety of plant species. The building height and setbacks comply with the development standards of the C-1 Zone. The proposed project's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's general plan and design guidelines of the appropriate district. (k) 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 pedestrian hazards. The proposed hand car wash facility is within the Restricted Business (C-1) Zone. The C-1 Zone permits a range of community retail and service commercial uses. Coin-operated hand car washes are permitted, subject to a Conditional Use Permit. Additionally, automobile service stations, including incidental repairs are permitted by right. A hand car wash may be defined as being comprised of a self-service canopy -area-, open at both ends, allowing a vehicle owner to drive in, park, pay, wash and dry the vehicle and exit the canopy area. Further, a hand car wash may consist only of a soap/water dispenser and a vacuum. No blowers, conveyors or hired crew are available to assist in the "hand" car wash process. The proposed hand car wash provides a tunnel area that will contain a soap/water dispenser, conveyor and blower. However, within the tunnel a crew will "hand" wash the vehicles. Before entering the tunnel, the crew will also vacuum the vehicles. As previously mentioned, the C-1 Zone allows for a range of community retail and service commercial uses. With a Conditional Use Permit, airports, correctional institutions including jails, hospital, heliports, hotels, recreational clubs, sewage treatment plants, theaters, explosive storage, etc. may also be permitted. These uses may be less appropriate for the C-1 Zone and the project site than the proposed hand car wash. Considering the range of uses permitted in the C-1 and the proposed use, the City finds that the proposed hand car wash, with the proposed conditions, will meet the intent of the current Code which is to insure that conditionally permitted uses can be made compatible with surrounding land uses through the Conditional 'Use Permit process. It is anticipated that the proposed facility will wash 120 cars in the beginning and 200 cars as business increases. The two lube bays are expected to service a total of 40 cars a day. With the servicing of 240 cars a day, 480 trips (240 trips in and 240 trips out) will be generated. According to the Institute of Traffic Engineers Trip Generation Manual, 6th Edition, the bank that utilized the site previously could generate 700 trips a day. Considering the site's previous use and the proposed use, it is not expected that the proposed use will result in an increase of vehicle trips or traffic congestion and as such will not create a traffic or pedestrian hazard. 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 proposed architectural design is consistent with the City's Development Review Ordinance in that the project: has an orderly and harmonious appearance to the proposed strudttir"di parking area, landscaping and the integration of the neighboring service station site; has an architectural design that is compatible with the surrounding commercial uses; and incorporation the recycling of water use for the car wash process and the recycling of waste -oils. As also referenced in Item 5 (j), the proposed project's design is consistent with the applicable elements of the General Plan. 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. (m) 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. As referenced in the above findings, the proposed project's design is consistent with the applicable elements of the General Plan through its exemplary design, use of materials, colors and landscaping. The proposed materials of stucco and tile are low maintenance and long lasting. The varieties of texture and color add to the design's good aesthetics. Therefore, 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 aestheti&ally appealing and will retain a reasonably adequate level of maintenance. (n) 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 Division, Health Department and Fire Department requirements. The referenced agencies' involvement will ensure that the proposed hand car wash facility 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, elevations, parking lot lighting plan, landscape/irrigation plan and colors/materials board collectively labeled as Exhibit "All dated October 13, 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 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 days and hours of operation shall be seven days per week, from 7:00 a.m. to 7:00 p.m. (d) Applicant shall submit an exterior lighting plan to be reviewed and approval by the City prior to the issuance of any city permits. (e) Applicant shall submit a revise landscape plan and an irrigation plan for the City's review and approval before the issuance of any City permits. The revised landscape plan shall incorporate the following: plant species, size, quantity and location; wrought iron fencing, maximum height five feet to replace existing guard rail at top of slope adjacent to the north property line; additional trees in the planter area adjacent to the west property line; if possible tree wells with trees within the car pick-up area; weeding and planting the north facing slope adjacent to the north property line; and the removal of dead palm trees adjacent to the service stations north property line and replacement trees. Landscaping/irrigation plans shall comply with the City's established Water Efficient Landscape Regulations and shall be plan checked accordingly prior to the issuance of any City permits. All landscaping shall be installed prior to final inspection. All mechanical equipment shall be incorporated within the building and shall not be visible to the public. A/C unit shall also be screened in a manner approved by the City. (g) Roof tile.col-or shall be revised for compatibility with the surrounding commercial development. The selected color shall be submitted to and approved by the City prior to the issuance of any city permits. (h) Samples of brick/brick paving/stamped concrete shall be submitted to the City for review and approval prior to the issuance of any City permits. (i) A recycle bin shall be included in the trash enclosure. A detail of the trash enclosure shall be submitted to the City for review and approval prior to the issuance of any City permits. Q) Applicant shall acquire the appropriate industrial wastes permits with Los Angeles Country. Proper notification shall be made to the Los Angeles County Sanitation District of use change from a bank to a car wash. (k) Applicant shall comply with all NPDES requirements and shall obtain the necessary permits. (1) Applicant shall make all utility improvements prior to occupancy. (m) Applicant shall be responsible for sewer and storm drain connections and shall pay connection fees, as required by the City and L.A. County Department of Public Works. (n) A complete grading plan shall be submitted in accordance with the City's grading requirements and shall be reviewed and approved by the City before the issuance of a grading permit. Grading plans shall include the following: (a) Earth work quantities and calculations; (b) Existing and proposed topography, finish surface, finish grade and flow lines; (c) Proper drainage with details and sections; and (d) Signed/stamped by a civil engineer, geotechnical engineer and geologist as required. (o) An erosion control plan is required to be submitted to the City for review and approval prior to the issuance of a grading permit. (p) There is existing curb, gutter, sidewalk and driveway aprons that are damaged due to trees located within the project site. The applicant shall remove and replace the trees and replace the damaged curb, gutter, sidewalk and driveway aprons to the City's satisfaction. Additionally, the applicant shall obtain an encroachment permit for these off.-sit'e improvements. (q) Applicant shall comply with the following ADA requirements: (1) Provide handicap parking lot signage; (2) Delineate path of travel (striping) from parking lot to building; this path of travel shall not exceed a two percent slope; (3) Handicap parking shall comply with the State Handicap Accessible Regulations including van parking and one handicap parking space; (4) Handicap parking spaces shall be located on the - shortest route to the main entrance; (5) Access doors and restrooms shall be clearly marked with the handicap symbols; and (6) Ramps shall be handicap accessible. (r) The applicant shall obtain the Los Angeles County Fire Department's approval. (s) Building setback at the north property line, due to the arch openings, shall meet the Building Code Fire Resistive Materials requirements (one hour). (t)` Plans shall be approved by Los Angeles County Waste Management. (u) Plans shall comply with the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (v) Structures shall be engineered to meet wind loads of 80 m.p.h. with a "C" (w) Pursuant to the Noise Study dated October 5, 1998, the applicant shall install the dryer/blower with the sound baffle box. Enclose the car wash tunnel on its west side by means of a solid wall starting at About 40 feet north of the dryer location and continue this barrier with a six foot high wall extended about 25 feet beyond the car wash exit. In addition, the applicant is required to consult with a qualified consultant about appropriate wall design an materials which are to be submitted to the City for review and approval prior to the issuance of any City permits. To comply with the City's Noise Ordinance, Dryer/blower shall not exceed a noise level of 65 db at the tunnels exit between the hours of 7:00 a.m. and 7:00 p.m. (x) Applicant shall remove the existing pole sign. Signage for this project shall be submitted to the City for review and approval. (y) 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. (z) 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. (aa) 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 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. 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: David Zerner, 954 Schumacher, Los Angeles, CA 90048, and Lance Templeton, 2899 Monte Verde, Covina, CA 91724. APPROVED AND ADOPTED THIS 13TH DAY OF OCTOBER 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: I c))q, , Joe McManus, 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 13th day of October 1998, by the following vote: AYES: McManus, Tye, Ruzicka, Kuo, Nelson NOES: None ABSENT: None ABSTAIN: None ATTEST: Stelafho. W,