HomeMy WebLinkAboutPC 99-13PLANNING COMIVIISSION
RESOLUTION NO. 99-13
A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-1,
CONDITIONAL USE PERMIT NO. 99-1, COMPREHENSIVE SIGN PROGRAM
NO. 99 -1, -VARIANCE NO. 99-4, AND NEGATIVE DECLARATION NO. 99-4, A
REQUEST TO CONSTRUCT A 4,794 SQUARE FOOT COMBINED
COMMERICAL FAST FOOD RESTAURANT WITH DRIVE-THRU AISLE AND
A GAS SERVICE STATION. THE PROJECT SITE IS LOCATED AT 21025 AND
21095 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA.
A. RECITIALS:
1. The property owners, the Burger King Corporation and the Chevron Products Co.,
Incorporated, and applicants, the McDonald's Corporation and the Chevron Products
Co., have filed an application for Development Review No. 99-1, Conditional Use
Permit No. 99-1, Comprehensive Sign Program No. 99-1, Variance No. 99-4, and
Negative Declaration No. 99-4 located at 21025 and 21095 Golden Springs Drive,
Diamond Bar, Los Angeles County, California, as described above in the title of this
Resolution. Hereinafter, in this Resolution, the subject Development Review,
Conditional Use Permit, Comprehensive Sign Program, Variance, and Negative
Declaration shall be referred to as the "Application".
2. The Planning Commission of the City of Diamond Bar on April 27, 1999 conducted a
duly noticed public hearing on the Application. The public hearing was continued to
May 11, 1999 whereon the Planning Commission received additional public
testimony and closed the hearing.
3. Notification of the public hearing for this project was published in the San Gabriel
Valley Tribune and Inland Valley Daily Bulletin newspapers on April 8, 1999. Forty-
nine owners within a 500.foot radius of the project site were notified by mail on April
7, 1999. Furthermore, the project site was posted with a display board on April 8,
1999.
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 that the Initial Study review and Negative
Declaration No. 994 has been prepared by the City of Diamond Bar in compliance
with the requirements of the California Environmental Quality Act (CEQA) of 1970
and guidelines promulgated thereunder, pursuant to Section 15070. Furthermore,
Negative Declaration No.' 99-4 reflects the independent judgement' of the City of
Diamond Bar.
3. The Planning Commission hereby specifically finds and determines 'that, having
considered the record as a whole including the findings set forth below, there is no
evidence before this Planning Commission that the project proposed herein will have
the potential of an adverse effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of
the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning Commission
hereby finds as follows:
(a) The project site is approximately 50,167 square feet. It is located at 21025 and
21095 Golden Springs Drive, Diamond Bar, California. The' project site is
developed with an existing fast-food restaurant and gasoline service station.
(b) The project site has a General Plan land use designation of General Commercial 77
(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 and service commercial use and therefore complies
with the General Plan.
(c) The project site is within the Community Commercial (C -2 -BE) Zone. This
zoning designation permits retail and service uses as proposed.
(d) Generally, the following zones and uses surround the project site: to the north, is
the SR 57 and SR 60 freeway junction, to the west, east, and south, is the C -2 -BE
Zone.
(e) The proposed Application is a request to construct a 4,794 square foot combined
commercial fast food restaurant with a gas service station The combined
commercial development proposed will include an indoor restaurant, drive-thru,
convenience food store, and six multi -dispensers under service station canopy.
Furthermore, the request includes a Comprehensive Sign Program in order to
install wall signs, two monument signs, directional signs; and Variance for the
proposed 62' 10" high pole sign.
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DEVELOPMENT REVIEW:
(f) The design and layout of the proposed development is consistent with the General
r Plan, development' standards of the applicable district, design guidelines, and
architectural criteria for specialized area (e.g., theme areas, specific plans,
community plans, boulevards, or planned developments);
The proposed project complies with the elements of the adopted General Plan of
July 25,1995, which has a land use designation of General Commercial.
Additionally, the proposed project complies with the City's Development Code
standards for structures in a C -2 -BE zone. The project meets the minimum
setbacks, building height, and floor area ratio for development in a C -2 -BE zone..
The proposed project's architectural style, construction materials and colors are
consistent with the existing structures in the C -2 -BE zone. The proposed project
has a contemporary design similar to the surrounding developments. The project
site is within the Redevelopment Agency's Economic Revitalization Area.
However, there are no architectural criteria required for projects in this area.
Therefore, the design and layout of the proposed project is consistent with the
applicable elements of the City's General Plan and Development Code standards.
(g) The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future development, and will not create
traffic or pedestrian hazards;
The proposed project is within a commercial zone (C -2 -BE) which permits the
proposed commercial use. The project required the submittal of a traffic
analysis/report. A traffic impact analysis report was prepared by RKJK &
Associates for this project. Recommendations are incorporated as a part of the
project's conditions of approval to ensure the proposed project will not create
traffic or pedestrian hazards. Specific recommendations include closure of the
easterly driveway located along Golden Springs Drive, stop controlling driveways
with minimum widths of 40 feet, and restricting access for the driveway located
on Golden Springs Drive to left/right turn ingress and right turn egress only.
Therefore, the proposed; project will not create traffic or pedestrian hazards.
(h) The architectural design of the proposed development is compatible with the
characteristics of the surrounding neighborhood and will maintain and enhance
the harmonious, orderly, and attractive development contemplated by Chapter
22.48, the General Plan, i City Design Guidelines, or any applicable specific plan;
The proposed project's iarchitectural style, construction materials and colors are
consistent with the existing structures in the C -2 -BE zone. The proposed project
has a contemporary design similar to the surrounding developments. More
specifically, the proposed project has a metal seamed roof similar to some of the
surrounding buildings and stucco walls similar to all of the surrounding
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developments. The project site is within the Redevelopment Agency's Economic
Revitalization Area. However, there are no architectural criteria required for
projects in this area. ' Therefore, the architectural design of the proposed
development is consistent with the applicable characteristics of the surrounding
neighborhood.
(i) The design of the proposed development will provide a desirable environment for
its occupants and visiting public as well as its neighbors thorough good aesthetic
use of materials, texture, and color that will remain aesthetically appealing;
Indeed, the McDonald's restaurant is easily identified by the brick red colored
mansard roof, stucco walls, aluminum storefront, and wainscot tile. The color and
texture of the fast food restaurant help easily identify McDonald's and thus,
creates a familiar project site in which customers are accustomed to seeing in a
commercial area. More specifically, the wainscot the is being added to the base
of the building and walkway to provide for more aesthetic appeal. It also helps
create a building, which is easier to maintain in the long run. The wainscot tile is
preferred because painted stucco walls are more likely to peel and have a dirty
appearance. Therefore, the proposed project's design provides for a more
desirable environment for its occupants and customers through the good use of
building materials, texture, and color.
(j) The proposed project will not be detrimental to the public health, safety, or
welfare or materially injurious (e.g. negative affect on property values or resale(s) k
of property) to the properties or improvements in the vicinity; and
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, Sheriff's
Department, Fire Department, South Coast Air Quality Management District
requirements. The referenced agencies' involvement will ensure that the
proposed commercial development is not detrimental to the public health, safety
or welfare or materially injurious to the properties 'or improvements in the
vicinity.
(k) The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA)'. '
The City has determined that a Negative Declaration is: required for this project.
Negative Declaration No. 99-4 has been prepared for this project pursuant to the
provisions of the California Environmental Quality, Act (CEQA), Section 15070.
Furthermore, on the basis of the initial evaluation, it has been determined that the
proposed project could not have a significant effect on the environment.
CONDITIONAL USE PERMIT:
i¢ (1) The proposed use is allowed within the subject zoning district with the approval
of a Conditional Use Permit and complies with all other applicable provisions of
this Development Code and the Municipal Code;
Pursuant to the Development Code, a drive-thru service is permitted in a C-2
zone, provided a Conditional Use Permit is obtained. The proposed project
complies with the Development Code's requirements set forth for drive-thru
facilities. Requirements specifically include the following: Drive-thru aisles
shall have a minimum 10 foot interior radius at curves and a minimum 12 foot
width. Each drive-thru entrancelexit shall be at least 50 feet from an intersection
of public rights-of-way, measured at the closest intersection curbs, and at least 25
feet from the curb cut on an adjacent property. Each entrance to an aisle and the
direction of traffic flow shall be clearly designated by signstpavement markings.
Additionally, the proposed project was required to submit a traffic analysis/report.
The project was also reviewed by the City's traffic consultant to ensure adequate
circulation routes necessary for ingress or egress from the property, or access to a
parking space. More specifically, a pass-thru lane alongside the drive-thru lane
was implemented on the site plan to ensure adequate circulation.
m (m)The proposed use is consistent with the General Plan and any applicable specific
plan;
The proposed project has a General Pian 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 development is considered a community
retail and service commercial use as required by the General Plan.
The addition of the drive-thru provides convenience for fast-food restaurant
customers and thus, makes for a potentially - more attractive commercial
development in which Diamond Bar citizens may enjoy. Furthermore, the
proposed project meets the Development Code's minimum requirements for
drive-thru facilities. Requirements include minimum aisle widths and analysis of
vehicle queuing capacity. These requirements help ensure the drive-thru fits in
well with the site. Therefore, the proposed drive-thru is consistent with the
General Plan and Development Code standards.
(n) The design, location, size, and operating characteristics of the proposed use are
compatible with the existing and future land uses in the vicinity;
The proposed project is located within a Community Commercial (C -2 -BE) Zone.
The zone allows for retail and service uses. All developments within the C -2 -BE
Zone must meet certain minimum development standards as stated in the City of
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Diamond Bar Development Code. Development standards include setbacks,
building height, parking layout, FAR, landscaping, and signage. The proposed
project meets the minimum development standards or has ' recommendations
incorporated as part of the conditions of approval. Therefore, the proposed
project is compatible with the existing and future land uses in the vicinity.
(o) The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
-adjoining land uses, and the absence of physical' constraints;
The subject site currently contains an existing fast food restaurant and gasoline
servicestation. The existing fast food restaurant and gasoline service station is
permitted in a•C-2 BE Zone. The proposed project is similar to the existing land
use and shall meet, the requirements for a C -2 -BE Zone. This type of service is
compatible with the surrounding commercial neighborhoods; particularly other
nearby restaurant services, which also have drive-thru facilities. Therefore, the
subject site is physically suitable'for the type and densityrntensity of use being
proposed including access, provision of utilities, compatibility with adjoining land
uses, and the absence of physical constraints
(p) Granting the Conditional Use Permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and' zoning district in which the property is located;
and
As stated in (k) and 0), the drive-thru must meet the minimum requirements set
forth in the City of Diamond Bar's Development Code. Safety measures include
providing minimum aisle widths, enhancing paving or markings which indicate
pedestrian walkways, screening from view service areas, roof mounted
mechanical equipment, and trash storage areas. Circulation issues related to the
drive-thru have also been addressed in the traffic analysis/report, which was
prepared by RKJK and Associates for this project. More specifically, a pass-thru
lane located alongside the drive-thru lane was : proposed to provide better
circulation. Therefore, granting the Conditional Use Permit will not be
detrimental to the public interest, health, safety, convenience, or welfare, or
injurious to persons, property; or improvements in the vicinity and zoning district
which, the property is located.
(q) The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The City has determined that a Negative Declaration is required for this project.
Negative Declaration No. 994 has been prepared for this project pursuant to the
provisions of the California Environmental Quality Act (CEQA), Section 15070.
Furthermore, on the basis of the initial evaluation, it has been determined that the.
proposed project could not have a significant effect on the environment.
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T , COMPREHENSIVE SIGN PROGRAM:
(r) The Comprehensive Sign Program satisfies the purpose of this Chapter and the
intent of this Section;
The Comprehensive Sign Program is consistent with purpose and intent of
Chapter 22.36 of the City of Diamond Bar Development Code because it
complies with the design standards and guidelines, and is compatible with the
style, color, and the requirements for presentation. This is true with the exception
of maximum allowed sign area for wall signs in which the applicant shall reduce
the signs so the total sign area does not exceed 200 square feet as part of the
conditions of approval. The applicant has proposed to have approximately 227
square feet in wall sign area.
The proposed signs were reviewed by the Public Work's Division and comply
with clear line -of -site and directional requirements. Additionally, the Building
and Safety Division reviewed the sign proposal. The Building and Safety
Division's plan check review, permit and inspections will ensure that the
proposed signs will not be a public hazard.
(s) The signs enhance the overall development, are in harmony with, and are visually
related to other signs included in the Comprehensive Sign Program and to the
structure and/or uses they identify, and to surrounding development;
The proposed signs' placement allows for clear identification of the
McDonald'slChevron development, when traveling west and eastbound on
Golden Springs Drive. The pole sign allows for clear identification when
traveling on the SR 60 i eeway. Additionally, the arrangement of the signs and
logos match with the existing main structure and allow for easy identification.
The proposed signs' design is harmonious with the eclectic collection of sign
styles in commercial centers in the City as a whole, as well as being compatible
with the style, color and signs of the commercial sites surrounding the project site.
(t) The Comprehensive Signe Program accommodates future revisions which may be
required due to changes in use or tenants; and
The application utilizes the maximum signage with this submittal. However,
future revisions are allowed.
(u) The Comprehensive Sign Program complies with the standards of this Chapter,
except that flexibility is allowed with regard to sign area, number, location, and/or
height to the extent that the Comprehensive Sign Program will enhance the
overall development and will more fully accomplish the purposes of this Chapter.
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The application of all of the proposed signs of varying heights and locations, and
two monument signs are consistent with the intent of Chapter 22.36 of the City of
Diamond Bar Development Code. The color; size, presentation, and placement of !'
the signs allow for flexibility with compatibility utilizing size, shape, color,
presentation, and by utilizing logo recognition.
VARIANCE:
(v) There are special circumstances ' applicable to the property (e.g., location, shape,
size, surroundings, topography, or other conditions), so that the strict application
of the City's Development Code denies the property, owner privileges enjoyed by
other property owners in the vicinity and under identical zoning districts or
creates unnecessary and non -self created, hardship or unreasonable regulation
which makes it obviously impractical to require compliance with the development
standards;
In granting the variance'fpr the 'freeway oriented sign, special circumstances apply
to this particular project site. 'First 'ithe project is located 15' below the freeway
grade. It' is difficult for' freeway travelers to see i the subject site without having a
freeway oriented sign in place. The project site surroundings include the SR 57
and SR 60 freeway junction and freeway eastbound freeway on-ramp.. 'It is
anticipated that freeway travelers will be traveling at high speeds, thus making it
difficult for freeway travelers to see the sign at a 40' height. Since the freeway is
also divided into more than four lanes, a sign, 40' high may not be noticed by
freeway travelers going north. City staff anticipates freeway travelers wishing to
visit the McDonald's/Chevron may not see the sign in time and attempt to exit by
quickly changing lanes to exit. By allowing the freeway, oriented sign to exceed
40', freeway travelers may see the sign sooner, and in turn, have more time to exit
the freeway more safely.
(w)Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same
vicinity and zoning districts and denied to the property owner for which the
Variance is sought;
As referenced above, the project is located 15' below the freeway grade. It is
difficult for freeway travelers to see the subject site without having a freeway
oriented sign in place. It is also difficult for freeway travelers to see the sign at a
40' height. Since the freeway is also divided into more than four lanes, a sign,
40' high may not be noticed by freeway travelers going north. City staff
anticipates freeway travelers wishing to visit the McDonald's/Chevron may not
see the sign in time and attempt to exit by quickly changing lanes to exit.
Whereas, the surrounding commercial businesses, which are also located next to
the freeway have a pole sign that is clearly visible to freeway motorists.
Therefore granting the variance is necessary for the preservation of substantial
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property rights possessed by other property owners in the same vicinity and
zoning districts.
(x) Granting the Variance is consistent with the General Plan and any applicable
specific plan;
The General Plan land use designation for the project is General Commercial (C).
The proposed project is consistent with the General Commercial land use
designation. The General Plan's objectives and strategies for land uses within
General Commercial include encouraging revenue generating uses in locations
that serve the City's needs.- The freeway sign is in at an ideal location for a City
identification sign because of its advertisement visibility from the freeway and
creates the opportunity to bring more revenue into the City. Therefore, granting
the Variance is consistent with the General Plan.
(y) The proposed entitlement would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
The applicant is required to provide construction and engineering details for the
proposed pole sign. Details include information regarding sign height and
materials used to construct the sign. The proposed pole sign's structural design
will be reviewed and approved by the City's Building and Safety Division. This
is to ensure a structurally sound freeway oriented sign with the appropriate
footing depth and wind load resistance is installed. Therefore, the proposed
entitlement will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City.
(z) The proposed entitlement has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The City has determined that a Negative Declaration is required for this project.
Negative Declaration No. 99-4 has been prepared for this project pursuant to the
provisions of the California Environmental Quality Act (CEQA), Section 15070.
Furthermore, on the basis of the initial evaluation, it has been determined that the
proposed project could not have a significant effect on the environment.
5. Based upon the findings and conclusions set forth above, the Planning Commission hereby
approves the Application subject to the following conditions, as amended herein:
(a) The project shall substantially conform to site plan, floor plan, elevations,
landscape/irrigation plan labeled Exhibit "A"; sign plans, elevations, details
labeled Exhibit . `B"; and colors/materials board labeled Exhibit "C". All
exhibits are dated May 11, 1999, as submitted and approved by the Planning
Commission.
(b) The site shall be maintained in a condition, which is free of debris both during
r and after the construction, addition, or implementation of the entitlement granted
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herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant �uGh"lay
or by duly permitted waste contractor, who has been authorized by the City to'y'I
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 ensure that the waste contractor utilized has obtained
permits from the City of Diamond Bar to provide such services.
(c) Applicant `shall obtain a lot line adjustment to combine the two lots located at
21095 and 21025 Golden Springs Drive.
(d)' The prop'o'sed development's hours of operation "shall be '24 hours, seven days a
week.
(e) Prior to the issuance of City permits, applicant shall submit a revised site plan
delineating the replacement of 'the proposed'!' compact' spaces at the north east
corner of the project site with a imni'mum of five full size parking spaces.
(f) Parking, loading, storage, driveway and vehicle maneuvering areas shall be kept
and maintained so as not to detract from the appearance of adjacent properties
and to protect the health, safety and welfare of the user, occupant, and general
public. Areas shall be kept in a neat: and clean condition, free of trash, debris or
rubbish, and free of potholes, sinkholes, standing 'water, cracks and/or broken
areas.
(g) Parking space and pavement striping and signs shall be repainted, refurbished
and/or replaced when they become faded, damaged or destroyed to an extent
that they are no longer effective.',
(h) Parking areas shall be periodically resurfaced or sealed to minimize seepage of
water into the ground below.
(i) No person shall park or store any commercial vehicle, trailer or related
equipment for a period in excess of 72 hours. No more than two commercial
vehicles may be parked on any parcel at any one time.
(j) Applicant shall resubmit a revised set of plans delineating the reduction in the
amount of proposed sign area for wall signs and shall not exceed a maximum
total of 200 square feet in sign area.
(k) Prior to the issuance of City permits, applicant shall submit plans delineating
color of the drive-thru portion of the monument sign. The drive-thru portion of
the monument sign has a blackbackground with white lettering.
(1) Prior to the issuance of City permits, applicant shall submit a materials sample
for the roof and wainscot tile to be reviewed and approved by the City.LJ
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(m) Applicant shall submit an exterior lighting plan/study to be reviewed and
approved by the City prior to the issuance of any City permits. The parking lot
security lighting shall be indicated on the submitted plans.
(n) Prior to the issuance of permits, applicant shall re -submit plans for the City's
review and approval, which indicate the proposed flag pole shall not exceed 35
feet in height.
(o) Prior to the issuance of permits, applicant shall re -submit plans for the City's
review and approval, which indicate the menu board sign shall not exceed six
feet in height.
(p) Applicant shall ensure their menu board sign speakers comply with the City's
Noise Ordinance.
(q) All landscaped areas shall be kept and maintained in a manner so as not to
detract from the appearance of adjacent properties and to protect the health,
safety, and welfare of the user, occupant and general public.
(r) Prior to the issuance of permits, applicant shall re -submit a landscape plan for
the City's review and approval. Landscape plans shall comply with water
efficiency standards. Landscaping shall be installed prior to Planning Divisions
final inspection. The landscape plan shall incorporate the replacement of the
-. existing eucalyptus trees on a 3:1 ratio. A minimum of fifteen (15) twenty four
inch (24") box trees shall be planted on-site with the balance to be provided off-
site to the satisfaction of the Community Services Director.
(s) Applicant shall place landscaping in the area located where the easterly
driveway along Golden Springs is closed.
(t) All structures, including any fences or walls for the trash enclosure, shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. Any graffiti shall be removed with 72 hours by the
owner/occupant.
(u) A recycle bin shall be included in the trash enclosure. A revised detail of the
trash enclosure shall be submitted to the City for review and approval prior to
issuance of City permits.
(v) Prior to the issuance of permits, applicant shall be approved by the Los Angeles
County Waste Management and acquire appropriate permits.
(w) Prior to the issuance of permits, applicant shall obtain the Los Angeles County
Fire Department's approval.
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(x) Applicant shall comply with all NPDES requirements and shall obtain the
necessary permits:
(y) 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'.
(z) A complete grading plan shall be reviewed and approved by the City before the
issuance of a grading permit.
(aa) A soils analysis/report shall be reviewed and approved by the City before the
issuance of a grading permit.
(bb) Prior to the issuance of City permits, applicant shall re -submit plans, which
indicate the easterly driveway along Golden Springs Drive shall be eliminated.
(cc) Prior to the issuance of City permits, applicant shall re -submit plans which
indicate the project driveways shall be stop controlled with minimum widths of
40 feet. The driveway located along Golden Springs Drive shall be permitted
left and right turn ingress and shall be right turn egress only.
(dd) Applicant shall record an irrevocable offer of dedication for a 5'wide portion of
the site along Golden Springs Drive and Brea Canyon Road to the City for
future roadway improvements.
rovements.
(ee) Applicant shall contribute their fair share costs for public improvements in an
amount not to exceed $20,000 for the identified future traffic and roadway
improvements. The applicant shall work with City staff to determine the actual
fair share cost amount prior to issuance of any City permits.
(ft) 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 2% slope;
3. Handicap parking - shall comply with the State Handicap Accessible
Regulations including van parking and two handicap parking spaces;
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;
6. Ramps shall be handicap accessible.
(gg) All underground storage tank plans shall be submitted to the Fire department for
review and approval.
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(hh) The commercial development shall conform to State and Local Building Codes
(i.e. 1994 editions of the Uniform Building Code, Plumbing Code, Mechanical
- Code, and 1993 edition of the National Electrical Code) as well as the State
Energy Code.
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(ii) All roof mounted equipment shall be screened from view.
(p) 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.
(kk) Applicant shall obtain separate sign permits from the Building and Safety
Division.
(11) Structures shall be engineered to meet wind loads of 80 m.p.h. with a "C"
exposure.
(mm)Pole sign shall be designed to withstand 80 miles an hour wind load with "C"
exposure.
(nn) Prior to construction, the applicant shall install temporary construction fencing
pursuant to the Building and Safety Division's requirements along the project
site's perimeter. This fencing shall remain until the Building Official approves
its removal.
(oo) Applicant shall file and obtain permit approvals from the South Coast Air
Quality Management District for the fast food restaurant and fuel dispensers.
(pp) Demolition permits shall be obtained from the South Coast Air Quality
Management District and the Building and Safety Division.
(qq) The applicant shall comply with all requirements from the Planning and Zoning
Division, Building and Safety Division, Public Works Division, and Fire
Department.
(rr) 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.
(ss) 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 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.
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(tt) If the Department of Fish and Game determines that Fish and Game Code
Seciton 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:
Michael B. Marvin, The Burger King Corporation, 1777 Old Cutler Road,
Miami, FL 33157; Debra Marinozzi, The McDonald's Corporation, 11682 El
Camino Real, Suite #400, San Diego, CA 92130; Rick Yost, The Chevron
Products Co., Incorporated, 1300 South La Habra Boulevard, La Habra, CA
90632; and Roger Green, Hogle-Ireland, Inc., 5 Corporate Park, Suite #160,
Irvine, CA 92660.
APPROVED AND ADOPTED THIS 11TH DAY OF MAY 1999, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: 0` Ll,
Steve Nelson, 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 11'b day of May
1999, by the following vote:
AYES: Kuo, McManus, Ruzicka, V/C Nelson
NOES: None
ABSENT: Chair/Tye
ABSTAIN: None
ATTEST:
James DeStefano, Secretary
14
PLANNING COAIMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 99-19
CONDITIONAL USE PERMIT NO. 99-1, COMPREHENSIVE SIGN PROGRAM
NO. 99-1,—VARL&NCE NO. 99-4—AND NEGATIVE DECLARATION NO. 99-4, A
REQUEST TO CONSTRUCT A 4,794 SQUARE FOOT COMBINED
COMMERICAL FAST FOOD RESTAURANT WITH DRIVE-THRU AISLE AND A
GAS SERVICE STATION. THE PROJECT SITE IS LOCATED AT 21025 AND
21095 GOLDEN SPRINGS DRIVE. DIAMOND BAR9 CALIFORNIA.
A. RECITIALS:
I The property owners, the Burger King Corporation and the Chevron Products
Co., Incorporated, and applicants, the McDonald's Corporation and the
Chevron Products Co., have filed an application for Development Review No.
99-1, Conditional Use Permit No. 99-1, Comprehensive Sign Program No. 99-
1, Variance No. 99-4, and Negative Declaration No. 99-4 located at 21025 and
21095 Golden Springs Drive, Diamond Bar, Los Angeles County, California,
as described above in the title of this Resolution. Hereinafter, in this
Resolution, the subject Development Review, Conditional Use Permit,
2. The Planning Commission of the City of Diamond Bar on April 27, 1999
conducted a duty noticed public hearing on the Application. The public hearing
was continued to May 11, 1999 whereon the Planning Commission received
3. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on April 8,
1999. Fortynine owners within a 500,foot radius of the project site were
notified by mail on April 7, 1999. Furthermore, the project site was posted with
B. RESOLUTION:
NOW, THEREFORE, it is found, determined and resolved by the Planning
1. This Planning Commission hereby specifically finds that all of the facts set
2. The Planning Commission hereby finds that the Initial Study review and
Negative Declaration No. 99-4 has been prepared by the City of Diamond Bar
in compliance with the requirements of the California Environmental Quality
Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to
Section 15070. Furthermore, Negative Declaration No.'99-4 reflects the
'independent judgement'of the City of Diamond Bar.
The Planning Commission hereby specifically finds and deterimines that, having
considered the record as a whole including the findings set forth below, there is
no evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this
Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
(a) The project site is approximately 50,167 square feet. It is located at 21025
and 21095 Golden Sp rings Drive, Diamond Bar, California. The project
(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 and service commercial use and therefore complies with
(c) The project site is within the Community Commercial (C -2 -BE) Zone. This
(d) Generally, the following zones and uses surround the project site: to the
north, is the SR 57 and SR 60 freeway junction, to the west, — east, and
south, is the C -2 -BE Zone.
(e) The proposed Application is a request to construct a 4,794 square foot
combined commercial fast food restaurant with a gas service station. The
combined commercial development proposed will include an indoor
restaurant, drive-thru, convenience food store, and six multi -dispensers
under service station canopy. Furthermore, the request includes a
Comprehensive Sign Program in order to install wall signs, two monument
signs, directional signs; and Variance for the proposed 62' 10" high pole
DEVELOPMENT REVIEW:
(f) The design and layout of the proposed development is consistent with the
General Plan, development' standards of the applicable district, design
guidelines, and architectural criteria for specialized area (e.g., theme areas,
specific plans, community plans, boulevards, or planned developments);
The proposed project complies with the elements of the adopted General
Plan of July 25,1995, which has a land use designation of General
Commercial. Additionally, the proposed project complies with the City's
Development Code standards for structures in a C -2 -BE zone. The project
The proposed project's architectural style, construction materials and
colors are consistent with the existing structures in the C -2 -BE zone. The
proposed project has a contemporary design similar to the surrounding
developments. The project site is within the Redevelopment Agency's
Economic Revitalization Area. However, there are no architectural criteria
required for projects in this area. Therefore, the design and layout of the
(g) The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future development, and
will not create traffic or pedestrian hazards.
The proposed project is within a commercial zone (C -2 -BE) which permits
the proposed commercial use. The project required the submittal of a
traffic analysis/report. A -traffic impact analysis report was prepared by
RYJK & Associates for this project. Recommendations are incorporated as
a part of the project's conditions of approval to ensure the proposed project
will not create traffic or pedestrian hazards. Specific recommendations
include closure of the easterly driveway located along Golden Springs
Drive, stop controlling driveways with minimumwidths Of 40 feet, and
restricting access for the driveway located on Golden Springs Drive to
(h) The architectural design of the proposed development is compatible with
the. characteristics of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly, and attractive development
contemplated by Chapter 22.48, the General Plan,! City Design Guidelines,
The proposed project's 1architectural style, construction materials and
colors are consistent with the existing structures in the C -2 -BE zone. The
proposed project has a contemporary design similar to the surrounding
developments. More specifically, the proposed project has a metal seamed
developments. The project site is within the Redevelopment Agency's Economic
Revitalization Area. However, there are no architectural criteria required for projects
in this area. ' Therefore, — the architectural design of the proposed development is
consistent- with 'the applicable characteristics of the surrounding neighborhood.
(i) The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
Indeed, the McDonald's restaurant is easily identified by the brick red
colored mansard roof, stucco walls, aluminum storefront, and wainscot tile.
The color and texture of the fast food restaurant help easily identify
McDonald's and thus, creates a familiar project site in which customers are
accustomed to seeing in a commercial area. More specifically, the wainscot
tile is being added to the base of the building and walkway to provide for
more aesthetic appeal. It also helps create a building, which is easier to
maintain in the long run. The wainscot tile is preferred because painted
stucco walls are more likely to peel and have a dirty appearance.
Therefore, the proposed project's design provides for a more desirable
The proposed project will not be detrimental to the public health, safety, or
welfare or materially injurious (e.g. negative affect on property values or
Before the issuance of any City pernfits, 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 Sheriffs
Department, Fire Department, South Coast Air Quality Management
District requirements. The referenced agencies' involvement will ensure
that the proposed commercial development is not detrimental to the public
health, safety or welfare or materially injurious to the properties ror
improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the provisions
The City has determined that a Negative Declaration is required for this
project. Negative Declaration No. 99-4 has been prepared for this project
pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15070. Furthermore, on the basis of the initial evaluation,
it has been detern-dned that the proposed project could not have a
significant effect on the environment.
4
CONDMONAL USE PERAHT:
(1) The proposed use is allowed within the subject zoning district with the
approval of a Conditio -nal We Permit and complies with all other
applicable provisions of this Development Code and the Municipal Code;
Pursuant to the Development Code, 'a drive-thru service is permitted in a C-
2 zone, provided a Conditional Use Permit is obtained. The proposed
project complies with the Development Code's requirements set forth for
drive-thru facilities. Requirements specifically include the following: Drive-
thru aisles shall have a minimum 10 foot interior radius at curves and a
minimum 12 foot width. Each drive-thru entrancetexit shall be at least 50
feet from an intersection of public rights-of-way, measured at the closest
intersection curbs, and at least 25 feet from the curb cut on an adjacent
Additionally, the proposed project was required to submit a traffic
an alysistre port. The project was also reviewed by the City's traffic
consultant to ensure adequate circulation routes necessary for ingress or
egress from the property, or access to a parking space. More specifically,
(m)The proposed use is consistent with the General Plan and any applicable
specific plan;
The proposed project has a General Plan land use designation of General
Commercial (C). Pursuant to the General Plan, this Jand use designation
provides for the establishment of regional, freeway oriented, and/or
community retail and service commercial uses. The proposed development
is considered a community retail and service commercial use as required
The addition of the drive-thru provides convenience for fast-food restaurant
customers and thus„ makes for a potentially - more attractive commercial
development in which Diamond Bar citizens may enjoy. Furthermore, the
proposed project meets the Development Code's minimum requirements
for drive-thru facilities. Requirements include minimum aisle widths and
analysis of vehicle queuing capacity. These requirements help ensure the
drive-thru fits in well with the site. Therefore, the proposed drive-thru is
(n) The design, location, size, and operating characteristics of the proposed
The proposed project is located within a Community Commercial (C -2 -BE)
Zone. The zone allows for retail and service uses. All developments within
the C -2 -BE Zone must meet certain minimum development standards as
Diamond Bar Development Code. Development standards include setbacks,
building height, parking layout, FAR, landscaping and signage. The proposed
project meets the minimum development standards or has recommendations
incorporated as part of the conditions of approval. Therefore, the proposed project is
compatible with the existing and future land uses in the vicinity.
(o) The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities, compatibility
The subject site currently contains an existing fast food restaurant and
gasoline service station. The existing fast food restaurant and gasoline
service station is permitted in a -C -2 -BE Zone. The proposed project is
similar to the existing land use and shall meet,ithe requirements for a C -2 -
BE Zone. This type of service is compatible with the surrounding
commercial neighborhoods; particularly other nearby restaurant services,
which also have drive-thru facilities. Therefore, the subject site is physically
suitable for the type and density/intensity of use being proposed including
access, provision of utilities, compatibility with adjoining land uses, and the
absence of physical constraints
—I.1111i—
(P) Granting the Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
As stated in (k) and (1), the drive-thru must meet the minimum
requirements set forth in the City of Diamond Bar's Development Code.
Safety measures include providing minimum aisle widths, enhancing
paving or markings which indicate pedestrian walkways, screening from
view service areas, roof mounted mechanical equipment, and trash storage
areas. Circulation issues related to the drive-thru have also been
addressed in the traffic analysis/report, which was prepared by RKJK and
Associates for this project. More specifically, a pass-thru lane located
alongsid 'e the drive-thru lane was — proposed to provide better circulation.
Therefore, granting the Conditional Use Permit will not be detrimental to
the public interest, health, safay, convenience, or welfare, or injuriou&to
(q) The proposed project has been reviewed in compliance with the provisions
The City has determined that a Negative Declaration is required for this project.
Negative Declaration No. 99-4 has been prepared for this project pursuant to the
provisions of the California Environmental Quality Act (CEQA), Section 15070.
Furthermore, on the basis of the initial evaluation, it has been determined that the
proposed project could not have a significant effect on the environment.
COMPREHENSIVE SIGN PROGRAM:
(r) The Comprehensive Sign Program satisfies the purpose of this Chapter
The Comprehensive Sign Program is consistent with purpose and intent of
Chapter 22.36 of the City of Diamond Bar Development Code because it
complies with the design standards and guidelines, and is compatible with
the style, color, and the requirements for presentation. This is true with the
exception of maximum allowed sign area for wall signs in which the
applicant shall reduce the signs so the total sign area does not exceed 200
square feet as part of the conditions of approval. The applicant has
The proposed signs were reviewed by the Public Work's Division and
comply with clear line -of -site and directional requirements. Additionally, the
Building and Safety Division reviewed the sign proposal. The Building and
Safety Division's plan check review, permit and inspections will ensure that
(s) The signs enhance the overall development, are in harmony with, and are
visually related to other signs included in the Comprehensive Sign
Program and to the structure and/or uses they identify, and to suffoundin
The proposed signs' placement allows for clear identification of the
McDonald's/Chewon development, when traveling west and eastbound on
Golden Springs Drive. The pole sign allows for clear identification when
traveling on the SR 60 leeway. Additionally, the arrangement of the signs
The proposed signs' design is harmonious with the eclectic collection of
sign styles in commercial centers in the City as a whole, as well as being
compatible with the style, color and signs of the commercial sites
(t) The Comprehensive Sign Program accommodates future revisions which
The application utilizes the maximum signage with this submittal. However,
(u) The Comprehensive Sign Program complies with the standards of this
Chapter, except that flexibility is allowed with regard to sign area, number,
location, and/or height to the extent that the Comprehensive Sign Program
will enhance the i
The application of all of the proposed signs of varying heights and locations, and
two monument signs are consistent with the intent of Chapter 22.36 of the City of
Diamond Bar Development Code. The color, size,— presentation, and placement of
the signs allow for flexibility with compatibility utilizing size, shape, color,
presentation, and by utilizing logo recognition.
VARLANCE: — — I
(y) There are special circumstances applicable to the property (e.g., location,
shape, size, surroundings, topography, or other conditions), so that the
strict application of the City's Development Code denies the property,
owner privileges enjoyed by other property owners in the vicinity and under
identical zoning districts or creates unnecessary and non -self created,
hardship or unreasonable regulation which makes it obviously impractical
to require compliance with the development standards;
In granting the variance for the freeway oriented sign, special circumstances
apply to this particular project site. —First,—the project is located 15' below
the freeway grade. It is difficult for freeway travel6rsto see the subject site
without having a freeway oriented sign in place. The pr9ject site
surroundings include the SR 57 and SR 60 freeway junction and freeway
eastbound freeway on-ramp., 'It is anticipated that freeway travelers will be
traveling at high speeds, thus making it difficult for freeway travelers to see
the sign at a 40' height. Since the freeway is also divided into more than
four lanes, a sign, 40' high may not be noticed by freeway travelers going
north. City staff anticipates freeway travelers wishing to visit the
McDonald's/Chevron may not see the sign in time and attempt to exit by
quickly changing lanes to exit. By allowing the freeway oriented sign to
exceed 40', freeway travelers may see the sign sooner, and in turn, have
(w)Granting the Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the
same vicinity and zoning districts and denied to the property owner for
As referenced above, the project is located 15' below the freeway grade. It
is difficult for freeway travelers to see the subject site without having a
freeway oriented sign in place. It is also difficult for freeway travelers to see
the sign at a 40' height. Since the freeway is also divided into more than
four lanes, a sign, 40' high may not be noticed by freeway travelers going
north. City staff anticipates freeway travelers wishing to visit the
McDonald's/Chevron may not see the sign in time and attempt to exit by
quickly changing lanes to exit. Whereas, the surrounding commercial
businesses, which are also located next to the freeway have a pole sign
property rights possessed by other property owners in the same vicinity
(x) Granting the Variance is consistent with the General Plan and any
applicable specific plan;
The General Plan land use designation for the project is General
Commercial (C). The proposed project is consistent with the General
Commercial land use designation. The General Plan's objectives and
strategies for land uses within General Commercial include encouraging
revenue generating uses in locations that serve the City's needs.- The
freeway sign is in at an ideal location for a City identification sign because
of its advertisement visibility from the freeway and creates the opportunity
(y) The proposed entitlement would not be detrimental to the public interest,
The applicant is required to provide construction and engineering details
for the proposed pole sign. Details include information regarding sign
height and materials used to construct the sign. The proposed pole sign's
structural design will be reviewed and approved by the City's Building and
Safety Division. This is to ensure a structurally sound freeway oriented sign
with the appropriate footing depth and wind load resistance is installed.
Therefore, the proposed entitlement will not be detrimental to the public
(z) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that a Negative Declaration is required for this
project. Negative Declaration No. 99-4 has been prepared for this project
pursuant to the provisions of the California Environmental Quality Act
(CEQA), Section 15070. Furthermore, on the basis of the initial evaluation,
5. Based upon the findings and conclusions set forth above, the Planning Commission
(a) The project shall substantially conform to site plan, floor plan, elevations,
landscape/irrigation plan labeled Exhibit 'W; sign plans, elevations,
details labeled Exhibit -'S"; and colors/materials board labeled Exhibit
"C". All exhibits are dated May 11, 1999, as submitted and approved by
(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 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 ensure that the
(c) Applicant shall obtain' a lot line adjustment to combine the two lots located
(d) The proposed development's hours of operation'shall be 24 hours, seven
days a week.
(e) Prior to the issuance of City permits, applicant shall submit a revised site
plan t delineating the replacement of the proposed, compact — spaces at
the north east comer of the project site with a mi-nimum. of five full size
(f) Parking, loading, storage, driveway and vehicle maneuvering areas shall be
kept and maintained so as not to detract from the appearance of adjacea
properties and to protect the health, safety an& welfare of the user,
occupant, and general 'public. Areas shall be kept in a neat and clean
condition, free of trash, debris or rubbish, and free of potholes, sinkholes,
(g) Parking space and pavement striping and signs shall be repainted,
refurbished and/or replaced when they become faded, damaged or
destroyed to an extent that they are no longer effective.
(h) Parking areas shall be periodically resurfaced or sealed to minimize
(i) No person shall park or store any commercial vehicle, trailer or related
equipment for a period in excess of 72 hours. No more than two
Applicant shall resubmit a revised set of plans delineating the reduction in
the amount of proposed sign area for wall signs and shall not exceed a
(k) Prior to the issuance of City permits, applicant shall submit plans
delineating color of the drive-thru portion of the monument sign. The drive -
(1) Prior to the issuance of City permits, applicant shall submit a materials
(m) Applicant shall submit an exterior lighting plan/study to be reviewed and approved by the
City prior to the issuance of any City permits. The parking lot security lighting shall be
indicated on the submitted plans.
(n) Prior to the issuance of permits, applicant shall re -submit plans for the City's review and
approval, which indicate the proposed flag pole shall not exceed 35 feet in height.
(o) Prior to the issuance of permits, applicant shall re -submit plans for the City's review and
approval, which indicate the menu board sign shall not exceed six feet in height.
(p) Applicant shall ensure their menu board sign speakers comply with the City's Noise
Ordinance.
(q) All landscaped areas shall be kept and maintained in a manner so as not to detract from
the appearance of adjacent properties and to protect the health, safety, and welfare of
the user, occupant and general public.
(r) Prior to the issuance of permits, applicant shall re -submit a landscape plan for the City's
review and approval. Landscape plans shall comply with water
erticiency Stan(lar(IS. Landscaping shall be installed prior to Planning Divisions final
inspection. The landscape plan shall incorporate the replacement of the existing
eucalyptus trees on a 3:1 ratio. A minimum of fifteen (15) twenty four inch (24") box
trees shall be planted on-site with the balance to be provided offsite to the satisfaction of
the Community Services Director.
(s) Applicant shall place landscaping in the area located where the easterly driveway along
Golden Springs is closed.
(t) All structures, including any fences or walls for the trash enclosure, shall be maintained in a
structurally sound, safe manner with a clean, orderly appearance. Any graffiti shall be
removed with 72 hours by the owner/occupant.
(u) A recycle bin shall be included in the trash enclosure. A revised detail of the trash
enclosure shall be submitted to the City for review and approval prior to issuance of City
permits.
(y) Prior to the issuance of permits, applicant shall be approved by the Los Angeles County
Waste Management and acquire appropriate permits.
(w) Prior to the issuance of permits, applicant shall obtain the Los Angeles County Fire
Department's approval.
(x) Applicant shall comply with all NPDES requirements and shall obtain the
(y) Applicant shall be responsible for sewer and storm drain connections and
shall pay connection fees, as required by the City and L.A. County
(z) A complete grading plan shall be reviewed and approved by the City
before the issuance of a grading permit.
(aa) A soils analysis/report shall be reviewed and approved by the City before
the issuance of a grading permit.
(bb) Prior to the, issuance of City permits, applicant shall re -submit plans,
(cc) Prior to the issuance of City permits, applicant shall re -submit plans which
indicate the project driveways shall be stop controlled with minimum
widths of 40 feet. The driveway located along Golden Springs Drive shall
(dd) Applicant shall record an irrevocable offer of dedication for a 5'wide
portion of the site along Golden Springs Drive and Brea Canyon Road to
(ee) Applicant shall contribute their fair share costs for public improvements in
an amount not to exceed $20,000 for the identified future traffic and
roadway improvements. The applicant shall work with City staff to
(fl) Applicant shall comply with the following ADA requirements:
I . Provide handicap parking lot sign4ge;
2. Delineate path of travel (striping) from parking lot to building; this
path of travel shall not exceed a 2% slope;
3. Handicap parking - shall comply with the State Handicap
Accessible Regulations including van parking and two handicap
parking spaces;
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
(gg) All underground storage tank plans shall be submitted to the Fire
(hh) The commercial development shall conform to State and Local Building
Codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code,
Mechanical Code, and 1993 edition of the National Electrical Code) as
(H) All roof mounted equipment shall be screened from
G) 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
(kk) Applicant shall obtain separate sign permits from the Building and Safety
(U) Structures shall be engineered to meet wind loads of 80 m.p.h. with a "C"
(mm)Pole sign shall be designed to withstand 80 miles an hour wind load with
(nn) Prior to construction, the applicant shall install temporary construction
fencing pursuant to the Building and Safety Division's requirements along
the project site's perimeter. This fencing shall remain until the Building
Official approves its removal.
(oo) Applicant shall file and obtain permit approvals from the South Coast Air Quality Management
(pp) Demolition permits shall be obtained from the South Coast Air Quality
(qq) The applicant shall comply with all requirements from the Planning and
Zoning Division, Building and Safety Division, Public Works Division, and
(rr) 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
(ss) 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 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
(tt) If the Department of Fish and Game determines that Fish and Game Code
Seciton 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. Furtliermore, 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
The Planning Commission shall:
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Michael
B. Marvin, The Burger King Corporation, 1777 Old Cutler Road, Miami, FL
33157; Debra Marinozzi, The McDonald's Corporation, 11682 EI Camino Real,
Suite #400, San Diego, CA 92130; Rick Yost, The Chevron Products Co.,
Incorporated, 1300 South La Habra Boulevard, La Habra, CA 90632; and
Roger Green, Hogle-Ireland, Inc., 5 Corporate Park, Suite #160, Irvine, CA
APPROVED AND ADOPTED TH[S I ITH DAY OF MAY 1999, BY
BY: O—„ f --, L /" Steve Nelson,
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
AYES: Kuo, McManus, Ruzicka, V/C Nelson
NOES: None
ABSENT: Chair/Tye
ABSTAIN: None K, ATTEST:
James
DeStefano, Secretary