HomeMy WebLinkAboutPC 99-16PLANNING COMMISSION
RESOLUTION NO. 99-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING CONDITIONAL USE
PERMIT NO. 98-7, DEVELOPMENT REVIEW NO. 98-12,
VARIANCE NO. 99-2, NEGATIVE DECLARATION NO.
99-3 AND ADDENDUM TO THE NEGATIVE DECLARATION
FOR THE CONSTRUCTION OF A CAR WASH WITH A
RETAIL SALES BOUTIQUE, THREE -BAY LUBE CENTER,
DETAIL CENTER WITH OFFICE, SIX -BAY AUTO SERVICE
CARE CENTER, THREE FUELING PUMPS AND TWO
PLATFORMS TO DISPLAY NEW CARS. ADDITIONALLY,
THE PROJECT INCLUDES THE CONSTRUCTION OF AN
18 -FOOT HIGH RETAINING WALL. THE PROJECT SITE
IS LOCATED AT 515 S. GRAND AVENUE, (PARCELS 3
AND 4 OF PARCEL MAP 15625) DIAMOND BAR,
CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mathew Tachdjian of Col -Am
Properties, LLC has filed an application for Conditional Use
Permit No. 98-7, Development Review No. 98-12, Variance
No. 99-2 and Negative Declaration/Addendum No. 99-3 for a
4_.._ property located at 515 S. Grand Avenue, Diamond Bar,
Los Angeles County, California. Hereinafter 'in this
Resolution, the subject Conditional Use Permit, Development
Review, Variance and Negative Declaration/Addendum shall be
referred to as the "Application".
2. On April 27, 1999, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing on the
Application. At that time, the public hearing was opened,
public comments were heard and the public hearing was
continued to May 11, 1999. The public hearing was again
continued to June 8, 1999, and June 22, 1999.
3. Notification of the public hearing for this project. was
provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers on April 5, 1999. On March 31,
1999, public hearing notices were mailed to approximately four
property owners of record within a 500 -foot radius of the
project. Furthermore, on April 5, 1999, the project site was
posted with the required display board.
,m, B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
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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. 99-3 have been prepared by
the City of Diamond Bar in compliance with the requirement of
the California Environmental Quality Act (CEQA) and guidelines
promulgated thereunder, pursuant to Section 15070. Pursuant
to CEQA Section 15164, Addendum to Negative Declaration
No. 99-3 has been prepared. Furthermore, Negative Declaration
No. 99-3 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, and changes and
alterations which have been incorporated into and conditioned
upon the proposed project set forth in the application, there
is no evidence before this Planning Commission that the
project proposed herein will have the potential of an adverse
effect on wild life resources or the habitat upon which the
wildlife depends. Based upon substantial evidence, this
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 relates to a rectangular -shaped vacant lot,
consisting of two parcels (Parcel 3 - approximately
36,350 square feet and Parcel 4 - approximately 10,070
square feet) approximately 1.06 acres. The project site
is basically denude of vegetation with existing -walls
adjacent to the north and south property lines and within
the eastern portion of the project site near
Grand Avenue. The project site's topography begins at
and elevation of approximately 699 feet, at Grand Avenue
and slopes down to Old Brea Canyon Road to an elevation
of approximately 677 feet. Both parcels contain
easements for Los Angeles County flood control and storm
drain and Southern California Edison.
(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 the establishment
of freeway -oriented, and/or community retail and service
commercial uses. Additionally, development within the C
designation is permitted to maintain a maximum floor area N'
ratio (FAR) of 1.00. The project's FAR is 0.24.
(c) The project site is within the'Regional Commercial (C-3)
Zone. This zoning designation permits a wide range of
uses (i.e. retail trade, services, fueling/service
stations, vehicle repair/maintenance, auto sales, car
washes, restaurant's, etc.)
(d) Generally, the following zones and uses surround the
project site: To the north is the Burger King
restaurant, Diamond Bar Honda dealership, C-3 Zone and
boundary for the City of Industry; to the south is the
Pomona (SR -60) Freeway; to the east is Grand Avenue and
boundary for the City of Industry; and to the west is Old
Brea Canyon Road and boundary for the City of Industry.
The project site is also located in the City's
Redevelopment Agency's Economic Revitalization Area.
(e) The Application request is to construct an automated hand
car wash facility that consists of the following: A wash
—tunnel of approximately 2,402 square feet; retail sales
boutique area, approximately 2,089 square feet; three -bay
lube center, approximately 1,140 square feet; detail
center with office, approximately 1,467 square feet; six -
bay auto service center, approximately 4,150 square feet;
three fuel dispensers; vacuum and queuing and drying
areas; two platforms to display new cars; and retaining
wall with a maximum height of 18 feet. Additionally, the
display platform and six -bay auto service center will be
an expansion of the Honda dealership.
DEVELOPMENT REVIEW
(f) The design and layout of the proposed development is
consistent with the applicable elements of the City's
General Plan, City Design Guidelines, and development
standards of the applicable district, design guidelines,
and architectural criteria for special areas (e.g., theme
areas, specific plans, community plans, boulevards or
planned developments).
The proposed project provides for the establishment of
service and retaa'1 uses that are consistent with the
General Plan's Regional Commercial land use designation.
Pursuant to the General Plan and as amended herein, the
proposed project will yield a pleasant environment for
those working and visiting the car wash facility through
its design, use of materials and colors, landscaping that
will offer a variety of plant species and adequate on-
site parking with the required recorded reciprocal
parking and access agreement.
(g) The design and layout of the proposed development will
not interfere with the use and enjoyment of neighboring
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existing or future development and will not create
traffic or pedestrian hazards.
The proposed project is within the -Regional Commercial
Zone, which permits the proposed uses. The proposed
project is located within an established commercial
development at the boundary of the City. The proposed
development's design (as amended herein) and layout will
unify and integrate the proposed development with the
existing adjacent development. Additionally, as
referenced in the traffic impact „study dated June 10,
1999, prepared by Associated Traffic Consultants, the
proposed project will not create traffic or pedestrian
hazards,.
(h) 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 22.48.20. Development Review standards, City
Design Guidelines and the City's General Plan.
As also referenced in Item 4. (f) above and (i) below,
the proposed project will be consistent and compatible
with the architectural design, materials, and colors of
the commercial development within the area. Therefore,
the proposed project will be compatible with the r'
character of the surrounding neighborhood and will L
maintain the harmonious, orderly and attractive Li
development contemplated by the City's Development Review
requirements, Design Guidelines and General Plan.
(i) 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, as amended herein, 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. The construction materials, concrete block,
glass and metal will retain a reasonably adequate level
of maintenance.
(j) The proposed
public health,
(e.g. negative
property) to
vicinity; and
development will not be detrimental to
safety or welfare or materially injurious
affect on property values or resale(s) of
the properties or improvements in the
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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, and Fire Department,
requirements. The referenced agencies' involvement will
ensure that the proposed 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);
Pursuant, to the provisions of CEQA, the City has
determined that a Negative Declaration is required for
this project. According to CEQA Section 15070, Negative
Declaration No. 99-3 has been prepared. The Negative
Declaration's review period began April 5, 1999, and
ended April 24, 1999.
Pursuant to CEQA Section 15164, Addendum to Negative
Declaration No. 99-3 has been prepared. The revisions
indicate that the proposed project will not have a
significant impact. Therefore, further public review is
not required.
(1) The proposed project will be in substantial compliance
with the adopted Economic Revitalization Area.
The proposed project is located within the Economic
Revitalization Area. The proposed project is consistent
with the Economic Revitalization Area Plan in that it:
Implements the General Plan's policies, goals, objectives
and strategies. Additionally, the proposed project
provides an opportunity for retail and other non-
residential commercial uses; promotes the economic
development of the Project Area by providing an
attractive, well -serviced, well -protected environment for
all residents and visitors; promotes local job
opportunities; and as amended herein will implement
design and use standards that assure high aesthetic and
environmental quality, and provide unity and integrity to
developments within the Project Area.
CONDITIONAL USE PERMIT
(m) The proposed use is allowed within the subject zoning
district with the approval of a Conditional Use Permit
and complies with will other applicable provisions of the
Development Code and the Municipal Code;
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Pursuant to Tables 3-10, the proposed uses are either
permitted with a Conditional Use Permit or permitted by
right within the C-3 Zone. As conditioned and amended�Milli;
herein, the proposed uses will comply with all otherry'�I4yil�
applicable provisions of the Development Code and the
Municipal Code.'
(n) The proposed use is consistent with the General Plan and
any applicable specific plan;
There .is no specific plan for the project area. As
referenced in Item (f) above, the proposed project is
consistent with the General Plan.
(o) The design, location, size and operating characteristics
of the proposed use are compatible with the existing and
future land uses in the vicinity;
--As also referenced in Item 4. (f) and (i) above, the
proposed project, as amended herein, will be consistent
and compatible with the architectural design, materials,
and colors of the commercial development within the area.
The project site is adequate in size to accommodate the
proposed project, as amended herein, with the requirement
that the applicant obtain and record a reciprocal parking
and access agreement. Operating characteristics will be
compatible with the existing and future land uses in the
vicinity as conditioned through the Conditional Use �!
Permit process.
(p) The subject site is physically suitable for the type and
density/ intensity of the use being proposed including
access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical
constraints;
As referenced in Item (h) above, the subject site is
physically suitable to the proposed project. Access has
been reviewed in a traffic impact study prepared by
Associated Traffic Consultants and the City's traffic
engineer/Public Works Division. The access was deemed
adequate. Utilities are existing and as required in the
conditions of approval, the proposed project will be able
to hook-up to existing utilities. As referenced above in
Items (f), (g), (n), (m), (n), and (o), the proposed
project will be compatible with adjoining land uses. As
proposed, the project is absent physical constraints.
(q) 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;
As amended herein, conditioned, and with appropriate
permits and inspections, the granting of 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.
VARIANCE
(r) There are special circumstances applicable to the
property (e.g., location, shape, size, surroundings,
topography, or other conditions), so that the strict
application of this Development Code denies the property
owner privileges enjoyed by other property owners in the
vicinity and under identical zoning districts or creates
an unnecessary and on -self created, hardship or
--unreasonable regulation which make it obviously
impractical to require compliance with the development
standards;
The Variance is related to an 18 -foot high retaining
wall, which will support a display platform for cars
(extension of the Honda dealership) adjacent to
Grand Avenue. Grand Avenue is at an elevation of
approximately 700 feet. Abutting Grand Avenue, the
project site's elevation varies to approximately 688
feet. Due to the site's topography and the desire to
bring a portion of the proposed development up to street
level (which is common for most commercial development
within the City), the 18 -foot high retaining wall is
needed.
(s) 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
district and denied to the property owner for which the
Variance is sought;
As referenced in Item (r) above, 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 district and
denied to the property owner for which the Variance is
sought;
(t) Granting the Variance is consistent with the General Plan
and any other applicable specific plan;
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The proposed retaining wall is consistent with the
General Plan in that it allows for the expansion of the
Honda dealership by providing a platform area for display
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TT' r 1 1 1 r _. -..r _ _.. _. _...y.,.: - . - -
of cars. This display area will assist in minimizing
sales tax leakage to other cities that have auto malls.
The granting of the Variance allows further development
of a business in a manner that takes advantage of freewayi
visibility as referenced in Strategy 1.3.2 of the General
Plan. Furthermore,'the granting of this Variance expands
the Honda dealership, thereby retaining and expanding an
established business as referenced in Strategy 1.3.4.
Therefore, granting the Variance is consistent with the
General Plan. The project site is not within a specific
plan area.
(u) The proposed entitlement would not be detrimental to the
public interest, health, safety, convenience, or welfare
of the City;
As referenced in Items (h), (i), (j) and (q) above, the
proposed entitlement would not be detrimental to the
_-public interest, health, safety, convenience, or welfare
of the City;
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,
grading plan, floor plan, elevations, final
landscape/irrigation plan, final exterior and parking lot
lighting plan/study and colors/materials board
collectively labeled as Exhibit "A" dated June -22, 1999,
as submitted and approved by the Planning Commission, as
amended herein.
(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) Before the issuance of any City permits, the applicant
shall submit a final landscape/irrigation plan that
delineates plant species, size, quantity and location,
for the City's review and approval. The final landscape
plans shall also include tree species and size approved M1
by the City, utilized as a uniforming element that ties- a
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together the proposeddevelopment with the existing
development. Any existing landscaping that has died or
_ is destroyed during construction shall be replaced
matching the existing landscaping. Additionally, the
final landscape plan shall delineate the four required
trees within the parking area. Said trees shall be a
minimum size of 36 -inch box. The landscape/irrigation
plan shall comply with the City's established Water
Efficient Landscape Regulations and shall be plan checked
accordingly. All landscaping and irrigation shall be
installed prior to final inspection.
(d) Before the issuance' of any City permits, the applicant
shall submit an exterior lighting plan/study for the
City's review and approval. Lighting shall comply with
all applicable Development Code standards.
(e) All roof -mounted equipment shall be screened from public
view.
(f) Prior to the issuance of a building permit, the applicant
shall submit a final detail of the trash/recycle bin
enclosure for the City's review and approval.
(g) Proposed retaining wall shall not exceed 18 feet in
height.
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(h) Prior to the issuance of any City permits, the applicant
shall delineate pedestrian access from the car wash site
tdthe Burger King restaurant site on a revised site plan
for the City's review and approval.
(i) The proposed project shall comply with the City's noise
standards. The car wash force -air blower shall be
operated only between the hours of 7:00 a.m. and
8:00 p.m. and in a manner that does not exceed 60 dBA at
any point on contiguous receptor property, five feet
above grade level, no closer than three feet from any
wall in a commercial/industrial location.
(j) Prior to the issuance of any City permits, the applicant
shall obtain City approval for and shall record the
proposed lot line adjustments.
(k) Prior to final inspection/occupancy, the applicant shall
pay their "fair -share" (1.420/ $7,244) of the
installation of the following traffic improvements
measures as required by the Deputy Public Works Director
and Cal -Trans:
(1) Grand Avenue and SR-57/SR-60 west bound ramp:
Provide an additional right -turn lane and an
additional left -turn lane on the off ramp resulting
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in two left -turn and two right -turn lanes; and
(2) Provide an additional through lane on the northbound
approach of Grand Avenue resulting in three through M1911
lanes.
(1) Prior to the issuance of any City permits, the applicant
shall submit a complete grading plan in accordance with
the City's grading requirements for the City's review and
approval. The grading plan shall:
(1) Be signed/stamped by a civil engineer, geotechnical
engineer and geologist as required;
(2) Delineate the proposed and existing topography;
(3) Delineate finish surface, finish grade, flow lines,
top of wall, bottom of wall, bottom of footing and
finished surface for proposed retaining walls;
(4) Delineate proper drainage with details and sections;
and
(5) Indicate quantity and earth work calculation.
(m} Plans shall delineate retaining wall sections drawn to
scale with appropriate details, type of retaining wall
and structural calculations.
(n) Before the issuance of any City permits, the applicant
shall submit an erosion control plan for the City's
review and approval. The erosion control plan shall
conform to National Pollutant Discharge Elimination
System (NPDES) standards and incorporate the appropriate
Best Management Practices (BMP's). Additionally, the
applicant shall obtain the necessary NPDES permits.
(o) The applicant shall be responsible for sewer and storm
drain system/lateral installation and shall ensure
connection with the Los Angeles County Department of
Public Works for.storm drain and sewer lateral if there
are none currently available. Additionally, the
applicant shall pay the County Sanitation District for
connection fees. Furthermore, the applicant shall be
responsible for all costs associated with the
improvement, review and approval for the addition of
sewer or storm drains.
(p) Prior to final inspection, the applicant shall install
full sidewalk improvements along the property frontage at
Old Brea Canyon Road to the satisfaction of the Deputy
Public Works Director and with an encroachment permit.
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The sidewalk width shall match and join existing
sidewalk.
F-,
(q) Applicant shall submit a soils report, for the City's
review and approval, incorporating the scope of the
proposed development. The soils report shall give
appropriate recommendation for the project's construction
including the suitability of the retaining wall to
withstand pressure of the retained soil and proposed
development.
(r) Driveway improvement shall be required at the appropriate
width.
(s) Prior to the issuance of any City permits, the applicant
shall submit a revised site plan accurately delineating
the existing storm drain easement dedicated. to Los
Angeles County Flood Control District along the northerly
___end of Parcels 3 and 4.
(t) Applicant shall be responsible for all utility
improvements. All utility improvement shall be made
prior to occupancy. If cuts within the City right-of-way
are required, the applicant shall obtain the appropriate
encroachment permits and pay the appropriate fees.
(u) Applicant shall be responsible for acquiring the
appropriate industrial waste permits with Los Angeles
County. Additionally, the applicant shall conform to all
NPDES requirements.
(v) All handicap parking shall comply with current State
handicap accessible regulation. Van parking shall be
provided. Site plan shall delineate path of travel from
parking lot to building. Cross slope shall not exceed
two percent. All bathroom and ramps shall be designed in
compliance with State handicap accessible regulations.
Required handicap signage shall be installed at each
entrance.
(w) Plans shall conform to State and Local Building Code
(i.e. 1994 Uniform Building Code, Uniform Plumbing Code,
Uniform Mechanical Code, and the 1993 National Electrical
Code) and State Energy Code requirements.
(x) Construction plans shall be engineered to meet wind loads
of 80 M.P.H. with a "C" exposure.
(y) Pursuant to the Building and Safety Division
requirements, the applicant shall provide construction
fencing surrounding the boundaries of the project site.
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t-._ __- - "'_j__I_, .....nr,1IP"'I`"1r1r-�,�._"II_�,��..��.,�� .i.N .. -; vur-�,-,,.-.,r T"`_ �9T�.li 11ui 01 -,-F—-.—__ _-._ _. _1_
(z) Applicant shall submit construction plans to the
Los Angeles County Fire Department for review and
approval. Plans shall comply with all applicable fire
codes.
vNlll�I,�IIII .
(aa) Applicant shall obtain and record a reciprocal parking
and access agreement that includes all four parcels
(Diamond Bar Honda dealership, Burger King restaurant and
car wash facility).
(bb) Gasoline delivery shall not occur during operational
hours of the car wash.
(cc) Adjacent to the north elevation of the six -bay auto care
center and the car wash, the applicant shall negotiate
with Cal -Trans in order to install landscaping and
irrigation on Cal -Trans property. If an agreement is
obtained, maintenance of this landscape area shall be the
applicant's responsibility.
(dd) Applicant shall be responsible for maintaining a graffiti
free project site and a graffiti free area adjacent to
the project site over which the applicant has control.
The applicant shall be responsible for the graffiti
removal within 48 hours of it appearance or upon
notification to the applicant of its appearance.
(ee) All under ground tanks, contaminant storage tanks and
storage tanks for oil, fluids and all other chemicals
shall meet all environmental requirements including the
applicant obtaining the appropriate permits from South
Coast Air Quality Management District, California
Regional Water Quality Board and the Fire Department.
(ff) 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 of time may be
.approved when submitted to the City in writing at least
60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly
noticed public hearing in accordance with Chapter 22.72
of the City of Diamond Bar Development Code.
(gg) This grant shall not be effective for any purpose until
the permittee and owner of the property involved (if
other than the permittee) have filed, within fifteen (15)
days of approval of this grant, at the City of Diamond
Bar Community and 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, school fees and fees for
the review of submitted reports.
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(hh) If the Department of Fish and Game determines that Fish
F- 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: Mathew Tachdjian, Col -Am
Properties, LLC, P.O. Box 4655, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
f _r
BY:
Steve Tye, Jairman
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 22nd day of June 1999, by
the following vote:
AYES: Tye, Nelson, McManus, Ruzicka, Kuo
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
PJam4esDeSltefano, Secretary
y
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-r --- - - - - -' - -_---- - _- --- .---- ,—.---- 'll
PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 98-7,
DEVELOPMENT REVIEW NO. 98-12, VARIANCE NO. 99-2, NEGATIVE
DECLARATION NO. 99-3 AND ADDENDUM TO THE NEGATIVE
DECLARATION FOR THE CONSTRUCTION OF A CAR WASH WITH A
RETAIL SALES BOUTIQUE, THREE -BAY LUBE CENTER, DETAIL
CENTER WITH OFFICE, SIX -BAY AUTO SERVICE CARE CENTER,
THREE FUELING PUMPS AND TWO PLATFOP14S TO DISPLAY NEW
CARS. ADDITIONALLY, THE PROJECT INCLUDES THE
CONSTRUCTION OF AN 18 -FOOT HIGH RETAINING WALL. THE
PROJECT SITE IS LOCATED AT 515 S. GRAND AVENUE, (PARCELS 3
AND 4 OF PARCEL MAP 15625) DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. The property owner/applicant Mathew Tachdjian of Col -Am Properties, LLC has filed an application for
Conditional Use
Permit No. 98-7, Development Review No. 98-12, Variance No. 99-2 and Negative
Declaration/Addendum No. 99-3 for a property located at 515 S. Grand Avenue, Diamond Bar,
Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit,
Development Review, Variance and Negative Declaration/Addendum shall be referred to as the
"Application".
2. On April 27, 1999, the Planning Commission of the City of Diamond Bar conducted a duly noticed public
hearing on the Application. At that time, the public hearing was opened, public comments were heard and
the public hearing was continued to May 11, 1999. The public hearing was again continued to June 8,
1999, and June 22, 1999.
3. Notification of the public hearing for this proDect. was provided in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers on April 5, 1999. On March 31, 1999, public hearing
notices were mailed to approximately four property owners of record within a 500 -foot radius of
the project. Furthermore, on April 5, 1999, the project site was posted with the required display
board.
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.
2. The Planning Commission hereby finds that the Initial Study review and Negative Declaration No. 99-3 have
been prepared by the City of Diamond Bar in compliance with the requirement of the California
Environmental Quality Act (CtQA) and guidelines promulgated thereunder, pursuant to Section 15070.
Pursuant to CEQA Section 15164, Addendum to Negative Declaration No. 99-3 has been prepared.
Furthermore, Negative Declaration No. 99-3 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, and changes and alte-rations which have
been incorporated into and conditioned upon the proposed project set forth in the application,
there is no evidence before this -Planning Commission that the project proposed herein will have
the potential of an adverse effect on wild life resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this 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 relates to a rectangular -shaped vacant lot, consisting of two parcels (Parcel 3 -
approximately 36,350 square feet and Parcel 4 - approximately 10,070 square feet)
approximately 1.06 acres. The project site is basically denude of vegetation with existing -
walls adjacent to the north and'south property lines and within the eastern portion of the
project site near Grand Avenue. The project site's topography begins 'at and elevation of
approximately 699 feet, at Grand Avenue and slopes down to Old Brea Canyon Road to
an elevation of approximately 677 feet. Both parcels contain easements for Los Angeles
County flood control and storm drain and Southern California Edison.
(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 the establishment of
freeway -oriented, and/or community retail and service commercial uses. Additionally,
development within the C designation is permitted to maintain a maximum floor area ratio
(FAR) of 1.00. The project's FAR is 0.24.
(c) The project site is within the"Regional Commercial (C-3) Zone. This zoning designation
permits a wide range of uses (i.e. retail trade, services, fueling/service stations, vehicle
repair/maintenance, auto sales, car washes, restaurant's, etc.)
(d) Generally, the following zones and uses surround the project site: To the north is the
Burger King restaurant, Diamond Bar Honda dealership, C-3 Zone and boundary
for the City of Industry; to the south is the Pomona (SR -60) Freeway; to the east
is Grand Avenue and boundary for the City of Industry; and to the west is Old
Brea Canyon Road and boundary for the City of Industry. The project site is also
located in the City's Redevelopment Agency's Economic Revitalization Area.
(e) The Application request is to construct an automated hand car wash facility that
consists of the following: A wash
--tunnel of approximately 2,402 square feet; retail sales boutique area, approximately
2,089 square feet; three -bay lube center, approximately 1,140 square feet; detail
center with office, approximately 1,467 square feet; sixbay auto service center,
approximately 4,150 square feet; three fuel dispensers; vacuum and queuing and
drying areas; two platforms to display new cars; and retaining wall with a -
maximum height of 18 feet. Additionally, the display platform and six -bay auto
service center will be an expansion of the Honda dealership.
DEVELOPMENT
(f) The design and layout of the proposed development is consistent with the applicable
elements of the City's General Plan, City Design Guidelines, and development
standards of the applicable district, design guidelines, and architectural criteria for
special areas (e.g., theme areas, specific plans, community plans, boulevards or
planned developments).
The proposed project provides for the establishment of service and retail uses
that are consistent with the General Plan's Regional Commercial land use
designation. Pursuant to the General Plan and as amended herein, the proposed
project will yield a pleasant environment for those working and visiting the car
wash facility through its design, use of materials and colors, landscaping that will
offer a variety of plant species and adequate onsite parking with the required
recorded reciprocal parking and access agreement.
(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 the -Regional Commercial Zone, which permits the
proposed uses. The proposed project is located within an established commercial
development at the boundary of the City. The proposed development's design (as
amended herein) and layout will unify and integrate the proposed development
with the existing adjacent development., Additionally, as referenced in the traffic
impact study dated June 10, 1999, prepared by Associated Traffic Consultants,
the proposed project will not create traffic or pedestrian hazards.
(h) 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 22.48.20. Development
Review standards, City Design Guidelines and the City's General Plan.
As also referenced in Item 4. (f) above and (i) below, the proposed project will be
consistent and compatible with the architectural design, materials, and colors of
the commercial development within the area. Therefore, the proposed project will
be compatible with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development contemplated by the
City's Development Review requirements, Design Guidelines and General Plan.
(i) 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, as amended herein,
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. The construction materials, concrete block,
glass and metal will retain a reasonably adequate level of maintenance.
Q) The proposed development will not be detrimental to public health, safety or welfare or
materially injurious (e.g. negative affect on property values or resale(s) 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, and Fire Department, requirements. The
referenced agencies' involvement will ensure that the proposed 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);
Pursuant . to the provisions of CEQA, the City has determined that a Negative
Declaration is required for this project. According to CEQA Section 15070,
Negative
--Declaration No. 99-3 has been prepared. The Negative Declaration's review
period began April 5, 1999, and ended April 24, 1999.
Pursuant to CEQA Section 15164, Addendum to Negative Declaration No. 99-3
has been prepared. The revisions indicate that the proposed project will not have
a significant impact. Therefore, further public review is not required.
(1) The proposed project will be in substantial compliance with the adopted Economic
The proposed project is located within the Economic Revitalization Area. The
proposed project is consistent with the Economic Revitalization Area Plan in that
it: Implements the General Plan's policies, goals, objectives and strategies.
Additionally, the proposed project provides an opportunity for retail and other
nonresidential commercial uses; promotes the economic development of the
Project Area by providifig an attractive, well -serviced, well -protected environment
for all residents and visitors; promotes local job opportunities; and as amended
herein will implement design and use standards that assure high aesthetic and
environmental quality, and provide unity and integrity to developments within the
Project Area.
CONDITIONAL USE PERMIT
(m) The proposed use is allowed within the subject zoning district with the approval of a
Conditional Use Permit and complies with will other applicable provisions of the
Development Code and the Municipal Code;
Pursuant to Tables 3-10, the proposed uses are either permitted with a Conditional Use
Permit or permitted by right within the C-3 Zone. As conditioned and amended herein, the
proposed uses will comply with all other applicable provisions of the Development Code
and the Municipal Code.
(n) The proposed use is consistent with the General Plan and any applicable specific plan;
There is no specific plan for the project area. As referenced in Item (f) above, the proposed
project is consistent with the General Plan.
(o) The design, location, size and operating characteristics of the proposed use are compatible
with the existing and future land uses in the vicinity;
---As also referenced in Item 4. (f) and (i) above, the proposed project, as amended herein,
will be consistent and compatible with the architectural design, materials, and colors of
the commercial development within the area. The project site is adequate in size to
accommodate the proposed project, as amended herein, with the requirement that the
applicant obtain and record a reciprocal parking and access agreement. Operating
characteristics will be compatible with the existing and future land uses in the vicinity as
conditioned through the Conditional Use Permit process.
(p) The subject site is physically suitable for the type and density/ intensity of the use being
proposed including access, provision of utilities, compatibility with adjoining land uses,
and the absence of physical constraints;
As referenced in Item (h) above, the subject site is physically suitable to the proposed
project. Access has been reviewed in a traffic impact study prepared by Associated
Traffic Consultants and the City's traffic engineer/Public Works Division. The access was
deemed adequate. Utilities are existing and as required in the conditions of approval, the
proposed project will be able to hook-up to existing utilities. As referenced above in Items
(f), (g), (n), (m), (n), and (o), the proposed project will be compatible with adjoining land
uses. As proposed, the project is absent physical constraints.
(q) 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;
As amended herein, conditioned, and with appropriate permits and inspections,
the granting of 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.
VARIANCE
(r) There are special circumstances applicable to the property (e.g., location, shape,
size, surroundings, topography, or other conditions), so that the strict application
of this Development Code denies the property owner privileges enjoyed by other
property owners in the vicinity and under identical zoning districts or creates an
unnecessary and on -self created, hardship or
--unreasonable regulation which make it obviously impractical to require
compliance with the development standards;
The Variance is related to an 18 -foot high retaining wall, which will support a
(extension of the Honda dealership) adjacent to Grand Avenue. Grand Avenue is
at an elevation of approximately 700 feet. Abutting Grand Avenue, the project
site's elevation varies to approximately 688 feet. Due to the site's topography and
the aesire to bring a portion of the proposed development up to street level
(which is common for most commercial development within the City), the 18 -foot
high retaining wall is needed.
(s) 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 district and denied to the property owner for which the Variance is sought;
As referenced in Item (r) above, 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 district and denied to the property
owner for which the Variance is sought;
(t) Granting the Variance is consistent with the General Plan
and any other applicable specific plan;
The proposed retaining wall is consistent with the General Plan in that it allows
for the expansion of the Honda dealership by providing a platform area for display
of cars. This display area -will assist in minimizing sales tax leakage to other cities
that have auto malls. The granting of the Variance allows further development of
a business in a manner that takes advantage of freeway visibility as referenced in
Strategy 1.3.2 of the General Plan. Furthermore,'the granting of this Variance
expands the Honda dealership, thereby retaining and expanding an established
business as referenced in Strategy 1.3.4. Therefore, granting the Variance is
consistent with the General Plan. The project site is not within a specific plan
area.
(u) The proposed entitlement would not be "detrimental to the public interest, health,
safety, convenience, or welfare of the City;
As referenced in Items (h), (i)f Q) and (q) above, the proposed entitlement would
not be detrimental to the
interest, health, safety, convenience, or welfare of the'City;
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, grading plan, floor plan,
elevations, final landscape/irrigation plan, final exterior and parking lot lighting
plan/study and colors/materials board collectively labeled as Exhibit "A" dated
June -22, 1999, as submitted and approved by the Planning Commission, as
amended herein.
(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) Before the issuance of any City permits, the applicant shall submit a final
landscape/irrigation plan that delineates plant species, size, quantity and location,
for the City's review and approval. The final landscape plans shall also include
tree species and size approved by the City, utilized as a uniforming element that
ties
together the proposed, -developirient with the existing development. Any
existT—g landscaping that has died or is destroyed during construction shall be
replaced matching the existing landscaping. Additionally, the final landscape plan
shall delineate the four required trees within the parking area. Said trees shall be
a minimum size of 36 -inch box. The landscape/irrigation plan shall comply with
the City' s established Water Efficient Landscape -Regulations and -shall be plan
checked accordingly. All landscaping and irrigation shall be installed prior to final
inspection.
(d) Before the issuance' of any City permits, the applicant shall submit an exterior
lighting plan/study for the City's review and approval. Lighting shall comply with
all applicable Development Code standards.
(e) All roof -mounted equipment shall be screened from public -.view.
(f) Prior to the issuance of a building permit, the applicant shall submit a final detail of
the trash/recycle bin enclosure for the City's review and approval.
(g) Proposed retaining wall shall not exceed 18 feet in height
(h) Prior to the issuance of any City permits, the applicant shall delineate pedestrian
access from the car wash site to,the Burger King restaurant site on a revised site
plan for the City's review and approval.
(i) The proposed project shall comply with the City's noise standards. The car wash
force -air blower shall be operated only between the hours of 7:00 a.m. and 8:00
p.m. and in a manner that does not exceed 69 dBA at any point on contiguous
receptor property, f ive feet above grade level, no closer than three feet from any
wall in a commercial/industrial location.
Q) Prior to the issuance of any City permits, the applicant shall obtain City approval for
and shall record the proposed lot line adjustments.
(k) Prior to final inspection/occupancy, the applicant shall pay their "fair -share" (1.42%/
$7,244) of the installation of the following traffic improvements measures as
required by the Deputy Public Works Director and Cal -Trans:
(1) Grand Avenue and SR-57/SR-60 west bound ramp: Provide an additional
right -turn lane and an additional left -turn lane on the off ramp resulting
in two left -turn and two'right-turn lanes; and
(2) Provide an additional through lane on the northbound approach of Grand Avenue
resulting in three through lanes.
(1) Prior to the issuance of any City permits, the applicant shall submit a complete
grading plan in accordance with the City's grading requirements -for the City's
review and approval. The grading plan shallp
(1) Be signed/stamped by a civil engineer, geotechnical
engineer and geologist as required;
(2) Delineate the proposed and existing topography; (3) Delineate finish surface,
finish grade, flow lines, top of wall, bottom of wall, bottom of footing and finished
surface for proposed retaining walls;
(4) Delineate proper drainage with details and sections; and
(5) Indicate quantity and earth work calculation.
(m) Plans shall delineate retaining wall sections drawn to scale with appropriate details, type of
retaining wall and structural calculations.
(n) Before the issuance of any City permits, the applicant shall submit an erosion control plan
for the City's review and approval. The erosion control plan shall conform to National
Pollutant Discharge Elimination System (NPDES) standards and incorporate the
appropriate Best Management Practices (BMP' s) . Additionally, the applicant shall
obtain the necessary NPDES permits.
(o) The applicant shall be responsible for sewer and storm drain system/lateral
installation and shall ensure connection with the Los Angeles County Department
of Public Works for.storm drain and sewer lateral if there are none currently
available. Additionally, the applicant shall pay the County Sanitation District for
connection fees. Furthermore, the applicant shall be responsible for all costs
associated with the improvement, review and approval for the addition of sewer
or storm drains.
(p) Prior to final inspection, the applicant shall install full sidewalk improvements along the
property frontage at Old Brea Canyon Road to the satisfaction of the Deputy Public
Works Director and with an encroachment permit.
IN
The sidewalk width —sh 11
sidewalk. (q) Applicant shall submit a soils report, for the City's
review and approval, incorporating the scope of the proposed
development. The soils report shall give appropriate recommendation for the
project's construction including the suitability of the retaining wall to withstand
pressure of the retained 'soil and proposed development.
(r) Driveway improvement shall be required at the appropriate width.
(s) Prior to the issuance of any City permits, the applicant shall submit a revised site
plan accurately delineating the existing storm drain easement dedicated, to Los
Angeles County Flood Control District along the northerly ---end of Parcels 3 and 4.
(t) Applicant shall be responsible for all utility -improvements. All utility improvement
shall be made prior to occupancy. If cuts within the City right-of-way are required,
the applicant shall obtain the appropriate encroachment permits and pay the
appropriate fees.
(u) Applicant shall be responsible for acquiring the appropriate industrial waste permits
with Los Angeles County. Additionally, the applicant shall conform to all NPDES
requirements.
(v) All handicap parking shall comply with current State handicap accessible regulation.
Van parking shall be provided. Site plan shall delineate path of travel from parking
lot to building. Cross slope shall not exceed two percent. All bathroom and ramps
shall be designed in compliance with State handicap accessible regulations.
Required handicap signage shall be installed at each entrance.
(w) Plans shall conform to State and Local Building Code (i.e. 1994 Uniform Building
Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1993 National
Electrical Code) and State Energy Code requirements.
(x) Construction plans shall be engineered to meet wind loads of 80 M.P.H. with a "C"
(y) Pursuant to the Building and Safety Division requirements, the applicant shall
provide construction fencing surrounding the boundaries of the project site.
(z) Applicant shall submit construction plans to the Los Angeles County Fire Department for review and
approval. Plans shall comply with all applicable fire codes.
(aa) Applicant shall obtain and record a reciprocal parking and access agreement that includes all four
parcels (Diamond Bar Honda dealership, Burger King restaurant and car wash facility).
(bb) Gasoline delivery shall not occur during operational hours bf the car wash.
(cc) Adjacent to the north elevation of the six -bay auto care center and the car wash, the
applicant shall negotiate with Cal -Trans in order to install landscaping and irrigation on
Cal -Trans property. If an agreement is obtained, maintenance of this landscape area shall
be the responsibility.
(dd) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free
area adjacent to the project site over which the applicant has control.
The applicant shall be responsible for the graffiti removal within 48 hours of it
appearance or upon notification to the applicant of its appearance.
(ee) All under ground tanks, contaminant storage tanks and storage tanks for oil, fluids and all
other chemicals shall meet all environmental requirements including the applicant
obtaining the appropriate permits from South Coast Air Quality Management District,
California Regional Water Quality Board and the Fire Department.
(ff) 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 of time may be .approved when
submitted to the City in writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed public hearing in
accordance with Chapter 22.72 of the City of Diamond Bar Development Code.
(gg) This grant shall not be effective for any purpose until the permittee and owner of the
property involved (if other than the permittee) have filed, within fifteen (15) days of
approval of this grant, at the City of Diamond Bar Community and 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, school fees and fees for the review of submitted reports.
W,
(hh) 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: Mathew
Tachdj ian, Col -Am Properties, LLC, P.O. Box 4655, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 22ND OF JUNE 1999, BY THE PLANNING
BY: Steve Tye, —Vairman
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 22nd day of June 1999, by the following vote:
AYES: Tye, Nelson, McManus, Ruzicka, Kuo
NOES: None
ABSENT: None
ABSTAIN: None ATTEST:
PJ ame 4sD e
James DeStefano,
Secretary
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